USCFC General Jurisdiction-Reported

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15-569 • POTTER v. USA

Filed 11/05/2015
REPORTED MEMORANDUM OPINION and ORDER granting Motion for leave to proceed in forma pauperis; granting [6] Motion to dismiss - Rule 12(b)(1); and denying [7] Motion to transfer case to district court. The Clerk is directed to enter judgment. No costs. Signed by Judge Lydia Kay Griggsby.

Keywords: re: Pro Se; Rule 12(b)(1), Subject Matter Jurisdiction; Rule 41(b), Failure to Prosecute; Claims Against a Private Party; 28 U.S.C. § 1631, Motion to Transfer; In Forma Pauperis.

15-426 • HARDIN v. USA

Filed 11/03/2015
REPORTED OPINION and ORDER granting Motion to Dismiss - Rule 12(b)(1); denying, as moot, [6] Motion for Default Judgment; and granting [2] Motion for Leave to Proceed in forma pauperis, but directing plaintiff to pay the filing fee in full pursuant to 28 U.S.C. § 1915(b). The Clerk is directed to enter judgment. No costs. Signed by Judge Margaret M. Sweeney.

Keywords: re: Pro Se Plaintiff; Dismissal for Lack of Jurisdiction; Frivolous Complaint; 28 U.S.C. § 1915(g); "Three-Strikes" Rule; Application to Proceed In Forma Pauperis.

11-201 • ROSS-HIME DESIGNS, INC. v. USA

Filed 11/03/2015
REPORTED OPINION. Signed by Judge Mary Ellen Coster Williams. (TF3) Copy to parties.

Keywords: re: Patent Infringement; Deposition Fee of Expert Witness; Rule 26(b)(4)(E)(i); Rule 30(e); Rule 37(a); Reasonable Expert Rate; Deposition Preparation Time; Review of Transcript and Preparation of Errata Sheet; Cost of Deposition Transcript; Attorneys Fees for Preparing Motion to Compel. (TF3)

08-415 • HORN & ASSOCIATES, INC. v. USA

Filed 10/31/2015
REPORTED OPINION. Signed by Judge Marian Blank Horn.

Counterclaim; Fraud; False Claims Act; Special Plea in Fraud; Contract Disputes Act; Recovery Audit; NASA; Trial. Keywords: re: Reported Opinion

06-141 • SHELL OIL COMPANY et al v. USA

Filed 10/30/2015
REPORTED OPINION on MOTION to Amend Pleadings - Rule 15 [26] Answer filed by USA, [129] MOTION for Protective Order As to Defendant's Unpled Offset Defense MOTION for Partial Summary Judgment As to Defendant's Unpled Offset Defense filed by SHELL OIL COMPANY, ATLANTIC RICHFIELD COMPANY, TEXACO, INC., UNION OIL COMPANY OF CALIFORNIA, [153] MOTION to Amend Pleadings - Rule 15 [152] MOTION to Amend Pleadings - Rule 15 [26] Answer - and to assert counterclaims sounding in fraud - REDACTED VERSIONS filed by USA denying [129] Motion for Protective Order; granting [129] Motion for Partial Summary Judgment; denying [152] Motion to Amend Pleadings - Rule 15(b); denying [153] Motion to Amend Pleadings - Rule 15(b). Signed by Judge Susan G. Braden.

Keywords: re: Order on Motion for Protective Order, Order on Motion for Partial Summary Judgment, Order on Motion to Amend Pleadings - Rule 15(b), Reported Opinion, 28 U.S.C. § 1491(b)(1), 28 U.S.C. § 2501, 28 U.S.C. § 2508, 28 U.S.C. § 2514, 41 U.S.C. § 113(a), 42 U.S.C. § 9601 et seq., RCFC 8(c), RCFC 15(a)(2).

15-309 • FRITZ v. USA

Filed 10/30/2015
REPORTED OPINION and ORDER granting Motion to Dismiss - Rule 12(b)(1); and denying [7] Motion for Sanctions pursuant to Rule 11. The Clerk is directed to enter judgment. No costs. Signed by Judge Margaret M. Sweeney.

Keywords: re: Military Pay; Nonselection for Promotion; Motion to Dismiss; Statute of Limitations; Accrual; Effect of Correction Board Decision; Martinez; Motion for Sanctions.

