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

Case 1:05-cv-01209-LMB

Document 53

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THE UNITED STATES COURT OF FEDERAL CLAIMS JENNINGS TRANSMISSION SERVICE OF GOLDSBORO, INC., PLAINTIFF, v. THE UNITED STATES, DEFENDANT, and JASPER ENGINES & TRANSMISSIONS, THIRD-PARTY DEFENDANT, and READY BUILT DISTRIBUTORS, INC. THIRD-PARTY DEFENDANT. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

CASE NO. 1:05CV1209C LMB

JUDGE LAWRENCE M. BASKIR

READY-BUILT'S RESPONSE TO JENNINGS TRANSMISSION SERVICES'S MOTION TO COMPEL COMES NOW third-Party Defendant Ready-Built Distributors, Inc. ("Ready-Built"), and in response to Plaintiff Jennings Transmission Service's MOTION TO COMPEL READY BUILT'S RESPONSES AND FOR SANCTIONS, submits the following: 1. Through the pleadings and discovery in this matter, Jennings has tacitly if not

directly admitted that accused devices do not include cable conversion kits. 2. Nevertheless, the discovery referenced in Jennings' Motion to Compel seeks

records and data relating to cable conversion kits. 3. To that end, the discovery is over broad, vague, unreasonable, harassing,

annoying, unduly burdensome or which seeks information beyond the scope of discovery allowed by the RCFC.

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Jennings Transmission Service of Goldsboro, Inc. v. The United States of America United States Court of Federal Claims Case No.: 05-1209C

4.

Notwithstanding the objectionable nature of the discovery, Ready Built has

submitted its objections and responses to Plaintiff concurrently herewith. 5. Plaintiff's Motion to Compel is, therefore, moot. Respectfully submitted,

/s/ James S. Ward James S. Ward WARD & WILSON, LLC 2100 Southbridge Parkway, Suite 580 Birmingham, Alabama 35209 (205) 871-5404 Attorney for Ready-Built Distributors, Inc.

CERTIFICATE OF SERVICE I hereby certify that a true and accurate copy of the foregoing was served on the following by Electronic Mail on the 4th day of June, 2007.

Larry L. Coats Coats & Bennett PLLC 1400 Crescent Green, Suite 300 Cary, North Carolina 27511 [email protected] Ken B. Barrett U.S. Department of Justice Civil Division - Commercial Litigation Br. 1100 L Street, NW, 8th Floor Washington, DC 20530 [email protected]

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Case 1:05-cv-01209-LMB

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Jennings Transmission Service of Goldsboro, Inc. v. The United States of America United States Court of Federal Claims Case No.: 05-1209C

James M. Hinshaw Bingham McHale LLP 2700 Market Tower 10 W. Market Street Indianapolis, Indiana 46204-4900 [email protected]

/s/ James S. Ward OF COUNSEL

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