Free Motion for Summary Judgment - District Court of Federal Claims - federal

Case 1:01-cv-00517-MBH

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Filed 12/22/2005

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United States Court of Federal Claims

GHS Health Maintenance Organization, Inc., d/b/a BlueLincs HMO, Texas Health Choice, L.C., and Scott & White Health Plan, Plaintiffs, v. United States, Defendant.

No. 01-517C Judge Marian Blank Horn

BLUELINCS MOTION FOR SUMMARY JUDGMENT Plaintiff GHS Health Maintenance Organization, Inc. d/b/a BlueLincs HMO ("BlueLincs"), by counsel and pursuant to Rule 56, RCFC, submits the following Motion for Summary Judgment on the grounds that there is no genuine issue as to any material fact and that it is entitled to a judgment as a matter of law. BlueLincs also states as follows: 1. The Government has refused to pay sums to BlueLincs in the final year of

performance under the parties' contract based on the provisions of 48 C.F.R. §1652.216-70(b)(6) (the "Final Year Regulation"). 2. The Final Year Regulation is invalid on its face and is in conflict with the

provisions of 5 U.S.C.§8902(i). 3. The Final Year Regulation is invalid and is in conflict with the provisions of 5

U.S.C.§8902(i) as applied to BlueLincs here.

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4.

This Court should reform the parties' contract to delete the reference to the Final

Year Regulation and order the Government to pay to BlueLincs the amounts that are due to BlueLincs. 5. The Government breached the contract between the parties when it failed to give

precedence to the provisions of 5 U.S.C.§8902(i) over the Final Year Regulation as required by the parties' contract. 6. In further support of its Motion for Summary Judgment, BlueLincs respectfully

refers the Court to Plaintiff GHS Health Maintenance Organization, Inc.'s Memorandum of Law in Support of Motion for Summary Judgment that is filed contemporaneously herewith. WHEREFORE, Plaintiff, GHS Health Maintenance Organization, Inc. d/b/a BlueLincs HMO, requests that its Motion for Summary Judgment be granted and that a judgment be entered in its favor in the amount of $369,127.

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Respectfully submitted,

Dated: December 22, 2005 _s/Daniel B. Abrahams________ Daniel B. Abrahams EPSTEIN BECKER & GREEN, P.C. 1227 25th Street, N.W. Suite 700 Washington D.C. 20037 PHONE: (202) 861-0900 FAX: (202) 296-2882 [email protected] Of Counsel: Constance A. Wilkinson Michael D. Maloney EPSTEIN BECKER & GREEN, P.C. 1227 25th Street, N.W. Suite 700 Washington D.C. 20037 PHONE: (202) 861-0900 FAX: (202) 296-2882

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CERTIFICATE OF SERVICE I hereby certify under penalty of perjury that on this 22nd day of December, 2005, I caused to be placed in the United States mail (first class mail, postage prepaid) a copy of BlueLincs Motion for Summary Judgment addressed as follows: Michael S. Nadel McDermott Will & Emery LLP 600 Thirteenth Street, N.W. Washington, D.C. 20005

Jane W. Vanneman, Esq. Senior Trial Counsel Commercial Litigation Branch Department of Justice ATTN: Classification Unit, 8th Floor 1100 L Street, NW Washington, DC 20530

_s/Daniel B. Abrahams________

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