USCFC General Jurisdiction-Reported

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16-316 • HOWELL et al v. USA

Filed 08/15/2016
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1) and (6). The Clerk is directed to enter judgment. Signed by Judge Marian Blank Horn. (dls) Copy to parties. (USPS Tracking No. 9114 9999 4431 3548 1338 00)

Keywords: re: Pro Se Plaintiff; Subject Matter Jurisdiction; Proper Plaintiffs; Proper Defendants; Tort Claims; Criminal Claims; Fraud; Racketeering.

15-1560 • YANKO v. USA

Filed 08/12/2016
REPORTED MEMORANDUM OPINION AND ORDER granting Motion to Dismiss - Rule 12(b)(6) The Clerk is directed to enter judgment. Signed by Judge Susan G. Braden. (ej) Copy to parties.REPORTED MEMORANDUM OPINION AND ORDER granting [7] Motion to Dismiss - Rule 12(b)(6) The Clerk is directed to enter judgment. Signed by Judge Susan G. Braden.

Keywords: re: 5 C.F.R. § 550.103 (Premium Pay Definitions); 5 C.F.R. § 610.102 (Weekly and Daily Scheduling of Work Definitions); 5 C.F.R. § 610.405 (Holiday for Part-Time Employees on Flexible Work Schedules); 5 U.S.C. § 5546(b) (Holiday Pay); 5 U.S.C. § 5596 (Back Pay Due to Unjustified Personnel Action); 5 U.S.C. § 6101 (Basic 40-Hour Workweek; Work Schedules; Regulations); 5 U.S.C. § 6103 (Holidays); 5 U.S.C. § 6121 (Flexible and Compressed Work Schedules Definitions); 28 U.S.C. § 1491(a)(1) (Jurisdiction); Executive Order No. 11,582 (Holiday Observance); Rule 12(b)(6) of the Rules of the United States Court of Federal Claims (RCFC).

14-1204 • KANE COUNTY, UTAH v. USA

Filed 08/12/2016
REPORTED OPINION--Filed this date denying motion for summary judgment; denying [6] motion to certify class; granting [11] motion to dismiss - Rule 12(b)(6). The Clerk is directed to enter judgment. Signed by Senior Judge Robert H. Hodges, Jr.

Keywords: re: Payment in Lieu of Taxes Act (PILT); Statutory Formulae To Reimburse; Inability To Tax Federal Lands; Budget Control Act of 2011; Taxpayer Relief Act of 2012; Motion To Dismiss for Failure To State a Claim

16-149 • JOHNSON v. USA

Filed 08/09/2016
REPORTED OPINION and ORDER denying Motion for Reconsideration - Rule 59(a). Signed by Judge Margaret M. Sweeney. (dls) Copy to parties. (USPS Tracking No. 9114 9014 9645 0594 5522 07)

Keywords: re: Pro Se Plaintiff; Motion for Reconsideration; RCFC 59(e).

15-153 • STEPHENS et al v. USA

Filed 08/09/2016
REPORTED OPINION: Order of Dismissal, finding as moot Motion to Certify Interlocutory Appeal, and Vacating 12/3/2015 Order [31] and 3/14/2016 Order [41]. The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler. (ar) Copy to parties. **REDOCKETED FOR ADMINISTRATIVE PURPOSES**

Keywords: re: Reconsideration of Defendants Motion to Dismiss; 26 U.S.C. §§ 6511, 7422; Untimely Refund Claim Filed with IRS; Equitable Theories; Last v. United States, 37 Fed. Cl. 1 (1996).

16-317 • SOS INTERNATIONAL LLC v. USA

Filed 08/08/2016
REDACTED PUBLISHED OPINION (Reissuance of July 19, 2016 Memorandum Opinion and Order for publication) denying SOSi's motion for judgment upon the administrative record; granting the government's motion to dismiss or, in the alternative, for judgment upon the administrative record; and granting Six3's motion for judgment upon the administrative record. Signed by Judge Lydia Kay Griggsby.

Keywords re: Reported Opinion: 28 U.S.C. § 1491(b)(1); Pre-Award Bid Protest; Corrective Action.

16-427 • PARCEL 49C LIMITED PARTNERSHIP v. USA

Filed 08/05/2016
REPORTED MEMORANDUM OPINION AND ORDER granting-in-part and denying-in-part Plaintiff's second motion to supplement the administrative record. Signed by Judge Lydia Kay Griggsby.

Keywords: re: Pre-Award Bid Protest; Motion to Supplement the Administrative Record.

16-206 • LANGLEY v. USA

Filed 08/01/2016
REPORTED ORDER denying Motion for Sanctions pursuant to Rule 11. Signed by Chief Judge Patricia E. Campbell-Smith.

Keywords: re: Pro Se Complaint; Motion for Sanctions; RCFC 11; RCFC 6.1. (dls)Keywords: re: [20] Pro Se Complaint; Dismissal for Lack of Subject Matter Jurisdiction; Tax Refund Claim; Takings Claim; Suit precluded by previous actions in Tax Court; I.R.C. § 6512(a).

15-1275 • PARKS v. USA

Filed 08/01/2016
REPORTED OPINION granting Motion for Judgment on the Administrative Record and denying [11] Cross-Motion. The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler.

