Bank of America Corporation v. United States of America

Filing 58

ORDER that this Court's July 1, 2019 order (Doc. No. 51) is VACATED. Defendant's 32 Motion to Change Venue to the Court of Federal Claims, for the nine claims related to overpayment interest exceeding $10,00 0, is GRANTED. These nine claims are severed from the present case and ORDERED TO BE TRANSFERRED to the United States Court of Federal Claims. The deadline for Defendant to file its Answer to the Third Amended Complaint (Doc. No 29) is reset to October 6, 2021. Signed by District Judge Robert J. Conrad, Jr on 9/20/2021. (brl)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:17-cv-00546-RJC-DSC
BANK OF AMERICA CORPORATION, )
)
Plaintiff,
)
)
vs.
)
)
)
UNITED STATES OF AMERICA,
)
)
Defendant.
)
____________________________________ )

ORDER

THIS MATTER comes before the Court on the Judgement and Mandate of the United
States Court of Appeals for the Federal Circuit1, which reversed this Court’s July 1, 2019
judgment, (Doc. No. 51), and remanded the case to this Court. Pursuant to the Federal Circuit’s
decision in this case, this Court will VACATE its previous order.
Considering the Federal Circuit’s holding—that the Court of Federal Claims, and not
district courts, has exclusive jurisdiction over “stand-alone” overpayment interest claims
exceeding $10,000 under 28 U.S.C. § 1346(a)(1)2—this Court GRANTS Defendant’s Motion to
Change Venue to the Court of Federal Claims, (Doc. No. 32), for the nine claims at issue as
summarized in Exhibit C to the Motion, (Doc. No. 34-3). Regarding the unaffected claims
remaining in this case, this Court resets the deadline for Defendant to file its Answer to the Third
Amended Complaint, (Doc. No. 29), to October 6, 2021.
IT IS, THEREFORE, ORDERED that:
1.

1
2

This Court’s July 1, 2019 order, (Doc. No. 51), is VACATED;

Bank of Am. Corp. v. United States, 964 F.3d 1099 (Fed. Cir. 2020).
Id. at 1109.

Case 3:17-cv-00546-RJC-DSC Document 58 Filed 09/20/21 Page 1 of 2

2.

Defendant’s Motion to Change Venue to the Court of Federal Claims, (Doc. No.
32), for the nine claims related to overpayment interest exceeding $10,000 is
GRANTED. These nine claims are severed from the present case and ORDERED
TO BE TRANSFERRED to the United States Court of Federal Claims; and

3.

The deadline for Defendant to file its Answer to the Third Amended Complaint,
(Doc. No. 29), is reset to October 6, 2021.

Signed: September 20, 2021

Case 3:17-cv-00546-RJC-DSC Document 58 Filed 09/20/21 Page 2 of 2