USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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15-289 • CHARLES F. DAY & ASSOCIATES, LLC. v. USA

Filed 04/24/2015
REPORTED OPINION Signed by Judge Thomas C. Wheeler.

Keywords: re: Bid Protest; CICA Stay Override Challenge; Small Business Set-Aside; Corrective Action; Agency Decision to Award Competitive Bridge Contract; Motion to Dismiss; Mootness

15-207 • COAST PROFESSIONAL, INC. v. USA

Filed 04/22/2015
OPINION (Redacted) re: [148]**SEALED** OPINION Dismissing Plaintiff's Complaint for Lack of Jurisdiction. Signed by Judge Francis M. Allegra.

Keywords: Contracts; Pre-award bid protest; Jurisdiction 28 U.S.C. § 1491(b)(1); Contract Disputes Act contract administration outside of courts bid protest jurisdiction; Task orders; No limitation regarding competitive range and associated Federal Acquisition Regulation (FAR) concepts; Down-select no winnowing of contractors; No jurisdiction; Case dismissed for lack of jurisdiction.

11-153 • CONFIDENTIAL INFORMANT 59-05071 v. USA

Filed 04/22/2015
REDACTED REPORTED OPINION: The Clerk is directed to enter judgment. Status Report due by 5/15/2015. Close of discovery to be completed by 8/7/2015. Signed by Judge Elaine D. Kaplan.

Keywords: re: Discovery; Attorney-Client Privilege; Crime-Fraud Exception; Request for Production; RCFC 26(b)(1); Sanctions; RCFC 37(a)(5)

14-1135 • BEATTY v. USA

Filed 04/22/2015
REPORTED OPINION and ORDER granting Motion to Dismiss - Rule 12(b)(1). The Clerk is directed to enter judgment accordingly. No costs. Signed by Judge Charles F. Lettow.

Keywords: re: Claim for refund of income taxes; suit precluded by action previously filed in Tax Court respecting the same taxes; I.R.C. § 6512(a).

04-1757 • PARK PROPERTIES ASSOCIATES, L.P., et al v. USA

Filed 04/22/2015
OPINION denying Motion for Attorney Fees. Signed by Judge Francis M. Allegra.

Keywords: Motion for attorneys fees; Equal Access to Justice Act 28 U.S.C. § 2412(d)(1)(A); United States Department of Housing and Urban Development Housing Assistance Payments; Substantially justified; Defendants position was reasonable basis in law and fact; Motion denied.

12-468 • BARGSLEY et al v. USA

Filed 04/17/2015
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1), denying as moot [44] Motion to Dismiss - Rule 12(b)(6), and denying as moot [47] Motion for Leave to File a Second Amended Complaint. The Clerk is directed to enter judgment. Signed by Judge Margaret M. Sweeney. (kb1)

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1) and (6), Order on Motion for Leave to File, Reported Opinion; Motion to Dismiss; Jurisdiction; Recoupment of Disability Severance Pay From Veterans Disability Compensation; 10 U.S.C. § 1212(d); Money-Mandating Statute; Veterans Disability Compensation, 38 U.S.C. §§ 1110, 1131, 1161; Claims for Veterans Benefits, 38 U.S.C. § 5101; Review of Veterans Benefits Claims, 38 U.S.C. §§ 511, 7104, 7252, 7292; Comprehensive Scheme of Review; Bormes; Fausto; Vereda, Ltda.; Carlisle

13-149 • MILLER v. USA

Filed 04/17/2015
REPORTED OPINION denying Motion to Dismiss - Rule 12(b)(1) and (6); granting [27] Motion for Judgment on the Administrative Record; denying [30] Cross Motion. The government's motion to dismiss pursuant to RCFC 12(b)(1), or, alternatively, RCFC 12(b)(6) is DENIED. The government's motion for judgment on the administrative record is GRANTED, and plaintiff's cross-motion for judgment on the administrative record is accordingly DENIED. 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 Judgment on the Admin. Record, Order on Cross Motion, Reported Opinion, Suit for military pay and allowances by an ex-Navy Corpsman who was placed on the TDRL, then deemed fit for duty, but then denied reenlistment as unsuitable to serve; application of 10 U.S.C. §§ 1201, 1210, 1211, and 1214a.

