Case 1:05-cv-00580-TCW
Document 9
Filed 09/14/2005
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IN THE UNITED STATES COURT OF FEDERAL CLAIMS
______________________________________ CITY CRESCENT LIMITED PARTNERSHIP, ) ) Plaintiff, ) ) v. ) ) THE UNITED STATES OF AMERICA, ) ) Defendant. ) ______________________________________)
Case No. 05-580 (Chief Judge Damich)
ANSWER TO DEFENDANT'S COUNTERCLAIM COMES NOW Plaintiff, City Crescent Limited Partnership ("CCLP"), by counsel, and hereby files its Answer to Defendant's Counterclaim, as follows: 1. Paragraph 1 of Defendant's Counterclaim contains no allegations to
which a response is required. 2. With respect to the allegations contained in Paragraph 2 of
Defendant's Counterclaim, CCLP states that the Lease is a legal document that speaks for itself, and to the extent that the allegations contained in Paragraph 2 are inconsistent with the Lease, they are denied. 3. CCLP denies the allegations contained in Paragraph 3 of
Defendant's Counterclaim. 4. CCLP denies the allegations contained in Paragraph 4 of
Defendant's Counterclaim. 5. CCLP denies the allegations contained in Paragraph 5 of
Defendant's Counterclaim.
Case 1:05-cv-00580-TCW
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Filed 09/14/2005
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AFFIRMATIVE DEFENSES 1. Defendant's Counterclaim fails to state a claim upon which relief
can be granted. 2. Defendant's Counterclaim is barred by the doctrines of waiver
and/or estoppel. 3. 4. Defendant's Counterclaim is barred by the doctrine of release. Defendant's Counterclaim is barred because it failed to satisfy all of
the requirements and conditions set forth in the Lease. 5. Defendant's Counterclaim is barred because its alleged damages
are the result of its own actions, inactions and/or breaches. 6. Defendant's Counterclaim is barred because CCLP performed its
duties and obligations set forth in the Lease. 7. its damages. 8. Defendant's Counterclaim is barred because it has not sustained Defendant's Counterclaim is barred to the extent it failed to mitigate
any compensable damages or losses. 9. Defendant's Counterclaim is barred as a result of the establishment
of a course of dealing between the parties. 10. Defendant's Counterclaim is barred by its failure to satisfy any
conditions precedent necessary to exercise any alleged rights and remedies under the Lease.
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Case 1:05-cv-00580-TCW
Document 9
Filed 09/14/2005
Page 3 of 3
11.
CCLP reserves the right to rely upon such other defenses as may become
available in law, in equity, or pursuant to statute and hereby reserves the right to amend its Answer to Defendant's Counterclaim to assert same. Dated: September _, 2005. Respectfully submitted, City Crescent Limited Partnership
_________________________ Robert G. Watt, Esquire Watt, Tieder, Hoffar & Fitzgerald, LLP 8405 Greensboro Drive, Suite 100 McLean, Virginia 22102 (703) 749-1000 (phone) (703) 893-8029 (fax) Counsel for Plaintiff, City Crescent Limited Partnership
Of Counsel: C. Kelly Skrabak, Esquire Watt, Tieder, Hoffar & Fitzgerald, LLP 8405 Greensboro Drive, Suite 100 McLean, Virginia 22102 (703) 749-1000 (phone) (703) 893-8029 (fax)
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