Dabney v. Vilsack
Filing
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STIPULATION and ORDER Dismissing Certain Claims and Transferring Breach of Contract Claim to Court of Federal Claims, signed by Chief Judge Lawrence J. O'Neill on 5/19/17. CASE TRANSFERRED to District of Court of Federal Claims. (Gonzalez, R)
1 PHILLIP A. TALBERT
United States Attorney
2 EDWARD A. OLSEN, CSBN 214150
Assistant United States Attorney
3 501 I Street, Suite 10-100
Sacramento, CA 95814
4 Telephone: (916) 554-2821
Facsimile: (916) 554-2900
5 edward.olsen@usdoj.gov
6 Attorneys for the United States of America
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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ALICIA DABNEY,
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CASE NO. 1:16-CV-01685-LJO-BAM
Plaintiff,
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STIPULATION AND ORDER
DISMISSING CERTAIN CLAIMS
AND TRANSFERRING BREACH
OF CONTRACT CLAIM TO
COURT OF FEDERAL CLAIMS
v.
MICHAEL YOUNG, Acting Secretary,
U.S. Department of Agriculture,
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Defendant.
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Plaintiff, by and through her attorneys of record, and Defendant, by and through his attorneys
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1.
Plaintiff’s claims for negligent and intentional interference with prospective
25 economic advantage (Claims One and Two) are dismissed for lack of subject matter jurisdiction.
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2.
Plaintiff’s claim for breach of contract, which is in excess of the jurisdictional limits,
27 is transferred to the Court of Federal Claims.
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By agreeing to Plaintiff’s request to transfer her breach of contract claim, Defendant
2 does not waive any defenses it may bring in the Court of Federal Claims, including lack of subject
3 matter jurisdiction, statute of limitations, and failure to state a claim upon which relief may be
4 granted.
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Each of the parties shall bear their own costs and fees related to the proceedings in
6 this Court.
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Respectfully submitted,
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10 Dated: May 18, 2017
PHILLIP A. TALBERT
United States Attorney
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By:
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/s/ Edward A. Olsen
EDWARD A. OLSEN
Assistant United States Attorney
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15 Dated: May 18, 2017
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/s/ Brian K. Cline
BRIAN K. CLINE
ROBERT J. PECORA
Attorneys for Plaintiff
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ORDER
Pursuant to the parties’ stipulation, the Court orders the following:
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1.
Plaintiff’s claims for negligent and intentional interference with prospective
23 economic advantage (Claims Two and Three) are dismissed for lack of subject matter jurisdiction.
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2.
Plaintiff’s claim for breach of contract (Claim One), which is in excess of the
25 jurisdictional limits, is transferred to the Court of Federal Claims.
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3.
By agreeing to Plaintiff’s request to transfer her breach of contract claim, Defendant
27 does not waive any defenses it may bring in the Court of Federal Claims, including lack of subject
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1 matter jurisdiction, statute of limitations, and failure to state a claim upon which relief may be
2 granted.
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Each of the parties shall bear their own costs and fees related to the proceedings in
4 this Court.
5 IT IS SO ORDERED.
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Dated:
/s/ Lawrence J. O’Neill _____
May 19, 2017
UNITED STATES CHIEF DISTRICT JUDGE
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