USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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15-294 • CASARETTI et al v. USA

Filed 02/16/2017
REPORTED ORDER granting Motion to Partially Dismiss - Rule 12(b)(1) and (6). Signed by Judge Victor J. Wolski.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1) and (6), Reported Order FLSA collective action, 29 U.S.C. § 216(b); Federal Air Marshals; Transportation Security Admin.; 49 U.S.C. § 40122(g)(2); Back Pay Act, 5 U.S.C. § 5596; RCFC 12(b)(1), 12(b)(6); overtime pay; prejudgment interest not available.

16-1684 • MUNILLA CONSTRUCTION MANAGEMENT, LLC v. USA

Filed 02/15/2017
REPORTED OPINION denying Plaintiff's motion for judgment on the administrative record, granting Defendant's motion for judgment on the administrative record, and granting Defendant-Intervenor's motion for judgment on the administrative record. Signed by Judge Elaine D. Kaplan.

Keywords: re: Bid Protest; 28 U.S.C. § 1491(b); Standing; Interested Party; Price Analysis; Price Reasonableness; Contract Line Items; Unbalanced Pricing.

16-1576 • LIMCO AIREPAIR, INC. v. USA

Filed 02/15/2017
PUBLIC DECISION (Originally filed: 2/2/2017). Signed by Judge Lydia Kay Griggsby.

Keywords: re: Reported Order: Post-Award Bid Protest; Judgment upon the Administrative Record, RCFC 52.1; Price Realism Analysis; Ex Parte Communication.

12-85 • ADVANCED AEROSPACE TECHNOLOGIES, INC., v. USA

Filed 02/15/2017
REPORTED OPINION granting Motion to Amend Pleadings - Rule 15(b). Signed by Judge Susan G. Braden.

Keywords: re: Assignment of Claims Act, 31 U.S.C. § 3727 (a)(1)(2),(b); Rule of the United States Court of Federal Claims (RCFC) 15(a)(2) (Amendments Before Trial).

16-1071 • ACTIVE NETWORK, LLC v. USA

Filed 02/14/2017
REPORTED OPINION. Remand Report due by 3/8/2017. Signed by Judge Thomas C. Wheeler.

Keywords: re: Post-award Bid Protest; Price Realism Analysis; Disparate Treatment Claim; Past Performance Evaluation; Meaningful Discussions; Protestor's Burden to Show Prejudice; Remand. (ad).

16-589 • BOSTON EDISON COMPANY v. USA

Filed 02/14/2017
REPORTED OPINION granting Motion to Dismiss. Boston Edison's complaint in No. 16-589C is DISMISSED because its claim is not yet ripe. The complaint is dismissed without prejudice and with leave to refile when costs to mitigate DOE's breach of the Standard Contract are incurred on decommissioning activities at Pilgrim. The Clerk is directed to enter judgment in accord with this disposition. No costs. Signed by Judge Charles F. Lettow.

Keywords: re: Claims by buyer and seller of nuclear power plant for damages attributable to breach of a contract to dispose of spent nuclear fuel; unripe nature of seller's claim; dismissal of seller's claim without prejudice, subject to renewal when claim ripens. (MZ)

07-589 • KING et al v. USA

Filed 02/13/2017
REPORTED OPINION (originally filed under seal on 2/1/2017): granting Defendant's Motion for Summary Judgment and denying [154] Plaintiffs' Cross-Motion for Summary Judgment. Signed by Senior Judge Nancy B. Firestone.

Keywords: re: Reported Opinion; Back Pay Act; 5 U.S.C. § 5596; Class Action; FBI Police; 28 U.S.C. § 540C; Cross-Motions for Summary Judgment; RCFC 56.

15-1249 • ABOU-EL-SEOUD v. USA

Filed 02/13/2017
REPORTED OPINION granting Motion to Compel. Signed by Judge Susan G. Braden.

Keywords: re: Rule Of The United States Court Of Federal Claims (RCFC) 30(b)(4) (Notice Of Deposition By Remote Means).

