Case 1:05-cv-00595-EJD
Document 27
Filed 01/17/2007
Page 1 of 3
UNITED STATES COURT OF FEDERAL CLAIMS ) ) ) Plaintiff, ) v. ) ) The United States of America ) ) Defenda nt. ) __________________________________________) Northrop Grumman Information Technology, Inc.,
No. 05-595C Hon. Loren A. Smith, Senior Judge
PLAINTIFF'S RESPONSE TO DEFENDANT'S PROPOSED FINDINGS OF UNCONTROVERTED FACT 1. 2. 3. 4. 5. Agrees. Agrees. Agrees. Agrees. Agrees with first sentence that Logicon provided the "letter of essent ial need," but
do not agree it was provided by Mr. Del Bando, and there is testimony Mr. Bernstein prepared it. App. 198. Agrees with second sentence. Agrees with third sentence. Disagrees with the fourth sentence as it relates to Logicon; specifically, there is no evidence that Mr. Johnson ever spoke to Mr. Del Bando, and Mr. Johnson's declaration (see ΒΆ 7) does not assert that he did. Mr. Johnson also never spoke to Logicon about the subject. 6. 7. Agrees. Agrees with first sentence. Disagrees with the second sentence, as the lease is
dated later than the letter of essential need and cross references to it. 8. 9. Agrees. Agrees.
1
Case 1:05-cv-00595-EJD
Document 27
Filed 01/17/2007
Page 2 of 3
10.
Agrees with first and second sentence. Disagrees with third sentence, as Mr.
Johnson's declaration is inconsistent with his deposition where he never said Mr. O'Brien made promises. App. 65-67. 11. 12. 13. 14. Agrees. Agrees. Agrees. Disagrees. See Geltner declaration and exhibits thereto. Logicon, Inc. ultimately
changed its name to Northrop Grumman Information Technology, Inc. 15. breach. 16. 17. Agrees. Agrees. Agrees, but notes that failing to make payments was not the only allegation of
Dated: January 17, 2007
Respectfully submitted, /s/ Michael E. Geltner, Esq. Michael E. Geltner, Esq. Geltner & Associates, P.C. 10 E Street, S.E. Washington, D.C. 20003 T: (202) 547-1136 F: (202) 547-1138 Attorney for Plaintiff
2
Case 1:05-cv-00595-EJD
Document 27
Filed 01/17/2007
Page 3 of 3
CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the Plaintiff's Response to Defendant's Proposed Findings of Uncontroverted Fact was sent this 17th day of January, 2007 by electronic filing transmission to: J. Reid Prouty, Esq. Commercial Litigation Branch Civil Division U.S. Department of Justice Attention: Classification Unit, 8th Floor 1100 L Street, NW Washington, DC 20530
/s/ Michael E. Geltner, Esq.
3