RoadsideImports LLC, and Johan Lumsden v. United States

Summary

The United States District Court for the District of Colorado denied Plaintiffs’ motion for partial reconsideration of an earlier order dismissing their claims and denying jurisdictional discovery. The Court held that discovery aimed at developing potential, unpleaded Takings Clause claims was unrelated to jurisdiction over the dismissed claims and would constitute an impermissible fishing expedition. The order also references the Federal Tort Claims Act’s detention-of-goods exception and sovereign immunity.

Holdings

1. Reconsideration was not warranted because Plaintiffs did not identify a mistake in the court's prior jurisdictional-discovery ruling and instead sought discovery to develop a different, unpleaded claim.
2. Jurisdictional discovery is not a vehicle for searching for jurisdictional facts supporting claims that have not been pleaded, particularly after the court has resolved jurisdiction over the pleaded claims.

Questions Presented

1. Whether reconsideration under Federal Rule of Civil Procedure 59(e) was warranted to permit jurisdictional discovery concerning potential claims that Plaintiffs had not pleaded.
2. Whether jurisdictional discovery may be used to search for facts supporting new claims after the pleaded claims have been dismissed and the jurisdictional issues concerning those claims have been resolved.

Disposition

other