USCFC General Jurisdiction-Reported

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16-1001 • SENECA SAWMILL COMPANY v. USA

Filed 07/02/2020
REPORTED OPINION granting in part and denying in part Motion for Summary Judgment. Status Report due by 8/3/2020. Signed by Judge Elaine D. Kaplan. (arlr) Service on parties made.

17-835 • A SQUARED JOINT VENTURE v. USA

Filed 07/01/2020
REPORTED OPINION denying Motion for Attorney Fees and Bid Preparation and Proposal Costs. The Clerk is directed to enter judgment. Signed by Senior Judge Nancy B. Firestone. (lb) Service on parties made.

Keywords re: Order on Motion for Attorney Fees, Reported Opinion: Bid Preparation and Proposal Costs; Causation; Equal Access to Justice Act; Prevailing Party

17-1392 • DEJONG v. USA

Filed 07/01/2020
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1); finding as moot [22] Motion for Summary Judgment. The Clerk is directed to enter judgment. Signed by Senior Judge Loren A. Smith. (kn) Service on parties made.

Keywords: Fifth Amendment Takings Claim; RCFC 12(b)(1); Motion to Dismiss; RCFC 56; Motion for Summary Judgment; Tucker Act; 28 U.S.C. § 1491; Stabilization Doctrine; Statute of Limitations; 28 U.S.C. § 2501; Time-Barred. Re: Order on Motion to Dismiss - Rule 12(b)(1), Order on Motion for Summary Judgment, Reported Opinion.

19-1795 • SHELL OIL COMPANY et al v. USA

Filed 06/29/2020
REPORTED OPINION granting in part and denying in part Motion for Summary Judgment; granting in part and denying in part [12] Motion to Dismiss - Rule 12(b)(1) and (6). The Clerk is directed to enter judgment. Signed by Senior Judge Charles F. Lettow.

Keywords re Reported Opinion: Suit for recovery of charges in the form of environmental remediation costs incurred as a result of avgas contracts entered in the 1940s; res judicata; partial breach; Restatement (Second) of Contracts § 243; application of the Contract Settlement Act and the savings clause of Pub. L. No. 111-350.

13-466 • CACCIAPALLE et al v. USA

Filed 06/26/2020
REPORTED OPINION finding as moot Motion to Certify Class; granting [76] Motion to Dismiss - Rule 12(b)(1) and (6). The Clerk is directed to enter judgment. Signed by Chief Judge Margaret M. Sweeney. (jb2) Service on parties made.

Keywords: re: Reported Opinion: Motion to Dismiss; RCFC 12(b)(1); RCFC 12(b)(6); Jurisdiction; Standing; Direct Claims; Instrumentalities; Coercion; Agent; Conservators; Conflict of Interest; Stock; Shareholders; Judicial Taking; Privity of Contract; Fannie; Freddie; FHFA

19-1115 • TECHNOLOGY INNOVATION ALLIANCE LLC v. USA

Filed 06/25/2020
PUBLIC OPINION [154]. Signed by Judge Elaine D. Kaplan. (feb) Service on parties made.

19-1831 • BONDYOPADHYAY v. USA

Filed 06/23/2020
REPORTED OPINION granting Motion to Dismiss. The Clerk is directed to enter judgment. Signed by Senior Judge Marian Blank Horn. (dl1) Service on parties made; plaintiff served via U.S. mail.

Keywords: re: Pro Se; Patent Infringement; Res Judicata; Fifth Amendment Taking; Fraud; Statute of Limitations. Order on Motion to Dismiss, Reported Opinion.

14-513 • THALES VISIONIX, INC. v. USA

Filed 06/23/2020
REPORTED ORDER. Unsealed version of 143: order granting in part and denying in part 108 Motion to Compel. Signed by Judge Ryan T. Holte. (nb7) Service on parties made.

Keywords: re: Reported Order: Order on Motion to Compel; Patent Infringement; Motion to Compel Production of Source Code; RCFC 26(b)(1).

16-912 • LOVERIDGE et al v. USA

Filed 06/22/2020
REPORTED OPINION DENYING Partial Summary Judgment Motion on Adjacency Issues filed by Plaintiffs; GRANTING [107] Cross Motion and Response on Adjacency Issues filed by USA; DENYING [94] Motion for Partial Summary Judgment on Compensation of Easements Limited to Railroad Purposes filed by USA; GRANTING [91] Motion for Partial Summary Judgment on Parcels With No Identified Conveyance Deed filed by Plaintiffs. USA's Response to Motion on Abandonment [ECF No. 115] Due July 13, 2020. Signed by Senior Judge Nancy B. Firestone.

