Robert Curtis v. United States

NOTE: Pursuant to Fed. Cir. R. 47.6, this disposition is
not citable as precedent. It is a public record.
United States Court of Appeals for the Federal Circuit
05-5121
ROBERT CURTIS,
Plaintiff-Appellant,
v.
UNITED STATES,
Defendant-Appellee.
__________________________
DECIDED: November 14, 2005
__________________________
Before NEWMAN, MAYER, and BRYSON, Circuit Judges.
PER CURIAM.
Robert Curtis appeals the order of the United States Court of Federal Claims,
Curtis v. United States, No. 03-CV-1247 (Fed. Cl. Apr. 14, 2005), dismissing his
complaint under Rule 41 of the Rules of the Court of Federal Claims (RCFC) for “failure
. . . to prosecute or to comply with these rules or any order of court,” RCFC 41(b). The
real party in interest in this case is Curtis, Ltd., which existed at the time the contracts at
issue were entered into, and not Curtis in his individual capacity. Therefore,
representation by counsel in the Court of Federal Claims was required. See RCFC

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83.1(c)(8). Curtis could not substitute himself as a successor-in-interest as to claims of
Curtis, Ltd. against the United States because the Assignment of Claims Act invalidates
such transfers. 31 U.S.C. § 3727. Furthermore, Curtis’ claim is derivative in nature and
therefore must be brought in the name of the corporation. The trial court’s order that
Curtis either be represented by counsel as a shareholder of Curtis, Ltd., or substitute
Curtis, Ltd. as plaintiff to be represented by its own counsel, was proper. His failure to
comply with the order violated RCFC 41(b). Accordingly, we affirm.
05-5121 2

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