Free Response to Motion - District Court of Federal Claims - federal

Case 1:06-cv-00345-EGB

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Filed 05/16/2008

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS GRACE AND NAEEM UDDIN, INC., Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) )

No. 06-345C (Senior Judge Bruggink)

DEFENDANT'S RESPONSE TO PLAINTIFF'S MOTION FOR LEAVE TO AMEND COMPLAINT On May 8, 2008, plaintiff, Grace and Naeem Uddin, Inc. ("GNU") filed its motion for leave to file an amended complaint pursuant to Rule 15 of the Rules of the United States Court of Federal Claims. Along with its motion, GNU included its proposed amended complaint. GNU's proposed amended complaint does little more than republish the contents of its original complaint, with the exception of including a demand for reimbursement of the amount that it has allegedly paid to its surety, $1,656,061.50, along with any future amounts that it may owe to the surety. Id. ¶¶ 58, 62. This claim, for the amount paid to the surety, was the only claim raised in GNU's certified claim to the contracting officer of November 7, 2007, and the contracting officer denied this claim on April 23, 2008. Exhibit I, Plaintiff's Amended Complaint. We understand GNU's proposed amended complaint to include two issues:

Case 1:06-cv-00345-EGB

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Filed 05/16/2008

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(1) GNU's challenge to the termination for default; and (2) GNU's claim that the United States is required to pay GNU the amount it allegedly owes its surety. Based upon that understanding, the Government does not oppose GNU's motion for leave to amend its complaint. Respectfully submitted, GREGORY G. KATSAS Acting Assistant Attorney General JEANNE E. DAVIDSON Director s/ Franklin E. White, Jr. FRANKLIN E. WHITE, JR. Assistant Director OF COUNSEL MARK G. GARRETT United States Department of Agriculture Attorney-Advisor 14th and Independence Avenue, S.W. Washington, D.C. 20250-1415 s/ Armando A. Rodriguez-Feo ARMANDO A. RODRIGUEZ-FEO Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor, 1100 L Street, N.W. Washington, D.C. 20530 Tel: (202) 307-3390 Fax: (202) 514-8624 Attorneys for Defendant May 16, 2008

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Case 1:06-cv-00345-EGB

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CERTIFICATE OF FILING I hereby certify that on May 16, 2008, a copy of the foregoing "DEFENDANT'S RESPONSE TO PLAINTIFF'S MOTION FOR LEAVE TO AMEND 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/Armando Rodriguez-Feo

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