HYMAS v. USA

Filing 57

REPORTED ORDER granting 54 Motion to Transfer; finding as moot 56 Motion for Reconsideration - Rule 59(a) ; finding as moot 56 Motion to Dismiss - Rule 12(b)(1). Signed by Judge Susan G. Braden. (ej) Copy to parties.

In the United States Court of Federal Claims
No. 13-291 C
Filed: April 8, 2016
*************************************
*
JAY HYMAS,
*
d/b/a DOSMEN FARMS,
*
*
Plaintiff,
*
*
v.
*
*
THE UNITED STATES,
*
*
Defendant.
*
*
*************************************
ORDER
Pursuant to the April 6, 2016 mandate of the United States Court of Appeals for the Federal
Circuit, the permanent injunction is dissolved, this case is transferred to the United States Court
District Court for the Eastern District of Washington, as requested by Plaintiffs’ April 7, 2016
Motion to Transfer, ECF No. 54, pursuant to 28 U.S.C. § 1631, a “disposition consistent with the
[mandate].” See Hymas v. United States, 810 F.3d 1312, 1330 (Fed. Cir. 2016); see also id. at
1330 n.10 (“Because the Claims Court does not possess jurisdiction . . . we need not address its
findings that the Service violated various federal procurement laws and the APA [Administrative
Procedures Act.]”).
Accordingly, this case is dismissed and the Government’s April 7, 2016 Motion For
Reconsideration (ECF No. 56) is denied and moot.
IT IS SO ORDERED.
s/ Susan G. Braden
SUSAN G. BRADEN
Judge