USCFC General Jurisdiction-Reported

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21-1899 • HENRIKSON v. USA

Filed 10/31/2022
REPORTED OPINION denying Defendant's Motion to Dismiss and Motion for Judgment on the Administrative Record; granting Plaintiff's Cross-Motion for Judgment on the Administrative Record; remanding the case to the AFBCMR for a period of six months; staying proceedings during the remand period; and directing the parties to file a Joint Status Report by 12/30/22 and every 60 days thereafter during the remand period. Signed by Chief Judge Elaine D. Kaplan. (ap) Service on parties made. Modified on 10/31/2022 to remove language directing the clerk to enter judgment and adding language re: remand and stay of proceedings. (dls). (Main Document 20 replaced on 11/2/2022 to correct the name of the Executive Director for the Board.)

22-1393 • HASHI v. USA

Filed 10/28/2022
ORDER DISMISSING CASE and granting motion to proceed in forma pauperis. The Clerk is directed to ENTER judgment DISMISSING plaintiff's complaint for lack of subject-matter jurisdiction, pursuant to RCFC 12(h)(3). Signed by Judge David A. Tapp. (krm) Service on parties made; plaintiff served via first class mail. (dls) Modified on 10/28/2022 to add languare re: granting motion for ifp.

17-9001 • IN RE UPSTREAM ADDICKS AND BARKER (TEXAS) FLOOD-CONTROL RESERVOIRS v. USA

Filed 10/28/2022
REPORTED OPINION and ORDER on just compensation. The Clerk is directed to enter judgment. Signed by Senior Judge Charles F. Lettow. (khp) (Main Document 581 replaced on 10/28/2022 to add Rule 54(b) language on page 40.) (dls)REPORTED OPINION and ORDER on just compensation. The Clerk is directed to enter judgment. Signed by Senior Judge Charles F. Lettow. (khp) (Main Document 581 replaced on 10/28/2022 to add Rule 54(b) language on page 40.)

Keywords: re: Taking via government-induced flooding of private property; post-trial decision on just compensation for six bellwether plaintiffs; text of flowage easement to be filed in pertinent title records of affected properties.

22-922 • HAWKINS v. USA

Filed 10/28/2022
ORDER DISMISSING CASE: The Clerk is directed to ENTER judgment DISMISSING plaintiff's complaints for lack of subject-matter jurisdiction, pursuant to RCFC 12(h)(3). Signed by Judge David A. Tapp. (krm) Service on parties made. Modified on 10/28/2022 Plaintiff served via U.S. mail. (hw1).

15-1252 • ARNOLD et al v. USA

Filed 10/24/2022
REPORTED OPINION AND ORDER: The Clerk is directed to UNCONSOLIDATE Dawson v. United States, No. 15-1268 (Fed. Cl.), from Arnold v. United States, No. 15-1252 (Fed. Cl.). Plaintiff's motion for attorneys fees and expenses (No. 15-1268L, ECF 196) is GRANTED-IN-PART and DENIED-IN-PART. Plaintiffs are awarded attorney's fees in the aggregate amount of $100,282.47 and litigation expenses in the total amount of $27,424.06. Once unconsolidated, the Clerk is directed to enter JUDGMENT accordingly in Dawson v. United States, No. 15-1268 (Fed. Cl.) Signed by Judge Armando O. Bonilla. (ead) Service on parties made.

Keywords: re: Reported Opinion and order. Rails-to-Trails Temporary Taking: Attorney's Fees and Expenses Under 42 U.S.C. § 4654(c).

19-1715 • OZTIMURLENK, R.N. et al v. USA

Filed 10/20/2022
**RE-DOCKETED FOR POSTING TO COURT'S WEBSITE**REPORTED OPINION AND ORDER: Plaintiff's motion to certify a class action is, hereby, DENIED without prejudice. Joint Status Report due by 11/21/2022. Signed by Judge Matthew H. Solomson. (vds) Service on parties made.

18-1070 • HIPPELY et al v. USA

Filed 10/18/2022
REPORTED OPINION granting plaintiffs' Motion for Partial Summary Judgment and denying [65] the Government's Cross-motion for Partial Summary Judgment. Signed by Judge Ryan T. Holte. (eir) Service on parties made.

Keywords: re: Reported Opinion: Motion for Partial Summary Judgment; Cross-motion for Summary Judgment; Rails-to-Trails; Fifth Amendment Taking; Causation.

17-540 • MELSON v. USA

Filed 10/18/2022
REPORTED OPINION on MOTION for Judgment on the Administrative Record, [53] CROSS MOTION and RESPONSE to [48] Motion for Judgment on the Administrative Record; denying [48] Motion for Judgment on the Administrative Record; granting [53] Motion for Judgment on the Administrative Record; granting [53] Cross Motion. The Clerk is directed to enter judgment. Signed by Judge Edward H. Meyers. (mjd) Service on parties made.

