USCFC General Jurisdiction-Reported

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

Filed 12/17/2020
REPORTED ORDER granting Unopposed Motion for Conditional Certification and Notice. Joint Status Report due by 1/8/2021. Signed by Senior Judge Nancy B. Firestone. (lb) Service on parties made.

Keywords re Order on Motion, Reported Order: Fair Labor Standards Act; 29 U.S.C. § 216(b); Conditional Certification

19-105 • HYDRAULICS INTERNATIONAL, INC. v. USA

Filed 12/15/2020
REPORTED OPINION denying the government's motion to dismiss and remanding case number 20-598 to the contracting officer for a final decision within sixty days of the date of this decision, by Monday February 15, 2021. Signed by Judge Elaine D. Kaplan. (arlr) Service on parties made.

Keywords: re: Reported Opinion: government contracts; jurisdiction; contracting officer's final decision; technical data package.

19-848 • BROWN et al v. USA

Filed 12/15/2020
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1). The Clerk is directed to enter judgment. Signed by Senior Judge Loren A. Smith. (nec) Service on parties made.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1), Reported Opinion: Taxpayer Signature Requirement; Waiver Doctrine; 26 U.S.C. § 7422; Treas. Reg. §301.6402-2; 26 U.S.C. § 6061; 26 U.S.C. § 6065; Subject Matter Jurisdiction; RCFC 12(b)(1).

20-909 • ADAMS et al v. USA

Filed 12/14/2020
REPORTED ORDER Denying Motion to Dismiss - Rule 12(b)(6). The United States' Answer is due by 12/28/2020. The parties shall submit a Joint Preliminary Status Report by 1/11/2021. Signed by Judge David A. Tapp. (jm) Service on parties made.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(6), Motion to Dismiss; RCFC 12(b)(6); Motion for More Definite Statement; RCFC 12(e); 5 U.S.C. §§ 5545, 5343; hazardous duty pay; environmental differential pay; FLSA; 29 U.S.C. § 207; COVID-19.

14-183 • IDEKER FARMS, INC., et al v. USA

Filed 12/14/2020
REPORTED TRIAL OPINION: Joint Status Report proposing judgment consistent with this opinion due by 1/15/2021. Signed by Senior Judge Nancy B. Firestone. (lb) Service on parties made.

Keywords re Reported Trial Opinion: Taking; Fifth Amendment; Flooding;Arkansas Game & Fish; Flowage Easement; Just Compensation; Before-and-After Valuation; Consequential Damages; Interest Rate

19-129 • ABRANTES et al v. USA

Filed 12/11/2020
REPORTED OPINION denying Motion to Dismiss - Rule 12(b)(1) and (6). On or before 2/12/2021, defendant is directed to FILE an answer or otherwise respond to plaintiffs' complaint; and on or before 2/12/2021, the parties are directed to CONFER and FILE a Joint Status Report informing the court of their positions on the consolidation of this case with any other matters before the court. Signed by Judge Patricia E. Campbell-Smith. (mp) Service on parties made. Modified font of text on 12/13/2020

Keywords re: Reported Order on Motion to Dismiss. Motion to Dismiss; RCFC 12(b)(6); Border Patrol Agent Pay Reform Act, 5 U.S.C. § 5550; Back Pay Act, 5 U.S.C. § 5596; Anti-Deficiency Act (ADA), 31 U.S.C. §§ 1341-42; Government Employees Fair Treatment Act of 2019 (GEFTA); Pub. L. No. 116-1, 133 Stat. 3 (2019).

19-48 • AVALOS et al v. USA

Filed 12/09/2020
REPORTED OPINION denying Motion to Dismiss - Rule 12(b)(6). On or before 2/8/2021, defendant is directed to FILE an answer or otherwise respond to plaintiffs' complaint; and on or before 2/8/2021, the parties are directed to CONFER and FILE a Joint Status Report informing the court of their positions on the consolidation of this case with any other matters before the court. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made.

Keywords: re: Reported Opinion on Dismiss - Rule 12(b)(1) and (6); Fair Labor Standards Act (FLSA), 29 U.S.C. §§ 201-19; Anti-Deficiency Act (ADA), 31 U.S.C. §§ 1341-42; Government Employees Fair Treatment Act of 2019 (GEFTA); Pub. L. No. 116-1, 133 Stat. 3 (2019); 28 U.S.C. § 1500.(TQ)

20-143 • CHEYENNE & ARAPAHO TRIBES v. USA

Filed 12/09/2020
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1) and (6). The Clerk is directed to enter judgment. Signed by Senior Judge Loren A. Smith. (nec) Service on parties made.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1) and (6), Reported Opinion: Native American Treaty; Bad Men Clause; Individual Right; Tribal Right; Prudential Standing; Parens Patriae Doctrine; Motion to Dismiss; Subject Matter Jurisdiction; RCFC 12(b)(1); RCFC 12(b)(6).

