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2010-5044•5045, -5046, -5047, -5048, -5049, -5050, -5051, -5052, -5053, -5054, -5055, -5056,… v. United States
2010-5044Court of Appeals for the Federal CircuitMar 24, 2010
NOTE: This order is nonprecedential.
# United States Court of Appeals for the Federal Circuit
2010-5044, -5045, -5046, -5047, -5048, -5049, -5050,
-5051, -5052, -5053, -5054, -5055, -5056, -5057, -5058,
-5059, -5060, -5061, -5062, -5063, -5064, -5065, -5070
WILLIAM KOOPMANN,
Plaintiff,
and
MAURY ROSENBERG, GEORGE A. BLEYLE, JR., ROBERT C. SEITS,
RONALD L. BLASH, CHARLES M. ADAMS, DARRELL A. RADER,
JOHN W. TRAEGER, JR., WILLIAM A. MULLEN, NICHOLAS J. DICICCO,
GALE M. NELSON, THOMAS B. MEZGER, WESLEY P. FETZER,
MARK LUND, STEPHEN H. CHURCH, GAETAN A. PASSANNANTE,
DOUGLAS R. LUND, KENNETH N. OLSON, LESLIE A. KERO,
RICHARD W. MITCHELL, PROCTOR W. LUCIUS, JR., KEVIN L. DILLON,
PHILIP R. SIMON, and JOE GERKIN,
Plaintiffs-Appellants,
and
LOUIS J. BALESTRA, JR.,
Plaintiff,
V.
UNITED STATES,
Defendant-Appellee.
Appeals from the United States Court of Federal Claims in case no.
09-CV-333, Judge Lawrence J. Block.
Before MICHEL, Chief Judge, FRIEDMAN and LINN, Circuit Judges.
PER CURIAM.
ORDER
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Upon review of the above-captioned recently docketed appeals, we determine
that the appeals must be dismissed for lack of jurisdiction.
William Koopman, pro se, filed a complaint with the United States Court of
Federal Claims in which he also purported to represent approximately 160 other retired
United Airlines pilots. The United States moved to strike all named plaintiffs other than
Koopman and to dismiss all claims other than Koopman's own tax refund claim. The
Court of Federal Claims granted the motions. The court noted, inter alia, that Koopman
could not as a pro se individual represent the other plaintiffs but that the other plaintiffs
must represent themselves or be represented by counsel. The Court of Federal Claims
also granted the United States' motion that Koopman be required to provide a more
definite statement of his claims. No final judgment has been entered. Twenty-four
purported plaintiffs filed notices of appeal, seeking review of the Court of Federal
Claims' order. One of those plaintiffs subsequently withdrew his appeal. None of the
individuals paid the required docketing fee.
This court has jurisdiction to review a "final decision" of the Court of Federal
Claims. 28 U.S.C. § 1295(a)(3). Because the Court of Federal Claims has not issued a
final judgment or a judgment certified pursuant to Rule 54(b) of the Rules of the Court of
Federal Claims, we lack jurisdiction to review these appeals and they must be
dismissed. We also dismiss the appeals for failure to pay the docketing fees. Fed. Cir.
R. 52(d).
Accordingly,
IT IS ORDERED THAT:
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The above-captioned appeals are dismissed for lack of jurisdiction and for failure
to pay the docketing fees.
FOR THE COURT
MAR 2 4 2010
Date
/s/ Jan Horbaly
Jan Horbaly
Clerk
cc:
Maury Rosenberg
George A. Bleyle, Jr.
Robert C. Seits
Ronald L. Blash
Charles M. Adams
Darrell A. Rader
John W. Traeger, Jr.
William A. Mullen
Nicholas J. Dicicco
Gale M. Nelson
Thomas B. Mezger
Wesley P. Fetzer
Mark Lund
Stephen H. Church
Gaetan A. Passannante
Douglas R. Lund
Kenneth N. Olson
Leslie A. Kero
Richard W. Mitchell
Proctor W. Lucius, Jr.
Kevin L. Dillon
Philip R. Simon
Joe Gerkin
Christine D. Mason, Esq.
FILED
U.S. COURT OF APPEALS FOR
THE FEDERAL CIRCUIT
MAR 2 4 2010
JAN HORBALY
CLERK
$8
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