GENERAL MILLS, INC. AND SUBSIDIARIES v. USA, No. 1:2014cv00089 - Document 35 (Fed. Cl. 2015)

Court Description: REPORTED OPINION granting 12 Motion to Dismiss - Rule 12(b)(1). Joint Preliminary Status Report due by 11/6/2015.Signed by Chief Judge Patricia E. Campbell-Smith. (sh) Copy to parties. ((1) Errata - Issued on 10/14/2015) (jt1).
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GENERAL MILLS, INC. AND SUBSIDIARIES v. USA Doc. 35 Att. 1 In The United States Court of Federal Claims (E-Filed: No. 14-89T October 14, 2015) ) ) ) ) ) ) ) ) ) ) ) ) GENERAL MILLS, INC. AND SUBSIDIARIES, Plaintiff, v. THE UNITED STATES, Defendant. ERRATA Please make the following correction to the opinion filed today, October 14, 2015, ECF No. 35. On page 27, the final paragraph starting with “Thus, the court finds . . . ” should be replaced with the following paragraphs: Thus, the court finds that it lacks jurisdiction over the claims in plaintiff’s original complaint filed January 30, 2014. Defendant’s motion to dismiss is GRANTED. The following paragraphs within each count of plaintiff’s first amended complaint,1 filed August 3, 2015, ECF No. 22, are DISMISSED: (1) paragraphs 67–82 of Count 1; (2) paragraphs 96-112 of Count 2 (Count 2 in its entirety); (3) paragraphs 114–129 of Count 3; (4) paragraphs 134–149 of Count 4; and (5) paragraphs 155–170 of Count 5. Defendant’s motion to dismiss was fully briefed on December 18, 2014, prior to the filing of plaintiff’s first amended complaint. For that reason, the citations in this opinion follow the practice of the parties’ briefing and reference the original complaint. 1 1 As plaintiff raised two additional claims in its first amended complaint, the parties shall file a joint preliminary status report addressing the interest netting and competent authority claims on or before Friday, November 6, 2015. IT IS SO ORDERED. s/ Patricia E. Campbell-Smith PATRICIA E. CAMPBELL-SMITH Chief Judge 2