USCFC General Jurisdiction-Unreported

U.S. Court of Federal Claims Opinions
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14-1241 • BOWLES v. USA

Filed 07/31/2015
UNREPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1) and (6); denying as moot [14] Motion for Summary Judgment; denying as moot [15] Motion for Hearing; granting [3] Motion for Leave to Proceed in forma pauperis. The Clerk is directed to enter judgment. Signed by Judge Victor J. Wolski.

15-329 • COOK v. USA

Filed 07/31/2015
UNREPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1) and (6); granting [2] Motion for Leave to Proceed in forma pauperis. The Clerk is directed to enter judgment. Signed by Judge Victor J. Wolski.

15-225 • GAINES v. USA

Filed 07/31/2015
UNREPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1) and (6). The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler.

15-390 • MOODY v. USA

Filed 07/28/2015
UNREPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1) and (6)The Clerk is directed to enter judgment. The clerk's office is also directed to return plaintiff's "Amended Complaint" unfiled. Signed by Senior Judge Eric G. Bruggink.

14-958 • MOSQUEDA v. USA

Filed 07/24/2015
UNREPORTED OPINION: (1) denying Defendant's Partial Motion to Dismiss, Motion for Judgment Upon the Administrative Record, and Alternative Motion to Remand; and (2) granting [9] Plaintiff's Cross Motion for Judgment Upon the Administrative Record. Pursuant to RCFC 52.2 the case is remanded to the BCNR: (1) to calculate the amount of active duty back pay to which plaintiff is entitled, including taking the appropriate steps to determine whether, in the absence of the improper discharge, plaintiff was entitled to continued active duty pay status pursuant to 10 U.S.C. § 1176(a), or any applicable Navy regulation; and (2) were there entitlement to continued active duty status pursuant to 10 U.S.C. § 1176(a), to determine whether plaintiff was entitled to a transfer to the Fleet Reserve, and if so the amount of any back pay reserve compensation involved; and (3) to correct plaintiff's records pursuant to 28 U.S.C. § 1491(a)(2), in accord with this court's conclusions. Status Report due by 11/23/2015 and at the conclusion of each 90-day period thereafter until completion of the proceedings. Signed by Senior Judge James F. Merow.

15-9 • BAILEY v. USA

Filed 07/23/2015
UNREPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1); denying, as moot, [14] Motion to Appoint Counsel. The Clerk is directed to enter judgment. Signed by Judge Lynn J. Bush.

Keywords: re: Claim Contesting Special Separation Benefit Recoupment from Disability Compensation; 10 U.S.C. § 1174(h)(2)(2012); Exclusive Jurisdiction Lies in the Board of Veterans' Appeals.

15-419 • WATKINS v. USA

Filed 07/22/2015
UNREPORTED MEMORANDUM OPINION and FINAL ORDER granting Motion to Dismiss - Rule 12(b)(1) and (6). The Clerk is directed to enter judgment. Signed by Judge Susan G. Braden.

15-522 • BEDELL v. USA

Filed 07/22/2015
UNREPORTED OPINION denying as moot Motion to Dismiss - Rule 12(b)(1); granting [3] Motion for Leave to Proceed in forma pauperis. The Clerk is directed to enter judgment. Signed by Senior Judge Eric G. Bruggink.

15-598 • DAVIS v. USA

Filed 07/21/2015
UNREPORTED ORDER dismissing case. The Clerk is directed to enter judgment. Signed by Judge Lydia Kay Griggsby.

Keywords: re: Unreported Opinion. Pro Se; Rule 41(b); Involuntary Dismissal.

15-156 • KWR CONSTRUCTION, INC. v. USA

Filed 07/21/2015
UNREPORTED OPINION originally filed under seal on March 23, 2015. Signed by Judge Nancy B. Firestone.

Keywords: re: Unreported OpinionBid Protest; Price Completeness; Price Reasonableness; Price Realism; Remand to Agency

15-308 • STATEN v. USA

Filed 07/17/2015
UNREPORTED OPINION and ORDER granting Motion for Leave to Proceed in forma pauperis, for the limited purpose of addressing the court's jurisdiction; and granting [8] Motion to Dismiss - Rule 12(b)(1). The Clerk is directed to enter judgment. Signed by Chief Judge Patricia E. Campbell-Smith.

