USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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16-362 • NATIONAL AIR CARGO GROUP, INC. v. USA

Filed 08/26/2016
REPORTED ORDER: The opinion previously filed under seal is reissued, showing no redactions. Signed by Judge Charles F. Lettow.

Keywords: re: Post-award bid protest following corrective action; challenge by a successful offeror to addition of another awardee to an IDIQ contract; jurisdiction; standing; "firm offer" rule; "best value" determination (MZ)

15-1279 • ALGESE 2 v. USA

Filed 08/26/2016
REPORTED ORDER on Motion to Stay Judgment Pending Appeal. Signed by Judge Thomas C. Wheeler.

Keywords: re: Motion for Stay Pending Appeal; Factors to be Considered; Analysis of Likelihood of Success on the Merits; Irreparable Harm; Balance of Harms to Government; Effect on Public Interest.

15-1175 • JORDAN v. USA

Filed 08/25/2016
REPORTED OPINION AND ORDER granting Motion to Dismiss - Rule 12(b)(1); granting [3] Motion for Leave to Proceed in forma pauperis. The Clerk is directed to enter judgment. Signed by Judge Margaret M. Sweeney. (ac7) Copy to parties. (Tracking No. 9114 9014 9645 0594 5522 21)

Keywords: re: Motion to Dismiss; Application to Proceed In Forma Pauperis; Pro Se Plaintiff; Procedural Due Process; Federal Rules ofCivil Procedure; 28 U.S.C. § 1331; Constitution of the State of Illinois; "Bivens Action"; Second, Fourth, Fifth, Eighth, and Fourteenth Amendments to the United States Constitution; Lack of Jurisdiction

13-940 • SONOMA APARTMENT ASSOCIATES v. USA

Filed 08/24/2016
REPORTED OPINION denying Motion for Partial Summary Judgment. Signed by Judge Margaret M. Sweeney. (kb1)

Keywords: re: Order on Motion for Partial Summary Judgment, Reported Opinion -- Motion for Partial Summary Judgment on Tax Gross-Up Claim; Breach of Contract for Failure to Allow Prepayment of Loan Balance; Request for Payment to Neutralize Increase in Overall Tax Burden Resulting From Lump-Sum Damages Award

15-1555 • LEE et al v. USA

Filed 08/24/2016
REPORTED OPINION granting Motion to Dismiss - Rules 12(b)(1) and 12(b)(6); finding as moot [17] Motion to Certify Class; finding as moot [23] Motion for Extension of Time to File Reply. The Clerk is directed to enter judgment. No costs. Signed by Judge Charles F. Lettow.

Keywords: re: Claims for civilian pay and breach of contract; Back Pay Act, 5 U.S.C. § 5596; absence of appointment to the civil service; implied contract precluded by an express contract dealing with the same subject; dismissal pursuant to RCFC 12(b)(1) and (6)

14-877 • AGUSTAWESTLAND NORTH AMERICA, INC. v. USA

Filed 08/24/2016
REPORTED MEMORANDUM OPINION and ORDER (Reissuance of Sealed Memorandum Opinion and Order for Publication). Signed by Judge Susan G. Braden.

Keywords: re: Administrative Procedures Act ("APA"), 5 U.S.C. § 706; Bid Protest Jurisdiction, 28 u.s.c. § 1491; Competition In Contracting Act ("CICA"), 10 U.S.C. § 2304(a); 10 U.S.C. § 2305(a)(l); 31 U.S.C. § 3551 et seq.; Deliberative Privilege; Department of Defense Instruction 5000.02 (Operation of the Defense Acquisition System); Federal Acquisition Regulation ("FAR") 6.302-1 (Sole Source Procurement); 6.303 (Justification); 6.304 (Approval of the Justification); l 7.207(f) (Exercise of Options); Rules of the United States Court of Federal Claims ("RCFC") 8(a)(l) (Pleading Requirements); RCFC 12(b)(1) (Jurisdiction); 12(b)(6) (Failure To State A Claim); 12(f) (Motion To Strike); RCFC 15(d) (Supplemental Pleadings); RCFC 52.1 (Administrative Record); 52.2 (Remand); RCFC 65(a) (Preliminary Injunction).

