Baird v. United States

OPINION AND ORDER ON MOTION TO DISMISS

WHEELER, Judge.1

This case is before the Court on Defendant’s February 25, 2005 Motion to Dismiss for lack of subject matter jurisdiction, and for failure to state a claim upon which relief can be granted, filed pursuant to Rules 12(b)(1) and 12(b)(6) of the Court of Federal Claims (“RCFC”).2 Shortly after Plaintiff filed his Complaint on September 14, 2004, and on four occasions thereafter, the Court suspended proceedings in this case while the parties pursued settlement discussions. Most recently, the Court on March 27, 2006 imposed a stay to allow the…