USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions

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21-2266 • FRAZIER v. USA

Filed 12/14/2021

REPORTED OPINION granting Motion for Leave to Proceed in forma pauperis. The court DISMISSES Mr. Frazier's complaint for lack of jurisdiction. The Clerk is directed to enter judgment. Signed by Senior Judge Margaret M. Sweeney. (ls) Service on parties made; plaintiff served via U.S. mail.

Keywords: re: Pro Se Plaintiff; Sua Sponte Dismissal; Subject-Matter Jurisdiction; Due Process; Federal Rules of Civil Procedure; 28 U.S.C. § 2403; In Forma Pauperis.

18-923 • TIPPINS et al v. USA

Filed 12/08/2021

REPORTED OPINION Denying Motion for Reconsideration. The Clerk is directed to enter judgment in favor of the six plaintiffs named in this Opinion. This case shall remain open to allow for further collective action proceedings. Joint Status Report due by 1/24/2022. Signed by Judge David A. Tapp. (jm) Service on parties made.

18-48 • CHEUNG et al v. USA

Filed 12/06/2021

REPORTED OPINION. Signed by Senior Judge Marian Blank Horn. (jm5) Service on parties made.

19-400 • BRADLEY et al v. USA

Filed 12/03/2021

REPORTED OPINION, filed nunc pro tunc to 3/23/2021, denying Motion for Partial Summary Judgment, and granting in part and denying in part [60] Cross-Motion for Partial Summary Judgment. Signed by Senior Judge Margaret M. Sweeney. (kb1) (Main Document 78 replaced on 12/7/2021 to correct a typo on page 12 (1951 changed to 1851). (ac7).

Keywords: re: Reported Opinion -- Trails Act; Indiana Law; Property Interest Conveyed via Release Executed Pursuant to Railroad Company's 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

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

Filed 12/03/2021

REPORTED OPINION, filed nunc pro tunc to 3/23/2021, denying Motion for Partial Summary Judgment, and granting in part and denying in part [65] Cross-Motion for Partial Summary Judgment. Signed by Senior Judge Margaret M. Sweeney. (kb1) (Main Document 121 replaced on 12/7/2021 to correct a typo on page 12 (1951 changed to 1851). (ac7).

18-1961 • OLDHAM et al v. USA

Filed 12/03/2021

REPORTED OPINION, filed nunc pro tunc to 3/23/2021, denying Motion for Partial Summary Judgment, and granting in part and denying in part [42] Cross-Motion for Partial Summary Judgment. Signed by Senior Judge Margaret M. Sweeney. (kb1) (Main Document 64 replaced on 12/7/2021 to correct a typo on page 12 (1951 changed to 1851). (ac7).

18-1964 • PRESSLY et al v. USA

Filed 12/03/2021

REPORTED OPINION, filed nunc pro tunc to 3/23/2021, denying Motion for Partial Summary Judgment, and granting in part and denying in part [54] Cross-Motion for Partial Summary Judgment. Signed by Senior Judge Margaret M. Sweeney. (kb1) (Main Document 78 replaced on 12/7/2021 to correct a typo on page 12 (1951 changed to 1851). (ac7).

21-1080 • MCLARNON v. USA

Filed 12/02/2021

REPORTED ORDER denying Motion to Reopen Time for Appeal. Signed by Senior Judge Margaret M. Sweeney. (jb2) Service on parties made.

Keywords: re: Pro Se Plaintiff; Motion to Reopen Time for Appeal, Fed. R. App. P. 4(a)(6); Prison Mailbox Rule.

19-371 • MICHALOVIC CRAWLEY, et al. v. USA

Filed 12/02/2021

REPORTED OPINION denying Plaintiffs' Motion for Equitable Tolling. The parties shall file a Joint Status Report by 12/16/2021, proposing further proceedings in these consolidated cases. Signed by Senior Judge Nancy B. Firestone. (dpk) Service on parties made.

Keywords: re: Order on Motion for Equitable Tolling, Reported Opinion, Fair Labor Standards Act; Equitable Tolling.

18-47 • SPELLERS v. USA

Filed 12/01/2021

REPORTED OPINION granting Motion for Summary Judgment. The Clerk's office is directed to ENTER final judgment for defendant DISMISSING plaintiff's complaint, with prejudice. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made.

