USCFC General Jurisdiction-Reported

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17-9002 • IN RE DOWNSTREAM ADDICKS AND BARKER (TEXAS) FLOOD-CONTROL RESERVOIRS v. USA

Filed 02/12/2018
ORDER REGARDING SHORT FORM COMPLAINT FOR PLAINTIFFS WITH DOWNSTREAM CLAIMS (finding as moot Motion Regarding Short Form Complaint; finding as moot [34] Motion Regarding Short Form Complaint; finding as moot [43] Motion Regarding Short Form Complaint). Signed by Chief Judge Susan G. Braden. (Attachments: # (1) Exhibit Plaintiff's Short Form Complaint)(cn) Service on parties made.

15-355 • WESTROCK VIRGINIA CORP. v. USA

Filed 02/09/2018
REPORTED MEMORANDUM OPINION AND ORDER granting Motion for Summary Judgment; denying [34] Motion for Partial Summary Judgment; denying as moot [49] Motion for Hearing; and dismissing the complaint. The Clerk is directed to enter judgment. Signed by Judge Lydia Kay Griggsby. (rdb) Service on parties made.

Keywords: American Recovery and Reinvestment Act (ARRA); Section 1603; Open-Loop Biomass Facility; Cost Basis; I.R.C. § 45; Renewable Electricity Production Credit; I.R.C. § 48; Energy Tax Credit; Summary Judgment; RCFC 56, re: Reported Memorandum Opinion and Order.

17-1228 • WALDEN SECURITY v. USA

Filed 02/09/2018
REPORTED OPINION. Signed by Judge Mary Ellen Coster Williams. (TF3) Service on parties made.

Keywords: re: Post-Award Bid Protest; Supplementation of Administrative Record; Past Performance Evaluation; Too Close-at-Hand Information; Technical Evaluation; Injunctive Relief. (TF3)

14-147 • BONDYOPADHYAY v. USA

Filed 02/09/2018
REPORTED OPINION and ORDER granting Motion for Summary Judgment; denying [216] Motion of the Infringement Phase. The Clerk is directed to enter judgment. No costs. Signed by Judge Mary Ellen Coster Williams. (dls) Service on parties made. (Plaintiff served via certified mail; Article No. 7016 3010 0000 4308 4003)

Keywords: re: Patent Infringement; 28 U.S.C. § 1498; Summary Judgment; Direct Infringement; Doctrine of Equivalents; Insubstantial Differences; Triple Identity Test.

17-9002 • IN RE DOWNSTREAM ADDICKS AND BARKER (TEXAS) FLOOD-CONTROL RESERVOIRS v. USA

Filed 02/09/2018
REPORTED ORDER: denying Motion Lifting Stay; denying [36] Motion Leave To File Motion For Todd B. Denenberg To Be Appointed Downstream Lead Counsel For Subrogated Insurers Signed by Chief Judge Susan G. Braden. (ar) Service on parties made. **REDOCKETED FOR ADMINISTRATIVE PURPOSES ONLY**

17-1007 • WADE v. USA

Filed 02/05/2018
REPORTED OPINION. The Clerk is directed to enter judgment. Signed by Judge Marian Blank Horn. (dls) Service on parties made. (Plaintiff served via certified mail; Article No. 7016 3010 0000 4308 3846)

Keywords: re: Motion to Dismiss; Reemployed Annuitant; Employment; Contract; Appointment.

13-476 • SILVER BUCKLE MINES, INC. v. USA

Filed 02/02/2018
REPORTED OPINION denying Motion for Judgment on the Pleadings. Joint status report due 3/2/2018. Signed by Judge Margaret M. Sweeney. (pp) Service on parties made.

Keywords -- RCFC 12(c); Motion for Judgment on the Pleadings; Standing; Injury in Fact; Third Party Payment.

17-860 • SACRAMENTO SUBURBAN WATER DISTRICT v. USA

Filed 01/31/2018
REPORTED OPINION--Motion to Stay denied; [9] Motion to Dismiss granted. The Clerk is directed to enter judgment. Signed by Senior Judge Robert H. Hodges, Jr.

Keywords re: Opinion and Order: Public Water System; Carcinogenic Hexavalent Chromium; Maximum Contamination Regulations; Inverse Condemnation Action

17-859 • RIO LINDA ELVERTA COMMUNITY WATER DISTRICT v. USA

Filed 01/31/2018
REPORTED OPINION--Motion to Stay denied; [10] Motion to Dismiss granted. The Clerk is directed to enter judgment. Signed by Senior Judge Robert H. Hodges, Jr.

Keywords re: Opinion and Order: Public Water System; Carcinogenic Hexavalent Chromium; Maximum Contamination Regulations; Inverse Condemnation Action

16-793 • SHEA v. USA

Filed 01/31/2018
REPORTED ORDER granting in part and denying in part Motion for Summary Judgment filed by USA; denying [12] Cross Motion for Summary Judgment filed by JOHN SHEA. Status Report due by 2/16/2018. Signed by Judge Charles F. Lettow.

