USCFC General Jurisdiction-Reported

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10-141 • JASMINE INTERNATIONAL TRADING & SERVICE, CO. W.L.L v. USA

Filed 16 hours 6 min ago
REPORTED OPINION denying Motion to Dismiss - Rule 12(b)(1) and (6). Signed by Judge Mary Ellen Coster Williams. (TF3) Copy to parties.

Keywords: re: Contract Disputes Act, 41 U.S.C. § 601 et seq. ; Common-Law Fraud Counterclaim; Failure to State a Claim Upon Which Relief Can Be Granted, Rule 12(b)(6); Alleged Nexus Between Fraud and Contract Awards. (TF3)

14-1038 • ELECTRONIC ON-RAMP, INC. v. USA

Filed 03/30/2015
REPORTED OPINION. Signed by Judge Elaine D. Kaplan.

Keywords: re: Reported Opinion. Post-award bid protest; Best-Value Procurement; FAR Part 15; Deficiency; FAR 15.001

14-1164 • MONTEREY CONSULTANTS, INC. v. USA

Filed 03/26/2015
REPORTED OPINION. Signed by Senior Judge Eric G. Bruggink. (jpk1) Copy to parties. (Main Document 34 replaced on 3/27/2015 to include keywords in pdf)

Keywords: re: Reported Opinion. Bid protest; Corrective action; Recision of award; Organized conflict of interest.

14-937 • DOURANDISH v. USA

Filed 03/25/2015
REPORTED OPINION AND ORDER granting Motion to Dismiss - Rule 12(b)(1) The Clerk is directed to enter judgment. Signed by Judge Charles F. Lettow. (ac7) Copy to parties.

Keywords: Order on Motion to Dismiss - Rule 12(b)(1), Reported Opinion: Dispute over allowance of deferred compensation costs claimed under a cost-plus-fixed-fee contract; jurisdiction; privity of contract; third-party beneficiary of a contract; constitutional and civil rights claims

09-648 • SUTTON et al v. USA

Filed 03/19/2015
REPORTED OPINION granting Motion for Fees; granting [119] Joint Motion to Approve Settlement. The Clerk is directed to enter judgment. Signed by Judge Nancy B. Firestone.

Keywords: Rails-to-Trails; Class Action; Final Approval of Settlement; Final Approval of Class Counsel's Fees

14-705 • HARRISON v. USA

Filed 03/19/2015
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1) The Clerk is directed to enter judgment. Signed by Judge Marian Blank Horn. (dls) Copy to parties. Modified on 3/23/2015 - OCR(jt1).

Keywords: re: Pro Se Plaintiff; Lack of Subject Matter Jurisdiction; Presidential Management Fellows Program.

14-870 • HYPERION, INC. v. USA

Filed 03/18/2015
REPORTED OPINION denying Motion to Dismiss - Rule 12(b)(1); granting [18] Motion for Judgment on the Administrative Record. The government's motion to dismiss under RCFC 12(b)(1) for lack of subject matter jurisdiction is DENIED. The government's motion to dismiss under RCFC 12(b)(6), or alternatively for summary judgment under RCFC 56, is converted into one for judgment on the administrative record under RCFC 52.1 and that motion is GRANTED. The clerk shall enter judgment in accord with this disposition. Signed by Judge Charles F. Lettow.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1) and (6); Order on Motion for Summary Judgment; Reported Opinion; Post-award bid protest; subject matter jurisdiction; conversion of a motion to dismiss or for summary judgment into a motion for judgment on the administrative record; new transactional facts obviating claim preclusion; the International Agreement exception to the Competition in Contracting Act; 10 U.S.C. § 2304(c)(4); FAR § 6.302-4; DFARS § 206.302-4; Defense Security Cooperation Agency Manual

13-161 • SMITH v. USA

Filed 03/17/2015
REPORTED ORDER granting Motion to Amend [1] Complaint pursuant to Rule 15; denying as moot [37] Motion to Dismiss. Defendant's Response to amended complaint due by 3/31/2015. Signed by Judge Victor J. Wolski.

