Free Motion to Transfer - District Court of Federal Claims - federal

Case 1:06-cv-00507-LJB

Document 29

Filed 06/11/2007

Page 1 of 2

IN THE UNITED STATES COURT OF FEDERAL CLAIMS EUGENE DAVIS, Plaintiff, v. UNITED STATES OF AMERICA, Defendant. ) ) ) ) ) ) ) )

No. 06-507C Judge Bush

JOINT MOTION TO TRANSFER

Plaintiff, Eugene Davis, and the Defendant, United States, respectfully submit this motion for an order transferring this case back to the Federal District Court in Memphis, Tennessee. The parties also respectfully withdraw the previous motion to transfer, filed by Plaintiff on June 1, 2007, and Defendant's response thereto. The parties agree that this case should be transferred back to the district court upon the ground that this Court lacks jurisdiction because there are no money damages presently due and owing to Plaintiff. The Plaintiff is not yet sixty (60) years old, which is the date that Plaintiff claims he would start drawing retirement pay. In that regard, the Government states that, if this matter is transferred, it reserves the right to contest Plaintiff's contention that he will be entitled to retirement pay at age 60. Further, if this matter is transferred, the Government intends to raise any other defenses that it may deem appropriate, including, but not limited to, any available defenses relating to issues such as timeliness, and any defenses to the merits of Plaintiff's claim.

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Case 1:06-cv-00507-LJB

Document 29

Filed 06/11/2007

Page 2 of 2

Respectfully submitted, /s/ Phillip L. Davidson Phillip L. Davidson, #6466 2400 Crestmoor Road Suite 107 Nashville, Tennessee 37215 (615) 386-7115 Attorney for Plaintiff PETER D. KEISLER Assistant Attorney General JEANNE E. DAVIDSON Director /s/ Donald E. Kinner DONALD E. KINNER Assistant Director /s/ Richard P. Schroeder RICHARD P. SCHROEDER Trial Attorney Commercial Litigation Branch Civil Division Department of Justice 1100 L Street, N.W. Attn: Classification Unit 8th Floor Washington, D.C. 20530 Tel: (202) 305-7788 Attorneys for the Defendant Dated: June 8, 2007

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