Free Motion for Summary Judgment - District Court of Federal Claims - federal

Case 1:06-cv-00146-TCW

Document 32

Filed 10/05/2007

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS

) ) Plaintiff, ) ) v. ) ) UNITED STATES, ) ) Defendant. ) _____________________________________ )

TETRA TECH EC, INC.,

Fed. Cl. No. 06-146C (Judge Wheeler)

PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT

Pursuant to Rule 56 of the Rules of the United States Court of Federal Claims, Tetra Tech EC, Inc. ("Tetra Tech") respectfully moves the Court to issue an Order granting Tetra Tech summary judgment with regard to Count VI of Tetra Tech's Amended Complaint and entering judgment for Tetra Tech in the amount of $1,337,512.82, plus interest pursuant to the Contract Disputes Act ("CDA"), 41 U.S.C. § 611. The bases for Tetra Tech's motion are that there are no genuine issues as to any material fact, and Tetra Tech is entitled to judgment as a matter of law. Supporting Tetra Tech's motion is Plaintiff's Memorandum in Support of Motion for Summary Judgment, submitted contemporaneously herewith.

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Case 1:06-cv-00146-TCW

Document 32

Filed 10/05/2007

Page 2 of 2

Respectfully submitted, TETRA TECH EC, INC.

Date: October 5, 2007

By: s/ William W. Thompson, Jr. William W. Thompson, Jr. Robert D. Banfield PECKAR & ABRAMSON, PC 1133 21st Street, N.W., Suite 500 Washington, D.C. 20036 (202) 293-8815 Telephone (202) 293-7794 Facsimile Attorneys for Tetra Tech EC, Inc.

CERTIFICATE OF SERVICE I hereby certify that on this 5th day of October 2007, a copy of the foregoing PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT was filed electronically. I understand that notice of this filing will be sent to all parties of record by operation of the Court's electronic filing system. Parties may access this filing through the Court's system. s/ William W. Thompson, Jr.

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