USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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15-1482 • SIMMONS v. USA

Filed 06/27/2016
REPORTED OPINION and ORDER granting Motion to Dismiss - Rule 12(b)(1). The Clerk is directed to enter judgment dismissing plaintiff's complaint. No costs. Signed by Judge Margaret M. Sweeney.

Keywords: re: Tucker Act; 28 U.S.C. § 1491; Pro Se Plaintiff; Motion to Dismiss; RCFC 12(b)(1); Tax Refund Claim; Full Payment Rule; Wrongful Levy Claim; 26 U.S.C. § 7426.

06-167 • OTAY MESA PROPERTY L.P. et al v. USA

Filed 06/27/2016
REPORTED OPINION granting in part and denying in part Motion for Bill of Costs. Signed by Judge Thomas C. Wheeler.

Keywords: re: Taxation of Costs; Fees of the Clerk; Fees of the Reporter for Trial Transcripts; Fees for Witnesses; Costs for Duplication of Papers; Costs Incident to Taking Depositions; Other Costs; Downward Reduction for Limited Success.

15-1583 • ALFORD v. USA

Filed 06/23/2016
(Re-Docketed for Administrative Purposes Only) REPORTED ORDER: Granting in part with regard to the back pay claim but otherwise Denied Motion to Dismiss - Rule 12(b)(1) and (6), and Remanded to the Board for Correction of Naval Records for a period not to exceed six months. The case is stayed pending the results of the remand. Signed by Judge Charles F. Lettow.

Keywords: Military back pay and disability retirement claims;applicability of the six-year statute of limitations set out at 28 U.S.C. § 2501 to the back pay claim; issue preclusion as to that claim; jurisdiction over the disability retirement claim; remand.

16-424 • WORLDWIDE LANGUAGE RESOURCES, LLC v. USA

Filed 06/22/2016
REISSUANCE of June 2, 2016 opinion, and ORDER FOR PUBLICATION. Signed by Senior Judge Loren A. Smith.

Keywords: re: Pre-award Bid Protest

15-165 • BARNA v. USA

Filed 06/21/2016
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(6). The Clerk is directed to enter judgment. Signed by Judge Marian Blank Horn.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(6), Reported Opinion: Military Pay; Promotion; Motion to Dismiss for Failure to State a Claim; Cross-Motions for Judgment on the Administrative Record; Motion to Supplement the Administrative Record.

15-192 • LIPPMANN v. USA

Filed 06/13/2016
REPORTED OPINION Denying Defendant's Motion to Dismiss - Rule 12(b)(6) [10]; Granting Defendant's Motion for Summary Judgment on the issue of whether Plaintiff's involuntary retirement was lawful under 10 U.S.C. Section 1169; and Denying Plaintiff's Cross-Motion for Summary Judgment on that issue [14]; Granting Defendant's Motion to File a Sur-Reply [28]; Denying Defendant's Motions to Strike [20], [26]; Denying Plaintiff's Motion to Supplement the Administrative Record as Moot; and Holds in Abeyance the parties' Cross-Motions for Summary Judgment re: the question of whether Plaintiff is entitled to a hearing before an Enlisted Personnel Board pursuant to 14 U.S.C. 357. The Court further Orders the parties to file Initial briefs on or before July 15, 2016; Responsive supplemental briefs on or before August 5, 2016; and Reply briefs on or before August 12, 2016. Signed by Judge Lydia Kay Griggsby.

Keywords: re: RCFC 12(b)(6); RCFC 12(d); RCFC 52.1; RCFC 56; the Military Pay Act, 37 U.S.C. § 204; 10 U.S.C. § 1169; 14 U.S.C. § 357 [32]

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

Filed 06/09/2016
REPORTED ORDER Notice of Compliance due by 6/17/2016.. Signed by Judge Susan G. Braden.

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

Filed 06/09/2016
REPORTED Order The Clerk is directed to enter judgment. Signed by Judge Susan G. Braden.

08-700 • DOBYNS v. USA

Filed 06/09/2016
REPORTED OPINION (public version of sealed Opinion and Order issued March 2, 2016). Signed by Chief Judge Patricia E. Campbell-Smith.

Keywords: re: Fraud Upon the Court; Fraud by an Opposing Party; Relief from Judgment; RCFC 60; RCFC 53(f); Remand Pursuant to Fed. R. App. P. 12.1.

14-689 • SANTANA v. USA

Filed 06/09/2016
REPORTED OPINION. Signed by Senior Judge Nancy B. Firestone.

