USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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14-307 • SAVANTAGE FINANCIAL SERVICES, INC v. USA

Filed 09/03/2015
REPORTED OPINION (reissuing Opinion and Order for publication). Signed by Judge Margaret M. Sweeney. (kb1)

Keywords: re: Reported Opinion - Bid Protest; Financial Management Software Systems and Related Services; Migration to Federal Shared Service Providers Without Competition; Competition in Contracting Act of 1984; Economy Act; Government Management Reform Act of 1994; Subject Matter Jurisdiction; Ripeness; Standing; Supplementation of the Administrative Record; Amendment of Complaint

15-389 • EMERSON v. USA

Filed 09/03/2015
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1); finding as moot [7] Motion for Judgment on the Pleadings and; finding as moot [12] Motion for Summary Judgment. The Clerk is directed to enter judgment. Signed by Judge Elaine D. Kaplan. (dw1) Copy to parties.

Keywords: re: Pro Se Plaintiff; Motion to Dismiss for Lack of Subject Matter Jurisdiction; RCFC 12(b)(1); Unjust Conviction and Imprisonment; 28 U.S.C. § 1495; 28 U.S.C. § 2513.

15-343 • BAKER v. USA

Filed 09/02/2015
REPORTED ORDER granting Motion to Dismiss - Rule 12(b)(1) and (6); denying as moot [14] Motion for Summary Judgment. The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1) and (6), Order on Motion for Summary Judgment, Reported Opinion. Claims for Breach of Employment Settlement Agreement, Discrimination, Defamation of Character, Infliction of Emotional Distress, and Retaliation; Subject Matter Jurisdiction; Lack of Money-Mandating Source of Law or Settlement Provision.

15-75 • ADVANCED CONCEPTS ENTERPRISES, INC. v. USA

Filed 09/02/2015
REPORTED ORDER granting Motion to Redact Memorandum Opinion And Final Order. Signed by Judge Susan G. Braden.

Keywords: re: Administrative Record,RCFC 52.1Bid Protest;Federal Acquisition Regulations (FAR),15.306 (Clarifications),15.404-1 (Unbalanced Pricing),16.201 (Firm-Fixed Contracts);52.215-1 (Instructions To Offerors)Preliminary Injunction,RCFC 65.

13-396 • BARLOW et al v. USA

Filed 09/01/2015
REPORTED OPINION granting in part and denying in part Cross Motion; finding as moot [46] Motion for Oral Argument; granting in part and denying in part [28] Motion for Partial Summary Judgment. (Status Report due by 9/22/2015). Signed by Judge Lydia Kay Griggsby.

Keywords: re: Rails-to-Trails; Fifth Amendment Takings; National Trails System Act; Illinois Law; Fee Simple; Easement; Notice of Interim Trail Use (NITU).

13-949 • SOLARIA CORPORATION et al v. USA

Filed 09/01/2015
REPORTED ORDER granting Motion to Dismiss. Signed by Judge Susan G. Braden.

Keywords: re:22 U.S.C. § 2291 et seq. (Overseas PrivateInvestment Corporation);28 U.S.C. § 1491 (Tucker Act);41 U.S.C. § 7102 (Contract Disputes Act);Jurisdiction;Motion To Dismiss,RCFC 12(b)(1) (Subject-matterjurisdiction),RCFC 12(b)(6) (Failure to state a claim).

95-39 • ANCHOR SAVINGS BANK v. USA

Filed 08/31/2015
REPORTED OPINION--Filed this date. Signed by Judge Lawrence J. Block.

Keywords: re: Reported Opinion: Winstar, Tax Gross Up

99-2051 • ATHEY et al v. USA

Filed 08/31/2015
REPORTED OPINION regarding claims for interest under the Back Pay Act. Signed by Chief Judge Patricia E. Campbell-Smith.

Keywords: re: Reported Opinion---Lump-Sum Payment for Annual Leave; 5 U.S.C. § 5551 et seq.; 5 C.F.R. § 550.1202; Back Pay Act; Interest; 5 U.S.C. § 5596; 5 C.F.R. § 550.803.

15-411 • CLAYGROUP, LLC, THE v. USA

Filed 08/31/2015
REPORTED ORDER. Signed by Judge Susan G. Braden.

Keywords: re: Ability-One Program,41 C.F.R § 51-1.1(a);Bid Protest,28 U.S.C. §1491;Competition In Contracting Act Of 1984,31 U.S.C §§ 35513556;Judgment On The Administrative Record,RCFC 52.1;Small Business Concerns,38 U.S.C.§ 8127;Standing.

11-236 • DEMODULATION, INC. v. USA

Filed 08/27/2015
REPORTED OPINION AND ORDER granting in part and finding as moot in part Motion for Partial Summary Judgment and denying [111] Cross-Motion and RESPONSE to [94] MOTION for Partial Summary Judgment. Signed by Judge Thomas C. Wheeler.

