USCFC General Jurisdiction-Reported

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19-1817 • PAKTIN CONSTRUCTION COMPANY v. USA

Filed 04/19/2021
REPORTED ORDER denying Motion to Dismiss - Rule 12(b)(1); granting [28] Motion for Leave to File Supplemental Paper. Signed by Judge Ryan T. Holte. (yg) Service on parties made.

Keywords: re Order on Motion to Dismiss - Rule 12(b)(1): Statute of Limitations; 28 U.S.C. 2501; Accrual Suspension Rule; Rule 12(b)(1); Standing; Fifth Amendment; Taking Clause; Substantial Connection Test.

18-365 • LANDA v. USA

Filed 04/19/2021
REPORTED OPINION granting the defendant's motion for summary judgment. The Court will issue an order in accordance with this memorandum opinion. Signed by Judge Richard A. Hertling. (naw) Service on parties made.

21-856 • DARTON INNOVATIVE TECHNOLOGIES, INC. v. USA

Filed 04/19/2021
REPORTED OPINION. Reissued public opinion of the Court's April 14, 2021, sealed memorandum opinion granting the defendant's and defendant-intervenor's motions for judgment on the administrative record and denying the plaintiff's motion. Signed by Judge Richard A. Hertling. (naw) Service on parties made. Modified by replacing PDF with corrected on 4/19/2021

20-1074 • DOUBLE LION UCHET EXPRESS TRUST, ET AL. v. USA

Filed 04/16/2021
REPORTED OPINION granting Motion to Dismiss; denying [2] Motion for Leave to Proceed in forma pauperis; and ENJOINING plaintiffs from filing any new complaints with this court without an order from the chief judge of the court granting leave to file a complaint. The Clerk is directed to enter judgment. Signed by Senior Judge Margaret M. Sweeney. (jb2) Service on parties made; plaintiffs served via U.S. mail. Docket text modified on 4/16/2021 to add anti-filing language.

Keywords: re: Pro Se Plaintiffs; Motion to Dismiss; Subject Matter Jurisdiction; RCFC 12(b)(1); Sovereign Citizen Allegations; Frivolous Claim; In Forma Pauperis.

19-1113 • MATTSON et al v. USA

Filed 04/15/2021
REPORTED MEMORANDUM OPINION AND ORDER granting The Government's Motion to Dismiss and dismissing the amended complaint. The Clerk is directed to enter judgment. Signed by Judge Lydia Kay Griggsby. (jw) Service on parties made.

Keywords: Tax Refund Claim; RCFC 12(b)(1); Subject-Matter Jurisdiction; I.R.C. § 6061; I.R.C. § 6065; Signature Verification Requirement; Waiver, re: Reported Memorandum Opinion And Order.

20-437 • ALLEN v. USA

Filed 04/15/2021
REPORTED OPINION finding as moot Motion to Appoint Counsel; granting [9] Motion to Dismiss - Rule 12(b)(1) and (6); granting [13] Motion to Amend Pleadings - Rule 15(b); granting [2] Motion for Leave to Proceed in forma pauperis. The Clerk is directed to enter judgment. Signed by Judge Thompson M. Dietz. (adb) Service on parties made; plaintiff served via U.S. mail to address on docket and address on notice of appeal in related case.)

Keywords: re: Order on Motion to Appoint Counsel, Order on Motion to Dismiss - Rule 12(b)(1) and (6), Order on Motion to Amend Pleadings - Rule 15(b), Order on Motion for Leave to Proceed in forma pauperis, Unjust Conviction and Imprisonment Act, Eighth Amendment, Fourteenth Amendment

19-774 • ALLARD et al v. USA

Filed 04/15/2021
REPORTED ORDER granting Motion for Leave to File Amended Complaint. Signed by Senior Judge Victor J. Wolski. (jak) Service on parties made.

19-244 • E&I GLOBAL ENERGY SERVICES, INC. et al v. USA

Filed 04/15/2021
REPORTED OPINION Granting-In-Part and Denying-In-Part Motion for Partial Summary Judgment; Denying [50] Motion for Partial Summary Judgment; Granting [53] Cross Motion. The Court will hold a status and scheduling conference on April 29, 2021 to discuss the remaining issues and set this matter for trial. Signed by Judge David A. Tapp. (jm) Service on parties made.

15-1549 • UNIVERSITY OF SOUTH FLORIDA BOARD OF TRUSTEES v. USA

Filed 04/14/2021
**REDOCKETED FOR PUBLICATION** REPORTED OPINION on First MOTION in Limine to preclude testimony filed by UNIVERSITY OF SOUTH FLORIDA BOARD OF TRUSTEES and [180] Supplemental MOTION in Limine to preclude testimony by Brian Bannerman filed by UNIVERSITY OF SOUTH FLORIDA BOARD OF TRUSTEES denying [160] Motion in Limine; denying [180] Motion in Limine. Signed by Judge Patricia E. Campbell-Smith. (ead) Service on parties made.

