USCFC General Jurisdiction-Unreported

U.S. Court of Federal Claims Opinions
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15-161 • TETZLAFF v. USA

Filed 11/25/2015
UNREPORTED OPINION AND ORDER denying Motion for TRO; denying [6] Motion for Preliminary Injunction; granting in part and denying in part [11] Motion to Dismiss - Rule 12(b)(1) and (6); (Defendant's Answer due by 12/30/2015.). Signed by Judge Margaret M. Sweeney. (ac7) Copy to parties.

Keywords: re: Pro Se Plaintiff; Fair Labor Standards Act; Contract Disputes Act of 1978; Small Business Act; Tort; AdministrativeProcedure Act; RCFC 12(b)(l); RCFC 12(b)(6); Temporary Restraining Order;Preliminary Injunction; Breach of Contract; Duty of Good Faith and Fair Dealing

15-697 • KRAFT v. USA

Filed 11/25/2015
UNREPORTED MEMORANDUM OPINION and ORDER granting Motion to Dismiss - Rule 12(b)(1); granting [3] Motion for Leave to Proceed in forma pauperis. The case is dismissed. The Clerk is directed to enter judgment. Signed by Judge Lydia Kay Griggsby.

Keywords: re: Pro Se; Rule 12(b)(1); Subject-Matter Jurisdiction; Claims Against a Local Government; In Forma Pauperis; Declaratory Judgment Act; Universal Declaration of Human Rights.

15-1256 • RES REI DEVELOPMENT, INC. v. USA

Filed 11/25/2015
UNREPORTED ORDER. Signed by Judge Victor J. Wolski.

15-746 • GRADY v. USA

Filed 11/23/2015
**RE-DOCKETED FOR ADMINISTRATIVE PURPOSES** UNREPORTED OPINION and ORDER granting Motion to Dismiss pursuant to Rule 12(b)(1). The Clerk is directed to enter judgment. Each side shall bear its own costs. Signed by Judge Elaine D. Kaplan. (dls) Copy to parties. Signed by Judge Elaine D. Kaplan.

Keywords: re: 15 U.S.C. § 78a: Securities and Exchange Act of 1934; Implied-In-Fact Contract; Implied-In-Law Contract; RCFC 12(b)(1).

15-549 • OLAJIDE v. USA

Filed 11/23/2015
UNREPORTED MEMORANDUM OPINION and ORDER granting Motion to Dismiss - Rule 12(b)(1); and denying, as moot, [3] Motion for Preliminary Injunction; [5] Motion to Expedite Ruling on Motion for Preliminary Injunction; [9] Motion for Default Judgment; [12] Motion to take judicial notice; [16] Corrected Motion to take judicial notice; [17] Motion for More Definite Statement; and [18] Motion to Withdraw Response to Motion to Dismiss. The Clerk is directed to enter judgment. Each party shall bear its own costs. Signed by Judge Lydia Kay Griggsby.

Keywords: re: Pro Se; RCFC 12(b)(1), Subject-Matter Jurisdiction; RCFC 12(b)(6), Failure to State a Claim; Implied-in-Fact Contract; Fifth Amendment Takings.

15-786 • SEELY v. USA

Filed 11/23/2015
UNREPORTED MEMORANDUM OPINION AND FINAL ORDER, granting Motion to Dismiss - Rule 12(b)(1) and (6). The Clerk is directed to enter judgment. Signed by Judge Susan G. Braden. (dw1) Copy to parties.

Keywords: re: Pro se; State criminal conviction.

15-1015 • AVKARE, INC v. USA

Filed 11/20/2015
UNREPORTED OPINION denying Plaintiff's Motion to Supplement the Administrative Record. Signed by Judge Elaine D. Kaplan.

Keywords: re: Motion to Supplement the Administrative Record; FSS Contracts; Commercial Sales Practices; 48 C.F.R. 515.408; Disparate Treatment; Lack of Good Faith.

13-465 • FAIRHOLME FUNDS, INC. et al v. USA

Filed 11/18/2015
UNREPORTED ORDER granting Saxton Plaintiffs' Counsel's Applications for Access to Protected Information. Signed by Judge Margaret M. Sweeney. (kb1)

Keywords: re: Unreported Order - Application for Access to Protected Information; Protective Order; District Court Motion to Dismiss; Net Worth Sweep; FHFA; Treasury

15-1183 • ERICKSON v. USA

Filed 11/17/2015
UNREPORTED OPINION AND ORDER OF DISMISSAL. Plaintiff's complaint is dismissed without prejudice. The Clerk is directed to enter judgment. Signed by Chief Judge Patricia E. Campbell-Smith.

Keywords: re: Pro Se Plaintiff; Sua Sponte Dismissal for Lack of Subject Matter Jurisdication under RCFC 12(h)(3); Federal Tort Claims Act (FTCA); Equitable Tolling; Not in Interest of Justice to Transfer Under 28 U.S.C. § 1631.

