Free Notice (Other) - District Court of Federal Claims - federal

Case 1:05-cv-01188-MBH

Document 28

Filed 07/07/2006

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No. 05-1188 T Judge Horn ______________________________________________________________________________ ______________________________________________________________________________ IN THE UNITED STATES COURT OF FEDERAL CLAIMS

TEXTRON INC., Plaintiff, v. THE UNITED STATES, Defendant. __________________ NOTICE REGARDING THE MOTION OF THE UNITED STATES TO FILE AN AMENDED ANSWER __________________

On July 6, 2006, defendant filed a motion for leave to file an amended answer in the above-captioned case. Defendant attached to the motion its proposed amended answer. The attached amended answer erroneously indicates that plaintiff has given defendant written consent to file the amended answer. In fact, defendant has not received plaintiff's consent in this case,1 and plaintiff has not otherwise indicated whether it will consent to defendant's motion to file an amended answer.

Defendant's mistake in this regard is a clerical one, which is partly due to its having received plaintiff's consent to file an amended answer in a similar case, and then failing to modify its proposed amended answer in this case. Upon receiving notification of its mistake from plaintiff's counsel, defendant immediately drafted this notice to correct the oversight. -1-

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Case 1:05-cv-01188-MBH

Document 28

Filed 07/07/2006

Page 2 of 2

Respectfully submitted, s/Jacob Christensen JACOB E. CHRISTENSEN Attorney of Record U.S. Department of Justice Tax Division Court of Federal Claims Section Post Office Box 26 Ben Franklin Post Office Washington, D.C. 20044 Voice: (202) 307-0878 Fax: (202) 514-9440 Email: [email protected] EILEEN J. O'CONNOR Assistant Attorney General DAVID GUSTAFSON Chief, Court of Federal Claims Section STEVEN I. FRAHM Assistant Chief July 7, 2006 Of Counsel

1799276.1

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