USCFC General Jurisdiction-Reported

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18-1805 • DANIELS v. USA

Filed 20 hours 4 min ago
REPORTED OPINION granting the defendant's cross-motion for judgment on the administrative record and denying the plaintiff's motion for judgment on the administrative record in a military pay case. Signed by Judge Richard A. Hertling. (tbss) Service on parties made.

18-523 • WOLFING et al v. USA

Filed 12/02/2022
REPORTED OPINION AND ORDER: Plaintiffs' Second Motion for Leave to File an Amended Complaint is GRANTED. Plaintiffs' proffered Amended Complaint (ECF 96-2) is deemed FILED by leave of the Court. Defendant's [72] Motion for a Second Voluntary Remand to the ABCMR is GRANTED consistent with the instructions specified herein. Pursuant to RCFC 52.2(a), this military pay case is REMANDED to the Secretary of the Army and the ABCMR to consider whether plaintiffs are entitled or otherwise authorized and approved to receive housing allowances or other subsidies consistent with this Opinion and Order as well as other relief specified herein. The Clerk shall SERVE a copy of this Order to the Secretary of the Army and the ABCMR. Signed by Judge Armando O. Bonilla. (ead) Service on parties made. (Main Document 108 replaced on 12/3/2022 to upload corrected pdf.) (dls). (Main Document 108 replaced on 12/6/2022 to upload corrected pdf.)

Keywords: re: Military Pay Housing Allowances under 37 U.S.C § 403; Traveland Transportation Allowances under 37 U.S.C. § 474 (repealed and recodified at 37 U.S.C. § 452)

22-460 • ACCELGOV, LLC. v. USA

Filed 12/02/2022
REPORTED OPINION and ORDER. Unsealed public redacted of the Court's October 25, 2022 Opinion denying [27] Plaintiff's Motion for Judgment on the Administrative Record ("MJAR"); granting [29] Defendant's Cross-MJAR; granting [30] Defendant-Intervenor's Cross-MJAR. Signed by Judge Thompson M. Dietz. (brs) Service on parties made.

Keywords: re: Reported Opinion; Post-Award Bid Protest; Motion for Judgment on the Administrative Record; Unequal Treatment; Unstated Evaluation Criteria; Best-value Tradeoff.

19-1348 • SMITH v. USA

Filed 12/02/2022
REPORTED OPINION AND ORDER granting in part and denying in part MOTION for Conditional Certification and Notice Renewed filed by PETRINA SMITH. Joint Status Report due by 1/9/2023. Signed by Judge Carolyn N. Lerner. (mja) Service on parties made.

Keywords: re: Order on Motion for Miscellaneous Relief; FLSA collective action; conditional certification; notice; equitable tolling; reported opinion

22-1274 • LS3, INC. v. USA

Filed 12/02/2022
REPORTED OPINION AND ORDER. Unsealed public redacted version the Court's October 7, 2022 Opinion denying [3] Plaintiff's Motion for Preliminary Injunction; denying [35] Plaintiff's Motion to Supplement the Administrative Record; deferring ruling on [35] Plaintiff's Motion to Complete the Administrative Record; granting [39] Defendant's Motion to Strike. Signed by Judge Thompson M. Dietz. (brs) Service on parties made.

Keywords: re: Reported Opinion; Bid Protest; Motion for Preliminary Injunction; Motion to Supplement the Administrative Record; Motion to Strike; Likelihood of Success on the Merits; Irreparable Harm.

20-1444 • DRAPER v. USA

Filed 11/30/2022
REPORTED OPINION granting in part and denying in part Motion for Judgment on the Administrative Record and granting in part and denying in part [28] Cross Motion and Response to [21] Motion for Judgment on the Administrative Record. Signed by Judge Edward H. Meyers. (mjd) Service on parties made.

10-263 • WILLIAMS v. USA

Filed 11/30/2022
REPORTED OPINION denying Motion for Judgment on the Administrative Record; and granting [113] Cross Motion for Judgment on the Administrative Record. The Clerk is directed to enter judgment. Signed by Judge Kathryn C. Davis. (gvk) Service on parties made.

22-573 • MICHAEL STAPLETON ASSOCIATES, LTD v. USA

Filed 11/30/2022
REPORTED OPINION. Unsealed public version of SEALED OPINION granting [51] AMK9's Motion for Judgment on the Administrative Record; denying [52] MSA's Motion for Judgment on the Administrative Record; granting in part and deferring in part [53] GK9's Motion for Judgment on the Administrative Record; granting in part and denying in part [56] the government's Motion for Judgment on the Administrative Record; finding as moot [79] Motion to Stay; finding as moot [80] Motion to Expedite; finding as moot [81] Motion for Status Conference; finding as moot [84] Motion for Status Conference. Signed by Judge Ryan T. Holte. (bam) Service on parties made.

Keywords: re: Reported Opinion, [85] Sealed Opinion: Pre-Award Bid Protest; Organizational Conflict of Interest; Mail; USPS; Resolicitation; Bid Protest; Patent Ambiguities; Injunctive Relief; Arbitrary and Capricious; APA; Rational Basis.

