USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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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.

14-437 • BRASS v. USA

Filed 02/27/2015
REPORTED ORDER denying Motion for Judgment on the Administrative Record; granting in part and denying in part [14] Cross Motion; ( Status Report due by 5/28/2015). Signed by Judge Nancy B. Firestone.

Keywords: re: Military Pay; Wounded Warrior Act; Physical Disability Board of Review; 10 U.S.C. § 1216a

14-275 • TOPSNIK v. USA

Filed 02/27/2015
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1). The Clerk is directed to enter judgment. Signed by Judge Elaine D. Kaplan.

Keywords: re: Motion to Dismiss for Lack of Subject Matter Jurisdiction; RCFC 12(b)(1); Tax Refund; 28 U.S.C. § 1346; 26 U.S.C. § 7422; Civil Damages Provisions of Internal Revenue Code; 26 U.S.C. §§ 7432, 7433

14-1092 • RED RIVER COMPUTER CO., INC. v. USA

Filed 02/27/2015
REPORTED OPINION. Signed by Senior Judge Eric G. Bruggink. (jpk1) Copy to parties.

Keywords: re: Reported Opinion: Bid protest; Competitive range determination; Past Performance; Prejudice.

09-587 • SACRAMENTO MUNICIPAL UTILITY DISTRICT v. USA

Filed 02/27/2015
REPORTED OPINION granting Motion The Clerk is directed to enter judgment. Signed by Judge Susan G. Braden.

Keywords: re: Nuclear Waste Policy Act,42 U.S.C. §§ 10101 et seq.;Recalculation Of Damages;Remand.

14-1022 • REBISH v. USA

Filed 02/27/2015
REPORTED ORDER granting in part Motion to Dismiss - Rule 12(b)(1). Signed by Judge Elaine D. Kaplan. (dw1) Copy to parties.

Keywords: re: Tucker Act, 28 U.S.C. § 1491(a)(1); Motion to Dismiss; RCFC 12(b)(1); Settlement Agreement; Breach of Contract.

14-561 • CARROLL v. USA

Filed 02/25/2015
REPORTED OPINION on MOTION to Dismiss pursuant to Rule 12(b)(1) Counts I, II, and III of the Complaint filed by USA (Notice of Compliance due by 3/25/2015.) granting [8] Motion to Dismiss - Rule 12(b)(1). Signed by Judge Susan G. Braden.

Keywords: re:Central Intelligence Agenc Act,50 U.S.C. §§ 350123;Debt Collection Act, 5 U.S.C. § 5514;Jurisdiction; Military Leave,5 U.S.C. § 6323;Motion To Dismiss,RCFC 12(b)(1).

14-168 • ALABAMA POWER COMPANY et al v. USA

Filed 02/25/2015
REPORTED ORDER re Motion to Dismiss as follows: (1) Motion to dismiss Southern as a party to this lawsuit is GRANTED; (2) Motion to dismiss request for prejudgment interest is DENIED; Motion to dismiss claims that relate to damages incurred after the complaint was filed is GRANTED; and Report re agreed date range for damages alleged is due by 4/1/2015). Signed by Senior Judge James F. Merow.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1) and (6), Reported Order -- Plaintiff as Proper Party; Future Damages.

02-25 • JICARILLA v. USA

Filed 02/23/2015
STIPULATION PROCEDURE ORDER. The parties' obligations and deadlines under this court's October 20, 2014, order, including the scheduled trial, are hereby STAYED. On or before March 20, 2015, the parties shall file a stipulation setting forth all factual matters as to which they agree. Signed by Judge Francis M. Allegra. (si) Copy to parties. Modified on 2/27/2015 - corrected docket text (jt1).

Keywords: re: [415]Stipulation Procedure Order: Stipulation; Procedure ordered; Stipulation to be comprehensive; Form and exhibits; Binding effect; Impact of noncompliance.

14-647 • RUDOLPH AND SLETTEN, INC. v. USA

Filed 02/23/2015
REPORTED OPINION denying Motion to Dismiss - Rule 12(b)(1), and granting motion for remand to contracting officer. The contracting officer is directed to issue a final decision on or before 3/26/2015. Case is stayed until 3/26/2015. Status Report due by 4/9/2015. 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. §§ 7101-09; Motion to Dismiss, Rule 12(b)(1); Motion for Summary Judgment, Rule 56; Motion Remand to the Contracting Officer, 41 U.S.C. § 7103(f)(5); Deemed Denial of a Claim.