Keywords: re: Motion to Amend Pleadings and Motion to Dismiss - Fair Labor Standards Act, 29 U.S.C. §§ 201219; motion to dismiss, RCFC 12(h)(2)(B); motion for leave to file amended complaint, RCFC 15(a); leave freely given; futility not shown; adequacy of class allegations; effect of amended pleading on pending motions.

07-184 • PEOPLE OF THE STATE OF CALIFORNIA EX REL. EDMUND G. BROWN JR., ATTORNEY GENERAL OF THE STATE OF CALIFORNIA et al v. USA

Filed 03/16/2015
REPORTED ORDER. Signed by Judge Susan G. Braden.

Keywords: re: Cal. Pub. Util. Code §§ 330-398.5;Certification, 28 U.S.C. § 1292(d)(2);Contracts Disputes Act, 41 U.S.C. §§ 60113; Department of Energy Organization Act, 42 U.S.C. §§ 7101, et seq.;Department of Energy Power Marketing Rates Delegation Order Confirmation And Approval, 43 FED. REG. 60,63637;Federal Energy Regulatory Commission;Federal Power Act, 16 U.S.C. §§ 791a et seq.;Judgment on Multiple Claims or Involving Multiple Parties, RCFC 54(b);Jurisdiction;Law-of-the-Case Doctrine;Motion for Reconsideration,RCFC 59;Public Utility Regulatory Policies Act, 16 U.S.C. §§ 2601 et seq.;Standing;Submitting Claims To Contracting Officer,41 U.S.C. § 7103(a)(2), (b)(1).

07-157 • PACIFIC GAS AND ELECTRIC COMPANY et al v. USA

Filed 03/16/2015
REPORTED ORDER. Signed by Judge Susan G. Braden.

Keywords: re: Cal. Pub. Util. Code §§ 330-398.5;Certification, 28 U.S.C. § 1292(d)(2);Contracts Disputes Act, 41 U.S.C. §§ 60113; Department of Energy Organization Act, 42 U.S.C. §§ 7101, et seq.;Department of Energy Power Marketing Rates Delegation Order Confirmation And Approval, 43 FED. REG. 60,63637;Federal Energy Regulatory Commission;Federal Power Act, 16 U.S.C. §§ 791a et seq.;Judgment on Multiple Claims or Involving Multiple Parties, RCFC 54(b);Jurisdiction;Law-of-the-Case Doctrine;Motion for Reconsideration,RCFC 59;Public Utility Regulatory Policies Act, 16 U.S.C. §§ 2601 et seq.;Standing;Submitting Claims To Contracting Officer,41 U.S.C. § 7103(a)(2), (b)(1).

14-544 • CYCENAS v. USA

Filed 03/12/2015
REPORTED ORDER granting Motion to Dismiss - Rule 12(b)(1) and (6). The Clerk is directed to enter judgment. Signed by Judge Marian Blank Horn.

Keywords: re: Pro Se Plaintiff; Lack of Subject Matter Jurisdiction; Failure to State a Claim; Breach of Contract.

14-222 • COMPREHENSIVE COMMUNITY HEALTH & PSYCHOLOGICAL SERVICES, LLC v. USA

Filed 03/12/2015
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1) The Clerk is directed to enter judgment. Signed by Judge Lydia Kay Griggsby.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1), Reported Opinion: Contract Disputes Act (CDA), 41 U.S.C. §§ 7103 and 7104; Motion to Dismiss, Rule 12(b)(1)

14-985 • KELLER v. USA

Filed 03/10/2015
REPORTED OPINION and ORDER granting Motion to Dismiss. The Clerk is directed to enter judgment. No costs. Signed by Judge Margaret M. Sweeney.

Keywords: re: Motion to Dismiss; RCFC 12(b)(1); RCFC 12(b)(6); Military Pay; Request for Reinstatement; Wrongful Discharge; Statute of Limitations; Res Judicata; Claim Preclusion.

14-1070 • LEA v. USA

Filed 03/09/2015
REPORTED OPINION granting Motion for Leave to Proceed in forma pauperis; granting [9] Motion to Dismiss - Rule 12(b)(1); denying [11] Motion to Stay. Case is dismissed. The Clerk is directed to enter judgment. Signed by Judge Margaret M. Sweeney.

