USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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17-969 • VINCENT v. USA

Filed 12/13/2017
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1); granting [9] Motion for Leave to Proceed in forma pauperis. The Clerk is directed to enter judgment for defendant, dismissing plaintiff's complaint, without prejudice. Signed by Judge Patricia E. Campbell-Smith. [Sent via certified mail: 7017 1450 000 1346 0546]

Keywords: re: Motion to Dismiss, RCFC 12(b)(l); No Jurisdiction Over Tort,Discrimination, Criminal, or Veterans Benefits Claims; Transfer Would Be Futile.

16-1453 • ANALYTICAL GRAPHICS, INC. v. USA

Filed 12/12/2017
REPORTED OPINION. Signed by Judge Marian Blank Horn.

Bid Protest; Cross-Motions for Judgment on the Administrative Record; Small Business Set-Aside; Commercial Availability; 10 U.S.C. § 2377. Keywords: re: Reported Opinion

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

Filed 12/11/2017
REPORTED ORDER. Signed by Chief Judge Susan G. Braden.

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

Filed 12/08/2017
REPORTED ORDER denying Motion to Vacate. Signed by Chief Judge Susan G. Braden. (ar) Copy to parties. **REDOCKETED FOR ADMINISTRATIVE PURPOSES**

17-1080 • XPO LOGISTICS WORLDWIDE GOVERNMENT SERVICES, LLC v. USA

Filed 12/08/2017
REPORTED OPINION denying Plaintiff's Motion for A Stay Pending Appeal. Signed by Judge Elaine D. Kaplan.

Keywords: re: RCFC 62(c); Injunction Pending Appeal; Likelihood of Success on the Merits; Irreparable Harm; Bid Protest

16-1017 • WELTY et al. v. USA

Filed 12/08/2017
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1) and (6) The Clerk is directed to enter final judgment in favor of defendant DISMISSING with prejudice plaintiffs' complaint for failure to state a claim upon which relief may be granted. Signed by Judge Patricia E. Campbell-Smith.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1) and (6), Reported Opinion. Motion to Dismiss; RCFC 12(b)(1); RCFC 12(b)(6); Fifth Amendment Takings; Statute of Limitations; Accrual Suspension; Stabilization Doctrine. (TQ)

17-855 • HAHNENKAMM, LLC v. USA

Filed 12/07/2017
REPORTED ORDER denying Motion to Dismiss - Rule 12(b)(1) and (6) filed by USA. The government shall file an answer to Hahnenkamm's complaint within the time specified by RCFC 12(a)(4)(A)(i). Signed by Judge Charles F. Lettow.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1) and (6), Reported Order: Statutory and contractual claims; jurisdiction; Santini-Burton Act; Southern Nevada Public Land Management Act; alleged breach of contractual terms sufficient to state a claim for relief under the Tucker Act.

15-1232 • PITTMAN v. USA

Filed 12/05/2017
REPORTED OPINION granting Motion for Judgment on the Administrative Record; denying [32] Cross Motion The Clerk is directed to enter judgment dismissing Plaintiff's Complaint. Signed by Chief Judge Susan G. Braden.

Keywords: re: Order on Motion for Judgment on the Admin. Record, Order on Cross Motion [Dispositive], Reported Opinion: Air Force Instruction 36-2605, 36-2606, 36-3212; Military Pay Act, 37 U.S.C. § 204 (2012); Military Rules of Evidence (MRE) 103(a)(1); 301(f)(2)(3); 317; 401; 403; 404; 615; Rule for Courts-Martial (RCM) 915; Rule of the United States Court of Federal Claims (RCFC) 52.1(c); Tucker Act Jurisdiction, 28 U.S.C. § 1491 (2012); Uniform Code of Military Justice, 10 U.S.C. §§ 801946a (2006).

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

Filed 12/04/2017
REPORTED MEMORANDUM OPINION and FINAL ORDER granting Motion to Dismiss. Signed by Chief Judge Susan G. Braden. **REDOCKETED FOR ADMINISTRATIVE PURPOSES ONLY**

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).

10-707 • OASIS INTERNATIONAL WATERS, INC. v. USA

Filed 12/01/2017
REPORTED OPINION. Signed by Judge Marian Blank Horn.

Trial; Counterclaim; Fraud; False Claims Act; Special Plea in Fraud; Contract Disputes Act. Keywords: re: Reported Opinion (jm5)Trial; Contract Interpretation; Duress; Fraud; Special Plea in Fraud; False Claims Act; Anti-Fraud Provision of the Contract Disputes Act. Keywords: re: [540] Reported Opinion (jm5)Trial; Contract Interpretation; Site Conditions; Law of the Case; Quantum; Delay. Keywords: re: [541] Reported Opinion

10-707 • OASIS INTERNATIONAL WATERS, INC. v. USA

Filed 12/01/2017
REPORTED OPINION. Signed by Judge Marian Blank Horn.

