USCFC General Jurisdiction-Reported

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20-1460 • EL BEY v. USA

Filed 03/26/2021
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(6); denying [14] Motion for Default Judgment. The Clerk is directed to enter judgment. Signed by Judge Thompson M. Dietz. (tgd) Service on parties made; plaintiff served via U.S. mail.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(6), Order on Motion for Default Judgment, Pro se, Failure to State a Claim, Copyright Infringement

17-540 • MELSON v. USA

Filed 03/25/2021
REPORTED OPINION AND ORDER denying MOTION to Dismiss - Rule 12(b)(1); Joint Status Report due by 4/29/2021). Signed by Judge Edward H. Meyers. (pyk) Service on parties made. Modified docket text on 3/25/2021

19-471 • ATS FORD DRIVE INVESTMENT, LLC et al

Filed 03/23/2021
REPORTED OPINION denying Motion for Partial Summary Judgment, and granting in part and denying in part [65] Cross-Motion for Partial Summary Judgment. Updated Notice identifying plaintiffs in Group 1 and Group 3 due by 4/6/2021. Joint Status Report regarding proceedings for Group 3 and Pressly claim 72 due by 4/6/2021. Signed by Senior Judge Margaret M. Sweeney. (kb1)

Keywords: re: Order on Motion for Partial Summary Judgment,, Order on Cross Motion [Dispositive],, Reported Opinion, -- Trails Act; Indiana Law; Property Interest Conveyed via Release Executed Pursuant to Railroad Companys Legislative Charter; Fee Simple Versus Easement; Cross-Motions for Summary Judgment; Request to Certify Questions to the Indiana Supreme Court; Indiana Supreme Courts Adherence to Its Prior Rulings

16-1545 • PENNA et al v. USA

Filed 03/23/2021
REPORTED OPINION: The government's RCFC 52(c) motion for judgment on partial findings is GRANTED. Additionally, the Court sanctions Plaintiffs' counsel for discovery violations. The government and Plaintiffs' counsel shall endeavor to stipulate to the awarded costs, expenses, attorney's fees, and a payment schedule (if warranted), and, if they so agree, shall file a joint statement listing the amount of such items with the court no later than 4/6/2021. In the event that the government and Plaintiffs' counsel are unable to agree, the government shall file with the court a bill of their costs, expenses, and attorney's fees, together with any necessary explanation or supporting documentation, on or before 4/9/2021. Plaintiffs' counsel shall then file his response no later than 4/23/2021. Following a determination of fees, costs, and expenses, an appropriate order will be entered in this matter, instructing the Clerk to enter judgment for defendant, the United States. Signed by Judge Matthew H. Solomson. (rag) Service on parties made. Modified font of text on 3/23/2021

19-400 • BRADLEY et al v. USA

Filed 03/23/2021
REPORTED OPINION denying Motion for Partial Summary Judgment, and granting in part and denying in part [60] Cross-Motion for Partial Summary Judgment. Updated Notice identifying plaintiffs in Group 1 and Group 3 due by 4/6/2021. Joint Status Report regarding proceedings for Group 3 and Pressly claim 72 due by 4/6/2021. Signed by Senior Judge Margaret M. Sweeney. (kb1)

Keywords: re: Order on Motion for Partial Summary Judgment,, Order on Cross Motion [Dispositive],, Reported Opinion, -- Trails Act; Indiana Law; Property Interest Conveyed via Release Executed Pursuant to Railroad Companys Legislative Charter; Fee Simple Versus Easement; Cross-Motions for Summary Judgment; Request to Certify Questions to the Indiana Supreme Court; Indiana Supreme Courts Adherence to Its Prior Rulings

18-1964 • PRESSLY et al v. USA

Filed 03/23/2021
REPORTED OPINION denying Motion for Partial Summary Judgment, and granting in part and denying in part [54] Cross-Motion for Partial Summary Judgment. Updated Notice identifying plaintiffs in Group 1 and Group 3 due by 4/6/2021. Joint Status Report regarding proceedings for Group 3 and Pressly claim 72 due by 4/6/2021. Signed by Senior Judge Margaret M. Sweeney. (kb1)

