USCFC General Jurisdiction-Reported

REPORTED OPINION (reissued for publication of SEALED MEMORANDUM AND ORDER denying [67] Plaintiff's Motion to Stay Judgment Pending Appeal). Signed by Judge Eleni M. Roumel. (smh) Service on parties made. (Main Document 74 replaced on 11/18/2022 to attach corrected PDF)

REPORTED OPINION AND ORDER granting in part and denying in part MOTION to Dismiss pursuant to Rules 12(b)(1) and (6), filed by USA, and granting in part and denying in part [49] CROSS MOTION for Summary Judgment on Liability and RESPONSE to Motion to Dismiss, filed by CITGO PETROLEUM CORPORATION, OXY USA, INC. The parties shall file a Joint Status Report on or before 12/19/2022 proposing a schedule of further proceedings in this matter. Signed by Judge Carolyn N. Lerner. (mja) Service on parties made. (Main Document 71 replaced on 2/8/2023 to correct typo) (ac7).

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1) and (6), Order on Cross Motion, Reported Opinion: Contract; Motion to Dismiss; RCFC 12(b)(1); RCFC 12(b)(6); Summary Judgment; Anti-Assignment Act; Liability.

REPORTED OPINION. Signed by Judge Zachary N. Somers. (mpo) Service on parties made.

REPORTED OPINION. ECF No. reissued. Signed by Judge David A. Tapp. (smr) Service on parties made.

REPORTED OPINION. ECF No. reissued. Signed by Judge David A. Tapp. (emc) Service on parties made.

**RE-DOCKETED FOR POSTING TO WEBSITE AND WESTLAW** REPORTED OPINION granting in part and denying in part [102] Motion to Dismiss - Rule 12(b)(1) and (6) Signed by Senior Judge Eric G. Bruggink. (tb) Service on parties made.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1) and (6) federal income tax; I.R.C. § 6603 deposits; underpayment interest; interest on deposits; jurisdiction; illegal exaction

ORDER DISMISSING CASE: The Clerk is directed to ENTER judgment DISMISSING plaintiff's complaint for lack of subject-matter jurisdiction, pursuant to RCFC 12(h)(3). Signed by Judge David A. Tapp. (krm) Service on parties made. Plaintiff served via U.S. mail on 11.14.22 (ac7).

REPORTED ORDER granting Defendant's Motion to Dismiss, in Part, Plaintiff's Amended Complaint under Rule 12(b)(1). Signed by Judge Thompson M. Dietz. (sbp) Service on parties made.

Keywords: re: Order on Motion to Dismiss; Lack of Subject-Matter Jurisdiction; RCFC 12(b)(1); Contract Disputes Act; Damages.

REPORTED OPINION DISMISSING CASE granting Motion for Summary Judgment. The clerk's office is directed to CANCEL the November 9, 2022 pretrial conference and November 10, 2022 trial in this case. The Clerk is directed to ENTER final judgment in defendant's favor, DISMISSING plaintiff's complaint, with prejudice. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made.

Keywords: re: Reported Opinion; Summary Judgment; RCFC 56; FAR 52.212-4(l); Constructive Termination for Convenience; Standard Record Keeping System. (TQ)

REPORTED OPINION denying Defendant's Motion to Dismiss and Motion for Judgment on the Administrative Record; granting Plaintiff's Cross-Motion for Judgment on the Administrative Record; remanding the case to the AFBCMR for a period of six months; staying proceedings during the remand period; and directing the parties to file a Joint Status Report by 12/30/22 and every 60 days thereafter during the remand period. Signed by Chief Judge Elaine D. Kaplan. (ap) Service on parties made. Modified on 10/31/2022 to remove language directing the clerk to enter judgment and adding language re: remand and stay of proceedings. (dls). (Main Document 20 replaced on 11/2/2022 to correct the name of the Executive Director for the Board.)

ORDER DISMISSING CASE and granting motion to proceed in forma pauperis. The Clerk is directed to ENTER judgment DISMISSING plaintiff's complaint for lack of subject-matter jurisdiction, pursuant to RCFC 12(h)(3). Signed by Judge David A. Tapp. (krm) Service on parties made; plaintiff served via first class mail. (dls) Modified on 10/28/2022 to add languare re: granting motion for ifp.

