USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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15-1163 • PIPES v. USA

Filed 10/13/2017
REPORTED OPINION Status Report due by 12/22/2017. Signed by Chief Judge Susan G. Braden.

Keywords: re: Reported Opinion; 10 U.S.C. § 1204 (Retirement for Military on Active Duty for 30 days or less or on Inactive-duty Training); 25 U.S.C. § 2501 (Statute of Limitations); 28 U.S.C. § 1491 (Tucker Act Jurisdiction); Air Force Instruction (AFI); AFI 10-248 (Fitness Program); AFI 36-2254 (Reserve Personnel Participation); AFI 36-2910 (Line of Duty Determination, Medical Continuation (MEDCON) and Incapacitation (INCAP) pay); AFI 36-3212 (Physical Evaluation for Retention, Retirement, and Separation); AFI 48-123 (Medical Examinations and Standards); 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); RCFC 52.1 (Judgment on the Administrative Record).

17-1189 • Y AND J PROPERTIES, LTD. v. USA

Filed 10/12/2017
REPORTED ORDER: Position Statement due by 10/20/2017.. Signed by Chief Judge Susan G. Braden. (ar) Copy to parties. **REDOCKETED FOR ADMINISTRATIVE PURPOSES ONLY**

17-1411 • SMITH v. USA

Filed 10/12/2017
REPORTED OPINION DISMISSING CASE: granting Motion for Leave to Proceed in forma pauperis The Clerk is directed to enter judgment. Signed by Judge Margaret M. Sweeney. (ac7) Copy to parties.

Keywords: Sua Sponte Dismissal for Lack of Jurisdiction; Collateral Attack of Criminal Judgment; Application to Proceed InForma Pauperis

17-1175 • ROHLAND v. USA

Filed 10/12/2017
REPORTED OPINION denying Motion for Jury Trial; granting [10] Motion for Leave to Proceed in forma pauperis; finding as moot [11] Motion for Extension of Time to File Response to [8]. Defendant's response to MOTION to Certify Class (Response due by 11/2/2017.) Signed by Judge Margaret M. Sweeney. (ac7) Copy to parties.

Keywords: In Forma Pauperis; Prisoner; Jury Trial; Enlargement of Time

17-836 • SYNERGY SOLUTIONS, INC. v. USA

Filed 10/12/2017
REPORTED OPINION reissuing OPINION and ORDER for publication. Signed by Judge Margaret M. Sweeney.

17-1189 • Y AND J PROPERTIES, LTD. v. USA

Filed 10/11/2017
REPORTED ORDER: Statement of Interest due by 10/20/2017. Hearing set for 11/1/2017 10:00 AM in Courtroom before Chief Judge Susan G. Braden. Signed by Chief Judge Susan G. Braden. (ar) Copy to parties. **REDOCKETED FOR ADMINISTRATIVE PURPOSES ONLY**

17-1189 • Y AND J PROPERTIES, LTD. v. USA

Filed 10/11/2017
REPORTED ORDER Regarding Class Certification. Motion for Certification due by 11/9/2017. Signed by Chief Judge Susan G. Braden. (ar) Copy to parties. **REDOCKETED FOR ADMINISTRATIVE PURPOSES ONLY**

14-21 • BALAGNA et al v. USA

Filed 10/05/2017
REPORTED ORDER granting Motion for Partial Summary Judgment; granting [81] Motion for Partial Summary Judgment; granting [90] Motion for Partial Summary Judgment; denying [110] Motion for Summary Judgment. (Status Report due by 10/27/2017). Signed by Judge Elaine D. Kaplan.

Keywords: re: Motion for Summary Judgment; Reported Order; Fifth Amendments Takings Clause; Rails-To-Trails Conversion; Notice of Interim Trail Use; 26 U.S.C. § 1247(d); Crossing Rights; Municipal Corporation; Compensable Taking.

16-1133 • HARRIS v. USA

Filed 10/03/2017
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1) and (6); granting [27] Motion for Judgment on the Administrative Record; denying [30] Cross Motion. The Clerk is directed to enter judgment. No costs. Signed by Judge Thomas C. Wheeler. (ar) Copy to parties. [Sent via certified mail: 7017 1450 0000 1346 2502]

Keywords: Judicial Review of Army Board for Correction of Military Records Decision; Review of Military Records; Rule 12(b)(l) Motion to Dismiss for Lack of Subject Matter Jurisdiction; Cross-Motions for Judgment on the Administrative Record.

17-868 • TORRES ADVANCED ENTERPRISE SOLUTIONS, LLC v. USA

Filed 10/02/2017
REPORTED OPINION regarding redactions to **SEALED** OPINION. Signed by Judge Margaret M. Sweeney. (kb1)

Keywords: re: Reported Opinion -- Postaward Bid Protest; Proposed Redactions; Presumption of Public Access to Court Records; Protective Order; Competitive Harm; Information Concerning Performance of Incumbent Contract; Information in the Contractor Performance Assessment Reporting System (CPARS); Information From Proposals; Price Information; Information Supplied via DeclarationKeywords: re: [45] Reported Opinion -- Postaward Bid Protest; Motion for Discovery; Motion to Supplement the Administrative Record; Motion for a Preliminary Injunction; Past Performance; Bias; Bad Faith; Disparate Treatment

15-719 • TENDER YEARS LEARNING CORPORATION v. USA

Filed 10/02/2017
REPORTED OPINION denying Motion for Judgment on the Administrative Record; granting [87] Cross Motion. Signed by Judge Thomas C. Wheeler.

