Free Order on Motion to Dismiss - Rule 12(b)(1) - District Court of Federal Claims - federal

Case 1:07-cv-00815-TCW

Document 15

Filed 06/30/2008

Page 1 of 1

In the United States Court of Federal Claims
No. 07-815C (Filed: June 30, 2008) ***************************************** * * CALL HENRY, INC., * * Plaintiff, * * v. * * THE UNITED STATES, * * Defendant. * * ***************************************** * ORDER Plaintiff Call Henry, Inc., filed its five-count Complaint on November 21, 2007, asserting claims for breach of contract, breach of implied covenant of good faith and fair dealing, breach of implied duty to disclose superior knowledge, constructive change, and breach of implied warranty to provide accurate information. Defendant filed a Partial Motion to Dismiss on March 7, 2008, arguing that, with the exception of the breach of contract claim, Plaintiff's claims should be dismissed pursuant to RCFC 12(b)(1) and 12(b)(6). On June 27, 2008, the parties filed a Joint Motion to Voluntarily Dismiss Counts II through V without prejudice. For good cause shown, the motion is GRANTED and the Clerk is directed to dismiss Counts II through V of Plaintiff's Complaint without prejudice. Defendant's Partial Motion to Dismiss is DENIED AS MOOT and the July 1, 2008 oral argument is cancelled. Defendant shall file it Answer to Count I of the Complaint on or before July 18, 2008. IT IS SO ORDERED. s/ Thomas C. Wheeler THOMAS C. WHEELER Judge