Free Reply to Response to Motion - District Court of Federal Claims - federal

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APPENDIX

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TO ORDER COPIES OF ANY DOCUMENTS LISTED BELOW, CALL WESTLAW COURTEXPRESS 1-877-DOC-RETR (1-877-362-7387) (Additional Charges Apply). This docket is current through 07/29/2008 Court:
Case Title: Case: Judge: Date Filed: Other Dockets:

U.S. DISTRICT COURT DISTRICT OF COLUMBIA (WASHINGTON,

DC)

BROWN v. USA ET AL 1:02-CV-00300 JUDGE ROSEMARY M. COLLYER 02/15/2002 USCA, 03-05245 CASE INFORMATION

Case Number: Jury Demand: Nature of Suit: Jurisdiction: Cause:

1:02CV00300 PLAINTIFF CIVIL RIGHTS: EMPLOYMENT (442) U.S. GOVERNMENT DEFENDANT 28 USC 1343 VIOLATION OF CIVIL RIGHTS PARTICIPANT INFORMATION

Plaintiff: Attorney(s): Email Address: Firm Name: Attorney Address: Attorney Phone: Defendant: Attorney(s):

YVONNE BROWN REUBEN B. COLLINS, II [email protected] COLLINS & TALLEY, LLC P.O. BOX 1857, SUITE A-2 LA PLATA, MD 20646 301-934-4366

USA ALAN BURCH © 2008 Thomson Reuters/West. No Claim to Orig. US Gov. Works.

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Email Address: Firm Name: Attorney Address: Attorney Phone: Attorney Fax:
Attorney(s): Attorney Terminated: Email Address: Firm Name: Attorney Address:

[email protected] U.S. ATTORNEY'S OFFICE 555 FOURTH STREET, NW WASHINGTON, DC 20530 202-514-7204 202-514-8780
BRIAN J. SONFIELD 02/23/2005 [email protected] EXPORT - IMPORT BANK OF THE UNITED STATES OFFICE OF THE GENERAL COUNSEL 811 VERMONT AVE., NW WASHINGTON, DC 20571 202-565-3439 202-565-3586 JOHN ASHCROFT ATTORNEY GENERAL OF THE UNITED STATES ALAN BURCH [email protected] U.S. ATTORNEY'S OFFICE 555 FOURTH STREET, NW WASHINGTON, DC 20530 202-514-7204 202-514-8780 BRIAN J. SONFIELD 02/23/2005 [email protected] EXPORT - IMPORT BANK OF THE UNITED STATES OFFICE OF THE GENERAL COUNSEL 811 VERMONT AVE., NW WASHINGTON, DC 20571 202-565-3439 202-565-3586 ANN VENEMAN SECRETARY OF AGRICULTURE ALAN BURCH [email protected]

Attorney Phone: Attorney Fax:
Defendant: Attorney(s): Email Address: Firm Name: Attorney Address: Attorney Phone: Attorney Fax:

Attorney(s): Attorney Terminated: Email Address: Firm Name:
Attorney Address:

Attorney Phone: Attorney Fax:
Defendant: Attorney(s): Email Address:

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Firm Name: Attorney Address: Attorney Phone: Attorney Fax:
Attorney(s): Attorney Terminated: Email Address: Firm Name: Attorney Address:

U.S. ATTORNEY'S OFFICE 555 FOURTH STREET, NW WASHINGTON, DC 20530 202-514-7204 202-514-8780 BRIAN J. SONFIELD 02/23/2005 [email protected] EXPORT - IMPORT BANK OF THE UNITED STATES OFFICE OF THE GENERAL COUNSEL 811 VERMONT AVE., NW WASHINGTON, DC 20571 202-565-3439 202-565-3586

Attorney Phone: Attorney Fax:

