USCFC General Jurisdiction-Unreported

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

13-942 • DAVIDSON v. USA

Filed 07/18/2017
UNREPORTED ORDER denying Motion for Partial Summary Judgment; denying [70] Motion for Summary Judgment. Signed by Senior Judge Eric G. Bruggink. (jpk1) Copy to parties.

Keywords: re: Order on Motion for Partial Summary Judgment, Order on Motion for Summary Judgment, Unreported Order: Copyright infringement; Copyrightability; Fair use; Architectural works; Pictorial representations of architectural works exemption; 17 U.S.C. § 120(a); Pictorial, graphical, and sculptural works.

17-745 • ROBINSON v. USA

Filed 07/13/2017
UNREPORTED OPINION DISMISSING plaintiff's complaint, granting Motion for Leave to Proceed in forma pauperis The Clerk is directed to enter judgment. Additionally, the clerk's office is directed to return any future filings not in compliance with this court's rules. Signed by Judge Patricia E. Campbell-Smith. (ew) Copy to parties. Tracking# 7017 1450 0000 1346 3103.

Keywords: re: Pro Se Complaint; Sua Ponte Dismissal for Want of Jurisdiction; RCFC 12(h)(3); Transfer Not Warranted; 28 U.S.C. 1631 (2012)

14-135 • MEMMER v. USA

Filed 07/07/2017
UNREPORTED ORDER. Joint Status Report due by 7/21/2017. Signed by Judge Margaret M. Sweeney. (kb1)

Keywords: re: Unreported Order. Jurisdiction to Conduct Further Proceedings After the Filing of a Notice of Appeal of an RCFC 54(b) Judgment

16-376 • BOARD OF REGENTS OF THE NEVADA SYSTEM OF HIGHER EDUCATION v. USA

Filed 07/05/2017
UNREPORTED ORDER Regarding Redaction. Signed by Judge Victor J. Wolski.

Keywords: re: Reported Opinion; Post-award bid protest; U.S. Dept. of Energy; omissions of required information from proposals; alleged clerical error; failure to request clarification; unstated evaluation method; non-disclosure of incumbent contract staffing information; alleged disparate treatment due to incumbent facilities; Blue & Gold Fleet waiver.

16-75 • BIRDBEAR et al v. USA

Filed 07/05/2017
UNREPORTED OPINION granting in part and denying in part Motion to Quash; granting in part and denying in part [72] Motion to Quash. Proposed Protective Order due by 7/12/2017. Signed by Judge Elaine D. Kaplan.

Keywords: re: Order on Motion to Quash; Unreported Opinion; Native American Trust; Discovery; Subpoena; Non-Party; RCFC 45; Motion to Quash.

16-1510 • MORGAN v. USA

Filed 06/30/2017
MEMORANDUM OPINION AND FINAL ORDER re: granting Motion to Dismiss - Rule 12(b)(1) and (6). The Clerk is directed to enter judgment. Mailed via USPS certified mail receipt #7017 1540 0000 1346 0232. Signed by Chief Judge Susan G. Braden.

Keywords: re: 28 U.S.C. § 1491 (Tucker Act Jurisdiction); Rules of the United States Court of Federal Claims ("RCFC") 12(b)(1) (Subject Matter Jurisdiction), 12(b)(6) (Failure To State A Claim Upon Which Relief Can Be Granted), 41(b) (Failure to Prosecute).

17-495 • KIMBRELL v. USA

Filed 06/28/2017
***REDOCKETED FOR ADMINISTRATIVE PURPOSES ONLY***UNREPORTED ORDER denying Motion to set aside judgment for fraud on the court ; denying [6] Motion for Alternative Dispute Resolution ; granting [7] Motion to Amend/Correct; denying 9 Motion to leave and Motion under Rule 60 to set aside a judgment ; denying [10] Motion to Amend/Correct; denying [12] Motion to set aside a manufactured mortgage ; denying [15] Motion for leave under Rule 60 to set aside manufactured notes ; granting [18] Motion for Extension of Time to Answer; denying as moot [19] Motion to Amend/Correct; denying [20] Motion for Default Judgment; granting in part and denying in part [22] Motion to Stay Defendant's amended motion to dismiss this case due on or by Wednesday, July 26, 2017; Response to second and third motions to amend the complaint due Wednesday, July 26, 2017. Signed by Judge Victor J. Wolski. (vds) Service on parties made.