Keywords: re: Order on Motions for Partial Summary Judgment; Rails-to-Trails; Oregon Law; Abandonment; Adjacency; Centerline Presumption; Valuation Maps; Condemnation; Registrar of Title.

19-1797 • PERRY v. USA

Filed 06/17/2020
REPORTED OPINION and ORDER granting Motion to Dismiss - Rule 12(b)(1) and (6), and the Complaint hereby is dismissed for lack of jurisdiction and for failure to state a claim, pursuant to RCFC 12(b)(1) and 12(b)(6), respectively. The Clerk is directed to enter judgment and to reject any of plaintiff's further submissions in this action, unless such filings comply with the Court's rules regarding post-dismissal submissions. Signed by Judge Matthew H. Solomson. (si) Service on parties made. Modified docket text language on 6/18/2020 (ead). Modified on 6/18/2020 to add language re: accepting no further filings.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1) and (6). RCFC 12(b)(1); RCFC 12(b)(6); Tucker Act claims; illegal exaction claims; money-mandating claims; takings claims; implied-in-law contract claims; patent claims, 28 U.S.C. § 1498(a); 35 U.S.C. § 122(a); RCFC 41(b); frivolous complaint and filings, 28 U.S.C. § 1915(e)(2)(B)(i).

20-144 • MCCASKILL v. USA

Filed 06/15/2020
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1); denying as moot [2] Motion for Leave to Proceed in forma pauperis. The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler. (nc) Service on parties made.

Keywords re: Order on Motion to Dismiss - Rule 12(b)(1), Order on Motion for Leave to Proceed in forma pauperis, Reported Opinion: RCFC 12(b)(1); Motion to Dismiss; Subject-Matter Jurisdiction; Tucker Act Jurisdiction; Money-Mandating Source of Law.

14-152 • REID et al v. USA

Filed 06/11/2020
REPORTED ORDER granting Motion to Certify Interlocutory Appeal; granting [62] Motion for Leave to File Amicus Brief. By no later than 14 days after the completion of the interlocutory appeal process, the parties shall file a joint status report in which they propose further proceedings. (jb2) Service on parties made.

Keywords: re: Reported Order - Certification of Interlocutory Appeal; 28 U.S.C. § 1292(d)(2). (jb2)Keywords: re: [66] Reported Opinion - Motion to Dismiss; RCFC 12(b)(1); RCFC 12(b)(6); Jurisdiction; Standing; Derivative Claims; Coercion; Agent; Collateral Estoppel; Issue Preclusion; Conservator; Conflict of Interest; Freddie; FHFA; Certification of Interlocutory Appeal.

14-152 • REID et al v. USA

Filed 06/11/2020
REPORTED OPINION reissuing Reported Opinion [60], to certify ruling for interlocutory appeal, pursuant to Reported Order [65]. Signed by Chief Judge Margaret M. Sweeney. (jb2) Service on parties made.

Keywords: re: Reported Order - Certification of Interlocutory Appeal; 28 U.S.C. § 1292(d)(2). (jb2)Keywords: re: [66] Reported Opinion - Motion to Dismiss; RCFC 12(b)(1); RCFC 12(b)(6); Jurisdiction; Standing; Derivative Claims; Coercion; Agent; Collateral Estoppel; Issue Preclusion; Conservator; Conflict of Interest; Freddie; FHFA; Certification of Interlocutory Appeal.

13-608 • FISHER et al v. USA

Filed 06/11/2020
REPORTED ORDER granting Motion to Certify Interlocutory Appeal; granting [76] Motion for Leave to File Amicus Brief. By no later than 14 days after the completion of the interlocutory appeal process, the parties shall file a joint status report in which they propose further proceedings. Signed by Chief Judge Margaret M. Sweeney. (jb2) Service on parties made.