Keywords: re: Reported Opinion on Motion for Summary Judgment. Motion for Summary Judgment; RCFC 56; Equal Pay Act; 29 U.S.C. § 206(d); Affirmative Defense. (TQ)

19-1892 • BES DESIGN/BUILD, LLC v. USA

Filed 11/30/2021

OPINION denying Motion for Partial Summary Judgment; denying [67] Motion for Partial Summary Judgment. Signed by Senior Judge Marian Blank Horn. (jm5) Service on parties made.

20-1211 • SUPERIOR OPTICAL LABS, INC. v. USA

Filed 11/30/2021

REPORTED OPINION of the Court's **SEALED** OPINION and ORDER, ECF No. [60]. No redactions were proposed. Signed by Judge Edward H. Meyers. (aep) Service on parties made. Modified to add docket hyperlink on 11/30/2021

18-1731 • RICHARDSON et al v. USA

Filed 11/30/2021

REPORTED OPINION: Denying Defendant's Motion to Dismiss - Rule 12(b)(6); granting [20] Plaintiff's Cross-Motion for Summary Judgment. Joint Status Report or Joint Stipulation due by December 30, 2021. Signed by Judge Matthew H. Solomson. (ahn) Service on parties made.

21-1685 • SERGENT'S MECHANICAL SYSTEMS, INC. v. USA

Filed 11/29/2021

REPORTED ORDER: Denying Plaintiff's motion to certify interlocutory appeal, which the Court treated as a motion for reconsideration pursuant to Rule 54(b), per the Court's September 14, 2021 [17] Order. Signed by Judge Matthew H. Solomson. (jmt) Service on parties made.

21-493 • QUANTERION SOLUTIONS, INC. v. USA

Filed 11/29/2021

REPORTED OPINION: Reflecting redactions from the opinion and order previously entered on November 18, 2021. Signed by Senior Judge Charles F. Lettow.

Keywords re REPORTED OPINION: pre-award bid protest; SBA's decision accepting a procurement into the 8(a) program; new work; price increase; standing.

11-130 • RETURN MAIL, INC. v. USA

Filed 11/22/2021

REPORTED OPINION AND ORDER granting Motion for Prompt Payment; granting in part [189] Motion for Reconsideration; denying [190] Cross-Motion for Stay of Payment. Signed by Senior Judge Charles F. Lettow.

Keywords: re [197]: Reconsideration of discovery sanctions; in absence of hardship, required payment of sanctions amount.

21-1922 • 22ND CENTURY TECHNOLOGIES, INC. v. USA

Filed 11/19/2021

REPORTED OPINION (Public). Opinion initially filed under seal (ECF No. 36). Defendant's and Fiberteks motions to dismiss, ECF Nos. 26, 27, GRANTED and 22nd Centurys motion for a preliminary injunction, ECF No. 3, DISMISSED AS MOOT. Signed by Senior Judge Nancy B. Firestone. (dpk) Service on parties made.

Keywords: re: Reported Opinion, Bid Protest; Motion to Dismiss for Lack of Subject Matter Jurisdiction; RCFC 12(b)(1); Size Determination; SBA; OHA; Federal Acquisition Streamlining Act; FASA.

19-1348 • SMITH v. USA

Filed 11/19/2021

REPORTED ORDER re Joint Status Report approving Legal Notice of Collective Action and Opportunity to Join and setting a schedule for notice mailing and briefing. Signed by Judge Eleni M. Roumel. (Attachments: # (1) Exhibit 1) (dzg) Service on parties made.

20-579 • KELLY v. USA

Filed 11/19/2021

REPORTED OPINION denying Motion for Judgment on the Administrative Record; granting [11] Cross Motion The Clerk is directed to enter judgment. Signed by Judge Kathryn C. Davis. (pbf) Service on parties made.

20-1220 • UNITED COMMUNITIES, LLC v. USA

Filed 11/18/2021

REPORTED OPINION denying Motion for Reconsideration - Rule 59(a) of the court's [14] July 23, 2021 Reported Opinion on Motion to Dismiss - Rule 12(b)(6). Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made.

Keywords: re: Reported Opinion on Motion for Reconsideration - Rule 59(a). (TQ)

USCFC General Jurisdiction-Reported

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