USCFC General Jurisdiction-Unreported

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21-1557 • HATHCOCK v. USA

Filed 19 hours 24 min ago
UNREPORTED OPINION granting Defendant's Motion to Dismiss pursuant to RCFC 12(b)(1); granting [2] Motion for Leave to Proceed in forma pauperis. The Clerk is directed to enter judgment. Signed by Chief Judge Elaine D. Kaplan. (tjd) ServiceUNREPORTED OPINION granting [8] Defendant's Motion to Dismiss pursuant to RCFC 12(b)(1); granting [2] Motion for Leave to Proceed in forma pauperis. The Clerk is directed to enter judgment. Signed by Chief Judge Elaine D. Kaplan. (tjd) Service on parties made. on parties made.

21-2186 • ITILITY, LLC v. USA

Filed 11/30/2021
UNREPORTED ORDER: Returning the complaint to the Clerk's office for random assignment from the bid protest "wheel" pursuant to Rule 40.2(a)(4)(A). Signed by Judge Matthew H. Solomson. (jmt) Service on parties made.

21-1596 • WHITE v. USA

Filed 11/23/2021
UNREPORTED OPINION Reissued, redacted public opinion of the Court's sealed Opinion and Order of October 28, 2021. Signed by Judge Richard A. Hertling. (agg) Service on parties made. Modified on 11/23/2021 - Plaintiff served via U.S. mail. (hw1). Modified on 11/29/2021 by replacing main document with corrected case number

19-1761 • DE LA CRUZ JIMENEZ v. USA

Filed 11/18/2021
UNREPORTED OPINION. granting in part and denying in part Motion to Dismiss - Rule 12(b)(1) and (6) The Clerk is directed to enter judgment. Signed by Senior Judge Victor J. Wolski. (bpd) Service on parties made; plaintiff served via U.S. mail.

13-396 • BARLOW et al v. USA

Filed 11/16/2021
UNREPORTED MEMORANDUM OPINION AND ORDER approving the parties' settlement agreement. The Clerk is directed to enter judgment pursuant to RCFC 54(b) in the total amount of $27,494.10. Signed by Judge Zachary N. Somers. (ab) Service on parties made.

21-1073 • CHISUM v. USA

Filed 11/05/2021
UNREPORTED OPINION: granting Motion to Dismiss - Rule 12(b)(1); denying as moot [9] Motion for Summary Judgment; denying as moot [10] Motion for Leave to File Out of Time; denying [16] Motion to change venue; denying as moot [18] Motion to Compel. The Clerk is directed to enter judgment. Signed by Judge Ryan T. Holte. (mrm) Service on parties made; plaintiff served via U.S. mail.

21-922 • MOHN v. USA

Filed 11/04/2021
UNREPORTED Opinion and Order granting Motion for Leave to Proceed in forma pauperis; granting [20] Motion to Dismiss - Rule 12(b)(1); granting [20] Motion to Dismiss - Rule 12(b)(6); finding as moot [25] Motion for Summary Judgment. The ClerkUNREPORTED Opinion and Order granting [8] Motion for Leave to Proceed in forma pauperis; granting [20] Motion to Dismiss - Rule 12(b)(1); granting [20] Motion to Dismiss - Rule 12(b)(6); finding as moot [25] Motion for Summary Judgment. The Clerk is directed to enter judgment. Further, the Clerk is directed to not accept any future complaints filed by Mr. Ayinde Mohn unless filed by leave of the Chief Judge of this Court. Signed by Judge Edward H. Meyers. ( is directed to enter judgment. Further, the Clerk is directed to not accept any future complaints filed by Mr. Ayinde Mohn unless filed by leave of the Chief Judge of this Court. Signed by Judge Edward H. Meyers. (tfc) Service on parties made. Modified on 11/4/2021 replacing main document with corrected document (ead).tfc) Service on parties made. Modified on 11/4/2021 replacing main document with corrected document

21-1658 • LEVEEN v. USA

Filed 10/29/2021
UNREPORTED OPINION and ORDER granting Motion to Dismiss - Rule 12(b)(1) and (6). The Clerk is directed to enter judgment. Signed by Senior Judge Charles F. Lettow.

21-1665 • GRACE COMMUNITY CHURCH OF THE VALLEY v. USA

Filed 10/29/2021
Order of Dismissal; granting Motion for Leave to Proceed in forma pauperis. The Clerk is directed to enter judgment. Signed by Chief Judge Elaine D. Kaplan. (tjd) Service on parties made.

21-1779 • CAMERON v. USA

Filed 10/28/2021
UNREPORTED Order. Plaintiff's application to proceed in forma pauperis, Motion for Appointment of Counsel, and Motion to Stop Kidnap/Murder Conspiracy, interpreted as a motion for summary judgment, received by the Court on 9/27/2021 and Plaintiff's Response to 9/20/2021 Order Directing Filing Fee received by the Court on 10/25/2021 shall be filed by my leave. Denying Plaintiff's application to proceed in forma pauperis; to the extent Plaintiff's Response to the Court's Order requests relief it is denied; and denying as moot the remaining motions; denying as moot Motion to Dismiss - Rule 12(b)(1). The case is DISMISSED. The Clerk is directed to enter judgment. Signed by Judge Stephen S. Schwartz. (cmc) Service on parties made; plaintiff served via U.S. mail.

