Free Answer - District Court of Federal Claims - federal

Case 1:06-cv-00377-GWM

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS ROME RESEARCH CORPORATION, Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) ) ) )

No. 06-377C (Judge George W. Miller)

DEFENDANT'S ANSWER For its answer to the complaint, defendant admits, denies, and alleges as follows: 1. The allegations contained in the first sentence of

paragraph 1 constitute conclusions of law and plaintiff's characterization of its case, to which no answer is required; to the extent they may be deemed allegations of fact, they are denied. Denies the allegations contained in the second sentence

of paragraph 1 for lack of knowledge or information sufficient to form a belief as to their truth. Admits the allegations

contained in the third sentence of paragraph 1 to the extent supported by the wage determination and collective bargaining agreement cited, which are the best evidence of their contents; otherwise denies the allegations contained in the third sentence of paragraph 1. 2. The allegations contained in the first and fourth

sentences of paragraph 2 constitute conclusions of law and plaintiff's characterization of its case, to which no answer is

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required; to the extent they may be deemed allegations of fact, they are denied. Denies the allegations contained in the second and third sentences of paragraph 2 for lack of knowledge or information sufficient to form a belief as to their truth. 3. Denies the allegations contained in the first sentence

of paragraph 3, that the cited case currently is pending in the Federal Circuit; as of the time of the execution of this answer, that case no longer was pending. Admits the remainder of the

allegations contained in the first sentence of paragraph 3, to the extent supported by the filings in the case cited, which are the best evidence of their contents; otherwise denies the allegations contained in the remainder of the first sentence of paragraph 3. Admits the allegations contained in the second

sentence of paragraph 3, to the extent supported by the filings in the case cited, which are the best evidence of their contents; otherwise denies the allegations contained in the second sentence of paragraph 3. Denies the allegations contained in the third

sentence of paragraph 3 for lack of knowledge or information sufficient to form a belief as to their truth. 4. Denies the allegations contained in the first sentence

of paragraph 4, that plaintiff is a corporation organized under the laws of the State of New York, for lack of knowledge or information sufficient to form a belief as to their truth; admits the remainder of the allegations contained in the first sentence

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of paragraph 4, to the extent supported by plaintiff's contracts with the Government, which are the best evidence of their contents; otherwise denies the allegations contained in the first sentence of paragraph 4. Admits the allegations contained in the

second sentence of paragraph 4, to the extent supported by plaintiff's contracts with the Government, which are the best evidence of their contents; otherwise denies the allegations contained in the second sentence of paragraph 4. 5. Admits the allegations contained in paragraph 5, that The remainder of the allegations

defendant is the United States.

contained in paragraph 5 constitute legal conclusions, to which no response is required; to the extent they may be deemed allegations of fact, they are denied for lack of knowledge or information sufficient to form a belief as to their truth. 6. The allegations contained in paragraph 6 constitute

conclusions of law and plaintiff's characterization of its case, to which no answer is required; to the extent they may be deemed allegations of fact, they are admitted to the extent supported by the contact cited, which is the best evidence of its contents; otherwise they are denied. 7. Admits the allegations contained in paragraph 7, to the

extent supported by the claim cited, which is the best evidence of its contents; otherwise denies the allegations contained in paragraph 7.

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8.

Admits the allegations contained in paragraph 8, to the

extent supported by the decision cited, which is the best evidence of its contents; otherwise denies the allegations contained in paragraph 8. 9. The allegations contained in paragraph 9 constitute

conclusions of law, to which no answer is required; to the extent they may be deemed allegations of fact, they are denied. 10. Admits the allegations contained in paragraph 10, to

the extent supported by the contract cited, which is the best evidence of its contents; otherwise denies the allegations contained in paragraph 10. 11. Admits the allegations contained in paragraph 11, to

the extent supported by the contract and options cited, which are the best evidence of their contents; otherwise denies the allegations contained in paragraph 11. 12. Admits the allegations contained in paragraph 12, to

the extent supported by the contracts cited, which are the best evidence of their contents; otherwise denies the allegations contained in paragraph 12. 13. Admits the allegations contained in paragraph 13, to

the extent supported by the contract cited, which is the best evidence of its contents; otherwise denies the allegations contained in paragraph 13.