Keywords: re: Reported Opinion and Order on Motion for Partial Summary Judgment; Privity of Contract; Cooperative Research and Development Agreement (CRADA); Subcontractor Claims; Subject Matter Jurisdiction; Partial Summary Judgment.

14-627 • DIVERSIFIED GROUP INCORPORATED et al v. USA

Filed 08/26/2015
ORDER AND OPINION granting defendant's motion to dismiss. Signed by Judge Margaret M. Sweeney.

Keywords: re: Motion to Dismiss for Lack of Jurisdiction, RCFC 12(b)(1); Subject Matter Jurisdiction; Tax Shelter; Full Payment Rule; Penalty; 26 U.S.C. § 6111; 26 U.S.C. § 6707; Aggregate; Divisibility; Abatement; Son-of-BOSS; Option Partnership Strategy; Financial Derivatives Investment Strategy

13-232 • CAMERON LANNING CORMACK v. USA

Filed 08/26/2015
REPORTED OPINION reflecting no redactions from the document previously filed under seal on August 18, 2015. Signed by Judge Charles F. Lettow.

Keywords: re: Reported Opinion; Patent case; defendants' motion for summary judgment on grounds of non-infringement.

15-16 • AUTHENTIC APPAREL GROUP, LLC et al v. USA

Filed 08/26/2015
REPORTED ORDER granting Motion to Dismiss - Rule 12(b)(1); ( Status Report due by 9/28/2015). Signed by Judge Susan G. Braden.

Keywords: re: Jurisdiction;Motion To Dismiss,RCFC 12(b)(1);Tucker Act,28 U.S.C. § 1491.

15-673 • IEI-CITYSIDE JV v. USA

Filed 08/25/2015
REPORTED OPINION - Reissued. Signed by Judge Elaine D. Kaplan.

Keywords: re: Post-Award Bid Protest; Small Business Administration; Joint Venture Agreement; 13 C.F.R. § 124.513; 13 C.F.R. § 121.103(h)(3); Mentor/Protg; Affiliation.

14-494 • BAHA v. USA

Filed 08/24/2015
REPORTED OPINION Denying in part and Granting in part Motion to Dismiss pursuant to Rules 12(b)(1) and (6) Or To Provide Notice To Interested Parties filed by USA. Signed by Judge Nancy B. Firestone.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1) and (6), Reported Opinio: Motion to Dismiss; Lack of Jurisdiction; RCFC 12(b)(1); Failure to State a Claim; RCFC 12(b)(6); Pleading Contractual Provisions; RCFC 9(k); Contract Disputes Act; Notice to Interested Parties; RCFC 14(b)(3); RCFC 12(b)(7)

15-498 • ACC CONSTRUCTION COMPANY, INC. v. USA

Filed 08/21/2015
REPORTED OPINION. Signed by Senior Judge Eric G. Bruggink. (bz1) Copy to parties.

Keywords: re: Reported Opinion Bid Protest; Two-Phase Procurement; Unstated Evaluation Criteria; 10 U.S.C. §§ 2305, 2305a; FAR 15.305; Lack of Prejudice.

11-541 • NEW ORLEANS REGIONAL PHYSICIAN HOSPITAL ORGANIZATION, INC v. USA

Filed 08/21/2015
REPORTED OPINION granting in part and denying in part Motion to Compel. As further specified herein, the parties shall agree on further discovery by September 21, 2015, defendant shall complete any new document production by November 23, 2015, the parties shall agree to a schedule for any further depositions by December 9, 2015, fact discovery shall be completed by February 1, 2016, and the parties shall file a joint status report on further proceedings by February 16, 2016. Signed by Chief Judge Patricia E. Campbell-Smith.

Keywords: re: Order on Motion to Compel, Reported Opinion: Motion to compel; RCFC 37; Conferring in good faith; Discovery; Search protocol; E-discovery; Relevance of discovery, Retaking depositions; Attorneys fees pursuant to RCFC 37(a)(5)(C).

15-148 • CYIOS CORPORATION v. USA

Filed 08/21/2015
REPORTED OPINION (public version of sealed Opinion issued July 31, 2015). Signed by Chief Judge Patricia E. Campbell-Smith.

Keywords: re: Reported Opinion: Post-Award Bid Protest; Motion to Dismiss for Lack of Jurisdiction; Standing; Cross-Motions for Judgment on the Administrative Record; Technical Evaluations

14-1236 • JOHNSON v. USA

Filed 08/20/2015
REPORTED OPINION AND ORDER: Granting in part Motion to Dismiss - Rule 12(b)(1). Signed by Judge Lynn J. Bush. (ac7) Copy to parties.

Keywords: re: Military Pay and Disability Retirement Claims; Accrual of Claims.

14-1157 • CRUMLEY v. USA

Filed 08/20/2015
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1) The Clerk is directed to enter judgment. Signed by Senior Judge Eric G. Bruggink. (jpk1) Copy to parties.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1), Reported Opinion. Military pay; wrongful discharge, 10 U.S.C. § 1558(f); Reduction in Force Board; selection board; special board requirement for judicial review.

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