context: It is unclear what precisely plaintiff is alleging, but in any event this "claim" is not properly before the court. A plaintiff cannot keep his ease alive through bait-and-switch, luring the defendant into moving for summary judgment on one claim, only then to assert an entirely different claim.
citation_a.signal: cf.
citation_a.identifier: 72 Fed.Cl. 426, 431-32
citation_a.parenthetical: holding that a plaintiff cannot avoid dismissal under RCFC 12(b)(6) by asserting a new claim
citation_a.sentence: See Crawford v. United States, 179 Ct.Cl. 128, 376 F.2d 266, 276 (1967) (holding that a claim not pleaded in the “petition” (i.e. the complaint) was “not properly before the court” on a motion for summary judgment); cf. Redland Co., Inc. v. United States, 97 Fed.Cl. 736, 756 (2011) (declining to consider a claim for relief not contained in the plaintiffs complaint and first raised in plaintiffs motion for summary judgment); Michels v. United States, 72 Fed.Cl. 426, 431-32 (2006) (holding that a plaintiff cannot avoid dismissal under RCFC 12(b)(6) by asserting a new claim).
citation_b.signal: see
citation_b.parenthetical: holding that a claim not pleaded in the "petition" (i.e. the complaint) was "not properly before the court" on a motion for summary judgment
citation_b.sentence: See Crawford v. United States, 179 Ct.Cl. 128, 376 F.2d 266, 276 (1967) (holding that a claim not pleaded in the “petition” (i.e. the complaint) was “not properly before the court” on a motion for summary judgment); cf. Redland Co., Inc. v. United States, 97 Fed.Cl. 736, 756 (2011) (declining to consider a claim for relief not contained in the plaintiffs complaint and first raised in plaintiffs motion for summary judgment); Michels v. United States, 72 Fed.Cl. 426, 431-32 (2006) (holding that a plaintiff cannot avoid dismissal under RCFC 12(b)(6) by asserting a new claim).