USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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15-1297 • BROWN et al v. USA

Filed 05/27/2016
REPORTED OPINION denying Motion to Certify Class. Joint Status Report due by 6/10/2016. Signed by Judge Margaret M. Sweeney. (kb1)

Keywords: re: Order on Motion to Certify Class, Reported Opinion -- Rails-to-Trails; Motion to Certify a Class Action; Failure to Satisfy All Requirements of RCFC 23; Joinder Not Impracticable; Wal-Mart Stores, Inc.

14-132 • JENNINGS v. USA

Filed 05/26/2016
Docketed for Administrative Purposes REPORTED OPINION AND ORDER Denying the Government's June 19, 2014 Partial Motion To Dismiss; Denying [22] the Government's November 13, 2015 Motion For Summary Judgment; and Ordering the Government to Show Cause. The Hearing on the Show Cause Order will be held on 7/8/2016 at 1:30 pm EST at the United States Court of Federal Claims. Signed by Judge Susan G. Braden. (jt1) Copy to parties.

Keywords: re: Breach of Contract; Contracts of Adhesion; Due Process Clause; Restatement (Second) of Contracts § 78 cmt. c (Unenforceable Promises); § 79 cmt. e (Gross Inadequacy of Consideration); § 86 cmt. c (Unenforceable Contracts); 28 U.S.C. § 1491 et seq. (Tucker Act Jurisdiction); 41 U.S.C. § 7102 et seq. (Contract Disputes Act).

15-1359 • TELZROW et al v. USA

Filed 05/26/2016
REPORTED OPINION AND ORDER (Answer to plaintiff's complaint due by 6/29/2016.) denying Motion for Entry of Default; denying [11] Motion for Default Judgment. Signed by Judge Charles F. Lettow. (vdw) Copy to parties. (Main Document 14 replaced on 5/26/2016 to make text-searchable)

Keywords: Suit for alleged breach of contract; Wetlands Reserve Program; wetlands conservation easement setting out continuing obligations of plaintiffs and the government agency; plausible claim for breach.

15-1113 • LISTWA v. USA

Filed 05/23/2016
REPORTED OPINION and ORDER granting Motion to Dismiss - Rule 12(b)(1); granting [2] Motion for Leave to Proceed in forma pauperis; and denying [4] Motion for Referral to ADR. The Clerk is directed to enter judgment. No costs shall be awarded. Signed by Judge Margaret M. Sweeney.

Keywords: re: Pro Se Plaintiff; RCFC 12(b)(1); Tucker Act; Statute of Limitations; Application to Proceed In Forma Pauperis.

15-808 • DELLEW CORPORATION v. USA

Filed 05/20/2016
REPORTED ORDER -- Public Redacted Version of [71]. Signed by Judge Margaret M. Sweeney.

Keywords: re: Reported Order -- Attorneys' Fees, Equal Access to Justice Act, Prevailing Party, Buckhannon.

14-941 • HERRMANN et al v. USA

Filed 05/20/2016
REPORTED OPINION granting Motion to Compel; granting in part and denying in part [45] Motion to Compel; granting in part and denying in part [49] Cross-Motion for a Protective Order. For the reasons stated, the plaintiffs' motion to compel directed to the government is GRANTED. The government shall submit a notice of compliance with this order by June 3, 2016. Plaintiffs' motion to compel directed at Paulson is GRANTED IN PART and DENIED IN PART. Paulson shall submit a notice of compliance consistent with the limitations specified in this order by June 3, 2016. Paulson's cross-motion for a protective order is also GRANTED IN PART and DENIED IN PART. The court has amended the protective order issued in this case as described in this opinion. Signed by Judge Charles F. Lettow.

Keywords: re: Order on Motion to Compel, Reported Opinion: Tax case; motion to compel deposition and document production from the government; motion to compel document production from a nonparty; motion by the nonparty for a protective order.

16-288 • TRANSATLANTIC LINES LLC v. USA

Filed 05/19/2016
**Docketed for Administrative Purposes Only** REPORTED MEMORANDUM OPINION AND FINAL ORDER granting Motion to Dismiss - Rule 12(b)(1). The Clerk is directed to enter judgment. Signed by Judge Susan G. Braden.

