After a threshold jurisdictional question was raised and answered in a series of opinions, plaintiff was ordered reinstated by Administrative Judge Sandra J. Squire on April 21, 1994. The basis of the order of reinstatement was that the agency had failed to provide plaintiff with adequate procedural protections before terminating him. There was another series of appeals before the MSPB, first by the agency and later by the plaintiff who alleged that the department had failed to abide by the MSPB's reinstatement order. He no longer works for the Department of the Interior. Plaintiff also attached various documents to his Complaint.
Defendants base their motion to dismiss on two grounds.
Generally, the court must accept as true the facts alleged in the complaint and must draw all reasonable inferences from those facts in the light most favorable to the plaintiff. In this case, defendant contends that some of plaintiff's claims are untimely. Corp. v. White Consol. In addition, defendants have challenged this Court's subject matter jurisdiction with respect to plaintiff's appeal from the MSPB decision. See Defendants' Ex. 4, attached to Defendants' Motion to Dismiss.