Free Response to Motion - District Court of Federal Claims - federal

Case 1:07-cv-00811-JPW

Document 9

Filed 01/18/2008

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS METROTOP PLAZA ASSOCIATES, Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) )

No. 07-811C (Senior Judge Wiese)

DEFENDANT'S RESPONSE TO PLAINTIFF'S MOTION FOR LEAVE TO SERVE AND FILE SUPPLEMENTAL COMPLAINT Defendant, the United States, respectfully submits this Response to Plaintiff's Motion for Leave to Serve and File Supplemental Complaint. Although we regard plaintiff's motion as unnecessary because it was free to amend its complaint pursuant to Rule 15(a) of the Rules of the United States Court of Federal Claims ("RCFC") without leave of the Court where the United States has not filed a responsive pleading, without waiving any defenses to the proposed supplemental complaint, we do not oppose plaintiff's motion for leave to supplement its complaint pursuant to RCFC 15(d). The Government respectfully requests 45 days from the date on which the Court rules upon plaintiff's Motion for Leave to Serve and File Supplemental Complaint to file an answer to the supplemental complaint, should the motion be granted. Respectfully submitted, JEFFREY S. BUCHOLTZ Acting Assistant Attorney General JEANNE E. DAVIDSON Director

Case 1:07-cv-00811-JPW

Document 9

Filed 01/18/2008

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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 January 18, 2008 Attorneys for Defendant

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Case 1:07-cv-00811-JPW

Document 9

Filed 01/18/2008

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CERTIFICATE OF FILING I hereby certify that on this 18th day of January, 2008, a copy of the foregoing "DEFENDANT'S RESPONSE TO PLAINTIFF'S MOTION FOR LEAVE TO SERVE AND FILE SUPPLEMENTAL COMPLAINT" 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