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Mavashev v. U.S. Attorney's Office for the E. Dist. of N.Y.

Tucker Act Required Breach Action To Be Filed in Court of Federal Claims

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MEMORANDUM AND ORDER On March 5, 2019, Plaintiff Michael Mavashev (“Michael” or “Mavashev”) brought an action in the Supreme Court of New York, Queens County, against the United States Attorney’s Office (the “Government”) by filing a complaint and an order to show cause¹ alleging breach of a settlement agreement that resolved forfeiture claims in an unrelated criminal proceeding. (ECF No. 1 at 15). The Government subsequently removed the action to this Court pursuant to 28 U.S.C. §1442(a)(1) and a provision of the settlement agreement, which provided that “[t]he District Court shall retain jurisdiction of this action to enforce this settlement.” (See Notice of Removal

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