Free Motion to Amend/Correct - District Court of Federal Claims - federal

Case 1:05-cv-00490-TCW

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS SSA MARINE, INC., Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) )

No. 05-490C (Chief Judge Damich)

DEFENDANT'S UNOPPOSED MOTION FOR LEAVE TO AMEND AUDIT REPORT Defendant respectfully requests the Court to grant leave to amend the audit report issued by the Defense Contract Audit Agency ("DCAA") in this case. The audit report was completed and

distributed to plaintiff's counsel on the date it was due, April 14, 2006. On April 20, 2006, Government counsel noticed an

error in the audit report, where one column of numbers was repeated in two places in a table on page 19 of the report, when the second column should have included different numbers (the arithmetic difference between the numbers in two other columns in that table). Government counsel reported this apparent error to

DCAA and asked it to issue a revised report, if it concluded that Government counsel was correct and that the table contained an error. In response to Government counsel's request, DCAA issued a revised report on May 2, 2006. the appendix to this motion. The revised report is included in

Also included in the appendix is an

electronic mail message that describes the changes made in the

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report.1 The changes in the report are all minor and do not alter the substance of the report. Furthermore, discovery does not close

until August 11, 2006, and allowing this motion will not affect the other deadlines in this case or prejudice plaintiff. For the foregoing reasons, defendant respectfully requests that the Court grant this unopposed motion for leave to amend the audit report. Respectfully submitted, PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director /s Bryant G. Snee BRYANT G. SNEE Assistant Director /s Thomas D. Dinackus THOMAS D. DINACKUS Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor 1100 L Street, N.W. Washington, DC 20530 Tele: (202) 307-6289 Fax: (202) 514-7969 Attorneys for Defendant

Item 4 in DCAA's electronic mail message addresses the error that Government counsel perceived on April 20, 2006. -2-

1

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OF COUNSEL: JOHN B. ALUMBAUGH PETER E. YOUNG U.S. Agency for International Development May 9, 2006

-3-

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NOTICE OF FILING I hereby certify that on May 9, 2006, a copy of the foregoing "DEFENDANT'S UNOPPOSED MOTION FOR LEAVE TO AMEND AUDIT REPORT" 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. through the Court's system. Parties may access this filing

/s Thomas D. Dinackus