Free Motion to Amend Pleadings - Rule 15 - District Court of Federal Claims - federal

Case 1:06-cv-00312-TCW

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UNITED STATES COURT OF FEDERAL CLAIMS ______________________________________ ) MULTISERVICE JOINT VENTURE, LLC, ) ) Plaintiff, ) ) No. 06-312C -against) (Judge Wheeler) ) UNITED STATES OF AMERICA, ) ) Defendant. ) ______________________________________) PLAINTIFF'S UNOPPOSED MOTION TO WITHDRAW ITS MARCH 1 - AUGUST 31, 2005 CLAIM WITHOUT PREJUDICE Plaintiff Multiservice Joint Venture, LLC ("MJV"), through its undersigned counsel, respectfully submits its Unopposed Motion to Withdraw its March 1 - August 31, 2005 Claim without Prejudice pursuant to RCFC 15(a). As discussed below, the plaintiff seeks to avoid

protracted ancillary litigation over whether it has exhausted its administrative remedies with respect to this claim. 1. On April 24, 2006, the plaintiff commenced the

above-captioned proceeding seeking redress for breach of contract under the Contract Disputes Act of 1978 ("CDA"), 41 U.S.C. §§ 601 et seq., against the defendant, United States of America. In summary,

the plaintiff alleged that the United States Department of Navy failed to reimburse MJV for increased costs associated with maintaining health insurance coverage for its employees pursuant to the Service Contract Act ("SCA"), 41 U.S.C. § 353(c), and the May 24, 2000 CBA-based Wage Determination ("WD") in 2003-04; refused to reimburse MJV for increased wage and benefits costs pursuant to the SCA and the February 9, 2004 WD in 2004-05; failed to reimburse MJV for increased wage and benefit costs pursuant to the SCA and the 2004 WD for the period from March 1 to August 31, 2005; refused to allow MJV to re-perform

Case 1:06-cv-00312-TCW

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work the Navy had deemed insufficient; failed to reimburse MJV for the increased labor expenses associated with working on Bancroft Hall in August 2003 on a schedule unilaterally truncated and expedited by the Navy; and refused to reimburse MJV for the cost of supplies the Navy discarded following Hurricane Isabel in September 2003. 2. A potential dispute has arisen whether MJV's December 7,

2004 and/or December 27, 2007 Certified Claims have satisfied its obligation to exhaust its administrative remedies prior to commencing suit on its claim concerning wages and benefits from March 1 to August 31, 2005. 3. In order to avoid satellite litigation over this putative

dispute, the plaintiff moves to amend its complaint by petitioning to withdraw this claim without prejudice pursuant to Rule 15(a). See Complaint, ¶ 10. 4. The defendant has consented to the plaintiff's motion to

withdraw this claim without prejudice.

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Accordingly,

for

the

foregoing

reasons,

the

plaintiff

respectfully requests this Honorable Court to grant its motion to withdraw its above-described March 1 - August 31 Claim without prejudice. Respectfully submitted,

s/Janice Davis____ _ Janice Davis Davis & Steele 1100 - 15th Street, N.W. Suite 300 Washington, DC 20005-1720 Telephone: 202-530-5828 Email: [email protected] Counsel to the Plaintiff Dated: January 29, 2008

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CERTIFICATE OF SERVICE I hereby certify that, on the 29th of January 2008, a copy of the plaintiff's Unopposed Motion to Withdraw its March 1 - August 31, 2005 Claim without Prejudice was served, via electronic mail, on: Brian T. Edmunds, Esq. Trial Attorney Commercial Litigation Branch Civil Division -- Classification Unit United States Department of Justice 1100 L Street, N.W., 8th Floor Washington, DC 20530 Counsel for the Defendant

s/Janice Davis________________ Janice Davis

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