USCFC General Jurisdiction-Unreported

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U.S. Court of Federal Claims Opinions
Updated: 9 months 1 week ago

23-654 • COLLIER v. USA

Filed 05/09/2023
UNREPORTED OPINION AND ORDER DISMISSING CASE: The plaintiff's motion to proceed in forma pauperis is granted for the limited purpose of dismissing the complaint. The plaintiff's claim is dismissed without prejudice for lack of jurisdiction pursuant to RCFC 12(h)(3). The Clerk is directed to enter judgment. Signed by Judge Richard A. Hertling. (kac) Service on parties made; plaintiff served via first class mail.

22-881 • LOPEZ PENA v. USA

Filed 05/09/2023
UNREPORTED OPINION granting Plaintiff's Motion for Leave to Proceed in Forma Pauperis and granting [11] Government's Motion to Dismiss. The Clerk is directed to enter judgment. Signed by Judge Edward H. Meyers. (skw) Service on parties made. Plaintiff served via first class maill on 05.09.2023 (mjk). Modified on 5/9/2023

22-1887 • BAQLEH v. USA

Filed 05/08/2023
UNREPORTED ORDER denying Motion for Leave to file an Amended Complaint; and denying [37] Motion for Transfer to an Appropriate District Court. Signed by Judge Edward H. Meyers. (mjd) Service on parties made.

23-36 • TEKSYNAP CORPORATION v. USA

Filed 05/08/2023
UNSEALED OPINION re: ORDER 54 granting Motion for Discovery; granting-in-part and denying-in-part Motion to Supplement the Administrative Record. Signed by Chief Judge Elaine D. Kaplan. (ap) Service on parties made. (Main Document 70 replaced on 5/10/2023)

23-30 • GAILEY v. USA

Filed 05/08/2023
UNREPORTED ORDER granting Joint Motion to Remand. The Court remands the case to the ABCMR and stays all proceedings until the remand period terminates. The Court directs the Clerk to serve a certified copy of this Order and the complaint, along with a copy of the Court's docket sheet, to the ABCMR. The remand period shall terminate 11/6/2023. Joint Status Report due by 8/7/2023. Signed by Judge Ryan T. Holte. (sav) Service on parties made.

22-447 • MIDATLANTIC CONSTRUCTION & DESIGN ASSOCIATES, INC. v. USA

Filed 05/05/2023
**RE-DOCKETED FOR POSTING TO THE COURT'S WEBSITE.** UNREPORTED OPINION AND ORDER: Denying defendant's Motion to Dismiss. Signed by Judge Armando O. Bonilla. (ead) Service on parties made. Modified on 5/12/2023 to correct docket text

22-761 • HARRISON v. USA

Filed 05/05/2023
ORDER: Dismissal or Status Report due by 5/12/2023. Signed by Judge Zachary N. Somers. (sap) Service on parties made. Modified on 5/8/2023 - corrected minor typographical error (jt1).

18-1784 • LABONTE v. USA

Filed 05/02/2023
UNREPORTED OPINION AND ORDER granting the plaintiff's motion for judgment on the administrative record and denying [103] the defendant's motion for judgment on the administrative record. The case is remanded to the Army Board for Correction of Military Records until 8/30/2023. The parties shall file a joint status report by 9/6/2023. The case is stayed pending further order of the Court. The Clerk is directed to serve a copy of this Opinion and Order on the Army Review Boards Agency. Signed by Judge Richard A. Hertling. (kac) Service on parties made.

22-924 • HAWKINS v. USA

Filed 04/28/2023
UNREPORTED OPINION DISMISSING CASE on MOTION to Dismiss pursuant to Rule 12(b)(1) filed by USA, [2] MOTION for Leave to Proceed in forma pauperis filed by FLORDELIZA A. HAWKINS. granting [9] Motion to Dismiss - Rule 12(b)(1); granting [2] Motion for Leave to Proceed in forma pauperis The Clerk is directed to enter judgment. Signed by Senior Judge Victor J. Wolski. (mvl) Service on parties made; plaintiff served via first class mail.

22-1873 • MULLINGS v. USA

Filed 04/27/2023
UNREPORTED OPINION DISMISSING CASE on Motion to Dismiss pursuant to Rule 12(b)(1) filed by USA. The Clerk is directed to enter judgment. Signed by Senior Judge Mary Ellen Coster Williams. (blh) Service on parties made.

Keywords: Subject-Matter Jurisdiction

22-1473 • BOYD et al v. USA

Filed 04/27/2023
UNREPORTED OPINION granting Motion to Dismiss - Rule 12(b)(6). The Clerk is directed to enter judgment. Signed by Senior Judge Edward J. Damich. (hem) Service on parties made.

22-1874 • MULLINGS v. USA

Filed 04/27/2023
UNREPORTED OPINION DISMISSING CASE on MOTION to Dismiss pursuant to Rule 12(b)(1) filed by USA. The Clerk is directed to enter judgment. Signed by Senior Judge Mary Ellen Coster Williams. (blh) Service on parties made.