Keywords: re: Order on Motion in Limine,Reported Opinion: Motion in Limine; Timely Disclosure of Witness.

21-1030 • SIRIUS FEDERAL, LLC v. USA

Filed 04/14/2021
REPORTED OPINION (re-issuance of March 29, 2021 Opinion for Publication). Signed by Judge Edward H. Meyers. (aak) Service on parties made.

13-499 • LODGE CONSTRUCTION, INC. v. USA

Filed 04/14/2021
REPORTED OPINION Denying Motion for Summary Judgment; Denying [20] Motion for Partial Summary Judgment; Denying [26] Motion for Leave to File. The United States' Counterclaim Count II is DISMISSED for lack of subject matter jurisdiction. Signed by Judge David A. Tapp. (jm) Service on parties made.

20-1936 • ROCKY MOUNTAIN MOBILE MEDICAL v. USA

Filed 04/09/2021
REPORTED ORDER (reissuance of April 5, 2021 order for public viewing.) Signed by Senior Judge Eric G. Bruggink. (hem) Service on parties made. Modified on 4/10/2021 to add language re: reissuance for public viewing.

Keywords: re: Reported Order: Motion for Reconsideration; FAR 52.212-1(g) (2008); FAR Part 13 (2008); "Manifest Injustice."

15-1297 • BROWN et al v. USA

Filed 04/09/2021
REPORTED OPINION granting in part and denying in part Motion for Summary Judgment and denying [45] Cross Motion for Summary Judgment. Joint Status Report due by 4/30/2021. Signed by Senior Judge Margaret M. Sweeney. (kb1)

Keywords: re: Reported Opinion,, Order on Motion for Summary Judgment,, Order on Cross Motion [Dispositive], -- Rails-to-Trails; Fifth Amendment Taking; Threshold Title Issues; Centerline Presumption Under North Carolina Law; Intervening Public Road; Summary Judgment

14-388 • HARDY et al v. USA

Filed 04/08/2021
REPORTED OPINION denying Motion for Summary Judgment; granting [240] Motion for Summary Judgment. Signed by Senior Judge Margaret M. Sweeney. (am) Service on parties made.

Keywords: re: Order on Motion for Summary Judgment, Reported Opinion: RCFC 56; Cross-Motions for Summary Judgment; Rails-to-Trails; Vacatur and Remand from Federal Circuit; Causation

20-1602 • OBSIDIAN SOLUTIONS GROUP, LLC v. USA

Filed 04/08/2021
REPORTED OPINION. Reissued public opinion of the Court's March 24, 2021 sealed memorandum opinion granting the defendant's motion for judgment on the administrative record and denying the plaintiff's motion. Signed by Judge Richard A. Hertling. (naw) Service on parties made.

20-682 • LOWRY v. USA

Filed 04/08/2021
REPORTED OPINION granting Plaintiff's Motion for Judgment on the Administrative Record; granting in part and denying in part [21] Plaintiff's Motion to Supplement the Administrative Record; REMANDING to the BCNR for correction of Plaintiff's military record. Status Report due by 6/7/2021. Signed by Chief Judge Elaine D. Kaplan. (tjd) Service on parties made.

20-514 • EVERGREEN MARINE LTD v. USA

Filed 04/08/2021
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1) and (6). The Clerk is directed to ENTER final judgment DISMISSING plaintiff's complaint with prejudice. Signed by Judge Patricia E. Campbell-Smith. (dpk) Service on parties made.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1) and (6), Reported Opinion: Motion to Dismiss; RCFC 12(b)(1); Claims Sounding in Tort.

12-484 • FASTSHIP, LLC v. USA

Filed 04/07/2021
REPORTED OPINION. Signed by Senior Judge Charles F. Lettow.

Keywords: re: Reported Opinion: Patent case; prevailing plaintiffs claim for attorneys fees and expenses; 28 U.S.C. § 1498(a); lack of substantial justification for governments position; attorneys fees and expenses.

17-738 • MENDU v. USA

Filed 04/07/2021
REPORTED OPINION denying Motion to Dismiss - Rule 12(b)(1); denying [34] Cross Motion and RESPONSE to [30] Motion to Dismiss; denying [47] Motion to Voluntarily Dismiss - Rule 41(a); Parties shall submit a Joint Status Report by 4/21/2021. Signed by Judge Eleni M. Roumel. (rt16) Service on parties made.

20-1936 • ROCKY MOUNTAIN MOBILE MEDICAL v. USA

Filed 04/06/2021
REPORTED OPINION (reissuance of March 18, 2021 Opinion for publication). Signed by Senior Judge Eric G. Bruggink. (hem) Service on parties made. Modified on 4/10/2021 to add text re: reissuance for publication.

Keywords: re: Reported Opinion: Bid protest; Pre-award bid protest; FAR 13.106-3(a) (2008); Exchanges; Best value determination.

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