Volume 131 — Federal Claims Reporter

REPORTED OPINION. Signed by Judge Thomas C. Wheeler.

REPORTED OPINION, reflecting no redactions from the opinion and order previously entered under seal on March 14, 2017. Signed by Judge Charles F. Lettow.

REPORTED ORDER. Granting in part motion for clarification. Signed by Judge Mary Ellen Coster Williams.

REPORTED ORDER denying Motion for Partial Summary Judgment denying [101] Motion for Partial Summary Judgment. Status Report due by 4/7/2017. Signed by Senior Judge Nancy B. Firestone.

REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1) and (6) The Clerk is directed to enter judgment. Signed by Judge Mary Ellen Coster Williams. (ac7) Copy to parties.

REPORTED OPINION and ORDER denying Motion for Summary Judgment and granting [39] Cross Motion. The Clerk is directed to enter judgment. No costs. Signed by Judge Thomas C. Wheeler. (dls) Copy to parties. (Plaintiff served via certified mail Article No. 7014 1200 0000 9093 7061)

REPORTED Public Version of OPINION issued under seal on 2/21/2017 denying Motion for Reconsideration. Signed by Judge Patricia E. Campbell-Smith.

REPORTED OPINION. Signed by Chief Judge Susan G. Braden.

Memorandum Opinion and Order DENYING plaintiff's motion for partial summary judgment and GRANTING [25] the government's cross-motion for summary judgment. JSR due by 4/20/2017. Signed by Judge Lydia Kay Griggsby.

REPORTED OPINION Order of Dismissal granting Motion to Dismiss - Rule 12(b)(1) and (6) The Clerk is directed to enter judgment. Signed by Chief Judge Susan G. Braden.

REPORTED MEMORANDUM OPINION granting in part and denying in part Motion to Dismiss and denying plaintiff's [10] Motion to Amend and for Third Party Representative.. Signed by Chief Judge Susan G. Braden. (dls) Copy to parties. (Plaintiff served via certified mail Article No. 7014 1200 0000 9093 6811)

REPORTED OPINION denying Motion for Relief from Judgment - Rule 60. The court's judgment, ECF No. 74, remains in effect. HUD's awards of the Asset Management contracts to Sage for Areas 7A, 1D, and 5P shall remain undisturbed for six months into the second option year, i.e., until November 30, 2017. After that date, HUD must comply with the judgment. Signed by Judge Charles F. Lettow.

REPORTED OPINION The Clerk is directed to enter judgment. Signed by Chief Judge Susan G. Braden.

REPORTED OPINION: The Government's Response to Plaintiffs' motion is due by 4/28/2017. Signed by Judge Thomas C. Wheeler.

REPORTED ORDER denying Motion to Strike. Signed by Judge Margaret M. Sweeney.

REPORTED OPINION denying Motion to Dismiss - Rule 12(b)(1) and (6). Signed by Judge Patricia E. Campbell-Smith.

REPORTED OPINION AND ORDER denying Plaintiffs' Motion for Partial Summary Judgment granting [18] Defendant's Cross Motion for Partial Summary Judgment. The Clerk is directed to enter judgment. Signed by Judge Margaret M. Sweeney.

REPORTED OPINION. Signed by Senior Judge Eric G. Bruggink. (jpk1) Copy to parties.

REPORTED OPINION AND ORDER, reflecting redactions from the opinion and order previously entered under seal on April 4, 2017. Signed by Judge Charles F. Lettow.

REPORTED OPINION granting final approval of proposed settlement agreement granting in part and denying in part Motion for Attorney Fees. The Clerk is directed to enter judgment. Joint status report with a final proposed judgment for attorneys' fees and costs due by 4/24/2017. Signed by Senior Judge Nancy B. Firestone. (Attachments: (1) Exhibit Settlement Agreement)

REPORTED CLAIM CONSTRUCTION OPINION AND ORDER. Signed by Judge Mary Ellen Coster Williams. (TF3) Copy to parties.

REPORTED OPINION denying Motion to Amend Pleadings - Rule 15(b) dismissing [186] Amended Complaint and awarding defendant liquidated damages in the amount of $199,611 under [187] Counterclaim. The Clerk is directed to enter judgment. Signed by Judge Margaret M. Sweeney. (kb1)

REPORTED OPINION denying Motion for Judgment on the Administrative Record granting [20] Cross-Motion. Status Report due by 6/5/2017. Signed by Judge Elaine D. Kaplan.