13-834 • MARTIN et al v. USA

Filed 02/13/2017
REPORTED OPINION AND ORDER granting Motion for Partial Summary Judgment, denying [154] Motion for Summary Judgment. On or before March 17, 2017, plaintiffs shall submit a draft of their damages calculations to defendant. On or before March 31, 2017, the parties shall confer and discuss any disagreements as to the calculations. And, on or before April 7, 2017, the parties shall jointly file a statement with the court reporting the results of both the conference and the calculations.Signed by Chief Judge Patricia E. Campbell-Smith. (mp) Copy to parties. Modified on 2/14/2017 - corrected pdf (jt1).

Keywords: re: Order on Motion for Partial Summary Judgment, Motion for Summary Judgment. Cross-Motions for Summary Judgment; RCFC 56(a); Fair Labor Standards Act, 29 U.S.C. §§ 201-219 (2012); Award of Liquidated Damages for Violation of the Fair Labor Standards Act

16-649 • MODA HEALTH PLAN, INC. v. USA

Filed 02/09/2017
REPORTED OPINION denying Motion to Dismiss - Rule 12(b)(1) and (6); granting [9] Cross Motion for Partial Summary Judgment (Status Report due by 3/1/2017). Signed by Judge Thomas C. Wheeler.

Keywords: re: Patient Protection and Affordable Care Act § 1342; Risk Corridors; Presently-Due Money Damages; Ripeness; Chevron Deference; Appropriation Restriction Limiting Statutory Obligation; Judgment Fund; Implied-in-Fact Contract Created by Statute.

16-560 • HARRIS v. USA

Filed 02/09/2017
REPORTED OPINION granting in part and denying in part 8 Motion to Dismiss - Rule 12(b)(6); granting 3 Motion for Leave to Proceed in forma pauperis. The Clerk is directed to dismiss the complaint and enter judgment accordingly. Signed by Senior Judge Eric G. Bruggink. [REDOCKETED FOR ADMINISTRATIVE PURPOSES ONLY]

Keywords: re: Military Pay Act, 37 U.S.C. § 204; Absent Without Leave ("AWOL"); 3 7 U.S.C. § 503; Absence Excused as Unavoidable; DOD FinancialManagement Regulation; Pretrial Confinement; Subsequent Conviction; Due Process; Jurisdiction. (ar)Keywords: re: [26] Military Pay Act, 37 U.S.C. § 204; Absent Without Leave ("AWOL"); 3 7 U.S.C. § 503; Absence Excused as Unavoidable; DOD Financial Management Regulation; Pretrial Confinement; Subsequent Conviction; Due Process; Jurisdiction.

16-95 • MURPHY v. USA

Filed 02/08/2017
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(6). The Clerk is directed to enter judgment. Signed by Judge Susan G. Braden. (dw) Copy to parties. Plaintiff's copy forwarded via USPS Certified Mail. Tracking number: 7014 1200 0000 9093 6569.

Keywords: re: Overseas Differentials and Allowances Act, 5 U.S.C. § § 5922, 5923(a); Department of State Standardized Regulations ("DSSR") § § 132.4, 132.11, 136; Department of Defense Instruction ("DoDI") 1400.25, Vol. 1250; Army in Europe Regulation ("AE Reg.") 690-500.592; Rules of the United States Court of Federal Claims ("RCFC") 12(b)(6) (Failure To State Claim), 41(b) (Failure To Prosecute Claim).

16-710 • SYSTEM DYNAMICS INTERNATIONAL, INC v. USA

Filed 02/07/2017
REPORTED OPINION. Signed by Judge Susan G. Braden.

Keywords: re: Reported Opinion 28 U.S.C. § 1491(b) (Bid Protest Jurisdiction);48 C.F.R. 15.305 (Proposal Evaluation);48 C.F.R. 15.306 (Determination Of Competitive Range);48 C.F.R. 15.404-1(Proposal Analysis Techniques);48 C.F.R. 33.103(d) (Procedures Governing Agency Protest);48 C.F.R. 52.222-46 (Evaluation Of Compensation For Professional Employees);Rule of the United States Court of Federal Claims (RCFC) 12(b)(1) (Motion To Dismiss For Lack Of Subject-Matter Jurisdiction).

