Free Answer - District Court of Federal Claims - federal

Case 1:08-cv-00005-MCW

Document 9

Filed 03/24/2008

Page 1 of 6

IN THE UNITED STATES COURT OF FEDERAL CLAIMS VITAL RECORDS CONTROL, OF FLORIDA, LLC, Plaintiff, v. THE UNITED STATES Defendant. ) ) ) ) ) ) ) ) ) )

No. 08-5C (Judge Williams)

DEFENDANT'S ANSWER For its answer to the complaint, defendant admits, denies, and alleges as follows: 1. Denies the allegations contained in paragraph 1 for lack of knowledge or

information sufficient to form a belief as to their truth. 2. 3. Admits. The allegations contained in paragraph 3 constitute conclusions of law and

plaintiff's characterization of its case to which no answer is required; to the extent that they may be deemed allegations of fact, they are denied. Avers that document entitled "Service/Lease Agreement For Record Storage/Imaging Services" referenced in the second sentence of paragraph 3 is attached to the complaint as Exhibit 2, not Exhibit 1. 4. Admits the allegations contained in the first, second, and third sentences of

paragraph 4 to the extent supported by the referenced documents, which are the best evidence of their contents; otherwise denies the allegations contained in the first, second, and third sentences of paragraph 4. The August 9, 2007 contracting officer's final decision referenced in the fourth sentence of paragraph 4 is attached to the complaint as Exhibit 1, not Exhibit 2. The allegations contained in the last sentence of paragraph 4 constitute conclusions of law and plaintiff's

Case 1:08-cv-00005-MCW

Document 9

Filed 03/24/2008

Page 2 of 6

characterization of its case to which no answer is required; to the extent that they may be deemed allegations of fact, they are denied. 5. Denies. Avers that, to the extent that plaintiff alleges that the document attached

to the complaint as Exhibit 2 is the "Agreement," and assuming, for argument's sake, that constitutes a contract with the United States, the document attached as Exhibit 2 would be the best evidence of its contents. 6. 7. 8. Denies. Denies. Denies that plaintiff possessed any long term obligations to defendant under the

alleged "Agreement," and further denies the remaining allegations contained in the first sentence of paragraph 8 for lack of knowledge or information sufficient to form a belief as to their truth. Denies the allegations contained in the second sentence of paragraph 8. 9. Denies that plaintiff possessed any obligations to defendant under the alleged

"Agreement." Avers that plaintiff provided defendant with storage space and courier service for defendant's hospital and medical records from on or about July 1, 2006 through on or about August 24, 2006, and that plaintiff was fully compensated for these services. 10. Denies that plaintiff possessed any obligations to defendant under the terms of the

alleged "Agreement." Avers that on or about August 25, 2006, Felicia Young, Program Support Assistant, orally informed plaintiff that defendant would no longer engage plaintiff's services. 11. Denies that plaintiff possessed any obligations under the alleged "Agreement" and

denies the remaining allegations in paragraph 11 for that reason.

2

Case 1:08-cv-00005-MCW

Document 9

Filed 03/24/2008

Page 3 of 6

12.

The allegations contained in paragraph 12 constitute conclusions of law and

plaintiff's characterization of its case to which no answer is required; to the extent that they may be deemed allegations of fact, they are denied. COUNT I - BREACH OF CONTRACT 13. Defendant's responses to paragraphs 1 through 12 of the complaint are

incorporated by reference. 14. 15. 16. Denies. Denies. The allegations contained in paragraph 16 constitute conclusions of law and

plaintiff's characterization of its case to which no answer is required; to the extent that they may be deemed allegations of fact, they are denied. 17. Denies. Further, defendant denies that plaintiff is entitled to the relief set forth in

the unnumbered paragraph immediately following paragraph 17, or to any relief whatsoever. COUNT II - RATIFICATION 18. Defendant's responses to paragraphs 1 through 12 of the complaint are

incorporated by reference. 19. 20. Denies. Denies that plaintiff possessed any obligations to defendant under the alleged

"Agreement." Avers that plaintiff provided defendant with storage space and courier services for defendant's hospital and medical records beginning on or about July 1, 2006 through on or about August 24, 2006, and that plaintiff was fully compensated for these services. 21. Denies that plaintiff possessed any obligations to defendant under the alleged 3

Case 1:08-cv-00005-MCW

Document 9

Filed 03/24/2008

Page 4 of 6

"Agreement." Avers that plaintiff provided defendant with storage space and courier services for defendant's hospital and medical records beginning on or about July 1, 2006 through on or about August 24, 2006, and that plaintiff was fully compensated for these services. 22. 23. Denies. The allegations contained in paragraph 23 constitute conclusions of law and

plaintiff's characterization of its case to which no answer is required; to the extent that they may be deemed allegations of fact, they are denied. 24. Denies. Further, defendant denies that plaintiff is entitled to the relief set forth in

the unnumbered paragraph immediately following paragraph 24, or to any relief whatsoever. 25. Denies each and every allegation not previously admitted or otherwise qualified. FIRST AFFIRMATIVE DEFENSE As an affirmative defense, defendant states that individual who signed the document entitled "Service/Lease Agreement For Record Storage/Imaging Services," attached as Exhibit 2 to the complaint, lacked actual authority to bind the United States. SECOND AFFIRMATIVE DEFENSE As an affirmative defense, defendant states that individual who signed the document entitled "Service/Lease Agreement For Record Storage/Imaging Services," attached as Exhibit 2 to the complaint, lacked implied authority to bind the United States. THIRD AFFIRMATIVE DEFENSE As an affirmative defense, defendant states that no one with authority ratified any agreement allegedly memorialized in a document entitled "Service/Lease Agreement For Record Storage/Imaging Services," attached as Exhibit 2 to the complaint. 4

Case 1:08-cv-00005-MCW

Document 9

Filed 03/24/2008

Page 5 of 6

FOURTH AFFIRMATIVE DEFENSE As an affirmative defense, defendant states that there was no institutional ratification of any agreement allegedly memorialized in a document entitled "Service/Lease Agreement For Record Storage/Imaging Services," attached as Exhibit 2 to the complaint. WHEREFORE, defendant, the United States, respectfully requests that the Court dismiss this action and grant defendant such other and further relief as may be just and proper. Respectfully submitted, JEFFREY S. BUCHOLTZ Acting Assistant Attorney General JEANNE E. DAVIDSON Director s/Patricia M. McCarthy PATRICIA M. McCARTHY Assistant Director s/ Dawn E. Goodman DAWN E. GOODMAN Trial Attorney Commercial Litigation Branch Civil Division U.S. Department of Justice Attn: Classification Unit, 8th Floor 1100 L Street, N.W. Washington, DC 20530 Tel: (202) 616-1067 Fax: (202) 514-8624 March 24, 2008 Attorneys for Defendant

5

Case 1:08-cv-00005-MCW

Document 9

Filed 03/24/2008

Page 6 of 6

CERTIFICATE OF FILING I hereby certify that on this 24th day of March, 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/ Dawn E. Goodman DAWN E. GOODMAN