Griswold v. United States

61 Fed. Cl. 458, 2004 U.S. Claims LEXIS 188, 94 Fair Empl. Prac. Cas. (BNA) 287, 2004 WL 1709037
CourtUnited States Court of Federal Claims
DecidedJuly 30, 2004
DocketNo. 03-412 C
StatusPublished
Cited by65 cases

This text of 61 Fed. Cl. 458 (Griswold v. United States) is published on Counsel Stack Legal Research, covering United States Court of Federal Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Griswold v. United States, 61 Fed. Cl. 458, 2004 U.S. Claims LEXIS 188, 94 Fair Empl. Prac. Cas. (BNA) 287, 2004 WL 1709037 (uscfc 2004).

Opinion

OPINION AND ORDER

HEWITT, Judge.

This case was filed in this court on February 21, 2003 and thereafter transferred to the United States District Court for the Western District of Michigan under 28 U.S.C. § 1631 (2000) pursuant to this court’s Order of June 19, 2003. On October 15, 2003, the District Court for the Western District of Michigan ordered that this case be transferred back to this court, also pursuant to 28 U.S.C. § 1631, and the case was reopened on December 30, 2003. Now before the court is Plaintiffs’ Motion for Reconsideration. The motion was filed in response to this court’s Order of March 12, 2004, directing plaintiffs to move for reconsideration of this court’s “decision dated June 19, 2003 (finding an absence of jurisdiction in this court to consider plaintiffs complaint),” “[i]n light of the opinion of the District Court for the Western District of Michigan dated October 15, 2003 (concluding that it must transfer the proceedings back to this court because it lacked jurisdiction).” Order of Mar. 12, 2004. The parties’ briefing is complete.1 For the following reasons, the court DENIES plaintiffs’ motion. The case shall be transferred to the District Court for the Western District of Michigan because this court finds that it lacks jurisdiction.

I. Background

On February 21, 2003, plaintiffs filed suit in the United States Court of Federal Claims alleging that the United States breached the agreements with each of them (Settlement Agreements) settling plaintiffs’ claims against the United States Postal Service (USPS) for race discrimination in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e-2000e-17 (2000). See Complaint (Compl.) ¶¶ 1-4. Plaintiffs allege that “[djefendant has refused or neglected to hon- or the terms of the [Settlement] Agreements] and has specifically breached paragraphs five (5) and six (6) of the [Settlement] Agreements.” Compl. ¶ 17. Paragraphs five and six of the respective Settlement Agreements 2 state:

(5) The Postmaster General agrees that the Plaintiff shall have the right to be considered for and shall be eligible for future employment with the United States Postal Service and nothing in her past employment with the United States Postal Service shall affect such eligibility. Her right to take the Civil Service exam and be considered for employment by the United States Postal Service shall be equal to all other persons who take the exam.
(6) The United States Postal Service will notify William F. Piper, Esquire, of the date and time of the next civil service exam.

Compl. Ex. 1 ¶¶ 5-6 (Settlement Agreement with Ruthie Griswold); Compl. Ex. 2 ¶¶ 5-6 [460]*460(Settlement Agreement with Irma Coleman). In particular, plaintiffs assert that in contravention of paragraphs five and six of the Settlement Agreements, “[d]efendant has never notified [plaintiffs’ counsel] William F. Piper of exam times and locations,” Compl. ¶¶ 10, 12, and plaintiffs complain that, “[u]pon information and beliefi,] at least one, and most likely several, opportunities to take the exam ha[ve] expired,” id. ¶ 13. Plaintiffs claim that they “have been damaged by [d]efendant’s breach because [they] would have taken and passed the [civil service] exam and returned to work for the United States Postal Service,” id. ¶ 18, and seek “a judgment in their favor, to include all compensatory [damages], in an amount equal to what the plaintiffs would have earned had they become employed by the Post Office as if they had taken and passed the first exam in question, and incidental damages, attorneys fees, costs, all recoverable interest and any other relief ... deem[ed] fair and just, including all appropriate equitable orders of instatement, future notice, test access, front pay and other appropriate equitable relief and orders,” id. at 3.

By Order dated June 19, 2003, this court transferred this action, pursuant to 28 U.S.C. § 1631, to the United States District Court for the Western District of Michigan on the ground that this court does not possess jurisdiction to entertain breach of contract actions premised upon Title VII settlement agreements.

On October 15, 2003, this case was transferred back from the United States District Court for the Western District of Michigan. In its Opinion dated October 15, 2003, Griswold v. Potter, No. 03-429 (W.D.Mich. Oct. 15, 2003) (Transfer Opinion), the district court stated that, consistent with the Supreme Court’s instruction in Kokkonen v. Guardian Life Insurance Co. of America, 511 U.S. 375, 114 S.Ct. 1673, 128 L.Ed.2d 391 (1994), “there must be some independent basis for [the district court] to enforce the settlement agreements.” Transfer Opinion at 4. The district court further stated that “a settlement agreement does not provide an independent basis for federal jurisdiction merely because the underlying claims were federal question claims.” Id. at 5. Finding that “[plaintiffs’ claims are straight breach of contract claims, and [that] nothing in those claims suggests that a court would be required to interpret or apply the provisions of Title VII in determining whether [defendant breached the settlement agreements by not informing [plaintiffs of the time and date of the next Civil Service Exam,” id. at 6, the district court determined that it' does not have jurisdiction over plaintiffs’ claims, id. at 8-9 (citing Langley v. Jackson State Univ., 14 F.3d 1070 (5th Cir.1994) and Morris v. City of Hobart, 39 F.3d 1105 (10th Cir.1994)). Noting that its jurisdiction over this contract action would be proper under the Little Tucker Act, 28 U.S.C. §§ 1346(a)(2) (2000), “only if [plaintiffs’ claims do not exceed $10,000,” the district court concluded that it lacked jurisdiction based on the parties’ representations that plaintiffs’ claims “are far in excess of $10,000.” Transfer Opinion at 10. Accordingly, the district court ordered a transfer of this action back to this court pursuant to 28 U.S.C. § 1631, to “serve the interest of justice.” Id. at 11.

II. Discussion

A. Standard of Review

Rule 59(a)(1) of the Rules of the United States Court of Federal Claims (RCFC) permits, on motion by a party, reconsideration of any issue “for any of the reasons established by the rules of common law or equity applicable as between private parties in the courts of the United States.” On reconsideration of an issue pursuant to Rule 59, “the court may ...

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Cite This Page — Counsel Stack

Bluebook (online)
61 Fed. Cl. 458, 2004 U.S. Claims LEXIS 188, 94 Fair Empl. Prac. Cas. (BNA) 287, 2004 WL 1709037, Counsel Stack Legal Research, https://law.counselstack.com/opinion/griswold-v-united-states-uscfc-2004.