Free Motion to Dismiss - Rule 41(a) - District Court of Federal Claims - federal

Case 1:08-cv-00091-CCM

Document 8

Filed 06/04/2008

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS HAMMER LGC, INC. Plaintiff, vs. UNITED STATES, Defendant. ) ) ) ) ) ) )

Case No. 08-91 (Judge Christine O.C. Miller)

JOINT STIPULATION OF PARTIAL DISMISSAL Come now the plaintiff, HAMMER LGC, INC., (hereinafter "Hammer"), and the United States, by and through their respective counsel of record, and together stipulate to a partial, voluntary dismissal of certain claims contained in the plaintiff's Complaint, pursuant to Rule 41(a)(1)(ii) of the Rules of the United States Court of Federal Claims. The parties stipulate as follows: 1. 2. 3. The plaintiff filed its Complaint on February 14, 2008. The Government answered said Complaint on April 28, 2008. Counsel for both parties agree that certain portions of the plaintiff's claim

are outside of the jurisdiction of this Court. 4. With the consent of the Government, the plaintiff hereby voluntarily

dismisses the damages claims contained in paragraphs 228(E) ("Release of Retention") and 228(F) ("Continental Plumbing's Pass Through REA") of its Complaint. This

dismissal pertains only to these two (2) paragraphs which include claims for $28,978.00 and $108,504.00, respectively. WHEREFORE, the premises considered, the parties stipulate to the entry of this voluntary, partial dismissal upon the record of this case.

Case 1:08-cv-00091-CCM

Document 8

Filed 06/04/2008

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Respectfully submitted on this the 4th day of June, 2008. /s/ Howell Roger Riggs Howell Roger Riggs Attorney for the Plaintiff Dick Riggs Miller, LLP 200 Clinton Avenue West, Suite 1050 Huntsville, Alabama 35801 Tel: (256) 564-7317 Fax: (256) 564-7319 [email protected] GREGORY G. KATSAS Acting Assistant Attorney General

JEANNE E. DAVIDSON Director

s/Steven J. Gillingham STEVEN J. GILLINGHAM

/s/ Michael N. O'Connell MICHAEL N. O'CONNELL U. S. Department of Justice Commercial Litigation Branch 1100 L Street, N.W., 8th Floor Washington, DC 20530 Tel: (202) 353-1618 Attorneys for Defendant

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