Keywords: re: Order on Motion for Partial Summary Judgment,, Order on Cross Motion [Dispositive],, Reported Opinion, -- Trails Act; Indiana Law; Property Interest Conveyed via Release Executed Pursuant to Railroad Companys Legislative Charter; Fee Simple Versus Easement; Cross-Motions for Summary Judgment; Request to Certify Questions to the Indiana Supreme Court; Indiana Supreme Courts Adherence to Its Prior Rulings

18-1961 • OLDHAM et al v. USA

Filed 03/23/2021
REPORTED OPINION denying Motion for Partial Summary Judgment, and granting in part and denying in part [42] Cross-Motion for Partial Summary Judgment. Updated Notice identifying plaintiffs in Group 1 and Group 3 due by 4/6/2021. Joint Status Report regarding proceedings for Group 3 and Pressly claim 72 due by 4/6/2021. Signed by Senior Judge Margaret M. Sweeney. (kb1)

Keywords: re: Order on Motion for Partial Summary Judgment,, Order on Cross Motion [Dispositive],, Reported Opinion, -- Trails Act; Indiana Law; Property Interest Conveyed via Release Executed Pursuant to Railroad Companys Legislative Charter; Fee Simple Versus Easement; Cross-Motions for Summary Judgment; Request to Certify Questions to the Indiana Supreme Court; Indiana Supreme Courts Adherence to Its Prior Rulings

20-1173 • STONE

Filed 03/22/2021
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1) and (6); granting [2] Motion for Leave to Proceed in forma pauperis; denying [30] Motion to Add an Addendum. The Clerk is directed to enter judgment. Signed by Judge Thompson M. Dietz. (brs) Service on parties made.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1) and (6), Order on Motion for Leave to Proceed in forma pauperis, Administrative Procedure Act, Privacy Act, False Imprisonment, Personal Injury, Eight Amendment Violation, Order on Motion to Add an Addendum, Reported Opinion.

20-570 • ALLEN v. USA

Filed 03/22/2021
REPORTED OPINION finding as moot Motion to Appoint Counsel; granting [9] Motion to Dismiss - Rule 12(b)(1); granting [2] Motion for Leave to Proceed in forma pauperis. The Clerk is directed to enter judgment.Signed by Judge Thompson M. Dietz. (adb) Service on parties made; plaintiff served via U.S. mail.

Keywords: re: Order on Motion to Appoint Counsel, Order on Motion to Dismiss - Rule 12(b)(1), Order on Motion for Leave to Proceed in forma pauperis, Reported Opinion, Pro Se, Subject-Matter Jurisdiction, Housing Discrimination, Fifth and Fourteenth Amendment Violation Claims

20-1416 • SALIENT FEDERAL - SGIS, INC. v. USA

Filed 03/22/2021
REPORTED OPINION of the court's **SEALED** OPINION denying [29] Motion for Judgment on the Administrative Record; granting [31] Cross Motion for Judgment on the Administrative Record. No redactions were proposed by the parties. see [41]. Thus, the sealed and public versions of this opinion are identical, except for the publication date and footnote 1. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made.

Keywords: re: Reported Opinion; Pre-Award Bid Protest; Motion for Judgment on the Administrative Record; RCFC 52.1; Latent Ambiguity; Disparate Treatment. (TQ)

19-1323 • QUATTRINI et al v. USA

Filed 03/22/2021
REPORTED MEMORANDUM OPINION AND ORDER granting The Government's Motion to Dismiss and dismissing the amended complaint. The Clerk is directed to enter judgment. Signed by Judge Lydia Kay Griggsby. (jw) Service on parties made.

Keywords: Tax Refund Claim; RCFC 12(b)(1); Subject-Matter Jurisdiction; I.R.C. § 6061; I.R.C. § 6065; Signature Verification Requirement; Waiver, re: Reported Memorandum Opinion and Order.