12-592 • QUAPAW TRIBE OF OKLAHOMA v. USA

Filed 04/16/2015
REPORTED OPINION denying Motion for Partial Summary Judgment; granting in part and denying in part [66] Cross Motion for Partial Summary Judgment. Signed by Judge Thomas C. Wheeler.

Keywords: re: Indian Tribe Claims for Tribal Trust Fund Mismanagement; Cross-Motions for Partial Summary Judgment; Fiduciary Duties to Indian Tribes; Breach of Trust; 25 U.S.C. § 164.

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 04/16/2015
REPORTED ORDER. Signed by Judge Susan G. Braden.

Keywords: re: Jurisdiction; RCFC 1; RCFC 12(b)(1); RCFC 12(h)(3).

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

Filed 04/16/2015
REPORTED ORDER. Signed by Judge Susan G. Braden.

Keywords: re: Jurisdiction; RCFC 1; RCFC 12(b)(1); RCFC 12(h)(3).

12-389 • SYSTEM FUELS, INC. and ENTERGY ARKANSAS, INC. v. USA

Filed 04/15/2015
REPORTED OPINION: In this Phase II spent nuclear fuel case, plaintiffs are entitled to recover $29,370,717. The Clerk shall enter final judgment in favor of plaintiffs for that amount. Plaintiffs are also awarded costs of suit. In accord with the Restatement (Second) of Judgments § 26(1)(b) and (e) (1982), plaintiffs shall retain the right to bring subsequent actions on claims for damages incurred after June 30, 2012. Signed by Judge Charles F. Lettow.

Keywords: re: Post-trial decision in Phase II spent nuclear fuel case; causation; but-for world regarding incurred costs of characterizing and loading; obstruction by government through refusal to answer discovery requests; seismic stability analyses and mitigation; payroll loader allocation; property taxes; offset.

09-504 • HUNNESHAGEN FAMILY TRUST v. USA

Filed 04/15/2015
REPORTED Opinion and Order. The Clerk is directed to enter judgment. Signed by Judge Mary Ellen Coster Williams. (rk) Copy to parties.REPORTED Opinion and Order. The Clerk is directed to enter judgment. Signed by Judge Mary Ellen Coster Williams.

Keywords: re: Rails-to-Trails Act Settlement; Class Action Settlement; Approval of Settlement As Fair, Reasonable, and Adequate; Rule 23(e).

15-135 • CADDELL CONSTRUCTION CO., LLC v. USA

Filed 04/14/2015
REPORTED ORDER originally filed under seal on April 10, 2015, is reissued and unsealed, pursuant to notice filed April 14, 2015. Signed by Senior Judge James F. Merow.

Keywords: re case numbers 15cv135 and 15cv136: Pre-Award Protest; Jurisdiction; Competition in Contracting Act; Override of Stay in Effect During Pending GAO Protest.

13-152 • AIRPORT ROAD ASSOCIATES, LTD. et al v. USA

Filed 04/14/2015
REPORTED OPINION granting Partial Motion to Dismiss - Rule 12(b)(1). Signed by Judge Nancy B. Firestone.

Keywords: Partial Motion to Dismiss; Statute of Limitations; ELIHPA; Request to Prepay Mortgage; Affordable Housing; Breach of Contract

11-511 • SYSTEM FUELS, INC. et al v. USA

Filed 04/13/2015
REPORTED ORDER. Signed by Judge Susan G. Braden.

