time a complaint is filed in the Claims Court or is subsequently brought in another court. 962 F.2d at 1021. Two lawsuits involve the same claim if they are based on the same operative facts. Id. at 1024. The purposes behind this firm rule are two-fold: 1) “to force an election of forum and [2] to prevent simul taneous dual litigation against the government____” Id. at 1021. While holding that dismissal is the appropriate disposition when a plaintiff forces the Government simultaneously to defend two suits, the Federal Circuit did not intimate whether such a dismissal should be with or without prejudice. A dismissal for lack of subject matter jurisdiction, however, typically signifies a dismissal without prejudice. See Scott Aviation v. United States, 953 F.2d 1377, 1378 (Fed.Cir.1992) (<HOLDING>). Plaintiff simultaneously filed suits in two
holding that wjithout jurisdiction the claims court cannot presume to dismiss the complaint with prejudice recognizing a trial courts inherent authority to dismiss a cause of action with prejudice for violations of court orders holding that the district court did not abuse its discretion in dismissing a complaint with prejudice based on the plaintiffs failure to amend the complaint by the deadline imposed by the court holding that a district court has discretion to dismiss claims with prejudice because of a plaintiffs various procedural violations recognizing that one of those conditions for a district judge to grant leave to amend the complaint may properly be that claims contained in the original complaint but not included in the amended complaint be considered dismissed with prejudice 