Katz v. United States

ORDER

NETTESHEIM, Judge.

On February 20, 1991, defendant filed a motion to dismiss the complaint. Plaintiffs have failed to respond to the motion within the time provided for by rule. Accordingly, as defendant argues, Count I of the complaint should be dismissed because plaintiffs do not intend to prosecute this claim.

Defendant also asks that Counts II and III be dismissed because plaintiffs have not paid in full the penalties assessed against them, citing Lambropoulos v. United States, 18 Cl.Ct. 235 (1989), and DiNatale v. United States, 12 Cl.Ct. 72 (1987). Defendant has provided sufficient…