USCFC General Jurisdiction-Unreported

U.S. Court of Federal Claims Opinions
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16-1579 • ODEN v. USA

Filed 12/29/2017
UNREPORTED OPINION: granting Motion to Dismiss - Rule 12(b)(1) and (6) The Clerk is directed to enter judgment. Signed by Judge Victor J. Wolski. (ac7) Service on parties made. (Main Document 15 replaced on 1/2/2018 to make text-searchable)

09-258 • VANDESANDE v. USA

Filed 12/21/2017
UNREPORTED MEMORANDUM OPINION AND ORDER denying Motion for Partial Summary Judgment; granting-in-part and denying-in-part [131] Cross Motion for Summary Judgment. The Clerk is directed to enter judgment. Signed by Judge Lydia Kay Griggsby. (atw) Service on parties made.

Keywords: RCFC 56; Summary Judgment; Breach of Contract; Waiver, re: Unreported Memorandum Opinion and Order on Motion for Partial Summary Judgment and Cross Motion for Summary Judgment.

17-3000 • IN RE ADDICKS AND BARKER (TEXAS) FLOOD-CONTROL RESERVOIRS V. USA

Filed 12/21/2017
UNREPORTED ORDER - CASE MANAGEMENT ORDER NO. 4 (Regarding Assignment of Judges and Ruling During The December 20, 2017 Hearing). Signed by Chief Judge Susan G. Braden. (bs) Service on parties made.

17-535 • THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY v. USA

Filed 12/21/2017
UNREPORTED MEMORANDUM OPINION AND ORDER Granting Government's Motion to Dismiss - Rule 12(b)(1) The Clerk is directed to enter judgment. Signed by Judge Lydia Kay Griggsby. (mg) Service on parties made.

Keywords: Contract Disputes Act; 41 U.S.C. §§ 7101, et seq.; RCFC 12(b)(1); Subject-Matter Jurisdiction re: Order on Motion to Dismiss - Rule 12(b)(1), Unreported Opinion

17-1885 • WARREN v. USA

Filed 12/20/2017
UNREPORTED OPINION: DENIED as MOOT Motion for Leave to Proceed in forma pauperis The Clerk is directed to enter judgment. Signed by Judge Victor J. Wolski. U.S. Certified Mail Tracking# 7017 1450 0000 1346 0454(vds) Service on parties made.

17-1656 • AUSTIN v. USA

Filed 12/19/2017
UNREPORTED ORDER denying Motion to Amend/Correct; denying [8] Motion to Require Proof of Legal Standing. Signed by Judge Victor J. Wolski. (vds) Service on parties made.

10-420 • CLEAR CREEK COMMUNITY SERVICES DISTRICT v. USA

Filed 12/19/2017
Docketed for Administrative Purposes ORDER denying in part and denying as moot in part Motion for Reconsideration. The parties shall file a joint status report with a proposed pretrial and trial schedule on or before Friday, January 19, 2018. Signed by Judge Margaret M. Sweeney. (sp) (Entered: 12/19/2017)

Keywords: RCFC 59; Principles of Contract Interpretation; Ambiguities; Mutuality of Consideration; Perpetuity; Extrinsic Evidence; Parol Evidence Rule; Surplusage.

17-1127 • THOMAS-BEY v. USA

Filed 12/18/2017
UNREPORTED ORDER : This case is DISMISSED for failure to prosecute under RCFC 41(b); DENIED as MOOT Motion to Dismiss - Rule 12(b)(1) and (6) The Clerk is directed to enter judgment. Signed by Judge Victor J. Wolski. U.S. Certified Mail Receipt Tracking# 7017 1450 0000 1346 0492(vds) Service on parties made. (Main Document 8 replaced on 12/19/2017 to make text-searchable)

15-878 • PRYDE v. USA

Filed 12/15/2017
UNREPORTED OPINION: denying [57], [58], and Plaintiffs' Motion for Summary Judgment; granting in part [66] the Government's Cross-Motion for Summary Judgment; and dismissing the complaint. The Clerk is directed to enter judgment. Signed by Judge Lydia Kay Griggsby. (rdb) Service on parties made.

Keywords: I.R.C. § 172; Net Operating Loss; Carryback; Theft Loss Deduction; I.R.C. § 165; Bad Debt Deduction; I.R.C. § 166; RCFC 56; Res Judicata; Judicial Notice, re: Unreported Opinion.

15-962 • WOODIES HOLDINGS, L.L.C. v. USA

Filed 12/14/2017
UNREPORTED ORDER denying Motion for Summary Judgment; denying [66] Motion for Summary Judgment; denying [70] Cross Motion; ( Status Report due by 1/5/2018). Signed by Senior Judge Eric G. Bruggink. (jpk1) Copy to parties. (Main Document 80 replaced on 12/15/2017) (jt1).

Keywords: re: Order on Motion for Summary Judgment,, Order on Cross Motion [Dispositive], Unreported Order: Breach of lease; Tax adjustment clause; Reformation; Unilateral Mistake.