19-59 • ARNOLD et al v. USA

Filed 12/09/2020
REPORTED OPINION denying Motion to Dismiss - Rule 12(b)(6). On or before 2/8/2021, defendant is directed to FILE an answer or otherwise respond to plaintiffs' complaint; and on or before 2/8/2021, the parties are directed to CONFER and FILE a Joint Status Report informing the court of their positions on the consolidation of this case with any other matters before the court. Signed by Judge Patricia E. Campbell-Smith.(TQ) Service on parties made.

Keywords: re: Reported Opinion on Motion to Dismiss - Rule 12(b)(6). Motion to Dismiss; RCFC 12(b)(6); Fair Labor Standards Act (FLSA), 29 U.S.C. §§ 201-19; Anti-Deficiency Act (ADA), 31 U.S.C. §§ 1341-42; Government Employees Fair Treatment Act of 2019 (GEFTA); Pub. L. No. 116-1, 133 Stat. 3 (2019). (TQ)

19-1246 • FLETCHER et al v. USA

Filed 12/07/2020
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1) and (6); granting [15] Motion to Strike. The Clerk is directed to enter judgment. Signed by Senior Judge Loren A. Smith. (cew) Service on parties made.

Keywords: Tribal Trust; Native American Trust Management; Tucker Act; 28 U.S.C. § 1491; Indian Tucker Act; 28 U.S.C. § 1505; Motion to Dismiss; RCFC 12(b)(1); Subject Matter Jurisdiction; RCFC 12(b)(6); Standing; Issue Preclusion; RCFC 12(e); Motion to Strike; RCFC 12(f). re: Order on Motion to Dismiss - Rule 12(b)(1) and (6), Order on Motion to Strike, Reported Opinion.

19-213 • BACA et al v. USA

Filed 12/04/2020
REPORTED OPINION denying Motion to Dismiss - Rule 12(b)(1) and (6). On or before 2/5/2021, defendant is directed to FILE an answer or otherwise respond to plaintiffs' complaint; and on or before 2/5/2021, the parties are directed to CONFER and FILE a Joint Status Report informing the court of their positions on the consolidation of this case with any other matters before the court. Signed by Judge Patricia E. Campbell-Smith.(TQ) Service on parties made. Modified on 12/7/2020 deadlines to reflect deadlines included in order

Keywords: re: Opinion on Motion to Dismiss; RCFC 12(b)(1) and 12(b)(6); Fair Labor Standards Act (FLSA), 29 U.S.C. §§ 201-19; Anti-Deficiency Act (ADA), 31 U.S.C. §§ 1341-42; Government Employees Fair Treatment Act of 2019 (GEFTA); Pub. L. No. 116-1, 133 Stat. 3 (2019); 28 U.S.C. § 1500. (TQ)

18-1699 • PERETZ v. USA

Filed 12/04/2020
REPORTED OPINION denying Motion for Reconsideration; denying [69] Motion for Leave to File Amended Complaint. Signed by Senior Judge Marian Blank Horn. (dl1) Service on parties made. (Main Document 80 replaced on 12/4/2020 to correct clerical error in Footnote 6.)

Keywords: re: Order on Motion for Reconsideration, Order on Motion for Leave to File, Reported Opinion: Tax; Motion for Reconsideration; 26 U.S.C. § 6532 Statute of Limitations; Motion to Amend Complaint; Refund; Deposit.

19-118 • ANELLO et al v. USA

Filed 12/04/2020
REPORTED OPINION denying Motion to Dismiss - Rule 12(b)(6). On or before 2/5/2021, defendant is directed to FILE an answer or otherwise respond to plaintiffs' complaint; and on or before 2/5/2021, the parties are directed to CONFER and FILE a Joint Status Report informing the court of their positions on the consolidation of this case with any other matters before the court. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made. Modified on 12/7/2020 deadlines to reflect deadline in order

Keywords: re: Opinion on Motion to Dismiss; RCFC 12(b)(6); Fair Labor Standards Act (FLSA), 29 U.S.C. §§ 201-19; Anti-Deficiency Act (ADA), 31 U.S.C. §§ 1341-42; Government Employees Fair Treatment Act of 2019 (GEFTA); Pub. L. No. 116-1, 133 Stat. 3 (2019).(TQ)

19-161 • RICHMOND et al v. USA

Filed 12/02/2020
REPORTED OPINION denying Motion to Dismiss - Rule 12(b)(6). On or before 2/1/2021, defendant is directed to FILE an answer or otherwise respond to plaintiffs' complaint; and on or before 2/1/2021, the parties are directed to CONFER and FILE a Joint Status Report informing the court of their positions on the consolidation of this case with any other matters before the court. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made. Modified deadlines to reflect deadlines in order filed and modified text of deadlines to red font on 12/2/2020