16-954 • GODFREY v. USA

Filed 06/28/2017
MEMORANDUM OPINION re: granting Motion for Summary Judgment. The Clerk is directed to enter judgment. Signed by Chief Judge Susan G. Braden. (dw) Copy to parties. [Sent via certified mail: 7017 1450 0000 1346 0225]

Keywords: re: Rules of the United States Court of Federal Claims ("RCFC") 15(a)(2) (Amendments Before Trial); 56 (Summary Judgment); 83.1(a)(3); (Eligibility to Practice; Pro Se Litigants).

16-694 • AMERICAN VANGUARD CORPORATION v. USA

Filed 06/27/2017
UNREPORTED OPINION--Filed this date. Signed by Senior Judge Robert H. Hodges, Jr.

17-828 • JARVIS v. USA

Filed 06/26/2017
UNREPORTED OPINION and ORDER; granting Motion for Leave to Proceed in forma pauperis. The Clerk is directed to enter judgment. This opinion was mailed to plaintiff via USPS #7017 1450 0000 1346 0195. Signed by Judge Elaine D. Kaplan.

Keywords: re: Pro Se Complaint; Freedom of Information Act; Equitable Relief.

17-755 • MORGAN v. USA

Filed 06/21/2017
UNREPORTED Order granting Motion for Leave to Proceed in forma pauperis. Plaintiff's complaint is DISMISSED as beyond our court's jurisdiction pursuant to RCFC 12(h)(3). The Clerk is directed to enter judgment. Signed by Judge Victor J. Wolski. [USPS Certified Mail Tracking #7017 1450 0000 1346 0133](vds) Copy to parties. (Main Document 5 replaced on 6/22/2017 to make text searchable)

17-807 • BURLESON v. USA

Filed 06/21/2017
UNREPORTED ORDER: Plaintiff must pay the $400 filing fee in full by Thursday, July 20, 2017, or his complaint will be dismissed for failure to prosecute, pursuant to Rule 41(b) of the Rules of the United States Court of Federal Claims. Signed by Judge Victor J. Wolski. (vds) Copy to parties. [USPS Certified Mail Tracking # 7017 1450 0000 1346 0126] Modified on 6/21/2017 to add tracking info (vds). (Main Document 4 replaced on 6/22/2017 to make document text-searchable.)

15-501 • 3RD EYE SURVEILLANCE, LLC v. USA

Filed 06/16/2017
UNREPORTED ORDER granting in part and denying in part Motion to Compel. Plaintiffs shall submit their rewritten requests for production to government counsel on or before 6/23/2017, and the government shall respond on or before 7/24/2017. The government is also ordered to respond to plaintiffs' requests for production regarding communications between and among the government and defendant-intervenors on or before July 24, 2017. To the extent it can claim that any of these documents are privileged, the government is ordered to produce a privilege log pursuant to RCFC 26(b)(5)(A). Signed by Judge Charles F. Lettow.

17-92 • SAXON v. USA

Filed 06/15/2017
Re-docketed For Administrative Purposes MEMORANDUM OPINION and ORDER granting 5 Motion to Dismiss - Rule 12(b)(1) and 12(b)(6) is moot. The Clerk is directed to enter judgment. Mailed via USPS certified mail #7016 3010 0000 4308 3617. Signed by Chief Judge Susan G. Braden. (dw) Copy to parties. (Entered: 06/16/2017)

Keywords: re: 28 U.S.C. § 1491 (Tucker Act Jurisdiction); Rules of the United States Court of Federal Claims ("RCFC") 12(b)(1) (Subject Matter Jurisdiction); RCFC 12(b)(6) (Failure to State a Claim Upon Which Relief Can Be Granted); Pro Se.

