Free Answer - District Court of Federal Claims - federal

Case 1:08-cv-00323-CFL

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS SUMMIT GARDENS ASSOCIATES, LP Plaintiff, v. THE UNITED STATES Defendant. ) ) ) ) ) ) ) )

No. 08-323C (Judge Lettow)

DEFENDANT'S ANSWER For its answer to the complaint, defendant, admits, denies, and alleges as follows: 1. The allegations contained in the first sentence of paragraph 1 constitute plaintiff's

characterization of its case to which no answer is required. Admits the allegations contained in the second sentence of paragraph 1 to the extent supported by the HAP Contract cited, which is the best evidence of its contents; otherwise denies the allegations contained in the second sentence of paragraph 1. The allegations contained in the third sentence of paragraph 1 constitute conclusions of law to which no answer is required; to the extent they may be deemed allegations of fact, they are denied. 2. The allegations contained in paragraph 2 constitute conclusions of law to which

no answer is required; to the extent they may be deemed allegations of fact, they are denied. 3. 4. Admits. Admits the allegation contained in the first sentence of paragraph 4. The

allegation contained in the second sentence of paragraph 4 constitutes a conclusion of law to which no answer is required; to the extent it may be deemed an allegation of fact, it is denied. 5. Admits the allegation contained in the first sentence of paragraph 5. The

allegations contained in the second sentence of paragraph 5 constitute plaintiff's characterization of "Exhibit A" to which no answer is required. The allegations contained in the third sentence of

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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. 6. Admits the allegations contained in paragraph 6 to the extent supported by the

HAP contract cited, which is the best evidence of its contents; otherwise denies the allegations contained in paragraph 6. 7. Admits the allegations contained in paragraph 7 to the extent supported by the

HAP Contract cited, which is the best evidence of its contents; otherwise denies the allegations contained in paragraph 7. 8. Admits the allegations contained in paragraph 8 to the extent supported by the

HAP Contract cited, which is the best evidence of its contents; otherwise denies the allegations contained in paragraph 8. 9. 10. Admits. Admits the allegations contained in paragraph 10 to the extent supported by the

HAP Contract cited, which is the best evidence of its contents; otherwise denies the allegations contained in paragraph 10. 11. The allegation contained in paragraph 11 constitutes a conclusion of law to which

no answer is required; to the extent it may be deemed an allegation of fact, it is denied. 12. Admits the allegation contained in paragraph 12 that Congress enacted

amendments to the United States Housing Act; the remainder of the allegations contained in paragraph 12 constitute conclusions of law to which no answer is required; to the extent they may be deemed allegations of fact, they are denied. 13. Admits.

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14.

Admits the allegations contained in paragraph 14 to the extent supported by HUD

notice cited, which is the best evidence of its contents; otherwise denies the allegations contained in paragraph 14. 15. Admits the allegations contained in paragraph 15 to the extent supported by HUD

notice cited, which is the best evidence of its contents; otherwise denies the allegations contained in paragraph 15. 16. The allegations contained in paragraph 16 constitute conclusions of law to which

no answer is required; to the extent they may be deemed allegations of fact, they are denied. 17. Defendant's responses to paragraphs 1 through 16 of the complaint are

incorporated by reference. 18. Admits the allegations contained in paragraph 18 with the exception that the rent

adjustments for anniversary year 2005 took effect on June 1, 2006 rather than July 1, 2006. 19. The allegations contained in paragraph 19 constitute conclusions of law to which

no answer is required; to the extent they may be deemed allegations of fact, they are denied. 20. 21. Denies. The allegations contained in paragraph 21 constitute conclusions of law and

plaintiff's characterization of its case, to which no answer is required; to the extent they may be deemed allegations of fact, they are denied. 22. The allegations contained in paragraph 22 constitute conclusions of law to which

no answer is required; to the extent they may be deemed allegations of fact, they are denied. 23. 24. Denies. Defendant's responses to paragraphs 1 through 23 of the complaint are

incorporated by reference.

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25.

The allegations contained in paragraph 25 constitute conclusions of law to which

no answer is required; to the extent they may be deemed allegations of fact, they are denied. 26. Defendant's responses to paragraphs 1 through 25 of the complaint are

incorporated by reference. 27. The allegation contained in the first sentence of paragraph 27 constitutes a

conclusion of law to which no answer is required; to the extent it may be deemed an allegation of fact, it is denied. Denies the allegation contained in the second sentence of paragraph 27 that plaintiff is entitled to the relief requested. 28. Defendant's responses to paragraphs 1 through 27 of the complaint are

incorporated by reference. 29. The allegations contained in paragraph 29 constitute conclusions of law to which

no answer is required; to the extent they may be deemed allegations of fact, they are denied. 30. Defendant's responses to paragraphs 1 through 29 of the complaint are

incorporated by reference. 31. The allegations contained in paragraph 31 constitute conclusions of law to which

no answer is required; to the extent they may be deemed allegations of fact, they are denied. 32. Defendant's responses to paragraphs 1 through 31 of the complaint are

incorporated by reference. 33. The allegations contained in paragraph 33 constitute conclusions of law to which

no answer is required; to the extent they may be deemed allegations of fact, they are denied. 34. Defendant's responses to paragraphs 1 through 33 of the complaint are

incorporated by reference. 35. The allegations contained in paragraph 35 constitute conclusions of law to which

no answer is required; to the extent they may be deemed allegations of fact, they are denied. 4

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36.

Defendant's responses to paragraphs 1 through 35 of the complaint are

incorporated by reference. 37. The allegations contained in paragraph 37 constitute conclusions of law to which

no answer is required; to the extent they may be deemed allegations of fact, they are denied. 38. Denies that plaintiff is entitled to the relief set forth in the prayer for relief

immediately following paragraph 37, or to any relief whatsoever. 39. Denies each and every allegation not previously admitted or otherwise qualified.

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, GREGORY G. KATSAS Assistant Attorney General JEANNE E. DAVIDSON Director s/Brian M. Simkin BRIAN M. SIMKIN Assistant Director Of Counsel: AMBER RICHER Office of General Counsel Department of Housing and Urban Development 451 7th St., S.W., Room 10258 Washington, D.C. 20410 Tele: 202-402-3241 Fax: 202-708-3351 s/Armando A. Rodriguez-Feo ARMANDO A. RODRIGUEZ-FEO Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit, 8th Floor 1100 L St., N.W. Washington, D.C. 20530 Tele: 202-307-3390 Fax: 202-514-8624 Attorneys for Defendant o n

August 28, 2008 5

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CERTIFICATE OF FILING I hereby certify that on this 28th day of August, 2008, a copy of the foregoing "DEFENDANT'S 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/ Armando Rodriguez-Feo