Keywords: re: Motion to Dismiss; Subject Matter Jurisdiction; Criminal Charges; Review of State Court Conviction; Statute of Limitations.

14-1185 • BROWN v. USA

Filed 07/17/2015
UNREPORTED OPINION. granting Motion to Dismiss - Rule 12(b)(1) and (6); granting [3] Motion for Leave to Proceed in forma pauperis The Clerk is directed to enter judgment. Signed by Senior Judge Eric G. Bruggink.

14-1176 • CLEWLEY et al v. USA

Filed 07/10/2015
UNREPORTED OPINION (Amended Complaint due by 7/31/2015; Answer due by 8/28/2015.) granting in part and denying in part Motion to Dismiss - Rule 12(b)(1) and (6). Amended Complaint due by 7/31/2015. Answer due by 8/28/2015. Signed by Senior Judge Eric G. Bruggink. (jpk1) Copy to parties. Modified on 7/14/2015 to added deadlines

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1) and (6), Unreported Opinion: Rule 12(b)(1); Rule 12(b)(6); Rule 9(k); Jurisdiction; Failure to state a claim upon which relief can be granted; Breach of duty of good faith and fair dealing

15-608 • DAVIS v. USA

Filed 07/10/2015
UNREPORTED OPINION dismissing case. The Clerk is directed to enter judgment. Signed by Judge Lydia Kay Griggsby.

Keywords: re: Unreported Opinion: Pro Se, Rule 12(h)(3); Lack of Subject-Matter Jurisdiction; Rule 12(b)(1); Subject-Matter Jurisdiction; 28 U.S.C. 1500.

14-478 • TAMBOLINA SERVICES, INC. v. USA

Filed 07/02/2015
UNREPORTED OPINION. Granting in part and denying in part Motion to Dismiss - Rule 12(b)(1). Defendants Motion to Dismiss and Motion to Strike, filed 10/3/2014, is GRANTED in part as to dismissal of this suit, and DENIED in part as to striking certain portions of the complaint. The Clerk is directed to ENTER final judgment in favor of defendant DISMISSING plaintiff's complaint for lack of subject matter jurisdiction, without prejudice. No costs. Signed by Judge Lynn J. Bush.

Keywords: re: Contract Dispute; 41 U.S.C. § 7103 (2012); RCFC 12(b)(1); Failure to Present Claim for a Sum Certain to Contracting Officer.

15-186 • OMRAN v. USA

Filed 06/30/2015
UNREPORTED OPINION and ORDER granting Motion for Leave to Proceed in forma pauperis for the limited purpose of addressing the court's jurisdiction, with the agency having custody of plaintiff to forward payments from plaintiff's account to the Clerk of the Court of Federal Claims each time the account balance exceeds $10.00 and until the filing fee is paid in full; denying [6] Motion for trial by jury; granting [7] Motion to Dismiss - Rule 12(b)(1); and denying [12] Motion to Appoint Counsel. The Clerk is directed to enter judgment. Signed by Chief Judge Patricia E. Campbell-Smith.

Keywords: re: Pro Se Complaint; Rule 12(b)(1) Motion to Dismiss; Transfer; 28 U.S.C. § 1631.

15-266 • ARTIS v. USA

Filed 06/29/2015
UNREPORTED OPINION and ORDER granting Motion for Leave to Proceed in forma pauperis, subject to plaintiff's payment of the requisite fee in installments; and granting [5] Motion to Dismiss - Rule 12(b)(1) and (6). The Clerk is directed to enter judgment. Signed by Judge Charles F. Lettow.

15-588 • GUAM INDUSTRIAL SERVICES, INC. v. USA

Filed 06/24/2015
UNREPORTED ORDER. Signed by Judge Susan G. Braden.

15-10 • HERNANDEZ v. USA

Filed 06/24/2015
UNREPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1); granting [3] Motion for Leave to Proceed in forma pauperis. The case is dismissed for lack of jurisdiction. The Clerk is directed to enter judgment. Signed by Senior Judge Eric G. Bruggink.

15-588 • GUAM INDUSTRIAL SERVICES, INC. v. USA

Filed 06/23/2015
UNREPORTED ORDER. Signed by Judge Susan G. Braden.

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