13-465 • FAIRHOLME FUNDS, INC. et al v. USA

Filed 11/17/2015
ORDER reissuing for publication Order. Signed by Judge Margaret M. Sweeney.

Keywords: re: Motion to Quash; RCFC 26(b)(2); RCFC 45(c)(3)(A); Non-Party.

15-548 • CROWDER v. USA

Filed 11/13/2015
UNREPORTED OPINION AND FINAL ORDER: The Government's July 30, 2015 Motion to Dismiss is granted. The Clerk is directed to enter judgment. Signed by Judge Susan G. Braden. (ac7) Copy to parties.

15-1202 • RICHARDSON v. USA

Filed 11/12/2015
Docketed for Administrative Purposes ORDER OF DISMISSAL granting Motion for Leave to Proceed in forma pauperis for the limited purpose of filing the complaint. The Clerk is directed to enter judgment. Signed by Judge Nancy B. Firestone. (jt1) Copy to parties.

Keywords: re: Pro Se, Order of Dismissal

15-758 • FRIES v. USA

Filed 11/12/2015
UNREPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1) and (6). The case is dismissed. The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler.

15-1116 • ZOLMAN

Filed 11/12/2015
Docketed for Administrative Purposes UNREPORTED Order of Dismissal. The Clerk is directed to enter judgment. Signed by Judge Nancy B. Firestone. (jt1) Copy to parties.

Keywords: re: Pro Se; Sua Sponte Dismissal; Lack of Subject Matter Jurisdiction

13-426 • GROOMS & COMPANY CONSTRUCTION, INC. v. USA

Filed 11/10/2015
Docketed for Administrative Purposes ORDER denying 28 Motion to Dismiss - Rule 41(b). Plaintiffs counsel shall PROVIDE a copy of this order to each of the principals of Grooms & Company Construction, Inc. on or before November 16, 2015. On or before November 30, 2015, plaintiff shall FILE the parties Joint Status Report proposing a revision of the discovery schedule set forth in the courts order of June 4, 2015.. Signed by Judge Lynn J. Bush. (jt1) Copy to parties.

Keywords: re: Motion to Dismiss for Failure to Prosecute; RCFC 41(b); Dismissal Not Ordered at This Time

15-1110 • FLANDER v. USA

Filed 11/04/2015
UNREPORTED Order dismissing plaintiff's complaint for lack of jurisdiction; and denying, as moot, Motion for electronic filing access. The Clerk is directed to enter judgment. No costs. Signed by Judge Nancy B. Firestone.

Keywords: re: Pro Se; Sua Sponte Dismissal; Failure to Establish Jurisdiction; Review of Other Federal Courts; Defendant other than the United States.

15-708 • NATHAN v. USA

Filed 11/04/2015
UNREPORTED MEMORANDUM OPINION and FINAL ORDER granting Motion to Dismiss - Rule 12(b)(1) and (6); and denying, as moot, [8] Motion for Default Judgment. The Clerk is directed to enter judgment. Signed by Judge Susan G. Braden.

15-1201 • GREEN BEY v. USA

Filed 11/03/2015
(RE-DOCKETED FOR ADMINISTRATIVE PURPOSES) UNREPORTED Order granting Motion to Withdraw [3] Motion for Leave to Proceed in forma pauperis; denying [5] Motion to proceed as a seaman, however, because plaintiff has failed to state a claim upon which relief may be granted, etc., the fee need not be paid for the purpose of filing the complaint. The Clerk is directed to enter judgment. No costs. The Clerk is directed to enter judgment. Signed by Chief Judge Patricia E. Campbell-Smith.

Keywords: re: Pro Se Complaint; Sua Sponte Dismissal for Want of Jurisdiction; Sua Sponte Dismissal for Failure to State a Claim; Transfer; 28 U.S.C. § 1631.

15-586 • JUDD v. USA

Filed 10/30/2015
UNREPORTED Order granting Motion to Dismiss - Rule 12(b)(1); and directing the Clerk to accept no further actions or filings by plaintiff without an order from the Chief Judge of the United States Court of Federal Claims. The Clerk is directed to enter judgment. No costs. Signed by Judge Nancy B. Firestone.

Keywords: re: Pro Se; Frivolous Lawsuit; Collateral Attack on Criminal Conviction; Motion to Dismiss for Lack of Jurisdiction; Bar on Filing Further Claims.

15-360 • HAWKINS v. USA

Filed 10/30/2015
UNREPORTED ORDER granting Motion to Dismiss - Rule 12(b)(1) and (6). Case is dismissed. The Clerk is directed to enter judgment. Signed by Senior Judge Eric G. Bruggink.

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