BEFORE THE CHIEF INFORMATION OFFICER STATE OF NORTH CAROLINA DEPARTMENT OF INFORMATION TECHNOLOGY Proceeding N0. 000-1000A AMPLIFY EDUCATION. INC. Petitioner, ORDER FOR NORTII CAROLINA DEPARTMENT OF AY PUBLIC INSTRUCTION, IMAGINATION 1 STATION. ReSpondent. Petitioner Amplify Education Inc.?s Motion to Stay the award of the contract to Imagination Station. Inc. during the pending administrative review proceedings is GRANTED upon review of the record and briefs submitted by counsel. SO ORDERED. This the 19?h day of August, 2019. I Secretary I. Eric Boyette? Hearing Of?cer CERTIFICATE OF SERVICE The undersigned certi?es that, on the date shown below, the Department of Information Technology sent the foregoing document to the persons named below at the addresses shown below. by electronic service as de?ned in In 03 0501(4), or by placing a copy thereof. enclosed in a wrapper addressed to the person to be served. into the custody of the North Carolina Mail Service Center who subsequently will place the foregoing document into an of?cial depository of the I'nited States Postal Service: J. Mitchell Armbruster Edward F. Roche Smith. Anderson. Blount, Dorsett, Mitchell. Jernigan, L.L.P. P.O. Box 261 1 Raleigh. NC 27602 marmbrustertg; smithlawcom crocher?itsmithlawcom Philip Thomas North Carolina Department of Public Instruction 301 N. Wilmington Street 6301 Mail Service Center Raleigh, NC 27699-6301 Philipthomas dpi.nc.gov Kieran J. Shanahan Brandon S. Neuman Andrew D. Brown Shanahan Law Group. PLC 128 E. Hargett Street, Suite 300 Raleigh. 27601 bneumanta?lshanahanlawgroupcom This the 19"11 day of August, 2019. BEFORE THE CHIEF INFORMATION OFFICER STATE OF NORTH CAROLINA DEPARTMENT OF INFORMATION TECHNOLOGY Proceeding N0. 000-1000A AMPLIFY EDUCATION. INC. Petitioner. NOTICE OF CONTESTED CASE NORTH CAROLINA DEPARTMENT OF PUBLIC INSTRUCTION. IMAGINATION STATION. Respondent. .., .J NOTICE IS HEREBY GIVEN that a request for administrative hearing pursuant to 09 NCAC 68 .1102(? and 09 NCAC 6B .1103 was ?led in and accepted by Department of Information Technology on August 2. 2019. In accordance with 09 NCAC 6B .1102 and 09 NCAC 06B .1104 Secretary J. Eric Boyette will serve as the Hearing Of?cer in this case. The Hearing Of?cer may be contacted by mail at 3700 Wake Forest Road, Raleigh. NC. 27619-7200. or by telephone at 919?754-6000. The Respondents shall submit. within 30 days. a copy of the document constituting agency action. which caused the ?ling of the Petition. A copy of any document or other pleading ?led with the Department of Information Technology must also be sent to the other parties at the time of ?ling. If a party changes its mailing address. or if the address is incorrect, the Department of Information Technology must be noti?ed Of the new or corrected address. NOTE: Attached is an Order for Prehearing Statements. You MUST complete the Order for Prehearing Statements and return it to our Office within 30 days. This the 19?h day of August. 2019. CERTIFICATE OF SERVICE The undersigned certi?es that. on the date shown below. the Department of Information Technology sent the foregoing document to the persons named below at the addresses shown below. by electronic service as de?ned in 26 NCAC 03 0501(4). or by placing a copy thereof. enclosed in a wrapper addressed to the person to be served. into the custody of the North Carolina Mail Service Center who subsequently will place the foregoing document into an of?cial depository of the United States Postal Service: J. Mitchell Armbruster Edward F. Roche Smith. Anderson. Blount. Dorsett. Mitchell. ernigan, L.L.P. PO. Box 261 1 Raleigh. NC 27602 marmbrusterrcirsmithlawcom erocheicri'smithlawcom Philip Thomas North Carolina Department of Public Instruction 301 N. Wilmington Street 6301 Mail Service Center Raleigh. NC 27699-6301 Philipthomasfaldpinc. gov Kieran J. Shanahan Brandon S. Neuman Andrew D. Brown Shanahan Law Group. PLC 128 E. Hargett Street, Suite 300 Raleigh. NC 27601 kieranm?shanahanlawgroupcom bneuman?shanahanlawgroup.com abrowntgIshanahanlanroupcom This the 19?? day of August. 2019. BEFORE THE CHIEF INFORMATION OFFICER STATE OF NORTH CAROLINA DEPARTMENT OF INFORMATION TECHNOLOGY Proceeding No. 000-1000A AMPLIFY EDLYCATION. Petitioner, v. ORDER FOR PREH EA RING NORTH CAROLINA DEPARTMENT OF STATEMENTS PUBLIC INSTRUCTION, IMAGINATION STATION, INC. Respondent. _1 Please complete this form and mail the original and one copy to the Department of Information Technology, 3700 Wake Forest Road, Raleigh, NC 27609-6700; mail a copy to the other party and keep a copy for your records. This Prehearing Statement must be filed and served within 30 days of the date of this ORDER. Failure of a party to comply with this Order for Prehearing Statements may result in the imposition of one or more of the sanctions set forth in 09 NCAC 06B. 0114 against the non- complying party, which may include the dismissal of the Petition if Petitioner fails to comply. or other appropriate