17-766 • BETTIS v. USA

Filed 12/12/2017
UNREPORTED OPINION and ORDER granting Motion to Dismiss - Rule 12(b)(1); and denying, as moot, [18] Motion for Reconsideration. The Clerk is directed to enter judgment. No costs. Signed by Judge Margaret M. Sweeney. (dls) Copy to parties. (Plaintiff served via certified mail; Article No. 7017 1450 0000 1346 0553)

Keywords: re: Pro Se Plaintiff; Motion to Dismiss; RCFC 12(b)(1); Tax Refund; Flora Full Payment Rule.

17-1069 • POBLETE v. USA

Filed 12/12/2017
UNREPORTED OPINION and ORDER denying Motion to Amend Pleadings - Rule 15(b); granting [9] Motion to Dismiss - Rule 12(b)(1). The Clerk is directed to enter judgment. No costs. Signed by Judge Thomas C. Wheeler. (ar) Copy to parties. [Sent via certified mail: 7017 1450 0000 1346 0560]

17-613 • GRANITE v. USA

Filed 12/08/2017
UNREPORTED OPINION and FINAL ORDER granting Motion to Dismiss - Rule 12(b)(1) and (6). The Clerk is directed to enter judgment. Signed by Chief Judge Susan G. Braden. (ar) Copy to parties. [Sent via certified mail: 7017 1450 0000 1346 0584]

17-1784 • WARREN v. USA

Filed 12/06/2017
UNREPORTED ORDER Denying as Moot Motion to proceed as pro se; Denying as Moot [5] Motion for Summary Judgment; Denying as moot [6] Motion for Extension of Time. The Clerk is directed to enter judgment. Signed by Senior Judge Eric G. Bruggink. U.S. Certified Mail Tracking# 7017 1450 0000 1346 0591.

17-1082 • STRAW v. USA

Filed 12/06/2017
**RE-DOCKETED FOR ADMINISTRATIVE PURPOSES** UNREPORTED OPINION. The Clerk is directed to enter judgment. Signed by Judge Marian Blank Horn.

17-3000 • IN RE ADDICKS AND BARKER (TEXAS) FLOOD-CONTROL RESERVOIRS V. USA

Filed 12/05/2017
UNREPORTED MANAGEMENT ORDER NO. 2 (ORDER ESTABLISHING SUB-MASTER DOCKET FOR UPSTREAM CLAIMS). Signed by Chief Judge Susan G. Braden. (cn) Copy to parties. (Additional attachment(s) added on 12/5/2017: # (1) Attachment A)

17-3000 • IN RE ADDICKS AND BARKER (TEXAS) FLOOD-CONTROL RESERVOIRS V. USA

Filed 12/05/2017
UNREPORTED ORDER SEVERING UPSTREAM CLAIMS AND DOWNSTREAM CLAIMS IN 17-1652L INTO TWO SEPARATE DOCKETS. Signed by Chief Judge Susan G. Braden.

17-3000 • IN RE ADDICKS AND BARKER (TEXAS) FLOOD-CONTROL RESERVOIRS V. USA

Filed 12/05/2017
UNREPORTED MANAGEMENT ORDER NO.3 (ORDER ESTABLISHING SUB-MASTER DOCKET FOR DOWNSTREAM CLAIMS). Signed by Chief Judge Susan G. Braden. (cn) Copy to parties. (Additional attachment(s) added on 12/5/2017: # (1) Attachment A)

17-664 • CONTINENTAL SERVICE GROUP, INC. v. USA

Filed 12/04/2017
UNREPORTED MEMORANDUM OPINION and FINAL ORDER. The Clerk is directed to enter judgment. Signed by Chief Judge Susan G. Braden.

Keywords: re: Fair Debt Collection Practices Act (FDCPA),15 U.S.C. § 1692 (2012); Rule of the United States Court of Federal Claims(RCFC) 12(b)(1) (Lack of Subject Matter Jurisdiction and Lack ofStanding); 40.1(b)(Assigning and Transferring Cases); Unfair, Deceptive, or Abusive Acts or Practices (UDAAP), 12 U.S.C. § 5536 (2012); United States Court of Federal Claims Bid Protest Jurisdiction, 28 U.S.C.§ 1491(b)(1). (ar)Keywords: re: [60] Fair Debt Collection Practices Act (FDCPA),15 U.S.C. § 1692 (2012); Rule of the United States Court of Federal Claims (RCFC) 12(b)(1) (Lack of Subject Matter Jurisdiction and Lack of Standing); 40.1(b)(Assigning and Transferring Cases); Unfair, Deceptive, or Abusive Acts or Practices (UDAAP), 12 U.S.C. § 5536 (2012); United States Court of Federal Claims Bid Protest Jurisdiction, 28 U.S.C.§ 1491(b)(1).

17-1122 • DAVENPORT v. USA

Filed 12/04/2017
UNREPORTED OPINION and ORDER granting Motion to Dismiss - Rule 12(b)(1); denying [15] Motion for Summary Judgment. The Clerk is directed to enter judgment. No costs. Signed by Judge Thomas C. Wheeler. (ar) Copy to parties. [Sent via certified mail: 7017 1450 0000 1346 0638]

Keywords: re: Rule 12(b)(l) Motion to Dismiss; Rejection of Sovereign Citizen Theory; Constitutional Claims Not Money-Mandating.

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