16-110 • BAKARI EL v. USA

Filed 08/19/2016
Docketed for Administrative Purposes REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1) and (6); granting [2] Motion for Leave to Proceed in forma pauperis. No costs. The Clerk is directed to enter judgment accordingly. Signed by Judge Margaret M. Sweeney. (jt1) Copy to parties.

Keywords: re: Motion to Dismiss; Application to Proceed In Forma Pauperis: Pro Se Plaintiff; Collateral Attack of State Court Judgment; Fraud; Mistake; Conspiracy; Trespass; Fifth Amendment Taking; Lack of Jurisdiction

15-1550 • LAWSON ENVIRONMENTAL SERVICES, LLC v. USA

Filed 08/18/2016
REPORTED OPINION. Signed by Judge Mary Ellen Coster Williams. (TF3) Copy to parties.

Keywords: re: Stay Pending Appeal; Rule 62(c); Pass-Fail Responsibility-type Evaluation Factors; Referral to Small Business Administration for Certificate of Competency; Injunctive Relief. (TF3)

16-544 • T.W. LAQUAY MARINE, LLC v. USA

Filed 08/16/2016
REPORTED OPINION AND FINAL ORDER(re-issuance of August 9, 2016 Sealed Memorandum Opinion And Final Order). Signed by Judge Susan G. Braden. (ms) Copy to parties. (Main Document 55 replaced on 8/16/2016)

Keywords: re: Reported Opinion; Administrative Procedures Act, 5 U.S.C. § 706; Bid Protest Jurisdiction, 28 U.S.C. § 1491; Competition In Contracting Act, 10 U.S.C. § 2304(a), 31 U.S.C. § 3551; Federal Acquisition Regulation ("FAR") § 1.403 (Individual Deviations); FAR § 15.101-2 (Lowest Priced Technically Acceptable Source Selection Process); FAR § 15.303(b)(6)(Responsibilities); Rules 52.1 of the Rules of the United States Court of Federal Claims (Administrative Record).

16-316 • HOWELL et al v. USA

Filed 08/15/2016
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1) and (6). The Clerk is directed to enter judgment. Signed by Judge Marian Blank Horn. (dls) Copy to parties. (USPS Tracking No. 9114 9999 4431 3548 1338 00)

Keywords: re: Pro Se Plaintiff; Subject Matter Jurisdiction; Proper Plaintiffs; Proper Defendants; Tort Claims; Criminal Claims; Fraud; Racketeering.

14-1204 • KANE COUNTY, UTAH v. USA

Filed 08/12/2016
REPORTED OPINION--Filed this date denying motion for summary judgment; denying [6] motion to certify class; granting [11] motion to dismiss - Rule 12(b)(6). The Clerk is directed to enter judgment. Signed by Senior Judge Robert H. Hodges, Jr.

Keywords: re: Payment in Lieu of Taxes Act (PILT); Statutory Formulae To Reimburse; Inability To Tax Federal Lands; Budget Control Act of 2011; Taxpayer Relief Act of 2012; Motion To Dismiss for Failure To State a Claim

15-1560 • YANKO v. USA

Filed 08/12/2016
REPORTED MEMORANDUM OPINION AND ORDER granting Motion to Dismiss - Rule 12(b)(6) The Clerk is directed to enter judgment. Signed by Judge Susan G. Braden. (ej) Copy to parties.REPORTED MEMORANDUM OPINION AND ORDER granting [7] Motion to Dismiss - Rule 12(b)(6) The Clerk is directed to enter judgment. Signed by Judge Susan G. Braden.

Keywords: re: 5 C.F.R. § 550.103 (Premium Pay Definitions); 5 C.F.R. § 610.102 (Weekly and Daily Scheduling of Work Definitions); 5 C.F.R. § 610.405 (Holiday for Part-Time Employees on Flexible Work Schedules); 5 U.S.C. § 5546(b) (Holiday Pay); 5 U.S.C. § 5596 (Back Pay Due to Unjustified Personnel Action); 5 U.S.C. § 6101 (Basic 40-Hour Workweek; Work Schedules; Regulations); 5 U.S.C. § 6103 (Holidays); 5 U.S.C. § 6121 (Flexible and Compressed Work Schedules Definitions); 28 U.S.C. § 1491(a)(1) (Jurisdiction); Executive Order No. 11,582 (Holiday Observance); Rule 12(b)(6) of the Rules of the United States Court of Federal Claims (RCFC).

