Abrantes v. United States
Case Details
- Judge(s)
- Patricia E. Campbell-Smith
- Status — whether other courts must follow this ruling
- Published
- Procedural Posture — the stage the case had reached
- motion to dismiss
- State
- District of Columbia
- Circuit
- Federal Circuit
Related Laws
No specific laws identified for this ruling.
Claim Types
Outcome
The Court of Federal Claims denied the government's motion to dismiss, holding that Border Patrol agents stated a plausible claim under the BPAPRA and Back Pay Act for failure to timely pay wages and overtime during the December 2018 government shutdown.
Excerpt
REPORTED OPINION denying Motion to Dismiss - Rule 12(b)(1) and (6). On or before 2/12/2021, defendant is directed to FILE an answer or otherwise respond to plaintiffs' complaint and on or before 2/12/2021, the parties are directed to CONFER and FILE a Joint Status Report informing the court of their positions on the consolidation of this case with any other matters before the court. Signed by Judge Patricia E. Campbell-Smith. (mp) Service on parties made. Modified font of text on 12/13/2020 Keywords re: Reported Order on Motion to Dismiss. Motion to Dismiss RCFC 12(b)(6) Border Patrol Agent Pay Reform Act, 5 U.S.C. § 5550 Back Pay Act, 5 U.S.C. § 5596 Anti-Deficiency Act (ADA), 31 U.S.C. §§ 1341-42 Government Employees Fair Treatment Act of 2019 (GEFTA) Pub. L. No. 116-1, 133 Stat. 3 (2019).
What This Ruling Means
This summary was generated to explain the ruling in plain English and is not legal advice.
Similar Rulings
REPORTED MEMORANDUM OPINION AND ORDER granting Government's Motion for Partial Summary Judgment on Appropriations Caps denying [46] Plaintiffs' Motion for Partial Summary Judgment on Appropriations Caps and denying as moot [42] Government's Motion for Partial Summary Judgment on Appropriations Caps. Signed by Judge Lydia Kay Griggsby. (jp) Service on parties made.
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