Free Motion to Amend Pleadings - Rule 15 - District Court of Federal Claims - federal

Case 1:05-cv-01075-TCW

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS (Electronically Filed: August 15, 2006) ********************************************* * SEVENSON ENVIRONMENTAL SERVICES, * INC., * * Plaintiff, * * v. * * * THE UNITED STATES and * SHAW ENVIRONMENTAL, INC. * * Defendant * * *********************************************

No.: 05-1075C JUDGE THOMAS C. WHEELER

MOTION TO SUBSTITUTE PROPOSED ANSWER Shaw Environmental, Inc. ("Shaw") hereby submits its proposed Amended Answer pursuant to Rule 15(a) of the Rules of the Court of Federal Claims, and states as follows: 1. On August 1, 2006, Shaw filed its Motion to Intervene in the above-referenced

matter. (Docket No. 26). Attached to the motion was Shaw's proposed original. 2. Shaw seeks to substitute its proposed Amended Answer, which is attached to this

motion, in place of its original proposed Answer, which was attached to its Motion to Intervene. 3. Rule 15(a) of the Rules of the Court of Federal Claims provides that a party

may amend its pleading once as a matter of course at any time before a responsive pleading is served or, if the pleading is one to which no responsive pleading is permitted and the action has not been placed upon the trial calendar, the party may so amend it at any time within twenty days after it is served.

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4. is permitted.

Shaw's proposed original Answer is not a pleading to which a responsive pleading The above-captioned action has not been placed upon the trial calendar.

Accordingly, Shaw may amend its proposed original Answer, "as a matter of course," within twenty days of August 1, 2006. Shaw's proposed Amended Answer, attached, is being served on all parties and submitted to the Court within that deadline. 5. Accordingly, Shaw hereby amends its proposed original Answer and replaces it

with its proposed Amended Answer, and requests that the Court instruct the Clerk to file the Amended Answer as Shaw's initial pleading in this case. WHEREFORE, Shaw prays that this Court recognize that Shaw has replaced its proposed original Answer with its proposed Amended Answer, and that the Court instruct the Clerk to file the proposed Amended Answer as Shaw's initial pleading in this case upon granting Shaw's Motion to Intervene. Respectfully submitted,

___s/ Russel O. Primeaux____________ Russel O. Primeaux Kean Miller Hawthorne D' Armond McCowan & Jarman LLP One American Place, 22nd Floor Post Office Box 3513 Baton Rouge, LA 70821-3513 Phone: 225.387.0999 Facsimile: 225.388.9133 Counsel for Shaw Environmental, Inc.

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Of Counsel: J. Eric Lockridge Anthony G. Boone Kean Miller Hawthorne D' Armond McCowan & Jarman LLP One American Place, 22nd Floor Post Office Box 3513 Baton Rouge, LA 70821-3513 Phone: 225.387.0999 Facsimile: 225.388.9133

CERTIFICATE OF SERVICE I hereby certify that a true copy of the foregoing "MOTION TO SUBSTITUTE PROPOSED ANSWER" was filed by using the Court's CM/ECF system so that a copy was sent to the following persons automatically via email on this day, August 15,006: Kenneth L. Cage Brian E. Ferguson MCDERMOTT, WILL & EMERY 600 13TH Street, N.W. Washington, D.C. 20005 Kevin A. Szanyi Nelson Perel WEBSTER SZANYI LLP 1400 Liberty Building Buffalo, New York 14202 Peter D Keisler John J. Fargo Marcy E. Cook Civil Division U.S. Department of Justice Washington, D.C. 20530 _s/ J. Eric Lockridge______________

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