USCFC General Jurisdiction-Unreported

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U.S. Court of Federal Claims Opinions
Updated: 9 months 2 weeks ago

20-700 • VERTEX AEROSPACE, LLC. v. USA

Filed 10/05/2020
UNREPORTED UNSEALED OPINION. Signed by Senior Judge Edward J. Damich. (lp1) Service on parties made. (Main Document 56 replaced on 10/5/2020 to upload correct pdf.)

Keywords: re: Unreported Opinion. Post Award Bid Protest; Motion to Dismiss; Motion for Judgment on the Administrative Record; Best-Value; Allied Tech. Group, Inc. v. United States, 649 F.3d 1320 (Fed. Cir. 2011); Bannum, Inc. v. United States, 404 F.3d 1346 (Fed. Cir. 2005.

17-166 • DAVID BOLAND, INC. v. USA

Filed 09/22/2020
UNREPORTED ORDER denying Motion in Limine; denying [38] Motion in Limine; on [38] MOTION in Limine to Exclude Defendant's Expert filed by DAVID BOLAND, INC., [39] Corrected MOTION in Limine to Exclude Defendant's Expert filed by DAVID BOLAND, INC. ( Status Report due by 10/6/2020). Signed by Senior Judge Victor J. Wolski. (jak) Service on parties made.

20-831 • JOHNSON et al v. USA

Filed 09/22/2020
UNREPORTED OPINION granting 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 Nancy B. Firestone. (lb) Service on parties made; plaintiffs served via U.S. mail.

Keywords re Order on Motion to Dismiss - Rule 12(b)(1): Pro Se; RCFC 12(b)(1); State Courts; State Agencies.

19-759 • TOWNSEND v. USA

Filed 09/16/2020
UNREPORTED OPINION granting Motion to Dismiss; granting [2] Motion for Leave to Proceed in forma pauperis. The Clerk is directed to enter judgment. Signed by Judge Eleni M. Roumel. (klb) Service on parties made. (Main Document 22 replaced on 9/17/2020)

20-1138 • IRIZARRY v. USA

Filed 09/14/2020
UNREPORTED OPINION dismissing case for lack of subject matter jurisdiction and for failure to state a claim. The Clerk is directed to enter judgment. No costs awarded. Signed by Judge David A. Tapp. (co) Service on parties made; plaintiff served via U.S. mail.

Keywords: pro se, subject matter jurisdiction, failure to state a claim, habeas corpus, collateral attack, U.S. Const. Art. 1, Article IV, Fourth Amendment, Fifth Amendment, Sixth Amendment, Thirteenth Amendment, 28 USC Section 2241; re: Unreported Opinion

20-1139 • IRIZARRY v. USA

Filed 09/10/2020
**RE-DOCKETED FOR POSTING TO THE COURT'S WEBSITE** Order of Dismissal. The plaintiffs motion to proceed in forma pauperis is GRANTED. His petition for habeas corpus and complaint for damages are DISMISSED without prejudice pursuant to RCFC 12(b)(1) and 12 (h)(3), except that, to the extent that the complaint presents a claim for damages under 28 U.S.C. § 2513, the complaint is DISMISSED with prejudice pursuant to RCFC 12(b)(6). The Clerk is directed to enter judgment accordingly. No costs are awarded. Signed by Judge Richard A. Hertling. (dhf) Service on parties made; plaintiff served via U.S. mail. (dls) (Entered: 09/10/2020)

Keywords: re: Order on Motion for Leave to Proceed in forma pauperis, Order Dismissing Case, Pro Se; Sua Sponte Dismissal; RCFC 12(b)(1); RCFC 12(b)(6); Habeas Corpus; 28 U.S.C. § 2241; 28 U.S.C. § 2513. (dhf) Modified on 9/11/2020 to update document link (ead).

16-358 • ARUNACHALAM v. USA

Filed 09/09/2020
UNREPORTED OPINION granting Motion to Dismiss. The Clerk is directed to enter judgment. Signed by Judge Ryan T. Holte. (nb7) Service on parties made.

Keywords: re: Order on Motion to Dismiss: Pro se; Patent Infringement; RCFC 12(b)(1); RCFC 12(b)(6); Motion to Dismiss.

20-524 • HYMAS v. USA

Filed 09/08/2020
UNREPORTED OPINION finding as moot Motion for Default Judgment; granting [8] Motion to Dismiss - Rule 12(b)(1) and (6); and granting [2] Motion for Leave to Proceed in forma pauperis for the limited purposes of this order. This case is dismissed for lack of subject matter jurisdiction. The Clerk is directed to enter judgment. Signed by Senior Judge Nancy B. Firestone. (lb) Service on parties made; plaintiff served via U.S. mail.

Keywords re Order: Pro Se Plaintiff; 28 U.S.C. 1500.

20-662 • KGL FOOD SERVICES WLL v. USA

Filed 09/08/2020
UNREPORTED ORDER of the court's August 25, 2020 order issued under seal, [71], granting defendant's Motion for Leave to File Supplemental Administrative Record, denying, as moot, [69] plaintiff's alternative motion for leave to file a sur-reply made in its response. No redactions were proposed by the parties. See ECF No. [73] (notice). Thus, the sealed and public versions of this order are identical, except for the publication date and this footnote. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made.

Keywords: re: Unreported Order. Motion to Complete the Administrative Record; Motion to Supplement the Administrative Record. (TQ)

14-494 • BAHA v. USA

Filed 09/04/2020
UNREPORTED ORDER denying Motion for Reconsideration. Signed by Senior Judge Nancy B. Firestone. (lb) Service on parties made.

