USCFC General Jurisdiction-Reported

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17-359 • WHITE MOUNTAIN APACHE TRIBE v. USA

Filed 12/16/2021
REPORTED ORDER granting Motion to Dismiss - Rule 12(b)(1) and (6); denying as moot [66] Motion for Partial Summary Judgment. Joint Status Report due by 1/18/2022. Signed by Judge Kathryn C. Davis. (beg) Service on parties made.

21-1755 • INSIGHT PUBLIC SECTOR, INC. v. USA

Filed 12/16/2021
REPORTED OPINION (reissuance for publication of SEALED MEMORANDUM AND ORDER re [26] Plaintiff's Motion to Complete the Administrative Record). Signed by Judge Eleni M. Roumel. (rt16) Service on parties made.

17-9001 • IN RE UPSTREAM ADDICKS AND BARKER (TEXAS) FLOOD-CONTROL RESERVOIRS v. USA

Filed 12/15/2021
REPORTED OPINION denying Motion to Certify Class. Signed by Senior Judge Charles F. Lettow.

Keywords: re: Reported Opinion: motion to certify class; timeliness, Rule 23 criteria.

18-13750 • STAHLBERG et al v. USA

Filed 12/15/2021
REPORTED OPINION AND ORDER granting Motion for Partial Summary Judgment; denying [7] Cross-Motion for Partial Summary Judgment. Signed by Senior Judge Charles F. Lettow.

Keywords: re: : Rails-to-trails case; determination of parcel at issue; unity of ownership and control.

15-767 • ACLR, LLC v. USA

Filed 12/15/2021
REPORTED OPINION of the court's November 19, 2021 **SEALED**OPINION and ORDER denying [107] Motion for Summary Judgment. No redactions were proposed by the parties. The sealed and this public version of this opinion and order are identical, except for the publication date and this footnote. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made.

Keywords: re: Reported Opinion on Summary Judgment; RCFC 56; Constructive Termination for Convenience; Damages. (TQ)

21-2001 • HARMONIA HOLDINGS GROUP, LLC v. USA

Filed 12/15/2021
REPORTED ORDER denying as moot Motion for Preliminary Injunction; granting [13] Motion to Dismiss - Rule 12(b)(1); denying as moot [13] Motion for Judgment on the Administrative Record. Signed by Judge Kathryn C. Davis. (beg) Service on parties made.

21-2266 • FRAZIER v. USA

Filed 12/14/2021
REPORTED OPINION granting Motion for Leave to Proceed in forma pauperis. The court DISMISSES Mr. Frazier's complaint for lack of jurisdiction. The Clerk is directed to enter judgment. Signed by Senior Judge Margaret M. Sweeney. (ls) Service on parties made; plaintiff served via U.S. mail.

Keywords: re: Pro Se Plaintiff; Sua Sponte Dismissal; Subject-Matter Jurisdiction; Due Process; Federal Rules of Civil Procedure; 28 U.S.C. § 2403; In Forma Pauperis.

18-923 • TIPPINS et al v. USA

Filed 12/08/2021
REPORTED OPINION Denying Motion for Reconsideration. The Clerk is directed to enter judgment in favor of the six plaintiffs named in this Opinion. This case shall remain open to allow for further collective action proceedings. Joint Status Report due by 1/24/2022. Signed by Judge David A. Tapp. (jm) Service on parties made.

18-48 • CHEUNG et al v. USA

Filed 12/06/2021
REPORTED OPINION. Signed by Senior Judge Marian Blank Horn. (jm5) Service on parties made.

19-400 • BRADLEY et al v. USA

Filed 12/03/2021
REPORTED OPINION, filed nunc pro tunc to 3/23/2021, denying Motion for Partial Summary Judgment, and granting in part and denying in part [60] Cross-Motion for Partial Summary Judgment. Signed by Senior Judge Margaret M. Sweeney. (kb1) (Main Document 78 replaced on 12/7/2021 to correct a typo on page 12 (1951 changed to 1851). (ac7).

Keywords: re: Reported Opinion -- Trails Act; Indiana Law; Property Interest Conveyed via Release Executed Pursuant to Railroad Company's Legislative Charter; Fee Simple Versus Easement; Cross-Motions for Summary Judgment; Request to Certify Questions to the Indiana Supreme Court; Indiana Supreme Courts Adherence to Its Prior Rulings

19-471 • ATS FORD DRIVE INVESTMENT, LLC et al

Filed 12/03/2021
REPORTED OPINION, filed nunc pro tunc to 3/23/2021, denying Motion for Partial Summary Judgment, and granting in part and denying in part [65] Cross-Motion for Partial Summary Judgment. Signed by Senior Judge Margaret M. Sweeney. (kb1) (Main Document 121 replaced on 12/7/2021 to correct a typo on page 12 (1951 changed to 1851). (ac7).

