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

Case 1:03-cv-00623-LSM

Document 46

Filed 12/06/2004

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS

U S. FINANCIAL CORPORATION
Plaintiff
: No. 03- 623C

(Senior Judge Margolis)

UNITED STATES
Defendant.

FINANCIAL' S MOTION TO STRIKE GOVERNMENT' S AFFIDAVIT
S.

COMES NOW the Plaintiff US. Financial Corporation ("

S. Financial"), through

counsel , to respectfully submit this Motion to Strike Paragraph 5 of the Government's Affidavit

in support of the Government's Motion for Continuance , and in support thereof states as follows.
Mr. Phillips ' Second Affidavit states that " At the time that the Assignment was

presented to the Contracting Officer for the Bolling Contract , there was no disclosure to the

Contracting Officer. . . " regarding the arrangements between U. S. Financial , W. I.N.
Dean , Inc. (" Dean
). Phillips Affidavit 2 ,

, or M.

~ 3. Indeed , the Government's Motion for

Continuance states Mr. Phillips admits that neither W. I.N. N. nor U. S. Financial (nor Dean)
disclosed the nature of the underlying escrow agreement to the Contracting Officer. See

Government's Motion , p. 12 citing Mr. Phillips ' Affidavits.
Thus , the conclusory statements in Paragraph 5 of the Government' s Affidavit

that the contract modification incorporating the assignment of funds between W.I.

N. Group

and US. Financial "was based on material misrepresentations made to the C. O. and that the C.

Case 1:03-cv-00623-LSM

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Filed 12/06/2004

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relied on those misrepresentations when he issued the Modification" are completely unsupported
and should be stricken.

WHEREFORE , for the foregoing reasons , the Plaintiff U. S. Financial Corporation
respectfully requests the Court to strike Paragraph 5 of the Government' s Affidavit in support of
the Government' s Motion for Continuance.

Respectfully submitted
Dated: December 6 , 2004

sf Paul V. Waters

Spriggs & Hollingsworth 1350 I Street , N. Washington , D. C. 20005 (202) 898- 5800
Attorneys for
S.

Financial Corporation

Case 1:03-cv-00623-LSM

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Filed 12/06/2004

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CERTIFICATE OF FILING
I HEREBY CERTIFY that on this the 6th day of December 2004 , a copy of the foregoing Plaintiffs Motion to Strike Government' s Affidavit was filed electronically. I understand that notice ofthis 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 electronic filing system.
sf Paul V. Waters