REPORTED OPINION granting in part and denying in part Motion to dismiss for lack of subject matter jurisdiction granting [26] Motion for Judgment on the Administrative Record denying [27] Cross Motion for judgment on the administrative record. The Clerk is directed to enter judgment. Signed by Judge Charles F. Lettow. (USPS Tracking 7014 1200 0000 9093 7627)

REPORTED OPINION granting Motion for Summary Judgment. Plaintiff's complaint is dismissed with prejudice. The Clerk is directed to enter judgment. Signed by Judge Margaret M. Sweeney. Keywords re: Order on Motion for Summary Judgment, Reported Opinion -- RCFC 56 Summary Judgement No Genuine Issue of Material Fact Contract Interpretation Parole Evidence Binding Agency Directive Course of Dealing Common Trade Practice.

REPORTED OPINION denying Motion for Summary Judgment granting in part and denying in part [41] Motion for Summary Judgment. Signed by Chief Judge Susan G. Braden.

REPORTED OPINION AND ORDER, reflecting redactions from the opinion and order previously entered under seal on March 31, 2017. Signed by Judge Charles F. Lettow.

REPORTED MEMORANDUM OPINION AND ORDER granting in part and denying in part Motion to Dismiss - Rule 12(b)(1) and (6). The Clerk is directed to enter judgment. Signed by Judge Lydia Kay Griggsby.

REPORTED OPINION. Signed by Judge Thomas C. Wheeler.

MEMORANDUM OPINION AND ORDER denying motion for partial summary judgment granting [25] motion for summary judgment and DENYING [30] motion for oral argument. JSR due by 5/12/2017. Signed by Judge Lydia Kay Griggsby.

REPORTED OPINION denying Motion for Summary Judgment granting [29] Cross Motion. The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler.

REPORTED Order on Unopposed MOTION to Amend/Correct [44] Unopposed MOTION for Settlement filed by WENDALE TUBBS, JENNIE HARRIS, GLADYS FOWLER, COLLEEN REILLY, LAURA FOREMAN, ELOUISE CHEEKS, CILICIA A. DEMONS, [44] UREPORTED Order on [47] Unopposed MOTION to Amend/Correct [44] Unopposed MOTION for Settlement filed by WENDALE TUBBS, JENNIE HARRIS, GLADYS FOWLER, COLLEEN REILLY, LAURA FOREMAN, ELOUISE CHEEKS, CILICIA A. DEMONS, [44] Unopposed MOTION for Settlement filed by WENDALE TUBBS, JENNIE HARRIS, GLADYS FOWLER, COLLEEN REILLY, LAURA FOREMAN, ELOUISE CHEEKS, CILICIA A. DEMONS REPORTED OPINION on [47] Unopposed MOTION to Amend/Correct [44] Unopposed MOTIOnopposed MOTION for Settlement filed by WENDALE TUBBS, JENNIE HARRIS, GLADYS FOWLER, COLLEEN REILLY, LAURA FOREMAN, ELOUISE CHEEKS, CILICIA A. DEMONS REPORTED OPINION on [47] Unopposed MOTION to Amend/Correct [44] Unopposed MOTION for Settlement filed by WENDALE TUBBS, JENNIE HARRIS, GLADYS FOWLER, COLLEEN REILLY, LAURA FOREMAN, ELOUISE CHEEKS, CILICIA A. DEMONS, [44] Unopposed MOTION for Settlement filed by WENDALE TUBBS, JENNIE HARRIS, GN for Settlement filed by WENDALE TUBBS, JENNIE HARRIS, GLADYS FOWLER, COLLEEN REILLY, LAURA FOREMAN, ELOUISE CHEEKS, CILICIA A. DEMONS, [44] Unopposed MOTION for Settlement filed by WENDALE TUBBS, JENNIE HARRIS, GLADYS FOWLER, COLLEEN REILLY, LAURA FOREMAN, ELOUISE CHEEKS, CILICIA A. DEMONS The Clerk is directed to enter judgment. Signed by Chief Judge Susan G. Braden. (rgh) Copy to parties.LADYS FOWLER, COLLEEN REILLY, LAURA FOREMAN, ELOUISE CHEEKS, CILICIA A. DEMONS The Clerk is directed to enter judgment. Signed by Chief Judge Susan G. Braden.

REPORTED OPINION: Ms. Beberman's complaint is DISMISSED sua sponte for lack of jurisdiction. The Clerk is directed to enter judgment. Signed by Judge Patricia E. Campbell-Smith. (ew) Copy to parties. Tracking 7014 1200 0000 9093 6965.

