USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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15-885 • NOVA GROUP/TUTOR-SALIBA v. USA

Filed 07/22/2016
REPORTED OPINION denying in part and granting in part Motion to Transfer. Telephonic status conference set for 9/15/2016 at 11:00 a.m. E.D.T. Signed by Judge Mary Ellen Coster Williams. (TF3) Copy to parties.

Keywords: re: Contract Disputes Act, 41 U.S.C. § 7101 et seq; Transfer; Time Limit for Appealing Contracting Officers Decision; Time-Barred Appeal; Waiver of Sovereign Immunity. (TF3)

14-437 • BRASS v. USA

Filed 07/22/2016
REPORTED OPINION granting in part and denying in part Motion for Attorney Fees. Proposed final judgment due by 8/31/2016. Signed by Senior Judge Nancy B. Firestone.

Keywords: re: Order on Motion for Attorney Fees; Reported Opinion; Equal Access to Justice Act, 28 U.S.C. § 2412; Government Position Not Substantially Justified; Reasonable Attorney Fees; Multiple Attorneys

15-794 • SPENGLER v. USA

Filed 07/19/2016
REPORTED OPINION and ORDER granting Motion to Dismiss - Rule 12(b)(1). The Clerk is directed to enter judgment. Signed by Judge Elaine D. Kaplan.

Keywords: re: Pro Se Plaintiff; Motion to Dismiss for Lack of Subject Matter Jurisdiction; RCFC 12(b)(1); Trusts; 31 U.S.C. § 1321; Transfer; 29 U.S.C. § 1631.

16-353 • DYNAMIC SYSTEMS TECHNOLOGY, INC. v. USA

Filed 07/18/2016
REPORTED OPINION Denying Plaintiff's Motion for Judgment on the Administrative Record and Granting Defendant's Motion for Judgment on the Administrative Record. Signed by Judge Elaine D. Kaplan.

Keywords: re: Reported Opinion; Post-Award Bid Protest; Judgment on the Administrative Record; Technical Evaluation; Past Performance Evaluation; Best-Value Determination.

12-384 • KATZIN et al v. USA

Filed 07/15/2016
REPORTED OPINION: The court finds that the plaintiffs have suffered a permanent physical taking of their property interests for which just compensation is due. The court awards the plaintiffs $610,962.97, measured by the size of the property taken (10.31 cuerdas or 10.01 acres) multiplied by a per-cuerda property value of $59,259.26. The court also awards interest on that amount at the rate of return reflected by the Moody's Long-Term Aaa Corporate Bond Index, compounded quarterly, from June 22, 2006 to the date the judgment is actually paid. Final judgment to this effect shall be issued under RCFC 54(b) because there is no just reason for delay. The clerk shall enter final judgment as specified. Signed by Judge Charles F. Lettow. (aj) (Main Document 142 replaced on 7/18/2016)at request of chambers

Keywords: re: Reported Opinion: Post-trial decision, alleged taking of a parcel of land on Culebra Island, Puerto Rico; standards for taking; ownership of property under Puerto Rican law; the government's claims of ownership; interference with and appropriation of plaintiffs' property interests; measure of just compensation.

15-1448 • ANCHOR TANK LINES, LLC et al v. USA

Filed 07/15/2016
REPORTED OPINION denying Motion to Dismiss - Rule 12(b)(1) and (6); granting [9] Motion to Intervene. The New York Oil Heating Fund's complaint as intervening plaintiff, proffered with is motion to intervene, is deemed to be filed as of the date of this decision. The government is requested to file its answers to plaintiffs' and plaintiff-intervenor's complaints by August 31, 2016. Signed by Judge Charles F. Lettow.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1) and (6), Order on Motion to Intervene, Reported Opinion: Action for breach of contract; subject matter jurisdiction under the Tucker Act, 28 U.S.C. § 1491(a); dispute over capacity of the government as a signatory to the contract; contractual claims not subject to the Contract Disputes Act; intervention as of right; RCFC 24(a).

