USCFC General Jurisdiction-Unreported

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U.S. Court of Federal Claims Opinions
Updated: 10 months 2 weeks ago

20-1121 • DURR v. USA

Filed 12/07/2020
**RE-DOCKETED FOR POSTING TO THE COURT'S WEBSITE** UNREPORTED OPINION granting [11] Motion to Dismiss - Rule 12(b)(1); granting [14] Motion to Withdraw. The Clerk is directed to enter judgment. Signed by Senior Judge Charles F. Lettow. (tb) Service on parties made.

14-168 • ALABAMA POWER COMPANY et al v. USA

Filed 12/07/2020
UNREPORTED PUBLIC VERSION ORDER of the court's **SEALED** EVIDENTIARY RULINGS ORDER on the parties' [193-1] revised chart of evidentiary issues. On or before 12/4/2020, the parties are directed to FILE: (I) a JOINT STATUS REPORT informing the court as to the effect of the partial admission of Plaintiffs Exhibit 138 (Issue Number 3) on the admissibility of the testimony regarding that exhibit offered by Clay Channell (Issue Number 4); Chalmer Myer (Issue Number 5), and Kenneth Metcalfe (Issue Number 6); and whether any redactions are required before the court makes this order publicly available, and if so, attaching an agreed-upon proposed redacted version of the order; (II) a NOTICE attaching clear copies (without handwritten markings) of Plaintiffs' Exhibit 115 (pages 1-31), and th eportions of Exhibit 138 deemed admissible in this order (pages 3-5, 7-35) for inclusion in the record; and (III) any motion(s) for reconsideration of the rulings in this order. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made.

Keywords: re: Unreported Order, Post-Trial Evidentiary Rulings; Demonstrative Exhibits; Counter-Designations of Deposition Testimony; Undisclosed Expert Opinion; FRE 401; FRE 402; FRE 602; FRE 701; FRE 801; FRE 803(6); FRE 807; FRE 1002; RCFC 32(a)(6). (TQ)

14-167 • GEORGIA POWER COMPANY v. USA

Filed 12/07/2020
UNREPORTED PUBLIC VERSION ORDER of the court's **SEALED** EVIDENTIARY RULINGS ORDER on the parties' [193-1] revised chart of evidentiary issues. On or before 12/4/2020, the parties are directed to FILE: (I) a JOINT STATUS REPORT informing the court as to the effect of the partial admission of Plaintiffs Exhibit 138 (Issue Number 3) on the admissibility of the testimony regarding that exhibit offered by Clay Channell (Issue Number 4); Chalmer Myer (Issue Number 5), and Kenneth Metcalfe (Issue Number 6); and whether any redactions are required before the court makes this order publicly available, and if so, attaching an agreed-upon proposed redacted version of the order; (II) a NOTICE attaching clear copies (without handwritten markings) of Plaintiffs' Exhibit 115 (pages 1-31), and th eportions of Exhibit 138 deemed admissible in this order (pages 3-5, 7-35) for inclusion in the record; and (III) any motion(s) for reconsideration of the rulings in this order.. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made.

Keywords: re: Unreported Order, Post-Trial Evidentiary Rulings; Demonstrative Exhibits; Counter-Designations of Deposition Testimony; Undisclosed Expert Opinion; FRE 401; FRE 402; FRE 602; FRE 701; FRE 801; FRE 803(6); FRE 807; FRE 1002; RCFC 32(a)(6). (TQ)

20-829 • KAY v. USA

Filed 12/04/2020
UNREPORTED ORDER: Complaint is DISMISSED, with prejudice, pursuant to RCFC 41(b). Accordingly, Plaintiff's MOTION for Leave to Proceed in forma pauperis, ECF No. 2, is moot. The Clerk is directed to enter judgment. Signed by Judge Matthew H. Solomson. (ids) Service on parties made; plaintiff served via U.S. mail. (dls) Modified on 12/14/2020 to replace with corrected PDF. (ead). Corrected pdf also served on plaintiff via U.S. mail

20-1010 • GRANT v. USA

Filed 12/03/2020
UNREPORTED OPINION 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 Charles F. Lettow.

