USCFC General Jurisdiction-Unreported

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

20-66 • LANDGRAF v. USA

Filed 05/13/2020
UNREPORTED OPINION and ORDER DENYING MOTION to Dismiss pursuant to Rules 12 (b)(1) and (6) (Answer due 5/27/2020, Joint Status Report proposing discovery schedule due 5/27/2020). Signed by Judge Richard A. Hertling. (ah) Service on parties made.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1) and (6), Unreported Opinion; Motion to Dismiss; Contract; Duty; Breach; Expectancy Damages; Causation

20-168 • MORENO v. USA

Filed 04/30/2020
UNREPORTED OPINION: granting Motion for Leave to Proceed in forma pauperis; granting [7] Motion to Dismiss - Rule 12(b)(1) The Clerk is directed to enter judgment. Signed by Judge Elaine D. Kaplan. (ac7) Service on parties made; plaintiff served via U.S. mail. (Main Document 8 replaced on 4/30/2020 to enter correct PDF) (ac7).

20-247 • PETERS v. USA

Filed 04/30/2020
**RE-DOCKETED TO CORRECT FILING ERROR** UNREPORTED OPINION granting [6] Motion to Dismiss - Rule 12(b)(1) The Clerk is directed to enter judgment. Signed by Senior Judge Charles F. Lettow. (tb) Service on parties made.

20-356 • ACTA, LLC v. USA

Filed 04/29/2020
UNREPORTED ORDER. Signed by Senior Judge Victor J. Wolski. (jad) Service on parties made.

20-241 • HASKEW v. USA

Filed 04/27/2020
UNREPORTED OPINION. granting Motion for Leave to Proceed in forma pauperis for limited purposes of this order; Denying as moot [8] Motion to Disqualify Counsel and [9] Motion to Transfer; granting [11] Motion to Dismiss. Signed by Senior Judge Nancy B. Firestone. (gd) Service on parties made. Signed by Senior Judge Nancy B. Firestone. (gd) Service on parties made; plaintiff served via U.S. mail.

Keywords: re: Pro Se Plaintiff; Lack of Subject-Matter Jurisdiction; Rule 12(b)(1); Telecommunications Act; Tax Refund.

20-461 • FLYNN v. USA

Filed 04/24/2020
UNREPORTED Order: The plaintiff's complaint is DISMISSED without prejudice pursuant to Rules 12(b)(1) and 12(h)(3) of the Rules of the Court of Federal Claims. The Clerk is directed to enter judgment accordingly. No costs are awarded. Signed by Judge Richard A. Hertling. (ah) Service on parties made; plaintiff served via U.S. mail. (Main Document 5 replaced on 4/24/2020)to add Keywords

Keywords: re: Unreported Order, Pro Se, Subject-Matter Jurisdiction, Sua Sponte Dismissal

18-1822 • BOWMAN CONSTRUCTION COMPANY v. USA

Filed 04/23/2020
RE-DOCKETED FOR POSTING TO THE COURT'S WEBSITE. UNREPORTED OPINION AND ORDER granting in part MOTION for Sanctions pursuant to Rule 37. The trial previously scheduled to begin 6/22/2020 is postponed until further order of the Court. The parties shall file a joint status report by 5/1/2020 proposing a joint schedule for trial and further proceedings. Signed by Senior Judge Mary Ellen Coster Williams. (ag) Service on parties made.

20-36 • POOLE v. USA

Filed 04/21/2020
UNREPORTED OPINION granting MOTION to Dismiss pursuant to Rule 12(b)(1). The Clerk is directed to enter judgment. Signed by Judge Elaine D. Kaplan. (feb) Service on parties made; plaintiff served via U.S. mail.

Keywords re Opinion and Order on Motion to Dismiss - Rule 12(b)(1): Pro Se; Subject-Matter Jurisdiction; RCFC 12(b)(1); Unlawful Imprisonment; Unjust Conviction and Imprisonment; 28 U.S.C. § 1495.

19-938 • HUNT v. USA

Filed 04/17/2020
UNREPORTED OPINION on MOTION to Dismiss pursuant to Rules 12 (b)(1) and (6) filed by USA. granting [8] Motion to Dismiss - Rule 12(b)(1) and (6) The Clerk is directed to enter judgment. Signed by Judge Ryan T. Holte. (es) Service on parties made; plaintiff served by U.S. mail.

Keywords: Pro se; RCFC 12(b)(1); RCFC 12(b)(6); Subject-Matter Jurisdiction.

20-410 • ROSS v. USA

Filed 04/14/2020
(RE-DOCKTED FOR POSTING ON THE COURT'S WEBSITE). UNREPORTED ORDER denying [2] Motion for Leave to Proceed in forma pauperis: Plaintiff's motion to proceed in forma pauperis is DENIED. Plaintiff is ORDERED to pay the filing fee by May 13, 2020. Failure to do so will result in dismissal of this action for failure to prosecute. Signed by Senior Judge Nancy B. Firestone. (dpk) Service on parties made. Sent to plaintiff via First Class mail. (ac7). Signed by Senior Judge Nancy B. Firestone.

