Free Answer to Amended Complaint - District Court of Federal Claims - federal

Case 1:05-cv-01006-VJW

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS FOREST GLEN PROPERTIES, LLC, et al., Plaintiffs, v. UNITED STATES, Defendant. ) ) ) ) ) ) ) ) ) )

No. 05-1006C (Judge Wolski)

DEFENDANT'S ANSWER TO AMENDED COMPLAINT For its answer to the amended complaint, defendant, the United States, admits, denies, and alleges as follows: The allegations contained in the first unnumbered paragraph constitute conclusions of law and plaintiffs' characterization of their case, to which no answer is required; to the extent that they may be deemed allegations of fact, they are denied. The allegations contained in the second unnumbered paragraph constitute plaintiffs' characterization of their case, to which no answer is required; to the extent that they may be deemed allegations of fact, they are denied. FIRST CLAIM 1. Admits the allegations contained in paragraph 1 of the first claim to the extent

supported by the document cited, which is the best evidence of its contents; otherwise denies the allegations contained in paragraph 1 of the first claim. 2. The allegations contained in paragraph 2 of the first claim constitute conclusions

of law and plaintiffs' characterization of their case, to which no answer is required; to the extent that they may be deemed allegations of fact, they are denied.

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3.

The allegations contained in paragraph 3 of the first claim constitute conclusions

of law to which no answer is required; to the extent that they may be deemed allegations of fact, they are denied. SECOND CLAIM 1. Admits the allegations contained in paragraph 1 of the second claim to the extent

supported by the letter cited, which is the best evidence of its contents; otherwise denies the allegations contained in paragraph 1 of the second claim. 2. The allegations contained in the paragraph 2 of the second claim constitute

conclusions of law and plaintiffs' characterization of their case, to which no answer is required; to the extent that they may be deemed allegations of fact, they are denied. 3. The allegations contained in paragraph 3 of the second claim constitute

conclusions of law to which no answer is required; to the extent that they may be deemed allegations of fact, they are denied. THIRD CLAIM1 1. Denies the allegations contained in paragraph 1 of the third claim for lack of

knowledge or information sufficient to form a belief as to their truth. 2. The allegations contained in paragraph 2 of the third claim constitute conclusions

of law to which no answer is required; to the extent that they may be deemed allegations of fact, they are denied.

Forest Glen Properties, LLC voluntarily withdrew its third claim on January 17, 2007. The Government understands this claim to have been inadvertently included in plaintiffs' amended complaint but, in an abundance of caution, has responded to the allegations contained in that claim. 2

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3.

The allegations contained in paragraph 3 of the third claim constitute conclusions

of law to which no answer is required; to the extent that they may be deemed allegations of fact, they are denied. With respect to each of the claims asserted in the complaint, denies each and every allegation not previously admitted or otherwise qualified. AFFIRMATIVE DEFENSES 1. Defendant asserts that plaintiffs fail through one or more of their counts to state a

claim or claims upon which relief can be granted. 2. Defendant asserts that plaintiffs' claims are barred by the doctrines of waiver,

estoppel, and/or acquiescence. 3. limitations. 4. Defendant asserts that plaintiffs' claims are barred by the prior material breach of Defendant asserts that the receiver plaintiffs' are barred by the statute of

the contracts at issue. 5. Defendant asserts that plaintiffs' claims are barred because they have failed to

satisfy conditions to payment under the contracts at issue, namely the submission, in accordance with applicable regulations, of information to defendant entitling plaintiffs to payment. 6. Defendant asserts that the claims of Forest Glen Properties, LLC are barred

because of the lack of a valid assignment.

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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, GREGORY G. KATSAS Assistant Attorney General JEANNE E. DAVIDSON Director s/ Brian M. Simkin by s/ Deborah A. Bynum BRIAN M. SIMKIN Assistant Director OF COUNSEL: AMBER J. RICHER Trial Attorney Office of Litigation LORRAINE C. SHOTO Attorney-Advisor - Enforcement GREGORY G. GUSTIN Associate Regional Counsel Department of Housing and Urban Development s/Andrew P. Averbach ANDREW P. AVERBACH Trial Attorney Commercial Litigation Branch Civil Division Department of Justice 1100 L. Street, N.W. Attn: Classification Unit 8th Floor Washington, D.C. 20530 Telephone: (202) 353-0527 Fax: (202) 305-7643

July 11, 2008

Attorneys for Defendant

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CERTIFICATE OF FILING AND SERVICE I hereby certify that on this 11th day of July, 2008, a copy of the foregoing "DEFENDANT'S ANSWER TO AMENDED COMPLAINT" 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/Andrew P. Averbach