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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. Admits the allegations contained in the first sentence

of paragraph 15, to the extent supported by the collective bargaining agreement cited, which is the best evidence of its contents; otherwise denies the allegations contained in the first sentence of paragraph 15. Denies the allegations contained in

the second sentence of paragraph 15 for lack of knowledge or information sufficient to form a belief as to their truth. 16. Admits the allegations contained in paragraph 16 to the

extent supported by the contract cited, which is the best evidence of its contents; otherwise denies the allegations contained in paragraph 16. 17. Admits the allegations contained in paragraph 17, that

the collective bargaining agreement went into effect September 30, 2003, to the extent supported by the collective bargaining agreement cited, which is the best evidence of its contents; otherwise denies those allegations. Denies the remainder of the

allegations contained in paragraph 17 for lack of knowledge or information sufficient to form a belief as to their truth. 18. The allegations contained in the first sentence of

paragraph 18 constitute conclusions of law, to which no answer is required; to the extent they may be deemed allegations of fact,

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they are denied for lack of knowledge or information sufficient to form a belief as to their truth. Admits the allegations

contained in the second sentence of paragraph 18 to the extent supported by the modification cited, which is the best evidence of its contents; otherwise denies the allegations contained in the second sentence of paragraph 18. 19. Admits the allegations contained in the first sentence

of paragraph 19 to the extent supported by the collective bargaining agreement and contract cited, which are the best evidence of their contents; otherwise denies the allegations contained in the first sentence of paragraph 19. Denies the

allegations contained in the second sentence of paragraph 19 for lack of knowledge or information sufficient to form a belief as to their truth. 20. Denies the allegations contained in paragraph 20 for

lack of knowledge or information sufficient to form a belief as to their truth. 21. Denies the allegations contained in paragraph 21 for

lack of knowledge or information sufficient to form a belief as to their truth. 22. The allegations contained in paragraph 22 constitute

conclusions of law to which no answer is required; to the extent they may be deemed allegations of fact, they are denied for lack

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of knowledge or information sufficient to form a belief as to their truth. 23. Denies the allegations contained in paragraph 23 for

lack of knowledge or information sufficient to form a belief as to their truth. 24. Admits the allegations contained in the first sentence

of paragraph 24 to the extent supported by the notice cited, which is the best evidence of its contents; otherwise denies the allegations contained in the first sentence of paragraph 24. Admits the allegations contained in the second, third, fourth, and fifth sentences of paragraph 24 to the extent supported by the adjustment requests cited, which are the best evidence of their contents; otherwise denies the allegations contained in the second, third, fourth, and fifth sentences of paragraph 24. 25. The allegations contained in paragraph 25 constitute

conclusions of law to which no response is required; to the extent they may be deemed allegations of fact, they are denied for lack of knowledge or information sufficient to form a belief as to their truth. 26. Admits the allegations contained in paragraph 26 to the

extent supported by the modification and decision cited, which are the best evidence of their contents; otherwise denies the allegations contained in paragraph 26.

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27.

Admits the allegations contained in paragraph 27 to the

extent supported by the claim cited, which is the best evidence of its contents; otherwise denies the allegations contained in paragraph 27. 28. Admits the allegations contained in paragraph 28 to

the extent supported by the decision cited, which is the best evidence of its contents; otherwise denies the allegations contained in paragraph 27. 29. Defendant's responses to paragraphs 1 through 28 of the

complaint are incorporated by reference. 30. Admits the allegations contained in paragraph 30 to the

extent supported by the clause cited, which is the best evidence of its contents; otherwise denies the allegations contained in paragraph 30. 31. The allegations contained in paragraph 31 constitute

conclusions of law to which no response is required; to the extent they are deemed allegations of fact, they are admitted to the extent supported by the clause cited, which is the best evidence of its contents; otherwise they are denied. 32. The allegations contained in paragraph 32 constitute

conclusions of law to which no response is required; to the extent they are deemed allegations of fact, they are admitted to the extent supported by the clause cited, which is the best evidence of its contents; otherwise they are denied.

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33.

