Georgia Vocational Rehabilitation Agency Business Enterprise Program et al v. United States of America, No. 4:2018cv00148 - Document 20 (E.D. Va. 2018)
Court Description: OPINION AND ORDER. The Court FINDS that the evidence presently before the Court supports a likelihood that Plaintiffs will succeed on the merits, that Plaintiffs will suffer irreparable harm, and that the balance of equities and public interests weig h in favor of granting Plaintiffs' Temporary Restraining Order. Accordingly, the Court GRANTS Plaintiffs' Motion for Temporary Restraining Order, Doc. 2, and ENJOINS Defendant from awarding a new contract to replace Plaintiffs' existin g contract until after December 14, 2018, at which time the Court will conduct a full hearing on Plaintiffs' Complaint for Preliminary Injunction. The Court ORDERS Plaintiffs to post a nominal $1,000 cash bond pending the Court's hearing on Plaintiffs' Complaint for Preliminary Injunction. See Order for details. Signed by District Judge Henry C. Morgan, Jr on 12/10/2018. (jrin)
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Georgia Vocational Rehabilitation Agency Business Enterprise Program et al...nited States of America Doc. 20 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Newport News Division GEORGIA VOCATIONAL REHABILITATION AGENCY BUSINESS ENTERPRISE PROGRAM et al, Plaintiffs, V. Civil Action No. 4:18cvl48 UNITED STATES OF AMERICA, Defendant. OPINION & ORDER This matter comes before the Court on Georgia Vocational Rehabilitation Agency Business Enterprise Program ("GA-SLA") and Michael C. Lee's ("Mr. Lee")(collectively "Plaintiffs'") Motion for Temporary Restraining Order (the "Motion"). Doc. 2. A hearing in this matter was held on Tuesday, December 4, 2018 at 11:00 a.m. For the reasons stated below, the Court GRANTED Plaintiffs' Motion. 1. BACKGROUND A. Factual Allegations Plaintiffs' bring this action pursuant to the Randolph-Sheppard Act ("RSA") and Army Regulation ("AR") 210-25 against the United States of America, by and through the Honorable James N. Mattis, Secretary of Defense, The Honorable Mark Thomas Esper, Secretary of the Army, and Contracting Officer Rhoda C. Harrison-Spence,(collectively "the Government"). S^ Compl. Both the RSA and AR 210-25 provide priority for blind persons in the operation of vending facilities on Federal property. Compl. H 1. Plaintiffs are currently performing the food 'At the hearing, the Government raised an issue regarding Plaintiff Lee's standing, however this is a moot point. The Government concedes that the GA-SLA has standing, and any damage to Mr. Lee would inevitably damage the GA-SLA. 1 Dockets.Justia.com
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