USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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17-97 • MOLINA HEALTHCARE OF CALIFORNIA, INC. et al v. USA

Filed 03/24/2017
REPORTED OPINION: The Government's Response to Plaintiffs' motion is due by 4/28/2017. Signed by Judge Thomas C. Wheeler.

Keywords: re: Patient Protection and Affordable Care Act § 1342; Risk Corridors; Motion for Partial Summary Judgment; Request for Stay; Impact of Similar Cases Pending Appeal or Judgment; Briefing Schedule.

16-264 • PARKER v. USA

Filed 03/24/2017
REPORTED OPINION AND ORDER (Originally filed under seal on January 31, 2017). Signed by Judge Margaret M. Sweeney. (ac7) Copy to parties.

15-343 • BAKER v. USA

Filed 03/22/2017
REPORTED OPINION and ORDER denying Motion for Summary Judgment; and granting [39] Cross Motion. The Clerk is directed to enter judgment. No costs. Signed by Judge Thomas C. Wheeler. (dls) Copy to parties. (Plaintiff served via certified mail; Article No. 7014 1200 0000 9093 7061)

Keywords: re: Cross-Motions for Summary Judgment; Claims for Breach of Settlement Agreement; Agency Assessment of Employee Suitability; Failure to Perform a Condition Precedent.

10-359 • GANN v. USA

Filed 03/21/2017
REPORTED ORDER denying Motion for Reconsideration ; (Status Report due by 4/11/2017). Signed by Senior Judge Eric G. Bruggink. (jpk1) Copy to parties.

Keywords: re: Order on Motion for Reconsideration, Reported Order: Reconsideration; 26 U.S.C. § 6672; Trust Fund Taxes; Trust Fund Tax Penalty; Willfulness; Reckless Disregard of a Known or Obvious Risk; Implied Designation.

14-1225 • PROGRESSIVE INDUSTRIES, INC. v. USA

Filed 03/21/2017
REPORTED Public Version of OPINION issued under seal on 2/21/2017 denying Motion for Reconsideration. Signed by Judge Patricia E. Campbell-Smith.

Keywords: re: Reported Opinion. RCFC 59(e); RCFC 60(b). (TQ)

15-764 • LANGKAMP v. USA

Filed 03/20/2017
Memorandum Opinion and Order DENYING plaintiff's motion for partial summary judgment and GRANTING [25] the government's cross-motion for summary judgment. JSR due by 4/20/2017. Signed by Judge Lydia Kay Griggsby.

Keywords: re: Memorandum Opinion and Order: Motion for Summary Judgment; RCFC 56; Breach of Contract; Annuity.

15-380 • KISELIS v. USA

Filed 03/20/2017
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1) and (6) The Clerk is directed to enter judgment. Signed by Judge Mary Ellen Coster Williams. (ac7) Copy to parties.

Keywords: Tax Refund Suit; Valid Tax Return; Valid Refund Claim; 28 U.S.C. §1346; 26 U.S.C. § 7422; 26 U.S.C. § 651l(b)(2)(A); "Look Back" Provision.

16-954 • GODFREY v. USA

Filed 03/20/2017
REPORTED MEMORANDUM OPINION granting in part and denying in part Motion to Dismiss; and denying plaintiff's [10] Motion to Amend and for Third Party Representative.. Signed by Chief Judge Susan G. Braden. (dls) Copy to parties. (Plaintiff served via certified mail; Article No. 7014 1200 0000 9093 6811)

Keywords: re: 28 U.S.C. § 1491 (Tucker Act Jurisdiction); 28 U.S.C. § 1495 (Damages for Unjust Conviction); 28 U.S.C. § 2513 (Claims Against the United States for Unjust Conviction); Breach of Settlement Agreement; Fifth Amendment to the United States Constitution; Rules of the United States Court of Federal Claims ("RCFC") 12(b)(1) (Subject Matter Jurisdiction); RCFC 12(b)(6) (Failure to State a Claim Upon Which Relief Can Be Granted); RCFC 15(a) (Amending Pleadings Before Trial).

16-257 • HINDMAN v. USA

Filed 03/20/2017
REPORTED OPINION Order of Dismissal granting Motion to Dismiss - Rule 12(b)(1) and (6) The Clerk is directed to enter judgment. Signed by Chief Judge Susan G. Braden. (pt) Copy to parties. Modified on 3/21/2017 - corrected minor typographical error (jt1).

