Free Answer - District Court of Federal Claims - federal

Case 1:05-cv-01185-MCW

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Filed 03/10/2006

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS GARY NOLAN, et. al, Plaintiffs, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) )

No. 05-1185C (Judge Williams)

DEFENDANT'S ANSWER For its answer to the complaint, defendant, admits, denies, and alleges as follows: 1. Admits the allegations in the first sentence of paragraph one. The remaining

allegations contained in paragraph one constitute plaintiff's characterization of the action and conclusions of law to which no answer is required; to the extent they may be deemed allegations of fact, they are denied. 2. The allegations contained in paragraph two constitute conclusions of law to which

no answer is required; to the extent they may be deemed allegations of fact, they are denied. 3. Admits the allegations contained in the first sentence of paragraph three that Gary

Nolan is currently employed as a GS-12 Physical Security Specialist by the Federal Protective Service, Department of Homeland Security. Denies the remaining allegations in the first sentence of paragraph three for lack of knowledge or information sufficient to form a belief as to the truth of the matters asserted. Admits the allegations contained in the second and third sentences of paragraph three to the extent supported by the document cited, which is the best evidence of its contents; otherwise denies the remaining allegations contained in paragraph three. 4. Admits the allegations contained in the first sentence of paragraph four that

additional persons in this action, namely Ricardo Serrano, is a current or former employee of the

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Department of Homeland Security, employed as a Physical Security Specialist. Denies the remaining allegations in the first sentence of paragraph four for lack of knowledge or information sufficient to form a belief as to the truth of the matters asserted. Admits the allegations contained in the second and third sentences of paragraph four to the extent supported by the documents cited, which are the best evidence of its contents; otherwise denies the remaining allegations contained in paragraph four. 5. The allegations contained in paragraph five constitute conclusions of law to

which no answer is required; to the extent they may be deemed allegations of fact, they are denied. 6. 7. Admits. The allegations contained in the first and third sentences of paragraph seven

constitute conclusions of law to which no answer is required; to the extent they may be deemed allegations of fact, they are denied. Denies the allegations contained in the second and fourth sentences of paragraph seven. 8. 9. 10. 11. Admits. Denies. Denies. Denies the allegations contained in the first sentence of paragraph eleven. Admits

the allegations contained in the second sentence of paragraph eleven that defendant possesses the employment and work records for plaintiffs. Denies the remaining allegations contained in the second sentence of paragraph eleven for lack of knowledge or information sufficient to form a belief as to the truth of the matter asserted. The allegations contained in the third sentence of

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paragraph eleven constitute conclusions of law to which no answer is required; to the extent they may be deemed allegations of fact, they are denied. 12. 13. 14. 15. Denies. Denies. Denies. Denies that plaintiff is entitled to the relief set forth in the prayers for relief

immediately following paragraph 14, or to any relief whatsoever. 16. Denies each and every allegation not previously admitted or otherwise qualified.

WHEREFORE, defendant requests that the Court enter judgment in its favor, order that the complaint be dismissed, and grant defendant such other and further relief as the Court may deem just and proper. Respectfully submitted, PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director

s/ Todd M. Hughes TODD M. HUGHES Assistant Director

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s/ Nancy M. Kim NANCY M. KIM Trial Attorney Commercial Litigation Branch Civil Division U.S. Department of Justice Classification Unit, 8th Floor 1100 L Street, N.W. Washington, D.C. 20530 Tel: (202) 353-0546 Fax: (202) 514-8640 March 10, 2006 Attorneys for Defendant