20-275 • PHILIPPEAUX v. USA

Filed 12/01/2020
UNREPORTED OPINION Denying Motion for Judgment on the Administrative Record; Granting [61] Motion to Dismiss - Rule 12(b)(1); Granting [61] Motion for Judgment on the Administrative Record; Finding as Moot [11] Motion for Declaratory Judgment; Finding as Moot [23] Motion for Permanent Injunction; Finding as Moot [25] Motion The Clerk is directed to enter judgment. Signed by Judge David A. Tapp. (jm) Service on parties made.

Keywords: Pro se; Military Pay; Judgment on the Administrative Record; Motion to Dismiss

20-944 • TORSELLA v. USA

Filed 11/30/2020
UNREPORTED ORDER dismissing case. The Clerk is directed to enter judgment. Signed by Judge Elaine D. Kaplan. (cr) Service on parties made. (Main Document 13 replaced on 11/30/2020)

20-770 • ALEXANDER et al v. USA

Filed 11/25/2020
UNREPORTED OPINION on MOTION to Dismiss pursuant to Rule 12(b)(1) filed by USA. granting [11] Motion to Dismiss - Rule 12(b)(1) The Clerk is directed to enter judgment. Signed by Senior Judge Charles F. Lettow. (poz) Service on parties made; plaintiffs served via U.S. mail.

19-1020 • DU et al v. USA

Filed 11/23/2020
UNREPORTED OPINION on MOTION for Judgment on the Pleadings filed by BING DU, HELEN GE, [24] MOTION to Dismiss pursuant to Rule 12(b)(1) filed by USA. Granting [24] Motion to Dismiss - Rule 12(b)(1); denying [27] Motion for Judgment on the Pleadings. The Clerk is directed to enter judgment. Signed by Senior Judge Eric G. Bruggink. (pdr) Service on parties made; plaintiffs served via U.S. mail.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1), Order on Motion for Judgment on the Pleadings, Unreported Opinion: Pro Se; Motion to Dismiss for Lack of Subject Matter Jurisdiction; RCFC 12(b)(1); Internal Revenue Code § 6512(a); Tax Refund Claim.

09-333 • KOOPMANN v. USA

Filed 11/16/2020
UNREPORTED OPINION denying without prejudice Motion for Reconsideration; granting [307] Motion to Substitute Party; granting [315] Motion to Substitute Party; granting [328] Motion to Substitute Party; granting [341] Motion to Substitute Party. The Clerk is directed to update the docket accordingly. Signed by Chief Judge Eleni M. Roumel. (klb) Service on parties made.

10-157 • SOFMAN v. USA

Filed 11/16/2020
UNREPORTED OPINION denying without prejudice Motion for Reconsideration. Signed by Chief Judge Eleni M. Roumel. (klb) Service on parties made.

20-358 • EASLEY v. USA

Filed 11/12/2020
UNREPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1); granting [24] Motion for Leave to Proceed in forma pauperis. The Clerk is directed to dismiss the case. Signed by Judge Ryan T. Holte. (scf) Service on parties made; plaintiff served via U.S. mail.

20-1433 • BEGAY v. USA

Filed 11/12/2020
UNREPORTED OPINION dismissing for lack of subject matter jurisdiction. The Clerk is directed to enter judgment. Signed by Judge David A. Tapp. (emc) Service on parties made; plaintiff served via U.S. mail.

20-972 • AGC BISHOP, A JOINT VENTURE v. USA

Filed 11/12/2020
UNREPORTED Order on MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by AGC BISHOP, A JOINT VENTURE, [19] MOTION to Supplement filed by AGC BISHOP, A JOINT VENTURE, [20] MOTION for Judgment on the Administrative Record filed by AGC BISHOP, A JOINT VENTURE finding as moot [3] Motion for TRO; finding as moot [3] Motion for Preliminary Injunction; denying [19] Motion to Supplement the Administrative Record; denying [20] Motion for Judgment on the Administrative Record The Clerk is directed to enter judgment. Signed by Senior Judge Victor J. Wolski. (jad) Service on parties made.