Keywords: Claim for damages under the Fair Labor Standards Act, 29 U.S.C. § 216(b); position as Investigations Specialist with NCIS designated as exempt; frequent duty as a team lead; genuine disputes over material facts

17-75 • GINSBURG et al v. USA

Filed 01/31/2018
REPORTED OPINION--Motion for Partial Summary Judgment denied; [16] Motion for Summary Judgment granted. The Clerk is directed to enter judgment. Signed by Senior Judge Robert H. Hodges, Jr. (smm) (Main Document 22 replaced on 1/31/2018 to upload correct PDF)

Keywords re: Opinion and Order: Federal Income Tax Liability; Recovery of Capital Doctrine; Nontaxable Contribution to Capital; Internal Revenue Code §61

17-9002 • IN RE DOWNSTREAM ADDICKS AND BARKER (TEXAS) FLOOD-CONTROL RESERVOIRS v. USA

Filed 01/29/2018
REPORTED CASE MANAGEMENT ORDER #5 granting in part and denying in part Motion to Amend Schedule(Initial Fact Sheet due by 1/30/2018., Joint Short Form Complaint due by 2/2/2018.). Signed by Chief Judge Susan G. Braden. (Attachments: # (1) Exhibit Initial Fact Sheet)(cn) Service on parties made.

15-658 • ANORUO v. USA

Filed 01/29/2018
REPORTED OPINION and ORDER granting Motion to Dismiss - Rule 12(b)(1) and (6). The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler. (ar) Service on parties made. [Sent via certified mail: 7016 3010 0000 4308 3730]

17-1977 • HESCO BASTION LTD. v. USA

Filed 01/29/2018
REPORTED OPINION granting judgment on the administrative record for defendant and defendant-intervenor and denying motion for preliminary injunction as moot. Signed by Judge Elaine D. Kaplan. (bh) Service on parties made.

Keywords: re: Bid Protest; Corrective Action; Agency Needs; Reasonable Under the Circumstances.

17-1175 • ROHLAND v. USA

Filed 01/26/2018
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1) The Clerk is directed to enter judgment. Signed by Judge Margaret M. Sweeney. (ac7) Service on parties made.

Keywords: Pro Se Plaintiff; RCFC 12(b)(l); RCFC 12(b)(6); Subject Matter Jurisdiction; Failure to State a Claim Upon Which Relief Can Be Granted; Civil Rights; Tort; Money-Mandating Provision of Law; Collateral Attack; Pleading Standards; Breach of Contract; Takings Clause of the Fifth Amendment; Patent Infringement; 28 U.S.C. § 1500

16-709 • BASSETT, NEW MEXICO LLC v. USA

Filed 01/26/2018
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1) The Clerk is directed to enter final judgment for defendant DISMISSING plaintiff's amended complaint, without prejudice. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1). Reported Opinion. Takings; Claim Alleging Denial of Access to Real Property; RCFC 12(b)(1); Claim Not Ripe Where No Application for Right-of-Way Completed. (TQ)

17-663 • EVIDEO INCORPORATED, et al.v. USA

Filed 01/26/2018
REPORTED MEMORANDUM OPINION AND ORDER: granting-in-part Motion to Dismiss - Rule 12(b)(1) and (6) and dismissing the complaint. The Clerk is directed to enter judgment. Signed by Judge Lydia Kay Griggsby. (atw) Service on parties made.

Keywords: Rule 12(b)(1); Subject-Matter Jurisdiction; Rule 12(b)(6); Failure to State a Claim; Res Judicata; Implied-In-Law Contract, re: REPORTED MEMORANDUM OPINION AND ORDER on Motion to Dismiss - Rule 12(b)(1) and (6).

09-103 • HAGGART et al v. USA

Filed 01/26/2018
REPORTED OPINION and ORDER granting plaintiffs' motion for approval of the settlement. The Clerk is directed to enter judgment under RCFC 54(b). Signed by Judge Charles F. Lettow. (kw)REPORTED OPINION and ORDER granting plaintiffs' motion for approval of the settlement. The Clerk is directed to enter judgment under RCFC 54(b). Signed by Judge Charles F. Lettow.

Keywords: re: Rails-to-trails takings case; fairness of settlement of class action; RCFC 23(e)

14-548 • BAKER et al v. USA

Filed 01/24/2018
REPORTED OPINION--Motion to Seal denied. Clerk will strike [77-8] and [79] filings. Plaintiffs will file complete Exhibit 7 to [77] Motion for Attorneys Fees, by 1/29/18. Signed by Senior Judge Robert H. Hodges, Jr.

17-685 • TENERIFE REAL ESTATE HOLDINGS, LLC et al v. USA

Filed 01/23/2018
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1). The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler. (mg) Service on parties made.

Keywords: re: Motion to Dismiss for Lack of Subject Matter Jurisdiction; RCFC 12(b)(1); Federal Deposit Insurance Corporation; 12 U.S.C. 1819(b)(1); 28 U.S.C. § 1345; Financial Institutions Reform, Recovery, and Enforcement Act of 1989; 12 U.S.C. § 1821.

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