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

Case 1:06-cv-00312-TCW

Document 18-2

Filed 11/19/2007

Page 1 of 2

IN THE UNITED STATES COURT OF FEDERAL CLAIMS MULTISERVICE JOINT VENTURE, LLC, ) ) Plaintiff, ) ) v. ) ) THE UNITED STATES, ) ) Defendant. )

No. 06-312C (Judge Wheeler)

DECLARATION OF BRIAN T. EDMUNDS Pursuant to Rule 56(f) of the Rules of the United States Court of Federal Claims, Brian T. Edmunds, declares and states, 1. I am an attorney with the Department of Justice. I am counsel of record for the United States in this case. 2. I have been informed by personnel employed by the Department of the Navy that the plaintiff, Multiservice Joint Venture, LLC ("Multiservice"), may not have paid the fringe benefit increases that it claims to have paid in its complaint, because of a surplus that existed from prior payments by the predecessor contractor obviating the need for payment. While the United States has served interrogatories relating to this issue, additional discovery, including depositions of third-parties and plaintiff's employees, is needed before the United States can determine definitively whether it will defend against Multiservice's claim for an equitable adjustment upon this basis. 3. Although the Government intends to establish that the terms of the contract are clear and that Multiservice is not entitled to the equitable adjustment it claims for wage increases, we may demonstrate, in the alternative, that if the Court finds the contract ambiguous, resort to extrinsic evidence demonstrates that the parties contemplated the increases that Multiservice

Case 1:06-cv-00312-TCW

Document 18-2

Filed 11/19/2007

Page 2 of 2

claims and included them in the contract price, making an equitable adjustment improper. Additional discovery from Multiservice is necessary before the United States can determine whether it will defend upon this basis. I declare under penalty of perjury that the foregoing is true and correct. Executed this 19th Day of November, 2007.

s/ Brian T. Edmunds BRIAN T. EDMUNDS

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