Keywords: re: Order on Motion for Leave to Proceed in forma pauperis, Order on Motion to Dismiss - Rule 12(b)(1), Order on Motion to Stay, Reported Opinion. Motion to Dismiss; RCFC 12(b)(1); Motion to Stay Proceedings; Jurisdictional Discovery; Fifth Amendmen Takings; Due Process; Unjust Enrichment; Conspiracy; Duplicative Claims in Two Pending Cases.

12-286 • NORTHROP GRUMMAN SYSTEMS CORPORATION v. USA

Filed 03/09/2015
REPORTED ORDER granting in part and denying in part Motion to Compel. Signed by Senior Judge Eric G. Bruggink. (jpk1) Copy to parties.

Keywords: re: Order on Motion to Compel, Reported Order. Motion to compel; Protective order; Claw back provision; Attorney client privilege; Work product doctrine; Waiver of privilege; Inadvertent waiver; FRE 502.

12-384 • KATZIN et al v. USA

Filed 03/06/2015
REPORTED OPINION and ORDER: The government's motion to strike the declaration of Mr. Dennis Martinez and the Armar title report under RCFC 56(c)(4) is DENIED. The government's motion to dismiss the amended complaint pursuant to RCFC 12(b)(1) is DENIED. The Katzins' claim is not time-barred under 28 U.S.C. § 2501, and the equitable doctrine of laches does not apply to shorten the period for bringing suit. The government's motion for summary judgment under RCFC 56 is DENIED because disputed issues of material fact exist regarding ownership of the relevant land. The parties are requested to provide by 4/2/2015 a plan and schedule for bringing this case to trial. Signed by Judge Charles F. Lettow. (co) (Main Document 61 replaced on 3/9/2015)

Keywords: re: Takings case; alleged interference with, and impairment of marketability of, property; motion to strike; RCFC 56(c)(4); statute of limitations; 28 U.S.C. § 2501; laches; disputed issues of material fact barring summary judgment.

14-1179 • RAYMOND EXPRESS INTERNATIONAL, LLC v. USA

Filed 03/03/2015
REPORTED OPINION (public version of sealed Opinion issued 2/13/2015). Signed by Judge Lynn J. Bush.

Keywords: re: Pre-Award Bid Protest; No Violation of Statute or Regulation; Adequate Market Research; No Ambiguity in Solicitation Price Evaluation Scheme; Rational Test for Price Reasonableness.

14-518 • JEM TRANSPORT, INC. v. USA

Filed 03/02/2015
REPORTED OPINION granting Motion to Dismiss and Motion for Summary Judgment. The Clerk is directed to enter judgment. Signed by Judge Nancy B. Firestone.

Keywords: re: Breach of Contract; Partial Motion to Dismiss; Partial Motion for Summary Judgment; Contract Formation; Offer and Acceptance; Authority to Contract on Behalf of the United States; Contracts Disputes Act; Demand of Sum Certain.

14-1076 • NORTHEAST CONSTRUCTION, INC. v. USA

Filed 02/27/2015
REPORTED OPINION reissuing for publication Opinion and Order. Signed by Judge Margaret M. Sweeney. (kb1)

Keywords: re: Reported Opinion Bid Protest; Motion to Dismiss; Cross-Motions for Judgment on the Administrative Record; One Technically Acceptable Proposal; Solicitation Amendment Issued to Offerors Previously Excluded From the Competition; Challenge to Terms of Solicitation Amendment; Waiver; Blue & Gold Fleet; COMINT Systems; Existence of an Enforceable Contract; Contract Required to Be in Writing

14-423 • E & E ENTERPRISES GLOBAL, INC. v. USA

Filed 02/27/2015
REPORTED OPINION Denying in part as to dismissal of Counts I and II and defendant's request that plaintiff file an amended complaint. Granting in part as to Count III, which is dismissed without prejudice and Count IV which is dismissed with prejudice. Answer due 3/23/2015 as to Counts I and II. Signed by Judge Lynn J. Bush.

Keywords: re: Contracts; Wrongful Termination Claim; Allegations of Bad Faith Conduct by the Government; Whether the Same Claim Was Presented to the Contracting Officer.

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