USCFC General Jurisdiction-Unreported

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U.S. Court of Federal Claims Opinions
Updated: 10 months 1 week ago

20-412 • JOLLY v. USA

Filed 03/03/2023
UNREPORTED ORDER granting Application to Proceed in forma pauperis; denying [20] Motion for Reconsideration. Plaintiff's brief showing cause due by 4/6/2023. Signed by Judge Ryan T. Holte. (eir) Service on parties made.

23-295 • WINTERS v. USA

Filed 03/03/2023
UNREPORTED SHOW CAUSE ORDER. Plaintiff's brief showing cause as to why this case should not be dismissed due by 4/4/2023. The government's response due within 30 days of date plaintiff files the brief. Signed by Judge Ryan T. Holte. (eir) Service on parties made. Plaintiff served via first class and certified mail 7018 2290 0000 5183 5913 on 03.07.2023 (cam). Modified on 3/7/2023 (cam). Modified on 3/27/2023 - Re-served at plaintiff's request to: P.O. Box 778, Tonto Basin, AZ 85553, via U.S. Certified Mail 7018 2290 0000 5183 9874 on 03.27.2023. (hw1).

23-247 • DONNELLY v. USA

Filed 03/02/2023
UNREPORTED OPINION DISMISSING CASE and granting Motion for Leave to Proceed in forma pauperis. The Clerk is directed to enter judgment. Signed by Judge Edward H. Meyers. (mjd) Service on parties made; plaintiff served via first class mail.

16-840 • BITMANAGEMENT SOFTWARE GMBH v. USA

Filed 03/02/2023
UNREPORTED OPINION. Signed by Senior Judge Edward J. Damich. (hem) Service on parties made.

22-1634 • DONNELLY v. USA

Filed 03/02/2023
UNREPORTED OPINION DISMISSING CASE on MOTION to Dismiss pursuant to Rule 12(b)(1) filed by USA, and granting [2] Motion for Leave to Proceed in forma pauperis. The Clerk is directed to enter judgment. Signed by Judge Edward H. Meyers. (mjd) Service on parties made; plaintiff served via first class mail.

22-1551 • JOLLY v. USA

Filed 02/28/2023
OPINION AND ORDER: Defendant's Motion to Dismiss plaintiff's complaint for lack of subject matter jurisdiction under RCFC 12(b)(1) as to all claims except the FLSA claim is GRANTED. Defendant's [6] Motion to Dismiss plaintiff's FLSA claim for failure to state a claim upon which relief can be granted under RCFC 12(b)(6) (ECF 6) is DENIED without prejudice. Plaintiff shall FILE an Amended Complaint consistent with this Order on or before March 14, 2023, limited to her FLSA claim for unpaid overtime compensation. Plaintiff's Amended Complaint may be rejected by the Court if the pleading fails to address the material facts listed below and outlined in Section III of this Order. The Clerk of Court shall FILE plaintiff's Amended Complaint by leave of the Court in accordance with RCFC 15(a)(2). If no amended complaint is received, the Court will issue an order dismissing the complaint for failure to prosecute pursuant to RCFC 41(b). Defendant shall FILE a response to plaintiff's Amended Complaint within 14 days of the filing of the amended pleading by leave of the Court. Plaintiff's [10] Motion for Leave to Leave to Conduct Discovery is DENIED without prejudice. Filings not filed within this scope of this Order may be REJECTED by the Court. Signed by Judge Armando O. Bonilla. (ead) Service on parties made. Plaintiff served via certified mail 7018 2290 0000 5183 5890 on 03.01.2023 (cam). Modified on 3/1/2023

21-1809 • FRERES LUMBER CO., INC. v. USA

Filed 02/28/2023
**RE-DOCKETED FOR POSTING TO THE COURT'S WEBSITE.** UNREPORTED OPINION and ORDER denying Motion to Dismiss pursuant to Rule 12(b)(6). Signed by Judge Edward H. Meyers. (dls) Service on parties made.

