Court Rulings

In this appeal arising out of the parties' divorce, the Husband raises issues pertaining to the court's classification, valuation, and division of the marital estate, as well as the court's award of attorney's fees to Wife. Upon our review, we vacate those parts of the judgment that awarded a lien on real property belonging to LLCs in which Husband had 100 percent ownership interest as well as an award to Wife of an interest in a contingent contractual claim against the United States Government that is an asset of an LLC in which Husband had 100 percent ownership interest. Additionally, in light of this Court's determination that the contractual claim is an asset of an LLC owned 100 percent by Husband, we conclude that the record requires the court to reconsider the valuation of the parties' business interests in the LLC that has the contractual claim. Although the trial court must necessarily consider the impact that the contractual claim has on the parties' net marital business interests, we note that the court's current calculations, which are divorced from a proper consideration of the impact of the contractual claim, overvalued the net marital business interests based upon its own findings. In light of the fact that the case is being remanded for further consideration of the valuation of the parties' net marital business interests, we also vacate the trial court's equitable division of the estate and its award of attorney's fees to Wife and remand for further consideration. We also decline to award Wife her attorney's fees on appeal. The balance of the judgment is affirmed.

REPORTED OPINION granting in part partial dismissal as to plaintiff's retaliation claim (Count II) and denying in part [32] Motion for Summary Judgment as to plaintiff's EPA claim (Count I). Pursuant to RCFC 54(b), as there is not just reason for delay, the clerk's office is directed to ENTER judgment DISMISSING Count II of plaintiff's complaint for lack of subject matter jurisdiction, without prejudice. On or before 12/4/2020, the parties are directed to CONFER and FILE a Joint Status Report. The status report shall state whether settlement is a feasible option in this case or whether the parties intend to file any additional dispositive motions. If dispositive motions are to be filed, the status report shall set forth a proposed schedule in that regard. If neither settlement nor dispositive motions are viable, the parties shall set forth a proposed schedule for the exchanges required by Appendix A, paragraph 13 and the filings required by paragraphs 14 through 17. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made.