15-1139 • HADDAD v. USA

Filed 07/14/2016
REPORTED OPINION denying Motion to Dismiss - Rule 12(b)(1). Show Cause due by 8/30/2016. Signed by Judge Susan G. Braden.

Keywords: re: Patent Infringement; Rule 12(b)(1) of the Rules of the United States Court of Federal Claims (Subject Matter Jurisdiction).

16-26 • NESSELRODE v. USA

Filed 07/13/2016
REPORTED OPINION and ORDER granting Motion for Leave to Proceed in forma pauperis; denying as moot [12] Motion for Entry of Judgment under Rule 54(b); granting [13] Motion to Dismiss - Rule 12(b)(1) and (6); denying as moot [15] Motion to Strike ; and denying [21] Motion to Amend/Correct. The Clerk is directed to enter judgment. Signed by Judge Margaret M. Sweeney. (dls) Copy to parties. ((USPS Tracking Number 9114 9011 8986 6061 4450 89)

Keywords: re: Tucker Act; 28 U.S.C. § 1491; Pro Se Plaintiff; Motion to Dismiss; RCFC 129b)(1); RCFC 12(b)(6); Res Judicata; Civil Fraud; Student Loan Default.

16-507 • ROBINSON v. USA

Filed 07/12/2016
REPORTED Order dismissing plaintiff's complaint for lack of jurisdiction. The Clerk is directed to enter judgment. Signed by Chief Judge Patricia E. Campbell-Smith. (dls) Copy to parties. (USPS Tracking Number 9114 9011 8986 6061 4450 72)

Keywords: re: Pro Se Complaint; Dismissal for Lack of Subject Matter Jurisdiction; Claim for constitutional violations; Not in Interest of Justice to Transfer Under 28 U.S.C. § 1631.

12-759 • SECURIFORCE INTERNATIONAL AMERICA, LLC v. USA

Filed 07/12/2016
REPORTED Opinion. Signed by Judge Marian Blank Horn.

15-1017 • MEYER v. USA

Filed 07/07/2016
REPORTED OPINION: The government's motion for judgment on the administrative record, ECF No. 21, is GRANTED. Plaintiff's cross-motion for judgment on the administrative record, ECF No. 23, is DENIED. The clerk is directed to enter judgment in accord with this disposition. Signed by Judge Charles F. Lettow.

Keywords: Military pay and disability claim; administrative separation based on nonjudicial conviction for malingering notwithstanding a referral by a Medical Evaluation Board to a Physical Evaluation Board; application of Army Regulations 635-40 and 635-200

14-687 • AVIATION & GENERAL INSURANCE COMPANY, LTD. et al v. USA

Filed 07/07/2016
REPORTED OPINION granting Defendant's Motion for Summary Judgment; denying [48] Plaintiffs' Cross Motion for Summary Judgment. The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler.

Keywords: re: Fifth Amendment Taking Claim; Presidents Termination of Lawsuits Against Libya; Foreign Claims Settlement Commission; Penn Central Factors; Analysis of Investment Backed Expectations and Economic Impact; Summary Judgment Based Upon Stipulated Facts.

15-28 • STANWYCK v. USA

Filed 07/05/2016
REPORTED MEMORANDUM OPINION and ORDER granting Motion to Dismiss - Rule 12(b)(1). The Clerk is directed to enter judgment. Signed by Judge Victor J. Wolski.

Keywords: re: Motion to dismiss, RCFC 12(b)(1); bankruptcy trustee bonds, 11 U.S.C. § 322; no contract based on statutes and regulations; no jurisdiction over criminal matters; Joshua v. United States; RICO, 18 U.S.C. § 1961 et seq.; no money-mandating laws identified.

16-78 • PHOENIX MANAGEMENT, INC. v. USA

Filed 06/30/2016
REPORTED OPINION--Filed this date. Signed by Senior Judge Bohdan A. Futey.