DOCKET PROCEEDINGS Entry#: Date: 01/03/2007 Description:
NOTICE OF CORRECTED DOCKET ENTRY: RE STATUS REPORT WAS ENTERED IN ERROR. COUNSEL LOADED THE WRONG DOCUMENT OR USED THE WRONG ECF EVENT TO FILE A MOTION FOR HEAR1NG. COUNSEL WAS INSTRUCTED TO REFILE SAID PLEADING. (TG,) (ENTERED: 01/03/2007)

Send Runner to the Court 34 01/02/2007 ENTERED IN ERROR ..... STATUS REPORT BY YVONNE BROWN. (COLLINS, REUBEN) MOD1FIED ON 1/3/2007 (TG,). (ENTERED: 01/02/2007) View Document in PDF Format 03/14/2005 MINUTE ENTRY ORDER DENYINGPLAINTIFF'S MOTION FOR HEARING. THE D.C. CIRCUIT HAS RULED THAT JURISDICTION IN THIS MATTER LIES EXCLUSIVELY IN THE COURT OF FEDERAL CLAIMS. BROWN V. UNITED STATES, 389 F.3D 1296 (D.C. CIR. 2004). PLAINTIFF'S CLAIMS IN COUNTS 1 AND 3 HAVE BEEN DISMISSED WITHOUT PREJUDICE. SIGNED BY JUDGE ROSEMARY M. COLLYER ON 3/14/05. (DYC) (ENTERED: 03/14/2005) Send Runner to the Court

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02/23/2005

NOTICE OF APPEARANCE BY ALAN BURCH ON BEHALF OF USA, JOHN ASHCROFT, ANN VENEMAN (BURCH, ALAN) (ENTERED: 02/23/2005)

View Document in PDF Format 32 02/22/2005
MOTION FOR HEARING STATUS BY YVONNE BROWN. (COLLINS, REUBEN) (ENTERED: 02/22/2005)

View Document in PDF Format 31 02/14/2005 ORDER. SEE ATTACHED ORDER FOR FURTHER DETAILS. SIGNED BY JUDGE ROSEMARY M. COLLYER ON 2/14/05. (DYC) (ENTERED: 02/14/2005) '~ View Document in PDF Format
USCA JUDGMENT (CERTIFIED COPY) AS TO NOTICE OF APPEAL FILED BY YVONNE BROWN; IT IS HEREBY ORDERED AND ADJUDGED THAT THE JUDGMENT OF THE DISTRICT COURT APPEALED FROM IN THIS CAUSE IS HEREBY REMANDED FOR FURTHER PROCEEDINGS; USCA#03-5245 (JSC) (ENTERED: 02/14/2005)

30

02/11/2005

View Document in PDF Format 09/12/2003
USCA CASE NUMBER 03-5245 FOR NOTICE OF APPEAL FILED BY YVONNE BROWN. (RJE,) (ENTERED: 09/15/2003)

Send Runner to the Court 09/08/2003 TRANSMISSION OF NOTICE OF APPEAL AND DOCKET SHEET TO US COURT OF APPEALS RE NOTICE OF APPEAL (RJE,) (ENTERED: 09/08/2003) Send Runner to the Court 29 09/05/2003 NOTICE OF APPEAL AS TO ORDER ON MOTION TO DISMISS BY YVONNE BROWN. FILING FEE $ 105. (RJE,) (ENTERED: 09/08/2003) View Document in PDF Format 28 07/09/2003 ORDER GRANTING MOTION TO DISMISS. SIGNED BY JUDGE ROSEMARY M. COLLYER ON 7/9/03. (DSJ) (ENTERED: 07/09/2003) View Document in PDF Format 27 07/09/2003 MEMORANDUM OPINION. SIGNED BY JUDGE ROSEMARY M. COLLYER ON 7/9/03. (DSJ) (ENTERED: 07/09/2003)