20-499 • GILEAD SCIENCES, INC. v. USA

Filed 11/30/2022
REPORTED OPINION (Reissued as Public Version of November 21, 2022 Opinion). Signed by Senior Judge Charles F. Lettow. (eah) Modified on 11/30/2022 to docket text

Keywords: re: Reported Opinion: Alleged breach of contract; post-trial decision on liability; deferral of one issue that will be before a district court in the trial of its closely related patent infringement case.

22-295 • SOLENEX, LLC. v. USA

Filed 11/29/2022
REPORTED ORDER denying as moot Solenex's Motion to Stay; granting [13] the United States' Motion to Dismiss. Signed by Judge Thompson M. Dietz. (sbp) Service on parties made.

Keywords re: Order on Motion to Stay, Order on Motion to Dismiss: Lack of Subject-Matter Jurisdiction; RCFC 12(b)(1); 28 U.S.C. § 1500; Claim preclusion.

22-887 • VANQUISH WORLDWIDE, LLC v. USA

Filed 11/21/2022
REPORTED OPINION (Public Version): DENYING Motion for Judgment on the Administrative Record, filed by Vanquish Worldwide, LLC; GRANTING [26] Motion for Judgment on the Administrative Record, filed by the United States; GRANTING [27] Motion for Judgment on the Administrative Record, filed by Amentum Services, Inc. Signed by Judge Matthew H. Solomson. (ahn) Service on parties made.

21-1897 • NEWIMAR, S.A. v. USA

Filed 11/17/2022
REPORTED OPINION (reissued for publication of SEALED MEMORANDUM AND ORDER denying [67] Plaintiff's Motion to Stay Judgment Pending Appeal). Signed by Judge Eleni M. Roumel. (smh) Service on parties made. (Main Document 74 replaced on 11/18/2022 to attach corrected PDF)

19-694 • CITGO PETROLEUM CORPORATION v. USA

Filed 11/17/2022
REPORTED OPINION AND ORDER granting in part and denying in part MOTION to Dismiss pursuant to Rules 12(b)(1) and (6), filed by USA, and granting in part and denying in part [49] CROSS MOTION for Summary Judgment on Liability and RESPONSE to Motion to Dismiss, filed by CITGO PETROLEUM CORPORATION, OXY USA, INC. The parties shall file a Joint Status Report on or before 12/19/2022 proposing a schedule of further proceedings in this matter. Signed by Judge Carolyn N. Lerner. (mja) Service on parties made.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1) and (6), Order on Cross Motion, Reported Opinion: Contract; Motion to Dismiss; RCFC 12(b)(1); RCFC 12(b)(6); Summary Judgment; Anti-Assignment Act; Liability.

22-1263 • BAE SYSTEMS NORFOLK SHIP REPAIR, INC. v. USA

Filed 11/16/2022
REPORTED OPINION. Signed by Judge Zachary N. Somers. (mpo) Service on parties made.

22-648 • SYSTEMS IMPLEMENTERS, INC. v. USA

Filed 11/15/2022
REPORTED OPINION. ECF No. reissued. Signed by Judge David A. Tapp. (smr) Service on parties made.

22-292 • CONNECTED GLOBAL SOLUTIONS, LLC v. USA

Filed 11/15/2022
REPORTED OPINION. ECF No. reissued. Signed by Judge David A. Tapp. (emc) Service on parties made.

17-1898 • DILLON TRUST COMPANY LLC v. USA

Filed 11/10/2022
**RE-DOCKETED FOR POSTING TO WEBSITE AND WESTLAW** REPORTED OPINION granting in part and denying in part [102] Motion to Dismiss - Rule 12(b)(1) and (6) Signed by Senior Judge Eric G. Bruggink. (tb) Service on parties made.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1) and (6) federal income tax; I.R.C. § 6603 deposits; underpayment interest; interest on deposits; jurisdiction; illegal exaction

22-1628 • HILLS v. USA

Filed 11/10/2022
ORDER DISMISSING CASE: The Clerk is directed to ENTER judgment DISMISSING plaintiff's complaint for lack of subject-matter jurisdiction, pursuant to RCFC 12(h)(3). Signed by Judge David A. Tapp. (krm) Service on parties made. Plaintiff served via U.S. mail on 11.14.22 (ac7).

19-1752 • THE CENTECH GROUP, INC. v. USA

Filed 11/08/2022
REPORTED ORDER granting Defendant's Motion to Dismiss, in Part, Plaintiff's Amended Complaint under Rule 12(b)(1). Signed by Judge Thompson M. Dietz. (sbp) Service on parties made.

Keywords: re: Order on Motion to Dismiss; Lack of Subject-Matter Jurisdiction; RCFC 12(b)(1); Contract Disputes Act; Damages.

15-767 • ACLR, LLC v. USA

Filed 11/02/2022
REPORTED OPINION DISMISSING CASE granting Motion for Summary Judgment. The clerk's office is directed to CANCEL the November 9, 2022 pretrial conference and November 10, 2022 trial in this case. The Clerk is directed to ENTER final judgment in defendant's favor, DISMISSING plaintiff's complaint, with prejudice. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made.

Keywords: re: Reported Opinion; Summary Judgment; RCFC 56; FAR 52.212-4(l); Constructive Termination for Convenience; Standard Record Keeping System. (TQ)

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