Keywords: re: Reported Opinion -- Trails Act; Indiana Law; Property Interest Conveyed via Release Executed Pursuant to Railroad Company's Legislative Charter; Fee Simple Versus Easement; Cross-Motions for Summary Judgment; Request to Certify Questions to the Indiana Supreme Court; Indiana Supreme Courts Adherence to Its Prior Rulings

18-1961 • OLDHAM et al v. USA

Filed 12/03/2021
REPORTED OPINION, filed nunc pro tunc to 3/23/2021, denying Motion for Partial Summary Judgment, and granting in part and denying in part [42] Cross-Motion for Partial Summary Judgment. Signed by Senior Judge Margaret M. Sweeney. (kb1) (Main Document 64 replaced on 12/7/2021 to correct a typo on page 12 (1951 changed to 1851). (ac7).

Keywords: re: Reported Opinion -- Trails Act; Indiana Law; Property Interest Conveyed via Release Executed Pursuant to Railroad Company's Legislative Charter; Fee Simple Versus Easement; Cross-Motions for Summary Judgment; Request to Certify Questions to the Indiana Supreme Court; Indiana Supreme Courts Adherence to Its Prior Rulings

18-1964 • PRESSLY et al v. USA

Filed 12/03/2021
REPORTED OPINION, filed nunc pro tunc to 3/23/2021, denying Motion for Partial Summary Judgment, and granting in part and denying in part [54] Cross-Motion for Partial Summary Judgment. Signed by Senior Judge Margaret M. Sweeney. (kb1) (Main Document 78 replaced on 12/7/2021 to correct a typo on page 12 (1951 changed to 1851). (ac7).

Keywords: re: Reported Opinion -- Trails Act; Indiana Law; Property Interest Conveyed via Release Executed Pursuant to Railroad Company's Legislative Charter; Fee Simple Versus Easement; Cross-Motions for Summary Judgment; Request to Certify Questions to the Indiana Supreme Court; Indiana Supreme Courts Adherence to Its Prior Rulings

21-1080 • MCLARNON v. USA

Filed 12/02/2021
REPORTED ORDER denying Motion to Reopen Time for Appeal. Signed by Senior Judge Margaret M. Sweeney. (jb2) Service on parties made.

Keywords: re: Pro Se Plaintiff; Motion to Reopen Time for Appeal, Fed. R. App. P. 4(a)(6); Prison Mailbox Rule.

19-371 • MICHALOVIC CRAWLEY, et al. v. USA

Filed 12/02/2021
REPORTED OPINION denying Plaintiffs' Motion for Equitable Tolling. The parties shall file a Joint Status Report by 12/16/2021, proposing further proceedings in these consolidated cases. Signed by Senior Judge Nancy B. Firestone. (dpk) Service on parties made.

Keywords: re: Order on Motion for Equitable Tolling, Reported Opinion, Fair Labor Standards Act; Equitable Tolling.

18-47 • SPELLERS v. USA

Filed 12/01/2021
REPORTED OPINION granting Motion for Summary Judgment. The Clerk's office is directed to ENTER final judgment for defendant DISMISSING plaintiff's complaint, with prejudice. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made.

Keywords: re: Reported Opinion on Motion for Summary Judgment. Motion for Summary Judgment; RCFC 56; Equal Pay Act; 29 U.S.C. § 206(d); Affirmative Defense. (TQ)

19-1892 • BES DESIGN/BUILD, LLC v. USA

Filed 11/30/2021
OPINION denying Motion for Partial Summary Judgment; denying [67] Motion for Partial Summary Judgment. Signed by Senior Judge Marian Blank Horn. (jm5) Service on parties made.

20-1211 • SUPERIOR OPTICAL LABS, INC. v. USA

Filed 11/30/2021
REPORTED OPINION of the Court's **SEALED** OPINION and ORDER, ECF No. [60]. No redactions were proposed. Signed by Judge Edward H. Meyers. (aep) Service on parties made. Modified to add docket hyperlink on 11/30/2021

18-1731 • RICHARDSON et al v. USA

Filed 11/30/2021
REPORTED OPINION: Denying Defendant's Motion to Dismiss - Rule 12(b)(6); granting [20] Plaintiff's Cross-Motion for Summary Judgment. Joint Status Report or Joint Stipulation due by December 30, 2021. Signed by Judge Matthew H. Solomson. (ahn) Service on parties made.

21-1685 • SERGENT'S MECHANICAL SYSTEMS, INC. v. USA

Filed 11/29/2021
REPORTED ORDER: Denying Plaintiff's motion to certify interlocutory appeal, which the Court treated as a motion for reconsideration pursuant to Rule 54(b), per the Court's September 14, 2021 [17] Order. Signed by Judge Matthew H. Solomson. (jmt) Service on parties made.

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