12-303 • HITKANSUT LLC et al v. USA

Filed 02/06/2017
REPORTED OPINION AND ORDER, reflecting no redactions from the opinion and order previously entered under seal on January 27, 2017. Signed by Judge Charles F. Lettow.

Keywords: re: Post-trial decision in a patent case; 28 U.S.C. § 1498; infringement; patent-eligible subject matter; nonobviousness; enablement; reasonable and entire compensation. (MZ)

15-1266 • FOXX v. USA

Filed 02/06/2017
REPORTED OPINION denying Motion for Directed Verdict; granting [12] Cross Motion for Summary Judgment. The Clerk is directed to enter judgment. Signed by Judge Charles F. Lettow. (vds) Copy to parties. Modified on 2/6/2017 U.S. Postal Service Certified Mail Tracking: 7014 1200 0000 9093 6545

Keywords: Tax refund suit; preparer penalty; l.R.C. §6694(b)

14-1202 • RMA ENGINEERING S.A.R.L v. USA

Filed 02/03/2017
REPORTED OPINION. Signed by Judge Susan G. Braden.

Keywords: re: Rules of the United States Court of Federal Claims (RCFC) 41 (Dismissal of Actions), 83.1 (Withdrawing Counsel).

16-1549 • ECOSYSTEM INVESTMENT PARTNERS v. USA

Filed 02/03/2017
REPORTED OPINION. Signed by Senior Judge Eric G. Bruggink.

Keywords: re: Reported Order: Bid Protest; Standing; Waiver; 28 U.S.C. § 1491(b)(1); Interested Party; Prospective Bidder. (WT)

16-700 • THE ESTATE OF JASON ALLEN SMALLWOOD v. USA

Filed 02/02/2017
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1). The Clerk is directed to enter judgment. Signed by Judge Charles F. Lettow.

Keywords: re: Suit for breach of contract by estate of military serviceman wounded on active duty who later died by his own hand; motion to dismiss for lack of subject matter jurisdiction. (MZ)

16-682 • SOLOWAY v. USA

Filed 01/31/2017
REPORTED MEMORANDUM OPINION granting Motion to Dismiss - Rule 12(b)(1), and denying [7] Motion to Continue. The Clerk is directed to enter judgment. Signed by Judge Susan G. Braden. (dls) Copy to parties. (Plaintiff served via certified mail; Article No. 7014 1200 0000 9093 6446)

Keywords: re: 11 U.S.C. § 727 (Discharge of Debtor); 12 U.S.C. § 4617(a) (Housing and Economic Recovery Act); 28 U.S.C. § 1491 (Tucker Act Jurisdiction); Michigan Complied Laws ("MCL") § 600.3204 (Foreclosure); Rules of the United States Court of Federal Claims ("RCFC") 12(b)(1) (Subject Matter Jurisdiction); RCFC 56(d) (Facts Unavailable to Non-Movant in Summary Judgment).

10-244 • BASR PARTNERSHIP et al v. USA

Filed 01/31/2017
REPORTED MEMORANDUM OPINION and FINAL ORDER granting, in part, Motion for Attorney Fees The Clerk is directed to enter judgment. Signed by Judge Susan G. Braden. (pt) Copy to parties.REPORTED MEMORANDUM OPINION and FINAL ORDER granting, in part, [61] Motion for Attorney Fees The Clerk is directed to enter judgment. Signed by Judge Susan G. Braden.

Keywords: re: 26 U.S.C. §§ 6223 (Notice To Partners Of Proceedings), 6226 (Tax Equity And Fiscal Responsibility Act Of 1982), 7430 (Awarding Of Costs And Certain Fees), 7522 (Content Of Tax Due); 28 U.S.C. § 2412 (Equal Access To Justice Act); Treas. Reg. §§ 301.74301 (Exhaustion Of Administrative Remedies), 301.74304 (Reasonable Administrative Costs), 301.74305 (Prevailing Party); TEX. BUS. ORG. CODE ANN. §§ 11.051, 11.055, 152.002, 152.703, 152.704, 152.705, 152.708;TEX. PROP. CODE ANN. § 113.019.

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