sanctions against the Respondent if Respondent fails to comply. In order to permit the prompt preparation of this case for hearing. IT IS HEREBY ORDERED, pursuant to 09 NCAC 06B .1106, that each party ?le with the Department of Information Technology and serve upon the other parties a Prehearing Statement containing your present position with regard to the following: 1. The issue(s) to be resolved (additional pages may be attached if needed): A brief statement of the facts and reasons supporting the issue(s) in dispute (additional pages may be attached if needed): The statutes, rules, and legal precedent, if known (additional pages may be attached if needed): A list of proposed witnesses you may call at the hearing (additional pages may be attached if needed): Whether you wish to pursue discovery. If so, the estimated length of time required. (Discovery is a technical term used in the law that references acquiring of previously unknown facts and information about the case by one party from the other party through compliance with the speci?c rules governing pretrial procedures such as depositions. interrogatories and exchanging of exhibits. and the preparation time each party will need in order to be ready for hearing): Ifyou received 3 Scheduling Order, is the date and location of the hearing acceptable? If not, you must ?le a separate motion requesting a change. 7. If you do not have an attorney representing you in this contested case, please provide the following information in order to receive communications from this Office. You are reguired to notify this of?ce of any changes in this information: Home address: Business address: Telephone number: Cell number: Fax number: Email address: 8. Estimated length of hearing: 9. Other special considerations (additional pages may be attached if needed): YOUR FRINT YOUR This the day of? 2019. CERTIFICATE OF SERVICE The undersigned certi?es that, on the date shown below, the Of?ce of Administrative Hearings sent the foregoing document to the persons named below at the addresses shown below. by electronic service as de?ned in 26 NCAC 03 0501(4), or by placing a copy thereof, enclosed in a wrapper addressed to the person to be served. into the custody of the North Carolina Mail Service Center who subsequently will place the foregoing document into an of?cial depository of the United States Postal Service: J. Mitchell Armbruster Edward F. Roche Smith, Anderson, Blount. Dorsett, Mitchell. Jernigan. L.L.P. PO. Box 261 1 Raleigh, NC 37ml: marmbruster. g'smithlaw .com erocheta'tsmithlaw .com Philip Thomas North Carolina Department of Public Instruction 301 N. Wilmington Street 6301 Mail Service Center Raleigh. NC 27699?6301 Philip.thomas@dpi.nc.gov Kieran J. Shanahan Brandon S. Neuman Andrew D. Brown Shanahan Law Group. PLC 128 E. Hargett Street. Suite 300 Raleigh. NC 27601 kieramcilshanahanlawgroupcom abrowntalshanahanlawgroup.com This the 19?h day ofAugust, 2019. BEFORE THE CHIEF INFORMATION OFFICER STATE OF NORTH CAROLINA DEPARTMENT OF INFORMATION TECHNOLOGY Proceeding No. 000-1000A F- AMPLIF EDUCATION. INC, Petitioner, V. PREHEARING SCHEDULING NORTH CAROLINA DEPARTMENT OF CONFERENCE ORDER 1?1 INSTRUCTION. IMAGINATION STATION, INC. Respondent. The undersigned has established the following Prehearing Scheduling Conference Order. This Scheduling Order may be later amended in the discretion Of the Hearing Of?cer. based upon information provided in the parties? Prehearing Statements. The parties will be noti?ed of any changes by way of an Amended Scheduling Order. 1. The conference for this contested case will be in Raleigh, North Carolina on October 8th at the Department of Information Technology. 2. A scheduling conference will be conducted on the aforementioned date to determine a schedule for proceeding. IT IS SO ORDERED. This the 19?h day of August. 2019. 523% 7 J. Eric Boyette State Chief Information Of?cer CERTIFICATE OF SERVICE The undersigned celtifies that, on the date shown below, the Department of Information Technology sent the foregoing document to the persons named below at the addresses shown below. by electronic service as de?ned in 26 NCAC 03 0501(4), or by placing a copy thereof, enclosed in a wrapper addressed to the person to be served, into the custody of the North Carolina Mail Service Center who subsequently will place the foregoing document into an of?cial depository ol'the [?nited States Postal Service: J. Mitchell Armbruster Edward F. Roche Smith, Anderson. Blount, Dorsett, Mitchell, ernigan, L.L.P. PO. Box 2611 Raleigh, NC 27602 marmbruster?q smithlawcom Philip Thomas North Carolina Department of Public Instruction 301 N. Wilmington Street 6301 Mail Service Center Raleigh, NC 27699?6301 Philip.thomasfa1dpi.nc.gov Kieran J. Shanahan Brandon S. Neuman Andrew D. Brown Shanahan Law Group, PLC 128 E. Hargett Street, Suite 300 Raleigh, NC 27601 kieranrc?shanahanlawgroupcom bncumnn shanahanlawgroupcom abrown(alshanahanlawgroupcom This the 19Ith day of August, 2019.