Free Motion to Summon Third Person - District Court of Federal Claims - federal

Case 1:03-cv-00623-LSM

Document 13

Filed 09/02/2003

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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 MOTION TO SUMMON THIRD PARTY Pursuant to Rules 14(a)(2) and 14(c) of the Rules of the United States Court of Federal Claims ("RCFC"), defendant, the United States, respectfully requests the Court to issue a summons to the following entity: The W.I.N.N. Group Inc. ("WINN") 601 Pennsylvania Ave. N.W. Suite 900, South Building Washington, D.C. 20004 The summons is for the purpose of answering the accompanying claim of the United States for recovery of monies paid to WINN with respect to the transactions or matters that constitute the subject matter of the pending suit against the United States. As explained in more detail in the accompanying third-party complaint, plaintiff, U.S. Financial Corp., alleges in its complaint that, pursuant to an assignment by WINN to it of amounts due on Contract No. F49642-97-C-0030, it was entitled to $52,686.53 that was paid by the Government to WINN. 4, 7. The $52,686.53 was erroneously paid to WINN. Pl. Compl. ¶

The United States has unsuccessfully attempted to collect the misdirected payments from WINN as follows:

Case 1:03-cv-00623-LSM

Document 13

Filed 09/02/2003

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(a) Demand letter dated June 27, 2002 (b) Second demand letter dated August 26, 2002. Accordingly, the United States seeks a judgment against WINN for whatever amount the Court determines is due plaintiff from the United States, as well as any applicable fees, interest, and other costs incurred due to the improper retention of these monies by WINN. For the foregoing reasons, the United States respectfully requests that this motion for the issuance of a summons be granted. Respectfully submitted, PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director s/ Mark A. Melnick MARK A. MELNICK Assistant Director

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Case 1:03-cv-00623-LSM

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Filed 09/02/2003

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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 September 2, 2003 Attorneys for Defendant

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Case 1:03-cv-00623-LSM

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Filed 09/02/2003

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CERTIFICATE OF FILING I hereby certify that on September 2, 2003, a copy of the foregoing "DEFENDANT'S MOTION TO SUMMON THIRD PARTY" 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