Galloway v. United States

In the United States Court of Federal Claims No. 13-269C (Filed March 21, 2014) NOT FOR PUBLICATION ************************* * * ARNOLD R. GALLOWAY, * * Plaintiff, * * v. * * THE UNITED STATES, * * Defendant. * * *************************

ORDER The government filed a motion to transfer this case back to the United States District Court for the Southern District of California, arguing that we lack subject- matter jurisdiction over Fair Labor Standards Act claims under its reading of United States v. Bormes, 133 S. Ct. 12, 18-19 (2012). Plaintiff does not oppose the motion. The Court has elsewhere disagreed with the government’s argument, see Farzam v. United States, 13-075C, 2013 WL 5819273 (Fed. Cl. Oct. 29, 2013), and the Federal Circuit has today issued an opinion rejecting the government’s reading of Bormes. See Abbey v. United States, No. 2013-5009, Slip Op. at 10-17 (Fed. Cir. Mar. 21, 2014). Under this binding precedent, our Court and not the district court would possess jurisdiction over plaintiff’s claim, under the Tucker Act, and accordingly the motion to transfer is DENIED. The Joint Preliminary Status Report shall be filed on or by Monday, April 21, 2014.

IT IS SO ORDERED

s/ Victor J. Wolski VICTOR J. WOLSKI Judge