USCFC General Jurisdiction-Reported

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14-1243 • CANPRO INVESTMENTS, LTD v. USA

Filed 01/29/2015
REPORTED OPINION granting Defendant's Motion to Dismiss - Rule 12(b)(1). The Clerk is directed to enter judgment. Signed by Chief Judge Patricia E. Campbell-Smith.

Keywords: re: Reported Opinion and Order on Motion to Dismiss - Rule 12(b)(1): Preliminary Injunction; Contract Performance; Nuisance; Motion to Dismiss; Jurisdiction; Tucker Act, 28 U.S.C. § 1491; Contract Disputes Act (CDA), 41 U.S.C. §§ 7103, 7104; Final Decision Required; Transfer; 28 U.S.C. § 1631.

12-554 • O'BRIEN v. USA

Filed 01/29/2015
REPORTED OPINION granting Motion for Judgment on the Administrative Record; denying [20] Cross Motion The Clerk is directed to enter judgment. No Costs. Signed by Judge Francis M. Allegra.

Keywords: re: REPORTED OPINION on Motion for Judgment on the Admin. Record, Order on Cross Motion [Dispositive], Reported Opinion. Military pay case; Cross-motions for judgment on the administrative record; Jurisdiction military pay benefits; Standard of review; Bannum; Use of Abbreviated Medical Evaluation Board Report Processing was proper under the regulations; Disability evaluation; Substantial evidence supported BCNR decision; Navy did not act arbitrarily and capriciously in not providing for further disability screening; Constructive service remedy unavailable; Plaintiffs cross-motion denied; Defendant motion granted.

09-291 • RUBINSTEIN, ESTATE OF v. USA

Filed 01/29/2015
PUBLISHED OPINION. The Clerk is directed to enter judgment. Signed by Judge Margaret M. Sweeney.

Keywords: re: Tax Refund Claim; Overpayment; RCFC 52; 26 U.S.C. § 6511(h); Rev. Proc. 99-21, 1991-1 C.B. 960; Financial Disability; Physical or Mental Impairment; Suspend Statute of Limitations; Adverse Credibility Finding; Unreliable Expert Testimony.

08-920 • GENEVA ROCK PRODUCTS, INC., ET AL. v. USA

Filed 01/27/2015
REPORTED OPINION: The Clerk is directed to enter judgment. Plaintiffs' Motion for the Approval of Settlement is GRANTED, and plaintiffs' Motion for Court Approval of Fees is GRANTED IN PART. The total settlement award to class plaintiffs is $24,032,540.91, consisting of (a) $14,094,500.00 in principal for the value of the property taken, (b) $8,918,488.58 in interest calculated through November 30, 2014, and (c) $696,753.80 in statutory attorneys' fees and $322,798.53 in litigation costs, both under the Uniform Relocation Act. Class counsel shall retain a 17.5% contingent fee, which fee shall be calculated upon a base amount consisting of the principal and interest payments specified in the settlement agreement. Counsel shall retain the agreed statutory fee and costs and as such, class members shall receive a dollar-for-dollar credit against the contingent fee for the statutory fee paid by the government. Class counsel shall receive the settlement award, shall disburse payments in accord with the settlement agreement, and shall file a notice of compliance once payment has been made. To account for the delay in payment after November 30, 2014, the total interest paid by the government shall increase until the date the judgment is paid using the same method of interest computation as that employed in the settlement agreement, at an annual interest rate of 4.2%. The contingent fee to which class counsel is entitled shall be adjusted upward accordingly. The claims of those class members respecting which the government has previously been granted summary judgment on liability are dismissed, as are those whose claims are not listed for an award in the settlement agreement. Costs have already been encompassed in the settlement agreement. Signed by Judge Charles F. Lettow.

Keywords: re: Rails to trails case; class action; settlement; fairness of settlement; reasonable attorneys' fees to class counsel; application of RCFC 23(h); lodestar cross-check

12-253 • MCCLELLAN v. USA

Filed 01/27/2015
REPORTED OPINION granting Motion for Judgment on the Administrative Record; and denying [12] Cross Motion or, in the alternative, for remand to the ABCMR or transfer to the United States District Court for the District of Columbia. The Clerk is directed to enter judgment. Signed by Judge Marian Blank Horn.