Keywords re Unreported Order on Motion for Reconsideration: RCFC 59; RCFC 60; Newly-Raised Arguments; Release

18-1395 • FOX LOGISTICS AND CONSTRUCTION COMPANY v. USA

Filed 09/04/2020
UNREPORTED ORDER denying Motion to Compel. Signed by Judge Thomas C. Wheeler. (nc) Service on parties made.

20-933 • JERDINE v. USA

Filed 08/21/2020
UNREPORTED Dismissal Order denying Motion for Leave to Proceed in forma pauperis and directing the clerk's office to enter final judgment, without prejudice. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made; plaintiff served via U.S. mail.

Keywords: re: Unreported Dismissal Order denying Motion for Leave to Proceed in forma pauperis. Pro Se Complaint; Tort Claim; Due Process; Eighth Amendment; Sua Sponte Dismissal for Lack of Jurisdiction; RCFC 12(h)(3). (TQ)

20-500 • DELL v. USA

Filed 08/20/2020
UNREPORTED OPINION and ORDER: Granting Motion to Dismiss - Rule 12(b)(1) The Clerk is directed to enter judgment. Signed by Judge Elaine D. Kaplan. (vds) Service on parties made; plaintiff served via U.S. mail.

20-336 • HASTINGS v. USA

Filed 08/20/2020
UNREPORTED Dismissal Order granting Motion for Leave to Proceed in forma pauperis denying [6] Motion for Summary Judgment; denying [20] Motion to Appoint Counsel; directing the clerk's office to REJECT as defective plaintiff's "Notice of Concern for Retaliation by the Defendant and the State of Texas," received on August 7,2020; and plaintiff's "Notice of Illegal Hearing by the State of Texas," received on August 10, 2020; directing the clerk's office to REJECT any future filings not in compliance with this court's rules, without further order of the court ; directing the clerk's office to DISMISS plaintiff's complaint without prejudice and enter final judgment. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made. Modified text on 8/20/2020 (ead). Plaintiff served via U.S. mail.

Keywords: re: Unreported Dismissal Order on Motion for Summary Judgment, Order on Motion to Appoint Counsel, Order on Motion for Leave to Proceed in forma pauperis. Pro Se Complaint; Sua Sponte Dismissal for Lack of Jurisdiction; RCFC 12(h)(3). (TQ)

20-1012 • AMIR v. USA

Filed 08/19/2020
UNREPORTED ORDER granting Motion for Leave to Proceed in forma pauperis for the limited purpose of determining this court's jurisdiction and directing sua sponte dismissal. Pursuant to RCFC 12(h)(3), the clerk's office is directed to ENTER final judgment DISMISSING plaintiff's complaint for lack of subject matter jurisdiction, without prejudice. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made; plaintiff served via U.S. mail.

Keywords: re: Unreported Order on Motion for Leave to Proceed in forma pauperis, Pro Se Complaint; Sua Sponte Dismissal for Want of Jurisdiction; RCFC 12(h)(3). (TQ)

20-287 • KENAN v. USA

Filed 08/18/2020
UNREPORTED ORDER and OPINION : Granting Motion to Dismiss - Rule 12(b)(1) and (6); Denying as moot[10] Motion for Reconsideration The Clerk is directed to enter judgment. Signed by Judge Elaine D. Kaplan. (vds) Service on parties made; plaintiff served via U.S. mail.

20-980 • FOGEL v. USA

Filed 08/18/2020
UNREPORTED ORDER: Granting Motion for Leave to Proceed in forma pauperis The Clerk is directed to enter judgment. Signed by Judge Elaine D. Kaplan. (vds) Service on parties made; plaintiff served via U.S. mail.

20-710 • DENTON v. USA

Filed 08/17/2020
UNREPORTED OPINION granting Motion for Leave to File; denying [7] Motion for Extension of Time to Amend; denying [8] Motion for Extension of Time; denying [9] Motion for Leave to Proceed in forma pauperis; granting [11] Motion for Leave to File; denying [12] Motion; denying [13] Motion; denying [14] Motion to Stay; denying [15] Motion. The Clerk is directed to enter judgment. Signed by Senior Judge Charles F. Lettow. (sg) Plaintiff served via U.S. mail. (dls) Modified on 8/18/2020 (tb). Regenerated due to change of ECF No.

19-1707 • DOWNEY v. USA

Filed 08/17/2020
UNREPORTED ORDER granting Motion for Extension of Time to Answer,; granting [2] Motion for Leave to Proceed in forma pauperis; on [6] MOTION for Extension of Time until 1/17/2020 to File Answer re [1] Complaint filed by USA, [7] MOTION to Dismiss pursuant to Rule 12(b)(1) filed by USA, [2] MOTION for Leave to Proceed in forma pauperis filed by MARK DOWNEY (Response due by 9/18/2020.). Signed by Senior Judge Victor J. Wolski. (jad) Service on parties made; plaintiff served via U.S. mail.

19-1553 • COOPER v. USA

Filed 08/13/2020
UNREPORTED OPINION granting MOTION to Dismiss pursuant to Rules 12 (b)(1) and (6) filed by USA. The clerk's office is directed to enter final judgment DISMISSING plaintiff's complaint for lack of subject matter jurisdiction in favor of defendant, without prejudice. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made; plaintiff served via U.S. mail.

Keywords: re: Unreported Opinion; Motion to Dismiss; Rule 12(b)(1), Dismissal for Lack of Subject Matter Jurisdiction; Claim Challenging IRS Lock-In Letter; Tax Refund Claim. (TQ)

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