USCFC General Jurisdiction-Unreported

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U.S. Court of Federal Claims Opinions
Updated: 1 year 4 days ago

23-784 • BISHOP v. USA

Filed 06/08/2023
UNREPORTED OPINION denying Plaintiff's motion to proceed IFP, denying [6] Plaintiff's request for judgment, and dismissing the case for lack of jurisdiction pursuant to Rule 12(h)(3) of the Rules of this Court. The Clerk of the Court is directed to enter JUDGMENT, dismissing the case for lack of subject-matter jurisdiction. Signed by Judge Matthew H. Solomson. (brl) Service on parties made; plaintiff served via first class mail.

22-1506 • BURGWIN v. USA

Filed 06/08/2023
ORDER OF DISMISSAL: Defendant's Motion to Dismiss plaintiff's complaint is GRANTED. Plaintiff's [1] Complaint is DISMISSED. The Clerk is directed to enter JUDGMENT in favor of the defendant. The Court CERTIFIES pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this Order would not be taken in good faith. Signed by Judge Armando O. Bonilla. (ead) Service on parties made. (Main Document 19 replaced on 6/8/2023 to correct the spelling of plaintiff's name in the case caption.) (dls) Plaintiff served via certified mail 70182290000051839218 on 6/8/23.

18-1070 • HIPPELY et al v. USA

Filed 06/07/2023
UNREPORTED Order. The Clerk is directed to enter partial summary judgment pursuant to RCFC 54(b) in favor of plaintiffs, in accordance with joint stipulation, in the amount of $1,869.09 with an additional interest of $0.16 per day from 1/1/23 through the date of payment. Joint Status Report due by 7/7/2023. Signed by Judge Ryan T. Holte. (eir) Service on parties made.

23-776 • ALLEN v. USA

Filed 06/07/2023
UNREPORTED OPINION DISMISSING CASE. The plaintiff's complaint is dismissed for lack of jurisdiction. The MOTION for Leave to Proceed in forma pauperis filed by JOHN DALE ALLEN is granted for the limited purpose of dismissing the complaint. The Clerk is directed to enter judgment. Signed by Judge Richard A. Hertling. (tbss) Service on parties made.

23-27 • KIMBROUGH v. USA

Filed 06/05/2023
UNREPORTED ORDER: granting Motion for Leave to Proceed in forma pauperis; finding as moot [12] Motion to Dismiss - Rule 12(b)(1) and (6); and directing the Clerk to dismiss the case without prejudice pursuant to RCFC 41(b). Signed by Judge Ryan T. Holte. (eir) Service on parties made.

09-33305 • ADAMS et al v. USA

Filed 06/02/2023
UNREPORTED MEMORANDUM OPINION AND ORDER granting Defendant's Motion to Dismiss the Complaints of Robert M. Benzies and Ernest W. Henderson pursuant to Rule 12(b)(1). The Complaints of Mr. Benzies and Mr. Henderson are dismissed. The Clerk is directed to enter judgment pursuant to Rule 54(b). Signed by Judge Thompson M. Dietz. (brs) Service on parties made. (Main Document 59 replaced on 6/7/2023 to correct the case no. for Koopmann in footnote 1. ) (dls) Plaintiffs Halstead, Rader & McClure served via first class mail on 06.07.2023 (cam). Modified on 6/7/2023

