Thomas v. United States

40 Cont. Cas. Fed. 76,870, 34 Fed. Cl. 619, 1995 U.S. Claims LEXIS 222, 1995 WL 700526
CourtUnited States Court of Federal Claims
DecidedNovember 22, 1995
DocketNo. 95-290C
StatusPublished
Cited by3 cases

This text of 40 Cont. Cas. Fed. 76,870 (Thomas 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
Thomas v. United States, 40 Cont. Cas. Fed. 76,870, 34 Fed. Cl. 619, 1995 U.S. Claims LEXIS 222, 1995 WL 700526 (uscfc 1995).

Opinion

ORDER

MILLER, Judge.

This matter is before the court on defendant’s motion to dismiss the complaint pursuant to RCFC 12(b).1 The issue to be resolved is whether plaintiff has raised in a timely manner claims related to the lease of a Post Office facility. Argument is deemed unnecessary.

FACTS

The following facts are undisputed, unless otherwise noted. On August 19, 1985, the United States Postal Service (the “USPS”) advertised for bids to lease existing space in Spottswood, Virginia. William W. Thomas, Jr. (“plaintiff’), submitted the only responsive proposal, which the USPS accepted. On November 18, 1985, plaintiff signed an Agreement To Lease, which was accepted by the USPS, on December 27, 1985. Thereafter, the USPS accepted a Modification of Agreement To Lease on November 12, 1986, and entered into the lease on November 17, 1986, for a 15-year period beginning October 1, 1986, with two 5-year renewal options.2

Although the parties disagree as to the circumstances surrounding formation and duration of the lease, they nevertheless do not disagree that the USPS paid rent on the premises for more than 8 years, including, at a minimum, the period from October 1,1986, until March 30,1994. Since the beginning of that period, plaintiff has challenged the validity of the lease due, in part, to alleged deficiencies associated with signage and the “parking configuration” requirements for the premises. Compl. filed Apr. 17,1995,1F1Í 3-5, 8. In a letter to then-Postmaster General Anthony Frank dated February 14, 1992, plaintiff demanded compliance with particular conditions of the lease and presented claims for actual damages in the amount of $61,349.23 and punitive damages in the amount of $750,000.00. Plaintiff further stated that if his demands were not met, he would require the USPS to vacate the premises effective March 1,1992.

In a letter dated February 25, 1992, to Thomas Coe of the Office of Postmaster General, plaintiff recounted their two telephone conversations of February 24, 1992, during which plaintiff’s demands in his February 14 letter apparently were discussed. According to plaintiff’s letter, he was “giving notice” that, if his earlier demands were not met and the USPS had not vacated the premises by March 1, 1992, effective as of that date the USPS would be treated as a tenant-at-will and charged rent of $100.00 per day. The March deadline passed without event.

Interpreting the February 14, 1992 letter as a claim, Chester R. Hansen, the USPS Contracting Officer on the contract, responded in a “final decision” letter dated February 28,1992.3 Mr. Hansen’s letter set forth both [621]*621the finality and appealability of the decision, as well as the 12-month limitations period during which legal action challenging the decision might be taken pursuant to the Contract Disputes Act of 1978, 41 U.S.C.A. § 605(a) (West Supp.1995) (the “CDA”). By letter of July 2, 1992, plaintiff responded to Mr. Hansen’s letter reiterating his view that the USPS occupied the premises as “Tenants at Suffrage since March 1, 1992 and will be charged $100 per day, payable to [plaintiff] ... effective that date.” Def.’s Br. filed Aug. 18, 1995, at App. 10. Plaintiff took no legal action, and the 12-month period expired.

The USPS continued to occupy the premises until at least March 80, 1994.4 By letter dated April 21, 1994, Marcus K. Nielsen, the new Contracting Officer, notified plaintiff that the USPS was terminating the lease effective April 1,1994, pursuant to provisions in the lease requiring the lessor to maintain the premises. Mr. Nielsen’s letter indicated the decision to terminate the lease was final and appealable to the Cotut of Federal Claims within 12 months. Plaintiff instituted this action on April 17, 1995, seeking back rent for the premises, lost rent for additional properties which allegedly could not be leased as a result of actions by the USPS, and compensation for lost property. Defendant moved to dismiss the complaint because plaintiff had not filed his complaint within 12 months after the USPS’ letter dated February 28, 1994. Plaintiff responded with a cross-motion, see supra note 1, asserting that his complaint was filed within 12 months of the USPS’ April 21, 1994 letter terminating the lease. In reply defendant contended that plaintiff did not file a complaint challenging cancellation of the lease within the required 12-month period; rather, the complaint sought damages relating to the tenaney-at-will for which plaintiff had not submitted a claim.

DISCUSSION

In ruling on defendant’s motion to dismiss, this court is “obligated to assume all factual allegations to be true and to draw all reasonable inferences in plaintiffs favor.” Henke v. United States, 60 F.3d 795, 797 (Fed.Cir.1995) (citing Scheuer v. Rhodes, 416 U.S. 232, 236-37, 94 S.Ct. 1683, 1686-87, 40 L.Ed.2d 90 (1974), and Catawba Indian Tribe v. United States, 982 F.2d 1564, 1568-69 (Fed.Cir.), cert. denied, — U.S.-, 113 S.Ct. 2995, 125 L.Ed.2d 689 (1993)). The non-moving party bears the burden of establishing jurisdiction. Reynolds v. Army & Air Force Exch. Serv., 846 F.2d 746, 748 (Fed.Cir.1988). In ruling on a motion to dismiss for lack of jurisdiction, the court is not confined to an examination of the complaint, but may take into account “evidentiary matters outside the pleadings.” Indium Corp. of America v. Semi-Alloys, Inc., 781 F.2d 879, 884 (Fed.Cir.1985), cert. denied, 479 U.S. 820, 107 S.Ct. 84, 93 L.Ed.2d 37 (1986).

As a pro se, plaintiff need not plead like a lawyer. Haines v. Kerner, 404 U.S. 519, 520-21, 92 S.Ct. 594, 595-96, 30 L.Ed.2d 652 (1972); Roche v. USPS, 828 F.2d 1555, 1558 (Fed.Cir.1987). A pro se complaint “must be held to ‘less stringent standards than formal pleadings drafted by lawyers.’ ” Estelle v. Gamble, 429 U.S. 97, 106, 97 S.Ct. 285, 292, 50 L.Ed.2d 251 (1976) (quoting Haines, 404 U.S. at 520-21, 92 S.Ct. at 595-96). Affording plaintiff this added benefit of doubt, the court has attempted to ascertain whether plaintiff “has a cause of action somewhere displayed,” Ruderer v. United States, 188 Ct.Cl. 456, 468, 412 F.2d 1285, 1292 (1969), cert. denied, 398 U.S. 914, 90 S.Ct. 1716, 26 L.Ed.2d 77 (1970), and has extended plaintiff all the latitude to which he is due.

1. Plaintiff’s claim for rent due

As the Federal Circuit recently held in Reflectone, Inc. v. Dalton,

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40 Cont. Cas. Fed. 76,870, 34 Fed. Cl. 619, 1995 U.S. Claims LEXIS 222, 1995 WL 700526, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thomas-v-united-states-uscfc-1995.