19-173 • FILLER v. USA

Filed 11/09/2020
UNREPORTED OPINION denying Motion for Reconsideration - Rule 59(a). Signed by Judge Ryan T. Holte. (yg) Service on parties made.

Keywords: re: Order on Motion for Reconsideration - Rule 59(a), Unreported Opinion. Patent Infringement; Motion for Reconsideration; RCFC 59(a)(1)(A).

20-752 • BOWDEN v. USA

Filed 11/09/2020
UNREPORTED ORDER Denying Motion to Amend Pleadings - Rule 15(b). The Court will permit the plaintiff another opportunity to allege a violation of a money-mandating provision of 5 U.S.C. § 5514. If she wishes to do so, the plaintiff shall file a revised motion to amend her complaint, limited to a claim under § 5514, no later than 11/23/2020. If the plaintiff does not file a renewed motion, the defendant shall file its answer to the original complaint or a dispositive motion no later than 12/4/2020. The plaintiff shall file her opposition to any motion filed by the defendant no later than 1/4/2021, and the defendant shall file its reply brief no later than 1/19/2021. This schedule will be vitiated automatically in the event the plaintiff does file a renewed motion to amend her complaint. Signed by Judge Richard A. Hertling. (agg) Service on parties made.

Keywords: re: Order on Motion to Amend Pleadings - Rule 15(b), Unreported Order, Pro se plaintiff; Motion to amend; RCFC 15; 5 U.S.C. 5514

19-883 • RAYTHEON COMPANY v. USA

Filed 11/04/2020
UNREPORTED OPINION denying Plaintiff's Motion for Protective Order; granting [42] Defendant's Motion to Compel; granting [45] Defendant's Motion to Compel; denying as moot [50] Motion to Amend Schedule. Joint Proposed Discovery Schedule due by 11/12/2020. Signed by Judge Elaine D. Kaplan. (tjd) Service on parties made.

Keywords: re: Order on Motion for Protective Order, Order on Motion to Compel, Order on Motion to Amend Schedule, Unreported Opinion: Motion to Compel; Protective Order; Request for Production; RCFC 26(b)(1); Defense Contract Audit Agency.

20-1399 • MELEIKA v. USA

Filed 11/04/2020
UNREPORTED Order The motion to proceed in forma pauperis is GRANTED. The plaintiff, however, has failed to satisfy his burden of demonstrating that the Court has jurisdiction over the complaint, which is DISMISSED without prejudice, pursuant to RCFC 12(b)(1) and 12(h)(3). The Clerk is directed to enter judgment accordingly. No costs are awarded. Signed by Judge Richard A. Hertling. (agg) Service on parties made; plaintiff served via U.S. mail.

Keywords: re: Order Dismissing Case, Pro Se; Sua Sponte Dismissal; RCFC 12(b)(1); RCFC 12 (h)(3).

18-266 • SILVER STATE SOLAR POWER SOUTH, LLC v. USA

Filed 10/19/2020
UNREPORTED ORDER of the Court's September 18, 2020 Order issued under seal, ECF No. 54, granting in part and denying in part ECF No. 51 Motion in Limine. No redactions were proposed by the parties. ECF No. 56. The sealed and public versions of this order are identical, except for the publication date and footnote number 1. Signed by Judge David A. Tapp. (emc) Service on parties made.

20-661 • PDS CONSULTANTS, INC. v. USA

Filed 10/05/2020
UNREPORTED Order on MOTION to Dismiss pursuant to Rule 12(b)(1) and in the alternative CROSS MOTION and RESPONSE to [18] Motion for Judgment on the Administrative Record filed by PDS CONSULTANTS, INC. filed by USA, [18] MOTION for Judgment on the Administrative Record filed by PDS CONSULTANTS, INC., and [21] MOTION to Supplement Administrative Record filed by USA -- denying [18] Motion for Judgment on the Administrative Record; denying [20] Motion to Dismiss - Rule 12(b)(1); granting [20] Cross Motion; granting [21] Motion to Supplement the Administrative Record. The Clerk is directed to enter judgment. Signed by Senior Judge Victor J. Wolski. (bw) Service on parties made.

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