REPORTED OPINION and ORDER on just compensation. The Clerk is directed to enter judgment. Signed by Senior Judge Charles F. Lettow. (khp) (Main Document 581 replaced on 10/28/2022 to add Rule 54(b) language on page 40.) (dls)REPORTED OPINION and ORDER on just compensation. The Clerk is directed to enter judgment. Signed by Senior Judge Charles F. Lettow. (khp) (Main Document 581 replaced on 10/28/2022 to add Rule 54(b) language on page 40.)

Keywords: re: Taking via government-induced flooding of private property; post-trial decision on just compensation for six bellwether plaintiffs; text of flowage easement to be filed in pertinent title records of affected properties.

ORDER DISMISSING CASE: The Clerk is directed to ENTER judgment DISMISSING plaintiff's complaints for lack of subject-matter jurisdiction, pursuant to RCFC 12(h)(3). Signed by Judge David A. Tapp. (krm) Service on parties made. Modified on 10/28/2022 Plaintiff served via U.S. mail. (hw1).

REPORTED OPINION AND ORDER: The Clerk is directed to UNCONSOLIDATE Dawson v. United States, No. 15-1268 (Fed. Cl.), from Arnold v. United States, No. 15-1252 (Fed. Cl.). Plaintiff's motion for attorneys fees and expenses (No. 15-1268L, ECF 196) is GRANTED-IN-PART and DENIED-IN-PART. Plaintiffs are awarded attorney's fees in the aggregate amount of $100,282.47 and litigation expenses in the total amount of $27,424.06. Once unconsolidated, the Clerk is directed to enter JUDGMENT accordingly in Dawson v. United States, No. 15-1268 (Fed. Cl.) Signed by Judge Armando O. Bonilla. (ead) Service on parties made.

Keywords: re: Reported Opinion and order. Rails-to-Trails Temporary Taking: Attorney's Fees and Expenses Under 42 U.S.C. § 4654(c).

**RE-DOCKETED FOR POSTING TO COURT'S WEBSITE**REPORTED OPINION AND ORDER: Plaintiff's motion to certify a class action is, hereby, DENIED without prejudice. Joint Status Report due by 11/21/2022. Signed by Judge Matthew H. Solomson. (vds) Service on parties made.

REPORTED OPINION granting plaintiffs' Motion for Partial Summary Judgment and denying [65] the Government's Cross-motion for Partial Summary Judgment. Signed by Judge Ryan T. Holte. (eir) Service on parties made.

Keywords: re: Reported Opinion: Motion for Partial Summary Judgment; Cross-motion for Summary Judgment; Rails-to-Trails; Fifth Amendment Taking; Causation.

REPORTED OPINION on MOTION for Judgment on the Administrative Record, [53] CROSS MOTION and RESPONSE to [48] Motion for Judgment on the Administrative Record; denying [48] Motion for Judgment on the Administrative Record; granting [53] Motion for Judgment on the Administrative Record; granting [53] Cross Motion. The Clerk is directed to enter judgment. Signed by Judge Edward H. Meyers. (mjd) Service on parties made.

REPORTED OPINION: ECF is reissued with redactions. Signed by Judge Edward H. Meyers. (mjd) Service on parties made.

REPORTED ORDER granting in part and denying in part Motion to Dismiss - Rule 12(b)(1) and (6); denying [19] Motion to Dismiss - Rule 12(b)(1) and (6); denying [19] Motion for Judgment on the Administrative Record; granting [22] Cross Motion for Judgment on the Administrative Record. Signed by Judge Edward H. Meyers. (skw) Service on parties made. Modified on 10/19/2022 - corrected minor typographical error (jt1).

REPORTED OPINION AND ORDER (re-issuance of September 28, 2022 Sealed Opinion and Order for Publication, ECF No. 36.) Signed by Judge Stephen S. Schwartz. (cmc) Service on parties made.