Steinberg v. United States

90 Fed. Cl. 435, 2009 WL 4263328
CourtUnited States Court of Federal Claims
DecidedNovember 24, 2009
DocketNo. 09-59 C
StatusPublished
Cited by22 cases

This text of 90 Fed. Cl. 435 (Steinberg 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
Steinberg v. United States, 90 Fed. Cl. 435, 2009 WL 4263328 (uscfc 2009).

Opinion

OPINION AND ORDER

HEWITT, Chief Judge.

Before the court is a Complaint, filed by plaintiff, Mr. Michael A. Steinberg (plaintiff or Mr. Steinberg), on February 2, 2009, asserting breach of contract against the government (government, United States or defendant) on the grounds of promissory estoppel. Compl. ¶2. Plaintiff seeks to recover travel costs incurred during his trip to Washington, DC, to attend the 2009 presidential inauguration ceremonies. Pl.’s Compl. ¶ 26. On April 3, 2009, defendant moved to dismiss Mr. Steinberg’s Complaint on the grounds that this court lacked jurisdiction to hear a claim of promissory estoppel. Mr. Steinberg submitted a Motion to Alow Plaintiff to Anend Complaint (plaintiffs Motion or Pl.’s Mot.), and attached an Amended Complaint (Anended Complaint or Am. Compl). Plaintiffs Motion and Amended Complaint were filed by leave of the court on April 29, 2009. Defendant filed its Opposition to Motion to Alow Plaintiff to Amend Complaint, and, in the Aternative, Motion to Dismiss (defendant’s Motion or Def.’s Mot.) on May 18, 2009. Plaintiff filed a Response to Defendant’s Motion to Dismiss (plaintiffs Response or Pl.’s Resp.) on August 6, 2009. Defendant’s Reply to Plaintiffs Response to Defendant’s Motion to Dismiss (defendant’s Reply or Def.’s Reply) was filed August 6, 2009.

I. Background

The following facts are taken from the Amended Complaint.1 The United States Congress established the Joint Congressional Committee on Inaugural Ceremonies (JCCIC) to coordinate and plan the inauguration of the President-elect. Am. Compl. ¶ 7. Congress appropriated funds to pay for the swearing-in ceremony and to staff events connected with the ceremony. Id. ¶ 8.

Ater the election of President Obama, the JCCIC announced that it would distribute, to the general public, approximately 240,000 complimentary tickets to view the inauguration ceremonies. Id. ¶ 9. These tickets were available at no charge and interested parties could obtain tickets by contacting their Congressperson. See Pl.’s Mot. 3. Mr. Steinberg obtained two tickets from his Congressman for admission to the “Blue Section” of the reserved viewing area. Am. Compl. ¶ 13. After obtaining the tickets, Mr. Stein-berg traveled to Washington, DC to attend the inauguration and incurred travel expenses. Id. ¶ 12.

Mi\ Steinberg and his guest arrived at the designated “Blue Section” several hours before the inauguration ceremonies were scheduled to begin. Id. ¶ 14. They stood in line to enter into the designated “Blue Section,” [441]*441but were eventually refused admittance. Id. ¶¶ 15-16. Plaintiff asserts that he was never told by the JCCIC that there was a possibility that he and his guest might not be admitted into the designated viewing section. Id. ¶ 17.

Mr. Steinberg asserts that the JCCIC knew that many ticket holders would be unable to be admitted to the inauguration ceremonies and that the JCCIC had a contractual duty to advise him of this fact publicly before he incurred the expense of traveling to Washington. Id. ¶ 22. Plaintiff asserts that if the JCCIC had advised him that many ticket holders would not be admitted to the inauguration ceremonies, he could have made an educated decision whether to incur traveling expenses. Id. Plaintiff asserts that the JCCIC breached a contractual duty it owed to him by failing to disclose known facts, which plaintiff detrimentally relied on and which defendant knew or should have known would be material to plaintiff in determining whether to incur travel expenses. Id. ¶¶ 23, 25.

Plaintiffs Complaint asserts that he is bringing suit “for breach of contract, under the theory of Promissory Estoppel.” Compl. ¶ 2. Plaintiff revised this statement in his Amended Complaint to read, “This is an action for breach of contract.” Am. Compl. ¶ 2. However, plaintiffs Complaint and plaintiffs Amended Complaint are substantially the same.2

Plaintiffs Amended Complaint suffers from the fundamental defect, that although Mr. Steinberg has re-labeled his promissory estoppel claim as a claim for breach of contract, Am. Compl. ¶ 2, his factual assertions remain the same in substance. For the following reasons, defendant’s Motion is GRANTED and plaintiffs claim is DISMISSED.

II. Legal Standards

A. Jurisdiction

The jurisdiction of the United States Court of Federal Claims is set forth in the Tucker Act, 28 U.S.C. § 1491 (2006). This court has jurisdiction over “any claim against the United States founded either upon the Constitution, or any Act of Congress or any regulation of an executive department, or upon any express or implied contract with the United States.” Id. § 1491(a)(1).

The Tucker Act provides the waiver of sovereign immunity necessary to sue the United States for money damages, but the plaintiff must establish an independent substantive right to money damages from the United States, that is, a money-mandating [442]*442source within a contract, regulation, statute, or constitutional provision itself, in order for the case to proceed. See United States v. Testan, 424 U.S. 392, 398, 96 S.Ct. 948, 47 L.Ed.2d 114 (1976). As stated by the United States Court of Appeals for the Federal Circuit, the alleged source of the substantive right to money damages must be “reasonably amenable to the reading that it mandates a right of recovery in damages. While the premise to a Tucker Act claim will not be ‘lightly inferred,’ ... a fair inference will do.” Fisher v. United States, 402 F.3d 1167, 1174 (Fed.Cir.2005) (quoting United States v. White Mountain Apache Tribe, 537 U.S. 465, 473, 123 S.Ct. 1126, 155 L.Ed.2d 40 (2003)).

The burden of proof for establishing jurisdiction is borne by the plaintiff. McNutt v. Gen. Motors Acceptance Corp., 298 U.S. 178, 189, 56 S.Ct. 780, 80 L.Ed. 1135 (1936); Russell v. United States, 78 Fed.Cl. 281, 285 (2007). If defendant challenges jurisdictional facts, plaintiff must support them with “competent proof.” McNutt, 298 U.S. at 189, 56 S.Ct. 780. The plaintiff bears the burden to show by a preponderance of the evidence that jurisdiction is proper. Reynolds v. Army & Air Force Exch. Serv., 846 F.2d 746, 748 (Fed.Cir.1988). Jurisdiction is a threshold matter and a case can proceed no further if the court lacks jurisdiction to hear it. Steel Co. v. Citizens for a Better Env’t, 523 U.S. 83, 94, 118 S.Ct. 1003, 140 L.Ed.2d 210 (1998).

B. Motion to Dismiss

Defendant moves to dismiss plaintiffs Amended Complaint pursuant to Rule 12(b)(1) and Rule 12(b)(6) of the Rules of the Court of Federal Claims (RCFC). Def.’s Mot. 1. Rule 12(b)(1) provides for dismissal of a claim based on a “lack of subject-matter jurisdiction.” RCFC 12(b)(1).

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Cite This Page — Counsel Stack

Bluebook (online)
90 Fed. Cl. 435, 2009 WL 4263328, Counsel Stack Legal Research, https://law.counselstack.com/opinion/steinberg-v-united-states-uscfc-2009.