Kaw Nation of Oklahoma v. United States

OPINION

ALLEGRA, Judge:

This is one of several cases in which defendant has moved to dismiss a plaintiffs complaint under RCFC 12(b)(1), asserting that the subsequent filing of a district court action serves to divest this court of subject matter jurisdiction over an earlier-filed ease under 28 U.S.C. § 1500, as interpreted in United States v. Tohono O’odham Nation, — U.S. —, 131 S.Ct. 1723, 179 L.Ed.2d 723 (2011). For the reasons that follow, this court denies defendant’s motion, as it finds, relying on binding precedent, that section 1500 is inapplicable to the case sub judice.

I

The facts…