Free Answer - District Court of Federal Claims - federal

Case 1:04-cv-01470-LJB

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS HEUBECK SPRINKLER INSPECTION COMPANY, INC. Plaintiff, v. UNITED STATES, Defendant. ) ) ) ) ) ) ) ) ) )

No. 04-1470c (Judge Bush)

DEFENDANT'S ANSWER AND AFFIRMATIVE DEFENSES For its answer to the complaint, defendant, the United States, admits, denies, and alleges as follows: 1. The allegations contained in paragraph 1 constitute

legal conclusions to which no response is required; to the extent they may be deemed allegations of fact, they are denied. 2. The allegations contained in paragraph 2 constitute

legal conclusions to which no response is required; to the extent they may be deemed allegations of fact, they are denied. 3. Denies the allegations contained in paragraph 3 for

lack of knowledge or information sufficient to form a belief as to their truth. 4. 5. Admits. Admits the allegations contained in paragraph 5 to the

extent supported by the document cited, which is the best evidence of its contents; otherwise denies. 6. Admits the allegations contained in paragraph 6 to the

extent supported by the document cited, which is the best evidence of the contents; otherwise denies.

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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. 8. Admits the allegations contained in paragraph 8 to the

extent supported by the document to which it refers, which is the best evidence of the contents; otherwise denies. 9. Denies the allegations contained in the first clause of Admits the allegations

the first sentence of paragraph 9.

contained in the second clause of the first sentence of paragraph 9. Admits the allegations contained in the second clause of

paragraph 9 to the extent supported by the text of the document to which it refers, which is the best evidence of its contents; otherwise denies. 10. Admits the allegations contained in the first sentence

of paragraph 10 only to the extent supported by the contract, which is the best evidence of its contents; otherwise denies. Denies the allegations contained in the second sentence of paragraph 10. Admits the allegations contained in the third

sentence of paragraph 10 only to the extent supported by the text of the document which it refers, which document is the best evidence of its contents, and otherwise denies. Admits that HSIC

submitted a proposal; denies the remainder of the fourth sentence of paragraph 10 as to what Plaintiff "rel[ied] upon" for lack of

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knowledge or information sufficient to form a belief as to their truth. 11. Admits the allegations contained in paragraph 11 only

to the extent supported by the modification of the contract, which is the best evidence of its contents; otherwise denies. 12. Admits that HSIC was assigned three task orders;

otherwise denies allegations contained in paragraph 12. 13. Admits the allegations contained in paragraph 13 to

the extent supported by the text of the document to which it refers, which is the best evidence of its contents; otherwise denies. 14. The allegations contained in paragraph 14 constitute

conclusions of law to which no answer is required; to the extent they are deemed allegations of fact, they are denied for lack of knowledge or information sufficient to form a belief as to their truth. 15. Admits the allegations in paragraph 15 only to the

extent supported by the text of the document to which it refers, which is the best evidence of its contents, and otherwise denies. 16. 17. 18. Admits. Admits. Repeats and realleges the responses to paragraphs 1-17.

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19.

Admits the allegations of paragraph 19 only to the

extent supported by the text of the document to which it refers, which document is the best evidence of its contents. 20. The allegation contained in paragraph 20 is a

conclusion of law to which no answer is required. 21. The allegations contained in the first sentence of

paragraph 21 constitute conclusions of law to which no answer is required; to the extent they are deemed allegations of fact, they are denied. The remainder of paragraph 21 constitutes the

Plaintiff's prayer for relief and does not require a responsive pleading. 22. 21. 23. 24. Denies the allegations contained in paragraph 23. The allegations contained in paragraph 24 constitute Repeats and realleges the responses to paragraphs 1-

conclusions of law to which no answer is required. 25. The allegations contained in paragraph 25 constitute

conclusions of law to which no answer is required. 26. The allegations contained in paragraph 26 constitute

conclusions of law to which no answer is required. 27. Denies that plaintiff is entitled to the relief set

forth in the prayer for relief immediately following paragraph 26, or to any relief whatsoever.

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28.

Denies each and every allegation not previously

admitted or otherwise qualified.

AFFIRMATIVE DEFENSES 29. Plaintiff's claims are barred in whole or in part by

accord and satisfaction. 30. Plaintiff's claims are barred in whole or in part by

the doctrine of estoppel.

WHEREFORE, defendant respectfully requests that the Court enter judgment for defendant, dismiss the complaint, 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/Donald E. Kinner DONALD E. KINNER Assistant Director OF COUNSEL: STEPHEN L. SCHWARTZ Assistant Regional Counsel U.S. General Services Administration 301 Seventh St., S.W. Washington, D.C. 20407 S/Cristina C. Ashworth CRISTINA C. ASHWORTH Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 1100 L Street, N.W., 8th Floor Washington, D.C. 20530

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Tele: Fax: December 15, 2004

(202) 307-0361 (202) 514-7965

Attorneys for Defendant

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CERTIFICATE OF SERVICE I, the undersigned, hereby certify under penalty of perjury that on this 15th day of December, 2004, I caused to be served by United States mail (first class mail, postage prepaid) a copy of "DEFENDANT'S ANSWER AND AFFIRMATIVE DEFENSES" addressed as follows: Michael Moran The Law Office of Curtis C. Coon, LLC 305 W. Chesapeake Avenue Suite 105 Towson, MD 21204

S/Tara Hogan

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