Free Response to Proposed Findings of Uncontroverted Fact - District Court of Federal Claims - federal

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 ¶ 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