SOMMERS v. USA

Filing 101

Order Granting 91 Motion to Dismiss - Rule 12(b)(6); and denying as moot 91 defendant's motion for judgment on the administrative record and 94 plaintiff's cross-motion for judgment on the administrative record. The Clerk is directed to enter judgment. Signed by Judge Richard A. Hertling. (abg) Service on parties made.

In the United States Court of Federal Claims
No. 14-690
Filed: August 4, 2020

NATHAN SOMMERS,
Plaintiff,
v.
UNITED STATES,
Defendant.
ORDER
For the reasons provided in the memorandum opinion, filed concurrently with this order,
the defendant’s motion to dismiss for failure to state a claim under Rule 12(b)(6) of the Rules of
the Court of Federal Claims is GRANTED. The parties’ cross-motions for judgment on the
administrative record are DENIED AS MOOT.
The plaintiff’s complaint is DISMISSED WITH PREJUDICE.
The Clerk is directed to enter judgment accordingly.
Each party shall bear its own costs.
It is so ORDERED.
s/ Richard A. Hertling
Richard A. Hertling
Judge