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View Document in PDF Fo,'mat 26 04/22/2003 REPLY IN SUPPORT OF MOTION REFILED BY JOHN ASHCROFT, USA, ANN VENEMAN. (ATTACHMENTS: #)(SONFIELD, BRIAN) (ENTERED: 04/22/2003) View Document in PDF Format 25 04/14/2003 REPLY TO OPPOSITION TO MOTION RE RESPONSE TO MOTION TO DISMISS AMENDED COMPLAINT FILED BY YVONNE BROWN. (COLLINS, REUBEN) (ENTERED: 04/14/2003) View Document in PDF Format 24 04/14/2003 MEMORANDUM IN OPPOSITION TO MOTION RE TO DISMISS AMENDED COMPLAINT FILED BY YVONNE BROWN. (COLLINS, REUBEN) (ENTERED: 0411412003) View Document in PDF Format 03/24/2003 MINUTE ENTRY ORDER GRANTING CONSENT MOTION FOR EXTENSION OF TIME TO RESPOND TO DEFENDANTS' MOTION TO DISMISS. PLAINTIFF'S RESPONSE IS DUE ON APRIL 14, 2003. SIGNED BY JUDGE ROSEMARY M. COLLYER ON 3124103. (DSJ) (ENTERED: 03124/2003) Send Runner to the Court 23 03/24/2003 FIRST MOTION FOR EXTENSION OF TIME TO FILE EXTENSION TO DEFENDANT'S MOTION TO DISMISS BY YVONNE BROWN. (COLLINS, REUBEN) (ENTERED: 0312412003) View Document in PDF Format 22
03/07/2003

MOTION TO DISMISS PLAINTIFF'S AMENDED COMPLAINT BY USA, ANN VENEMAN. (ATTACHMENTS: ######)(SONFIELD, BRIAN) (ENTERED: 0310712003) View Document in PDF Format

21

02/19/2003

FIRST AMENDED COMPLAINT AGAINST JOHN ASHCROFT, USA, ANN VENEMAN , FILED BY YVONNE BROWN.(RJE, ) (ENTERED: 02/20/2003) View Document in PDF Format

02/19/2003

MINUTE ENTRY ORDER GRANTINGMOTION TO ENLARGE TIME TO FILE AMENDED COMPLAINT, GRANTING MOTION FOR

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LEAVE TO FILE AMENDED COMPLAINT. SIGNED BY JUDGE ROSEMARY M. COLLYER ON 2/19/03. (DSJ) (ENTERED: 02/19/2003) Send Runner to the Court 20
02/14/2003 MOTION FOR LEAVE TO FILE FIRST SECOND AMENDED COMPLAINT BY YVONNE BROWN. (JEB,) MODIFIED ON 2/14/2003 (JEB,). (ENTERED: 02/14/2003)

View Document in PDF Format 19 02/14/2003 MOTION FOR LEAVE TO FILE AN AMENDED COMPLAINT BY YVONNE BROWN. (ATTACHMENTS: # EXHIBIT (AMENDED COMPLAINT))(JEB, ) MODIFIED ON 2/14/2003 (JEB,). (ENTERED: 02/14/2003) View Document in PDF Format 18
01/23/2003 ORDER DENYING MOTION TO DISMISS AND INSTRUCTING PLAINTIFF TO FILE AMENDED COMPLAINT, IF ANY, BY 2/12/03. SIGNED BY JUDGE ROSEMARY M. COLLYER ON 1/23/03. (DSJ) (ENTERED: 01/23/2003)

View Document in PDF Format
12/19/2002 CASE REASSIGNED TO JUDGE ROSEMARY M. COLLYER. JUDGE HENRY H. KENNEDY NO LONGER ASSIGNED TO THE CASE. (NMR,) (ENTERED: 12/20/2002) Send Runner to the Court

17

10116/2002

REPLY IN SUPPORT OF MOTION RE DISMISSAL FILED BY JOt-IN ASHCROFT, USA, ANN VENEMAN. (SONFIELD, BRIAN) MODIFIED ON 10/17/2002 (CDW,). (ENTERED: 10/16/2002) View Document in PDF Format

