Tamara Barry v. United States

ORDER

LETTOW, Judge

On July 5, 2013, plaintiffs (“the Barry plaintiffs”), past or present employees of the Department of Homeland Security, brought claims in this court under the Fair Labor Standards Act (“FLSA”), 29 U.S.C. § 216(b). Rather than answer and defend against the plaintiffs’ claims on the merits, the government has asserted that this court lacks jurisdiction to hear- FLSA claims and has moved to transfer the case to the United States District Court for the District of Nebraska, pursuant to Rule 12(b)(1) of the Rules of the Court of Federal Claims and 28 U.S.C. § 1631. 1

I. BACKGROUND

T…