10-647 • COLONIAL CHEVROLET CO., INC. et al v. USA

Filed 06/14/2017
UNREPORTED ORDER granting-in-part and denying-in-part Plaintiffs' motion for relief; granting [260] Plaintiffs' Motion for Leave to File. Plaintiffs' proposed discovery requests and schedule due by 6/30/2017. Defendant's response, if necessary, due by 7/14/2017. Signed by Senior Judge Nancy B. Firestone.

Keywords: re: Order on Motion for Leave to File, Unreported Order, RCFC 56(d).

17-635 • BARTH v. USA

Filed 06/14/2017
ORDER OF DISMISSAL. The Clerk is directed to enter judgment. Mailed via USPS certified mail #70160910000235083623. Signed by Senior Judge Nancy B. Firestone.

Keywords: re: Pro Se; Sua Sponte Dismissal; Lack of Subject Matter of Jurisdiction; Claims Against State Officials and Agencies; Civil Rights Claims; Tort Claims; RICO Claims; Constitutional Claims; Collateral Attack of Other Court Decisions

13-6040 • CLEARWATER HOUSING AUTHORITY v. USA

Filed 06/13/2017
UNREPORTED Order The Clerk is directed to enter judgment in the consolidated cases. Signed by Judge Elaine D. Kaplan. (Attachments: # (1) Table of Damages)

16-1711 • JURICH v. USA

Filed 06/13/2017
UNREPORTED OPINION and ORDER granting Motion for Leave to Proceed in forma pauperis solely for purposes of deciding the government's motion to dismiss; denying [2] Motion to Appoint Counsel; directing the clerk to return, unfiled, plaintiff's motion for reconsideration and correction of the record, received on June 6, 2017; and dismissing the complaint without prejudice. The Clerk is directed to enter judgment. Signed by Judge Elaine D. Kaplan. (dls) Copy to parties. (Plaintiff served via certified mail; Article No. 7016 3010 0000 4308 3600)

Keywords: re: Pro Se Complaint; Subject Matter Jurisdiction; Military Pay Act; Statute of Limitations; 28 U.S.C. § 2501.

15-880 • KALOS et al v. USA

Filed 06/12/2017
MEMORANDUM OPINION and ORDER denying Motion for Relief from Judgment - Rule 60. Sent to plaintiff via USPS certified mail # 70163010000043083594. Signed by Chief Judge Susan G. Braden. (dw) Copy to parties. Modified on 6/14/2017 to remove text directing the entry of judgment.

Keywords: re: Rules of the United States Court of Federal Claims ("RCFC") 60(b)(1), (b)(6) (Relief From a Judgment or Order).

16-1073 • SCHIRRIPA v. USA

Filed 06/09/2017
UNREPORTED MEMORANDUM OPINION and ORDER granting Motion for Leave to Proceed in forma pauperis; granting [25] Motion to Dismiss - Rule 12(b)(1) and (6); and denying as moot [6] Motion for confidential alternative dispute resolution; [11] Motion for a more definite statement; [22] Motion for joinder of party; [23] Motion for a preliminary injunction; [27] Motion for pleading special matters; [33] Motion for leave to file a motion for judgment on the pleadings; [34] Motion for entry of default; and [35] Motion for default judgment. The Clerk is directed to enter judgment. No costs. Signed by Judge Lydia Kay Griggsby. (dls) Copy to parties. (Plaintiff served via certified mail; Article No. 7016 3010 0000 4308 3556)

Keywords: re: Pro Se; RCFC (12(b)(1); Subject-Matter Jurisdiction; RCFC 12(b)(6); Failure to State a Claim; Pre-Award Bid Protest; Unilateral Contract; Fifth Amendment Takings; In Forma Pauperis.

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