Free Published Opinion/Order - District Court of Federal Claims - federal

Case 1:97-cv-00187-FMA

Document 218

Filed 10/06/2004

Page 1 of 1

In The United States Court of Federal Claims
Nos. 97-187C, 01-148C (Filed: October 6, 2004) __________ HEALTH INSURANCE PLAN OF GREATER NEW YORK, INC., Plaintiff, v. THE UNITED STATES, Defendant. * * * * * * * * * * __________ ORDER __________ Based on the opinion filed in this case on August 31, 2004, as well as the parties' joint report on damages filed on September 20, 2004, the Clerk is ordered to enter judgment for the plaintiff in this case for: 1. $7,814,283, plus statutory interest under 41 U.S.C. § 611, from January 14, 1997; and $1,313,897, plus statutory interest under 41 U.S.C. § 611, from February 15, 2001.

2.

In the court's view, neither 41 U.S.C. § 611, 5 U.S.C. § 8909(c), nor any other provision of law, waives the sovereign immunity of the United States to provide for interest on the adjustments this court has previously directed be made to the OPM administrative reserve account and plaintiff's contingency reserve account. Accordingly, no interested is awarded or otherwise directed to be awarded with respect to those amounts. No costs. IT IS SO ORDERED. s/Francis M. Allegra Francis M. Allegra Judge