Denies the allegations contained in paragraph 33 for

lack of knowledge or information sufficient to form a belief as to their truth. 34. Denies the allegations contained in paragraph 33 for

lack of knowledge or information sufficient to form a belief as to their truth. 35. The allegations contained in paragraph 35 constitute

conclusions of law to which no response is required; to the extent they are deemed allegations of fact, they are denied. 36. Defendant's responses to paragraphs 1 through 35 of the

complaint are incorporated by reference. 37. Admits the allegations contained in the first sentence

of paragraph 37 to the extent supported by the contract cited, which is the best evidence of its contents; otherwise denies the allegations contained in the first sentence of paragraph 37. allegations contained in the second and third sentences of paragraph 37 constitute conclusions of law to which no response is required; to the extent they are deemed allegations of fact, they are denied. 38. The allegations contained in paragraph 38 constitute The

conclusions of law to which no response is required; to the extent they are deemed allegations of fact, they are denied. 39. Denies the allegations contained in the first sentence

of paragraph 39 for lack of knowledge or information sufficient

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to form a belief as to their truth.

The allegations contained in

the second sentence of paragraph 39 constitute conclusions of law to which no response is required; to the extent they are deemed allegations of fact, they are denied. 40. The allegations contained in paragraph 40 constitute

plaintiff's characterization of its case to which no answer is required; to the extent they are deemed allegations of fact, they are denied for lack of knowledge or information sufficient to form a belief as to their truth. 41. The allegations contained in paragraph 41 constitute

conclusions of law to which no answer is required; to the extent they may be deemed allegations of fact, they are denied. 42. Defendant's responses to paragraphs 1 through 41 of the

complaint are incorporated by reference. 43. The allegations contained in paragraph 43 constitute

conclusions of law to which no answer is required; to the extent they are deemed allegations of fact, they are denied. 44. The allegations contained in the first and third

sentences of paragraph 44 constitute conclusions of law, to which no answer is required; to the extent they may be deemed allegations of fact, they are denied for lack of knowledge or information sufficient to form a belief as to their truth. Denies the allegations contained in the second sentence of

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paragraph 44 for lack of knowledge or information sufficient to form a belief as to their truth. 45. The allegations contained in paragraph 45 constitute

conclusions of law, to which no answer is required; to the extent they may be deemed allegations of fact, they are denied. 46. Defendant's responses to paragraphs 1 through 45 of the

complaint are incorporated by reference. 47. Admits the allegations contained in the first sentence

of paragraph 47 to the extent supported by the contract cited, which is the best evidence of its contents; otherwise denies the allegations contained in the first sentence of paragraph 47. Denies the allegations contained in the second sentence of paragraph 47 for lack of knowledge or information sufficient to form a belief as to their truth. Admits the allegations

contained in the third and fourth sentences of paragraph 47 to the extent supported by the price adjustment requests cited, which are the best evidence of their contents; otherwise denies the allegations contained in the third and fourth sentences of paragraph 47. 48. Admits the allegations contained in paragraph 48 to

the extent supported by the cited decisions upon the price adjustment requests, which are the best evidence of their contents; otherwise denies the allegations contained in paragraph 48.

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49.

Admits the allegations contained in paragraph 49 to the

extent supported by the cited decisions or agreements upon the price adjustment requests, which are the best evidence of their contents; otherwise denies the allegations contained in paragraph 49. 50. Denies the allegations contained in paragraph 50 for

lack of knowledge or information sufficient to form a belief as to their truth. 51. The allegations contained in paragraph 51 constitute

conclusions of law, to which no answer is required; to the extent they may be deemed allegations of fact, they are denied. 52. Denies the allegations contained in paragraph 52 for

lack of knowledge or information sufficient to form a belief as to their truth. 53. The allegations contained in paragraph 53 constitute

conclusions of law to which no answer is required; to the extent they may be deemed allegations of fact, they are denied. 54. The allegations contained in paragraph 54 constitute

conclusions of law to which no answer is required; to the extent they may be deemed allegations of fact, they are denied. 55. Defendant's responses to paragraphs 1 through 54 of the

complaint are incorporated by reference. 56. Admits the allegations contained in paragraph 56 to the

extent supported by the cited decisions upon the price adjustment

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requests, which are the best evidence of their contents; otherwise denies the allegations contained in paragraph 56. 57. Admits the allegations contained in paragraph 57 to the

extent supported by the cited decisions or agreements upon the price adjustment requests, which are the best evidence of their contents; otherwise denies the allegations contained in paragraph 57. 58. Denies the allegations contained in paragraph 58 for

