Free Answer - District Court of Federal Claims - federal

Case 1:05-cv-00215-RHH

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS PHYLWAY CONSTRUCTION, LLC, Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) ) )

No. 05-215C (Judge Hodges)

DEFENDANT'S ANSWER For its answer to the complaint, defendant admits, denies, and alleges as follows: 1. Denies the allegations contained in paragraph 1 for lack of knowledge or information

sufficient to form a belief as to the truth of the matters asserted regarding plaintiff's incorporation. 2. 3. Admits. Admits the allegations contained in paragraph 3 to the extent supported by the contract,

which is the best evidence of its contents; otherwise denies the allegations contained in paragraph 3. 4. Admits the allegations contained in paragraph 4 to the extent supported by the contract,

which is the best evidence of its contents; otherwise denies the allegations contained in paragraph 4. 5. Denies the allegations contained in the first two sentences of paragraph 5 for lack of

knowledge or information sufficient to form a belief as to the truth of the matters asserted regarding plaintiff's reliance on the contract documents; admits the allegations contained in the last sentence of paragraph 5 to the extent supported by the contract, which is the best evidence of

Case 1:05-cv-00215-RHH

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its contents; otherwise denies the allegations contained in paragraph 5. 6. Admits the allegations contained in paragraph 6 only to the extent supported by the

contract, which is the best evidence of its contents; otherwise denies the allegations contained in paragraph 6. 7. Admits the allegations contained in paragraph 7 only to the extent supported by the

contract, which is the best evidence of its contents; otherwise denies the allegations contained in paragraph 7. 8. Admits the allegations contained in the first sentence of paragraph 8 only to the extent

supported by the contract, which is the best evidence of its contents; otherwise denies the allegations contained in the first sentence of paragraph 8. Denies the allegations contained in the second sentence of paragraph 8, as defendant is without knowledge of Plaintiff's reliance on the stated documents. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. Denies. Denies. Denies. Denies. Denies. Denies. Denies. Denies. Denies. Admits only that a certified claim dated July 27, 2004 was submitted to the Corps of -2-

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Engineers by Plaintiff. All remaining allegations in paragraph 18 are denied. 19. 20. Admits. Defendant reasserts, adopts and incorporates herein all responses contained in Paragraphs

1 - 19 above. 21. 22. 23. Denies. Denies. Defendant reasserts, adopts and incorporates herein all responses contained in Paragraphs

1 - 19 above. 24. 25. 26. Denies. Denies. Defendant reasserts, adopts and incorporates herein all responses contained in Paragraphs

1 - 19 above. 27. 28. 29. Denies. Denies. Defendant reasserts, adopts and incorporates herein all responses contained in Paragraphs

1 - 19 above. 30. 31. 32. 33. Denies. Denies. Denies. Denies that plaintiff is entitled to the relief set forth in the prayer for relief immediately

following paragraph 32, or for any relief whatsoever. 34. Denies each and every allegation not previously admitted or otherwise qualified. -3-

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35.

Denies that plaintiffs are entitled to the relief requested in their prayer for relief 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 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 April 12, 2005

WILLIAM G. MINERS Attorney Advisor U.S. Army Corps of Engineers New Orleans, Louisiana 70160-0267

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CERTIFICATE OF FILING I hereby certify that on April 12, 2005, a copy of the foregoing "DEFENDANT'S ANSWER," 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