Free Order on Motion to Dismiss - Rule 12(b)(6) - District Court of Federal Claims - federal

Case 1:05-cv-00881-VJW

Document 12

Filed 03/23/2006

Page 1 of 1

In the United States Court of Federal Claims
No. 05-881C (Filed March 23, 2006) *********************** * COMMERCE FUNDING CORP., * * Plaintiff, * * v. * * THE UNITED STATES, * * Defendant. * * *********************** ORDER The Court has reviewed plaintiff's motion for leave to amend its complaint, as well as defendant's opposition and the papers relating to defendant's motion for partial dismissal. While the Court finds it peculiar that plaintiff apparently chose to not submit a reply to support its motion for leave, the Court nevertheless GRANTS plaintiff's motion. The death of one of plaintiff's key employees, and the impact this had on its discovery or appreciation of certain facts, constitute circumstances inclining the Court to permit the amendment. Thus, the amended complaint, document #9-5, shall be deemed filed. As a consequence, defendant's motion to partially dismiss is DENIED as moot.1 IT IS SO ORDERED.

/s/ Victor J. Wolski VICTOR J. WOLSKI Judge

Any analysis concerning whether, under notice pleading, plaintiff's allegations support recovery under contract, takings, or exaction principles is accordingly deferred.

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