USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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11-201 • ROSS-HIME DESIGNS, INC. v. USA

Filed 04/29/2016
CLAIM CONSTRUCTION OPINION AND ORDER. Joint Proposed Schedule due by 5/13/2016. Signed by Judge Mary Ellen Coster Williams.

Keywords: re: Patent Infringement; 28 U.S.C. § 1498; Claim Construction; Ordinary and Customary Meaning; Prosecution History Disclaimer.

11-751 • MARTINEZ v. USA

Filed 04/29/2016
REPORTED OPINION denying Motion for Relief from Judgment - Rule 60. Signed by Judge Elaine D. Kaplan.

Keywords: re: Federal Rules of Appellate Procedure Rule 4(a); 28 U.S.C. § 2017; 28 U.S.C. § 2522; Excusable Neglect; RCFC 60(b).

14-242 • CFS INTERNATIONAL CAPITAL CORPORATION v. USA

Filed 04/29/2016
REPORTED OPINION on MOTION for Summary Judgment filed by CFS INTERNATIONAL CAPITAL CORPORATION granting [34] Motion for Summary Judgment. Proposed judgment due 5/20/2016.. Signed by Senior Judge Nancy B. Firestone.

Keywords: re: Order on Motion for Summary Judgment: Breach of Contract; Assignment Agreement; Export-Import Bank; Motion for Summary Judgment

15-586 • JUDD v. USA

Filed 04/28/2016
Docketed for Administrative Purposes REPORTED ORDER denying Motion for Relief from Judgment - Rule 60. Signed by Senior Judge Nancy B. Firestone. (jt1) Copy to parties.

Keywords: re: Pro Se; Denial of Motion for Relief; RCFC 54(b); RCFC 60(b)

16-101 • Q INTEGRATED COMPANIES, LLC v. USA

Filed 04/28/2016
REPORTED OPINION, reflecting redactions from the opinion and order previously entered under seal on April 20, 2016. Signed by Judge Charles F. Lettow.

Keywords: re: Reported Opinion: Post-award bid protest; HUD asset-management contracts for three geographic areas; awards based upon a trade-off between past performance ratings and price; challenge to past performance ratings; adequacy and fairness of discussions with offerors within the competitive range; FAR § 15.306(d).

14-814 • WADE v. USA

Filed 04/28/2016
REPORTED OPINION denying Defendant's Motion for Judgment on the Administrative Record and granting [20] Plaintiff's Cross-motion for Judgment on the Administrative Record. The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler.

Keywords: re: Review of BCNR Administrative Decisions Resulting in Discharge From the Navy; Procedures of Administrative Separation Board; Standard of Review; Available Remedies.

16-362 • NATIONAL AIR CARGO GROUP, INC. v. USA

Filed 04/28/2016
REPORTED OPINION AND ORDER: The United States' motion to dismiss, ECF No. 11, is DENIED. National's motion for a preliminary injunction and its application and supplemental application for a temporary restraining order, ECF Nos. 12 & 29, are also DENIED. On or before May 10, 2016, the parties shall submit a Joint Status Report regarding further proceedings in this matter. Signed by Judge Charles F. Lettow.

Keywords: Bid protest; multiple awards of indefinite-delivery/ indefinite-quantity contracts; challenge by one of the awardees to a later award of an additional contract; statutory prerequisites for a bid protest; 28 U.S.C § 1491(b)(1); standing; dispute over applicability of the Competition in Contracting Act to the later award

00-512 • PETRO-HUNT, L.L.C. v. USA

Filed 04/26/2016
REPORTED OPINION. Signed by Judge Marian Blank Horn. (jm5) Copy to parties. Modified on 5/3/2016 - correction to pdf(jt1).

Takings; Judicial Takings Claim; Motion to Dismiss; Subject-Matter Jurisdiction. Keywords: re: Reported Opinion

11-775 • PETRO-HUNT, L.L.C. v. USA

Filed 04/26/2016
REPORTED OPINION. Signed by Judge Marian Blank Horn.

Takings; Judicial Takings Claim; Motion to Dismiss; Subject-Matter Jurisdiction. Keywords: re: Reported Opinion

12-209 • HOUSING AUTHORITY OF THE COUNTY OF SANTA CLARA et al v. USA

Filed 04/26/2016
REPORTED OPINION and REPORTED Final Order Regarding Damages Due For The Government's Breach Of Contract. The Clerk is directed to enter judgment. Signed by Judge Susan G. Braden. (ej) Copy to parties.REPORTED OPINION and REPORTED Final Order Regarding Damages Due For The Government's Breach Of Contract. The Clerk is directed to enter judgment. Signed by Judge Susan G. Braden.

Keywords: re: RCFC 15(a)(2) (Amended and Supplemental Pleadings).

16-126 • UNIVERSAL PROTECTION SERVICE, LP v. USA

Filed 04/26/2016
REPORTED OPINION. Signed by Judge Marian Blank Horn.