21-2281 • SOLANO v. USA

Filed 02/28/2023
**RE-DOCKETED FOR POSTING TO THE COURT'S WEBSITE.** UNREPORTED OPINION and ORDER granting Motion to Dismiss pursuant to Rule 12(b)(1) and 12(b)(6) and dismissing Counts II and IV of the complaint in their entirety and Counts I and III insofar as they seek damages for alleged FLSA violations accruing before December 10, 2018. Signed by Judge Edward H. Meyers. (dls) Service on parties made. (Main Document 11 replaced on 3/1/2023 to correct header.)

18-1117 • SANSOM v. USA

Filed 02/28/2023
UNREPORTED ORDER finding as moot Motion for Judgment on the Administrative Record; finding as moot [22] Cross Motion; on [17] MOTION for Judgment on the Administrative Record filed by USA, [22] CROSS MOTION and RESPONSE to [17] Motion for Judgment on the Administrative Record filed by USA filed by DANIEL SANSOM ( Status Report due by 3/21/2023). Signed by Senior Judge Victor J. Wolski. (mvl) Service on parties made.

15-501 • 3RD EYE SURVEILLANCE, LLC v. USA

Filed 02/23/2023
**RE-DOCKETED FOR POSTING TO THE COURT'S WEBSITE** UNREPORTED ORDER denying [618] Motion Lifting Stay. Signed by Senior Judge Charles F. Lettow. (tb) Service on parties made.

22-1754 • GREENE v. USA

Filed 02/21/2023
UNREPORTED OPINION granting Motion to Dismiss and [2] Motion for Leave to Proceed in forma pauperis. The Clerk is directed to enter judgment. Signed by Judge Thompson M. Dietz. (mlr) Service on parties made. (Main Document 10 replaced on 2/22/2023 to correct the document filed date ) (sh). Modified on 2/22/2023

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1), Order on Motion for Leave to Proceed in forma pauperis, Unreported Opinion, Lack of Subject Matter Jurisdiction, Pro Se.

09-33302 • HENDERSON v. USA

Filed 02/21/2023
UNREPORTED MEMORANDUM OPINION AND ORDER granting Defendant's Motion to Dismiss the Complaints of David F. Henderson and Larry S. Walters pursuant to Rule 12(b)(1); granting [9] Defendant's Motion to Dismiss the Complaints of Glenn T. Goble and Warren H. Nelson pursuant to Rule 12(b)(1). The complaints of Mr. Henderson, Mr. Walters, Mr. Goble, and Mr. Nelson are dismissed. The Clerk is directed to enter judgment. Signed by Judge Thompson M. Dietz. (brs) Service on parties made. Plaintiff Goble served via first class mail on 02.21.2023 (sh). Modified on 2/21/2023

Keywords: Unreported Memorandum Opinion and Order granting Motion to Dismiss; Unreported Opinion; RCFC 12(b)(1); Lack of Subject-Matter Jurisdiction; Federal Insurance Contributions Act (FICA); Tax Refund Claim; Statute of Limitations; I.R.C. § 6511; Pro Se.

19-1742 • THOMAS CREEK LUMBER AND LOG CO. v. USA

Filed 02/17/2023
UNREPORTED OPINION on cross-motions for summary judgment in this dispute arising out of a timber contract. The defendant's motion for summary judgment is granted in part regarding the plaintiff's breach-of-warranty claim and denied in part regarding the plaintiff's breach-of-contract claim. The plaintiff's motion for partial summary judgment is denied. Signed by Judge Richard A. Hertling. (kac) Service on parties made.

22-511 • RAINEY v. USA

Filed 02/17/2023
OPINION granting MOTION for Summary Judgment filed by USA, denying as moot [13] MOTION, and granting [2] MOTION for Leave to Proceed in forma pauperis. The Clerk is directed to enter judgment. Signed by Judge Edward H. Meyers. (skw) Service on parties made.