09-33305 • ADAMS et al v. USA

Filed 06/02/2023
UNREPORTED MEMORANDUM OPINION AND ORDER granting Defendant's Motion to Dismiss the Complaints of 38 Plaintiffs that retired in 2002 pursuant to Rule 12(b)(1). The complaints of Charles M. Adams; James R. Allen; Louis C. Atkins; William C. Barham; Clifford K. Barnes; Donald A. Blanchard; George M. Bleyle (on behalf of George A. Bleyle, Jr.); Curtis E. Calhoun; Martha L. Christiansen (on behalf of Carl R. Christiansen); Constance C. Church (on behalf of Stephen H. Church); George E. Cline; John M. Corradi; Frederick C. Dubinsky; David J. Fahrenback; Michael W. Fitch; Peter H. Friedman; Wayne E. Gate; Milton F. Gray; Carol A. Halstead (on behalf of Jay A. Halstead); James L. Holbrook; Carl G. Householder; Robert T. Hughes; Philip E. Jach; Arthur C. Jackson; Patrick F. Keeley; Michael J. McBride; Lawrence J. McClure; Thomas B. Mezger, Jr.; Joe C. Minick; Molly L. McGrew (on behalf of Richard W. Mitchell); Clarence A. Mumford; Judy A. ODaniel (on behalf of Samuel C. ODaniel); Darrell A. Rader; Michael D. Reich; David L. Ringwalt, Jr.; Michael J. Severson; Robert Stabile; and Richard E. Swanson are dismissed. The Clerk is directed to enter judgment and close this case. Signed by Judge Thompson M. Dietz. (brs) Service on parties made. Carol A. Halstead, served via first class mail 6/5/2023. (ac7). (Main Document 60 replaced on 6/7/2023 to correct the case no. for Koopmann in footnote 1. ) (dls) Plaintiffs Halstead, Rader & McClure served via first class mail on 06.07.2023 (cam). Modified on 6/7/2023

09-33304 • ALLEN et al

Filed 05/31/2023
UNREPORTED MEMORANDUM OPINION AND ORDER granting Defendant's Motion to Dismiss the Complaint of Philip R. Simon pursuant to Rule 12(b)(1). Mr. Simon's complaint is dismissed and, pursuant to Rule 54(b), the Clerk is directed to enter judgment. Signed by Judge Thompson M. Dietz. (brs) Service on parties made. (Main Document 28 replaced on 6/7/2023 to correct the case no. for Koopmann in footnote 1.) (dls) Plaintiffs Johnson & Gareffa served via first class mail on 06.07.2023 (cam). Modified on 6/7/2023

09-33304 • ALLEN et al

Filed 05/31/2023
UNREPORTED MEMORANDUM OPINION AND ORDER granting Defendant's Motion to Dismiss the Complaints of Wayne E. Allen; Joseph E. Armstead; Lawrence C. Becker; Joseph J. Gareffa; Barry N. Hamley; William P. Hanson; George W. Johnson; Bob T. Olsen; John C. Rains; Edward N. Ripper; John E. Stout; Charles F. Thom, II; and Victor F. Wertheimer, Jr. pursuant to Rule 12(b)(1). The Complaints of Messrs. Allen, Armstead, Becker, Gareffa, Hamley, Hanson, Johnson, Olsen, Rains, Ripper, Stout, Thom, and Wertheimer are dismissed. The Clerk is directed to enter judgment and close this case. Signed by Judge Thompson M. Dietz. (brs) Service on parties made. Plaintiff served via first class mail on 05.31.2023 (mjk). Modified on 5/31/2023 (mjk). (Main Document 29 replaced on 6/7/2023 to correct the case no. for Koopmann in footnote 1. ) (dls) Plaintiffs Johnson & Gareffa served via first class mail on 06.07.2023 (cam). Modified on 6/7/2023

23-425 • KENNELLY v. USA

Filed 05/25/2023
UNREPORTED ORDER granting plaintiff's Unopposed Motion to Transfer. The Clerk is directed to transfer this case to the United States District Court for the Eastern District of Virginia, Richmond Division. The Clerk is further directed to close this case upon transfer of the matter to the United States District Court for the Eastern District of Virginia, Richmond Division. Signed by Judge Ryan T. Holte. (sav) Service on parties made.

23-28 • PERCIPIENT.AI, INC. v. USA

Filed 05/19/2023
UNREPORTED OPINION. Signed by Senior Judge Eric G. Bruggink. (rco) Service on parties made.

23-231 • BING v. USA

Filed 05/19/2023
UNREPORTED OPINION DISMISSING CASE granting defendant's MOTION to Dismiss pursuant to Rule 12(b)(1). The Clerk is directed to enter judgment. Signed by Senior Judge Charles F. Lettow. (eah) (Main Document 13 replaced on 5/22/2023 to correct the spelling of plaintiff's name.)