11-772 • SOKOL v. USA

Filed 02/23/2015
REPORTED OPINION denying Motion for Judgment on the Administrative Record; granting [38] Cross Motion; The Clerk is directed to enter judgment. Signed by Judge Elaine D. Kaplan.

Keywords: re: Military Pay Act, 37 U.S.C. § 204; Physical Evaluation Board; Board for the Correction of Naval Records; Arbitrary and Capricious Standard; Fitness for Naval Service; SECNAVINST 1850.4E § 3405; 10 U.S.C. § 1201; 32 C.F.R. §§ 723.2, 723.6; 5 U.S.C. § 552a; Credibility Determinations

14-1214 • EQUA SOLUTIONS, INC. v. USA

Filed 02/23/2015
REPORTED OPINION. Defendant's cross-motion for judgment on the administrative record GRANTED. Plaintiff's motion for judgment on the administrative record DENIED. (Opinion originally issued under seal on 2/13/2015 - ECF No. 25). Signed by Judge Nancy B. Firestone.

Keywords: re: Bid Protest; FAR § 15.206(d); FAR §15.306; Review of Price Evaluation.

15-94 • INDUSTRIES FOR THE BLIND, INC. v. USA

Filed 02/20/2015
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1) The Clerk is directed to enter judgment. Signed by Judge Elaine D. Kaplan.

Keywords: re: Reported Opinion Tucker Act, 28 U.S.C. § 1491(b)(1); Jurisdiction; Pre-award Bid Protest; Motion to Dismiss; RCFC 12(b)(1); Corrective Action; Moot; Justiciability.

14-696 • SHERIDAN v. USA

Filed 02/20/2015
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.

Keywords: re: Motion to Dismiss; Patent Infringement; 22 U.S.C. § 2356; 28 U.S.C. § 1498(a); For the Benefit of the Government; Authorization or Consent.

14-565 • STRAUGHTER v. USA

Filed 02/20/2015
OPINION AND ORDER granting Motion to Dismiss - Rule 12(b)(1) and (6) The Clerk is directed to enter judgment. Signed by Judge Charles F. Lettow. (ac7) Copy to parties.

Keywords: Military pay claim; time-bar attributable to expiration of the limitations period specified in 28 U.S.C. 2501; inability to transfer case under 28 U.S.C. 1631 because of request for monetary relief

14-1053 • QBE, LLC v. USA

Filed 02/18/2015
REPORTED ORDER (public version of sealed Opinion issued January 30, 2015). Signed by Chief Judge Patricia E. Campbell-Smith.

Keywords: re: Pre-Award Bid Protest; Cross-Motions for Judgment on the Administrative Record; Challenge to Offerors Exclusion from the Competitive Range; Technical Proposal Evaluation

14-288 • DUFFY et al v. USA

Filed 02/13/2015
REPORTED OPINION and ORDER converting Motion to Dismiss - Rule 12(b)(1) and (6) into a motion for summary judgment under RCFC 56; and granting said motion. The Clerk is directed to enter judgment. No costs. Signed by Judge Charles F. Lettow.

Keywords: re: Claim for refund of income tax paid on proceeds of a settlement agreement; "origin of the claim" doctrine; inapplicability of exclusion from taxation under I.R.C. § 104(a)(2); proceeds taxable as ordinary income and not capital gains.

14-1005 • DRAKEN INTERNATIONAL, INC. v. USA

Filed 02/13/2015
REPORTED Order The Clerk is directed to enter judgment. Signed by Judge Mary Ellen Coster Williams. (TF3) Copy to parties.

Keywords: re: Reported Order Pre-award Bid Protest; 28 U.S.C. § 1491(b)(1); Competition in Contracting Act; 41 U.S.C. § 3306(a); Solicitation Terms Coupled With Procurement Delay Did Not Unduly Restrict Competition; Ripeness.(TF3)

14-713 • FRAMACO INTERNATIONAL, INC. v. USA

Filed 02/11/2015
REPORTED OPINION. Signed by Judge Marian Blank Horn.

Keywords: re: Reported Opinion Bid Protest; Omnibus Diplomatic Security and Antiterrorism Act of 1986; Past Project Adjustment for Inflation.

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