Free Answer - District Court of Federal Claims - federal

Case 1:06-cv-00155-MMS

Document 6

Filed 06/21/2006

Page 1 of 4

IN THE UNITED STATES COURT OF FEDERAL CLAIMS S&M MANAGEMENT INCORPORATED, Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) )

No. 06-155C (Judge Hodges)

DEFENDANT'S ANSWER For its answer to the complaint, defendant admits, denies, and alleges as follows: 1. Denies the allegations contained in paragraph 1 for lack of knowledge of

information sufficient to form a belief as to the truth of the matters asserted. 2. The allegations contained in paragraph 2 are plaintiff's characterization of its

complaint to which no response is required. Avers that the United States (here acting through the Department of Veterans Affairs ("DVA")) is the only defendant to actions in this Court. 3. The allegations contained in paragraph 3 are conclusions of law to which no

response is required; to the extent they may be deemed allegations of fact, they are denied. 4. Admits the allegations contained in sentences one and two of paragraph 4 to the

extent supported by the contract cited, which is the best evidence of its contents; otherwise denies the allegations contained in sentences one and two of paragraph 4. 5. Denies the allegations contained in the first, fifth, and sixth sentences of

paragraph 5. Admits the allegations contained in the second sentence of paragraph 5 that the DVA refused to make payment because S&M management had not performed all of its contract obligations; otherwise denies the allegations contained in the second sentence of paragraph 5. Admits the allegations contained in the third and fourth sentences of paragraph 5 to the extent supported by the document cited, which is the best evidence of its contents; otherwise denies the

Case 1:06-cv-00155-MMS

Document 6

Filed 06/21/2006

Page 2 of 4

allegations contained in the third and fourth sentences of paragraph 5. 6. The allegations contained in the first and second sentences of paragraph 6

constitute conclusions of law to which no answer is required; to the extent they may be deemed allegations of fact, they are denied. Admits the allegations contained in the third, fourth, and fifth sentences of paragraph 6 to the extent supported by the document cited, which is the best evidence of its contents; otherwise denies the allegations contained in the third, fourth, and fifth sentences of paragraph 6. 7. The allegations contained in the first sentence of paragraph 7 constitute

conclusions of law to which no answer is required; to the extent they may be deemed allegations of fact, they are denied. Admits the allegations contained in second, third, fourth, fifth, and sixth sentences of paragraph 7 to the extent supported by the documents cited, which is the best evidence of its contents; otherwise denies the allegations contained in the second, third, fourth, fifth, and sixth sentences of paragraph 7. 8. The allegations contained in paragraph 8 are conclusions of law and plaintiff's

characterization of this action to which no response is required; to the extent that they are deemed allegations of fact, they are denied. 9. 10. Denies. Denies that plaintiff is entitled to the relief set forth in the prayer for relief

immediately following paragraph 9, or to any relief whatsoever. 11. Denies each and every allegation not previously admitted or otherwise qualified. Respectfully submitted, PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director

Case 1:06-cv-00155-MMS

Document 6

Filed 06/21/2006

Page 3 of 4

s/ Franklin E. White, Jr. FRANKLIN E. WHITE, JR. Assistant Director s/ Sean B. McNamara SEAN B. McNAMARA Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor 1100 L St., NW Washington, D.C. 20530 Tele: (202) 305-7573 Fax: (202) 514-8624 June 21, 2006 Attorneys for Defendant

Case 1:06-cv-00155-MMS

Document 6

Filed 06/21/2006

Page 4 of 4

CERTIFICATE OF FILING I hereby certify that on this 21st day of June, 2006, 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. The parties may access this filing through the Court's system.

s/ Sean B. McNamara