Pucciariello v. United States

OPINION

BUSH, Senior Judge.

Now pending before the court is defendant’s motion to dismiss pursuant to Rules 12(b)(1) and 12(b)(6) of the Rules of the United States Court of Federal Claims (RCFC). That motion has been fully briefed and is ripe for decision. Oral argument was neither requested by the parties nor deemed necessary by the court. For the following reasons, defendant’s motion to dismiss is granted.

BACKGROUND 1

In this lawsuit, Plaintiff Carmine J. Pucciariello 2 seeks damages, as well as injunctive and declaratory relief, based upon the Federal Aviation Administration’s (FAA) decision…