Keywords: re: Pre-Award Bid Protest; Historical Cost Information; Past Performance Evaluation; Lowest-Priced Technically Acceptable Offeror; Injunctive Relief; Motion To Strike Declaration.

14-457 • BYRNE v. USA

Filed 06/30/2016
REPORTED Order REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1) The Clerk is directed to enter judgment. Signed by Judge Susan G. Braden. (ej) Copy to parties.REPORTED Order REPORTED OPINION granting [23] Motion to Dismiss - Rule 12(b)(1) The Clerk is directed to enter judgment. Signed by Judge Susan G. Braden.

Keywords: re: Full Payment Rule; 26 U.S.C. § 6320 (Notice and Opportunity for Hearing upon Filing of Notice of Lien); 26 U.S.C. § 6330 (Notice and Opportunity for Hearing Before Levy); 26 U.S.C. § 6511(a) (Period of Limitation on Filing Tax Refund Claim); 26 U.S.C. § 6532(a)(1) (Two-Year Statute of Limitations on Tax Refund Suits); 26 U.S.C. § 6532(a)(4) (Reconsideration After Mailing of Notice of Disallowance); 26 U.S.C. § 6672 (Failure to Collect and Pay Over Tax, or Attempt to Evade or Defeat Tax); 26 U.S.C. § 7422(a) (Civil Actions for Refund); Rule 12(b)(1) of the Rules of the United States Court of Federal Claims (Subject Matter Jurisdiction).

15-1122 • SQUIRES v. USA

Filed 06/30/2016
REPORTED MEMORANDUM OPINION and FINAL ORDER granting Motion to Dismiss - Rule 12(b)(1). The Clerk is directed to enter judgment. Signed by Judge Susan G. Braden.

Keywords: re: Military Pay Act, 37 U.S.C. § 204; 28 U.S.C. § 2501 (Time for Filing Suit); RCFC 12(b)(1) (Subject Matter Jurisdiction).

16-152 • ULTIMATE CONCRETE, LLC v. USA

Filed 06/30/2016
REPORTED OPINION. Signed by Senior Judge Eric G. Bruggink. (jpk1) Copy to parties.

Keywords: re: Reported Order: Post-Award Bid Protest; Independent Government Estimate; Unbalanced Bid; Responsiveness; Modification of Bid; Anti-Deficiency Act; Advanced Payment.

15-1482 • SIMMONS v. USA

Filed 06/27/2016
REPORTED OPINION and ORDER granting Motion to Dismiss - Rule 12(b)(1). The Clerk is directed to enter judgment dismissing plaintiff's complaint. No costs. Signed by Judge Margaret M. Sweeney.

Keywords: re: Tucker Act; 28 U.S.C. § 1491; Pro Se Plaintiff; Motion to Dismiss; RCFC 12(b)(1); Tax Refund Claim; Full Payment Rule; Wrongful Levy Claim; 26 U.S.C. § 7426.

06-167 • OTAY MESA PROPERTY L.P. et al v. USA

Filed 06/27/2016
REPORTED OPINION granting in part and denying in part Motion for Bill of Costs. Signed by Judge Thomas C. Wheeler.

Keywords: re: Taxation of Costs; Fees of the Clerk; Fees of the Reporter for Trial Transcripts; Fees for Witnesses; Costs for Duplication of Papers; Costs Incident to Taking Depositions; Other Costs; Downward Reduction for Limited Success.

15-1583 • ALFORD v. USA

Filed 06/23/2016
(Re-Docketed for Administrative Purposes Only) REPORTED ORDER: Granting in part with regard to the back pay claim but otherwise Denied Motion to Dismiss - Rule 12(b)(1) and (6), and Remanded to the Board for Correction of Naval Records for a period not to exceed six months. The case is stayed pending the results of the remand. Signed by Judge Charles F. Lettow.

Keywords: Military back pay and disability retirement claims;applicability of the six-year statute of limitations set out at 28 U.S.C. § 2501 to the back pay claim; issue preclusion as to that claim; jurisdiction over the disability retirement claim; remand.

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