Carlsen v. United States

OPINION

BRUGGINK, Judge.

This action involves defendant’s motion for summary judgment and plaintiffs’ cross motion for partial summary judgment with regard to the Federal Employees Pay Act (“FEPA”)2 overtime claims of the four remaining plaintiffs. Defendant asserts that plaintiffs’ failure to timely answer a request for admission deems the statements admitted. In the alternative, defendant claims that plaintiffs cannot meet the overtime compensation requirements of FEPA and its corresponding regulations, as applied by the Federal Circuit in Doe v. United States, 372 F.3d 1347 (Fed.Cir.2004)…