USCFC General Jurisdiction-Unreported

UNREPORTED OPINION on MOTION to Dismiss pursuant to Rule 12(b)(1) to Dismiss Count III and Count IV filed by USA granting in part and denying in part [5] Motion to Dismiss - Rule 12(b)(1). Defendant's motion to dismiss Count IV is granted. However, we withhold dismissal of Count III at this time. If plaintiff chooses to amend her complaint as to Count III, such amendment is due by 2/19/2021. Signed by Senior Judge Eric G. Bruggink. (hem) Service on parties made.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1), Unreported Opinion: Back Pay Act, 5 U.S.C. § 5596 (2018), Illegal Exaction, Breach of Contract, Appointed Employee.

UNREPORTED OPINION. The Court lacks subject matter jurisdiction over the plaintiff's claims. Accordingly, the defendant's motion to dismiss is GRANTED. Because the Court does not have jurisdiction, the Court does not reach the parties' motions for summary judgment. The plaintiff's complaint is DISMISSED pursuant to RCFC 12(b)(1) and 12(h)(3). Her claims under the Fair Labor Standards Act are dismissed with prejudice; her civil rights claims are dismissed without prejudice. The Clerk is directed to enter judgment accordingly. No costs are awarded. Signed by Judge Richard A. Hertling. (dhf) Service on parties made.

UNREPORTED OPINION on MOTION to Dismiss pursuant to Rule 41(b) filed by USA. granting [110] Motion to Dismiss - Rule 41(b) The Clerk is directed to enter judgment. Signed by Senior Judge Victor J. Wolski. (jad) Service on parties made; plaintiff served via U.S. mail.

UNREPORTED ORDER denying Motion for Summary Judgment; denying [15] Motion ; on [15] MOTION Render Judgment filed by RAFAEL DANIEL DE LA CRUZ JIMENEZ, [11] MOTION for Summary Judgment filed by RAFAEL DANIEL DE LA CRUZ JIMENEZ. Signed by Senior Judge Victor J. Wolski. (jak) Service on parties made; plaintiff served via U.S. mail.

UNREPORTED OPINION AND ORDER: Unsealed version of : The Clerk is directed to enter judgment denying [27] plaintiff's MJAR; granting [28] the government's cross-MJAR. Signed by Judge Ryan T. Holte. (tjw) Service on parties made.

Keywords: re: Unreported Opinion and Order. Bid protest; National Oceanic and Atmospheric Administration ("NOAA"); technical approach; past performance.

UNREPORTED OPINION: DISMISSING without prejudice Complaint for failure to prosecute in compliance with this Court's rules, failure to obtain counsel within more than a reasonable period of time, and non-compliance with this Court's orders. The Clerk is directed to enter judgment for the government and to reject any further filings on behalf of JEQ, unless such filings are made by an attorney who is a member of the bar of this Court. Signed by Judge Matthew H. Solomson. (ids) Service on parties made. (Main Document 25 replaced on 1/25/2021 to correct case caption.) (dls). Plaintiff served via U.S. mail.

**Re-docketed for posting to the court's website**. UNREPORTED OPINION: Denying Motion to Certify Class; denying [64] Motion for Oral Argument. Limited to potential plaintiffs at the Richmond facility, the plaintiffs' motion to certify a class based on the Richmond plaintiffs' claim is DENIED without prejudice. The plaintiffs may move again for class certification of potential Richmond facility plaintiffs by no later than 2/8/2021. Regarding potential classes consisting of (1) hybrid employees at the Hines facility, (2) hybrid employees, RNs, and LPNs nationally, and (3) general schedule employees, the plaintiffs' motion for class certification is DENIED. Signed by Judge Richard A. Hertling.(ead) Service on parties made.

UNREPORTED OPINION denying Motion for TRO and [4] Motion for Preliminary Injunction. Signed by Judge Elaine D. Kaplan. (reissuance of opinion and order filed under seal on January 11, 2021.) (tjd) Service on parties made.

UNREPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1) and (6); denying [16] Motion; denying [17] Motion to Reopen Case; denying [18] Motion to Reopen Case; denying [20] Motion. The Clerk is directed to enter judgment. Signed by Senior Judge Charles F. Lettow. (hlk) Plaintiff served via U.S. mail.

UNREPORTED OPINION. granting Motion to Dismiss - Rule 12(b)(1). The Clerk is directed to enter judgment. Signed by Judge David A. Tapp. (emc) Service on parties made.

UNREPORTED OPINION on MOTION to Dismiss pursuant to Rule 12(b)(1) filed by USA, [8] MOTION for Leave to Proceed in forma pauperis filed by ELDER GABRIEL CRUZ BENITEZ. The Court grants [8] Motion for Leave to Proceed in forma pauperis; finds as moot [9] Motion to Dismiss - Rule 12(b)(1); and directs the clerk to dismiss the case without prejudice pursuant to Rule 41(b) for failure to prosecute and failure to comply with a Court order. Signed by Judge Ryan T. Holte. (scf) Service on parties made; plaintiff served via U.S. mail.

