USCFC General Jurisdiction-Unreported

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09-33309 • ADAMS et al v. USA

Filed 10/21/2021
UNREPORTED OPINION granting-in-part and denying-in-part Defendant's motion to dismiss thirty-four (34) plaintiffs pursuant to Rule 41(b). Twenty-nine (29) plaintiffs are dismissed with prejudice. The Clerk is directed to enter judgment against these twenty-nine (29) plaintiffs pursuant to RCFC 54(b). The Clerk shall close Adams, et al. v United States, 09-33309, upon entry of judgment. The Clerk is directed to move Judy A. O'Daniel (for Samuel C. O'Daniel); Kenneth N. Page; Phillip R. Simon; Carol A. Halstead (for Jay A. Halstead); James B. Morehead from Adams, et al. v. United States, 09-33309, to Barnes, et al. v. United States, 09-33308. Defendant shall supplement these five (5) individual plaintiff's information and file a status report in Barnes, et al. v. United States, 09-33308, no later than 11/22/2021. Signed by Judge Thompson M. Dietz. (brs) Service on parties made.

Keywords: re: Unreported Opinion; Pro Se; RCFC 41(b).

16-1355 • SAGE ACQUISITIONS, LLC v. USA

Filed 10/21/2021
UNREPORTED Order The Clerk is directed to enter judgment. Signed by Senior Judge Victor J. Wolski. (bpd) Service on parties made.

21-1343 • VAN KUSH et al v. USA

Filed 10/21/2021
UNREPORTED ORDER: Granting MOTION for Leave to Proceed in forma pauperis filed by RYAN SASHA-SHAI VAN KUSH, Granting [3] MOTION for Leave to Proceed in forma pauperis filed by KALI VAN KUSH, Denying as Moot [10] GOVERNMENT'S Corrected MOTION to Dismiss. The Clerk is directed to Dismiss the case without prejudice pursuant to RCFC 41(b). Signed by Judge Ryan T. Holte. (ehb) Service on parties made; plaintiffs served via U.S. mail.

21-2021 • SHUDA v. USA

Filed 10/20/2021
UNREPORTED Order of Dismissal. The Clerk is directed to enter final judgment DISMISSING plaintiff's complaint for lack of subject matter jurisdiction, without prejudice, pursuant to RCFC 12(h)(3). Additionally, the clerk's office is directed to RETURN any future filings not in compliance with this court's rules to plaintiff, UNFILED, without further order of the court. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made; plaintiff served via U.S. mail to address on docket and to P.O. Box 558, Kitittas, WA 98934.

Keywords: re: Unreported Order of Dismissal; Pro Se Complaint; Sua Sponte Dismissal for Want of Jurisdiction; RCFC 12(h)(3). (TQ)

20-682 • LOWRY v. USA

Filed 10/19/2021
UNREPORTED OPINION granting in part and denying in part Motion for Reconsideration re [27] Opinion and Order on Plaintiff's Motion for Judgment on the Administrative Record. Remand proceedings shall be completed within 120 days of this Order. Signed by Chief Judge Elaine D. Kaplan. (tjd) Service on parties made. (Main Document 39 replaced on 10/20/2021 to modify the last paragraph.)

20-1535 • SAM RAYBURN MUNICIPAL POWER AGENCY v. USA

Filed 10/19/2021
UNREPORTED OPINION granting MOTION for Leave to File Supplemental Opposition to the Motion to Dismiss, and denying [13] MOTION to Dismiss pursuant to Rules 12(b)(1) and 12(b)(6). Joint Status Report due by 11/2/2021. Signed by Judge Ryan T. Holte. (ehb) Service on parties made.

Keywords: re: Unreported Opinion and Order. RCFC 12(b)(1); Subject-Matter Jurisdiction; RCFC 12(b)(6); Failure to State a Claim; Motion to Dismiss; Breach of Contract; Monetary Damages; Remedy.

21-1295 • ALJINDI v. USA

Filed 10/15/2021
UNREPORTED OPINION and ORDER granting Defendant's Motion to Dismiss - Rule 12(b)(1) and (6); denying [10] Plaintiff's Motion for Summary Judgment; granting [2] Plaintiff's Motion for Leave to Proceed in forma pauperis. The Clerk is directed to enter judgment. Signed by Judge Stephen S. Schwartz. (cmc) Service on parties made.

20-715 • ABDEL-MALAK v. USA

Filed 10/14/2021
UNREPORTED OPINION granting [10], Motion to Dismiss - Rule 12(b)(1); denying [12], [17] Motion to Appoint Counsel. The case is dismissed without prejudice for lack of jurisdiction. The Clerk is directed to enter judgment. Signed by Judge Thompson M. Dietz. (brs) Service on parties made.

Keywords: re: RCFC 12(b)(1); Lack of Subject-Matter Jurisdiction; Motion to appoint counsel; Pro Se; Unreported Opinion.

15-421 • BEHRENS et al v. USA

Filed 10/12/2021
UNREPORTED ORDER denying Motion for Judgment on the Pleadings; and denying [122] Motion for Leave to File. On or before 11/19/2021, the parties are directed to CONFER and FILE a joint status report informing the court of what legal determinations remain to be made, and whether the court is presently in the position to make those determinations. Once the court has reviewed the parties submission, it will give the parties an opportunity to propose a schedule to govern this case going forward. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made.

