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

Case 1:04-cv-00487-LB

Document 15

Filed 11/10/2005

Page 1 of 2

IN THE UNITED STATES COURT OF FEDERAL CLAIMS

TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, a Connecticut corporation Plaintiff, v.

THE UNITED STATES, Defendant.

) ) ) ) ) ) ) ) ) ) ) )

No. 04-487C (Judge Block)

DEFENDANT'S RESPONSE TO PLAINTIFF'S MOTION FOR LEAVE TO AMEND COMPLAINT Plaintiff has filed a motion seeking leave to amend its complaint to change the bases for its "superior knowledge" claim. Although this request for amendment, coming within a few weeks of the end of fact discovery and based upon information provided to plaintiff several months ago, cannot be said to be timely, the Government files no objection to the motion. Respectfully submitted, PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director

s/ James M. Kinsella JAMES M. KINSELLA Deputy Director

Case 1:04-cv-00487-LB

Document 15

Filed 11/10/2005

Page 2 of 2

s/ J. Reid Prouty J. REID PROUTY Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor 1100 L Street, N.W. Washington, D.C. 20005 Tel. (202) 305-7586 Fax (202) 514-7969 Attorneys for Defendant November 10, 2005

2