United States Government Publishing Office publisher pbl distributor dst United States United States Court of Federal Claims author aut Government Organization text government publication eng USCOURTS Judicial Publications judicial 2022-06-24 Administrative Office of the United States Courts 2021-02-05 monographic deposited born digital JU 3.2: https://www.govinfo.gov/app/details/USCOURTS-cofc-1_16-cv-00688 P0b002ee1b5e8b675 DGPO 2022-06-24 2022-06-24 USCOURTS-cofc-1_16-cv-00688 machine generated eng fdlp USCOURTS USCOURTS-cofc-1_16-cv-00688 National cofc Federal 4003 1:16-cv-00688 COFC civil 306 Civilian Pay - Overtime Compensation 28:1491 Tucker Act 1:16-cv-00688 https://www.govinfo.gov/app/details/USCOURTS-cofc-1_16-cv-00688 JU 3.2: 1:16-cv-00688;1:16-cv-00688 United States Court of Federal Claims Federal Circuit COFC U.S. Courts author aut MICHAEL HORVATH HORVATH MICHAEL Plaintiff USA USA Defendant USCOURTS USCOURTS-cofc-1_16-cv-00688 National cofc Federal 4003 1:16-cv-00688 COFC civil 306 Civilian Pay - Overtime Compensation 28:1491 Tucker Act REPORTED MEMORANDUM OPINION AND ORDER granting 5 Motion to Dismiss - Rule 12(b)(1) and (6); denying 11 Motion to Strike. The Clerk is directed to enter judgment. Signed by Judge Lydia Kay Griggsby. (atw) Copy to parties. 0 2017-01-24 D09002ee1b5eca9b0 https://www.govinfo.gov/app/details/USCOURTS-cofc-1_16-cv-00688/USCOURTS-cofc-1_16-cv-00688-0 cofc-1_16-cv-00688_0.pdf https://www.govinfo.gov/app/details/USCOURTS-cofc-1_16-cv-00688/USCOURTS-cofc-1_16-cv-00688-0 https://www.govinfo.gov/content/pkg/USCOURTS-cofc-1_16-cv-00688/pdf/USCOURTS-cofc-1_16-cv-00688-0.pdf USCOURTS 1:16-cv-00688; HORVATH v. USA; United States Court of Federal Claims USCOURTS-cofc-1_16-cv-00688-0 0 2017-01-24 REPORTED MEMORANDUM OPINION AND ORDER granting 5 Motion to Dismiss - Rule 12(b)(1) and (6); denying 11 Motion to Strike. The Clerk is directed to enter judgment. Signed by Judge Lydia Kay Griggsby. (atw) Copy to parties. UNREPORTED OPINION: The Court DENIES the defendant's motion for summary judgment (ECF 44) and STAYS the plaintiff's motion for class certification (ECF 42). The parties have 60 days to review their respective records and identify and submit to the Court any other instances, during the years relevant to Mr. Horvaths claim, for which the records indicate that he earned but did not receive § 5542(e) pay. If the Services broader review reflects that Mr. Horvath has received all the overtime pay due to him, the defendant may renew its motion for summary judgment. Until that review is complete, and the defendant determines whether to pursue a renewed motion for summary judgment, the Court will defer a decision on the plaintiffs motion. The parties will file a Joint Status Report by May 26, 2020. Signed by Judge Richard A. Hertling. (ah) Service on parties made. 1 2020-03-25 D09002ee1b5ecaa4a https://www.govinfo.gov/app/details/USCOURTS-cofc-1_16-cv-00688/USCOURTS-cofc-1_16-cv-00688-1 cofc-1_16-cv-00688_1.pdf https://www.govinfo.gov/app/details/USCOURTS-cofc-1_16-cv-00688/USCOURTS-cofc-1_16-cv-00688-1 https://www.govinfo.gov/content/pkg/USCOURTS-cofc-1_16-cv-00688/pdf/USCOURTS-cofc-1_16-cv-00688-1.pdf USCOURTS 1:16-cv-00688; HORVATH v. USA; United States Court of Federal Claims USCOURTS-cofc-1_16-cv-00688-1 1 2020-03-25 UNREPORTED OPINION: The Court DENIES the defendant's motion for summary judgment (ECF 44) and STAYS the plaintiff's motion for class certification (ECF 42). The parties have 60 days to review their respective records and identify and submit to the Court any other instances, during the years