Arakaki v. United States

OPINION

HEWITT, Judge.

This case is before the court on defendant’s motion to dismiss for lack of subject matter jurisdiction or, in the alternative, for failure to state a claim upon which relief may be granted, pursuant to Rules 12(b)(1) and 12(b)(6) of the Rules of the United States Court of Federal Claims (RCFC).1 Because materials outside the pleadings were introduced by both parties and relied on by the court in reaching its decision, the court treats defendant’s motion to dismiss under RCFC 12(b)(6) as a motion for summary judgment under RCFC 56. RCFC 12(b) (“If, on a motion ... to…