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

Case 1:98-cv-00554-VJW

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS TERRY C. BRUNNER Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) )

98-554C (Judge Wolski)

DEFENDANT'S FIRST AMENDED ANSWER For its answer to the complaint, defendant admits, denies, and alleges as follows: 1. The allegations contained in paragraph 1 are

conclusions of law and plaintiff's characterization of this action to which no response is require; to the extent that they may be deemed allegations of fact, they are denied. 2. The allegations contained in paragraph 2 are denied for

lack of knowledge or information sufficient to form a belief as to the truth of the matters asserted. 3. The allegations contained in paragraph 3 are

conclusions of law to which no response is required; to the extent that they may be deemed allegations of fact, they are denied. 4. The allegations contained in paragraph 4 are

conclusions of law to which no response is required; to the extent that they may be deemed allegations of fact, they are denied.

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5.

The allegations contained in paragraph 5 are

conclusions of law to which no response is required; to the extent that they may be deemed allegations of fact, they are denied. 6. The allegations contained in paragraph 6 are

conclusions of law to which no response is required; to the extent that they may be deemed allegations of fact, they are denied; by way of further answer, defendant respectfully refers the Court to the cited statute. 7. Admits the allegations contained in paragraph 7 to the

extent supported by the document cited, which is the best evidence of its contents; otherwise, denies the allegations contained in paragraph 7. 8. 9. Denies. Admits the allegations in the first sentence of

paragraph 9 to the extent that plaintiff provided assistance and information to the Drug Enforcement administration ("DEA") which resulted in six individuals pleading guilty and one individual being found guilty at trial, and to the extent that plaintiff testified against one individual before a grand jury; otherwise, denies the allegations contained in the first sentence of paragraph 9 for lack of knowledge or information sufficient to form a belief as to the truth of the matters asserted. Admits

the allegations in the second sentence of paragraph 9 to the

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extent that plaintiff resided in Montana while providing information to the DEA; otherwise, denies the remainder of the allegations contained in the second sentence of paragraph 9. 10. 11. Denies. Admits the allegations contained in the first sentence

of paragraph 11 to the extent that the DEA made certain payments to plaintiff; otherwise, denies the allegations contained in the first sentence of paragraph 11. Admits the allegations contained

in the second and third sentences of paragraph 11 to the extent supported by the documents cited, which are the best evidence of their contents; otherwise, denies the allegations contained in the second and third sentences of paragraph 11. 12. 13. Denies. Admits the allegations contained in the first sentence

of paragraph 13 to the extent supported by the document cited, which is the best evidence of its contents, and to the extent that the DEA exercised its discretion not to pay plaintiff additional funds after plaintiff failed to testify at trial; otherwise, denies the allegations contained in the first sentence of paragraph 13. Denies the allegations contained in the second

sentence of paragraph 13. 14. Denies.

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15.

Denies the allegations contained in paragraph 15 for

lack of knowledge or information sufficient to form a belief as to the truth of the matters asserted. 16. Admits the allegations in paragraph 16 to the extent

that the DEA informed plaintiff by letter dated July 21, 1995, that no recording exists of any conversations which may have occurred between plaintiff and DEA agents on August 3, 1992; otherwise, denies the allegations contained in paragraph 16. 17. Admits the allegations contained in paragraph 17 to the

extent that plaintiff filed a motion in United States District Court seeking release of grand jury testimony and to the extent supported by the document cited, which is the best evidence of its contents; otherwise, denies the allegations contained in paragraph 17. COUNT I BREACH OF CONTRACT FOR COMPENSATION 18. Defendant incorporates by reference its responses to

paragraphs 1 through 17 of the plaintiff's complaint. 19. The allegations contained in paragraph 19 are

conclusions of law to which no response is required; to the extent that they may be deemed allegations of fact, they are denied. 20. Denies.

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21.

The allegations contained in paragraph 21 are

conclusions of law to which no response is required; to the extent that they may be deemed allegations of fact, they are denied. 22. The allegations contained in paragraph 22 are

conclusions of law to which no response is required; to the extent that they may be deemed allegations of fact, they are denied. 23. The allegations contained in paragraph 23 are

conclusions of law to which no response is required; to the extent that they may be deemed allegations of fact, they are denied. 24. Denies each and every allegation not previously

admitted or qualified. 25. Denies that the plaintiff is entitled to the relief

requested in his prayer for relief or to any relief whatsoever. AFFIRMATIVE DEFENSES 26. The Government asserts the affirmative defense of prior

material breach, in that Mr. Brunner failed to comply with the terms of any alleged contract with the Government. 27. The Government asserts the affirmative defense of

payment, in that Mr. Brunner has received no less than $13,000 pursuant to the alleged contract with the Government.

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WHEREFORE, defendant requests that the complaint be dismissed and defendant be granted such other and further relief as the Court may deem just and proper.

Respectfully submitted, PETER D. KEISLER Assistant Attorney General /s/ David M. Cohen DAVID M. COHEN Director OF COUNSEL: RICHARD A. MEDEMA Drug Enforcement Administration Office of the Chief Counsel 700 Army-Navy Drive Arlington, VA 22202 /s/ Steven M. Mager STEVEN M. MAGER Attorney Commercial Litigation Branch Civil Division U.S. Department of Justice Attn: Classification Unit 8th Floor 1100 L St., N.W. Washington, D.C. 20530 Tel: (202) 616-2377 Attorneys for Defendant

November 15, 2006

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CERTIFICATE OF FILING I hereby certify that on this 15th day of November, 2006, a copy of the foregoing "DEFENDANT'S FIRST 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. the Court's system. /s/ Steven M. Mager Steven M. Mager Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Parties may access this filing through