USCFC General Jurisdiction-Unreported

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

16-1660 • GRANT et al v. USA

Filed 02/22/2017
OPINION AND ORDER re: denying Motion for Default Judgment and plaintiff's claims against all defendants other than the United States are DISMISSED without prejudice. Signed by Judge Elaine D. Kaplan.

Keywords: re: Federal Rules of Civil Procedure; Rules of the Court of Federal Claims; Default Judgment; RCFC 55; Subject Matter Jurisdiction.

16-1680 • TERACORE, INC. v. USA

Filed 02/21/2017
UNREPORTED Order finding as moot Motion for TRO; finding as moot [5] Motion for Preliminary Injunction; granting [17] Motion to Voluntarily Dismiss - Rule 41(a) The Clerk is directed to enter judgment. Signed by Judge Susan G. Braden.

16-1022 • MARTINEZ v. USA

Filed 02/16/2017
UNREPORTED OPINION and ORDER granting Motion to Dismiss - Rule 12(b)(1) The Clerk is directed to enter judgment. Signed by Judge Charles F. Lettow. U.S. Postal Service Certified Mail tracking# 7011 0470 0002 5084 3648.

16-821 • JOSEPH v. USA

Filed 02/14/2017
MEMORANDUM OPINION AND FINAL ORDER re: granting Motion to Dismiss - Rule 12(b)(1). The Clerk is directed to enter judgment. Signed by Judge Susan G. Braden.

Keywords: re: 18 U.S.C. § 981(a)(1)(C) (Property Subject To Forfeiture To The United States); 18 U.S.C. § 983(d)(Innocent Owner Defense); 21 U.S.C. § 881(a)(6) (Controlled Substances Act); Rules of the United States Court of Federal Claims ("RCFC") 12(b)(1) (Subject Matter Jurisdiction); RCFC 15(a) (Amendment of Pleadings); RCFC 41(b) (Failure to Prosecute).

16-1578 • TWO HEARTS v. USA

Filed 02/14/2017
MEMORANDUM OPINION AND ORDER re: denying Motion for Third Party Representation. Signed by Judge Susan G. Braden.

Keywords: re: Rule of the United States Court of Federal Claims ("RCFC") 83.3 (Legal Assistance by Law Students).

16-1126 • MOORE v. USA

Filed 02/13/2017
UNREPORTED OPINION and ORDER granting Motion for Leave to Proceed in forma pauperis solely for purposes of dismissing the complaint; granting [5] Motion to Dismiss - Rule 12(b)(1) and (6); and denying, as moot, [5] Motion for More Definite Statement. The Clerk is directed to enter judgment. Signed by Judge Elaine D. Kaplan. (dls) Copy to parties. (Plaintiff served via certified mail; Article No. 7014 1200 0000 9093 6576)

Keywords: re: Pro Se Complaint; Motion to Dismiss; RCFC 12(b)(1); RCFC 12(b)(6); Tucker Act.

16-560 • HARRIS v. USA

Filed 02/09/2017
UNREPORTED OPINION granting in part and denying in part Motion to Dismiss - Rule 12(b)(6); granting [3] Motion for Leave to Proceed in forma pauperis. The Clerk is directed to dismiss the complaint and enter judgment accordingly. Signed by Senior Judge Eric G. Bruggink.

Keywords: re: Military Pay Act, 37 U.S.C. § 204; Absent Without Leave ("AWOL"); 3 7 U.S.C. § 503; Absence Excused as Unavoidable; DOD FinancialManagement Regulation; Pretrial Confinement; Subsequent Conviction; Due Process; Jurisdiction. (ar)Keywords: re: [26] Military Pay Act, 37 U.S.C. § 204; Absent Without Leave ("AWOL"); 3 7 U.S.C. § 503; Absence Excused as Unavoidable; DOD Financial Management Regulation; Pretrial Confinement; Subsequent Conviction; Due Process; Jurisdiction.

16-1177 • BECHARD v. USA

Filed 02/06/2017
UNREPORTED OPINION and ORDER granting Motion for Leave to Proceed in forma pauperis, solely for the purposes of dismissing plaintiff's complaint; granting [14] Motion to Dismiss for lack of subject matter jurisdiction; and denying [8] Motion to Transfer. The Clerk is directed to enter judgment. Signed by Judge Elaine D. Kaplan. (dls) Copy to parties. (Plaintiff served via certified mail; Article No. 7014 1200 0000 9093 6538)

Keywords: re: Pro Se Complaint; Sovereign Citizen; Subject Matter Jurisidction; Motion to Transfer; Frivolous Claims.

