FITZGERALD v. USA

Filing 10

UNREPORTED ORDER staying case. Signed by Judge Elaine D. Kaplan. (arlr) Service on parties made.

In the United States Court of Federal Claims
MICHAEL L. FITZGERALD,
TREASURER OF THE STATE OF IOWA,
Plaintiff,
v.
THE UNITED STATES OF AMERICA,
Defendant.

)
)
)
)
)
)
)
)
)
)
)
)
)

No. 19-678C
(Filed: January 17, 2020)

ORDER
This case was stayed pending decisions by the United States Court of Appeals for the
Federal Circuit in LaTurner v. United States, Case No. 13-1011C, and Lea v. United States, Case
No. 16-43. On August 13, 2019, the Federal Circuit reversed this Court’s grant of summary
judgment to the plaintiffs in LaTurner and Lea, and remanded with instructions to grant
summary judgment in favor of the government. See LaTurner v. United States, 933 F.3d 1354,
1367 (Fed. Cir. 2019). Accordingly, on December 19, 2019, this Court granted summary
judgment for the government in both cases and subsequently lifted the stays in the related cases.
See ECF No. 43, Lea v. United States (Dec. 19, 2019).
In a joint status report, the parties in this case as well as other related cases notified the
Court that the plaintiff in LaTurner is currently seeking the required approval from the Kansas
Attorney General to timely seek review of the Federal Circuit’s August 13, 2019 decision in the

Supreme Court. The parties thus anticipate that the issues in LaTurner will remain live and that
the Supreme Court will act on LaTurner’s anticipated petition during its 2021 term.
Therefore, the Court orders the proceedings in this case are to be STAYED pending
either a decision by the Supreme Court denying the LaTurner petition for certiorari or disposing
of the case on the merits, or until the decision of the Federal Circuit becomes final and
unappealable. The parties shall file a joint status report within 14 days of the date on which the
Supreme Court issues its decision or the Federal Circuit judgment becomes final.
IT IS SO ORDERED.

s/ Elaine D. Kaplan
ELAINE D. KAPLAN
Judge