Post-Award Bid Protest; Motion to Dismiss; Standing; Successor-in-Interest. Keywords: re: Reported Opinion

13-363 • VILLARS v. USA

Filed 04/26/2016
REPORTED OPINION granting-in-part and denying-in-part motion to dismiss, or, in the alternative, for summary judgment. Status Report due by 5/26/2016. Signed by Judge Lydia Kay Griggsby.

Keywords: Rule 12(b)(1), Subject-Matter Jurisdiction; Rule 12(b)(6), Failure to State a Claim; Rule 56, Summary Judgment; Implied-In-Fact Contract; Actual Authority; Ratification.

14-424 • PHIPPS et al v. USA

Filed 04/26/2016
REPORTED OPINION granting in part and denying in part Motion for Partial Summary Judgment; granting in part and denying in part [25] Cross Motion. Signed by Judge Marian Blank Horn.

Keywords: re: Order on Motion for Partial Summary Judgment, Order on Cross Motion [Dispositive], Reported Opinion. Trails Act; Takings Claims; Cross-Motions for Partial Summary Judgment.

15-837 • BRASETH TRUCKING, LLC v. USA

Filed 04/25/2016
REPORTED OPINION Dismissing Case for Lack of Subject Matter Jurisdiction. The Clerk is directed to enter judgment. Signed by Judge Elaine D. Kaplan.

Keywords: re: Reported Opinion; Bid Protest; Standing; Past Performance Evaluation; FAR 15.305(a)(2)(iv); Adjectival Ratings; Trade-off Analysis.

15-292 • LEA v. USA

Filed 04/25/2016
REPORTED Order granting Cross Motion to Dismiss; and dismissing, as moot, [13] Motion for Partial Summary Judgment and [27] Motion to Stay. The Clerk is directed to enter judgment. Costs to defendant. Signed by Judge Marian Blank Horn.

Keywords: re: Pro Se Plaintiff; Lack of Subject Matter Jurisdiction; Breach of Contract; Collateral Estoppel; Third Party Beneficiary.

15-1151 • GHAFFARI v. USA

Filed 04/22/2016
REPORTED OPINION granting Defendant's Motion to Dismiss - Rule 12(b)(1). The Clerk is directed to enter judgment dismissing plaintiff's complaint in its entirety. Signed by Senior Judge James F. Merow. (lae) Copy to parties. (Main Document 12 replaced on 4/26/2016 to correct signature block.)

Keywords: Subject Matter Jurisdiction; Privacy Act; Bivens Actions; 28 U.S.C. § 2201; 26 U.S.C. § 7431; Pro Se Corporate Representation, re: Reported Opinion.

16-296 • REO SOLUTION, LLC v. USA

Filed 04/21/2016
REPORTED OPINION The Clerk is directed to enter judgment for defendant. Signed by Senior Judge Eric G. Bruggink. (jpk1) Copy to parties.

Keywords: re: Reported Opinion: Post-Award Bid Protest; Motion to Dismiss; Subject Matter Jurisdiction; Standing; Substantial Chance

16-182 • GEO-MED, LLC v. USA

Filed 04/20/2016
Docketed for Administrative Purposes REPORTED OPINION DISMISSING CASE. The Clerk is instructed to enter judgment accordingly. No costs. Signed by Judge Nancy B. Firestone. (jt1) Copy to parties. (jt1).

Keywords: re: Order Dismissing Case: Pre-Award Bid Protest; Department of Veterans Affairs; Small-Business Set-Aside; Improper Bundling; Unduly Restrictive Solicitation; Small Business Participation; Exclusion from Competitive Award (tc)Keywords: re: [35] Pre-Award Bid Protest; Department of Veterans Affairs; Small-Business Set-Aside; Improper Bundling; Unduly Restrictive Solicitation; Small Business Participation; Exclusion from Competitive Award

11-223 • AMERICAN INNOTEK, INC. v. USA

Filed 04/20/2016
CORRECTED REPORTED OPINION. Signed by Judge Mary Ellen Coster Williams. (TF3) Copy to parties.

Keywords: re: Patent Infringement; 28 U.S.C. § 1498; Claim Construction; Claim Differentiation; Prosecution History Disclaimer; Indefiniteness; 35 U.S.C. § 112. (TF3)

16-183 • MANUS MEDICAL, LLC v. USA

Filed 04/20/2016
Docketed for Administrative Purposes REPORTED OPINION DISMISSING CASE. The Clerk is instructed to enter judgment accordingly. No costs.Signed by Judge Nancy B. Firestone. (jt1) Copy to parties. (jt1).

Keywords: re: Order Dismissing Case: Pre-Award Bid Protest; Department of Veterans Affairs; Small-Business Set-Aside; Improper Bundling; Unduly Restrictive Solicitation; Small Business Participation; Exclusion from Competitive Award (tc)Keywords: re: [25] Pre-Award Bid Protest; Department of Veterans Affairs; Small-Business Set-Aside; Improper Bundling; Unduly Restrictive Solicitation; Small Business Participation; Exclusion from Competitive Award

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