22-659 • HOMELAND SECURITY SOLUTIONS, INC. v. USA

Filed 10/18/2022
REPORTED OPINION: ECF is reissued with redactions. Signed by Judge Edward H. Meyers. (mjd) Service on parties made.

20-563 • POPE v. USA

Filed 10/17/2022
REPORTED ORDER granting in part and denying in part Motion to Dismiss - Rule 12(b)(1) and (6); denying [19] Motion to Dismiss - Rule 12(b)(1) and (6); denying [19] Motion for Judgment on the Administrative Record; granting [22] Cross Motion for Judgment on the Administrative Record. Signed by Judge Edward H. Meyers. (skw) Service on parties made. Modified on 10/19/2022 - corrected minor typographical error (jt1).

22-543 • ESIMPLICITY, INC. v. USA

Filed 10/13/2022
REPORTED OPINION AND ORDER (re-issuance of September 28, 2022 Sealed Opinion and Order for Publication, ECF No. 36.) Signed by Judge Stephen S. Schwartz. (cmc) Service on parties made.

16-947 • 27-35 JACKSON AVE LLC v. USA

Filed 10/12/2022
REPORTED ORDER and OPINION: GRANTING Defendant's Motion for Summary Judgment and DENYING [88] Plaintiff's Cross Motion for Summary Judgment. The Clerk is directed to enter judgment for Defendant. Signed by Judge David A. Tapp. (krm) Service on parties made. (Main Document 104 replaced on 10/13/2022 to attach corrected PDF)

20-288 • STATE OF OHIO v. USA

Filed 10/07/2022
REPORTED OPINION AND ORDER granting in part and denying in part MOTION for Summary Judgment on Liability filed by STATE OF OHIO, and granting in part and denying in part [68] CROSS MOTION for Summary Judgment on Liability filed by UNITED STATES. The parties shall file a Joint Status Report on or before 10/28/2022 proposing a schedule of further proceedings in this matter. Signed by Judge Carolyn N. Lerner. (mja) Service on parties made.

Keywords: re: Order on Motion for Summary Judgment; Contract; Motion to Dismiss; Statute of Limitations; Declaratory Relief; Implied Covenant of Good Faith; Pre-Judgment Interest; Reported Opinion.

22-546 • STARNES v. USA

Filed 10/05/2022
REPORTED OPINION granting Defendant's Motion to Dismiss pursuant to Rules 12(b)(1) and 12(h)(3). The Clerk of Court is directed to enter Judgment accordingly. Signed by Judge Eleni M. Roumel. (smh) Service on parties made.

18-916 • CAPITOL INDEMNITY CORPORATION v. USA

Filed 10/04/2022
REPORTED OPINION and ORDER Denying MOTION for Partial Summary Judgment filed by CAPITOL INDEMNITY CORPORATION, Granting [68] CROSS MOTION filed by USA. The Clerk is directed to enter judgment. Signed by Judge Zachary N. Somers. (mpo) Service on parties made.

22-253 • SECOND STREET HOLDINGS LLC et al v. USA

Filed 10/04/2022
REPORTED OPINION of the Court's Sealed Opinion [ECF No. 54]. Signed by Judge Kathryn C. Davis. (apkt) Service on parties made.

19-520 • AITKEN et al., v. USA

Filed 09/30/2022
REPORTED OPINION and ORDER (re-issuance of redacted version of the August 25, 2022 Sealed Opinion and Order for Publication (ECF No. 51). Signed by Judge Stephen S. Schwartz. (cmc) Service on parties made.

18-916 • CAPITOL INDEMNITY CORPORATION v. USA

Filed 09/29/2022
REPORTED OPINION AND ORDER re ORDER TO SHOW CAUSE. Plaintiff's counsel shall file a notice of compliance with this Opinion and Order by 10/14/2022. Signed by Judge Zachary N. Somers. (ktm) Service on parties made.

15-211 • ABBOTT et al v. USA

Filed 09/28/2022
REPORTED ORDER denying as moot Motion for Partial Summary Judgment; denying as moot [128] Cross Motion; granting in part and denying in part [148] Motion for Partial Summary Judgment; granting in part and denying in part [149] Cross Motion; denying as moot [154] Motion for Leave to File ; granting [155] Motion for Leave to File. Joint Status Report due by October 19, 2022. Signed by Judge Kathryn C. Davis. (msm) Service on parties made.

16-124 • SQUARE ONE ARMORING SERVICES COMPANY v. USA

Filed 09/22/2022
REPORTED OPINION granting in part and denying in part Defendant's Motion for Partial Summary Judgment Regarding 8 Claims Based on the Statute of Limitations. Signed by Judge Eleni M. Roumel. (dzg) Service on parties made.

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