USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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12-303 • HITKANSUT LLC et al v. USA

Filed 10/21/2014
REPORTED OPINION AND ORDER denying Motion to Compel; denying [76] Motion to Compel; denying [77] Motion to Compel; denying [78] Motion to Compel; granting [79] Motion for Extension of Time to Complete Discovery (Fact Discovery due by 11/17/2014). Signed by Judge Charles F. Lettow.

Keywords: re: Patent case; motions to compel the production of documents from a CRADA partner of the government and from one of the governments national laboratories; RCFC 26(b)(1)-(2), (g)(1); application of proportionality considerations to plaintiffs discovery requests; classified documents.

14-720 • BAHRAIN MARITIME & MERCANTILE INTERNATIONAL BSC (C) v. USA

Filed 10/21/2014
REPORTED OPINION (REDACTED) granting Defendant's Motion for Judgment on the Administrative Record; denying Plaintiff's Motion for Judgment on the Administrative Record. Signed by Judge Elaine D. Kaplan.

Keywords: re: 28 U.S.C. § 1491(b)(1); Post-award Bid Protest; Best-Value Negotiated Procurement Conducted under FAR Part 15; FAR 15.305; FAR 15.308; PastPerformance; Neutral Rating; Tradeoff; RCFC 52.1

12-184 • ALBEMARLE CORPORATION & SUBSIDIARIES v. USA

Filed 10/20/2014
REISSUED OPINION. Signed by Judge Marian Blank Horn.

11-681 • JONES et al v. USA

Filed 10/20/2014
REPORTED OPINION ( Joint Status Report due by 11/7/2014) granting, in part, and denying, in part Motion to Certify Class. Signed by Judge Francis M. Allegra.

Keywords: re: Class action RCFC 23; Premium pay; Sunday premium pay under 5 U.S.C. §§ 5544(a) and 5546(a); Fathauer; Part-time employees; Numerosity; Commonality; Typicality; Adequacy; Superiority; Motion for class action under RCFC 23 allowed, in part.

11-808 • WELLS FARGO & COMPANY v. USA

Filed 10/20/2014
AMENDED REPORTED OPINION granting Motion for Partial Summary Judgment; denying [63] Cross Motion. Signed by Judge Nancy B. Firestone.

Keywords: re: Interest Netting under 26 U.S.C. § 6621(d); Same Taxpayer; Merged Corporations

14-786 • AMBUILD COMPANY, LLC v. USA

Filed 10/16/2014
Published Opinion and Order reflecting no redactions of confidential or proprietary information from the decision previously filed under seal on October 10, 2014. Signed by Judge Charles F. Lettow.

Keywords: re: Post-award bid protest; challenge to decertification of Service-Disabled Veteran-Owned Small Business for eligibility for an award of a construction contract as to which it was the apparent responsible, responsive lowest-cost bidder; protestor's lack of opportunity to address issue treated as dispositive by the agency; procedural due process; 5 U.S.C. § 555; unconditional nature of service-disabled veteran's majority ownership of the business; prejudice; remedy.

09-363 • LAKE CHARLES XXV, LLC v. USA

Filed 10/15/2014
REPORTED ORDER AND OPINION granting Defendant's Motion for Partial Summary Judgment and denying [63]Plaintiff's Cross-Motion for Partial Summary Judgment.. Signed by Senior Judge Eric G. Bruggink. (jpk1) Copy to parties.

Keywords: re: Order on Motion for Partial Summary Judgment, Reported Order: Contract Disputes Act; Excusable delay; Notice of delay; Waiver; No-waiver clause; Bad Faith

13-465 • FAIRHOLME FUNDS, INC. et al v. USA

Filed 10/15/2014
REPORTED ORDER denying J. Timothy Howard's application for admission to the protective order. Signed by Judge Margaret M. Sweeney.

Keywords: re: Limiting Access to Protective Order; Risk of Disclosure; Valid Risk of Harm.

13-352 • AUSTIN et al v. USA

Filed 10/10/2014
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1) and (6). The Clerk is directed to enter judgment. Signed by Judge Marian Blank Horn.

Keywords: re: Pro Se Plaintiffs, Breach of Contract; Motion to Dismiss; Lack of Subject Matter Jurisdiction; Failure to State a Claim; Federal Crop Insurance Reform and Department of Agriculture Reorganization Act of 1994, 7 U.S.C. § 6901, et seq.

14-268 • STEVENS v. USA

Filed 10/08/2014
REPORTED MEMORANDUM OPINION and FINAL ORDER granting Motion to Dismiss - Rule 12(b)(1). The Clerk is directed to enter judgment. Signed by Judge Susan G. Braden.

Keywords: re: Jurisdiction; Motion to Dismiss, RCFC 12(b)(1); Pro Se.

11-884 • REOFORCE, INC. et al v. USA

Filed 10/07/2014
REPORTED OPINION. The Clerk is directed to dismiss the Amended Complaint. Signed by Judge Susan G. Braden.

Keywords: re: The California Desert Conservation Act, 43 U.S.C. § 1781;The California Desert Protection Act, 16 U.S.C. § 1410aaa-7j;The Common Varieties Act, 30 U.S.C. § 611;The Federal Land Management and Policy Act of 1976, 43 U.S.C. § 1701 et seq.;The Mining Law of 1872,30 U.S.C. §§ 2254;Takings Clause of the Fifth Amendment to the United States Constitution, U.S. Const. amend. V, cl. 4;Unpatented mining claims; 28 U.S.C. § 2501 (statute of limitations);RCFC 12(h)(3) (lack of subject matter jurisdiction).

