Baruch Vega, Inc. v. U.S.

Full title: BARUCH VEGA, INC. Plaintiff, v. THE UNITED STATES, Defendant

Court: U.S. Court of Federal Claims

Date published: Mar 26, 2008

Facts

In this informant compensation case, the defendant has filed a Motion to Dismiss under RCFC 12(b)(1) and 12(b)(6). The motion questions the statutory basis for the plaintiff’s informer claims and relies on the lack of specific allegations in the complaint concerning any event supporting entitlement to compensation occurring within the applicable statute of limitations time period.

Plaintiff’s Response to Defendant’s Motion to Dismiss asserts that customs events, within the scope of informer compensation covered by 19 U.S.C. § 1691, occurred, but no facts are pleaded. Plaintiff’s allegations are not required to be detailed, but they must raise a right to relief above the speculative level to avoid dismissal.

Issue

Decision

 It is ORDERED:

(1) Plaintiff shall file his Amended Complaint on or before April 18, 2008;

(2) Within 14 days after service of plaintiff’s Amended Complaint, defendant shall file any Supplement to its Motion to Dismiss to address the Amended Complaint or, alternatively, file a responsive pleading;

(3) Should the defendant file a Supplement to its Motion to Dismiss, a response and a reply shall be filed in accordance with RCFC 7.2. 

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