Keywords: re: Reported Order on Motion for Judgment; RCFC 54(b); Modifying Scheduling Order; RCFC 16(b)(4); Good Cause Standard. (TQ)

21-1934 • THAYER v. USA

Filed 10/07/2021
UNREPORTED OPINION: Plaintiff's complaint is DISMISSED for lack of subject matter jurisdiction. The Clerk is directed to enter JUDGMENT for the government. Signed by Judge Matthew H. Solomson. (ahn) Service on parties made; plaintiff served via U.S. mail.

21-1836 • GRIFFEN v. USA

Filed 10/01/2021
UNREPORTED OPINION: The complaint is dismissed pursuant to RCFC 12(h)(3) for lack of subject-matter jurisdiction. The Clerk is directed to enter judgment. Signed by Judge Thompson M. Dietz. (adb) Service on parties made; plaintiff served via U.S. mail.

Keywords: re: Pro Se; Sua Sponte Dismissal; Lack of Subject-Matter Jurisdiction; RCFC 12(h)(3).

21-1436 • YIGAL et al v. USA

Filed 10/01/2021
UNREPORTED OPINION and ORDER granting Defendant's Motion to Dismiss - Rule 12(b)(1); granting [7] Plaintiffs' Motion for Leave to Proceed in forma pauperis; denying [9] Plaintiffs' Motion to Appoint Counsel; Plaintiffs' Motion to Squash (the Defendant's) Motion to Dismiss received by the Clerk's office on 9/13/2021 shall be FILED by my leave and is DENIED. The Clerk is directed to enter judgment. Signed by Judge Stephen S. Schwartz. (cmc) Service on parties made; plaintiffs served via U.S. mail.

18-801 • BROWN et al v. USA

Filed 10/01/2021
UNREPORTED ORDER Status Report due by 11/5/2021. Signed by Senior Judge Edward J. Damich. (blh) Service on parties made. Modified font of text on 10/5/2021

19-1794 • HAWKINS v. USA

Filed 09/30/2021
UNREPORTED ORDER on MOTION to Dismiss pursuant to Rule 12(b)(1) filed by USA. granting [7] Motion to Dismiss - Rule 12(b)(1) The Clerk is directed to enter judgment. Signed by Senior Judge Victor J. Wolski. (bpd) Service on parties made. Modified on 9/30/2021 plaintiff served via U.S. mail.

19-1672 • HAWKINS v. USA

Filed 09/30/2021
UNREPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1). The Clerk is directed to enter judgment. Signed by Senior Judge Victor J. Wolski. (bpd) Service on parties made; plaintiff served via U.S. mail.

19-1019 • PLAINTIFF NO. 1 v. USA

Filed 09/30/2021
UNREPORTED OPINION and ORDER denying without prejudice Plaintiff's MOTION to Certify Class (Conditional Certification) and Notice. Joint Status Report due by 10/14/2021. Signed by Judge Stephen S. Schwartz. (cmc) Service on parties made.

20-308 • HID GLOBAL CORPORATION v. USA

Filed 09/30/2021
UNREPORTED Order Dismissing Case. The Clerk is directed to enter judgment. Signed by Judge Stephen S. Schwartz. (cmc) Service on parties made.

21-1535 • FRANSON v. USA

Filed 09/29/2021
UNREPORTED OPINION granting the defendant's motion to dismiss and because no possible construction of the plaintiff's complaint permits the Court to exercise jurisdiction over the plaintiff's claims, the plaintiff's complaint must be DISMISSED without prejudice pursuant to RCFC 12(b)(1). The Clerk is directed to enter judgment. No costs are awarded. Signed by Judge Richard A. Hertling. (agg) Service on parties made; plaintiff served via U.S. mail.

21-976 • CRUMLEY v. USA

Filed 09/28/2021
UNREPORTED OPINION granting Motion to Dismiss - Rule 12(b)(6). The Clerk is directed to enter judgment. Signed by Senior Judge Eric G. Bruggink. (hem) Service on parties made.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(6), Unreported Opinion: Military Pay Act; 37 U.S.C. § 204; Motion to dismiss; RCFC 12(b)(6); Failure to state a claim; Claim preclusion; The doctrine of res judicata.

19-756 • ALBERTSON et al v. USA

Filed 09/27/2021
**RE-DOCKETED FOR POSTING TO THE COURT'S WEBSITE** ORDER denying 34 Motion to Quash: (I) TerraPacts motion to quash, ECF No. 34, is DENIED. TerraPact is ORDERED to comply with the plaintiffs' subpoena duces tecum by September 29, 2021, if it has not already done so through its discussions with plaintiffs regarding the motion to quash; and (II) The stay of summary judgment briefing, ECF No. 35, is now LIFTED. The parties in these consolidated cases shall by September 29, 2021 file a joint status report (1) proposing an amended summary judgment briefing schedule and (2) plaintiffs shall indicate in the joint status report whether an agreed-upon protective order regarding any information produced by TerraPact will be filed. Signed by Senior Judge Nancy B. Firestone. (ac7) Service on parties made.

Keywords: re: Order on Motion to Quash, Motion to Quash

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