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Keywords

plaintiffdefendantjurisdictionmotionmotion to dismiss

plaintiffjurisdictionmotion

Related Cases

Former Employees of LTV Steel Co. v. U.S., Not Reported in F.Supp., 11 C.I.T. 522, 1987 WL 13885, 9 ITRD 1146

Facts

Melanie Housty, representing former employees of LTV Steel Co., sought review of the Secretary of Labor's denial of trade adjustment assistance certification. The Secretary's determination was published on October 10, 1986, and the plaintiffs were informed of the need to pay a $25.00 filing fee. Despite being warned, the plaintiffs did not remit the fee or provide proof of mailing for a previous letter, leading to the dismissal of their action.

In her letter to the Clerk, Ms. Housty referred to a prior letter, dated October 12, 1986, in which she had requested review of the Secretary's negative determination.

Issue

Did the court have jurisdiction over the action brought by the plaintiffs, given their failure to comply with filing requirements?

Rule

The time requirements of 19 U.S.C. § 2395(a) and 29 C.F.R. § 90.19(a) are jurisdictional and require that an action be commenced within sixty days of the Secretary's determination publication.

The Federal Circuit has recently held that the time requirements of 19 U.S.C. § 2395(a) (1982) and 29 C.F.R. § 90.19(a) (1986) are jurisdictional.

Analysis

The court applied the jurisdictional rules to the facts, noting that the plaintiffs did not comply with the sixty-day requirement for commencing the action. The lack of proof of mailing for the October 12th letter and the failure to remit the filing fee were critical factors in determining that the action was time-barred.

Since there is no record of receipt of the October 12th letter, no proof of mailing by ordinary mail, and no indication that plaintiffs availed themselves of the exception for ‘date-of-mailing’ filing, the Clerk was correct to deem plaintiffs' ‘summons and complaint’ as first filed on March 23, 1987, the date of actual receipt of the March 20th letter.

Conclusion

The court granted the defendant's motion to dismiss for lack of jurisdiction, concluding that the action was time-barred due to the plaintiffs' failure to comply with the necessary filing requirements.

In light of the foregoing, this action is hereby dismissed.

Who won?

Defendant prevailed in the case because the court found that the plaintiffs did not meet the jurisdictional requirements for filing their action.

This Court granted a motion by the United States to dismiss in Former Employees of Badger Coal Co. v. United States, 10 CIT 693, ——, 649 F. Supp. 818, 819 (1986).

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