U.S. Court of Federal Claims Opinions
Updated: 1 year 2 months ago
Filed 03/23/2021
SHOW CAUSE ORDER. The United States is ordered to provide its response to this Order on or before 4/22/2021. Signed by Judge David A. Tapp. (jm) Service on parties made.
Filed 03/22/2021
**RE-DOCKETED FOR POSTING TO THE COURT'S WEBSITE** UNREPORTED ORDER denying 90 Motion pursuant to RCFC 52(b); denying 91 Motion pursuant to RCFC 59(e); denying 92 Motion pursuant to RCFC 60(a); denying 93 Motion pursuant to RCFC 60(b)(2-6); denying 94 Motion pursuant to RCFC 60(d)(3). Signed by Judge Ryan T. Holte. (tb) Service on parties made.
Filed 03/19/2021
UNREPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1). The Clerk is directed to enter judgment. Signed by Judge Ryan T. Holte. (scf) Service on parties made; plaintiff served via U.S. mail.
Filed 03/19/2021
UNREPORTED OPINION AND ORDER. Unsealed public redacted version of [50]: staying plaintiff's MJAR; staying [31] the government's cross-MJAR; staying [21] plaintiff's motion for preliminary injunction and TRO; staying [46] plaintiff's motion for evidentiary hearing and status update; remanding to USPS for complete OCI investigation. Signed by Judge Ryan T. Holte. (tjw) Service on parties made.
Keywords: re: Unreported Order. Organizational Conflict of Interest; USPS SP&Ps; APA Standard of Review; RCFC 52.2; Remand Without Vacatur.
Filed 03/16/2021
UNREPORTED MEMORANDUM OPINION and ORDER denying MOTION to Dismiss pursuant to Rule 12(b)(1) filed by USA. Signed by Judge Kathryn C. Davis. (amc) Service on parties made; plaintiff served via U.S. mail.
Filed 03/12/2021
UNREPORTED MEMORANDUM OPINION and ORDER granting MOTION to Dismiss pursuant to Rules 12 (b)(1) and (6) filed by USA; granting [2] MOTION for Leave to Proceed in forma pauperis filed by CHRISTINA D. THUNDATHIL. The Clerk is directed to enter judgment. Signed by Judge Kathryn C. Davis. (pbf) Service on parties made; plaintiff served via U.S. mail.
Filed 03/08/2021
ORDER granting Motion to Remand and Staying case. Plaintiff shall file his petition before the Army Board for Correction of Military Records by 4/8/2021;Joint Status Report due by 6/8/2021. Signed by Chief Judge Elaine D. Kaplan. (tjd) Service on parties made. Modified font of text on 3/8/2021
Filed 03/05/2021
UNREPORTED MEMORANDUM OPINION and ORDER granting in part and denying in part Motion to Remand. (Notice of Compliance due by 4/5/2021, Status Report due by 5/4/2021.). Signed by Judge Kathryn C. Davis. (beg) Service on parties made.
Filed 03/04/2021
**RE-DOCKETED FOR POSTING TO THE COURT'S WEBSITE.** UNREPORTED ORDER granting [10] MOTION to Dismiss pursuant to Rules 12 (b)(1) and (6) filed by USA. Signed by Senior Judge Charles F. Lettow. (tb) Service on parties made.
Filed 02/26/2021
UNREPORTED OPINION on MOTION to Dismiss pursuant to Rules 12 (b)(1) and (6) filed by USA. Granting [6] Motion to Dismiss pursuant to Rule 12(b)(1). The Clerk is directed to enter judgment. Signed by Judge Zachary N. Somers. (ktm) Service on parties made; plaintiff served via U.S. mail.
Filed 02/24/2021
UNREPORTED OPINION Dismissing Plaintiff's Complaint pursuant to 28 U.S.C. § 1915(e)(2)(B)(i); denying Motion for Leave to Proceed in forma pauperis; denying as moot [12] Motion to Dismiss; denying [13] Motion to Remove Plaintiff. The Clerk is directed to enter judgment. Signed by Judge Elaine D. Kaplan. (tjd) Service on parties made; plaintiff served via U.S. mail.
Filed 02/22/2021
Unreported Opinion dismissing the case for failure to prosecute pursuant to RCFC 41 and, in the alternative, pursuant to RCFC 12(h)(3). The Clerk is directed to enter judgment accordingly. Signed by Judge Matthew H. Solomson. (rag) Service on parties made; plaintiff served via U.S. mail.