Keywords: re: Reported Opinion on Motion to Dismiss; RCFC 12(b)(6); Fair Labor Standards Act (FLSA), 29 U.S.C. §§ 201-19; Anti-Deficiency Act (ADA), 31 U.S.C. §§ 1341-42; Government Employees Fair Treatment Act of 2019 (GEFTA); Pub. L. No. 116-1, 133 Stat. 3 (2019). (TQ)

19-95 • I.P. et al v. USA

Filed 12/01/2020
REPORTED OPINION denying Motion to Dismiss - Rule 12(b)(6). On or before 1/29/2021, defendant is directed to FILE an answer or otherwise respond to plaintiffs' complaint; and on or before 1/29/2021, the parties are directed to CONFER and FILE a Joint Status Report informing the court of their positions on the consolidation of this case with any other matters before the court. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made. Modified font of deadline text to red on 12/1/2020

Keywords: re: Reported Opinion on Motion to Dismiss; RCFC 12(b)(6); Fair Labor Standards Act (FLSA), 29 U.S.C. §§ 201-19; Anti-Deficiency Act (ADA), 31 U.S.C. §§ 1341-42; Government Employees Fair Treatment Act of 2019 (GEFTA); Pub. L. No. 116-1, 133 Stat. 3 (2019). (TQ)

10-157 • SOFMAN v. USA

Filed 12/01/2020
REPORTED OPINION granting Motion to Dismiss - Rule 41(b). Signed by Chief Judge Eleni M. Roumel. (klb) Service on parties made; Charles H. George and Allen E. Snook served via U.S. mail.

19-4 • TAROVISKY et al v. USA

Filed 12/01/2020
REPORTED OPINION on denying Motion to Dismiss - Rule 12(b)(6). On or before 1/29/2021, defendant is directed to FILE an answer or otherwise respond to plaintiffs' complaint; and on or before 1/29/2021, the parties are directed to CONFER and FILE a Joint Status Report informing the court of their positions on the consolidation of this case with any other matters before the court. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made. Modified text on 12/1/2020

Keywords: re: Reported Opinion on Motion to Dismiss; RCFC 12(b)(6); Fair Labor Standards Act (FLSA), 29 U.S.C. §§ 201-19; Anti-Deficiency Act (ADA), 31 U.S.C. §§ 1341-42; Government Employees Fair Treatment Act of 2019 (GEFTA); Pub. L. No. 116-1, 133 Stat. 3 (2019).(TQ)

19-54 • D.P. et al v. USA

Filed 12/01/2020
REPORTED OPINION denying Motion to Dismiss - Rule 12(b)(6). On or before 1/29/2021, defendant is directed to FILE an answer or otherwise respond to plaintiffs' complaint; and on or before 1/29/2021, the parties are directed to CONFER and FILE a Joint Status Report informing the court of their positions on the consolidation of this case with any other matters before the court. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made. Modified text on 12/1/2020

Keywords: re: Reported Opinion on Motion to Dismiss; RCFC 12(b)(6); Fair Labor Standards Act (FLSA), 29 U.S.C. §§ 201-19; Anti-Deficiency Act (ADA), 31 U.S.C. §§ 1341-42; Government Employees Fair Treatment Act of 2019 (GEFTA); Pub. L. No. 116-1, 133 Stat. 3 (2019). (TQ)

19-63 • HERNANDEZ et al v. USA

Filed 12/01/2020
REPORTED OPINION denying Motion to Dismiss - Rule 12(b)(6). On or before 1/29/2021, defendant is directed to FILE an answer or otherwise respond to plaintiffs' complaint; and on or before 1/29/2021, the parties are directed to CONFER and FILE a Joint Status Report, informing the court of their positions on the consolidation of this case with any other matters before the court. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made. Modified text of deadlines to red font on 12/1/2020 (ead). Modified text on 12/2/2020

Keywords: re: Reported Opinion on Motion to Dismiss; RCFC 12(b)(6); Fair Labor Standards Act (FLSA), 29 U.S.C. §§ 201-19; Anti-Deficiency Act (ADA), 31 U.S.C. §§ 1341-42; Government Employees Fair Treatment Act of 2019 (GEFTA); Pub. L. No. 116-1, 133 Stat. 3 (2019). (TQ)

09-333 • KOOPMANN v. USA

Filed 12/01/2020
REPORTED OPINION granting Motion to Dismiss - Rule 41(b). Signed by Chief Judge Eleni M. Roumel. (klb) Service on parties made. Charles H. George, Allen E. Snook, Brian Leiding, James B. Brooks, Sr., Douglas R. Lund, David S. Meik, Joseph L. Galbraith, William Mullen, Magnus R. Hansen, Richard E. Newton, Wayne A. Jackson, William Royall, Jr, Stephen F. Jakubowski, Robert C. Seits, Gerald W. Johnson, Robert S. Tanons, John Joyce and George Williams served via U.S. mail.

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