Keywords: re: Pro Se; Prison Litigation Reform Act; 28 U.S.C. § 1915(g); Three-Strikes Bar.

19-1607 • MADEY v. USA

Filed 04/14/2020
UNREPORTED Order granting Motion to Dismiss. The Clerk is directed to enter judgment. Signed by Judge Eleni M. Roumel. (klb) Service on parties made; plaintiff served via U.S. mail.

19-1366 • STEWART v. USA

Filed 04/13/2020
UNREPORTED MEMORANDUM OPINION AND ORDER granting Motion to Dismiss and dismissing the complaint. The Clerk is directed to enter judgment. Signed by Judge Lydia Kay Griggsby. (jw) Service on parties made.

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; Statute of Limitations, 28 U.S.C. § 2501, re: Unreported Memorandum Opinion and Order granting Motion to Dismiss and dismissing the complaint.

09-333 • KOOPMANN v. USA

Filed 04/10/2020
Re-Docketing of Order for Posting to the Court's Website UNREPORTED ORDER granting [90] Motion to Dismiss - Rule 12(b)(6). Signed by Senior Judge Victor J. Wolski. (jt1) Service on parties made.

20-323 • PETERSON et al v. USA

Filed 04/09/2020
UNREPORTED OPINION that the plaintiffs motion to proceed in forma pauperis is GRANTED, and her complaint is DISMISSED without prejudice pursuant to Rules 12(b)(1) and 12 (h)(3) of the Rules of the Court of Federal Claims. A dismissal without prejudice allows the plaintiffs to refile her complaint in a court that may assert jurisdiction over her claims. The Clerk is directed to enter judgment accordingly. No costs are awarded. Signed by Judge Richard A. Hertling. (agg) Service on parties made; plaintiffs served via U.S. mail.

16-1633 • BANKS v. USA

Filed 04/06/2020
UNREPORTED ORDER denying Motion to Intervene( Status Report due by 5/1/2020); ( Status Report due by 5/1/2020). Signed by Senior Judge Eric G. Bruggink. (jpk1) Service on parties made.

Keywords: re: Order on Motion to Intervene, Unreported Order: Rails-to-trails; Fifth Amendment takings; Motion to Intervene by former law firm; RCFC 24; Duty of Loyalty; Former law firms interests are adequately represented.

17-507 • SCARSELLI v. USA

Filed 04/03/2020
UNREPORTED OPINION on CROSS-MOTION for Judgment on the Administrative Record filed by USA, [40] MOTION for Judgment on the Administrative Record After Remand filed by PIETRO SCARSELLI, [24] MOTION for Judgment on the Administrative Record filed by PIETRO SCARSELLI. Denying [24] Motion for Judgment on the Administrative Record; Denying [40] Motion for Judgment on the Administrative Record; Granting [43] Cross-Motion for Judgment on the Administrative Record. The Clerk is directed to enter judgment. Signed by Judge David A. Tapp. (emc) Service on parties made.

20-356 • ACTA, LLC v. USA

Filed 04/02/2020
UNREPORTED ORDER on MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by ACTA, LLC. Signed by Senior Judge Victor J. Wolski. (jad) Service on parties made.

17-179 • BEBERMAN v. USA

Filed 04/02/2020
UNREPORTED ORDER granting Motion to Stay filed by USA, staying proceedings pending the outcome of plaintiff's appeal of the district court case now before the Third Circuit. The Clerk's Office is directed to STAY this matter until further order of the court. The parties are directed to FILE a joint status report informing the court of the Third Circuit's decision, and proposing an agreed upon schedule for proceeding in this case, within fourteen days of publication thereof. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made.

Keywords: re: Order on Motion to Stay. Motion to Stay. (TQ)

19-611 • BREWINGTON et al v. USA

Filed 04/01/2020
**RE-DOCKETED FOR POSTING TO THE COURT'S WEBSITE** UNREPORTED ORDER granting Motion to Dismiss - Rule 12(b)(1). The Clerk is directed to enter judgment. Signed by Judge Eleni M. Roumel. (srb1) Service on parties made; plaintiffs served via U.S. mail.

19-1142 • SIMMONS v. USA

Filed 03/31/2020
UNREPORTED OPINION granting Motion for Summary Judgment The Clerk is directed to enter judgment. Signed by Chief Judge Margaret M. Sweeney. (ac7) Service on parties made; plaintiff served via U.S. mail. .

Keywords: Pro Se Plaintiff; Tax Refund; Credit for Qualified Adoption Expenses; IRC § 23; RCFC 56; Motion for Summary Judgment.

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