KING et al v. USA

Filing 113

UNREPORTED ORDER. At the oral argument on the parties' cross-motions to dismiss, the parties should be prepared to discuss the following topics. Signed by Judge Nancy B. Firestone. (tc) Copy to parties.

In the United States Court of Federal Claims
No. 12-175
(Filed: November 17, 2014)

KING, et al.,
Plaintiffs,
v.
THE UNITED STATES,
Defendant.

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ORDER
FIRESTONE, Judge.
During the oral argument on the parties’ cross-motions for summary judgment
scheduled for Tuesday, November, 18, 2014 at 2:00 p.m. eastern time, the court will
address the issues raised in the parties’ briefs in the following order:
1. Whether the government is bound by the testimony of its 30(b)(6)
witness. In that connection, the parties should be prepared to discuss
the Department of Justice’s role in litigation on behalf of the federal
government and its authority to define the legal position of the United
States. The parties are asked to identify cases, if any, in which the
Department of Justice took a legal position in litigation that was
contrary to the position of its client agency.
2. Assuming that that the government is not bound by Ms. Copeland’s
30(b)(6) testimony, whether the nature of plaintiffs’ work qualifies them
as exempt under the learned professional exemption, the administrative
exemption, and/or the executive exemption under the FLSA.

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3. Whether the plaintiffs seeking compensation for caring for canines
during off-duty hours have the same FLSA classification as the other
CDIs. In that connection, the parties should be prepared to discuss the
employment responsibilities of the CDIs at the canine academies in
relation to any potentially applicable FLSA exemption. Assuming the
court finds that the plaintiffs seeking compensation for home canine
care are properly classified as FLSA non-exempt, the parties should be
prepared to discuss their arguments regarding the applicable statute of
limitations and whether the claim for uncompensated canine care relates
back to the original complaint.

IT IS SO ORDERED.

s/Nancy B. Firestone
NANCY B. FIRESTONE
Judge

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