Trial; Counterclaim; Fraud; False Claims Act; Special Plea in Fraud; Contract Disputes Act. Keywords: re: Reported Opinion (jm5)Trial; Contract Interpretation; Duress; Fraud; Special Plea in Fraud; False Claims Act; Anti-Fraud Provision of the Contract Disputes Act. Keywords: re: [540] Reported Opinion (jm5)Trial; Contract Interpretation; Site Conditions; Law of the Case; Quantum; Delay. Keywords: re: [541] Reported Opinion

13-1011 • LATURNER v. USA

Filed 12/01/2017
OPINION granting Motion to Certify Interlocutory Appeal; granting [108] Motion to Stay. Signed by Judge Elaine D. Kaplan.

Keywords: re: 28 U.S.C. § 1292(d)(2); Interlocutory Appeal; Stay Pending Appeal.

10-707 • OASIS INTERNATIONAL WATERS, INC. v. USA

Filed 12/01/2017
REPORTED OPINION. Signed by Judge Marian Blank Horn.

Trial; Counterclaim; Fraud; False Claims Act; Special Plea in Fraud; Contract Disputes Act. Keywords: re: Reported Opinion (jm5)Trial; Contract Interpretation; Duress; Fraud; Special Plea in Fraud; False Claims Act; Anti-Fraud Provision of the Contract Disputes Act. Keywords: re: [540] Reported Opinion (jm5)Trial; Contract Interpretation; Site Conditions; Law of the Case; Quantum; Delay. Keywords: re: [541] Reported Opinion

15-1534 • JARNAGIN et al v. USA

Filed 11/30/2017
REPORTED OPINION granting Motion for Summary Judgment; denying [25] Cross Motion. The Clerk is directed to enter judgment. Signed by Judge Elaine D. Kaplan.

Keywords: re: Tax Refund; Illegal Exaction; IRS; Bank Secrecy Act; Report of Foreign Bank and Financial Accounts; FBAR; Reasonable Cause; Ordinary Business Care and Prudence.

17-916 • LYNCH v. USA

Filed 11/29/2017
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1). The Clerk is directed to enter judgment. Signed by Judge Elaine D. Kaplan.

Keywords: re: Subject Matter Jurisdiction; Statute of Limitations; 28 U.S.C. § 2501; Accrual Suspension; Corrections Board; Military Promotion.

17-1549 • NOTTAGE v. USA

Filed 11/28/2017
REPORTED OPINION denying Motion for Leave to Proceed in forma pauperis and dismissing plaintiff's complaint for lack of subject matter jurisdiction and for failure to state a claim. The Clerk is directed to enter judgment. Signed by Judge Marian Blank Horn. (dls) Copy to parties. (Plaintiff served via certified mail; Article No. 7017 1450 0000 1346 0720)

Keywords: re: Motion to Dismiss; In Forma Pauperis; Prison Litigation Reform Act; Takings.

14-497 • MENDEZ v. USA

Filed 11/28/2017
REPORTED OPINION denying Motion for Reconsideration. Signed by Judge Patricia E. Campbell-Smith.

Keywords: re: Order on Motion for Reconsideration, Reported Opinion. Motion for Reconsideration, RCFC 59 & RCFC 60; Claim Accrual; Accrual Suspension Rule; Permissive Administrative Remedies. (TQ)

15-179 • BHL PROPERTIES, LLC et al v. USA

Filed 11/21/2017
REPORTED OPINION denying Motion for Partial Summary Judgment; granting [48] Cross Motion. The Clerk is directed to enter judgment. Signed by Judge Elaine D. Kaplan.

Keywords: re: Rails-to-Trails; National Trails System Act; Fifth Amendment; Takings Clause.

14-397 • JACKSON v. USA

Filed 11/20/2017
REPORTED OPINION granting in part and denying in part Motion for Partial Summary Judgment and [35] Cross-Motion for Partial Summary Judgment. Telephonic status conference set for 11/29/2017 at 3:00 p.m. E.S.T. Signed by Judge Mary Ellen Coster Williams. (TF3) Copy to parties.

Keywords: re: Partial Summary Judgment; Class Action; Fifth Amendment Takings; National Trails System Act; 16 U.S.C. § 1247(d); Ga. Code Ann. § 1689 (1882); Ga. Code Ann. § 2167 (1895); Fee Simple; Right-of-Way; Creation of Easement Under Georgia Law; Strips and Gores Doctrine. (TF3)

17-447 • EMIABATA v. USA

Filed 11/17/2017
REPORTED OPINION and ORDER granting in part and denying in part Motion to Dismiss - Rule 12(b)(1) and (6); and directing defendant to file its motion for summary judgment and proposed findings of uncontroverted fact by 12/22/17. Subsequent briefing shall be according to the court's rules. Signed by Judge Patricia E. Campbell-Smith. (dls) Copy to parties. (Plaintiff served via certified mail; Article No. 7017 1450 0000 1346 0812)

Keywords: re: Contract; Wrongful Termination for Default Claim; No Jurisdiction Over Breach and Tort Claims; Conversion of RCFC 12(b)(6) Motion to RCFC 56 Motion.

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