16-683 • FINDLEY v. USA

Filed 02/03/2017
UNREPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1) and (6). The Clerk is directed to enter judgment. Each party shall bear its own costs. Signed by Senior Judge Lynn J. Bush. (dls) Copy to parties. (Plaintiff served via certified mail; Article No. 7014 1200 0000 9093 6491)

Keywords: re: Pro Se Plaintiff; RCFC 12(b)(1); RCFC 12(b)(6); No Jurisdiction over Blacklisting Claim, Breach of Contract Claim or Regulatory Takings Claim; Failure to State a Claim.

16-206 • LANGLEY v. USA

Filed 02/03/2017
UNREPORTED OPINION. Granting in part and Denying in part Motion to Dismiss - Rule 12(b)(1) The Clerk is directed to enter judgment. Signed by Chief Judge Patricia E. Campbell-Smith.

Keywords: re: Income Tax Refund; Lack of Subject Matter Jurisdiction; RCFC 12(b)(1); Failure to State A Claim; RCFC 12(b)(6); Untimely Filing; RCFC 12(g); I.R.C. 6511(a), 6532(a),7422(a).

16-1006 • BEBERMAN v. USA

Filed 02/01/2017
UNREPORTED ORDER denying Motion for Reconsideration - Rule 59(a). Signed by Judge Charles F. Lettow.

16-1090 • SHARIFI v. USA

Filed 02/01/2017
**REDOCKETED FOR ADMINISTRATIVE PURPOSES ONLY** UNREPORTED ORDER granting Motion for More Definite Statement. More Definite Statement due by 2/15/2017. Signed by Judge Victor J. Wolski.

14-388 • HARDY et al v. USA

Filed 01/31/2017
UNREPORTED ORDER granting in part and denying in part Motion to Compel. Fact discovery to be completed by 2/24/17. Signed by Judge Margaret M. Sweeney.

Keywords: re: Order on Motion to Compel: Discovery; Motion to Compel; RCFC 26; RCFC 37; Fed. R. Evid. 401.

15-1175 • JORDAN v. USA

Filed 01/31/2017
UNREPORTED OPINION and ORDER denying Motion for Reconsideration; and ENJOINING plaintiff from submitting further documents to the court regarding this case. The Clerk shall not accept any further filings from plaintiff without first consulting with the judge. Signed by Judge Margaret M. Sweeney. (dls) Copy to parties. (Plaintiff served via certified mail; Article No. 7014 1200 0000 9093 6422)

15-1418 • HADDAD v. USA

Filed 01/30/2017
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.

16-1279 • HADDAD v. USA

Filed 01/30/2017
UNREPORTED OPINION: Denying Motion for Default Judgment; Granting [7] Motion to Dismiss - Rule 12(b)(1) and (6). The Clerk is directed to enter judgment. Signed by Judge Victor J. Wolski.

16-1346 • WRIGHT v. USA

Filed 01/27/2017
UNREPORTED OPINION and ORDER consolidating this case with Case No. 16-1611 C; granting Motion to Dismiss - Rule 12(b)(1) and (6); denying as moot [20] Motion for Sanctions pursuant to Rule 11; and denying as moot, plaintiff's motion to proceed in forma pauperis filed in Case No. 16-1611 C. The Clerk is directed to enter judgment. No costs. Signed by Judge Charles F. Lettow. (dls) Copy to parties. (Plaintiff served via certified mail; Article No. 7014 1200 0000 9093 6361)

16-1257 • BURCIAGA v. USA

Filed 01/26/2017
UNREPORTED OPINION and ORDER granting Motion to Dismiss - Rule 12(b)(1). The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler. (ar) Copy to parties. [USPS Tracking No. 7014 1200 0000 9093 5586]

Keywords: re: Rule 12(b)(1) Motion to Dismiss; Contract Claims; Proper Defendants; Unlawful Detainment.

16-1661 • MORGAN v. USA

Filed 01/25/2017
UNREPORTED ORDER dismissing case. The Clerk is directed to enter judgment. The filing fee remains due. Signed by Senior Judge Eric G. Bruggink. [USPS Tracking No. 7014 1200 0000 9093 5579]

10-15 • GREENWOOD v. USA

Filed 01/25/2017
UNREPORTED ORDER granting Motion Preliminary approval of proposed class action settlement. Class counsel shall mail the attached approved notice and forms to class members by 2/3/2017. Class counsel shall file copies of comments and requests to speak at the fairness hearing by 3/17/2017. Fairness hearing set for 3/24/2017 02:00 PM eastern time in Chambers (Telephonic) before Senior Judge Nancy B. Firestone. Signed by Senior Judge Nancy B. Firestone. (Attachments: # (1) Exhibit Approved Notice)

Keywords: re: Order on Motion for Miscellaneous Relief, Unreported Order, Preliminary Approval; Rails to Trails; Class Action.

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