United States District Court, N.D. Indiana, Fort Wayne Division
JACKIE S. BENNETT, Plaintiff,
JAMES CRANE, et al., Defendants.
OPINION AND ORDER
Collins United States Magistrate Judge
the Court is a motion filed by Plaintiff Jackie S. Bennett
(“Bennett”), seeking leave of Court to file a
third amended complaint in this case. (DE 66). On February
21, 2019, Defendant the United States of America (the
“Government”) objected to Bennett's motion on
the basis of undue delay and futility. (DE 67). Bennett did
not file a reply, and her time to do so has passed. N.D. Ind.
L.R. 7-1(d)(2)(B). For the reasons discussed below,
Bennett's motion to amend will be denied.
filed the initial complaint in this case on December 16, 2016
(DE 1), and a second amended complaint on April 6,
December 24, 2018, Bennett filed a motion seeking leave to
amend her complaint a third time. (DE 60). The Government
filed a response objecting to Bennett's motion to amend.
(DE 62). Bennett did not file a reply; rather, she filed a
motion seeking leave to amend her motion to amend complaint
(DE 64), in which she alleged for the first time a claim to
recover $848.97 pursuant to the Tucker Act, 28 U.S.C. §
1491, and Little Tucker Act, 28 U.S.C. § 1346. (DE 64 at
Court denied both of Bennett's motions on procedural
grounds. (DE 65). However, the Court afforded Bennett the
opportunity to file a motion seeking leave to file a third
amended complaint (DE 65), and Bennett did so on February 7,
2019 (DE 66). In the instant motion, Bennett seeks leave to
amend Count III of her complaint to allege a claim under the
Tucker Act and the Little Tucker Act. (DE 66 at 4).
COMPLAINT ALLEGATIONS 
complaint alleges that Bennett worked as a Sales and
Service/Distribution Agent at the United States Post Office
in Monroeville, Indiana. (DE 1 at 3). Bennett resigned from
her position on January 24, 2014. (DE 1 at 3).
February 24, 2014, Postmaster Denise Antinnucci sent a letter
to Bennett, stating that a shortage of approximately $848.97
had been discovered at the Monroeville Post Office following
Bennett's departure. (DE 1 at 3). Bennett alleged that
the letter demanded repayment of the alleged shortage and
implied that criminal charges would be brought if Bennett
failed to comply. (DE 1 at 3). Bennett refuted the
allegation in Antinnucci's letter but ultimately paid the
United States Postal Service $848.97. (DE 1 at 3).
was later arrested on charges related to the alleged
shortage. (DE 1 at 4). After an audit of the Monroeville post
office in December 2019, Postmaster Krista Carr stated that
the “office [was] in terrible shape, ” and
advised that there had never been a shortage of $848.97. (DE
1 at 5). Postmaster Carr went on to recommend that Bennett be
reimbursed the $848.97 and receive an apology. (DE 1 at 5).
To date, Bennett has not received a reimbursement. (DE 66-1
seeks to amend her complaint to assert the following claim in
60. Plaintiff paid over to the USPS, upon demand from
Defendant Antinnucci, her personal funds for a debt she did
61. Defendant, USPS, demanded return of allegedly
misappropriated postal funds, which remedy, in cases of
actual embezzlement, is available to the USPS under 18 U.S.
Code § 1711, but no embezzlement occurred in this case.
62. Plaintiff, pursuant to the Tucker Act, 28 U.S.C.A. §
1491, demands, and has demanded, return of the $848.97 and
for prejudgment interest, due to the improper ...