Free Notice (Other) - District Court of Federal Claims - federal

Case 1:07-cv-00849-ECH

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Filed 04/07/2008

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS GRAND ACADIAN, INC. Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) )

No. 07-849C (Judge Hewitt)

NOTICE OF WITHDRAWAL WITHOUT PREJUDICE CONCERNING DEFENDANT'S PARTIAL MOTION TO DISMISS Defendant filed a partial motion to dismiss on February 21, 2008, based upon a legal question of contract interpretation. Plaintiff filed a response on March 20, 2008, which asserts that additional terms of the contract exist in another document. Defendant was not aware of plaintiff's assertion when the partial motion to dismiss was filed. At this preliminary stage of litigation, the nature and extent of the factual dispute concerning the terms of the contract is not clear. In view of the foregoing, it is prudent for defendant to withdraw the motion without prejudice. Counsel for the parties have discussed this notice and plaintiff consents to withdrawal of defendant's motion without prejudice. Defendant reserves the right to renew the motion.

Case 1:07-cv-00849-ECH

Document 11

Filed 04/07/2008

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For the foregoing reasons, defendant hereby withdraws its partial motion to dismiss, dated February 21, 2008, without prejudice. Respectfully submitted,

JEFFREY S. BUCHOLTZ Acting Assistant Attorney General

JEANNE E. DAVIDSON Director

s/Mark A. Melnick MARK A. MELNICK Assistant Director

s/Douglas G. Edelschick DOUGLAS G. EDELSCHICK Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor 1100 L. Street, N.W. Washington, DC 20530 Tel: (202) 353-9303 April 7, 2008 Attorneys for Defendant

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Case 1:07-cv-00849-ECH

Document 11

Filed 04/07/2008

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CERTIFICATE OF SERVICE I hereby certify that on April 7, 2008, a copy of foregoing "NOTICE OF WITHDRAWAL WITHOUT PREJUDICE CONCERNING PARTIAL MOTION TO DISMISS" was filed electronically. I understand that notice of this filing will be sent to all parties by operation of the Court's electronic filing system. Parties may access this filing through the Court's system.

s/Douglas G. Edelschick

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