15-153 • STEPHENS et al v. USA

Filed 08/09/2016
REPORTED OPINION: Order of Dismissal, finding as moot Motion to Certify Interlocutory Appeal, and Vacating 12/3/2015 Order [31] and 3/14/2016 Order [41]. The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler. (ar) Copy to parties. **REDOCKETED FOR ADMINISTRATIVE PURPOSES**

Keywords: re: Reconsideration of Defendants Motion to Dismiss; 26 U.S.C. §§ 6511, 7422; Untimely Refund Claim Filed with IRS; Equitable Theories; Last v. United States, 37 Fed. Cl. 1 (1996).

16-149 • JOHNSON v. USA

Filed 08/09/2016
REPORTED OPINION and ORDER denying Motion for Reconsideration - Rule 59(a). Signed by Judge Margaret M. Sweeney. (dls) Copy to parties. (USPS Tracking No. 9114 9014 9645 0594 5522 07)

Keywords: re: Pro Se Plaintiff; Motion for Reconsideration; RCFC 59(e).

16-317 • SOS INTERNATIONAL LLC v. USA

Filed 08/08/2016
REDACTED PUBLISHED OPINION (Reissuance of July 19, 2016 Memorandum Opinion and Order for publication) denying SOSi's motion for judgment upon the administrative record; granting the government's motion to dismiss or, in the alternative, for judgment upon the administrative record; and granting Six3's motion for judgment upon the administrative record. Signed by Judge Lydia Kay Griggsby.

Keywords re: Reported Opinion: 28 U.S.C. § 1491(b)(1); Pre-Award Bid Protest; Corrective Action.

16-427 • PARCEL 49C LIMITED PARTNERSHIP v. USA

Filed 08/05/2016
REPORTED MEMORANDUM OPINION AND ORDER granting-in-part and denying-in-part Plaintiff's second motion to supplement the administrative record. Signed by Judge Lydia Kay Griggsby.

Keywords: re: Pre-Award Bid Protest; Motion to Supplement the Administrative Record.

16-206 • LANGLEY v. USA

Filed 08/01/2016
REPORTED ORDER denying Motion for Sanctions pursuant to Rule 11. Signed by Chief Judge Patricia E. Campbell-Smith.

Keywords: re: Pro Se Complaint; Motion for Sanctions; RCFC 11; RCFC 6.1. (dls)Keywords: re: [20] Pro Se Complaint; Dismissal for Lack of Subject Matter Jurisdiction; Tax Refund Claim; Takings Claim; Suit precluded by previous actions in Tax Court; I.R.C. § 6512(a).

15-1275 • PARKS v. USA

Filed 08/01/2016
REPORTED OPINION granting Motion for Judgment on the Administrative Record and denying [11] Cross-Motion. The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler.

Keywords: re: Review of Wrongful Military Discharge Allegations; Violation of Military Protective Order; Standard of Review; Administrative Record

16-206 • LANGLEY v. USA

Filed 08/01/2016
See Order of August 12, 2016 Withdrawing REPORTED OPINION and ORDER granting Amended Motion to Dismiss - Rule 12(b)(1). The Clerk is directed to enter judgment. No costs. Signed by Chief Judge Patricia E. Campbell-Smith. (dls) Copy to parties. (USPS Tracking No. 9114 9014 9645 0594 5521 46)

Keywords: re: Pro Se Complaint; Motion for Sanctions; RCFC 11; RCFC 6.1. (dls)Keywords: re: [20] Pro Se Complaint; Dismissal for Lack of Subject Matter Jurisdiction; Tax Refund Claim; Takings Claim; Suit precluded by previous actions in Tax Court; I.R.C. § 6512(a).

12-81 • McCLENDON v. USA

Filed 08/01/2016
REPORTED OPINION denying Motion for Summary Judgment and granting [91] Cross-Motion for Summary Judgment. The Clerk is directed to enter judgment. Signed by Senior Judge Loren A. Smith.

Keywords: re: RCFC 56; Overtime Compensation Claim; Fair Labor Standards Act

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