SEARS et al v. USA
| CLAUDE SEARS, DONALD E. BRACY, ANNA L. BRACY, O. BERNICE DICKKUT RESIDUARY TRUST, FIRST UNION LLC, CHARLES E. LAKIN REVOCABLE TRUST, DERRICK NEDERHOFF, ROGER L. OSGOOD, GLENDA L. OSGOOD, PROSSER FARMS, INC., WILLIAM L. ROBINSON, CORY J. SCHURMAN, DEANNA L. SCHURMAN and CHARLES WILLIAM STEINFELDT |
| USA |
| 1:2012cv00889 |
| December 18, 2012 |
| United States Federal Claims Court |
| None |
| Charles F. Lettow |
| Taking - Realty |
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Filing
184
UNREPORTED Order. The Clerk is directed to enter judgment. Signed by Senior Judge Charles F. Lettow. (cs)
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Filing
168
REPORTED OPINION and ORDER granting plaintiffs' motion for approval of settlement. The Clerk is directed to enter judgment in the total amount of $3,455,216.13, consisting of $2,237,169.00 in principal and $443,514.16 in interest through December 31, 2017 for prevailing class members, and $541,722.00 in attorneys' fees and $232,810.97 in litigation costs awarded to class counsel pursuant to the Uniform Relocation Act. Interest shall accrue on the total amount of this judgment at the rate of 3.39% from January 1, 2018 through the date of payment by the Department of the Treasury. The judgment is payable to class counsel for distribution to the class according to the terms of this opinion and order a nd the Settlement Agreement. The claims of those class members listed in Exhibit B, admitted at the Fairness Hearing, are dismissed. This opinion and order shall not affect the claims of the members of the trial subclass. Signed by Judge Charles F. Lettow. (je)
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Filing
137
REPORTED OPINION granting in part and denying in part 131 Motion for Reconsideration - Rule 59(a). The court amends its prior decision and the judgment to provide that the following amounts shall be awarded to plaintiffs in the trial subclass: &# 036;90,812.97 (Gould), $48,185.83 (Bradley), $48,018.86 (Mosher), $74,773.09 (Heene), and $124,975.97 (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 as amended pursuant to RCFC 54(b) in the aforestated amounts. Plaintiffs may apply for an award of attorneys' fees and expenses under Se ction 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. (EK)
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Filing
127
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 a mounts. 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. (EK)
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Filing
66
REPORTED ORDER denying 56 Defendant's Motion for Partial Summary Judgment and granting in part and denying in part 63 Plaintiffs' Cross-Motion for Partial Summary Judgment: The rate of return from the Moody's Long-Term Aaa Corporate Bond Index, i.e., 3.39 percent, compounded quarterly, shall be used to determine the interest component of the just compensation due to the subclass plaintiffs beyond February 3, 2016. Signed by Judge Charles F. Lettow.(es)
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Filing
61
REPORTED OPINION Granting 50 Plaintiffs' Motion for Division of Class Into Subclasses, Motion for Trial Setting as to the Angularly-Bisected Agricultural-Property Subclass, and Notice of Partial Withdrawal from Settlement Negotiations. Signed by Judge Charles F. Lettow.(es)
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