Scholl v. United States

*59 ORDER/OPINION

BASKIR, Judge.

On December 4, 2002, this Court denied the Defendant’s motion to dismiss for failure to state a claim upon which relief may be granted. See Scholl v. United States, 54 Fed.Cl. 640 (2002) (Scholl I). We held that “Judge Scholl had a firm right — absent other factors which we will explore in further proceedings — to be reappointed as a U.S. Bankruptcy Judge for the Eastern District of Pennsylvania.” Id. at 640-41. Defendant’s counsel filed a motion for reconsideration three months later, on February 28, 2003. We denied the motion on March 24, 2003.

On May 27, 2003,…