10/04/2002

ORDER GRANTING MOTION FOR EXTENSION OF TIME TO FILE RESPONSE/REPLY RE .... SIGNED BY JUDGE HENRY H. KENNEDY, JR. ON OCTOBER 4,2002.(KENNEDY, HENRY) (ENTERED:
113/13/I/91313") ~

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10/02/2002

REPLY TO OPPOSITION TO MOTION RE MOTION TO DISMISS FILED BY YVONNE BROWN. (COLLINS, REUBEN) (ENTERED: 1010212002)

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View Document in PDF Format 15 10/02/2002
REPLY TO OPPOSITION TO MOTION RE MOTION TO DISMISS FILED BY YVONNE BROWN. (COLLINS, REUBEN) (ENTERED: 10/02/2002)

View Document in PDF Format 14
10/02/2002

CONSENT MOTION FOR EXTENSION OF TIME TO FILE RESPONSE/REPLY BY YVONNE BROWN. (COLLINS, REUBEN) (ENTERED: 1010212002) View Document in PDF Format

09/11/2002

ORDER GRANTING CONSENT MOTION FOR EXTENSION OF TIME TO FILE BY 9/30/02 PLAINTIFF'S RESPONSE TO DEFENDANTS' MOTION TO DISMISS AND DEFENDANTS'REPLY TO THE PLAINTIFF'S OPPOSITION BY 10/18/02 SIGNED BY JUDGE HENRY H. KENNEDY, JR. ON SEPTEMBER 11, 2002.KENNEDY, HENRY) (ENTERED: 09/11/2002)

Send Runner to the Court 13 08/2612002
CONSENT MOTION FOR EXTENSION OF TIME TO FILE BY 9/30/02 PLAINTIFF'S RESPONSE TO DEFENDANTS' MOTION TO DISMISS AND DEFENDANTS' REPLY TO THE PLAINTIFF'S OPPOSITION BY I0/18/02 BY YVONNE BROWN. (JEB,) (ENTERED: 08/26/2002)

View Document in PDF Format 12 08/19/2002 MOTION TO DISMISS BY JOHN ASHCROFT, USA, ANN VENEMAN. (ATTACHMENTS: #EXHIBIT 1 -- FORMAL ADMINISTRATIVE COMPLAINT#EXHIBIT 2 -- EEO COUNSELOR'S REPORT#EXHIBIT 3 -- SETTLEMENT AGREEMENT#EXHIBIT 4 -- TRANSCRIPT OF SETTLEMENT HEARING#EXHIBIT 5 -- FINAL AGENCY DECISION# EXHIBIT 6 -- EEOC DECISION)(SONFIELD, BRIAN) (ENTERED: 08/19/2002) ~ View Document in PDF Format ORDER G_R_&NT!NG MOTION FOR EXTENSION OF T!ME TO ANSWER SIGNED BY JUDGE HENRY H. KENNEDY, JR. ON JULY 4, 2002.(KENNEDY, HENRY) (ENTERED: 07/04/2002) Send Runner to the Court 11 07/03/2002
JOINT MOTION FOR EXTENSION OF TIME TO FILE ANSWER RE BY JOHN ASHCROFT, USA, ANN VENEMAN. (SONFIELD, BRIAN) (ENTERED: 07/03/2002)

07/04/2002

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View Document in PDF Format
06/1112002

ORDER GRANTING MOTION FOR EXTENSION OF TIME TO ANSWER RE (KENNEDY, HENRY) (ENTERED: 06/11/2002) Send Runner to the Court

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06/1112002

UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE ANSWER RE BY JOHN ASHCROFT, USA, ANN VENEMAN. (SONFIELD, BRIAN) (ENTERED: 06/11/2002) View Document in PDF Format

