NICHOLE MEDICAL EQUIPMENT & SUPPLY, INC. et al v. UNITED STATES OF AMERICA et al

Filing 20

ORDER THAT DEFENDANT'S MOTION TO DISMISS IS GRANTED, AS THE COURT LACKS SUBJECT MATTER JURISDICTION OVER THIS MATTER. THE ABOVE CAPTIONED CASE SHALL BE TRANSFERRED TO THE COURT OF FEDERAL CLAIMS. THE CLERK OF COURT IS DIRECTED TO CLOSE THIS CASE; ETC.. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 3/28/12. 3/28/12 ENTERED AND E-MAILED.(jl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
____________________________________
NICOLE MEDICAL EQUIPMENT & :
SUPPLY, INC. and DOMINIC
:
ROTELLA,
:
Plaintiffs,
:
:
v.
:
:
UNITED STATES OF AMERICA,
:
Defendant.
:
____________________________________:

CIVIL ACTION
NO. 11-1107

ORDER
AND NOW, this 28th day of March 2012, upon review of Defendant’s Motion to
Dismiss [Doc. No. 13], Plaintiffs’ Response in Opposition, and Defendant’s Reply, and for the
reasons set forth in the attached Memorandum Opinion, it is hereby ORDERED that:
1.

Defendant’s Motion to Dismiss is GRANTED, as the Court lacks subject matter
jurisdiction over this matter;

2.

The above captioned case shall be TRANSFERRED to the Court of Federal
Claims.

The Clerk of Court is DIRECTED to close this case.
It is so ORDERED.
BY THE COURT:

/s/ Cynthia M. Rufe
____________________________
CYNTHIA M. RUFE, J.