Keywords: re: Pro Se Plaintiff; Military Pay; Motion for Judgment on the Administrative Record.

04-541 • STOCKTON EAST WATER DISTRICT et al v. USA

Filed 01/27/2015
REPORTED OPINION granting Motion for partial final judgment in the amount of $149,950 The Clerk is directed to enter judgment. Status Report due by 2/27/2015 Signed by Judge Elaine D. Kaplan.

Keywords: re: Order on Motion for Miscellaneous Relief, Reported Opinion RCFC 54(b); 28 U.S.C. § 2517; Partial Final Judgment

13-881 • TOTAL ENGINEERING, INC. v. USA

Filed 01/26/2015
REPORTED OPINION on MOTION to Dismiss pursuant to Rules 12(b)(1) and (6) filed by USA ( Status Report due by 2/26/2015) denying [16] Motion to Dismiss - Rule 12(b)(1) and (6). Signed by Judge Mary Ellen Coster Williams.

Keywords: re: Subject Matter Jurisdiction; Contract Disputes Act; Government Claim; Deductive Credit; 48 C.F.R. § 2.101; Contracting Officers Final Decision; Failure to State a Claim Upon Which Relief Can Be Granted; Rule 8.

14-2 • MILLER v. USA

Filed 01/26/2015
REPORTED OPINION granting in part (as to Counts I, III, IV, V and VI) and denying in part (as to Count II) Motion for Judgment on the Administrative Record; denying [18] Motion to Supplement the Administrative Record. Pursuant to RCFC 52.2(a) and 28 U.S.C. § 1491(a)(2), plaintiffs Military Pay Act claim (as set forth in Count II) and his requests for ancillary relief are hereby REMANDED to the U.S. Secretary of the Army, acting through the Army Board for Correction of Military Records, so that the Board may have an opportunity to revisit and articulate in detail its rationale on the subject matter. Defendant shall FILE a Status Report by 4/27/2015. Agency Decision on remand shall be FILED by defendant with this court by 7/27/2015. Signed by Judge Lynn J. Bush. (TQ) Copy to parties. Modified on 1/26/2015 - corrected deadlines (jt1).

Keywords: re: Order on Motion for Judgment on the Admin. Record, Order on Motion to Supplement the Administrative Record, Reported Opinion. Military Pay; Jurisdiction for Monetary Claim Related to Promotion That Was AllegedlyDelayed Improperly; RCFC 12(b)(6); Remand Preferred to Supplementation of theAdministrative Record. (TQ)

14-20 • GUARDIAN ANGELS MEDICAL SERVICE DOGS, INC., v. USA

Filed 01/22/2015
REPORTED OPINION denying Motion for Reconsideration - Rule 59(a). Signed by Judge Mary Ellen Coster Williams.

Keywords: re: Reconsideration; Contract Disputes Act; 41 U.S.C. § 7104(b)(3); Government Claim; Tolling of Statute of Limitations by Request for Reconsideration.

14-166 • ANCHORAGE, A MUNICIPAL CORPORATION v. USA

Filed 01/22/2015
REPORTED OPINION granting in part and denying in part Motion to Dismiss - Rule 12(b)(1) and (6). The parties shall file a joint status report within 30 days of this opinion.. Signed by Judge Edward J. Damich.

Keywords: re: Motion to Dismiss, Cooperative Agreement

12-42 • ALLEN v. USA

Filed 01/22/2015
REPORTED OPINION granting Motion for [Partial] Summary Judgment. Pursuant to RCFC 54(b), there being no just reason for delay, the Clerk is directed to enter judgment dismissing Count II, the breach of contract claims (in this and consolidated cases). Signed by Judge Marian Blank Horn.

Keywords: re: Pro Se Plaintiffs; Motion for Partial Summary Judgment; Breach of Contract; Contract Interpretation.

14-663 • BROCADE COMMUNICATIONS SYSTEMS, INC. v. USA

Filed 01/21/2015
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:Competition in Contracting Act of 1984, 41 U.S.C. § 3301 et seq. (CICA) (2011);Federal Acquisition Regulations (FAR),§ 16.505(a)(4)(i) (Ordering);§ 33.101 (Definitions);Jurisdiction;Motion to Dismiss, Rule 12(b)(1), Rule 12(b)(6);United States Constitution, Art. III, § 2, cl. 1;28 U.S.C. § 171 (Appointment and number of judges; character of court; designation of chief judge).