Keywords: re: Claim for Bid and Proposal Preparation Costs; Attorneys' Fees; Implied-In-Fact Contract; Prejudice; Motion to Dismiss; Mootness; Damages.

17-868 • TORRES ADVANCED ENTERPRISE SOLUTIONS, LLC v. USA

Filed 10/02/2017
REPORTED OPINION reissuing **SEALED** OPINION for publication. Signed by Judge Margaret M. Sweeney. (kb1)

Keywords: re: Reported Opinion -- Postaward Bid Protest; Proposed Redactions; Presumption of Public Access to Court Records; Protective Order; Competitive Harm; Information Concerning Performance of Incumbent Contract; Information in the Contractor Performance Assessment Reporting System (CPARS); Information From Proposals; Price Information; Information Supplied via DeclarationKeywords: re: [45] Reported Opinion -- Postaward Bid Protest; Motion for Discovery; Motion to Supplement the Administrative Record; Motion for a Preliminary Injunction; Past Performance; Bias; Bad Faith; Disparate Treatment

17-83 • VETERANS EVALUATION SERVICES, INC. v. USA

Filed 10/02/2017
REPORTED MEMORANDUM OPINION AND ORDER denying Plaintiff's Motion for an Injunction Pending Appeal. Signed by Judge Lydia Kay Griggsby.

Keywords: RCFC 62(c); Injunction Pending Appeal, re: Reported Opinion.

07-194 • JOHN ANDERSON FARMS, INC., et al

Filed 09/29/2017
REPORTED OPINION. Signed by Judge Marian Blank Horn.

Keywords: re: Reported Opinion. Takings, Physical or Regulatory Taking, Permanent or Temporary Taking, Water Rights, Tribal Rights, Endangered Species Act, Federal Reserved Rights, Motions for Reconsideration.

01-591 • KLAMATH IRRIGATION, et al v. USA

Filed 09/29/2017
REPORTED OPINION. Signed by Judge Marian Blank Horn.

Keywords: re: Reported Opinion. Takings, Physical or Regulatory Taking, Permanent or Temporary Taking, Water Rights, Tribal Rights, Endangered Species Act, Federal Reserved Rights; Motions for Reconsideration.

16-1660 • GRANT et al v. USA

Filed 09/29/2017
REPORTED OPINION granting Motion for Leave to Proceed in forma pauperis; denying as moot [16] Motion for Discovery; granting [17] Motion to Dismiss - Rule 12(b)(1); granting [17] Motion for Summary Judgment; denying [18] Motion for Discovery. The Clerk is directed to enter judgment. Signed by Judge Elaine D. Kaplan. [U.S. Certified Mail Tracking# 7017 1450 0000 1346 2519]

Keywords: Pro Se Complaint; RCFC 12(b)(l); Motion to Dismiss; Equal Credit Opportunity Act; Pigford Litigation; USDA; Statute of Limitations; 28 U.S.C.§ 2501 ; Summary Judgment; RCFC 56.

17-188 • J.M. FOGG FARMS, INC. et al v. USA

Filed 09/27/2017
REPORTED OPINION denying Motion for Summary Judgment; granting [16] Motion to Dismiss - Rule 12(b)(6) The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler.

Keywords: re: [29]: Conservation Security Program; National Resources Conservation Service; Breach of Contract Action; Statutory Provisions Not Incorporated into Contracts; Failure to State a Claim Upon Which Relief May Be Granted.

16-872 • TURPING et al v. USA

Filed 09/22/2017
REPORTED OPINION Order of Dismissal.. granting Motion to Dismiss - Rule 12(b)(1) and (6) The Clerk is directed to enter judgment. Signed by Chief Judge Susan G. Braden.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1) and (6), Order Dismissing Case, Reported Opinion ; Employee Retirement Income Security Act (ERISA), 29 U.S.C. § 1001;Rules Of the United States Court of Federal Claims (RCFC)12(b)(1)(Jurisdiction),12(b)(6) (Failure To State A Claim), 23(a) (Class Certification);Statute Of Limitations, 28 U.S.C. § 2501;Takings Clause, Fifth Amendment to the United States Constitution, Tucker Act Jurisdiction, 28 U.S.C. § 1491

17-307 • HADDAD v. USA

Filed 09/22/2017
REPORTED MEMORANDUM OPINION AND SHOW CAUSE ORDER directing Plaintiff to file response.Show Cause Reponse due by 10/20/2017.Signed by Chief Judge Susan G. Braden.

Keywords: re: Issue Fee Payment, Patent Applicant, Patent Assignment, Patent Issue Date, Patent License, Patent Number, Show Cause Order.

17-1131 • PERALES v. USA

Filed 09/20/2017
REPORTED Order denying Motion for Leave to Proceed in forma pauperis; dismissing plaintiff's complaint, without prejudice, for lack of subject matter jurisdiction; and directing the clerk's office to RETURN any future filings in this case that are not in compliance with this court's rules to plaintiff, UNFILED, without further order. The Clerk is directed to enter judgment. Signed by Judge Patricia E. Campbell-Smith. (dls) Copy to parties. (Plaintiff served via certified mail; Article No. 7017 1450 0000 1346 2724) (Note: Copy re-mailed to plaintiff via regular mail on 10/10/17)

Keywords: re: Pro Se Complaint; Sua Sponte Dismissal; Frivolous.

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