Free Answer - District Court of Federal Claims - federal

Case 1:05-cv-00369-LJB

Document 16

Filed 11/30/2005

Page 1 of 4

IN THE UNITED STATES COURT OF FEDERAL CLAIMS VT HALTER MARINE, INC., Plaintiff, v. ) ) ) ) ) ) ) ) ) )

No. 05-369C (Judge Bush)

THE UNITED STATES, Defendant.

DEFENDANT'S ANSWER TO THE SECOND AMENDED AND SUPPLEMENTAL COMPLAINT For its answer to the Second Amended and Supplemental Complaint, defendant admits, denies, and alleges as follows: 21a. Admits the allegations contained in paragraph 21a only to the extent supported by

the final decision, which is the best evidence of its contents; otherwise denies the allegations contained in paragraph 21a. 47a. Admits the allegations contained in paragraph 47a, except the allegation that the

CDRL's were "improperly" terminated by Mod. 10, which is a conclusion of law to which no response is required; to the extent that it may be deemed an allegation of fact, it is denied. 101. The allegations contained in paragraph 101 are conclusions of law to which no

response is required; to the extent that they may be deemed allegations of fact, they are denied. 102. The allegations contained in paragraph 102 are conclusions of law to which no

response is required; to the extent that they may be deemed allegations of fact, they are denied. 103. Admits the allegations contained in paragraph 103 only to the extent supported by

the final decision, which is the best evidence of its contents; otherwise denies the allegations contained in paragraph 103.

Case 1:05-cv-00369-LJB

Document 16

Filed 11/30/2005

Page 2 of 4

104.

The allegations contained in paragraph 104 are conclusions of law to which no

response is required; to the extent that they may be deemed allegations of fact, they are denied. 105. The allegations contained in paragraph 105 are conclusions of law to which no

response is required; to the extent that they may be deemed allegations of fact, they are denied. 106. The allegations contained in paragraph 106 are conclusions of law to which no

response is required; to the extent that they may be deemed allegations of fact, they are denied. Denies each and every allegation not previously admitted or otherwise qualified. Denies that plaintiff is entitled to the relief requested in its prayer for relief contained in paragraphs 107 through 113, or to any relief whatsoever. WHEREFORE, defendant requests that the complaint be dismissed, and that defendant be granted such other and further relief as the Court may deem just and proper. Respectfully submitted, PETER D. KEISLER Assistant Attorney General

s/ David M. Cohen DAVID M. COHEN Director

-2-

Case 1:05-cv-00369-LJB

Document 16

Filed 11/30/2005

Page 3 of 4

OF COUNSEL: CPT PATRICK BUTLER Department of the Army Litigation Division Arlington, VA

s/ Steven J. Gillingham STEVEN J. GILLINGHAM Senior Trial Counsel Commercial Litigation Branch Civil Division Department of Justice 1100 L St. N.W. Attn: Classification Unit 8th Floor Washington, D.C. 20530 Tele: (202) 616-2311 Attorneys for Respondent

November 30, 2005

-3-

Case 1:05-cv-00369-LJB

Document 16

Filed 11/30/2005

Page 4 of 4

CERTIFICATE OF FILING I hereby certify that, on November 30, 2005, a copy of the foregoing 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/ Steven J. Gillingham