Free Answer - District Court of Federal Claims - federal

Case 1:06-cv-00436-MCW

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Filed 08/11/2006

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS ULYSSES, INC., Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) )

No. 06-436C (Judge Williams)

DEFENDANT'S ANSWER TO PLAINTIFF'S FIRST AMENDED COMPLAINT For its answer to the plaintiff's first amended complaint, defendant, the United States, admits, denies and alleges as follows: Background 1. Admits the allegations contained paragraph 1 to the extent supported by the document cited, which is the best evidence of its contents; otherwise denies the allegations contained in Paragraph 1. 2. Admits the allegations contained in paragraph 2 to the extent supported by the document cited, which is the best evidence of its contents; otherwise denies the allegations contained in Paragraph 2. 3. Admits. 4. Admits the allegations contained in paragraph 4 to the extent supported by the document cited, which is the best evidence of its contents; otherwise denies the allegations contained in paragraph 4. 5. Denies the allegations contained in paragraph 5 for lack of information or knowledge sufficient to form a belief as to their truth.

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6. Denies the allegations contained in paragraph 6 for lack of information or knowledge sufficient to form a belief as to their truth. 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 the allegations contained in Paragraph 7. 8. Admits the allegations contained in the first sentence of paragraph 8. Denies the allegations contained in the second sentence of paragraph 8 for lack of knowledge or information sufficient to form a belief as to their truth. 9. Admits the allegations contained in paragraph 9 to the extent supported by the document cited, which is the best evidence of its contents; otherwise denies the allegations contained in Paragraph 9. 10. Admits the allegations contained in paragraph 10 to the extent supported by the document cited, which is the best evidence of its contents; otherwise denies the allegations contained in paragraph 10. 11. Denies. 12. Admits the allegations contained in paragraph 12 to the extent supported by the referenced letter, which is the best evidence of its contents; otherwise denies the allegations contained in Paragraph 12. 13. Denies the allegations contained in the first sentence of paragraph 13. Denies the allegations contained in the second sentence of paragraph 13 for lack of knowledge or information sufficient to form a belief as to the truth of the matter asserted. 14. Denies. 2

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15. Denies the allegations contained in the first sentence of paragraph 15. Avers that Mr. Kennedy at the Defense Supply Center Columbus never received the letter. Admits the allegations contained in the second sentence of paragraph 15 to the extent supported by the document cited, which is the best evidence of its contents; otherwise denies the allegations contained in the second sentence of Paragraph 15. 16. Admits the allegations contained in paragraph 16 to the extent supported by the document cited, which is the best evidence of its contents; otherwise denies the allegations contained in the first sentence of paragraph 16. 17. Admits the allegations contained in paragraph 17 to the extent supported by the document cited, which is the best evidence of its contents; otherwise denies the allegations contained in paragraph 17. 18. Admits the allegations contained in paragraph 18 to the extent supported by the document cited, which is the best evidence of its contents; otherwise denies the allegations contained in Paragraph 18. 19. Denies. 20. Admits the allegations contained in paragraph 20 to the extent supported by the document cited, which is the best evidence of its contents; otherwise denies the allegations contained in paragraph 20. 21. Admits. 22. Admits the allegations contained in paragraph 22 to the extent supported by the document cited, which is the best evidence of its contents; otherwise denies the allegations contained in paragraph 22. 3

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23. Admits. 24. Admits the allegations contained in Paragraph 24 to the extent supported by the document cited, which is the best evidence of its contents; otherwise denies the allegations contained in paragraph 24. 25. Admits the allegations contained in paragraph 25 to the extent supported by the document cited, which is the best evidence of its contents; otherwise denies the allegations contained in paragraph 25. 26. Admits the allegations contained in paragraph 26 to the extent supported by the document cited, which is the best evidence of its contents; otherwise denies the allegations contained in Paragraph 26. 27. Denies the allegation contained in paragraph 27 that "Mr. Kennedy was no longer employed with Defense Supply Center Colombus." Admits the remainder of the allegations contained in paragraph 27 to the extent supported by the document cited, which is the best evidence of its contents; otherwise denies the remaining allegations contained in paragraph 27. 28. Admits the allegations contained in paragraph 28 to the extent supported by the document cited, which is the best evidence of its contents; otherwise denies the allegations contained in the paragraph 28. 29. The allegations contained in paragraph 29 constitute plaintiff's characterization of its own case, to which no response is required; to the extent they may be deemed allegations of fact, they are denied. 30. Denies the allegations contained in paragraph 30 for lack of knowledge or information sufficient to form a belief as to the truth of the matters asserted. 4

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31. Admits the allegations contained in paragraph 31 to the extent supported by the document cited, which is the best evidence of its contents; otherwise denies the allegations contained in paragraph 31. 32. Denies. 33. Denies. 34. Denies that the plaintiff is entitled to the relief set forth in paragraph 34 or to any relief whatsoever. 35. Denies that the plaintiff is entitled to the relief requested in paragraph 35 or to any relief whatsoever. 36. 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 first amended complaint be dismissed, 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/ Deborah A. Bynum DEBORAH A. BYNUM Assistant Director

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s/ James D. Colt JAMES D. COLT Trial Attorney Department of Justice Civil Division Commercial Litigation Branch 1100 L Street, NW Attn: Classification Unit, 8th Floor Washington, D.C. 20530 Tel: (202) 305-7562 Fax: (202) 305-7643 August 11, 2006 Attorneys for Defendant

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CERTIFICATE OF SERVICE I hereby certify that on this 11th day of August, 2006, a copy of the foregoing DEFENDANT'S ANSWER TO PLAINTIFF'S FIRST AMENDED COMPLAINT was filed electronically. I understand that notice of this filing will be sent to all parties of record by operation of the Court's electronic filing system. Parties may access this filing through the Court's system.

s/ James D. Colt