Free Response to Proposed Findings of Uncontroverted Fact - District Court of Federal Claims - federal

Case 1:03-cv-00623-LSM

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS U.S. FINANCIAL CORP. Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) )

No. 03-623C (Senior Judge Margolis)

DEFENDANT'S RESPONSE TO PLAINTIFF'S PROPOSED FINDINGS OF UNCONTROVERTED FACT Pursuant to Rule 56(h)(2) of the Rules of the United States Court of Federal Claims ("RCFC"), defendant, the United States, respectfully submits this response to plaintiff's proposed findings of uncontroverted fact. DEFENDANT'S RESPONSES 1. On or about September 29, 1997, the United States Air Force entered into a contract with The WINN Group, Inc. ("WINN") to Replace Electrical Distribution System and Main Substation, Building 18, at Bolling Air Force Base, Contract No. F49642-97-C-0030 (hereinafter the "Contract"). See Defendant's Answer, Paragraph 1; and Defendant's Third Party Complaint, Paragraph 3.

Response: Agrees. 2. On or about February 17, 1999, WINN assigned all proceeds from the Contract to U.S. Financial Corporation. See Defendant's Third Party Complaint, Paragraph 4.

Response: Agrees.

Case 1:03-cv-00623-LSM

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3.

On or about March 8, 1999, the Air Force issued Modification PO0001 to the Contract, which incorporated the assignment of funds between WINN, as assignor, and U.S. Financial, as assignee, and assigned all funds for future payments under the Contract to U.S. Financial. See Defendant's Answer, Paragraph 2; and Defendant's Third Party Complaint, Paragraph 5.

Response: Agrees. 4. From March 1999 through June 2002, the Air Force made payments under the Contract to U.S. Financial in accordance with the assignment of funds. See Defendant's Answer, Paragraph 3.

Response: Agrees. 5. On July 3, 2002, the Air Force erroneously paid WINN $42,686.53. See Defendant's Answer, Paragraph 4; and Defendant's Third Party Complaint, Paragraph 7.

Response: Agrees. 6. On September 30, 2002, the Air Force erroneously paid WINN $10,000.00. See Defendant's Answer, Paragraph 5; and Defendant's Third Party Complaint, Paragraph 10.

Response: Agrees. 7. Despite repeated demands, the Air Force has failed and refused to pay U.S. Financial the $52,686.53 due U.S Financial pursuant to the assignment of funds. See Defendant's Answer, Paragraph 6.

Response: Defendant agrees that the Air Force has not paid U.S. Financial the $52,686 it has demanded.

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Case 1:03-cv-00623-LSM

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8. Response:

On January 10, 2003, U.S. Financial submitted a claim to the Contracting Officer in the amount of $52,686.53, plus interest. See Defendant's Answer, Paragraph 7.

Defendant agrees that, on or about January 10, 2003, U.S. Financial submitted to the contracting officer the document attached to its complaint as Exhibit A. Compl. Ex. A. 9. On March 20, 2003, U.S. Financial filed suit in this Court seeking judgment against the United States in the amount of $52,686.53, plus interest, costs, and attorney's fees. See Defendant's Third Party Complaint, Paragraph 11.

Response: Agrees. Respectfully submitted, PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director /s Mark A. Melnick MARK A. MELNICK Assistant Director /s Margaret E. McGhee MARGARET E. McGHEE Attorney Commercial Litigation Branch Civil Division Department of Justice 1100 L Street, N.W. Attn: Classification Unit 8th Floor Washington, DC 20530 Tel. (202) 305-3634 Fax. (202) 514-8624 Attorneys for Defendant

October 24, 2003

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NOTICE OF FILING I hereby certify that on October 24, 2003, a copy of the foregoing "DEFENDANT'S RESPONSE TO PLAINTIFF'S PROPOSED FINDINGS OF UNCONTROVERTED FACT " 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/ Margaret E. McGhee