Keywords: re: Bid Protest Jurisdiction, 28 U.S.C. § 1491; Cargo Preference Act of 1904 (CPA), 10 U.S.C. § 2631; Competition in Contracting Act (CICA), 31 U.S.C. § 3553(c)(1); Contract Dispute Act (CDA), 41 U.S.C. § 7101 et seq.; Federal Acquisition Regulation (FAR), 48 C.F.R. § 6.302-2; Interested Party, 28 U.S.C. § 1491(b)(1); Rules of the United States Court of Federal Claims (RCFC), RCFC 12(b)(1) (Jurisdiction). (ej)Keywords: re: Bid Protest Jurisdiction, 28 u.s.c. § 1491; Cargo Preference Act of 1904 ("CPA"), 10 u.s.c. § 2631; Competition in Contracting Act ("CICA"),31 U.S.C. § 3553(c)(l); Contract Dispute Act ("CDA"), 41U.S.C.§7101 et seq.;Federal Acquisition Regulation ("FAR"), 48 C.F.R. § 6.302-2; Interested Party,28 u.s.c. § 149l(b)(l); Rules of the United States Court of Federal Claims ("RCFC"), RCFC 12(b)(l) (Jurisdiction).

14-352 • EVIE'S CATERING, INC. v. USA

Filed 05/17/2016
REPORTED OPINION granting Defendant's Motion for Summary Judgment; denying [17] Plaintiff's Motion for Summary Judgment. The Clerk is directed to enter judgment for Defendant. Signed by Judge Thomas C. Wheeler.

Keywords: re: Contract Interpretation; Pricing Information in Task Order; Meaning of "EST" Next to Price; Summary Judgment.

15-435 • CRANE v. USA

Filed 05/17/2016
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1) and (6). The Clerk is directed to enter judgment. Signed by Judge Susan G. Braden.

Keywords: re: Federal Tort Claims Act, 28 U.S.C. § 2672 (Administrative Adjustment of Claims); Maryland Wage Payment And Collection Law; Rule 12(b)(1) of the Rules of the United States Court of Federal Claims (Jurisdiction); Tucker Act, 28 U.S.C. § 2501 (Statute of Limitations).

15-1256 • RES REI DEVELOPMENT, INC. v. USA

Filed 05/17/2016
REPORTED ORDER. Signed by Judge Victor J. Wolski.

Keywords: re: Pre-award bid protest; exclusion from competitive range; SOCOM; Government Control exception, 48 C.F.R. § 52.215-1(c)(3)(ii)(A)(2); Blue & Gold Fleet; offeror responsible for proposal errors; interpretation of solicitation terms; past performance of individuals not evaluated; no substantial chance of inclusion. (jad)Keywords: re: Reported Order; substantial chance of inclusion; competitive range; SOCOM; Government Control exception, 48 C.F.R. § 52.215-1(c)(3)(ii)(A)(2); Blue & Gold Fleet; offeror responsible for proposal errors; interpretation of solicitation terms; past performance of individuals not evaluated; no substantial chance of inclusion.

14-1236 • JOHNSON v. USA

Filed 05/12/2016
REPORTED ORDER denying Motion for Reconsideration - Rule 59(a) ; granting [25] Motion for Relief from Judgment - Rule 60. Signed by Senior Judge Lynn J. Bush.

12-303 • HITKANSUT LLC et al v. USA

Filed 05/11/2016
REPORTED ORDER: the parties' motions in limine and motions to strike are DENIED, with the exception of plaintiffs' motion to admit deposition testimony, ECF No. 149, which is GRANTED subject to preservation of specific objections to be heard at trial. Signed by Judge Charles F. Lettow.

Keywords: Patent case; pre-trial motions in limine

16-98 • PRICEWATERHOUSECOOPERS PUBLIC SECTOR, LLP v. USA

Filed 05/10/2016
REPORTED OPINION. Signed by Judge Marian Blank Horn.

Keywords: re: Reported Opinion. Pre-Award Bid Protest; Corrective Action; 48 C.F.R. § 8.405; Injunctive Relief; Subject Matter Jurisdiction; Federal Acquisition Streamlining Act, 10 U.S.C. § 2304c(e); Organizational Conflicts of Interest; Unequal Treatment.