17-163 • ABALOS et al v. USA

Filed 05/19/2023
ORDER denying Plaintiffs' motion to compel, impose sanctions, and award attorneys' fees. After further consideration, the Court orders Plaintiffs' counsel to SHOW CAUSE why, pursuant to RCFC 37, they should not pay the government's attorneys' fees and costs. Plaintiffs' response brief shall be filed on or before June 18, 2023, in the manner detailed in the Court's order. Also, on or before June 18, 2023, the parties shall file a joint status report regarding whether they have reached a compromise on the number of supervisors subject to document discovery at this stage of the case, in a manner consistent with the Court's order. Signed by Judge Matthew H. Solomson. (brl) Service on parties made.

22-46 • ARMSTRONG v. USA

Filed 05/16/2023
UNREPORTED ORDER. The government's Proposed Schedule due by 5/30/2023. Plaintiff's Response due by 6/13/2023. Signed by Judge Ryan T. Holte. (eir) Service on parties made.

22-1711 • GREENE v. USA

Filed 05/15/2023
UNREPORTED OPINION AND ORDER DISMISSING CASE: granting Motion to Dismiss - Rule 12(b)(1) filed by USA; denying as moot [13] Motion for Leave to File New Litigation filed by CEDRIC GREENE; denying as moot [15] Motion for Clarification filed by CEDRIC GREENE; granting [2] Motion for Leave to Proceed in forma pauperis filed by CEDRIC GREENE; filing by my leave Plaintiff's Reply in support of his Motion for Leave, received on 2/17/2023, and his Request for Judicial Notice received on 3/17/2023, but are denied to the extent they request any relief. The Clerk is directed to enter judgment. Signed by Judge Stephen S. Schwartz. (cmc) Service on parties made; plaintiff served via first class mail.

22-1603 • SCOTT v. USA

Filed 05/15/2023
UNREPORTED OPINION AND ORDER DISMISSING CASE: granting Motion to Dismiss - Rule 12(b)(1) filed by USA; denying [9] Cross Motion For Leave to Amend Complaint filed by TOMMY WESLEY SCOTT; granting [2] Motion for Leave to Proceed in forma pauperis filed by TOMMY WESLEY SCOTT; denying Mr. Scott's request for appointment of counsel. The Clerk is directed to enter judgment. Signed by Judge Stephen S. Schwartz. (cmc) Service on parties made; plaintiff served via first class mail.

19-353 • ELECTRICAL WELFARE TRUST FUND et al v. USA

Filed 05/12/2023
ORDER DIRECTING ENTRY OF JUDGMENT PURSUANT TO RULE 54(b), directing the Clerk of Court to enter partial Judgment in favor of the 357 Exaction Class Plaintiffs in the total amount of $185,230,024.42 in damages, to be distributed as set forth in the attached exhibit. Signed by Judge Eleni M. Roumel. (lb) Service on parties made.

23-330 • PIEDMONT PROPULSION SYSTEMS, LLC v. USA

Filed 05/12/2023
UNREPORTED OPINION denying MOTION to Remand And Stay filed by USA. Signed by Judge Zachary N. Somers. (mpo) Service on parties made.

22-1346 • SWANSON v. USA

Filed 05/12/2023
UNREPORTED OPINION granting Motion for Leave to Proceed in forma pauperis filed by GARY L. SWANSON; granting [10] Motion to Dismiss - Rule 12(b)(1) and (6) filed by USA; construing [11] Motion to Strike filed by GARY L. SWANSON as an Opposition to the Motion to Dismiss. To the extent it seeks any relief, it is Denied; denying [16] Motion for Special Master filed by GARY L. SWANSON; Plaintiff's Notice of Protest received by the Court on May 2, 2023 is Filed By My Leave, but is Denied to the extent it requests any relief. Plaintiff has leave to file an Amended Complaint no later than 6/12/2023. Signed by Judge Stephen S. Schwartz. (cmc) Service on parties made.

22-1887 • BAQLEH v. USA

Filed 05/09/2023
UNREPORTED ORDER denying Second MOTION for Transfer to an Appropriate District Court. Signed by Judge Edward H. Meyers. (mjd) Service on parties made.

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