14-704 • ALIMANESTIANU et al v. USA

Filed 10/29/2015
REPORTED OPINION denying Motion to Dismiss - Rule 12(b)(6). Telephonic status conference scheduled for 11/17/2015 at 11:00 a.m. Signed by Judge Mary Ellen Coster Williams. (TF3) Copy to parties.

Keywords: re: Rule 8(a)(2); Rule 12(b)(6); Motion to Dismiss; Fifth Amendment Taking; Property Interest; Nonfinal Judgment; Justiciability; Political Question. (TF3)

15-293 • NATIONAL TELECOMMUTING INSTITUTE, INC v. USA

Filed 10/28/2015
REPORTED OPINION AND ORDER. Signed by Judge Thomas C. Wheeler.

Keywords: re: Post-award Bid Protest; AbilityOneProgram; Javits-Wagner-O'Day Act; Delay in Filing Protest; Laches; Reasonableness of Evaluation and Selection of Awardee; Judgment on the Administrative Record.

12-384 • KATZIN et al v. USA

Filed 10/28/2015
REPORTED OPINION: For reasons stated, the government's motion in limine is DENIED. The government's motion for an order to allow Dr. Jorge Orbay to testify via video teleconference from a federal courthouse in Miami, Florida [86] is GRANTED. Signed by Judge Charles F. Lettow.

Keywords: re: Order on Motion in Limine, Order on Motion for Miscellaneous Relief, Reported Opinion: Pre-trial motion in limine; expert testimony on title to property beginning with grants from the Spanish crown and affected by the scope of a seaside reservation and maritime zone; Fed. R. Evid. 702; testimony by video teleconference; RCFC 43.

11-541 • NEW ORLEANS REGIONAL PHYSICIAN HOSPITAL ORGANIZATION, INC v. USA

Filed 10/27/2015
REPORTED ORDER denying Motion for Reconsideration. Signed by Chief Judge Patricia E. Campbell-Smith.

Keywords: re: Motion for Reconsideration; RCFC 54(b); Discovery; RCFC 26(b)(1)

12-204 • DMS IMAGING, INC. et al v. USA

Filed 10/27/2015
REPORTED OPINION The Clerk is directed to enter judgment. Plaintiff's motion due by 12/11/2015. Defendant's response due by 01/11/2016. Plaintiff's reply due by 01/26/2016. Signed by Judge Mary Ellen Coster Williams. (TF3) Copy to parties.

Keywords: re: Contract Disputes Act, 41 U.S.C. § 7100 et seq; Breach of Contract; Risk of Loss Clause; Specific Performance; Prompt Payment Act, 31 U.S.C. § 3902(a); Constructive Termination; Frustration of Purpose Doctrine; Damages; Causation; Foreseeability; Reasonable Certainty; Interest; Attorneys Fees. (TF3)

08-700 • DOBYNS v. USA

Filed 10/26/2015
REPORTED OPINION. (See Order of 10/23/2015, Chief Judge Patricia E. Campbell-Smith) Signed by Special Master John M. Facciola. (jt1) Copy to parties.

Keywords: re: deliberative law enforcement privilege; attorney client privilege; work product doctrine

13-581 • AGUILAR et al v. USA

Filed 10/26/2015
REPORTED OPINION denying Plaintiff's Motion for Judgment on the Administrative Record; granting [39] Defendant's Motion for Judgment on the Administrative Record The Clerk is directed to enter judgment. Signed by Judge Elaine D. Kaplan. (bl) Copy to parties. Modified on 10/26/2015 - corrected text (jt1).

Keywords: re: Immigration Bond; Contract Interpretation; Substantial Violation; 8 C.F.R. § 103.6.

14-941 • HERRMANN et al v. USA

Filed 10/23/2015
REPORTED OPINION: For the reasons stated, the government's motion for partial dismissal is DENIED. Plaintiffs' motion to strike is DENIED as moot. Plaintiffs' motion for partial summary judgment is also DENIED. Plaintiffs' motion for leave to file an exhibit is GRANTED. On or before November 20, 2015, the court requests that the parties submit a joint status report that addresses further proceedings in this action. Signed by Judge Charles F. Lettow.

