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

Case 1:03-cv-00623-LSM

Document 42

Filed 10/21/2004

Page 1 of 3

IN THE UNITED STATES COURT OF FEDERAL CLAIMS

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

(Senior Judge Margolis)

UNITED STATES
Defendant.

PLAINTIFF' S OPPOSITION TO THE GOVERNMENT' MOTION FOR LEAVE TO FILE AN AMENDED ANSWER
COMES NOW the Plaintiff US. Financial Corporation ("US. Financial") to respectfully
submit its Opposition to the Government' s Motion for Leave to File an Amended Answer and as

grounds, therefore , states as follows.

Paragraph 2 of Plaintiffs Complaint states: " On or about March 8 , 1999 , the Air
Force issued a Modification to the Contract that incorporated an assignment of funds between
WINN , as assignor, and USFC, as assignee , and assigned all funds for future payments under the

Contract to USFc."
A copy of the Modification was attached as Exhibit A- I to the Complaint and is
attached here , for convenience , as Exhibit 1.

The Modification states: " The purpose of this Modification is to change the

assignment of funds for future payments under subject contract. Notice of assignment of
contract proceeds underwent legal review on 5 Mar 99 and was found to be legally sufficient"
The Government seeks leave to amend its Answer to deny that it issued the Modification to the Contract.

Case 1:03-cv-00623-LSM

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Filed 10/21/2004

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The Government's motion is without merit and is factually incorrect.

See Exhibit

For the foregoing reasons , the Plaintiff US. Financial Corporation respectfully requests
the Court to deny the Government's Motion for Leave to File an Amended Answer.
Respectfully submitted
Dated: October 21 , 2004

s/ 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

Document 42

Filed 10/21/2004

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CERTIFICATE OF FILING
I HEREBY CERTIFY that on this the 21 st day of October 2004 , a copy of the foregoing Plaintiffs Opposition to the Government' s Motion for Leave to File an Amended Answer was filed electronically. I understand that notice of this filing will be sent to all parties by operation ofthe Court' s electronic filing system. Parties may access this filing through the Court' electronic filing system.

sf

Paul V. Waters