11-418 • ADAMS v. USA

Filed 05/09/2016
REPORTED OPINION granting Motion for Judgment on the Administrative Record; denying [58] Motion for Judgment on the Administrative Record The Clerk is directed to enter judgment. Signed by Judge Elaine D. Kaplan.

Keywords: re: Judgment on the Administrative Record; RCFC 52.1(c); 10 U.S.C. § 1201; 10 U.S.C. § 1413a; Military Retirement Pay; Combat-Related Special Compensation.

15-1168 • DEEMER v. USA

Filed 05/06/2016
REPORTED OPINION--Filed this date. Signed by Senior Judge Robert J. Yock.

Keywords: re:Opinion and Order--Military Pay; Disability Severance Pay; Age-based Retirement; Jurisdiction; Statute of Limitations; RCFC 12(b)(1) and 12(b)(6).

15-1409 • MSC INDUSTRIAL DIRECT CO., INC. v. USA

Filed 05/06/2016
REPORTED OPINION. Signed by Senior Judge Eric G. Bruggink. (bz1) Copy to parties.

Keywords: re: Bid Protest; Pre-Award; Corrective Action; Federal Supply Schedule; Blanket Purchase Agreement, FAR 8.405-3; AbilityOne Program

15-1184 • CLARK v. USA

Filed 05/05/2016
REPORTED OPINION and ORDER granting Motion to Dismiss pursuant to Rule 12(b)(1); denying [12] Motion for Discovery; denying [15] Motion to Supplement Pleadings - Rule 15(d); granting [2] Motion for Leave to Proceed in forma pauperis for the limited purpose of dismissing the complaint. The Clerk is directed to enter judgment. Signed by Judge Elaine D. Kaplan.

Keywords: re: RCFC 12(b)(1); Motion to Dismiss; Fifth Amendment Takings Clause; Caveat.

16-174 • SIGMATECH, INC. v. USA

Filed 05/05/2016
REPORTED OPINION The Clerk is directed to enter judgment. Signed by Judge Susan G. Braden. (ms) Copy to parties.REPORTED OPINION The Clerk is directed to enter judgment. Signed by Judge Susan G. Braden.

Keywords: re: Reported Opinion, Rule 37(b)(2)(C) of the Rules of the United States Court of Federal Claims (Sanctions For Not Obeying A Discovery Order).

14-388 • HARDY et al v. USA

Filed 05/04/2016
REPORTED ORDER granting in part and denying in part Motion for Partial Summary Judgment; granting in part and denying in part [38] Cross Motion. Joint status report due by 5/23/16. Signed by Judge Margaret M. Sweeney.

Keywords: re: Rails-to-Trails; Fifth Amendment Taking; NITU; Easement; Fee Simple; Strip of Land; Right-of-Way; Railroad Purposes; Deed; Conveying Easements Under Georgia Law; Scope of Easement; Parcel of Land

05-1119 • ST. BERNARD PARISH GOVERNMENT v. USA

Filed 05/04/2016
REPORTED Order REPORTED OPINION granting Motion to Certify Class; finding as moot [282] Motion to Certify Interlocutory Appeal. The Clerk is directed to enter judgment. Signed by Judge Susan G. Braden. (ej) Copy to parties.REPORTED Order REPORTED OPINION granting [91] Motion to Certify Class; finding as moot [282] Motion to Certify Interlocutory Appeal. The Clerk is directed to enter judgment. Signed by Judge Susan G. Braden.

Keywords: re: Reported Opinion - Federal Rules of Evidence; Rule 26 of the Rules of the United States Court of Federal Claims (RCFC) (General provisions governing discovery). (ej)Keywords: re: [320] Reported Opinion, Reported Order, Order on Motion to Certify Class, Order on Motion to Certify Interlocutory Appeal, Reported Opinion, Reported Order, Just Compensation Award For A Temporary Takings Claim, U.S. CONST. Amend. V; Rules of the United States Court of Federal Claims (RCFC) 23(a) Class Action; RCFC 23(b) Class Actions Maintainable; RCFC 23(c) Class Certification Order; RCFC 23(g)(1) (Appointing Class Counsel); RCFC 54(b) Judgment Involving Multiple Parties; RCFC 56 Summary Judgment.

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