Free Answer - District Court of Federal Claims - federal

Case 1:06-cv-00312-TCW

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Filed 07/24/2006

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS MULTISERVICE JOINT VENTURE LLC, ) ) Plaintiff, ) No. 06-312C ) (Judge Wheeler) v. ) ) THE UNITED STATES, ) ) Defendant. ) ) DEFENDANT'S ANSWER For its answer to the complaint, defendant admits, denies, and alleges as follows: 1. The allegations contained in paragraph 1 constitute conclusions of law and

plaintiff's characterizations of its case, to which no response is required; to the extent they may be deemed allegations of fact, they are denied. 2. The allegations contained in paragraph 2 constitute conclusions of law and

plaintiff's characterizations of its case, to which no response is required; to the extent they may be deemed allegations of fact, they are denied. 3. Denies the allegations contained in paragraph 3 for lack of knowledge or

information sufficient to form a belief as to their truth. 4. 5. 6. Admits. Admits. Admits the allegations contained in paragraph 6 to the extent supported by the

document cited, which is the best evidence of its contents; otherwise denies the allegations contained in paragraph 6.

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7.

The allegations contained in paragraph 7 constitute conclusions of law, to which

no response is required; to the extent they may be deemed allegations of fact, defendant denies the allegations contained in paragraph 7 for lack of knowledge or information sufficient to form a belief as to their truth. 8. Admits the allegations contained in paragraph 8 to the extent supported by the

document cited, which is the best evidence of its contents; otherwise denies the allegations contained in paragraph 8. 9. Admits the allegation contained in paragraph 9 that, on February 24, 2004, MJV

submitted a $326,629.47 price adjustment proposal in connection with increases in labor and health care costs and that the Navy made partial payment of this amount in response to MJV's proposal; denies the remainder of the allegations contained in paragraph 9. 10. Admits the allegation contained in paragraph 10 that the Navy has not paid MJV

$60,310.98 in increased costs that MJV alleges; denies the remainder of the allegations contained in paragraph 10. 11. The allegations contained in paragraph 11 constitute conclusions of law, to which

no response is required; to the extent they may be deemed allegations of fact, defendant denies the allegations contained in paragraph 11 for lack of knowledge or information sufficient to form a belief as to their truth. 12. Admits the allegations contained in paragraph 12 to the extent supported by the

documents cited, which are the best evidence of their contents; otherwise denies the allegations contained in paragraph 12. 13. Denies. 2

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14.

The allegations contained in the first sentence of paragraph 14 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 remainder of the allegations contained in paragraph 14. 15. Admits the allegation contained in paragraph 15 that the Navy has refused to

reimburse MJV for the health care coverage referenced; otherwise denies the allegations contained in paragraph 15. 16. Admits the allegations contained in paragraph 16 to the extent supported by the

document cited, which is the best evidence of its contents; otherwise denies the allegations contained in paragraph 16. 17. 18. Denies. Admits the allegations contained in the first three sentences of paragraph 18;

denies the remainder of the allegations contained in paragraph 18. 19. The allegations contained in the first sentence of paragraph 19 constitute

conclusions of law, to which no response is required; to the extent they may be deemed allegations of fact, they are denied; admits the allegation contained in the second sentence of paragraph 19 that the Navy furnished storage space to MJV; denies the remainder of the allegations contained in paragraph 19. 20. 21. Denies. Admits the allegations contained in the first sentence of paragraph 21; denies the

remainder of the allegations contained in paragraph 21. 22. Denies. 3

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23.

The allegations contained in paragraph 23 constitute conclusions of law, to which

no response is required; to the extent they may be deemed allegations of fact, defendant denies the allegations contained in paragraph 23. 24. The allegations contained in paragraph 24 constitute conclusions of law, to which

no response is required; to the extent they may be deemed allegations of fact, defendant denies the allegations contained in 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, defendant denies the allegations contained in paragraph 25. 26. The allegations contained in paragraph 26 constitute conclusions of law, to which

no response is required; to the extent they may be deemed allegations of fact, defendant denies the allegations contained in paragraph 26. 27. Denies that plaintiff is entitled to the relief requested in the "Wherefore"

paragraph that follows paragraph 26 of the complaint or 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 plaintiff's complaint be dismissed, and grant defendant such other and further relief as the Court may deem just and proper.

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Respectfully submitted,

PETER D. KEISLER Assistant Attorney General

DAVID M. COHEN Director s/ Kathryn A. Bleecker KATHRYN A. BLEECKER Assistant Director s/ Andrew P. Averbach ANDREW P. AVERBACH Attorney Commercial Litigation Branch Civil Division Department of Justice 1100 L Street, N.W. Attn: Classification Unit, 8th Floor Washington, DC 20530 Tel. (202) 353-0527 Fax. (202) 305-2118 July 24, 2006 Attorneys for Defendant

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