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

Case 1:05-cv-00448-NBF

Document 63

Filed 12/13/2007

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS RAYTHEON COMPANY, Plaintiff, v. UNITED STATES OF AMERICA, Defendant ) ) ) ) ) ) ) ) )

No. 05-448C (Judge Firestone)

DEFENDANT'S RESPONSE TO PLAINTIFF'S MOTION FOR LEAVE TO AMEND COMPLAINT Defendant, the United States, respectfully submits this response to Plaintiff's Motion for Leave to Amend Complaint, filed November 30, 2007. In its motion, plaintiff asks leave to file a First Amended Complaint (which it lodged with the Court as an attachment to its motion). Defendant does not oppose plaintiff's motion. If the Court were to grant plaintiff's motion, unless the Court otherwise orders, defendant would be required to plead in response to plaintiff's First Amended Complaint within ten days after service of the amended pleading. RCFC 15(a). Defendant respectfully requests that, if the Court grants plaintiff leave to file the First Amended Complaint, the Court permit defendant to file its responsive pleading within 21 days after the entry of the Court's order granting such leave. Respectfully submitted, JEFFREY S. BUCHOLTZ Acting Assistant Attorney General

s/ Jeanne E. Davidson JEANNE E. DAVIDSON Director

Case 1:05-cv-00448-NBF

Document 63

Filed 12/13/2007

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OF COUNSEL: LAWRENCE S. RABYNE Defense Contract Management Agency 1523 W. Central Road Arlington Heights, IL 60005-2451 Dated: December 13, 2007 s/ C. Coleman Bird C. COLEMAN BIRD Senior Trial Counsel Commercial Litigation Branch Civil Division Department of Justice 1100 L Street, N.W. Attn: Classification Unit 8th Floor Washington, D.C. 20530 Telephone: 202.307.0453 Facsimile: 202.514.7965 E-Mail: [email protected] Attorneys for Defendant United States

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Case 1:05-cv-00448-NBF

Document 63

Filed 12/13/2007

Page 3 of 3

CERTIFICATE OF FILING I hereby certify that on the 13th day of December, 2007, a copy of the foregoing Defendant's Response to Plaintiff's Motion for Leave to Amend Complaint 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/ C. Coleman Bird