USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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13-353 • J. J. POWELL, INC. v. USA

Filed 02/04/2016
REPORTED OPINION granting in part and denying in part Plaintiff's Motion for Summary Judgment AND granting in part and denying in part [36] Defendant's Cross Motion. On or before 3/7/2016, the parties shall FILE a Joint Stipulation for Entry of Judgment which sets forth the parties' determination of the amount, if any, owed by plaintiff to the United States as a result of the court's rulings in this opinion, and shall ATTACH a Proposed Draft Order for the Entry of Judgment. Signed by Judge Lynn J. Bush.

Keywords: re: Order: Gasoline and Diesel Fuel Excise Taxes; 26 U.S.C. §§ 6416, 6427, 6675 (2012); Treas. Reg. §§ 48.6416(b)(2)-3 (1985), 48.6427-9 (as amended in 2000); Failure to Keep Tax Exemption Certificates as Required by Statute and Regulation; No Penalties Because Reasonable Cause for Failure Exists.

93-655 • ANAHEIM GARDENS, et al v. USA

Filed 02/04/2016
REPORTED OPINION: Granting in part and Denying in part Defendant's Motion for Protective Order. Fact discovery for First Wave plaintiffs closes March 7, 2016; expert reports due by March 28, 2016; rebuttal expert reports due by May 12, 2016; expert discovery closes June 13, 2016. Joint Status Report re discovery in non-First Wave plaintiffs due by April 25, 2016. Signed by Chief Judge Patricia E. Campbell-Smith.

Keywords: re: Order on Motion for Protective Order, Reported Opinion, Deposition Discovery; Protective Order; RCFC 26(b); RCFC 26(c)(1); RCFC 30(b)(6)

15-367 • SIMS v. USA

Filed 02/03/2016
OPINION and ORDER. Opinion originally filed under seal on January 14, 2016. Signed by Judge Nancy B. Firestone. (dw1) Copy to parties.

Keywords: re: Bid Protest; Pro Se, Nonresponsibility Determination; Denial of Certificate of Competency; Capability to Perform

15-359 • ROGERS v. USA

Filed 02/01/2016
REPORTED Order on MOTION for Judgment on the Administrative Record, CROSS MOTION and RESPONSE denying Motion for Judgment on the Administrative Record; granting Cross Motion. Status Report due by 3/17/2016 Notice of Compliance due by 4/1/2016. Signed by Judge Elaine D. Kaplan.

15-152 • BEARD et al v. USA

Filed 01/29/2016
REPORTED OPINION granting Motion for Summary Judgment. The Clerk is directed to enter judgment. Signed by Chief Judge Patricia E. Campbell-Smith.

Keywords: re: Order on Motion for Summary Judgment, Reported Opinion Forest Service stewardship, breach of contract, contract interpretation, lost profits, reasonably foreseeable damages

11-236 • DEMODULATION, INC. v. USA

Filed 01/29/2016
REPORTED ORDER denying Motion for Reconsideration. Signed by Judge Thomas C. Wheeler.

Keywords: re: Reported Order on Motion for Reconsideration; Patent Infringement Case; Rule 54 Motion for Reconsideration; Failure to Respond to Discovery Requests; Dismissal of Trade Secret Claims as Sanction Under Rule 37.

15-223 • CARABALLO et al v. USA

Filed 01/29/2016
REPORTED MEMORANDUM OPINION and FINAL ORDER granting MOTION to Dismiss pursuant to Rules 12(b)(1) and (6) filed by USA. The Clerk is directed to enter judgment. Signed by Judge Susan G. Braden. (ms) Copy to parties.REPORTED MEMORANDUM OPINION and FINAL ORDER granting [7] MOTION to Dismiss pursuant to Rules 12(b)(1) and (6) filed by USA. The Clerk is directed to enter judgment. Signed by Judge Susan G. Braden. (ms) Copy to parties.REPORTED MEMORANDUM OPINION and FINAL ORDER granting [7] MOTION to Dismiss pursuant to Rules 12(b)(1) and (6) filed by USA. The Clerk is directed to enter judgment. Signed by Judge Susan G. Braden.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1) and (6), Order Dismissing Case, Reported Opinion, Reported Order, Motion To Dismiss, Rule 12(b)(1) of the Rules of the United States Court of Federal Claims ("RCFC"), RCFC 12(b)(6), Statute of Limitations, 28 U.S.C. § 2501, Tucker Act, 28 U.S.C. § 1346(a)(2), 28 U.S.C. § 1491.

12-889 • SEARS et al v. USA

Filed 01/28/2016
REPORTED ORDER denying 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.

Keywords: Rails-to-trails takings case; class action; interest rate to be applied as part of the otherwise tentatively agreed just compensation for a subclass.

15-664 • NEXAGEN NETWORKS, INC. v. USA

Filed 01/27/2016
REPORTED MEMORANDUM OPINION AND ORDER. Signed by Judge Lydia Kay Griggsby.