Keywords: re: Opinion and Order: Tax case; claim for refund of individual income taxes paid pursuant to a notice by the IRS of computational adjustments following an audit of a partnership return; submission by a non-tax matters partner of an administrative adjustment request (AAR) on Form 8082; compliance with instructions attendant to Form 8082; effect of I.R.C. §§ 6227(d), 6228(b)(2)(A)(i), 7422(h), Treasury Reg. § 301.6227(d)-1; jurisdiction to address the partnership items raised in the AAR in this partner-level refund proceeding; claim of right to participate meaningfully in administrative proceeding relating to the determination of partnership items; I.R.C. § 6224(a).

15-243 • IVALDY v. USA

Filed 10/22/2015
REPORTED ORDER granting Motion to Dismiss - Rule 12(b)(1) and (6). The Clerk is directed to enter judgment. Signed by Judge Nancy B. Firestone.

Keywords: re: Pro Se; Motion to Dismiss; Lack of Subject Matter Jurisdiction; RCFC 12(b)(1).

15-458 • KANT v. USA

Filed 10/22/2015
REPORTED ORDER granting Motion to Dismiss - Rule 12(b)(1) and (6). The Clerk is directed to enter judgment and return plaintiff's filing fee. Signed by Judge Nancy B. Firestone. (dls) Copy to parties. Refund completed 12/31/2015

Keywords: re: Pro Se; Motion to Dismiss; Lack of Subject Matter Jurisdiction; RCFC 12(b)(1); Lost or Damaged Mail.

13-523 • COOK v. USA

Filed 10/21/2015
REPORTED OPINION denying Motion to Dismiss - Rule 12(b)(1) and (6); granting in part and denying in part [20] Motion for Judgment on the Administrative Record; granting in part and denying in part [24] Cross-Motion for Judgment on the Administrative Record; and denying as moot [34] Motion to Strike. The case is remanded to the Army for the correction of plaintiff's military records. Remand period terminates on 4/21/2016. Defendant shall file a status report every 90 days, with the first one due by 1/19/2016. RCFC 52.2(f)(1) notices due within 30 days of the Army's filing of documentation that it has complied with the court's instructions. Signed by Judge Margaret M. Sweeney. (kb1)

Keywords: re: Order on Motion to Strike, Order on Motion to Dismiss - Rule 12(b)(1) and (6), Order on Motion for Judgment on the Admin. Record, Reported Opinion: Motion to Dismiss; Mootness; Failure to State a Claim; Motion for Judgment on the Administrative Record; Waiver; Application of Sections 4.129 and 4.130 of the Veterans Affairs Schedule for Rating Disabilities to Soldiers Discharged With PTSD Prior to the Enactment of the Wounded Warrior Act in 2008; 10 U.S.C. Chapter 61; Authority of the Physical Disability Board of Review Under 10 U.S.C. § 1554a; Army Acted Contrary to Law

15-229 • ABBAS v. USA

Filed 10/21/2015
REPORTED MEMORANDUM OPINION and ORDER granting Motion to Dismiss - Rule 12(b)(1) and (6). The Clerk is directed to enter judgment. Signed by Judge Lydia Kay Griggsby. (dls) Copy to parties. (Main Document 12 replaced on 10/23/2015.)

Keywords: re: Pro Se; Rule 12(b)(1), Subject-Matter Jurisdiction; Rule 12(b)(6), Failure to State a Claim; Fifth Amendment Takings; Seventh Amendment.

14-855 • ADVANCED GOVERNMENT SOLUTIONS, INC. v. USA

Filed 10/19/2015
REPORTED OPINION denying Motion for Attorney Fees. Signed by Judge Nancy B. Firestone.

Keywords: re: Order on Motion for Attorney Fees, Reported Opinion: Denial of Attorneys Fees under the Equal Access to Justice Act; Voluntary Corrective Action; Not a Prevailing Party

12-592 • QUAPAW TRIBE OF OKLAHOMA v. USA

Filed 10/16/2015
REPORTED OPINION and ORDER: granting in part and denying in part Motion for Discovery Relief. Signed by Judge Thomas C. Wheeler. [Entry re-docketed for Administrative Purposed Only]

Keywords: re: Discovery Dispute; Organization and Labeling of Documents Produced in Haphazard Fashion; Government's Duty to Designate Person(s) to Testify at Rule 30(b)(6) Deposition.

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