Muscogee (Creek) Nation of Oklahoma v. U.S. Dismissed Under U.S. v. Tohono O’Odham Nation

The order from the Court of Federal Claims is here.

By statute this court lacks jurisdiction over any suit “for or in respect to” claims that are pending in another court. Defendant’s Motion to Dismiss contends that plaintiff’s previously-filed district court complaint shares substantially the same operative facts as this, the second-filed action. For the following reasons, because plaintiff’s district court litigation was pending at the time the instant matter was filed, and was “for or in respect to the same claim,” applying 28 U.S.C. § 1500 (2006) as recently clarified by United States v. Tohono O’Odham Nation, 131 S. Ct. 1723 (2011), defendant’s Motion is GRANTED.

The Appendix, included in the order, gives a side by side comparison of the two claims.