21-778 • SEKRI, INC. v. USA

Filed 03/22/2021
REPORTED OPINION. Reissued public opinion of the Court's March 9, 2021 sealed opinion granting the defendant's motion to dismiss and dismissing the plaintiff's complaint for lack of subject-matter jurisdiction. Signed by Judge Richard A. Hertling. (dhf) Service on parties made.

20-1230 • MORTGAGE CONTRACTING SERVICES, LLC v. USA

Filed 03/18/2021
REPORTED OPINION. Signed by Senior Judge Marian Blank Horn. (jm5) Service on parties made.

20-620 • HUBBARD v. USA

Filed 03/17/2021
REPORTED OPINION on BILL OF COSTS . Opinion denying [35] Motion for Bill of Costs. Signed by Judge David A. Tapp. (emc) Service on parties made.

Keywords: re: Order on Motion for Bill of Costs, Reported Opinion. Bill of Costs; RCFC 54(d)(1); Fee Award; Filing Fees; Prevailing Party.

21-740 • AGMA SECURITY SERVICE, INC. v. USA

Filed 03/16/2021
REPORTED OPINION. Signed by Senior Judge Marian Blank Horn. (jm5) Service on parties made. (Main Document 44 replaced on 4/26/2021 to correct a clerical error.)

20-1815 • 22ND CENTURY TECHNOLOGIES, INC. v. USA

Filed 03/16/2021
REPORTED OPINION of the court's ***SEALED*** February 18, 2021 opinion, ECF No. [33]. The parties' proposed redactions were acceptable to the court, see ECF No. [35]. All redactions are indicated by brackets. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made.

Keywords: re: Reported Opinion; Pre-Award Bid Protest; Motion to Dismiss; RCFC 12(b)(1); Standing; Clarification of Proposals; Motion for Judgment on the Administrative Record; RCFC 52.1. (TQ)

20-1385 • COLONNA'S SHIPYARD, INC. v. USA

Filed 03/11/2021
PUBLIC REPORTED OPINION of the Court's sealed March 4, 2021 amended memorandum opinion. The Court GRANTS the defendant's cross-motion for judgment on the administrative record, DENIES the defendant's motion to dismiss under RCFC 12(b)(1) Count II of the plaintiff's complaint, and DENIES the plaintiff's cross-motion for judgment on the administrative record. Signed by Judge Richard A. Hertling. (naw) Service on parties made.

16-53 • ENGLE v. USA

Filed 03/08/2021
REPORTED OPINION striking Motion for Attorney Fees; striking [13] Motion for Bill of Costs; striking [14] Motion to Supplement Pleadings - Rule 15(d); granting [15] Motion to Strike. (Status Report due by 3/22/2021). Signed by Judge Thompson M. Dietz. (adb) Service on parties made.

Keywords: re: Order on Motion for Attorney Fees; Order on Motion for Bill of Costs; Order on Motion to Supplement Pleadings - Rule 15(d); Order on Motion to Strike; Reported Opinion; Attorney's fees; RCFC 54(d); 28 U.S.C. § 2412(d)(1)(A); Equal Access to Justice Act; Motion to Strike

20-1887 • THE SEVERSON GROUP, LLC v. USA

Filed 03/08/2021
REPORTED OPINION reflecting redactions to opinion and order issued 3/4/2021. Signed by Senior Judge Charles F. Lettow.

Keywords: re: Reported Opinion: Post-award bid protest; priority given to blind persons under the Randolph-Sheppard Act; 20 U.S.C. § 107(a); 34 C.F.R. § 395.33(a); technical evaluation; awardee's representations.

20-1724 • NEWIMAR, S.A. v. USA

Filed 03/04/2021
PUBLIC REPORTED OPINION granting the government's motion to dismiss for lack of jurisdiction. The Clerk is directed to enter judgment. Signed by Chief Judge Elaine D. Kaplan. (arlr) Service on parties made.

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