Filed 02/19/2021
UNREPORTED MEMORANDUM OPINION and ORDER denying as moot Motion for Leave to Proceed in forma pauperis; denying as moot [8] Motion to Dismiss - Rule 12(b)(1). The Clerk is directed to enter judgment. Signed by Judge Stephen S. Schwartz. (cmc) Service on parties made; plaintiff served via U.S. mail.
Filed 02/19/2021
UNREPORTED OPINION on CROSS MOTION and RESPONSE to [9] Motion to Dismiss - Rule 12(b)(6) filed by USA filed by KEVIN LAMONTE BREWER, [9] MOTION to Dismiss pursuant to Rule 12(b)(6) filed by USA. Granting [9] Motion to Dismiss pursuant to Rule 12(h)(3); denying [10] Cross Motion for a stay. The Clerk is directed to enter judgment. Signed by Judge Zachary N. Somers. (Somers, Zachary) Service on parties made.
Filed 02/19/2021
UNREPORTED ORDER of DISMISSAL granting MOTION for Leave to Proceed in forma pauperis filed by LOUIS DIOR AMIR, denying [8] MOTION to Reassign Case - Rule 40.1(c) filed by LOUIS DIOR AMIR; directing the clerk's office to ENTER final judgment DISMISSING plaintiff's complaint for lack of subject matter jurisdiction, without prejudice, pursuant to RCFC 12(h)(3). Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made; plaintiff served via U.S. mail.
Keywords: re: Unreported Order of Dismissal, Pro Se Complaint; Sua Sponte Dismissal for Want of Jurisdiction; RCFC 12(h)(3); Transfer Not Warranted. (TQ)
Filed 02/09/2021
UNREPORTED Order of Dismissal. The Clerk 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)(3). Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made; plaintiff served via U.S. mail.
Keywords: re: Unreported Order of Dismissal, Pro Se Complaint; Sua Sponte Dismissal for Want of Jurisdiction; RCFC 12(h)(3); Transfer Not Warranted. (TQ)
Filed 02/08/2021
UNREPORTED MEMORANDUM OPINION and ORDER granting MOTION for Leave to Proceed in forma pauperis filed by JOSEPH M. ANGELO, JR.; denied as moot [3] MOTION For Media Evidence Instructions filed by JOSEPH M. ANGELO, JR. The Clerk is directed to enter judgment. Signed by Judge Stephen S. Schwartz. (cmc) Service on parties made; plaintiff served via U.S. mail.
Filed 02/05/2021
UNREPORTED OPINION granting in part and deferring in part Motion to Strike. The defendant's motion to strike the plaintiff's counsel's motion for attorneys' fees under the EAJA is GRANTED. The defendant's motion to strike the bill of costs is DEFERRED.**VACATED PURSUANT TO [91] ORDER FILED ON 2/12/2021**. If the defendant continues to oppose the plaintiff's counsel's bill of costs, it shall file a supplemental memorandum not to exceed ten (10) pages of text by 2/26/2021. In the event the defendant files a supplemental memorandum on the bill of costs, the plaintiff's counsel may file a reply memorandum not to exceed ten (10) pages of text by 3/8/2021. Signed by Judge Richard A. Hertling. (dhf) Service on parties made. Modified font of text on 2/8/2021
Filed 02/04/2021
UNREPORTED MEMORANDUM OPINION AND ORDER granting The Government's Motion to Dismiss; granting [2] Plaintiff's Motion for Leave to Proceed In Forma Pauperis; and Dismissing The Complaint. The Clerk is directed to enter judgment. Signed by Judge Lydia Kay Griggsby. (jw) Service on parties made. Modified on 2/9/2021 - plaintiff requested to also be served via U.S. mail: P.O. Box 8751, Montgomery Village, MD 20886. (hw1).
Keywords: Pro se; RCFC 12(b)(1); Subject-Matter Jurisdiction; Tort Claims; Veterans Benefits; RCFC 12(b)(6); Failure To State A Claim, re: Unreported Memorandum Opinion and Order.
Filed 02/01/2021
UNREPORTED OPINION granting in part and denying in part Intervenors' Motion to Compel; granting [189] Plaintiffs' Motion to Compel. Fact Discovery due by 4/15/2021. Expert disclosures due by 5/14/2021. All discovery shall close on 6/14/2021. Joint Status Report due by 6/28/2021. Signed by Judge Elaine D. Kaplan. (tjd) Service on parties made.
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