Bank of America Corporation v. United States

W.D. North Carolina

Bank of America Corporation v. United States

CourtDistrict Court, W.D. North Carolina

DecidedSeptember 20, 2021

Docket3:17-cv-00546

StatusUnknown

This text of Bank of America Corporation v. United States (Bank of America Corporation v. United States) is published on Counsel Stack Legal Research, covering District Court, W.D. North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Bank of America Corporation v. United States, (W.D.N.C. 2021).

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NORTH CAROLINA CHARLOTTE DIVISION 3:17-cv-00546-RJC-DSC

BANK OF AMERICA CORPORATION, ) ) Plaintiff, ) ) vs. ) ) ORDER ) UNITED STATES OF AMERICA, ) ) Defendant. ) ____________________________________ )

THIS MATTER comes before the Court on the Judgement and Mandate of the United States Court of Appeals for the Federal Circuit1, which reversed this Court’s July 1, 2019 judgment, (Doc. No. 51), and remanded the case to this Court. Pursuant to the Federal Circuit’s decision in this case, this Court will VACATE its previous order. Considering the Federal Circuit’s holding—that the Court of Federal Claims, and not district courts, has exclusive jurisdiction over “stand-alone” overpayment interest claims exceeding $10,000 under 28 U.S.C. § 1346(a)(1)2—this Court GRANTS Defendant’s Motion to Change Venue to the Court of Federal Claims, (Doc. No. 32), for the nine claims at issue as summarized in Exhibit C to the Motion, (Doc. No. 34-3). Regarding the unaffected claims remaining in this case, this Court resets the deadline for Defendant to file its Answer to the Third Amended Complaint, (Doc. No. 29), to October 6, 2021. IT IS, THEREFORE, ORDERED that: 1. This Court’s July 1, 2019 order, (Doc. No. 51), is VACATED;

1 Bank of Am. Corp. v. United States, 964 F.3d 1099 (Fed. Cir. 2020). 2 Id. at 1109. 2. Defendant’s Motion to Change Venue to the Court of Federal Claims, (Doc. No. 32), for the nine claims related to overpayment interest exceeding $10,000 is GRANTED. These nine claims are severed from the present case and ORDERED TO BE TRANSFERRED to the United States Court of Federal Claims; and 3. The deadline for Defendant to file its Answer to the Third Amended Complaint, (Doc. No. 29), is reset to October 6, 2021. Signed: September 20, 2021

Otef$ 4 Cr Of Robert J. Conrad, Jr. oe United States District Judge “ee

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NORTH CAROLINA CHARLOTTE DIVISION 3:17-cv-00546-RJC-DSC

BANK OF AMERICA CORPORATION, ) ) Plaintiff, ) ) vs. ) ) ORDER ) UNITED STATES OF AMERICA, ) ) Defendant. ) ____________________________________ )

THIS MATTER comes before the Court on the Judgement and Mandate of the United States Court of Appeals for the Federal Circuit1, which reversed this Court’s July 1, 2019 judgment, (Doc. No. 51), and remanded the case to this Court. Pursuant to the Federal Circuit’s decision in this case, this Court will VACATE its previous order. Considering the Federal Circuit’s holding—that the Court of Federal Claims, and not district courts, has exclusive jurisdiction over “stand-alone” overpayment interest claims exceeding $10,000 under 28 U.S.C. § 1346(a)(1)2—this Court GRANTS Defendant’s Motion to Change Venue to the Court of Federal Claims, (Doc. No. 32), for the nine claims at issue as summarized in Exhibit C to the Motion, (Doc. No. 34-3). Regarding the unaffected claims remaining in this case, this Court resets the deadline for Defendant to file its Answer to the Third Amended Complaint, (Doc. No. 29), to October 6, 2021. IT IS, THEREFORE, ORDERED that: 1. This Court’s July 1, 2019 order, (Doc. No. 51), is VACATED;

1 Bank of Am. Corp. v. United States, 964 F.3d 1099 (Fed. Cir. 2020). 2 Id. at 1109. 2. Defendant’s Motion to Change Venue to the Court of Federal Claims, (Doc. No. 32), for the nine claims related to overpayment interest exceeding $10,000 is GRANTED. These nine claims are severed from the present case and ORDERED TO BE TRANSFERRED to the United States Court of Federal Claims; and 3. The deadline for Defendant to file its Answer to the Third Amended Complaint, (Doc. No. 29), is reset to October 6, 2021. Signed: September 20, 2021

Otef$ 4 Cr Of Robert J. Conrad, Jr. oe United States District Judge “ee

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Bank of America Corporation v. United States, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bank-of-america-corporation-v-united-states-ncwd-2021.

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