USCFC General Jurisdiction-Unreported

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20-410 • ROSS v. USA

Filed 04/14/2020
(RE-DOCKTED FOR POSTING ON THE COURT'S WEBSITE). UNREPORTED ORDER denying [2] Motion for Leave to Proceed in forma pauperis: Plaintiff's motion to proceed in forma pauperis is DENIED. Plaintiff is ORDERED to pay the filing fee by May 13, 2020. Failure to do so will result in dismissal of this action for failure to prosecute. Signed by Senior Judge Nancy B. Firestone. (dpk) Service on parties made. Sent to plaintiff via First Class mail. (ac7). Signed by Senior Judge Nancy B. Firestone.

Keywords: re: Pro Se; Prison Litigation Reform Act; 28 U.S.C. § 1915(g); Three-Strikes Bar.

19-1366 • STEWART v. USA

Filed 04/13/2020
UNREPORTED MEMORANDUM OPINION AND ORDER granting Motion to Dismiss and dismissing the complaint. The Clerk is directed to enter judgment. Signed by Judge Lydia Kay Griggsby. (jw) Service on parties made.

Keywords: RCFC 12(b)(1); Subject-Matter Jurisdiction; RCFC 12(b)(6); Failure To State A Claim; Military Pay Act; 10 U.S.C. § 204; Military Disability Retirement Pay Act; 10 U.S.C. § 1201; Statute of Limitations, 28 U.S.C. § 2501, re: Unreported Memorandum Opinion and Order granting Motion to Dismiss and dismissing the complaint.

09-333 • KOOPMANN v. USA

Filed 04/10/2020
Re-Docketing of Order for Posting to the Court's Website UNREPORTED ORDER granting [90] Motion to Dismiss - Rule 12(b)(6). Signed by Senior Judge Victor J. Wolski. (jt1) Service on parties made.

20-323 • PETERSON et al v. USA

Filed 04/09/2020
UNREPORTED OPINION that the plaintiffs motion to proceed in forma pauperis is GRANTED, and her complaint is DISMISSED without prejudice pursuant to Rules 12(b)(1) and 12 (h)(3) of the Rules of the Court of Federal Claims. A dismissal without prejudice allows the plaintiffs to refile her complaint in a court that may assert jurisdiction over her claims. The Clerk is directed to enter judgment accordingly. No costs are awarded. Signed by Judge Richard A. Hertling. (agg) Service on parties made; plaintiffs served via U.S. mail.

16-1633 • BANKS v. USA

Filed 04/06/2020
UNREPORTED ORDER denying Motion to Intervene( Status Report due by 5/1/2020); ( Status Report due by 5/1/2020). Signed by Senior Judge Eric G. Bruggink. (jpk1) Service on parties made.

Keywords: re: Order on Motion to Intervene, Unreported Order: Rails-to-trails; Fifth Amendment takings; Motion to Intervene by former law firm; RCFC 24; Duty of Loyalty; Former law firms interests are adequately represented.

17-507 • SCARSELLI v. USA

Filed 04/03/2020
UNREPORTED OPINION on CROSS-MOTION for Judgment on the Administrative Record filed by USA, [40] MOTION for Judgment on the Administrative Record After Remand filed by PIETRO SCARSELLI, [24] MOTION for Judgment on the Administrative Record filed by PIETRO SCARSELLI. Denying [24] Motion for Judgment on the Administrative Record; Denying [40] Motion for Judgment on the Administrative Record; Granting [43] Cross-Motion for Judgment on the Administrative Record. The Clerk is directed to enter judgment. Signed by Judge David A. Tapp. (emc) Service on parties made.

20-356 • ACTA, LLC v. USA

Filed 04/02/2020
UNREPORTED ORDER on MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by ACTA, LLC. Signed by Senior Judge Victor J. Wolski. (jad) Service on parties made.

17-179 • BEBERMAN v. USA

Filed 04/02/2020
UNREPORTED ORDER granting Motion to Stay filed by USA, staying proceedings pending the outcome of plaintiff's appeal of the district court case now before the Third Circuit. The Clerk's Office is directed to STAY this matter until further order of the court. The parties are directed to FILE a joint status report informing the court of the Third Circuit's decision, and proposing an agreed upon schedule for proceeding in this case, within fourteen days of publication thereof. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made.

Keywords: re: Order on Motion to Stay. Motion to Stay. (TQ)

19-611 • BREWINGTON et al v. USA

Filed 04/01/2020
**RE-DOCKETED FOR POSTING TO THE COURT'S WEBSITE** UNREPORTED ORDER granting Motion to Dismiss - Rule 12(b)(1). The Clerk is directed to enter judgment. Signed by Judge Eleni M. Roumel. (srb1) Service on parties made; plaintiffs served via U.S. mail.