05/09/2002

ORDER GRANTING MOTION FOR EXTENSION OF TIME TO ANSWER SIGNED BY JUDGE HENRY H. KENNEDY, JR. ON MAY 9, 2002.(KENNEDY, HENRY) (ENTERED: 05/09/2002) Send Runner to the Court

05/08/2002

UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE ANSWER RE BY JOHN ASHCROFT, USA, ANN VENEMAN. (SONFIELD, BRIAN) (ENTERED: 05/08/2002) View Document in PDF Format

05/08/2002

ATTORNEY APPEARANCE. (SONFIELD, BRIAN) (ENTERED: 05/08/2002) View Document in PDF Format

03/22/2002

RETURN OF SERVICE/AFFIDAVIT OF SUMMONS AND COMPLAINT EXECUTED. ANN VENEMAN SERVED ON 3/13/2002, ANSWER DUE 5/13/2002 (CDW,) (ENTERED: 03/29/2002) View Document in PDF Format

03/22/2002

RETURN OF SERVICE/AFFIDAVIT OF SUMMONS AND COMPLAINT EXECUTED. US ATTORNEY GENERAL SERVED ON 3/13/2002 (CDW,) (ENTERED: 03/29/2002) View Document in PDF Format

0312212002

RETURN OF SERVICE/AFFIDAVIT OF SUMMONS AND COMPLAINT EXECUTED. US ATTORNEY SERVED ON 3/13/2002, ANSWER DUE 5/13/2002 (CDW,) (ENTERED: 03/29/2002) View Document in PDF Format

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SUMMONS (3) ISSUED AS TO JOHN ASHCROFT ; ANN VENEMAN, U.S. ATTORNEY (CDW,) (ENTERED: 03/04/2002)

Send Runner to the Court
02/28/2002 "ENTERED IN ERROR" SCHEDULING ORDER: INITIAL CONFERENCE SET FOR 3/22/2002 09:30 AM.. SIGNED BY JUDGE HENRY H. KENNEDY, JR. ON FEBRUARY 28, 2002. (FL,) MODIFIED ON 2/28/2002 (FL,). (ENTERED: 02/28/2002)

View Document in PDF Format
02/28/2002 "DUPLICATE ENTRY" PRELIMINARY ELECTRONIC CASE FILING ORDER. SIGNED BY JUDGE HENRY H. KENNEDY, JR. ON FEBRUARY 28, 2002. (FL,) MODIFIED ON 2/28/2002 (FL,). (ENTERED: 02/28/2002)

View Document in PDF Format
02/21/2002 PRELIMINARY ELECTRONIC CASE FILING ORDER. SIGNED BY JUDGE HENRY H. KENNEDY, JR. ON FEBRUARY 21,2002. (FL,) (ENTERED: 02/21/2002)

View Document in PDF Format
02/15/2002

SUMMONS NOT ISSUED AS TO JOHN ASHCROFT ; USA ; ANN VENEMAN (CDW,) (ENTERED: 02/21/2002) Send Runner to the Court

02/15/2002

COMPLAINT FOR DAMAGES AND EQUITABLE RELIEF AGAINST JOHN ASHCROFT, USA, ANN VENEMAN ( FILING FEE $150 ). FILED BY YVONNE BROWN. (CDW,) (ENTERED: 02/21/2002) View Document in PDF Format

TO ORDER COPIES OF ANY DOCUMENTS LISTED ABOVE, CALL WESTLAW COURTEXPRESS 1-877-DOC-RETR (1-877-362-7387) (Additional Charges Apply). END OF DOCUMENT

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Case 1:08-cv-00186-NBF Document 14-2 Filed 07/31/2008 Page 11 of 21 Case l:02-cv-00300-RMC Document 31 Filed 02/14/2005 Page 1 of 1

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

)
YVONNE S. BROWN, Plaintiff, v. UNITED STATES OF AMERICA, et al., ) Defendants. )

)
)

)
) Civil Action No. 02-300 (RMC)

) )
)

)
ORDER In accordance with the United States Court of Appeals for the District of Columbia
Circuit's decision in Brown v. United States of America, et. al, No. 03-5245 (D.C. Cir. Dec. 3,

2004), it is hereby
ORDERED that Counts I and III of Plaintiff's amended complaint are DISMISSED

without prejudice. SO ORDERED.