15-429 • AULD v. USA

Filed 02/16/2023
UNREPORTED OPINION AND ORDER: granting the government's motion for summary judgment on Count I and motion to dismiss on Count II; denying [105] plaintiff's motion to remand; denying [109] plaintiff's motion for leave to file supplemental pleading or correct amended complaint; granting [115] plaintiff's motion for leave to file supplemental declaration; denying [116] plaintiff's motion to strike; finding as moot [118] plaintiff's motion to strike; and denying [122] plaintiff's amended motion to remand. The Clerk is directed to enter judgment. Signed by Judge Ryan T. Holte. (eir) Service on parties made. Plaintiff served via first class mail on 02.22.2023(mjk). Modified on 2/22/2023

16-408 • BUHOLTZ v. USA

Filed 02/16/2023
OPINION AND ORDER: Counts One, Two, and Four of the Fifth Amended Complaint are DISMISSED for lack of subject matter jurisdiction. Plaintiff's [132] Motion to Supplement the Administrative Record is DENIED. The Clerk of Court is directed to LIFT the STAY entered in this case on [166] November 22, 2022. Defendant shall FILE a Motion for Judgment on the Administrative Record on or before March 17, 2023. Plaintiff shall FILE a Consolidated Response to Defendant's Motion for Judgment on the Administrative Record and Cross-Motion for Judgment on the Administrative Record within 30 days of the filing of defendant's dispositive motion. Defendant shall FILE a Consolidated Response to Plaintiff's Cross-Motion for Judgment on the Administrative Record and Reply in Further Support of Defendant's Motion for Judgment on the Administrative Record within 30 days of the filing of plaintiff's dispositive cross-motion. Plaintiff shall FILE a Reply in Further Support of Plaintiff's Cross-Motion for Judgment on the Administrative Record within 14 days of the filing of defendant's response to plaintiff's dispositive cross-motion. Signed by Judge Armando O. Bonilla. (ead) Service on parties made. Plaintiff served via first class mail on 03.01.2023 (cam). Modified on 3/1/2023

14-152 • REID et al v. USA

Filed 02/15/2023
UNREPORTED ORDER. Order to Show Cause. Order Lifting Stay. Plaintiffs' Brief or the parties' stipulation of voluntary dismissal due by 3/15/2023. Defendant's Response due by 4/5/2023. Plaintiffs' Reply due by 4/19/2023. Signed by Senior Judge Margaret M. Sweeney. (jb2) Service on parties made.

Keywords: re: Stay to Await Outcome of District Court Case Not Proper Where Binding Precedent Compels Dismissal of Plaintiffs' Claims.

13-608 • FISHER et al v. USA

Filed 02/15/2023
UNREPORTED ORDER. Order to Show Cause. Order Lifting Stay. Plaintiffs' Brief or the parties' stipulation of voluntary dismissal due by 3/15/2023. Defendant's Response due by 4/5/2023. Plaintiffs' Reply due by 4/19/2023. Signed by Senior Judge Margaret M. Sweeney. (jb2) Service on parties made.

Keywords: re: Stay to Await Outcome of District Court Case Not Proper Where Binding Precedent Compels Dismissal of Plaintiffs' Claims.

22-1932 • TWO KNIGHTS DEFENSE, LLC v. USA

Filed 02/14/2023
UNREPORTED ORDER granting Unopposed Motion for Leave to File Amended Complaint. Plaintiff shall file its amended complaint by 2/17/2023. Signed by Judge Ryan T. Holte. (eir) Service on parties made.

22-339 • HAWAIIAN DREDGING CONSTRUCTION COMPANY, INC. v. USA

Filed 02/14/2023
UNREPORTED OPINION DISMISSING CASE on MOTION to Dismiss pursuant to Rule 12(b)(6) filed by USA, granting [15] Motion to Dismiss - Rule 12(b)(6). The Clerk is directed to enter judgment. Signed by Judge Carolyn N. Lerner. (agw) Service on parties made.

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