USCFC General Jurisdiction-Reported

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13-747 • GRILL v. USA

Filed 08/09/2021
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.

21-840 • LEIGHTON v. USA

Filed 08/09/2021
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.

19-1112 • MCCAFFERY et al v. USA

Filed 08/09/2021
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.

18-983 • STIMSON LUMBER COMPANY v. USA

Filed 08/06/2021
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.

17-825 • SCIENCE APPLICATIONS INTERNATIONAL CORP. v. USA

Filed 08/06/2021
CLAIM CONSTRUCTION OPINION. Joint Status Report due by August 23, 2021. Signed by Judge Eleni M. Roumel. (ls) Service on parties made.

18-871 • DEVINE v. USA

Filed 08/03/2021
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.

13-821 • INGHAM REGIONAL MEDICAL CENTER et al v. USA

Filed 08/02/2021
**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.

02-1078 • BAILEY-JOHNSON v. USA

Filed 07/30/2021
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.

19-353 • ELECTRICAL WELFARE TRUST FUND et al v. USA

Filed 07/30/2021
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.

20-499 • GILEAD SCIENCES, INC. v. USA

Filed 07/29/2021
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.

21-743 • JAMES v. USA

Filed 07/29/2021
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.

16-1703 • SANTANA v. USA

Filed 07/28/2021
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.

20-2081 • FRANCIS v. USA

Filed 07/28/2021
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).

20-413 • CLARKE HEALTH CARE PRODUCTS, INC. v. USA

Filed 07/27/2021
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)

20-1427 • 6601 DORCHESER INVESTMENT GROUP, LLC v. USA

Filed 07/27/2021
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.

21-1138 • SAGAM SECURITE SENEGAL v. USA

Filed 07/26/2021
REPORTED OPINION AND ORDER. Redacted version of Opinion and Order filed under seal on June 25, 2021. Signed by Senior Judge Margaret M. Sweeney. (jb2) Service on parties made.

Keywords: re: Preaward Bid Protest; Challenge to Cancellation of Solicitation and Resolicitation; Mootness; Cross-Motions for Judgment on the Administrative Record; Improper Disclosure of Protestors Proposal Information to Competitor; Prejudice; Permanent Injunction.

19-728 • GSS HOLDINGS (LIBERTY) INC. v. USA

Filed 07/26/2021
REPORTED OPINION denying Motion for Summary Judgment; granting [25] Cross Motion The Clerk is directed to enter judgment. Signed by Senior Judge Eric G. Bruggink. (jpk1) Service on parties made.

Keywords: re: Order on Motion for Summary Judgment, Order on Cross Motion [Dispositive], Reported Opinion: Tax refund suit; I.RC. § 707(b)(1); I.R.C. § 165; Related party transaction; Substance over form; Step transaction doctrine; Danielson rule.

20-2038 • INDIANA MUNICIPAL POWER AGENCY et al v. USA

Filed 07/23/2021
REPORTED OPINION. The plaintiffs' amended complaint fails to state a claim upon which relief can be granted. The defendant's motion to dismiss under RCFC 12(b)(6) is granted. The Court will issue an order in accordance with this memorandum opinion. Signed by Judge Richard A. Hertling. (dhf) Service on parties made.

20-1220 • UNITED COMMUNITIES, LLC v. USA

Filed 07/23/2021
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(6)The clerk's office is directed to ENTER final judgment in favor of defendant DISMISSING plaintiff's complaint in its entirety, with prejudice. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made.

Keywords: re: Reported Opinion on Motion to Dismiss; Motion to Dismiss; RCFC 12(b)(6); Breach of Contract; Takings Claim; Fifth Amendment. (TQ)

04-786 • SACRAMENTO GRAZING ASSOCIATION, INC., et al v. USA

Filed 07/23/2021
REPORTED OPINION denying in part & granting in part defendant's Motion for Reconsideration. Signed by Senior Judge Loren A. Smith. (nec) Service on parties made. (Main Document 287 replaced on 7/27/2021 and docket text modified to remove the direction to enter judgment.)

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