14-224 • FERGUSON et al v. USA

Filed 10/06/2014
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1). The Clerk is directed to enter judgment. Signed by Judge Francis M. Allegra.

Keywords: re: Tax refund suit; RCFC 12(b)(1); Jurisdiction tax jurisdiction is under 28 U.S.C § 1492(a)(1) not 28 U.S.C. § 1346(a)(1); Statute of Limitations in 28 U.S.C. § 6532(a)(1); Equitable tolling RFI Holdings; Motion to dismiss granted.

14-651 • RLB CONTRACTING, INC. v. USA

Filed 10/03/2014
REPORTED OPINION. The Clerk is directed to enter judgment for plaintiff. Signed by Senior Judge Eric G. Bruggink. (jpk1) Copy to parties.

Keywords: re: Reported Opinion: Pre-Award Bid Protest; NAICS code 237990; Small business size standard; Small Business Administration Office of Hearings and Appeals; Injunctive relief

14-206 • SHIPMAN v. USA

Filed 10/01/2014
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: Jurisdiction; Motion to Dismiss, RCFC 12(b)(1), 12(b)(6); Pro Se; Summary Judgment, RCFC 56 re: [7] Order on Motion to Dismiss - Rule 12(b)(1) and (6), Reported Opinion

13-1012 • HYPERION, INC. v. USA

Filed 09/29/2014
REPORTED OPINION granting Motion for Bill of Costs; granting in part and denying in part [39] Motion for Attorney Fees. Hyperion is awarded attorneys fees of $30,309.19, paralegal fees of $987.00, and expenses of $441.26. Hyperion is awarded the filing fee of $400.00. In total, Hyperion is awarded $32,137.45. The Clerk is directed to enter judgment. Signed by Judge Charles F. Lettow.

Keywords: re: Order on Motion for Bill of Costs; Order on Motion for Attorney Fees; Reported Opinion; Application by a prevailing plaintiff for an award of attorneys' fees and expenses pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412; no substantial justification for the government's position; reduction in an attorney's hours for work ordinarily done by a paralegal.

14-622 • GLOBAL MILITARY MARKETING, INC. v. USA

Filed 09/29/2014
REPORTED OPINION granting Motion to Supplement the Administrative Record; denying [11] Motion for Judgment on the Administrative Record; granting in part and denying in part [14] Motion to Dismiss - Rule 12(b)(1); granting [14] Motion for Judgment on the Administrative Record; granting [17] Motion to Amend/Correct. The Clerk is directed to enter judgment. Signed by Judge Mary Ellen Coster Williams.

Keywords: re: Pre-award Bid Protest; 28 U.S.C. § 1491(b)(1); Jurisdiction; Standing; Federal Acquisition Regulation (FAR) 52.212-1(f); Late Proposal; Supplementation of Administrative Record.

97-579 • SGS-92-X003 v. USA

Filed 09/26/2014
REPORTED OPINION. The Clerk is directed to enter judgment. Signed by Judge Mary Ellen Coster Williams.

Keywords: re: Reported Opinion Breach of Implied-in-Fact Contract; Breach of Duty of Good Faith and Fair Dealing; Duty to Protect; Confidential Informant; Violation of Procedures; Multiple Sclerosis; Expectation Damages; Causation; Foreseeability; Reasonable Certainty.

10-540 • CANVS CORPORATION v. USA

Filed 09/26/2014
REPORTED OPINION denying Defendant's MOTION to Stay this Case Pending the Inter Partes Review of the Patent-in-Suit Before the Patent Trial and Appeal Board. Signed by Chief Judge Patricia E. Campbell-Smith.

Keywords: re: Order on Motion to Stay, Reported Opinion -- Patent; Motion to Stay; Patent and Trademark Office (PTO); Inter Partes Review; 35 U.S.C. §§ 311 through 319.

08-847 • BARLOW & HAUN, INC et al v. USA

Filed 09/26/2014
REPORTED OPINION dismissing plaintiffs' takings claim as unripe, dismissing the breach-of-contract claim asserted by three plaintiffs for lack of standing, and dismissing the remaining plaintiff's breach-of-contract claim with prejudice. The Clerk is directed to enter judgment. Signed by Judge Margaret M. Sweeney. (kb1)

Keywords: re: Reported Opinion, Trial; Suspension of Oil and Gas Leases; Concurrent Development of Oil and Gas and Trona; Resource Management Plans; Breach of Contract; Fifth Amendment Taking; Jurisdiction; Statute of Limitations; Justiciability; Ripeness; Standing; Repudiation

14-242 • CFS INTERNATIONAL CAPITAL CORPORATION v. USA

Filed 09/26/2014
REPORTED OPINION on granting in part and denying in part Government's MOTION to Dismiss pursuant to Rule 12(b)(6) . Signed by Judge Nancy B. Firestone.(tc) Copy to parties. Answer due by 10/16/2014.

Keywords: re: Motion to dismiss for failure to state a claim; breach of contract; breach of implied covenant of good faith and fair dealing; Import-Export Bank.

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