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Case 1:07-cv-00379-LMB

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Filed 10/12/2007

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS ACC CONSTRUCTION COMPANY, INC., Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) )

No. 07-379C (Judge Baskir)

DEFENDANT'S NOTICE OF INTENT TO PROCEED BY DISPOSITIVE MOTION Pursuant to paragraph 2 of the Court's May 14, 2007 Special Procedures Order (the "SPO"), defendant, the United States, respectfully submits this notice of intent to proceed by dispositive motion in lieu of an answer. Pursuant to paragraph 3 of the SPO, we are not filing our dispositive motion at this time, and this Notice satisfies the defendant's obligation to answer or otherwise respond to the plaintiffs' complaint under the Rules of the Court of Federal Claims. Pursuant to paragraphs 2 and 4 of the SPO, we will briefly identify the factual and legal bases for our anticipated dispositive motion in the forthcoming Joint Preliminary Status Report. Pursuant to paragraphs 3 and 4 of the SPO, we anticipate filing our dispositive motion in accordance with the briefing schedule recommended by the parties in the JPSR, as altered (if necessary) and

Case 1:07-cv-00379-LMB

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finally approved by the Court at the Preliminary Status Conference.

Respectfully submitted, PETER D. KEISLER Assistant Attorney General JEANNE E. DAVIDSON Director /s/ Brian M. Simkin BRIAN M. SIMKIN Assistant Director /s/ L. Misha Preheim L. MISHA PREHEIM Trial Attorney Commercial Litigation Branch Civil Division Department of Justice 1100 L St., N.W. Attn: Classification Unit 8th Floor Washington, D.C. 20530 Tel. (202) 616-0170 Fax. (202) 514-8624 October 12, 2007 Attorneys for Defendant

Case 1:07-cv-00379-LMB

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CERTIFICATE OF FILING

I hereby certify that on October 12, 2007, a copy of the foregoing "DEFENDANT'S NOTICE OF INTENT TO PROCEED BY DISPOSITIVE MOTION" 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/ L. Misha Preheim