Keywords: re: 5 U.S.C. § 5305 (Special Rates Of Pay); 5 U.S.C. § 5596 (Back Pay Act); 5 U.S.C § 5754 (Federal Workforce Flexibility Act of 2004, Retention Bonuses); 28 U.S.C. § 1491 (Tucker Act Jurisdiction); 5 C.F.R §§ 530.301-309 (Special Rates of Pay) 5 C.F.R. §§ 575.301-314 (Retention Incentives);Rules of the United States Court of Federal Claims (RCFC) 12(b)(1), 12(b)(6).

16-1475 • MERCOM, INCORPORATED v. USA

Filed 03/17/2017
REPORTED OPINION, reflecting no redactions from the opinion and order previously entered under seal on March 14, 2017. Signed by Judge Charles F. Lettow.

Keywords: re: Reported Opinion: Post-award bid protest; challenge to agency's technical rating of protester's proposal. (EK)

11-297 • DAVITA INC v. USA

Filed 03/17/2017
REPORTED ORDER. Granting in part motion for clarification. Signed by Judge Mary Ellen Coster Williams.

Keywords: re: Order granting motion for clarification. RCFC 26(c)(1); Protective Order; Redactions; Public Access to Court Documents.

11-275 • BIG OAK FARMS, INC. et al v. USA

Filed 03/17/2017
REPORTED ORDER denying Motion for Partial Summary Judgment; denying [101] Motion for Partial Summary Judgment. Status Report due by 4/7/2017. Signed by Senior Judge Nancy B. Firestone.

Keywords: re: Order on Motion for Partial Summary Judgment,, Reported Order: Fifth Amendment Taking Claims; partial summary judgment; United States v. Sponenbarger, 308 U.S. 256 (1939); Danforth v. United States, 308 U.S. 271(1939); the relative benefits test in flooding cases; governments burden of proof.

16-829 • LEVEL 3 COMMUNICATIONS, LLC v. USA

Filed 03/16/2017
REPORTED OPINION. Signed by Chief Judge Susan G. Braden. (pt) Copy to parties. Modified on 3/20/2017 - minor typographical correction to pdf(jt1).

Keywords: re: Reported Opinion Duty of Candor; ABA Model Rule of Professional Conduct 3.3 (Candor Toward The Tribunal); Rules of the United States Court of Federal Claims (RCFC) 11(b), (c) (Sanctions).

12-208 • GORDON et al v. USA

Filed 03/15/2017
REISSUED OPINION--Filed this date. Signed by Senior Judge Robert H. Hodges, Jr.

Keywords: re: Reissued Opinion--Cross-Motions for Summary Judgment; Gender-based Pay Bias; Yearly Salary-Range Tables; Retention Incentive Pay.

17-129 • THE CONCOURSE GROUP, LLC v. USA

Filed 03/13/2017
REPORTED OPINION. Signed by Judge Thomas C. Wheeler.

Keywords: re: Rule 12(b)(6) Motion to Dismiss; Post-Award Bid Protest; Organizational Conflicts of Interest; Timeliness; Blue & Gold Fleet.

16-477 • MISSISSIPPI COUNTY, MISSOURI, v. USA

Filed 03/10/2017
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(6) The Clerk is directed to enter judgment. Signed by Chief Judge Patricia E. Campbell-Smith.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(6), Reported Opinion; Takings; Motion to Dismiss, RCFC 12(b)(6). (TQ)

15-666 • GOVERNMENT SERVICES CORP. v. USA

Filed 03/09/2017
REPORTED OPINION granting Motion for Extension of Time to Answer. Signed by Judge Susan G. Braden.

Keywords: re: Rules of The United States Court Of Federal Claims (RCFC) 6 (Extending Time), 8 (General Rules Of Pleading), 12 (Defenses And Objections), 15 (Amended and Supplemental Pleadings), 55 (Default Judgment).

12-889 • SEARS et al v. USA

Filed 03/08/2017
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 amounts. 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.

Keywords: re: Reported Opinion: Post-trial determination of the just compensation due in a rails-to-trails case; value of the agricultural land taken for trail use; cost to reclaim; severance damages attributable to "point rows;" no preemption of Iowa statute guaranteeing access to fields otherwise landlocked by the trail. (EK)

17-183 • SIGMATECH, INC. v. USA

Filed 03/07/2017
REPORTED ORDER denying Motion To Request GAO Advisory Opinion. Signed by Judge Susan G. Braden.

Keywords: re: 4 C.F.R. 21.9 (Government Accountability Office Advisory Opinion).

15-946 • MCMANUS v. USA

Filed 03/03/2017
REPORTED ORDER denying Motion for Summary Judgment; denying [19] Motion for Summary Judgment; granting [22] Cross Motion. Signed by Senior Judge Nancy B. Firestone.

Keywords: re: Reported Order; Tax Refund Suit; Summary Judgment; RCFC 56; U.S.-Ireland Tax Treaty.

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