Keywords: re: Review of Wrongful Military Discharge Allegations; Violation of Military Protective Order; Standard of Review; Administrative Record

16-206 • LANGLEY v. USA

Filed 08/01/2016
See Order of August 12, 2016 Withdrawing REPORTED OPINION and ORDER granting Amended Motion to Dismiss - Rule 12(b)(1). The Clerk is directed to enter judgment. No costs. Signed by Chief Judge Patricia E. Campbell-Smith. (dls) Copy to parties. (USPS Tracking No. 9114 9014 9645 0594 5521 46)

Keywords: re: Pro Se Complaint; Motion for Sanctions; RCFC 11; RCFC 6.1. (dls)Keywords: re: [20] Pro Se Complaint; Dismissal for Lack of Subject Matter Jurisdiction; Tax Refund Claim; Takings Claim; Suit precluded by previous actions in Tax Court; I.R.C. § 6512(a).

12-81 • McCLENDON v. USA

Filed 08/01/2016
REPORTED OPINION denying Motion for Summary Judgment and granting [91] Cross-Motion for Summary Judgment. The Clerk is directed to enter judgment. Signed by Senior Judge Loren A. Smith.

Keywords: re: RCFC 56; Overtime Compensation Claim; Fair Labor Standards Act

15-1279 • ALGESE 2 v. USA

Filed 07/29/2016
REPORTED OPINION. The Clerk is directed to enter judgment in favor of Defendant. Signed by Judge Thomas C. Wheeler.

Keywords: re: Post-award Bid Protest; Remand to Agency for Responsibility Determination Following Receipt of New Information; Offerors Duty to Disclose Criminal Activity of Parent Corporation and Former Principals.

16-223 • KENYON v. USA

Filed 07/28/2016
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1) and (6). The Clerk is directed to enter judgment. [USPS Tracking #9114 9999 4431 3548 1337 94] Signed by Judge Susan G. Braden.

Keywords: re: 28 U.S.C. § 1941; Rules of the United States Court of Federal Claims ("RCFC"), RCFC 12(b)(1), RCFC 12(b)(6).

15-418 • FULLER v. USA

Filed 07/28/2016
REPORTED OPINION granting Motion for Judgment on the Administrative Record; denying [18] Cross Motion. The Clerk is directed to enter judgment. Signed by Judge Mary Ellen Coster Williams. (TF3) Copy to parties.

Keywords: re: Military Discharge; Judgment on the Administrative Record; Legal Hold; Retirement; Drop from Rolls; Military Control; Supervised Release; SECNAVINST 1620.6C. (TF3)

16-138 • DIAZ v. USA

Filed 07/27/2016
REPORTED OPINION granting Motion to Dismiss; and dismissing as moot, plaintiff's motion for summary judgment. The Clerk is directed to enter judgment. Signed by Judge Marian Blank Horn. (dls) Copy to parties. (USPS Tracking No. 9114 9014 9645 0594 5520 23)

Keywords: re: Pro Se Plaintiff; Subject Matter Jurisdiction; Attorney Representation for a Business Entity; RCFC 83.1(a)(3); Standing.

16-44 • STARRY ASSOCIATES, INC v. USA

Filed 07/27/2016
REPORTED OPINION. Signed by Senior Judge Eric G. Bruggink. (jpk1) Copy to parties.

Keywords: re: Reported OPINION: Bid Protest; Assertions of Bias; Irrationality; Failure to Document.

16-149 • JOHNSON v. USA

Filed 07/26/2016
REPORTED OPINION and ORDER granting Motion for Leave to Proceed in forma pauperis; granting [7] Motion to Dismiss - Rule 12(b)(1). The Clerk is directed to enter judgment. Signed by Judge Margaret M. Sweeney. (dls) Copy to parties. (USPS Tracking No. 9114 9999 4431 3548 1061 49)

Keywords: re: Tucker Act: 28 U.S.C. § 1491; Pro Se Plaintiff; Motion to Dismiss; RCFC 12(b)(1); Tax Refund; Wrongful Levy; IFP Application.

08-899 • SABO et al v. USA

Filed 07/26/2016
REPORTED OPINION granting Motion for Attorney Fees and [305] Motion for Attorney Fees. The Clerk is directed to enter judgment. Signed by Judge Margaret M. Sweeney. (kb1)

Keywords: re: Reported Opinion on Motion for Attorney Fees - Application for Attorneys Fees and Expenses Under the EAJA; Antiassignment Act; Prevailing Party; Substantial Justification; Application of VASRD § 4.129 to Service Members Discharged With PTSD; 10 U.S.C. Chapter 61; Adequacy of Supporting Documentation

13-130 • ALMANZA v. USA

Filed 07/26/2016
REPORTED OPINION and ORDER granting the government's motion for summary judgment as to the Border Patrol Agent plaintiffs' FSLA claims and denying plaintiffs' motion for summary judgment as to those claims. Signed by Judge Elaine D. Kaplan. (Attachments: # (1) Appendix List of BPA Plaintiffs)(kb) Copy to parties. Modified on 4/10/2017 to edit docket text for clarity.

Keywords: re: Fair Labor Standards Act; 29 U.S.C. §§ 201219; Time spent in training; 5 C.F.R. § 551.423; Summary Judgment; RCFC 56(a).

15-885 • NOVA GROUP/TUTOR-SALIBA v. USA

Filed 07/22/2016
REPORTED OPINION denying in part and granting in part Motion to Transfer. Telephonic status conference set for 9/15/2016 at 11:00 a.m. E.D.T. Signed by Judge Mary Ellen Coster Williams. (TF3) Copy to parties.

Keywords: re: Contract Disputes Act, 41 U.S.C. § 7101 et seq; Transfer; Time Limit for Appealing Contracting Officers Decision; Time-Barred Appeal; Waiver of Sovereign Immunity. (TF3)

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