Dabney v. Vilsack

Filing 13

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)

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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 7 8 9 10 IN THE UNITED STATES DISTRICT COURT 11 FOR THE EASTERN DISTRICT OF CALIFORNIA 12 13 ALICIA DABNEY, 14 CASE NO. 1:16-CV-01685-LJO-BAM Plaintiff, 15 16 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, 17 Defendant. 18 19 20 21 Plaintiff, by and through her attorneys of record, and Defendant, by and through his attorneys 22 of record, hereby stipulate to the following, subject to approval of the Court: 23 24 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. 26 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. 28 29 30 1 1 3. 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. 5 4. Each of the parties shall bear their own costs and fees related to the proceedings in 6 this Court. 7 8 Respectfully submitted, 9 10 Dated: May 18, 2017 PHILLIP A. TALBERT United States Attorney 11 By: 12 /s/ Edward A. Olsen EDWARD A. OLSEN Assistant United States Attorney 13 14 15 Dated: May 18, 2017 16 /s/ Brian K. Cline BRIAN K. CLINE ROBERT J. PECORA Attorneys for Plaintiff 17 18 19 20 ORDER Pursuant to the parties’ stipulation, the Court orders the following: 21 22 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. 24 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. 26 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 28 29 30 2 1 matter jurisdiction, statute of limitations, and failure to state a claim upon which relief may be 2 granted. 3 4. Each of the parties shall bear their own costs and fees related to the proceedings in 4 this Court. 5 IT IS SO ORDERED. 6 7 Dated: /s/ Lawrence J. O’Neill _____ May 19, 2017 UNITED STATES CHIEF DISTRICT JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 3

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