USCFC General Jurisdiction-Reported

REPORTED OPINION: GRANTING OGT's motion to amend its complaint and [27] OGT's motion for judgment on the administrative record (including OGT's request for permanent injunctive relief); DENYING [30] the government's motion to dismiss for lack of standing and motion for judgment on the administrative record; and DENYING [31] F3EA's motion for judgment on the administrative record.This Opinion is the public version of ECF No. [68]. Signed by Judge Matthew H. Solomson. (ids) Service on parties made. Modified text on 8/17/2021

REPORTED ORDER Denying Motion for TRO; Denying [29] Motion for Preliminary Injunction. Signed by Judge David A. Tapp. (jm) Service on parties made.

REPORTED OPINION granting Government's Motion to Dismiss in Part pursuant to Rule 12(b)(6); granting [179] Government's Motion for Partial Summary Judgment. The parties shall submit a joint stipulation identifying the claim numbers that are subject to dismissal under section I of this Opinion by 9/9/2021. Signed by Chief Judge Elaine D. Kaplan. (tjd) Service on parties made.

REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1) The Clerk is directed to enter judgment. Signed by Judge Zachary N. Somers. (ab) Service on parties made.

REPORTED OPINION. This Opinion is the public version of ECF No. 100. Signed by Judge David A. Tapp. (jm) Service on parties made.

REPORTED OPINION (re-issuance for publication of OPINION and ORDER granting Defendant's Motion for Summary Judgment; finding as moot [35] Plaintiff's Motion for Summary Judgment). Signed by Judge Thompson M. Dietz. (tgd) Service on parties made; plaintiff served via U.S. mail.

Keywords: re: Reported Opinion, Fifth Amendment, Regulatory Taking, Ripeness.

REPORTED ORDER terminating Motion to Dismiss - Rule 12(b)(6); granting [15] Motion to Withdraw ; denying [16] Motion to Dismiss - Rule 12(b)(6); (Answer due by 9/10/2021.). Signed by Judge David A. Tapp. (emc) Service on parties made.

REPORTED OPINION AND ORDER granting Motion to Dismiss - Rule 12(b)(1) and Rule 12(h)(3). The Clerk is directed to enter judgment. Signed by Judge Stephen S. Schwartz. (cmc) Service on parties made.

REPORTED OPINION on MOTION for Attorney Fees PLAINTIFFS MOTION AND MEMORANDUM FOR AN AWARD OF REASONABLE ATTORNEYS FEES AND COSTS UNDER THE UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISTION POLICIES ACT OF 1970 filed by STIMSON LUMBER COMPANY granting in part and denying in part [52] Motion for Attorney Fees. The parties are shall file a joint status report by 8/13/2021, with an updated calculation of attorneys fees and costs made in accordance with the instructions in this opinion. Stimson Lumber shall attach to this joint status report documentation supporting any additional requests for attorneys fees and costs incurred after April 7, 2021. The parties shall also provide in this joint status report an update on the progress made in the settlement of just compensation and interest in this case and a proposal for further proceedings. Signed by Senior Judge Nancy B. Firestone. (dpk) Service on parties made.

Keywords: re: Order on Motion for Attorney Fees, Reported Opinion, Rails-to-Trails; Attorneys Fees and Costs; 42 U.S.C. § 4654; Lack of Success; Reasonable Hours; Reasonable Rate; Reasonable Costs.

CLAIM CONSTRUCTION OPINION. Joint Status Report due by August 23, 2021. Signed by Judge Eleni M. Roumel. (ls) Service on parties made.

REPORTED OPINION AND ORDER. The plaintiff's motion for reconsideration pursuant to RCFC 59 is DENIED. Signed by Judge Richard A. Hertling. (naw) Service on parties made.

**RE-DOCKETED FOR POSTING TO THE COURT'S WEBSITE** REPORTED ORDER Reissuing public version of [195] Order on Motion for Reconsideration - Rule 59(a). No redactions requested by the parties. Signed by Judge Ryan T. Holte. (tb) Service on parties made.

Keywords: re: Order: Motion for Reconsideration; Rule 59(a); Newly Discovered Evidence; Manifest Injustice; Privilege; Attorney Affidavit.

REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1) The Clerk is directed to enter judgment. Signed by Senior Judge Victor J. Wolski. (jak) Service on parties made.

REPORTED OPINION granting in part and denying in part Defendant's Motion to Dismiss or, in the alternative, Motion for Summary Judgment. Joint Status Report due by August 13, 2021. Signed by Judge Eleni M. Roumel. (rt16) Service on parties made. (Main Document 22 replaced on 8/4/2021)to correct typographical error.

REPORTED OPINION granting in part and denying in part Motion to Dismiss - Rule 12(b)(1) and (6). Defendant's Answer due by 8/26/2021. Signed by Senior Judge Charles F. Lettow.

Keywords: re: Breach of contract allegations; motion to dismiss; statute of limitations; 28 U.S.C. § 2501; damage claims not alleged in pending district court suit; 28 U.S.C. § 1500.

REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1) and (6). The Clerk is directed to enter judgment. Signed by Senior Judge Marian Blank Horn. (jm5) Service on parties made.

REPORTED OPINION granting defendant's motion to dismiss - Rule 12(b)(1) and (6); granting [60] defendant's motion for judgment on the administrative record; and, denying [59] plaintiffs cross-motion for judgment on the administrative record. The Clerk is directed to enter judgment accordingly. Signed by Senior Judge Nancy B. Firestone. (dpk) Service on parties made.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1) and (6), Order on Motion for Judgment on the Admin. Record, Reported Opinion, Military Pay Act, 37 U.S.C. § 204; Review of Actions of Selection Boards; 10 U.S.C. § 1558; Administrative Remedies; Motion to Dismiss; Cross-Motions for Judgment on the Administrative Record.

REPORTED OPINION finding as moot Motion for Summary Judgment; granting [10] Motion to Dismiss - Rule 12(b)(1) and (6); finding as moot [12] Motion for Preliminary Injunction; finding as moot [16] Misc. Motion ; finding as moot [20] Misc. Motion ; finding as moot [22] Misc. Motion ; granting [2] Motion for Leave to Proceed in forma pauperis. The case is dismissed without prejudice. The Clerk is directed to enter judgment. The court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that any appeal from this order would not be taken in good faith because, as alleged, plaintiff's claims are clearly beyond the subject matter jurisdiction of this court. Signed by Senior Judge Margaret M. Sweeney. (jb2) Service on parties made.

Keywords: re: Pro Se Claim; Collateral Attack on Criminal Court Judgment; RCFC 12(b)(1).

REPORTED OPINION originally issued under seal on July 16, 2021 OPINION denying [69] Motion for Relief from Judgment - Rule 60 filed by CLARKE HEALTH CARE PRODUCTS, INC. The parties were invited to identify all competition sensitive information subject to deletion on the basis that the material is protected and privileged. No redactions were proposed by the parties. Thus, the sealed and public versions are identical, except for the publication date and footnote one. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made.

Keywords: re: Reported Opinion, Motion for Relief from Judgment; RCFC 60(b)(3). (TQ)

REPORTED OPINION: The government's motion to dismiss pursuant to 12(b)(6) for failure to state a claim upon which relief may be granted is hereby GRANTED, and Dorchester's complaint is DISMISSED. The government's motion, in the alternative, for a more definite statement is DENIED AS MOOT. The clerk is directed to enter judgment accordingly. Signed by Judge Matthew H. Solomson. (rag) Service on parties made.