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Articles by Richard A. Hertling
McMILLAN v. UNITED STATES
NOT FOR PUBLICATION ORDER The plaintiff, proceeding pro se, filed this action on April 19, 2024. He also filed a motion for leave to proceed in forma pauperis.1 The plaintiff did not sign the complaint. Because Rule 11(a) of the Rules of the Court of Federal... Let's get started Welcome to the leading source of independent legal reporting Sign on now to see your case. Or view more than 10 million decisions and orders. Updated daily. Uncompromising quality. Complete, Accurate, Current.
JONES v. UNITED STATES
Corrected MEMORANDUM OPINION On April 1, 2007, Todd Murray, a member of the Ute Tribe, died from a contact gunshot wound to his head inflicted while he was on the Ute Reservation in Utah. The factual question at the heart of this case is simple: who is the more likely person to have shot Mr. Murray... Let's get started Welcome to the leading source of independent legal reporting Sign on now to see your case. Or view more than 10 million decisions and orders. Updated daily. Uncompromising quality.
LAMOUREUX v. UNITED STATE
NOT FOR PUBLICATION ORDER The plaintiff, a resident of Georgia who is jailed in Florida, filed a pro se complaint on January 18, 2024. On January 22, 2024, the complaint was dismissed without prejudice under Rules 12(b)(1) and 12(h)(3) of the Rules of the Court of Federal... Let's get started Welcome to the leading source of independent legal reporting Sign on now to see your case. Or view more than 10 million decisions and orders. Updated daily. Uncompromising quality. Complete, Accurate, Current.
LAMOUREUX v. STATES
NOT FOR PUBLICATION MEMORANDUM OPINION AND ORDER The plaintiff, Justin Andre Lamoureux, a resident of Georgia and an inmate in a Florida jail, proceeding pro se, filed this action on January 18, 2024.1 The complaint was docketed on January 19, 2024. The complaint... Let's get started Welcome to the leading source of independent legal reporting Sign on now to see your case. Or view more than 10 million decisions and orders. Updated daily. Uncompromising quality. Complete, Accurate, Current.
AEGIS-KK/GARDAWORLD FEDER | No. 23-1400C. | 20240105953 | Leagle.com
MEMORANDUM OPINION The plaintiff, Aegis-KK/GardaWorld Federal Africa, a Joint Venture ("GWFA"), is the incumbent contractor providing security services in Kenya to the Department of State ("State"). State issued a solicitation for the continuation of these security services on a lowest priced, technically acceptable... NEVER MISS A DECISION. START YOUR SUBSCRIPTION.
HUGES v. UNITED STATES
NOT FOR PUBLICATION MEMORANDUM OPINION AND ORDER Melvin Louis Huges, proceeding pro se, brought this action on September 25, 2023. The complaint alleges that the federal government infringed the plaintiff's copyright when "IRS special agents intentionally used copyright properties in [a] civil... NEVER MISS A DECISION. START YOUR SUBSCRIPTION.
HENDRICKS v. UNITED STATE
NOT FOR PUBLICATION MEMORANDUM OPINION AND ORDER The plaintiff, Craig Andrew Hendricks, a resident of Kansas, proceeding pro se, filed this action on November 13, 2023. The complaint was docketed on November 21, 2023. The complaint fails to identify a non-frivolous basis for Tucker Act jurisdiction... NEVER MISS A DECISION. START YOUR SUBSCRIPTION.
SEKRI, INC. v. UNITED STA
MEMORANDUM OPINION AND ORDER The plaintiff, SEKRI, Inc. ("SEKRI"), seeks review under Rule 54(d)(1) of the Rules of the Court of Federal Claims ("RCFC") of the Clerk's decision awarding only $907.00 of SEKRI's requested $4,203.77 in costs. SEKRI argues that the Clerk incorrectly determined that the plaintiff... NEVER MISS A DECISION. START YOUR SUBSCRIPTION.
BEAR MOUNTAINSIDE REALTY | No. 23-457. | 20231013c63 | Leagle.com
MEMORANDUM OPINION The plaintiff, Bear Mountainside Realty LLC ("Bear Mountainside") owns an office building in Mountainside, New Jersey, in which the General Services Administration ("GSA") leased office space for the Internal Revenue Service ("IRS") at the time this case was filed. The plaintiff submitted... NEVER MISS A DECISION. START YOUR SUBSCRIPTION.
BOEGLI v. UNITED STATES
NOT FOR PUBLICATION MEMORANDUM OPINION AND ORDER The plaintiff, Jeffrey N. Boegli, filed this action pro se on September 14, 2023. The plaintiff seeks review of a decision of the Board for Correction of Naval Records declining to bar recoupment of an enlistment bonus the plaintiff had received... NEVER MISS A DECISION. START YOUR SUBSCRIPTION.
INTER-TRIBAL COUNCIL OF A
NOT FOR PUBLICATION MEMORANDUM OPINION AND ORDER RICHARD A. HERTLING, Judge. In this Indian breach-of-trust case, the plaintiff, Inter-Tribal Council of Arizona, Inc. ("ITCA"), is a nonprofit consortium organization of federally recognized tribes. The U.S. Department of the Interior ("Interior") administers a trust fund for the benefit of the plaintiff, as required by a congressionally ratified land exchange.
