USCFC General Jurisdiction-Reported

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20-636 • ACE-FEDERAL REPORTERS, INC v. USA

Filed 19 hours 1 min ago
REPORTED OPINION AND ORDER. Unsealed version of 51: opinion and order. Signed by Judge Ryan T. Holte. (tjw) Service on parties made.

Keywords: re: Reported Opinion and Order. Bid protest; International Trade Commission ("ITC"); Cryptographic Module Validation Program ("CMVP"); supplementation of the administrative record.

18-983 • STIMSON LUMBER COMPANY v. USA

Filed 09/18/2020
REPORTED OPINION denying plaintiffs' motion for partial summary judgment and granting [37] defendant's cross motion. Joint status report due 10/1/2020. Signed by Senior Judge Nancy B. Firestone. (lb) Service on parties made.

Keywords re Order on Motion for Partial Summary Judgment, Reported Opinion: Motion for Summary Judgment; Rails-to-Trails; Oregon Law; State Law Abandonment

16-1565 • ALBRIGHT et al v. USA

Filed 09/18/2020
REPORTED OPINION denying plaintiffs' motion for partial summary judgment and granting [156] defendant's cross motion. Joint status report due 10/1/2020. Signed by Senior Judge Nancy B. Firestone. (lb) Service on parties made.

Keywords re Order on Motion for Partial Summary Judgment, Reported Opinion: Motion for Summary Judgment; Rails-to-Trails; Oregon Law; State Law Abandonment

16-912 • LOVERIDGE et al v. USA

Filed 09/18/2020
REPORTED OPINION denying plaintiffs' motion for partial summary judgment and granting [121] defendant's cross motion. Joint status report due 10/1/2020. Signed by Senior Judge Nancy B. Firestone. (lb) Service on parties made.

Keywords re Order on Motion for Partial Summary Judgment, Reported Opinion: Motion for Summary Judgment; Rails-to-Trails; Oregon Law; State Law Abandonment (lb)Keywords re [128] Order on Motion for Reconsideration - Rule 59(a), Reported Order: RCFC 59(a); RCFC 54(b); Reconsideration; Rails-to-Trails; Oregon Law; Adjacency

20-169 • YATES v. USA

Filed 09/18/2020
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1) and (6). The Clerk is directed to enter judgment. Signed by Chief Judge Margaret M. Sweeney. (jb2) Service on parties made; plaintiff served via U.S. mail to address on docket and to Willow Run Condos, 2000 Greens Blvd; Unit 14D, Myrtle Beach, SC 29577. Plaintiff also received electronic notification of the filing.

Keywords: re: Pro Se Plaintiff; RCFC 12(b)(1); RCFC 12(b)(6); Tax Refund Suit; Claims Against Individuals; Torts; Criminal Violations; Due Process; Taxpayer Bill of Rights; Prior Decision of Tax Court for Same Tax Year; Res Judicata; Illegal Collection; Flora Full Payment Rule; I.R.C. §§ 6402(a), 6512(a), 7421(a), 7433(a), 7482(a)(1), 7803(a)(3).

20-541 • HVF WEST, LLC v. USA

Filed 09/18/2020
REPORTED OPINION. Signed by Senior Judge Marian Blank Horn. (dl1) Service on parties made.

Keywords: re: Post-Award Bid Protest; Mixed-Transaction Contract; Subject-Matter Jurisdiction; Standing; Cross-Motions for Judgment on the Administrative Record.

18-927 • ELECTRA-MED CORPORATION et al v. USA

Filed 09/18/2020
REPORTED Order granting Motion to Dismiss; denying [77] Motion for Leave to File supplemental briefing regarding GAO report The Clerk is directed to enter judgment. Signed by Senior Judge Eric G. Bruggink. (jpk1) Service on parties made.

Keywords: re: Order on Motion to Dismiss, Order on Motion for Leave to File, Reported Order: Bid protest; Prime vendor contracts; Contract modification; Injunction; Balance of harms; Remand after appeal; Jurisdiction; Mootness.