Dated: February 14, 2005.

/s/ ROSEMARY M. COLLYER United States District Judge

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UNITED STATES COURT OF FEDERAL CLAIMS YVONNE BROWN Petitioner

I

FILED
U.~. OOLIRT OF

; ~07-400
: Civii Action No.:

UNITED STATES OF AMERICA

Respondent.

PETITION FOR ENTRY IN THE COURT'S DOCKET Comes now, Petitioner Yvonne Brown through counsel ~om the Law Offices of Coilins & Tal!ey, LLC hereby requests entry of the above captioned case as a part of the United States Court of Fectera! Claims docket. As grounds for this petition, Petitioner states as follows: On February 12, 2003 Petitioner through Counsel filed an amended complaint in the United States District Court for the District of Columbia Case No.: 02ca00300 (RMC). 2. Respondcnt filed a Motion to Dismiss the Amended Complaint and as a resuit, United

States District Court Judge Rosemary M. Co!lyer in a Memorandum Opinion granted respondent's Motion to Dismiss on July 09, 2003. 3. Petitioner through counsel timely filed a Notice of Appeal dated September 05,

2003(Case No.: 03-5245). 4. The United States Court of Appeals for the District of Columbia Circuit in a per curium

opinion ruled that Count [i of the complaint was the jurisdiction of the United States Com't of

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Federal Claims because it involved damages sought against the United States of more than $ l 0,000, 5. 6. The Court also ruled that Count's I and Ill should have been dismissed without prejudice. The Cou~ of Appeals remanded the case back to the lower Court in an opinion dated

December 3, 2004. 7. On February 22, 2005 Petitioner filed a Motion tbr Status on the remanded case and

requested a heaving on the matter. 8. Petitioner did not receive any correspondence from the court in response to the Status

Motion, 9. The last correspondence Petitioner received was the entry of appearance of Alan Burch

dated February 02, 2005. 10. Petitioner again filed a Status Motion via electronic filing on January 03, 2007 and the pleading was denied by the Court's clerk office because the case was considered a closed case. l 1. On or around March 23, 2007 a fbnner employee of undersigned law firm pulled a copy

of the District Court's case history which disclosed the filing of a Minute Order dated March 14, 2005 and signed by Judge Rosemary M. Collyer which ruled that jurisdiction in the case lied exclusively in the Court of Federa! Claims. The Minute Order atso dismissed Counts ! and itI without prejudice. (Exhibit A) ~2. Undersigned also became aware that the Court had issued an order dismissing without prejudice Count's i and HI on February 14, 2005. (Exhibit B) 13. 2007. Petitioner nor her undersigned counsel received notice of either order prior to March of

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14. The delay in filing this pleading was due to the inability of Undersigned Counsel to immediately find attorney's that he knew that could submit letters of recommendation on his behalf fbr submission to the Court of Federal Claims bar. t5. Undersigned Counsel submitted his Petition of Admission along with the admission fee

on April 30, 2007. 16. I7. Undersigned Counsel has made several inquiries regarding his status tbr admission. Undersigned was told by a representative of the Clerk's office that he had in fact been

admitted on or around May 07, 2007 and that he would be receiving confirmation from the Court, acknowledging that fact. 18, Undersigned has still not received confirmation at the time of filing this pleading and is preparcxt to retile this petition should the court deem it necessary. WHEREFORE, Petitioner Yvonne Brown requests that this court enter this case, remanded from the United States Court of Appeals as a part of its docket. Petitioner is prepared to file additionalpleadings to effectuate the pursuit of this claim should the court find it necessary. submitted,