LANCASTER v. UNITED STATE
NOT FOR PUBLICATION MEMORANDUM OPINION AND ORDER RICHARD A. HERTLING, Judge. The plaintiff, Jeremiah D. Lancaster, serves as a Captain in the Army Reserve. The plaintiff brought an action to recover medical, housing, and travel allowances against the United States, acting through the U.S. Army. The case was remanded to the Army Board for Correction of Military Records ("ABCMR"), which had not had the opportunity to evaluate the plaintiff's claims.
D'AGOSTINO v. UNITED STAT
NOT FOR PUBLICATION MEMORANDUM OPINION AND ORDER RICHARD A. HERTLING, Judge. The plaintiff, Steven D'Agostino, proceeding pro se, filed this action on July 3, 2023. The complaint was docketed on July 7, 2023. Concurrent with the complaint, the plaintiff filed an application for leave to proceed in forma pauperis (IFP). The plaintiff appears eligible to proceed in forma pauperis. Accordingly, the motion for leave to proceed in forma pauperis is GRANTED.
BEAR MOUNTAINSIDE REALTY | No. 23-457. | 20230710f65 | Leagle.com
NOT FOR PUBLICATION MEMORANDUM OPINION AND ORDER RICHARD A. HERTLING, Judge. The plaintiff, Bear Mountainside Realty LLC, filed a bid protest on March 31, 2023, against the United States, acting through the General Services Administration ("GSA"), relating to the cancelation of a solicitation for a lease. A schedule for the defendant to file the administrative record and for the parties to file motions for judgment on the administrative record was set.
ALLEN v. UNITED STATES
NOT FOR PUBLICATION MEMORANDUM OPINION AND ORDER RICHARD A. HERTLING, District Judge. The plaintiff, John Dale Allen, proceeding pro se, filed this action on May 25, 2023. The complaint was docketed on June 1, 2023. The complaint fails to identify a non-frivolous basis for Tucker Act jurisdiction over the plaintiff's claims.
GELB v. UNITED STATES
NOT FOR PUBLICATION MEMORANDUM OPINION AND ORDER RICHARD A. HERTLING, Judge. The plaintiff, Bernard Gelb, acting pro se, filed this action against the United States, acting through the Defense Finance and Accounting Services ("DFAS"). The plaintiff alleges that he and DFAS agreed to a Freedom of Information Act ("FOIA") contract, in which the plaintiff agreed to pay a fee in exchange for receipt of documents he requested from DFAS under the FOIA, 5 U.S.C. § 552.
ABACUS TECHNOLOGY CORPORA | Nos. 22-388, 22-453 | 20230213585 | Leagle.com
MEMORANDUM OPINION RICHARD A. HERTLING, Judge. In this pre-award bid protest, the plaintiffs Abacus Technology Corporation ("Abacus") and Valdez International Corporation ("Valdez") challenge their elimination from the Air Force's Integrated Air Force Network Operations and Services II ("IAFNOS-2") procurement.
SEKRI, INC. v. UNITED STA
NOT FOR PUBLICATION* MEMORANDUM OPINION AND ORDER RICHARD A. HERTLING, District Judge. In this pre-award bid protest, the plaintiff, SEKRI, Inc. ("SEKRI"), seeks a temporary restraining order and a preliminary injunction prohibiting the Defense Logistics Agency ("DLA") from awarding a contract for Advanced Tactical Assault Panels ("ATAP") to UNICOR, the trade name of Federal Prison Industries, Inc. ("FPI").
GILHAM v. UNITED STATES
MEMORANDUM OPINION RICHARD A. HERTLING, Judge. The plaintiff, Monti Pavatea Gilham, is an enrolled member of the Blackfeet Indian Tribe. The plaintiff leased Indian trust land on the Blackfeet Reservation in Montana. The plaintiff enrolled her leased trust land under two contracts in the Conservation Reserve Program ("CRP"), a program administered by the Farm Service Agency ("FSA") within the United States Department of Agriculture ("USDA").
DANIELS v. UNITED STATES
MEMORANDUM OPINION RICHARD A. HERTLING, Judge. After a distinguished military career, the plaintiff, Derrick T. Daniels, was involuntarily separated from the United States Army ("Army") in 2012 for adultery and domestic assault. In 2018, the plaintiff sued the United States, acting through the Army, for backpay and disability-retirement pay and allowances. He claims entitlement to this relief due to his allegedly improper separation from the Army.
January Congressional Agenda
The Republican-led Congress and President Trump secured their first significant legislative victory with the December passage of tax reform legislation. Following that success, the GOP passed another temporary funding bill to avert a government shutdown before adjourning for the Christmas-New Year break.
December Congressional Agenda
As has become customary in recent years, members of Congress face a daunting to-do list in the final weeks of 2017. Both chambers are scheduled to be in session through December 15, but the actual adjournment date for the year is likely to be pushed closer to the Christmas holiday or beyond, given the number of must-pass items on the agenda.
The Congressional Agenda for October 2017
In contrast to the September work period, when a number of must-pass measures and a last-ditch (and eventually unsuccessful) effort to repeal the Affordable Care Act topped the congressional agenda, the three-week October session is likely to see Republican leaders in the House and Senate try to advance one of their central policy goals: comprehensive tax reform.
The Congressional Agenda for July 2017
The three-week July work period is set to begin on Capitol Hill this week, with members returning from the Independence Day recess only to resume debate on the same issues that have consumed their attention for the first half of 2017. Health care repeal-and-replace efforts are again front and center as the Senate continues to attempt to cobble together a bill that can secure 50 votes from among the 52 Republican senators.
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