Keywords: re:Nuclear Waste Policy Act, 42 U.S.C.§§ 10101 et seq.;42 U.S.C. § 10131 (Findings and Purposes);42 U.S.C. § 10222 (Nuclear Waste Fund);10 C.F.R. § 71 (Packaging and Transportation of Radioactive Material);10 C.F.R. § 73.55 (Requirements for Physical Plant Protection);10 C.F.R. § 171 (Annual Fees); 10 C.F.R. § 961.11 (Text of theStandard Contract); Federal Rules of Evidence,201 (Judicial Notice), 602 (Need for Personal Knowledge),702 (Testimony by Expert Witnesses),703 (Bases of an Experts Opinion Testimony),803 (Exceptions to the Rule Against Hearsay);Rules of the United States Court of Federal Claims (RCFC) 54(b) (Judgment on Multiple Claims orInvolving Multiple Parties).

09-869 • GAL-OR v. USA

Filed 04/10/2015
(Docketed for Administrative Purposes) REPORTED Order. The Clerk is directed to enter judgment. Signed by Judge Susan G. Braden.

Keywords: re: RCFC 41(b) (Failure to Prosecute or to Comply With Court Orders).

15-190 • BARNARD v. USA

Filed 04/07/2015
REPORTED Order. The Clerk is directed to enter judgment. Signed by Judge Marian Blank Horn.

Keywords: re: Pro Se Plaintiff; In Forma Pauperis Application; Lack of Subject Matter Jurisdiction.

14-1174 • PRECISE SYSTEMS, INC. v. USA

Filed 04/06/2015
REPORTED OPINION redacting and correcting Sealed Opinion in a manner consistent with [47] Consent Motion proposing redactions and corrections/amendments, which motion is granted. Signed by Chief Judge Patricia E. Campbell-Smith.

Keywords: re: Sealed Opinion and [48] Reported Opinion with redactions/corrections: Bid Protest; Pre-Award; Small Business Administration (SBA); Office of Hearings & Appeals (OHA); Service-Disabled Veteran Owned Small Business Concern (SDVO SBC); Status; Ownership Criteria; 15 U.S.C. § 632(q); 13 C.F.R. pt. 125; 13 C.F.R. § 125.9(d); Remand.

14-1231 • ANTHEM BUILDERS, INC. v. USA

Filed 04/06/2015
REPORTED ORDER. Signed by Judge Susan G. Braden.

Keywords: re:Administrative Procedure Act (APA),5 U.S.C. § 706 (Scope of review); Bid Protest;Competition in Contracting Act of 1984 (CICA), 31 U.S.C. § 3551(Definitions);Federal Acquisition Regulations (FAR),48 C.F.R. § 2.101 (Definitions),48 C.F.R. § 9.105-1 (Obtaining information),48 C.F.R. § 9.105-2 (Determinations and documentation),48 C.F.R. § 28.203 (Acceptability of individual sureties),48 C.F.R. § 28.203-1 (Security interests by an individual surety), 48 C.F.R. § 28.203-2 (Acceptability of assets),48 C.F.R. § 28.204-3 (Irrevocable letter of credit),48 C.F.R. § 52.228-11 (Pledges of assets),48 C.F.R. § 52.228-15 (Performance and payment of bonds);Rule of the United States Court of Federal Claims (RCFC) 52.1 (Administrative Record);Tucker Act, 28 U.S.C. § 1491(b); Uniform Commercial Code (U.C.C.),U.C.C. § 5-102 (Definitions),U.C.C. § 5-104 (Formal requirements),U.C.C. § 5-108 (Insurers rights andobligations).

07-613 • NORTHROP GRUMMAN COMPUTING SYSTEMS, INC. v. USA

Filed 04/06/2015
OPINION (Redacted) re:OPINION filed Under Seal. Signed by Judge Francis M. Allegra.

Keywords: Contract; Motion for summary judgment; Software; Expectation damages; No harm incurred under delivery order; No damages; Maintenance expenses not recoverable; Motion for summary judgment granted.

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