Volume 132 — Federal Claims Reporter

REPORTED OPINION: The following amounts shall be awarded to plaintiffs in the trial subclass: $146,347.73 (Gould), $87,052.83 (Bradley), $55,970.74 (Mosher), $174,381.29 (Heene), and $223,187.53 (Richards). Interest shall be payable on these amounts at the rate of 3.39 percent per annum, compounded quarterly from the date of the taking, August 2, 2012, until the date the judgment is paid. The clerk is directed to enter judgment pursuant to RCFC 54(b) in the aforestated amounts. Plaintiffs may apply for an award of attorneys' fees and expenses under Section 304(c) of the Uniform Relocation Assistance Act, 42 U.S.C. § 4654(c), within 30 days after any appellate process has been concluded, or, alternatively, after the time for taking an appeal has expired. Signed by Judge Charles F. Lettow.

REPORTED OPINION granting in part and denying in part Motion to Compel granting in part and denying in part [49] Motion to Quash denying [53] Motion for Leave to Use Depositions. Signed by Judge Margaret M. Sweeney.

REPORTED OPINION denying Motion for Leave to File Amicus Brief. Signed by Judge Margaret M. Sweeney. Keywords re: Order on Motion for Leave to File Amicus Brief, Reported Opinion -- Amicus Curiae Brief Fifth Amendment Takings Separation of Powers Doctrine Public Rights Doctrine Constitutional Jurisdiction.

REPORTED OPINION granting Motion for Summary Judgment The Clerk is directed to enter judgment. Signed by Judge Patricia E. Campbell-Smith.

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

REPORTED OPINION AND ORDER granting in part and denying in part Motion to Dismiss. The government's motion to dismiss plaintiffs' complaint is GRANTED insofar as plaintiffs' due process claim is concerned, but is otherwise DENIED. The government's alternative motion for summary judgment is DENIED, as is the government's motion for a more definite statement. The government shall file its answer to plaintiffs' complaint on or before the time specified in RCFC 12(a)(4). Signed by Judge Charles F. Lettow.

UNREPORTED ORDER. Public Order (redacted) denying Motion to Dismiss. Signed by Senior Judge Loren A. Smith.

REPORTED OPINION granting Motion for Summary Judgment, denying [27] Cross-Motion for Summary Judgment, and granting [31] Motion to Certify Class. Joint Status Report due 6/23/2017. Signed by Judge Margaret M. Sweeney. Keywords re: Order on Cross-Motions for Summary Judgment and Motion to Certify Class, Reported Opinion -- Mining Law of 1872 30 U.S.C. § 28f Claim Maintenance Fees Federal Land Policy and Management Act Summary Judgment RCFC 56 Illegal Exaction Voluntary Payment Doctrine Anti-Windfall Doctrine Class Action Certification RCFC 23 Definition of Class Conflict of Interest.

REPORTED OPINION denying Plaintiff's Motion for Summary Judgment granting [38] Defendant's Cross-Motion for Summary Judgment. The Clerk is directed to enter judgment in accord with this disposition. No costs. Signed by Judge Charles F. Lettow.

REPORTED OPINION. Signed by Senior Judge Nancy B. Firestone.

REPORTED OPINION. Signed by Judge Mary Ellen Coster Williams.

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

REPORTED ORDER STAYING PROCEEDINGS FOR THIRTY DAYS Status Report due by 5/19/2017. Signed by Chief Judge Susan G. Braden.

REPORTED OPINION denying the defendant's and defendant-intervenor's motions to dismiss, denying plaintiff's motion for judgment on the administrative record, and granting defendant's and defendant-intervenor's motions for judgment on the administrative record. Signed by Judge Elaine D. Kaplan.

JUDGE VACCINE REPORTED OPINION re: Order on Motion for Review, Judge Vaccine Unreported Opinion. Signed by Judge Patricia E. Campbell-Smith.

REPORTED ORDER on MOTION to Dismiss MOTION to Dismiss pursuant to Rule 12(b)(1) filed by USA, [51] MOTION to Dismiss Plaintiff's Complaint and to Vacate the Temporary Restraining Order and Related Stay filed by PREMIERE CREDIT OF NORTH AMERICA, LLC, [79] MOTION for Preliminary Injunction filed by PIONEER CREDIT RECOVERY, INC., [7] MOTION for Preliminary Injunction MOTION for Temporary Restraining Order filed by CONTINENTAL SERVICE GROUP, INC., [83] MOTION for Preliminary Injunction (Renewed) filed by CONTINENTAL SERVICE GROUP, INC. ( Status Report due by 5/19/2017). Signed by Chief Judge Susan G. Braden.

