Here is the opinion:
An excerpt:
Plaintiff Crow Creek Sioux Tribe filed this suit on December 29, 2005, seeking damages for Defendant’s breach of fiduciary duties and mismanagement of Plaintiff’s trust corpus. Almost 19 months earlier, on June 2, 2004, Plaintiff had filed a similar case against the Secretary of the Interior and the Secretary of the Treasury for declaratory and injunctive relief in the United States District Court for the District of Columbia. Crow Creek Sioux Tribe v. Norton, No. 1:04-cv-00900 (D.D.C.).
Defendant moves to dismiss Plaintiff’s complaint pursuant to Rule 12(b)(1) of the Rules of the United States Court of Federal Claims (“RCFC”) and 28 U.S.C. § 1500 (2006). As set forth below, Plaintiff’s District Court [2] action is “for or in respect to” the same claim as the instant action and was pending at the time this action was filed. The Court is therefore bound by § 1500 to dismiss Plaintiff’s action.
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