Keywords: re: Reported Order - Certification of Interlocutory Appeal; 28 U.S.C. § 1292(d)(2). (jb2)Keywords: re: [80] Reported Opinion - Motion to Dismiss; RCFC 12(b)(1); RCFC 12(b)(6); Jurisdiction; Standing; Derivative Claims; Coercion; Agent; Collateral Estoppel; Issue Preclusion; Conservator; Conflict of Interest; Fannie; FHFA; Certification of Interlocutory Appeal.

13-608 • FISHER et al v. USA

Filed 06/11/2020
REPORTED OPINION reissuing Reported Opinion [74], to certify ruling for interlocutory appeal, pursuant to Reported Order [79]. Signed by Chief Judge Margaret M. Sweeney. (jb2) Service on parties made.

Keywords: re: Reported Order - Certification of Interlocutory Appeal; 28 U.S.C. § 1292(d)(2). (jb2)Keywords: re: [80] Reported Opinion - Motion to Dismiss; RCFC 12(b)(1); RCFC 12(b)(6); Jurisdiction; Standing; Derivative Claims; Coercion; Agent; Collateral Estoppel; Issue Preclusion; Conservator; Conflict of Interest; Fannie; FHFA; Certification of Interlocutory Appeal.

18-34 • HEALTHESTATE, LLC v. USA

Filed 06/10/2020
REPORTED ORDER reissuing REPORTED OPINION and ORDER following order granting [56] MOTION to Certify Interlocutory Appeal. Signed by Judge David A. Tapp. (jm) Service on parties made.

Keywords: re: Reported Order: Motion to Dismiss, RCFC 12(b)(1), Subject Matter Jurisdiction, 28 U.S.C. § 1500, Government Proxy, Res Judicata, Copyright Infringement, Pending Claims, United States v. Tohono OOdham Nation, 563 U.S. 307 (2011), National Cored Forgings Co. v. United States, 132 Ct. Cl. 11 (1955), Davis v. United States, 642 Fed. Appx 982 (Fed. Cir. 2016), UNR Indus., Inc. v. United States, 962 F.2d 1013 (Fed. Cir. 1992); Certification for Interlocutory Appeal

19-1228 • CRAWLEY et al v. USA

Filed 06/10/2020
REPORTED OPINION granting Defendant's Motion to Dismiss - Rule 12(b)(1) as to Count II; granting [8] Defendant's Alternative Motion for Summary Judgment - Rule 56 as to Count I; denying [9] Plaintiffs' cross-motion for summary judgment. The Clerk is directed to enter judgment. Signed by Judge Elaine D. Kaplan. (feb) Service on parties made.

Keywords re Reported Opinion: Breach of Contract; Drug Enforcement Administration; Relocation Pay; 5 C.F.R. § 575.201; 5 C.F.R. § 575.209; Authority.

19-923 • KING v. USA

Filed 06/10/2020
REPORTED OPINION denying Motion for Judgment on the Administrative Record (AR); denying [11] Motion to produce a separate AR; granting [15] Cross-Motion for Judgment on the AR. The Clerk is directed to enter final judgment DISMISSING plaintiff's complaint with prejudice. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made.

Keywords: re: Reported Opinion on Motion for Judgment on the Admin. Record, Motion for Miscellaneous Relief, Cross Motion [Dispositive]; RCFC 52.1; Correction of Military Records; Combat-Related Special Compensation. (TQ)

18-371 • CSS, LLC v. USA

Filed 06/08/2020
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1) and (6). The Clerk is directed to enter judgment. Signed by Chief Judge Margaret M. Sweeney. (jb2) Service on parties made.

Keywords: re: Motion to Dismiss; RCFC 12(b)(1); RCFC 12(b)(6); Jurisdiction; Standing; Direct Claims; Instrumentalities; Coercion; Agent; Conservators; Conflict of Interest; Third-Party Beneficiaries; Stock; Shareholders; Fannie; Freddie; FHFA.

18-369 • AKANTHOS OPPORTUNITY FUND, L.P. v. USA

Filed 06/08/2020
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1) and (6). The Clerk is directed to enter judgment. Signed by Chief Judge Margaret M. Sweeney. (jb2) Service on parties made.

Keywords: re: Motion to Dismiss; RCFC 12(b)(1); RCFC 12(b)(6); Jurisdiction; Standing; Direct Claims; Instrumentalities; Coercion; Agent; Conservators; Conflict of Interest; Third-Party Beneficiaries; Stock; Shareholders; Fannie; Freddie; FHFA.

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