Free Answer - District Court of Federal Claims - federal

Case 1:05-cv-01021-EJD

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Filed 08/21/2006

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS ANTHONY BUSH and DARREL DIETLEIN, Plaintiffs, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) No. 05-1021C ) (Chief Judge Damich) ) ) ) DEFENDANT'S ANSWER For its answer to the complaint, defendant admits, denies, and alleges as follows: 1. Admits the allegations contained in first sentence of paragraph 1. The allegations contained in the second sentence of paragraph 1 constitute conclusions of law, and plaintiffs' characterization of their case, 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 2 constitute conclusions of law and plaintiffs' characterization of their case, 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 first sentence of paragraph 3. Admits the allegations contained in the second and third sentences of paragraph 3 to the extent supported by the form cited, which is the best evidence of its contents; otherwise denies the allegations contained in the second and third sentences of paragraph 3. 4. The allegations contained in paragraph 4 constitute conclusions of law, and plaintiffs' characterization of their case, to which no answer is required; to the extent they may be deemed

Case 1:05-cv-01021-EJD

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allegations of fact, they are admitted to the extent supported by the form cited, which is the best evidence of its contents; otherwise denies the allegations contained in paragraph 4. 5. The allegations contained in paragraph 5 constitute conclusions of law, to which no answer is required; to the extent they may be deemed allegations of fact, they are denied. 6. The allegations contained in paragraph 6 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 allegation contained in the second sentence of paragraph 6 that defendant employs persons in "similar activities" for lack of knowledge or information sufficient to form a belief as to its truth; the remainder of the allegations contained in paragraph 6 constitute conclusions of law and plaintiffs' characterization of their case, to which no answer is required; to the extent they may be deemed allegations of fact, they are denied. 7. The allegations contained in paragraph 7 constitute conclusions of law and plaintiffs' characterization of their case, 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 sentence of paragraph 7 for lack of knowledge or information sufficient to form a belief as to their truth. Denies the allegations contained in the fourth sentence of paragraph 7 for lack of knowledge or information sufficient to form a belief as to their truth. 8. Admits the allegations contained in the first sentence of paragraph 8. Denies the allegations contained in the second sentence of paragraph 8 for lack of knowledge or information sufficient to form a belief as to their truth. 9. The allegations contained in paragraph 9 constitute conclusions of law and plaintiffs' characterization of their case, to which no answer is required; to the extent they may be deemed allegations of fact, they are denied. -2-

Case 1:05-cv-01021-EJD

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10. The allegations contained in paragraph 10 constitute conclusions of law and plaintiffs' characterization of their case, to which no answer is required; to the extent they may be deemed allegations of fact, they are denied. 11. The allegations contained in the first sentence of paragraph 11 constitute conclusions of law and plaintiffs' characterization of their case, to which no answer is required; to the extent they may be deemed allegations of fact, they are denied. The allegations contained in the second sentence of paragraph 11 are denied for lack of knowledge or information sufficient to form a belief as to their truth. The allegations contained in the third sentence of paragraph 11 constitute conclusions of law and plaintiffs' characterization of their case, to which no answer is required; to the extent they may be deemed allegations of fact, they are denied. 12. The allegations contained in paragraph 12 constitute conclusions of law and plaintiffs' characterization of their case, to which no answer is required; to the extent they may be deemed allegations of fact, they are denied. 13. The allegations contained in paragraph 13 constitute conclusions of law and plaintiffs' characterization of their case, to which no answer is required; to the extent they may be deemed allegations of fact, they are denied. 14. The allegations contained in paragraph 14 constitute conclusions of law and plaintiffs' characterization of their case, to which no answer is required; to the extent they may be deemed allegations of fact, they are denied. 15. Denies that plaintiff is entitled to the relief set forth in the prayer 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 -3-

Case 1:05-cv-01021-EJD

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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/ Harold D. Lester Harold D. Lester, Jr. Assistant Director s/ ROBERT CHANDLER Robert E. Chandler Trial Attorney Commercial Litigation Branch Civil Division Department of Justice 1100 L Street, N.W. Attn: Classification Unit 8th Floor Washington, D.C. 20530 Tele: (202) 514-7300

August 21, 2006

Attorneys for Defendant

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Case 1:05-cv-01021-EJD

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CERTIFICATE OF FILING I hereby certify that on this 21st day of August, 2006, a copy of the foregoing "DEFENDANT'S ANSWER" was filed electronically. I understand that notice of this filing will be sent to all parties by operation of the Court's electronic filing system. Parties may access this filing through the Court's system.

s/ Robert E. Chandler

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