Free Answer - District Court of Federal Claims - federal

Case 1:99-cv-02051-LAS

Document 48

Filed 11/01/2007

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS ) ) ) ) ) ) ) ) ) ) ) )

ATHEY, ROBERT M., et al., Plaintiffs, v.

C.A. No. 99-2051C (Senior Judge Smith)

THE UNITED STATES, Defendant.

DEFENDANT'S ANSWER TO FOURTH AMENDED CLASS ACTION COMPLAINT For its answer to the amended and supplemental complaint that the Court deemed filed in Docket No. 99-2051, on October 15, 2007, defendant admits, denies, and alleges as follows: 1. The allegations contained in the first paragraph are plaintiffs' characterization of

this action to which no response is required; to the extent that they may be deemed allegations of fact, they are denied.

2.

The allegations contained in the first sentence of paragraph 2 are plaintiffs'

characterization of this action to which no response is required; to the extent that they may be deemed allegations of fact, they are denied. Denies the allegations contained in the second sentence of paragraph 2 for lack of knowledge or information sufficient to form a belief as to their truth. 3. The allegations contained in the first sentence of paragraph 3 are

plaintiffs' characterization of this action to which no response is required; to the extent that they may be deemed allegations of fact, they are denied. Denies the allegations contained in the second sentence of paragraph 3 for lack of knowledge or information sufficient to form a belief as to their truth.

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4.

The allegations contained in paragraph 4 are conclusions of law to which no

response is required; to the extent that they may be deemed allegations of fact, they are denied.

5.

The allegations contained in paragraph 5 are conclusions of law to which no

response is required; to the extent that they may be deemed allegations of fact, they are denied.

6.

The allegations contained in the first sentence of paragraph 6 are

plaintiffs' characterization of this action to which no response is required; to the extent that they may be deemed allegations of fact, they are denied. Denies the allegations contained in the second and third sentence of paragraph 6 for lack of knowledge or information sufficient to form a belief as to their truth.

7. 8. 9.

Denies. Denies. The allegations contained in the first sentence of paragraph 9 are conclusions of

law to which no response is required; to the extent that they may be deemed allegations of fact, they are denied. Denies the allegations contained in the second sentence of paragraph 9 for lack of knowledge or information sufficient to form a belief as to their truth.

10.

Denies the allegations contained in paragraph 10 for lack of knowledge or

information sufficient to form a belief as to their truth.

11.

Denies the allegations contained in paragraph 11 for lack of knowledge or

information sufficient to form a belief as to their truth.

12.

Denies the allegations contained in paragraph 12 for lack of knowledge or

information sufficient to form a belief as to their truth.

13.

Denies the allegations contained in paragraph 13 for lack of knowledge or

information sufficient to form a belief as to their truth.

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14.

Denies the allegations contained in paragraph 14 for lack of knowledge or

information sufficient to form a belief as to their truth.

15. 16. 17.

Denies. Denies. Defendant's responses to paragraphs 1 through 16 of the complaint are

incorporated by reference.

18.

The allegations contained in paragraph 18 are conclusions of law to which no

response is required; to the extent that they may be deemed allegations of fact, they are denied.

19.

Denies the allegations contained in paragraph 19 for lack of knowledge or

information sufficient to form a belief as to their truth.

20. 21.

Admits. Denies the allegations contained in paragraph 21 for lack of knowledge or

information sufficient to form a belief as to their truth.

22.

Defendant's responses to paragraphs 1 through 21 of the complaint are

incorporated by reference.

23.

The allegations contained in paragraph 23 are conclusions of law to which no

response is required; to the extent that they may be deemed allegations of fact, they are denied.

24. 25.

Admits. The allegations contained in paragraph 25 are conclusions of law to which no

response is required; to the extent that they may be deemed allegations of fact, they are denied.

26.

The allegations contained in paragraph 26 are conclusions of law to which no

response is required; to the extent that they may be deemed allegations of fact, they are denied. 27. Denies.

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28.

Denies that plaintiffs are entitled to the relief set forth in the prayer for relief

immediately following paragraph 27, or to any relief whatsoever. 29. Denies each and every allegation not previously admitted or otherwise qualified.

WHEREFORE, defendant requests that the Court enter judgment in its favor, order that the complaint be dismissed and grant defendant such other and further relief as the Court may deem just and proper.

Respectfully submitted,

PETER D. KEISLER Assistant Attorney General

JEANNE E. DAVIDSON Director

/s/ Todd M. Hughes TODD M. HUGHES Deputy Director

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OF COUNSEL: /s/ Sharon A. Snyder SHARON A. SNYDER Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 1100 L St., NW, 8th Floor Washington, D.C. 20530 (202) 307-0361 Attorneys for Defendant

KATE M. RYAN General Attorney U.S. Department of Veterans Affairs 801 Vermont Ave. N.W. Washington, D.C.

November 1, 2007

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CERTIFICATE OF FILING I hereby certify that on November 1, 2007, a copy of the foregoing "DEFENDANT'S

ANSWER TO FOURTH AMENDED CLASS ACTION COMPLAINT" 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/ Sharon A. Snyder