UNREPORTED ORDER. Signed by Chief Judge Susan G. Braden.

REPORTED OPINION denying Motion for Summary Judgment granting [22] Motion for Summary Judgment. The Clerk is directed to enter judgment. Signed by Judge Marian Blank Horn.

REPORTED OPINION (Status Report due by 6/12/2017) granting in part and denying in part Motion to Dismiss and for Summary Judgment. Signed by Judge Margaret M. Sweeney.

REPORTED OPINION - Redacted Opinion and Order denying Motion for Judgment on the Administrative Record denying [25] Motion to Supplement the Administrative Record granting [27] Cross Motion. Signed by Judge Elaine D. Kaplan.

REPORTED ORDER denying Motion to Dismiss - Rule 12(b)(1). This case is stayed until August 31, 2017, to provided Plaintiffs an opportunity to present their claim for a breach of the duty of good faith and fair dealing to a United States Army Corps of Engineers Contracting Officer for a final decision.. Signed by Chief Judge Susan G. Braden.

REPORTED OPINION granting Motion for Attorney Fees The Clerk is directed to enter judgment. Signed by Chief Judge Susan G. Braden.

REPORTED OPINION and ORDER of the court's OPINION and ORDER issued under seal on 3/31/2017. Signed by Judge Patricia E. Campbell-Smith.

JUDGE VACCINE REPORTED OPINION re: Order on Motion for Review, Judge Vaccine Reported Opinion Signed by Senior Judge Eric G. Bruggink. (jpk1) Copy to parties.

REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1). The Clerk is directed to enter judgment. Signed by Judge Elaine D. Kaplan.

REPORTED OPINION and ORDER granting Motion to Remand denying, as moot, [35] Motion for Judgment on the Administrative Record staying the case pending the results of the remand and directing defendant to file a status report every 90 days during the pendency of the remand, regarding the progress of proceedings before the Board. Signed by Judge Charles F. Lettow. (dls) Copy to parties. (Plaintiff served via certified mail Article No. 7016 3010 0000 4308 2818)

REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1) finding as moot [11] Motion for TRO finding as moot [11] Motion for Preliminary Injunction finding as moot [12] Motion finding as moot [17] Motion to Appoint Counsel. The case is dismissed and the Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler.

REPORTED ORDER granting Motion to Stay. The clerk's office is directed to stay this matter until further order of the court. The parties are directed to file a joint status report within 14 days of the Federal Circuit's issuance of an opinion in Land of Lincoln Mutual Health Ins. Co. v. U.S. (17-1224) and Moda Health Plan, Inc. v. U.S. (17-1994). Signed by Judge Patricia E. Campbell-Smith.

REPORTED ORDER denying Motion for TRO denying [5] Motion for Preliminary Injunction. Proposed schedule due by 6/5/2017. Signed by Senior Judge Nancy B. Firestone.

REPORTED OPINION granting Motion for Settlement granting [21] Motion for Settlement Signed by Chief Judge Susan G. Braden.

JUDGE VACCINE REPORTED OPINION re: Order on Motion for Review, Judge Vaccine Order/Opinion. DOCKETED FOR ADMINISTRATIVE PURPOSES Signed by Judge Lydia Kay Griggsby.

UNREPORTED ORDER. Signed by Chief Judge Susan G. Braden.

UNREPORTED ORDER. Signed by Chief Judge Susan G. Braden.

REPORTED ORDER regarding the attorney's fees plaintiffs incurred filing and litigating their motion to compel. Signed by Judge Margaret M. Sweeney.

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

REPORTED OPINION--Filed this date. The Clerk is directed to enter judgment. Signed by Senior Judge Robert H. Hodges, Jr.

REPORTED OPINION granting Motion for Partial Summary Judgment. The Clerk is directed to enter judgment dismissing plaintiffs' claim to recover NRC fees. Signed by Judge Patricia E. Campbell-Smith.

REPORTED ORDER granting Motion to Strike and denying [35] Cross-Motion Seeking Leave to Amend Invalidity Contentions. Signed by Senior Judge Eric G. Bruggink. (jpk1) Copy to parties.

REPORTED OPINION. Signed by Judge Victor J. Wolski.

REPORTED ORDER reflecting no redactions from the opinion and order previously entered under seal on June 12, 2017. Signed by Judge Charles F. Lettow.

REPORTED OPINION. Signed by Judge Thomas C. Wheeler.

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

REPORTED OPINION. Signed by Judge Marian Blank Horn.

