Berry v. United States

OPINION and ORDER

BLOCK, Judge.

I. INTRODUCTION

In Berry v. United States, 86 Fed.Cl. 24 (2009) (“Berry I”) this court addressed defendant’s Rules of the United States Court of Federal Claims (“RCFC”) 12(b)(1) motion to dismiss. In its motion, defendant asserted that 28 U.S.C. § 15001 divested this court of jurisdiction to hear plaintiffs ease because on the same day that she filed her complaint in this court, she filed her appeal of a Merit Systems Protection Board (“MSPB”) decision concerning an identical claim2 at the United States Court of Appeals for the Federal Circuit. Def.’s Mot. to…