REPORTED ORDER denying Motion for Reconsideration and denying as moot [30] Motion for Leave to File Sur-Reply. Answer due by 4/27/2017. Signed by Judge Margaret M. Sweeney. Keywords re: Order on Motion for Reconsideration -- Motion for Reconsideration RCFC 59(a)(1) Implied Duty of Good Faith and Fair Dealing.

REPORTED OPINION denying Motion for Reconsideration. Signed by Judge Margaret M. Sweeney. Keywords re: Order on Motion for Reconsideration, Reported Opinion -- Motion for Reconsideration RCFC 59(a)(1) Notice of Interim Trail Use Fifth Amendment Taking Effective Date of Taking Duration of Taking.

REPORTED OPINION denying Motion to Stay. Defendant's response and cross-motion for summary judgment due by 5/12/2017. Plaintiffs' reply and response due by 6/12/2017. Defendant's reply due by 7/3/2017. Signed by Judge Margaret M. Sweeney. (kb1)

REPORTED OPINION: Status Report due by 5/17/2017. Signed by Judge Thomas C. Wheeler.

REPORTED OPINION granting Motion for Preliminary Approval of Proposed Settlement Agreement, Approval of Notice to Class Members, and to Set Fairness Hearing. Notice of Compliance due 6/1/2017. Fairness hearing set for 6/13/2017 at 11:00 a.m. EDT. Signed by Judge Margaret M. Sweeney. (Attachments: (1) Approved Notice) Keywords re: Order on Motion, Reported Opinion -- Rails-to-Trails Class Action RCFC 23(e) Preliminary Approval of Settlement Notice Plan Fairness Hearing.

REPORTED OPINION and ORDER granting defendant's motion to dismiss as to most of plaintiff's claims, and granting defendant's motion for judgment on the administrative record with respect to the remaining claims. The Clerk is directed to enter judgment. Signed by Judge Elaine D. Kaplan. (dls) Copy to parties. (Plaintiff served via certified mail Article No. 7014 1200 0000 9093 7597)

REPORTED ORDER. Signed by Judge Victor J. Wolski.

REPORTED OPINION reflecting redactions from the opinion and order previously entered under seal on April 28, 2017. Signed by Judge Charles F. Lettow.

REPORTED OPINION AND ORDER granting Motion to Enforce the Settlement Agreement denying [231] Motion for Partial Summary Judgment denying [239] Motion for Partial Summary Judgment denying [241] Motion for Reconsideration denying [242] Motion for Partial Summary Judgment denying [243] Motion for Partial Summary Judgment denying [244] Motion for Reconsideration denying [246] Motion for Partial Summary Judgment. The parties are requested to file a joint status report on or before May 23, 2017. Signed by Judge Charles F. Lettow.

REPORTED OPINION denying Motion for leave to take discovery. Parties shall file their supplemental briefs by 6/16/2017. Signed by Judge Mary Ellen Coster Williams.

REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1) and (6) The Clerk is directed to enter judgment dismissing plaintiffs' complaint without prejudice. Signed by Judge Patricia E. Campbell-Smith.

REPORTED OPINION. Signed by Senior Judge Eric G. Bruggink.

REPORTED OPINION REISSUED REDACTED OPINION and ORDER denying Motion for Judgment on the Administrative Record granting [55] Cross-Motion for Judgment on the Administrative Record granting [56] Cross-Motion for Judgment on the Administrative Record. Signed by Judge Elaine D. Kaplan.

REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1). The Clerk is directed to enter judgment. Signed by Judge Marian Blank Horn. (dls) Copy to parties. (Plaintiff served via certified mail Article No. 7014 1200 0000 9093 7030)

REPORTED ORDER granting in part and denying in part Motion for Attorney Fees granting in part and denying in part [189] Motion for Attorney Fees. Proposed final judgment due by 5/12/2017. Signed by Senior Judge Nancy B. Firestone.

REPORTED ORDER denying Motion to Dismiss - Rule 12(b)(1). Signed by Chief Judge Susan G. Braden.

REPORTED OPINION finding as moot Motion for Judgment on the Pleadings granting [11] Motion for Summary Judgment denying [16] Cross Motion The Clerk is directed to enter judgment. Signed by Judge Victor J. Wolski.

REPORTED OPINION denying Motion in Limine. Signed by Judge Marian Blank Horn.

JUDGE VACCINE REPORTED OPINION re: Order on Motion for Review, Order on Motion for Leave to File Excess Pages, Judge Vaccine Order/Opinion Signed by Chief Judge Susan G. Braden.

REPORTED OPINION. The Clerk is directed to enter judgment. Signed by Judge Mary Ellen Coster Williams. (TF3) Copy to parties.