Reuben B. Collins, !I, #459751 COLLINS & TALLEY, LLC P. O. Box 1857 La Plata, MD 20646 (301) 934-4366

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CERTIFICATE OF SERVICE

~ HEREBY CERTIFY that a copy of the fbregoing Petition has been delivered via first class maii filing this 15th day of June, 2007, to the following:

Assistant United States Attorney A!an Burch Judiciary Center Bui!ding Civil Division 555 Fourth Street, NW Washington, DC 20001

Reuben B. Collins, II

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UNITED STATES COURT OF FEDERAL CLAIMS

)
YVONNE S. BROWN~ Petitioner v. ) ) Civil Action No.: )

)

UNITED STATES OF AMERICA, et aL, ) Respondent

)

) )

)

ORDER In accordance with the United States District Court of the District of Columbia Circuit's decision in Brown v. United States of America, et. al, No, 02CA300 it is hereby GRANTED SO ORDERED.

On This

day of June 20

Honorable Judge

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EXHIBIT A

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Fu.lI docket text: MINUTE ENTRY ORDER denying [32] Plaintiffs Motion for Hearing. The D.C. has ru!ed that CI. ctu~ jurisdiction in this matter lies exclusively kn the Court of Federal Claims. Brown v. United States, 389 F.3d 1296 (D.C. Cir. 2004). Plaintiff's claims in Counts I and 3 have been dismissed without prejudice [3! ]. Signed by Judge Rosemary M, Collyer on 3/I 4/05. (dye) i PACER .Service Center

................................... ~:? .............................."":i= ==-":""" ......... :?PACER iiC~leat Code: iLogin: ii'tc0696
~Search iDe~crJP~°n: ~"~'s'°rY/l~°c u'"en ~s:.iC riteria:

03/23/2007 12:16:!3 i f "i".'." ;.'.' .'." "i".'.".'i["'.-" ; ...................................................................................

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~:!1:02-cv-00300:~ ..........

https://ecf.dcd.uscourts.gov/cgi-bin/HistDocQry.pl?7!5030473798722.L ShowDktTxt 1-... 3/23/2007 A17

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EXHIBI

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

)
YVONNE S. BROWN, Plaintiff, v. )

)
) )

)
Civil Action No. 02-300 0tMC)

UNITED STATES OF AMERICA, et aL, ) Defendants.

)
)

)
ORDER

In accordance with the United States Court of Appeals for ~e District of Columbia Circuit's decision in Brown v. United States of America, et. al, No, 03-5245 (D.C. Cir. Dee. 3, 2004), it is hereby ORDERED that Counts i and III of Plaintiff's amended complaint arc DISMISSED
withom prejudice. SO ORDERED.

Dated: February 14, 2005.

/s/ ROSEMARY M. COLLYER United States District Judge

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~ourt o[
NOT FOR PUBLICATION No. 07-400C (Filed December 18, 2007)

~laim~

YVONNEBROWN, Plaintiff,
go

THE UNITED STATES, Defendant.

ORDER This matter was the subject of a hearing held yesterday by telephone. It involves a pleading entitled "Petition for Entry in the Court's Docket" submitted on behalf of Yvonne Brown, who is identified as a "petitioner." This was not a complaint, but instead a paper informing the Court of some difficulty that Ms. Brown and her counsel apparently had in receiving word of a district court's dismissal without prejudice of a case brought by Ms. Brown. The government has moved to strike the petition for entry in the Court's docket. This seems appropriate because, as Ms. Brown's counsel admits, Ms. Brown has filed no complaint and thus there is no civil action to be entered in the docket under Rule 79 of the Rules of the United States Court of Federal Claims. Accordingly, the government's motion is GRANTED. Since Ms. Brown has filed no complaint, the clerk shall return the filing fee to Ms. Brown.
IT IS SO ORDERED.

s/Victor J. Wolsld VICTOR J. WOLSKI Judge

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