BURLEY v. USA, No. 1:2018cv00934 - Document 19 (Fed. Cl. 2019)

Court Description: OPINION granting 10 Motion to Dismiss - Rule 12(b)(1) and (6); denying as moot 15 Motion for Summary Judgment; denying as moot 15 Motion for Default Judgment. The clerk's office is directed to DISMISS plaintiff's complaint and ENTER final judgment for defendant, as follows: all of the claims in the complaint, except for the breach of fiduciary duty claim, shall be dismissed for lack of subject matter jurisdiction, without prejudice; plaintiff's breach of fiduciary duty claim shall be dismissed for failure to state a claim upon which relief can be granted, with prejudice; and No costs. Signed by Judge Patricia E. Campbell-Smith. (jt1) Service on parties made.