Keywords: re: REPORTED MEMORANDUM OPINION AND ORDER: Bid Protest; Tucker Act, 28 U.S.C. § 1491(b); Motion to Dismiss; Rule 12(b)(1); Rule 12(b)(6); Contract Disputes Act, 41 U.S.C. § 7103(a); Task Order; Federal Acquisition Streamlining Act, 10 U.S.C. § 2304c(e).

15-808 • DELLEW CORPORATION v. USA

Filed 01/20/2016
REPORTED ORDER reissuing for publication Order. Signed by Judge Margaret M. Sweeney.

Keywords: re: Bid Protest; Corrective Action; Motion to Dismiss; Mootness; RCFC 12(b)(1).

15-581 • OGUNNIYI v. USA

Filed 01/19/2016
REPORTED ORDER denying Motion for Reconsideration - Rule 59(a). Signed by Judge Marian Blank Horn.

Keywords: re: Pro Se Plaintiff; Motion to Reconsider.

13-1025 • WEEKS v. USA

Filed 01/15/2016
REPORTED OPINION denying MOTION for Summary Judgment filed by USA. Status Report due by 2/16/2016. Signed by Judge Margaret M. Sweeney.

Keywords: re: Order on Motion for Summary Judgment, Reported Opinion - RCFC 56; Summary Judgment; Genuine Issue of Material Fact.

06-30 • RUSSIAN RECOVERY FUND LIMITED v. USA

Filed 01/15/2016
AMENDED REPORTED OPINION. Signed by Senior Judge Eric G. Bruggink. (bz1) Copy to parties.

Keywords: re: Reported Opinion Taxation of partnership; bona fide partnership; 26 U.S.C. § 704; 26 U.S.C. § 721; FPAA; economic substance; step transaction; Culbertson; penalties; reasonable reliance on tax advice

15-348 • KANSAS CITY POWER & LIGHT CO. v. USA

Filed 01/13/2016
REPORTED OPINION denying defendant's Motion to Dismiss pursuant to Rule 12(b)(1). Signed by Judge Margaret M. Sweeney.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1), Reported Order - Contract Disputes Act of 1978; Motion to Dismiss; RCFC 12(b)(1); Contractual Indemnity; Placeway; Breach of Contract; J. Cooper.

15-1197 • US SECURITIES ASSOCIATES, INC. v. USA

Filed 01/12/2016
REPORTED OPINION. Signed by Senior Judge Eric G. Bruggink. (jpk1) Copy to parties.

Keywords: re: Reported Order: Post-award bid protest; fixed price; lowest priced technically acceptable offer; contingent offer; jurisdiction; standing; prejudice.

14-284 • HOLMBERG v. USA

Filed 01/12/2016
REPORTED ORDER on claim construction. Signed by Judge Edward J. Damich. (lp1) Copy to parties.

Keywords:Claim Construction; Markman v. Westview Instruments, Inc., 517 U.S. 370 (1996); Phillips v. AWH Corp., 415 F.3d 1303 (Fed. Cir. 2005).

15-634 • BIAS v. USA

Filed 01/12/2016
REPORTED ORDER granting Motion to Remand, with the case to be remanded to the BCNR for a period not to exceed six months; staying the case pending the results of the remand; and directing defendant to submit status reports every 90 days. Signed by Judge Charles F. Lettow. (dls) Copy to parties and certified copy of the order served on the BCNR.

Keywords: re: Military pay and abatement claim; failure of correction board to address relevant facts; remand.

15-776 • JOHNSON v. USA

Filed 01/12/2016
REPORTED MEMORANDUM OPINION and ORDER granting Motion to Dismiss - Rule 12(b)(1) and (6); denying, as moot, [6] Motion to Appoint Counsel; and granting [3] Motion for Leave to Proceed in forma pauperis, subject to plaintiff's obligation to pay the filing fee in full pursuant to 28 U.S.C. § 1915(b). The Clerk is directed to enter judgment. No costs. Signed by Judge Lydia Kay Griggsby.

Keywords: re: Pro Se; Rule 12(b)(1), Subject-Matter Jurisdiction; Rule 12(b)(6), Failure to State a Claim; 28 U.S.C. § 1915; 28 U.S.C. § 1491(a); 28 U.S.C. § 1346(b)(1); In Forma Pauperis.

15-445 • BOTTOM LINE, INC. v. USA

Filed 01/07/2016
REPORTED ORDER granting Defendant's Partial Motion to Dismiss - Rule 12(b)(6). Signed by Senior Judge Eric G. Bruggink. (jpk1) Copy to parties.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(6), Reported Order: Physical taking; regulatory taking; motion to dismiss; Rule 12(b)(6).

15-1405 • AMIDON, INC. v. USA

Filed 01/07/2016
REPORTED MEMORANDUM OPINION AND ORDER. Signed by Judge Lydia Kay Griggsby.

Keywords: re: REPORTED MEMORANDUM OPINION AND ORDER: The Tucker Act, 28 U.S.C. § 1491(b)(1); Post-Award Bid Protest; Motion for Preliminary Injunction, RCFC 65.

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