19-1142 • SIMMONS v. USA

Filed 03/31/2020
UNREPORTED OPINION granting Motion for Summary Judgment The Clerk is directed to enter judgment. Signed by Chief Judge Margaret M. Sweeney. (ac7) Service on parties made; plaintiff served via U.S. mail. .

Keywords: Pro Se Plaintiff; Tax Refund; Credit for Qualified Adoption Expenses; IRC § 23; RCFC 56; Motion for Summary Judgment.

20-41 • ZAFER TAAHUT, INSAAT VE TICARET A.S. v. USA

Filed 03/30/2020
UNREPORTED ORDER granting Motion to Supplement the Administrative Record; denying [50] Motion to Strike [50] MOTION to Strike Declaration of Deputy Major General Rohling, [45] MOTION to Supplement [34] Administrative Record. Signed by Senior Judge Victor J. Wolski. (bw) Service on parties made.

19-1122 • ADAIR v. USA

Filed 03/26/2020
UNREPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1). The Clerk is directed to enter judgment. Signed by Senior Judge Loren A. Smith. (mr) Service on parties made; plaintiff served via U.S. mail. .

18-1553 • CHAVIS v. USA

Filed 03/26/2020
UNREPORTED OPINION of the court's sealed January 15, 2020 OPINION, ECF No. [22], granting Motion to Dismiss - Rule 12(b)(1). Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made; plaintiff served via U.S. Mail.

Keywords: re: Unreported Opinion. Motion to Dismiss; RCFC 12(b)(1); Lack of Subject Matter Jurisdiction; 26 U.S.C. § 6672 (2012). (TQ)

19-1263 • FUJITA v. USA

Filed 03/25/2020
UNREPORTED OPINION AND ORDER granting on MOTION to Dismiss pursuant to Rule 12(b)(1) filed by USA. The Clerk is directed to enter judgment. Signed by Judge Matthew H. Solomson. (si) Service on parties made; plaintiff served via U.S. mail.

19-1274 • FUJITA v. USA

Filed 03/25/2020
UNREPORTED OPINION AND ORDER granting on MOTION to Dismiss pursuant to Rule 12(b)(1) filed by USA. The Clerk is directed to enter judgment. Signed by Judge Matthew H. Solomson. (si) Service on parties made; plaintiff served via U.S. mail.

16-688 • HORVATH v. USA

Filed 03/25/2020
UNREPORTED OPINION: The Court DENIES the defendant's motion for summary judgment (ECF [44]) and STAYS the plaintiff's motion for class certification (ECF [42]). The parties have 60 days to review their respective records and identify and submit to the Court any other instances, during the years relevant to Mr. Horvaths claim, for which the records indicate that he earned but did not receive § 5542(e) pay. If the Services broader review reflects that Mr. Horvath has received all the overtime pay due to him, the defendant may renew its motion for summary judgment. Until that review is complete, and the defendant determines whether to pursue a renewed motion for summary judgment, the Court will defer a decision on the plaintiffs motion. The parties will file a Joint Status Report by May 26, 2020. Signed by Judge Richard A. Hertling. (ah) Service on parties made.

Keywords: re: Order on Motion to Certify Class,,,, Order on Cross Motion,,,, Unreported Opinion,,, Civilian Pay, Class Action, Summary Judgment, Amended Complaint

19-1765 • HARPER v. USA

Filed 03/24/2020
UNREPORTED OPINION AND ORDER granting Motion to Dismiss - Rule 12(b)(1) and (6); denying [15] Motion for Sanctions. The Clerk is directed to enter judgment. Signed by Judge Matthew H. Solomson. (rp) Service on parties made. Plaintiff served by U.S. Mail.

19-110 • FORREST et al v. USA

Filed 03/24/2020
UNREPORTED OPINION: Granting Motion to Dismiss - Rule 12(b)(1) The Clerk is directed to enter judgment. Signed by Judge David A. Tapp. (vds) Service on parties made. (Plaintiffs served via U.S. Mail.)

19-1785 • HARRISON v. USA

Filed 03/23/2020
UNREPORTED Order granting Motion for Leave to Proceed in forma pauperis; granting [12] Motion to Supplement the Record; granting in part and denying in part [6] Motion to Amend and Motion for Default Judgment; granting [8] Motion to Dismiss. The Clerk is directed to enter judgment. Signed by Judge Eleni M. Roumel. (sh) Service on parties made.(Plaintiff served by US mail) Modified on 3/24/2020 to correct docket text

19-954 • RUCKER v. USA

Filed 03/23/2020
UNREPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1). The clerk's office is directed to enter final judgment for defendant dismissing plaintiff's complaint for lack of subject matter jurisdiction, without prejudice, pursuant to RCFC 12(h)(f). Signed by Judge Patricia E. Campbell-Smith. (jt1) Service on parties made; plaintiff served by U.S. mail.

Keywords: Unreported Opinion, Motion to Dismiss; RCFC 12(b)(1); Lack of Subject-Matter Jurisdiction; RCFC 12(h)(3).

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