Johnson v. United States

ORDER ON MOTION FOR OPT-IN CLASS CERTIFICATION

BIERY, District Judge.

A SEAFARING PROLOGUE ABOUT AN AIR FORCE BASE CASE

Plaintiffs ask the Court to make new law regarding class action procedure in Little Tucker Act cases in the United States District Courts and not abide by the Federal Rules of Civil Procedure. Or as plaintiffs’ counsel cleverly states: An opportunity to “eat the first shrimp”1 by certifying an opt-in class in this case about Kelly Air Force Base toxic water and soil. Holy Mackerel; what an invitation!

Though plaintiffs’ counsel makes a whale of an argument, the appellate sharks…