Free Response to Motion - District Court of Federal Claims - federal

Case 1:05-cv-00458-MCW

Document 8

Filed 10/27/2005

Page 1 of 3

IN THE UNITED STATES COURT OF FEDERAL CLAIMS OK'S CASCADE COMPANY, Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) )

No. 05-458C (Judge Williams)

NOTICE OF NONOPPOSITION TO DEFENDANT'S MOTION TO DISMISS COMES NOW the Plaintiff, OK'S Cascade Company, by and through its undersigned counsel, and states that Plaintiff does not oppose entry of an order on Defendant's Motion to Dismiss dated July 22, 2005, dismissing Plaintiff's Complaint, without prejudice, so that Plaintiff can represent its claim to the Contracting Officer, with the proper certification (if necessary) for a Contracting Officer's final decision. Despite its nonopposition to Defendant's Motion to Dismiss, Plaintiff, OK'S Cascade Company, nevertheless wishes to advise the Court that it does not agree with Defendant's "Statement of the Case", found at pages 1-6 of "Defendant's Motion to Dismiss," and that the facts found therein should therefore not be deemed binding on Plaintiff in a subsequent proceeding, if any. DATED: October 27, 2005. s/John Lukjanowicz JOHN LUKJANOWICZ Attorney Oles Morrison Rinker & Baker, LLP 701 Pike Street, Suite 1700 Seattle, WA 98101-3939 Telephone: (206) 623-3427 NOTICE OF NONOPPOSITION TO DEFENDANT'S MOTION TO DISMISS- 1

Case 1:05-cv-00458-MCW

Document 8

Filed 10/27/2005

Page 2 of 3

Facsimile: (206) 682-6234 Attorneys for Plaintiff

NOTICE OF NONOPPOSITION TO DEFENDANT'S MOTION TO DISMISS- 2

Case 1:05-cv-00458-MCW

Document 8

Filed 10/27/2005

Page 3 of 3

NOTICE OF FILING I hereby certify that on October 27, 2005, a copy of the foregoing NOTICE OF NONOPPOSITION TO DEFENDANT'S MOTION TO DISMISS 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/John Lukjanowicz

NOTICE OF NONOPPOSITION TO DEFENDANT'S MOTION TO DISMISS- 3