16-912 • LOVERIDGE et al v. USA

Filed 09/18/2020
REPORTED ORDER granting in part and denying in part Motion for Reconsideration. Joint status report due by 10/1/2020. Signed by Senior Judge Nancy B. Firestone. (lb) Service on parties made.

Keywords re Order on Motion for Partial Summary Judgment, Reported Opinion: Motion for Summary Judgment; Rails-to-Trails; Oregon Law; State Law Abandonment (lb)Keywords re [128] Order on Motion for Reconsideration - Rule 59(a), Reported Order: RCFC 59(a); RCFC 54(b); Reconsideration; Rails-to-Trails; Oregon Law; Adjacency

18-72 • RAJPAUL v. USA

Filed 09/14/2020
REPORTED Order denying Motion for Judgment on the Administrative Record; granting [37] Cross Motion The Clerk is directed to enter judgment. Signed by Judge David A. Tapp. (jm) Service on parties made.

Keywords: re: Order on Motion for Judgment on the Admin. Record, Order on Cross Motion [Dispositive], 10 U.S.C. § 1372; Military Pay; Army Board for Correction of Military Records; temporary service; RCFC 52.1; Judgment on the Administrative Record

19-1803 • PFIZER, INC. v. USA

Filed 09/14/2020
REPORTED OPINION denying Motion for Summary Judgment; granting [16] Cross Motion. Status Report due by 9/30/20. Signed by Senior Judge Charles F. Lettow.

Keywords: re: Claim for overpayment interest on refund of income taxes; 26 U.S.C. § 6611; genuine issue of material fact precluding summary judgment; discovery allowed; RCFC 56(d).

15-1163 • PIPES v. USA

Filed 09/11/2020
REPORTED OPINION. The plaintiffs motion for judgment on the administrative record is granted in part and deferred in part, and the defendants cross-motion for judgment on the administrative record is denied in part and deferred in part. This case has been pending since 2015. The plaintiff is entitled to a resolution of his claim in a prompt manner, given the length of time he has been waiting for the matter to be resolved. The Court expects that the case will receive priority consideration by the Board due to its age and the plaintiffs physical condition. The issue before the AFBCMR on remand is a narrow one. The Court will remand the case to the AFBCMR for a period limited to 90 days. Signed by Judge Richard A. Hertling. (dhf) Service on parties made.

Keywords: re: Reported Order, Military Pay; Disability Retirement; Inactive-Duty Training; 10 U.S.C. § 101(d)(7); Uniform Code of Military Justice; Self-Paced Fitness Improvement Program; Motion for Judgment on the Administrative Record; RCFC 52.1.

19-1801 • HONSE v. USA

Filed 09/10/2020
REPORTED OPINION granting Motion to Dismiss; denying [12] Emergency Motion. The Clerk is directed to enter judgment. Signed by Judge Eleni M. Roumel. (klb) Service on parties made; plaintiff served via U.S. mail.

18-458 • BAILEY v. USA

Filed 09/01/2020
REPORTED OPINION denying Plaintiff's Motion for Judgment on the Administrative Record and Motion to Supplement the Record; granting [40] Defendant's Cross Motion for Judgment on the Administrative Record. The Clerk is directed to enter judgment. Signed by Senior Judge Nancy B. Firestone. (gd) Service on parties made.

Keywords: re: Military Pay; Judgment on the Administrative Record; AFBCMR; Burden of Proof; Deference to Medical Advisory Opinions; Motion to Supplement the Administrative Record; Post-Remand.

20-605 • PETERS v. USA

Filed 08/28/2020
REPORTED Order granting Motion to Dismiss pursuant to Rule 12(b)(1); finding as moot [12] Motion for Entry of Final Judgment. The Clerk's Office is directed to reject further complaints related to the one currently before the court regarding adjudication of her social security benefits. The Clerk is directed to enter judgment. Signed by Senior Judge Marian Blank Horn. (rp) Service on parties made.

