Free Answer - District Court of Federal Claims - federal

Case 1:03-cv-01673-SGB

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Filed 10/27/2003

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS PRO-MECH USA, INC., Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) )

No. 03-1673C (Judge Susan Braden)

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

no response is required. 2. Denies the allegations contained in paragraph 2 for lack of knowledge or

information sufficient to form a belief as to their truth. 3. Admits the allegations contained in paragraph 3 that Norbert J. Cebula is the

Contracting Officer for the contract at issue in this case and that the Veterans Administration Boston Healthcare System, Jamaica Plain Campus ("Boston VAMC") is a unit of the Department of Veterans Affairs; denies the remainder of the allegations contained in paragraph 3. 4. Admits the allegations contained in paragraph 4 that the Boston VAMC entered

into the subject contract with plaintiff; denies the remainder of the allegations contained in paragraph 4. 5. 6. Denies. Admits.

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7. 8.

Admits. Admits the allegations contained in the first sentence of paragraph 8 to the extent

supported by the letter cited, which is the best evidence of its contents; otherwise denies the allegations contained in the first sentence of paragraph 8. Denies the allegations contained in the second sentence of paragraph 8. 9. Admits the allegations contained in the first sentence of paragraph 9 to the extent

supported by the letter cited, which is the best evidence of its contents; otherwise denies the allegations contained in the first sentence of paragraph 9. Denies the allegations contained in the second sentence of paragraph 9. 10. Admits the allegations contained in the first sentence of paragraph 10 to the extent

supported by the "claim" cited, which is the best evidence of its contents; otherwise denies the allegations contained in the first sentence of paragraph 10. Denies the allegations contained in the second sentence of paragraph 10 for lack of knowledge or information sufficient to form a belief as to their truth. 11. Denies the allegations contained in the first sentence of paragraph 11. The

allegations contained in the second sentence of paragraph 11 constitute conclusions of law to which no response is required. 12. Defendant's responses to paragraphs 1 through 11 of the complaint are

incorporated by reference. 13. 14. 15. Denies. Denies. Denies that plaintiff is entitled to the relief set forth in the prayer for relief 2

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immediately following paragraph 14, or to any relief whatsoever. 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, PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director

/s Brian M. Simkin BRIAN M. SIMKIN Assistant Director /s Kenneth D. Woodrow KENNETH D. WOODROW Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor, 1100 L St. NW Washington, D.C. 20530 Tel: (202) 307-1011 Fax: (202) 307-1972 October 27, 2003 Attorneys for Defendant

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CERTIFICATE OF SERVICE I hereby certify that on this 27th day of October, 2003, a copy of the foregoing "DEFENDANT'S ANSWER" 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/ Kenneth D. Woodrow