19-1888 • BANKS v. USA

Filed 10/28/2021
**REDOCKTED FOR POSTING TO THE COURT'S WEBSITE**UNREPORTED OPINION AND ORDER denying Motion to Refer Case to Mediation; granting in part and denying in part [20] Motion to Dismiss - Rule 12(b)(6); denying [22] Cross Motion; denying [25] Motion to Supplement the Administrative Record. This matter is remanded to the Board for Correction of Naval Records. The Court will retain jurisdiction over the case during the remand proceedings and STAYS proceedings in this case during the remand.. Signed by Judge Edward H. Meyers. (ead) Service on parties made.

18-34 • HEALTHESTATE, LLC v. USA

Filed 10/27/2021
UNREPORTED OPINION (Reissued for Publication of October 7, 2021 Opinion and Order). Signed by Judge Kathryn C. Davis. (beg) Service on parties made.

20-1520 • HORTON v. USA

Filed 10/27/2021
**CORRECTED** UNREPORTED OPINION Granting Motion for Summary Judgment. The Clerk is directed to enter judgment. Signed by Judge David A. Tapp. (jm) Service on parties made. (Main Document 25 replaced on 11/3/2021) (ew). Modified on 11/3/2021 to correct typo.

09-33309 • ADAMS et al v. USA

Filed 10/21/2021
UNREPORTED OPINION granting-in-part and denying-in-part Defendant's motion to dismiss thirty-four (34) plaintiffs pursuant to Rule 41(b). Twenty-nine (29) plaintiffs are dismissed with prejudice. The Clerk is directed to enter judgment against these twenty-nine (29) plaintiffs pursuant to RCFC 54(b). The Clerk shall close Adams, et al. v United States, 09-33309, upon entry of judgment. The Clerk is directed to move Judy A. O'Daniel (for Samuel C. O'Daniel); Kenneth N. Page; Phillip R. Simon; Carol A. Halstead (for Jay A. Halstead); James B. Morehead from Adams, et al. v. United States, 09-33309, to Barnes, et al. v. United States, 09-33308. Defendant shall supplement these five (5) individual plaintiff's information and file a status report in Barnes, et al. v. United States, 09-33308, no later than 11/22/2021. Signed by Judge Thompson M. Dietz. (brs) Service on parties made; Plaintiffs Carol A. Halstead, Fred A. Gumpert, James B. Morehead, James D. Marshall, Jerry D. Hathaway, John R. Linderman and Martin A. Kee served via U.S. mail.

Keywords: re: Unreported Opinion; Pro Se; RCFC 41(b).

16-1355 • SAGE ACQUISITIONS, LLC v. USA

Filed 10/21/2021
UNREPORTED Order The Clerk is directed to enter judgment. Signed by Senior Judge Victor J. Wolski. (bpd) Service on parties made.

21-1343 • VAN KUSH et al v. USA

Filed 10/21/2021
UNREPORTED ORDER: Granting MOTION for Leave to Proceed in forma pauperis filed by RYAN SASHA-SHAI VAN KUSH, Granting [3] MOTION for Leave to Proceed in forma pauperis filed by KALI VAN KUSH, Denying as Moot [10] GOVERNMENT'S Corrected MOTION to Dismiss. The Clerk is directed to Dismiss the case without prejudice pursuant to RCFC 41(b). Signed by Judge Ryan T. Holte. (ehb) Service on parties made; plaintiffs served via U.S. mail.

21-2021 • SHUDA v. USA

Filed 10/20/2021
UNREPORTED Order of Dismissal. The Clerk is directed to enter final judgment DISMISSING plaintiff's complaint for lack of subject matter jurisdiction, without prejudice, pursuant to RCFC 12(h)(3). Additionally, the clerk's office is directed to RETURN any future filings not in compliance with this court's rules to plaintiff, UNFILED, without further order of the court. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made; plaintiff served via U.S. mail to address on docket and to P.O. Box 558, Kitittas, WA 98934.

Keywords: re: Unreported Order of Dismissal; Pro Se Complaint; Sua Sponte Dismissal for Want of Jurisdiction; RCFC 12(h)(3). (TQ)

20-682 • LOWRY v. USA

Filed 10/19/2021
UNREPORTED OPINION granting in part and denying in part Motion for Reconsideration re [27] Opinion and Order on Plaintiff's Motion for Judgment on the Administrative Record. Remand proceedings shall be completed within 120 days of this Order. Signed by Chief Judge Elaine D. Kaplan. (tjd) Service on parties made. (Main Document 39 replaced on 10/20/2021 to modify the last paragraph.)

20-1535 • SAM RAYBURN MUNICIPAL POWER AGENCY v. USA

Filed 10/19/2021
UNREPORTED OPINION granting MOTION for Leave to File Supplemental Opposition to the Motion to Dismiss, and denying [13] MOTION to Dismiss pursuant to Rules 12(b)(1) and 12(b)(6). Joint Status Report due by 11/2/2021. Signed by Judge Ryan T. Holte. (ehb) Service on parties made.

Keywords: re: Unreported Opinion and Order. RCFC 12(b)(1); Subject-Matter Jurisdiction; RCFC 12(b)(6); Failure to State a Claim; Motion to Dismiss; Breach of Contract; Monetary Damages; Remedy.

21-1295 • ALJINDI v. USA

Filed 10/15/2021
UNREPORTED OPINION and ORDER granting Defendant's Motion to Dismiss - Rule 12(b)(1) and (6); denying [10] Plaintiff's Motion for Summary Judgment; granting [2] Plaintiff's Motion for Leave to Proceed in forma pauperis. The Clerk is directed to enter judgment. Signed by Judge Stephen S. Schwartz. (cmc) Service on parties made.

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