**VACATED PURSUANT TO C.A.F.C. MANDATE, DATED APRIL 19, 2023. ** UNREPORTED MEMORANDUM OPINION AND ORDER granting-in-part the government's motion to dismiss; denying [15] plaintiff's motion to supplement the administrative record; granting [16] the government's motion for judgment upon the administrative record; and denying [14] plaintiff's cross-motion for judgment upon the administrative record. The Clerk is directed to enter judgment. Signed by Judge Lydia Kay Griggsby. (jw) Service on parties made. Modified on 4/19/2023 to indicate decision has been vacated.

Keywords: RCFC 12(b)(1); Subject-Matter Jurisdiction; RCFC 12(b)(6); Failure To State A Claim; Military Pay Act; 10 U.S.C. § 204; Military Disability Retirement Pay Act; 10 U.S.C. § 1201, re: Unreported Memorandum Opinion and Order.

UNREPORTED ORDER: DENYING Motion for Leave to Proceed in forma pauperis and DISMISSING [1] Complaint for lack of jurisdiction. The Clerk is directed to enter judgment for the government and to reject any of Plaintiff's further submissions, unless such filings comply with this Court's rules regarding post-dismissal submissions. Signed by Judge Matthew H. Solomson. (ids) Service on parties made; plaintiff served via U.S. mail. (dls) Modified on 1/8/2021

UNREPORTED ORDER denying Motion for Attorney Fees. Signed by Senior Judge Nancy B. Firestone. (lb) Service on parties made.

Keywords re Order on Motion for Attorney Fees, Unreported Order: Equal Access to Justice Act; 28 U.S.C. § 2412(d); Substantially Justified.

UNREPORTED OPINION AND ORDER: GRANTING Motion for leave to proceed in forma pauperis; GRANTING [8] Motion to Dismiss pursuant to RCFC 12(b)(1); Mr. Tucker's Complaint is hereby DISMISSED. The Clerk is directed to enter judgment. Signed by Judge Matthew H. Solomson. (ids) Service on parties made; plaintiff served via U.S. mail.

UNREPORTED MEMORANDUM OPINION AND ORDER granting the Government's Motion to Dismiss Pursuant to Rule 12(b)(1). The Clerk is directed to enter judgment. Signed by Judge Lydia Kay Griggsby. (rs) Service on parties made; plaintiff served via U.S. mail.

Keywords: RCFC 12(b)(1); Subject-Matter Jurisdiction; 28 U.S.C. § 1495; 28 U.S.C.§ 2513; Unjust Conviction; Fourth Amendment re: UNREPORTED MEMORANDUM OPINION AND ORDER.

UNREPORTED ORDER denying Motion for Reconsideration. Without further order, the clerk's office is directed to REJECT any future submissions received by plaintiff that are not in compliance with this court's rules. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made; plaintiff served via U.S. mail.

Keywords: re: Order on Motion for Reconsideration,, Unreported Order, Pro Se Complaint; Motion for Reconsideration; RCFC 59. (TQ)

***REDOCKETED FOR POSTING TO THE COURT'S WEBSITE*** UNREPORTED OPINION transferring case to the United States District Court for the Western District of Michigan. Signed by Judge Elaine D. Kaplan. (tjd) Service on parties made. Modified on 12/15/2020

Keywords: re: Unreported Opinion: Subject-Matter Jurisdiction; Rule 12(h)(3); Transfer; 28 U.S.C. § 1631. (tjd)Keywords: re: [11] Unreported Opinion: Voluntary Dismissal; RCFC 41(a); Filing Fee; Refund; RCFC 77.1(c)(1); Court of Federal Claims Refund Policy.

***REDOCKETED FOR POSTING TO THE COURT'S WEBSITE***UNREPORTED OPINION directing the Clerk to docket Plaintiffs' letter as a motion for refund, filed under seal; denying Plaintiffs' motion for refund. Signed by Judge Elaine D. Kaplan. (tjd) Service on parties made. Modified on 12/15/2020

Keywords: re: Unreported Opinion: Subject-Matter Jurisdiction; Rule 12(h)(3); Transfer; 28 U.S.C. § 1631. (tjd)Keywords: re: [11] Unreported Opinion: Voluntary Dismissal; RCFC 41(a); Filing Fee; Refund; RCFC 77.1(c)(1); Court of Federal Claims Refund Policy.

UNREPORTED OPINION on MOTION to Dismiss pursuant to Rule 12(b)(1) filed by USA, [4] MOTION for Leave to Proceed in forma pauperis filed by WILLIAM J.R. EMBREY, GRANTING [4] Motion for Leave to Proceed in forma pauperis; GRANTING [8] Motion to Dismiss - Rule 12(b)(1) The Clerk is directed to enter judgment. Signed by Senior Judge Victor J. Wolski. (bw) Service on parties made; plaintiff served via U.S. mail.