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

Case 1:02-cv-01500-GWM

Document 92

Filed 04/24/2007

Page 1 of 3

IN THE UNITED STATES COURT OF FEDERAL CLAIMS ) ) Plaintiff, ) ) v. ) ) The United States ) ) Defendant. ) __________________________________________) Jacobs Engineering Group, Inc.

Civil Action No.: 02-1500C (Judge George Miller)

PLAINTIFF'S MOTION TO WITHDRAW ITS OPPOSITION TO DEFENDANT'S MOTION FOR COSTS AND PLAINTIFF'S REQUEST FOR SANCTIONS Now comes Plaintiff Jacobs Engineering Group, Inc., by counsel, and, in response to the issues raised in the Court's Order of April 20, 2007 respectfully moves to withdraw its Opposition to Defendant's Motion For Costs And Plaintiff's Request For Sanctions filed on April 12, 2007 (docket entry 88), and in support thereof respectfully states: 1. Plaintiff has agreed, under protest, to pay the costs requested by Defendant,

subject to the express understanding that such payment does not constitute an admission of liability on the Plaintiff's part. Plaintiff has appealed the Court's judgment and does not want its acquiescence in paying those costs to be construed against Plaintiff during the Appeal. 2. While the methodology for paying those costs remains to be worked out between

counsel, the basis for the motions filed relating to costs has been mooted and there are, accordingly, no more issues before the Court to be determined. WHEREFORE, Plaintiff respectfully moves to withdraw its Opposition to Defendant's Motion For Costs And Plaintiff's Request For Sanctions filed on April 12, 2007 (docket entry 88).

Case 1:02-cv-01500-GWM

Document 92

Filed 04/24/2007

Page 2 of 3

April 24, 2007

Respectfully submitted, /s Robert J. Symon ROBERT J. SYMON Bradley Arant Rose & White LLP 1133 Connecticut Avenue NW 12th Floor Washington, D.C. 20036 (202) 393-7150 Counsel of Record for Plaintiff JACOBS ENGINEERING GROUP, INC.

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Case 1:02-cv-01500-GWM

Document 92

Filed 04/24/2007

Page 3 of 3

CERTIFICATE OF SERVICE I hereby certify that on this 24th day of April 2007, a true and correct copy of the foregoing Plaintiff's Motion to Withdraw Its Opposition to Defendant's Motion for Costs and Plaintiff's Request for Sanctions was served by electronic delivery to: James W. Poirier, Esq. U.S. Department of Justice 1100 L St., NW, Eighth Floor Washington, DC 20005 E-mail: [email protected] Counsel for the United States

/s Robert J. Symon ROBERT J. SYMON Bradley Arant Rose & White LLP 1133 Connecticut Avenue, NW, 12th Floor Washington, D.C. 20036 (202) 393-7150 Counsel of Record for Plaintiff JACOBS ENGINEERING GROUP, INC.

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