Nerseth v. United States

ORDER

NAPIER, Judge.

This matter comes before the Court on defendant’s motion to dismiss plaintiffs’ overtime compensation claims for lack of jurisdiction and failure to maintain an actionable claim under RUSCC 12(b)(1) and 12(b)(4). Defendant asserts that plaintiffs’ claims for evening overtime compensation are barred by the applicable statute of limitations, while plaintiffs’ mealtime compensation claims warrant dismissal under United States Claims Court Rule 12(b)(4) for failure to state a claim upon which relief can be granted. For the reasons discussed below, defendant’s motion to dismiss…