Free Motion to Dismiss - Rule 41(a) - District Court of Federal Claims - federal

Case 1:02-cv-01768-ECH

Document 30

Filed 03/26/2004

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS

CHIANELLI BUILDING CORPORATION, Plaintiff, v. THE UNITED STATES OF AMERICA, Defendant. Civil Action No. 02-1768C (Judge Emily C. Hewitt)

PLAINTIFF'S MOTION FOR DISMISSAL OF COUNT II OF PLAINTIFF'S COMPLAINT Plaintiff Chianelli Building Corporation ("CBC"), by counsel, moves for dismissal of Count II of its Complaint on the following grounds: 1. CBC's Complaint herein relates to two distinct claim The basis

items as alleged in Counts I and II of the Complaint.

of Count II is a pass-through claim of CBC's subcontractor, Abatement Technical Services ("ATS"). ATS has recently advised

CBC, however, it no longer desires to pursue its pass-through claim. 2. CBC has certain independent claims associated with the

pass-through claim in the form, e.g., of proposal preparation costs and markup. However, in light of ATS's desire as set

forth above, CBC does not seek to pursue those independent claims, and accordingly moves to dismiss Count II in its entirety. 1

Case 1:02-cv-01768-ECH

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3.

Defendant, through counsel, has been advised of this

motion and, through counsel, has advised of agreement to the dismissal of Count II as moved by CBC. WHEREFORE, CBC, by counsel, moves that Count II be dismissed, and order entered herein consistent therewith, including commensurate reduction of CBC's ad damnum. Respectfully submitted, Done this date: CHIANELLI BUILDING CORPORATION /s/ Neil S. Lowenstein By: ____________________________ Vandeventer Black LLP 500 World Trade Center Norfolk, VA 23510 Telephone: 757.446.8600 Facsimile: 757.446.8670 Email: [email protected] Attorney for Plaintiff Of Counsel: William E. Franczek David W. Lannetti Vandeventer Black LLP 500 World Trade Center Norfolk, VA 23510 Telephone: 757.446.8600 Facsimile: 757.446.8670

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Case 1:02-cv-01768-ECH

Document 30

Filed 03/26/2004

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CERTIFICATE OF SERVICE I hereby certify that I served a true copy of the foregoing discovery request upon the United States as follows: Lauren S. Moore, Esquire Commercial Litigation Branch Civil Division United States Department of Justice Washington, D.C. 20530 Attn: Classification Unit 10th Floor, 1100 L Street, N.W. Washington, D.C. 20530 Dated: March 26, 2004 /s/ Neil S. Lowenstein

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