Free Motion for Entry of Default - District Court of Federal Claims - federal

Case 1:06-cv-00387-LB

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Filed 10/16/2006

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS INFORMATION SYSTEMS & NETWORKS CORP. Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) ) )

No. 06-387C (Judge Block)

DEFENDANT'S MOTION FOR ENTRY OF DEFAULT UPON DEFENDANT'S COUNTERCLAIM Defendant, the United States, respectfully requests that the Clerk enter the default of plaintiff, Information Systems & Networks Corp. ("ISN"), upon the Government's counterclaim, pursuant to Rule 55(a) of the Rules of the United States Court of Federal Claims ("RCFC"). Rule 55(a) provides that "[w]hen a

party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend as provided by these rules and that fact is made to appear by affidavit or otherwise, the clerk shall enter the party's default." The entry of a

default by the Clerk is the initial step in the process of seeking judgment by default pursuant to RCFC 55(b). See Florida

Nat'l Bank of Miami v. United States, 5 Cl. Ct. 396, 397 (1984). We request the entry of default because ISN has failed to reply to the Government's counterclaim. On September 7, 2006,

the Government filed its answer to ISN's complaint electronically, which caused the filing to be served upon ISN by operation of the Court's electronic filing system on the same

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date.

That answer included a counterclaim for $280,241, plus Defendant's Answer And Counterclaim at 14-15 ¶¶ 34-37.

interest.

Pursuant to RCFC 6(a), 6(e) and 12(a)(1), ISN's reply to the counterclaim was due no later than Monday, October 2, 2006. however, has not filed any reply. Consequently, ISN is in ISN,

default upon the Government's counterclaim. For the foregoing reasons, we request that the Clerk enter ISN's default upon the Government's counterclaim, pursuant to RCFC 55(a). Respectfully submitted, PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director s/Mark A. Melnick by s/Donald E. Kinner MARK A. MELNICK Assistant Director s/Timothy P. McIlmail TIMOTHY P. MCILMAIL Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor 1100 L Street, N.W. Washington, D.C. 20530 Tele: (202) 514-4325 Fax: (202) 514-7965 Attorneys for Defendant October 16, 2006 2

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Certificate of Filing I hereby certify that on October 16, 2006, a copy of the foregoing Defendant's Motion For Entry Of Default Upon Defendant's Counterclaim 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. access this filing through the Court's system. s/Timothy P. McIlmail Parties may