relevant to Mr. Horvaths claim, for which the records indicate that he earned but did not receive § 5542(e) pay. If the Services broader review reflects that Mr. Horvath has received all the overtime pay due to him, the defendant may renew its motion for summary judgment. Until that review is complete, and the defendant determines whether to pursue a renewed motion for summary judgment, the Court will defer a decision on the plaintiffs motion. The parties will file a Joint Status Report by May 26, 2020. Signed by Judge Richard A. Hertling. (ah) Service on parties made. REPORTED OPINION that the plaintiffs motion to certify a class is denied. The Court will file an order concurrent with this opinion denying the motion and setting a schedule for further proceedings in the case. Signed by Judge Richard A. Hertling. (agg) Service on parties made. 2 2020-08-13 D09002ee1b5ecaa48 https://www.govinfo.gov/app/details/USCOURTS-cofc-1_16-cv-00688/USCOURTS-cofc-1_16-cv-00688-2 cofc-1_16-cv-00688_2.pdf https://www.govinfo.gov/app/details/USCOURTS-cofc-1_16-cv-00688/USCOURTS-cofc-1_16-cv-00688-2 https://www.govinfo.gov/content/pkg/USCOURTS-cofc-1_16-cv-00688/pdf/USCOURTS-cofc-1_16-cv-00688-2.pdf USCOURTS 1:16-cv-00688; HORVATH v. USA; United States Court of Federal Claims USCOURTS-cofc-1_16-cv-00688-2 2 2020-08-13 REPORTED OPINION that the plaintiffs motion to certify a class is denied. The Court will file an order concurrent with this opinion denying the motion and setting a schedule for further proceedings in the case. Signed by Judge Richard A. Hertling. (agg) Service on parties made. UNREPORTED OPINION granting in part and deferring in part 85 Motion to Strike. The defendant's motion to strike the plaintiff's counsel's motion for attorneys' fees under the EAJA is GRANTED. The defendant's motion to strike the bill of costs is DEFERRED.**VACATED PURSUANT TO 91 ORDER FILED ON 2/12/2021**. If the defendant continues to oppose the plaintiff's counsel's bill of costs, it shall file a supplemental memorandum not to exceed ten (10) pages of text by 2/26/2021. In the event the defendant files a supplemental memorandum on the bill of costs, the plaintiff's counsel may file a reply memorandum not to exceed ten (10) pages of text by 3/8/2021. Signed by Judge Richard A. Hertling. (dhf) Service on parties made. Modified font of text on 2/8/2021 (ead). 3 2021-02-05 D09002ee1b5ecaa49 https://www.govinfo.gov/app/details/USCOURTS-cofc-1_16-cv-00688/USCOURTS-cofc-1_16-cv-00688-3 cofc-1_16-cv-00688_3.pdf https://www.govinfo.gov/app/details/USCOURTS-cofc-1_16-cv-00688/USCOURTS-cofc-1_16-cv-00688-3 https://www.govinfo.gov/content/pkg/USCOURTS-cofc-1_16-cv-00688/pdf/USCOURTS-cofc-1_16-cv-00688-3.pdf USCOURTS 1:16-cv-00688; HORVATH v. USA; United States Court of Federal Claims USCOURTS-cofc-1_16-cv-00688-3 3 2021-02-05 UNREPORTED OPINION granting in part and deferring in part 85 Motion to Strike. The defendant's motion to strike the plaintiff's counsel's motion for attorneys' fees under the EAJA is GRANTED. The defendant's motion to strike the bill of costs is DEFERRED.**VACATED PURSUANT TO 91 ORDER FILED ON 2/12/2021**. If the defendant continues to oppose the plaintiff's counsel's bill of costs, it shall file a supplemental memorandum not to exceed ten (10) pages of text by 2/26/2021. In the event the defendant files a supplemental memorandum on the bill of costs, the plaintiff's counsel may file a reply memorandum not to exceed ten (10) pages of text by 3/8/2021. Signed by Judge Richard A. Hertling. (dhf) Service on parties made. Modified font of text on 2/8/2021 (ead).