REPORTED OPINION. Signed by Judge Lydia Kay Griggsby.

REPORTED OPINION denying Plaintiffs' Motion for Summary Judgment granting [28] Defendant's Cross-Motion. The Clerk is directed to enter judgment. No costs. Signed by Senior Judge Eric G. Bruggink.

REPORTED ORDER granting Motion for Leave to File granting [118] Motion for Leave to File. Signed by Chief Judge Susan G. Braden.

REPORTED ORDER denying Motion to Dismiss. Signed by Chief Judge Susan G. Braden.

REPORTED OPINION. Signed by Judge Marian Blank Horn.

REPORTED OPINION. Signed by Judge Lydia Kay Griggsby.

REPORTED ORDER denying Motion to Dismiss - Rule 12(b)(6). Signed by Senior Judge Loren A. Smith.

REPORTED OPINION approving settlement agreement. The clerk is directed to enter judgment. Signed by Judge Margaret M. Sweeney. (Attachments: (1) Attachment) Keywords re: Reported Opinion -- Rails-to-Trails Class Action RCFC 23(e) Final Approval of Settlement Agreement.

REPORTED OPINION denying Motion to Dismiss - Rule 12(b)(6). Signed by Judge Elaine D. Kaplan.

REPORTED ORDER deferring ruling on Motion for Bill of Costs deferring ruling on [90] Motion for Attorney Fees. Plaintiff's application for bid preparation and proposal costs and motion for attorneys' fees and related nontaxable expenses are SUSPENDED pending the resolution of the government's appeal from the court's denial of its motion for relief from judgment. The parties are ordered to file a joint status report with the court within ten days after the Federal Circuit renders a decision in that appeal. Signed by Judge Charles F. Lettow.

REPORTED OPINION. Signed by Judge Thomas C. Wheeler.

REPORTED MEMORANDUM OPINION AND ORDER granting Motion for Remand filed by USA. Joint Status Report due by 7/14/2017. Notice of Compliance due by 12/15/2017. Signed by Judge Lydia Kay Griggsby.

REPORTED OPINION and ORDER granting Motion for Summary Judgment denying [15] Motion for Summary Judgment The Clerk is directed to enter judgment. Signed by Judge Charles F. Lettow. [USPS Certified Mail Tracking 7017 1450 0000 1346 0188]

REPORTED OPINION and ORDER denying Motion for Summary Judgment granting [36] Cross Motion. The parties are directed to confer regarding the effect of the legal conclusions in this opinion and to file a JOINT STIPULATION as to the claims that remain viable in this case. As part of the stipulations, the parties shall identify for the court the number and nature of the conveyances involved in each claim. The parties shall file the joint stipulations on or before 7/28/2017. Also on or before 7/28/2017, the parties shall file a JOINT PROPOSED SCHEDULING ORDER to govern future proceedings in this case. That schedule shall specifically account for submissions from the parties addressing the effect of the Caquelin federal circuit decision (Case No. 16-1663) on the issues in this case. Signed by Judge Patricia E. Campbell-Smith.

REPORTED OPINION granting Motion for Summary Judgment denying [88] Cross-Motion for Summary Judgment denying [105] Motion to Strike. The Clerk is directed to enter judgment. Signed by Senior Judge Loren A. Smith.

REPORTED Opinion and Order on Plaintiffs' MOTION for Settlement granting [285] Motion for Settlement. The Clerk is directed to enter final judgment on this opinion and on the opinions issued on in this matter 8/23/2007 (ECF NREPORTED Opinion and Order on [285] Plaintiffs' MOTION for Settlement granting [285] Motion for Settlement. The Clerk is directed to enter final judgment on this opinion and on the opinions issued on in this matter 8/23/2007 (ECF No. [42]) 4/28/2014 (ECF No. [212]) and 8/31/2015(ECF No. [242]). Signed by Judge Patricia E. Campbell-Smith. (TQ) Copy to parties.o. [42]) 4/28/2014 (ECF No. [212]) and 8/31/2015(ECF No. [242]). Signed by Judge Patricia E. Campbell-Smith.

MEMORANDUM OPINION re: granting Motion for Summary Judgment. The Clerk is directed to enter judgment. Signed by Chief Judge Susan G. Braden. (dw) Copy to parties. [Sent via certified mail: 7017 1450 0000 1346 0225]

REPORTED OPINION denying Defendant's Motion for Summary Judgment granting in part and denying in part [15] Plaintiff's Cross Motion for Partial Summary Judgment. Status Report due by 8/21/2017. Signed by Judge Elaine D. Kaplan.

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