Keywords: Re: Pro Se Plaintiff; Subject Matter Jurisdiction; Failure to State a Claim; Motion to Dismiss; Social Security.

20-520 • JONES v. USA

Filed 08/25/2020
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1). The Clerk is directed to enter judgment. Signed by Chief Judge Margaret M. Sweeney. (jb2) Service on parties made.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1), Reported Opinion: Military Disability Retirement Pay Claim, 10 U.S.C. § 1201 (2018); Statute of Limitations, 28 U.S.C. § 2501 (2018); RCFC 12(b)(1); Informal Physical Evaluation Board; Claim Accrued at Time of Discharge from the Military.

19-1583 • HOUSING AUTHORITY OF THE CITY OF SLIDELL

Filed 08/25/2020
REPORTED ORDER: The government's supplemental brief shall be filed, as further specified in the attached order, on or before 5:00 p.m. on September 24, 2020. Plaintiff shall not file a response unless ordered to do so by the Court. Signed by Judge Matthew H. Solomson. (sew) Service on parties made.

Keywords: re: Reported Order, Duty of candor; judicial estoppel; Boaz v. United States; Greenleaf Limited Partnership v. Illinois Housing Development Authority; Tucker Act jurisdiction; Housing and Urban Development; annual contributions contract; breach of contract; money damages.

17-9002 • IN RE DOWNSTREAM ADDICKS AND BARKER (TEXAS) FLOOD-CONTROL RESERVOIRS v. USA

Filed 08/21/2020
REPORTED OPINION granting-in-part and denying-in-part Motion to Voluntarily Dismiss - Rule 41(a). Timothy Stahl's claim in Case No. 17-1191 is dismissed with prejudice. The Clerk is directed to enter judgment in Case No. 17-1191 as to Timothy Stahl. Signed by Senior Judge Loren A. Smith. (kn) Service on parties made. (Main Document 235 replaced on 8/24/2020 to edit concluding language and case number)

Keywords: Fifth Amendment Taking; Motion to Voluntarily Dismiss; RCFC 41(a)(2); Test Property; Dismissal with Prejudice. Re: Order on Motion to Dismiss - Rule 41(a). Reported Opinion.

20-497 • RAHMAN v. USA

Filed 08/20/2020
REPORTED ORDER Granting Motion to Remand; Granting [8] Motion to Stay. The plaintiffs claim is REMANDED to the Secretary of the Army, who is directed to submit the matter to the ABCMR. The plaintiff shall apply to the ABCMR by filing a DD Form 149 with the ABCMR on or before 9/4/2020. The ABCMR shall determine by 11/30/2020 whether the Army committed an error or injustice. The defendant shall file by 12/14/2020, a status report. The ABCMR shall render its decision by 2/22/2021. The defendant shall file a status report informing the Court of the ultimate determination of the ABCMR by 3/8/2021. The case is hereby STAYED until further order of the Court. Signed by Judge Richard A. Hertling. (agg) Service on parties made. Modified text on 8/20/2020

Keywords: re: Order on Motion to Remand, Order on Motion to Stay, Reported Order, Military Pay Act; Motion for Voluntary Remand; RCFC 52.2; SKF USA Inc. v. United States; Time Limits for Remand.

20-879 • MITCHCO INTERNATIONAL, INC. v. USA

Filed 08/20/2020
**RE-DOCKETED ORDER FOR PUBLICATION**. REPORTED ORDER granting [13] Motion to Intervene. Signed by Senior Judge Eric G. Bruggink. (ew) Service on parties made.

20-229 • HARVEY v. USA

Filed 08/20/2020
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1) and (6). The Clerk is directed to enter judgment. Signed by Senior Judge Marian Blank Horn. (jm5) Service on parties made; plaintiff served via U.S. mail.

Pro Se Plaintiff; Motion to Dismiss; Subject Matter Jurisdiction; Failure to State a Claim; Alleged Contract; Alleged Arbitration; Ratification; Tort; Criminal Conduct. Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1) and (6), Reported Opinion

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