Free Motion to Amend Pleadings - Rule 15 - District Court of Federal Claims - federal

Case 1:03-cv-00623-LSM

Document 41-2

Filed 10/14/2004

Page 1 of 4

IN THE UNITED STATES COURT OF FEDERAL CLAIMS U.S. FINANCIAL CORP., Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) )

No. 03-623C (Senior Judge Margolis)

DEFENDANT'S AMENDED ANSWER For its answer to the complaint, defendant admits, denies, and alleges as follows: 1. Admits the allegations set forth in paragraph 1 to the extent that they are supported by the document cited, which is the best evidence of its contents; otherwise denies. 2. Denies the allegations contained in paragraph 2 for lack of knowledge or information sufficient to form a belief as to their truth. 3. Admits that the Air Force made payments to U.S. Financial from March 1999 through June 2002. The remaining allegations contained in paragraph 3 constitute conclusions of law to which no answer is required; to the extent they may be deemed allegations of fact, they are denied. 4. Admits that the Air Force paid WINN $42,686.53 on or about July 3, 2002. The remaining allegations contained in paragraph 4 constitute conclusions of law to which no answer is required; to the extent they may be deemed allegations of fact, they are denied. 5. Admits that the Air Force paid WINN $10,000 on or about September 30, 2003. The remaining allegations contained in paragraph 5 constitute conclusions of law to which no answer is required; to the extent they may be deemed allegations of fact, they are denied.

Case 1:03-cv-00623-LSM

Document 41-2

Filed 10/14/2004

Page 2 of 4

6. Admits that the Air Force has not paid U.S. Financial the $52,686 it has demanded. The remaining allegations contained in paragraph 6 constitute conclusions of law to which no answer is required; to the extent they may be deemed allegations of fact, they are denied. 7. Admits that U.S. Financial submitted the document attached to its complaint as Exhibit A. Denies that a claim was submitted pursuant to the Contract Disputes Act, 41 U.S.C. §§ 601 et seq. Admits the remaining allegations set forth in paragraph 7 to the extent that they are supported by the document cited, which is the best evidence of its contents; otherwise denies. 8. Admits that the contracting officer has not issued a final decision. The remaining allegations contained in paragraph 8 constitute plaintiff's characterizations of its case or conclusions of law to which no answer is required; to the extent they may be deemed allegations of fact, they are denied. 9. The allegations contained in paragraph 9 constitute plaintiff's conclusions of law and characterizations of its case to which no answer is required; to the extent they may be deemed allegations of fact, they are denied. 10. The allegations contained in paragraph 10 are denied for lack of knowledge or information sufficient to form a belief as to the truth of the matters asserted. 11. Denies that plaintiff is entitled to the relief set forth in the prayer for relief immediately following paragraph 10, or to any relief whatsoever. 12. Denies each and every allegation not previously admitted or otherwise qualified.

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Case 1:03-cv-00623-LSM

Document 41-2

Filed 10/14/2004

Page 3 of 4

WHEREFORE, defendant requests that the Court enter judgment in its favor, order that the complaint be dismissed, and grant defendant such other and further relief as the Court may deem just and proper.

Respectfully submitted, PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director s/ Mark A. Melnick MARK A. MELNICK Assistant Director s/ Leslie Cayer Ohta LESLIE CAYER OHTA Attorney Commercial Litigation Branch Civil Division Department of Justice 1100 L Street, N.W. Attn: Classification Unit 8th Floor Washington, DC 20530 Tel. (202) 307-0252 Fax. (202) 307-0972 October 14, 2004 Attorneys for Defendant

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Case 1:03-cv-00623-LSM

Document 41-2

Filed 10/14/2004

Page 4 of 4

CERTIFICATE OF FILING I hereby certify that on October 14, 2004, a copy of the foregoing "DEFENDANT'S AMENDED ANSWER" was filed electronically. I understand that notice of this 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 system. s/ Leslie Cayer Ohta _______________________