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16-490 - YEE v. JEWELL


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16-490 - YEE v. JEWELL
January 9, 2017
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DISCHARGED PURSUANT TO ORDER FILED ON 01/25/2017.....MEMORANDUM OPINION AND ORDER TO SHOW CAUSE: It is hereby ORDERED that Defendant's Motion to Dismiss 7 be DENIED. It is FURTHER ORDERED that Plaintiff's Motion for Summary Judgment 9 be DENIED without prejudice as premature. And it is FURTHER ORDERED that the parties SHOW CAUSE why this action should not be dismissed on grounds of sovereign immunity or transferred to the U.S. Court of Federal Claims. In particular, the parties shall address all of the following issues: (1) whether Congress has waived the United States's sovereign immunity to suit in this Court for the pending action, including, if Plaintiff intends to rely on 5 U.S.C. ยง 702, whether this suit satisfies the requirements that the action seek "relief other than money damages" and not be impliedly forbidden by the Tucker Act; (2) whether the action could properly have been brought in the U.S. Court of Federal Claims; and (3) assuming that the U.S. Court of Federal Claims has exclusive jurisdiction over this matter, whether the interest of justice favors transfer of this case to that court. Plaintiff shall file its response on or before February 8, 2017. Defendant shall file its response on or before March 10, 2017. Plaintiff may then file a reply on or before March 27, 2017. See attached document for details. Signed by Judge Randolph D. Moss on 1/9/2017. (lcrdm3, ) Modified on 1/26/2017 (jf).