Keywords: re: Military Pay Act, 37 U.S.C. § 204; Military Whistleblower Protection Act, 10 U.S.C. § 1034; Lack of Jurisdiction; Administrative Remedies

13-719 • HATMAKER v. USA

Filed 06/08/2016
REPORTED OPINION denying Motion for Judgment on the Administrative Record; denying [49] Cross-motion for Judgment on the Administrative Record. This case shall be REMANDED to the Department of Defense Physical Disability Board of Review for further proceedings. This case is otherwise STAYED until 12/8/2016. Joint status reports due 9/7/2016 and 12/6/2016. Signed by Chief Judge Patricia E. Campbell-Smith.

Keywords: re: Order on Motion for Judgment on the Admin. Record, Reported Opinion, Military Pay; Physical Disability Board of Review (PDBR); Motion for Judgment on the Administrative Record; RCFC 52.1

15-601 • STRAND v. USA

Filed 06/03/2016
REPORTED OPINION finding as moot Motion to Strike; denying [42] Motion to Dismiss - Rule 12(b)(1); finding as moot [52] Motion to Remand; granting [23] Motion for Judgment on the Administrative Record; finding as moot [33] Motion to Supplement the Administrative Record; denying [35] Motion for Judgment on the Administrative Record; granting in part [36] First Counterclaim. The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler.

Keywords: re: Action for Review of Military Records; Assistant General Counsels Reversal of Decision by Board for Correction of Naval Records; Standard of Review; Counterclaim for Return of Funds Erroneously Paid to Plaintiff.

15-1527 • WALLACE ASSET MANAGEMENT, LLC v. USA

Filed 05/31/2016
REDACTED PUBLISHED OPINION (Reissuance of May 6, 2016 Memorandum Opinion and Order for publication) denying plaintiff's motion for judgment upon the administrative record; granting defendant's motion to dismiss or, in the alternative, motion for judgment upon the administrative record; and granting defendant-intervenor's motion for judgment upon the administrative record. The Clerk is directed to enter judgment. Signed by Judge Lydia Kay Griggsby. (lh) Copy to parties. .

Keywords re: The Tucker Act; 28 U.S.C. § 1491(b)(1); 28 U.S.C. § 1491(b)(2); Post-Award Bid Protest; RCFC 52.1.

14-275 • TOPSNIK v. USA

Filed 05/31/2016
REPORTED OPINION The Clerk is directed to enter judgment. Signed by Judge Elaine D. Kaplan.

Keywords: re: Reported Opinion; Tax Refund; Motion to Compel; RCFC 37(a)(5); Sanctions; Order to Show Cause; RCFC 41(b); Dismissal for Failure to Prosecute.

16-348 • SPECTRUM COMM, INC. v. USA

Filed 05/27/2016
REPORTED OPINION. Signed by Judge Mary Ellen Coster Williams. (TF3) Copy to parties.

Keywords: re: 28 U.S.C. § 1491(b); Bid Protest; Permanent Injunction; FAR Part 8.405; Best Value Procurement; Tradeoff Decision; Failure of Source Selection Authority to Follow Source Selection Evaluation Boards Recommendation. (TF3)

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.

15-1501 • HOOD v. USA

Filed 05/27/2016
REPORTED OPINION dismissing plaintiff's complaints in this and 15-1200C, with plaintiff not permitted to file additional complaints arising from the same facts in Case Nos. 15-1200C and 15-1501C, without first obtaining leave of a judge of this court. Plaintiff's applications to proceed in forma pauperis are deemed moot. The Clerk is directed to enter judgment. Signed by Judge Marian Blank Horn.

Keywords: re: Pro Se Plaintiff; In Forma Pauperis; Motion to Dismiss; 28 U.S.C. § 1500; RCFC 11 Sanctions; 28 U.S.C. § 2501.

15-1200 • HOOD v. USA

Filed 05/27/2016
REPORTED OPINION dismissing plaintiff's complaints in this and 15-1501C, with plaintiff not permitted to file additional complaints arising from the same facts in Case Nos. 15-1200C and 15-1501C, without first obtaining leave of a judge of this court. Plaintiff's applications to proceed in forma pauperis are deemed moot. The Clerk is directed to enter judgment. Signed by Judge Marian Blank Horn.

Keywords: re: Pro Se Plaintiff; In Forma Pauperis; Motion to Dismiss; 28 U.S.C. § 1500; RCFC 11 Sanctions; 28 U.S.C. § 2501.

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.

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