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

Case 1:03-cv-00623-LSM

Document 23

Filed 10/31/2003

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS

S.

FINANCIAL CORP.

Plaintiff,

No. 03- 623C

(Senior Judge Margolis) THE UNITED STATES,

Defendant.

PLAINTIFF' S REPLY TO DEFENDANT' OPPOSITION TO PLAINTIFF' S MOTION FOR SUMMARY JUDGMENT
COMES NOW Plaintiff US. Financial Corporation ("
S. Financial") to reply to the

Government's Opposition to the Plaintiffs Motion for Summary Judgment.

There is no factual dispute in this matter. See Plaintiffs Statement of Undisputed Facts
and Defendant's Response. On March 8 , 1999 , the Government acknowledged U. S. Financial's

assignment of funds and agreed to the assignment of funds between US. Financial Corporation

and The Winn Group and incorporated it into the contract. See Exhibit A to Plaintiffs

Complaint. From March 1999 through June 2002 , the Government made payments in
accordance with the assignment of funds. The Government breached the assignment of funds by
improperly paying The Winn Group $52 686. 53
on July 3 ,

2002 and September 30 , 2002.

Id.

Case 1:03-cv-00623-LSM

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The Government now wishes to avoid its obligations for its admitted breach of the
assignment of funds. The Government mis-cites the cases referenced in its opposition and none

of the cited cases are applicable to this matter. The Government is attempting to claim that it has
no obligations to U. S. Financial Corporation. The Government's position is incorrect and

vitiates the entire assignment agreement.

For the reasons stated above , and in its Motion for Summary Judgment , U. S. Financial

Corporation respectfully requests the Court to issue judgment in the amount of$52 686. 53
interest and attorneys ' fees.
Respectfully submitted
Dated: October 31 , 2003

plus

Paul V. Waters SPRIGGS & HOLLINGSWORTH 1350 I Street , N. Washington , D. C. 20005 (202) 898- 5800 Financial Corporation S. Attorneys for
Isl

Case 1:03-cv-00623-LSM

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Filed 10/31/2003

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CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this the 31st day of October 2003 , a copy of the foregoing Reply 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 and that Parties may access this filing through the Court' s electronic filing system.

Isl

Paul V. Waters