11-129 • H. J. LYNESS CONSTRUCTION, INC. v. USA

Filed 01/21/2015
REPORTED OPINION denying in part Cross Motion; deferring [25] Motion for Partial Summary Judgment. The parties are directed to file a joint status report within 21 days from the date of this order outlining the next steps in the litigation. Signed by Judge Edward J. Damich. (lp1) Copy to parties.

14-794 • TURPIN v. USA

Filed 01/20/2015
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1) The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1), Reported Opinion. Crime Victims' Rights Act; Lack of Subject Matter Jurisdiction; Money-Mandating Source; Pardon or Certificate of Innocence Required to Hear Claims of Unjust Imprisonment.

12-527 • RQ SQUARED, LLC v. USA

Filed 01/14/2015
REPORTED OPINION granting in part and denying in part Motion for Judgment on the Pleadings; deferring ruling on [44] Motion for Summary Judgment. Defendants Corrected Motion for Judgment on the Pleadings is GRANTED in part, as to plaintiffs contention that an implied-in-fact contract to approve RQ2 as a PRS provider was formed between plaintiff and the United States, and DENIED in part, as to plaintiffs contention that an implied-in-fact contract concerning the governments disclosure and use of plaintiffs proprietary information was breached. A ruling on Defendants Motion, in the Alternative, for Summary Judgment in Favor of the Government is DEFERRED pending targeted discovery limited in scope to the relevant factual contentions in the declaration submitted by Ms. Linda Shepherd West of UPS, On or before 2/6/2015, the parties shall FILE a Joint Proposed Limited Discovery Schedule. Signed by Judge Lynn J. Bush.

Keywords: re: Order on Motion for Judgment on the Pleadings, Order on Motion for Summary Judgment, Reported Opinion. Implied-in-Fact Contract Claim; RCFC 12(c); RCFC 56(d). (TQ)

14-389 • BRISBIN v. USA

Filed 01/13/2015
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1). The Clerk is directed to enter judgment. Signed by Senior Judge James F. Merow.

Keywords: re: Contract Disputes Act; Statute of Limitations; Transfer Statute (28 U.S.C. § 1631).

13-54 • W.E. PARTNERS II, LLC v. USA

Filed 01/12/2015
REPORTED OPINION denying Motion for Summary Judgment; granting [28] Cross Motion. The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler.

Keywords: re:American Recovery and Reinvestment Act, Section 1603; Open-Loop Biomass Facility; Reimbursement Grant; Eligible Cost Basis; I.R.C. Sections 45, 48.

13-995 • JORDAN v. USA

Filed 01/12/2015
REPORTED OPINION denying Motion to Dismiss; granting in part and denying in part [16] Motion to Amend/Correct. Defendant's motion to dismiss is DENIED, plaintiff's cross-motion for leave to file an amended complaint is GRANTED, plaintiff's cross-motion to compel is DENIED as moot, and plaintiff's motion for sanctions is DENIED. Signed by Judge Charles F. Lettow.

Keywords: re: Order on Motion to Dismiss, Order on Motion to Amend/Correct, Reported Opinion, Claim under the Equal Pay Act, 29 U.S.C.§ 206(d); motion to dismiss pursuant to RCFC 12(c) and 12(h)(2)(B); sufficiencyof factual allegations for purposes of RCFC 8; motion to compel discoveryresponses.

14-492 • HARPER INTERNATIONAL CORP. v. USA

Filed 01/12/2015
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1) The Clerk is directed to enter judgment. Signed by Judge Susan G. Braden.

Keywords: re: Motion to Dismiss, RCFC 12(b)(1);26 U.S.C. § 1346 (United States as defendant);26 U.S.C. § 6511 (Limitations on credit or refund);26 U.S.C. § 6532 (Statute of Limitations for tax refund claims);26 U.S.C. § 7422 (Jurisdictional prerequisites for tax refund claims);26 C.F.R. § 301.7502-1 (Timely mailing of documents and payments treated as timely filed and paying).

14-712 • BALBACH v. USA

Filed 01/09/2015
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1). The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler.

Keywords: re: Rule 83.1(a)(3); Corporation Must be Represented by Counsel; Contract Disputes Act; One Year Statute of Limitations.

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