lack of knowledge or information sufficient to form a belief as to their truth. 59. Denies the allegations contained in paragraph 59 for

lack of knowledge or information sufficient to form a belief as to their truth. 60. The allegations contained in paragraph 60 constitute

conclusions of law, to which no answer is required; to the extent they may be deemed allegations of fact, they are denied. 61. The allegations contained in paragraph 61 constitute

conclusions of law to which no answer is required; to the extent they may be deemed allegations of fact, they are denied. 62. Defendant's responses to paragraphs 1 through 61 of the

complaint are incorporated by reference. 63. Admits the allegations contained in paragraph 63 to the

extent supported by the cited decisions upon the price adjustment

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requests, which are the best evidence of their contents; otherwise denies the allegations contained in paragraph 63. 64. Admits the allegations contained in paragraph 64 to the

extent supported by the cited decisions or agreements upon the price adjustment requests, which are the best evidence of their contents; otherwise denies the allegations contained in paragraph 64. 65. Denies the allegations contained in paragraph 65 for

lack of knowledge or information sufficient to form a belief as to their truth. 66. Denies the allegations contained in paragraph 66 for

lack of knowledge or information sufficient to form a belief as to their truth. 67. The allegations contained in paragraph 67 constitute

conclusions of law, to which no answer is required; to the extent they may be deemed allegations of fact, they are denied. 68. The allegations contained in paragraph 68 constitute

conclusions of law to which no answer is required; to the extent they may be deemed allegations of fact, they are denied. 69. Defendant's responses to paragraphs 1 through 68 of the

complaint are incorporated by reference. 70. Admits the allegations contained in paragraph 70 to the

extent supported by the cited decisions upon the price adjustment

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requests, which are the best evidence of their contents; otherwise denies the allegations contained in paragraph 63. 71. Admits the allegations contained in paragraph 71 to the

extent supported by the cited decisions or agreements upon the price adjustment requests, which are the best evidence of their contents; otherwise denies the allegations contained in paragraph 71. 72. Denies the allegations contained in paragraph 72 for

lack of knowledge or information sufficient to form a belief as to their truth. 73. Denies the allegations contained in paragraph 73 for

lack of knowledge or information sufficient to form a belief as to their truth. 74. The allegations contained in paragraph 74 constitute

conclusions of law to which no response is required; to the extent they may be deemed allegations of fact, they are denied. 75. Admits the allegations contained in paragraph 75 to the

extent supported by the decision cited, which is the best evidence of its contents; otherwise denies the allegations contained in paragraph 75. 76. The allegations contained in paragraph 76 constitute

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

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77.

The allegations contained in paragraph 77 constitute

conclusions of law to which no response is required; to the extent they may be deemed allegations of fact, they are denied. 78. The allegations contained in paragraph 78 constitute

conclusions of law, to which no answer is required; to the extent they may be deemed allegations of fact, they are denied. 79. The allegations contained in paragraph 79 constitute

conclusions of law to which no answer is required; to the extent they may be deemed allegations of fact, they are denied. 80. The allegations contained in the first sentence of

paragraph 80 constitute conclusions of law to which no response is required; to the extent they may be deemed allegations of fact, they are denied. Denies the allegations contained in the

second sentence of paragraph 80 for lack of knowledge or information sufficient to form a belief as to their truth. 81. The allegations contained in paragraph 81 constitute

conclusions of law to which no response is required; to the extent they may be deemed allegations of fact, they are denied. 82. The allegations contained in paragraph 82 constitute

conclusions of law to which no response is required; to the extent they may be deemed allegations of fact, they are denied. 83. Denies that plaintiff is entitled to the relief set

forth in the prayer for relief immediately following paragraph 82, or to any relief whatsoever.

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84.

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 DAVID M. COHEN Director s/Bryant G. Snee BRYANT G. SNEE Assistant Director s/Richard P. Schroeder RICHARD P. SCHROEDER Trial Attorney Commercial Litigation Branch Civil Division U.S. Department of Justice Attn: Classification Unit Eighth Floor 1100 L Street, N.W. Washington, D.C. 20530 Tele: (202) 305-7788 Attorneys for Defendant January 26, 2007

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CERTIFICATE OF FILING I hereby certify under penalty of perjury that on this 26th day of January 2007, a copy of the foregoing "DEFENDANT'S ANSWER" 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/Richard P. Schroeder