Keywords: Subject-Matter Jurisdiction

23-525 • MILLER v. USA

Filed 04/26/2023
UNREPORTED OPINION DISMISSING CASE; ORDER granting Motion for Leave to Proceed in forma pauperis. The Clerk is DIRECTED TO REJECT any future documents unless they comply with rules regarding post-dismissal submissions and rights of appeal.The Clerk is directed to enter judgment. Signed by Judge David A. Tapp. (emc) Service on parties made. (ypb). Plaintiff served via Certified Mail #7018 2290 0000 5183 9195 on 4/27/23.

22-1673 • PREWITT v. USA

Filed 04/25/2023
UNREPORTED MEMORANDUM OPINION AND ORDER granting-in-part and denying-in-part Defendant's Motion to Remand; denying [2] Plaintiff's First Motion for Preliminary Injunction; denying [11] Plaintiff's Second Motion for Preliminary Injunction; denying [12] Plaintiff's Motion for Summary Judgment; denying as moot [14] Defendant's Motion Establish a Schedule; denying as moot [21] Plaintiff's Motion for Rule 26 Disclosures. This case is REMANDED to the Army Board for Correction of Military Records (ABCMR). This case is STAYED until 8/22/2023. The remand period shall terminate on 8/22/2023. Plaintiff may file any new or supplemental arguments or evidence with the ABCMR by 6/23/2023. Defendant shall file a status report every 60 days from the date of this order. Defendants first status report is due by 6/23/2023. 52.2 Notices due within 45 days of the ABCMR's decision. The Clerk is directed to serve a certified copy of this Memorandum Opinion and Order on the ABCMR. Signed by Judge Thompson M. Dietz. (brs) Service on parties made.Plaintiff served via first class mail on 4/26/2023 Modified on 4/26/2023

Keywords: re: RCFC 52.2; Motion for Remand; Motion for Preliminary Injunction; Motion for Summary Judgment; Motion for RCFC 26 Disclosures; Disability Retirement; Substantial and Legitimate; Prejudice; Army Board for Correction of Military Records.

22-1064 • GREENE et al v. USA

Filed 04/25/2023
UNREPORTED OPINION DISMISSING CASE granting Motion to Dismiss - Rule 12(b)(1); denying [47] Motion for Joinder; denying [48] Motion for Leave to File. The Clerk is directed to enter judgment. Signed by Judge Kathryn C. Davis. (msm) Service on parties made. Plaintiffs served via first class mail on 04.25.2023 (cam). Modified on 4/25/2023

23-37 • CRAMER v. USA

Filed 04/25/2023
UNREPORTED OPINION AND ORDER: The Clerk of the Court shall enter JUDGMENT, dismissing the case for lack of subject-matter jurisdiction. Signed by Judge Matthew H. Solomson. (brl) Service on parties made; plaintiff served via first class mail.

09-33303 • DICICCO et al v. USA

Filed 04/24/2023
UNREPORTED MEMORANDUM OPINION AND ORDER granting Defendant's Motion to Dismiss the Complaints of Nicholas J. DiCicco; Proctor W. Lucius, Jr.; Carl E. Malm; Gale M. Nelson; Donald L. Owens; Armand L. Ravizza; Peter Sofman; Joseph A. Vitelli; and Larry Watts pursuant to Rule 12(b)(1). The Complaints of Mr. DiCicco; Mr. Lucius; Mr. Malm; Mr. Nelson; Mr. Owens; Mr. Ravizza; Mr. Sofman; Mr. Vitelli; and Mr. Watts. The Clerk is directed to enter judgment. Signed by Judge Thompson M. Dietz. (brs) Service on parties made. Plaintiff, Gale M. Nelson, served via first class mail.

Keywords: Unreported Memorandum Opinion and Order granting Motion to Dismiss; Unreported Opinion; RCFC 12(b)(1); Lack of Subject-Matter Jurisdiction; Federal Insurance Contributions Act (FICA); Tax Refund Claim; Statute of Limitations; I.R.C. § 6511; Pro Se.

22-1699 • BEY v. USA

Filed 04/24/2023
ORDER denying Motion for Reconsideration. Signed by Judge Matthew H. Solomson. (brl) Service on parties made. Plaintiff served via first class mail on 04.25.2023 (cam). Modified on 4/25/2023

23-263 • WILLIAMSON v. USA

Filed 04/20/2023
UNREPORTED OPINION DISMISSING CASE. The Clerk is directed to enter judgment. Signed by Chief Judge Elaine D. Kaplan. (ap) Service on parties made; plaintiff served via first class mail.

17-60 • ROBERTSON v. USA

Filed 04/20/2023
UNREPORTED ORDER denying Motion to Dismiss - Rule 12(b)(1); on [7] MOTION to Dismiss pursuant to Rule 12(b)(1) filed by USA (Answer due by 5/18/2023). Signed by Senior Judge Victor J. Wolski. (njr) Service on parties made. (Main Document 64 replaced on 4/20/2023)

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