USCFC General Jurisdiction-Reported

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19-149 • SANDWICH ISLES COMMUNICATIONS, INC. v. USA

Filed 10/11/2019
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1) and (6). The Clerk is directed to enter judgment. Signed by Senior Judge Loren A. Smith. (sm) Service on parties made.

Keywords: Lack of Subject Matter Jurisdiction; RCFC 12(b)(1); Failure to State a Claim; RCFC 12(b)(6). Re: Order on Motion to Dismiss - Rule 12(b)(1) and (6), Reported Opinion.

13-396 • BARLOW et al v. USA

Filed 10/11/2019
REPORTED MEMORANDUM OPINION AND ORDER approving the parties' settlement agreement. The Clerk is directed to enter judgment pursuant to RCFC 54(b) in the total amount of $456,542.18. Signed by Judge Lydia Kay Griggsby. (jw) Service on REPORTED MEMORANDUM OPINION AND ORDER approving the parties' settlement agreement. The Clerk is directed to enter judgment pursuant to RCFC 54(b) in the total amount of $456,542.18. Signed by Judge Lydia Kay Griggsby. (jw) Service on parties made.parties made.

Keywords: Rails-to-Trails; Fifth Amendment Takings; Class Action; Settlement; Fairness Hearing; RCFC 23(e), re: Reported Memorandum Opinion and Order.

15-938 • CIAPESSONI et al v. USA

Filed 10/11/2019
REPORTED ORDER granting Motion for Attorney Fees. Signed by Senior Judge Loren A. Smith. (mr) Service on parties made.

15-938 • CIAPESSONI et al v. USA

Filed 10/11/2019
REPORTED OPINION granting Motion. The Clerk is directed to enter judgment. Signed by Senior Judge Loren A. Smith. (Attachments: # (1) Exhibit A, # (2) Exhibit B) (mr) Service on parties made.

18-1299 • COLUMBUS REGIONAL HOSPITAL v. USA

Filed 10/10/2019
REPORTED OPINION Granting Motion to Dismiss - Rule 12(b)(1). The Clerk is directed to enter judgment. Signed by Judge Richard A. Hertling. (abg) Service on parties made.

Keywords: re: Disaster-Relief Grants, Dismissal, RCFC 12(b)(1), Express Contract, Implied-In-Fact Contract, Third Party Beneficiary

19-1160 • AKIRA TECHNOLOGIES, INC. v. USA

Filed 10/10/2019
REPORTED OPINION. Granting government's motion to dismiss plaintiff's complaint - Rule 12(b)(1). Signed by Senior Judge Nancy B. Firestone. (gd) Service on parties made.

Keywords: re: Reported Opinion. Bid Protest; Motion to Dismiss for Lack of Subject Matter Jurisdiction; RCFC 12(b)(1); FASA; 41 U.S.C. § 4106(f); Task Order Modification

19-1116 • ORBITAL MAINTENANCE AND CONSTRUCTION CO v. USA

Filed 10/09/2019
REPORTED OPINION: Reflecting redactions from the opinion and order previously entered on October 1, 2019. Signed by Senior Judge Charles F. Lettow.

Keywords: re Redacted Opinion: Post-award bid protest; standing.

19-1147 • HARMONIA HOLDINGS GROUP, LLC v. USA

Filed 10/09/2019
REPORTED OPINION, unsealing and reissuing OPINION and ORDER. Signed by Senior Judge Loren A. Smith. (mr) Service on parties made.

Keywords: Post-Award Bid Protest; Judgment on the Administrative Record; Bridge Contract; Preliminary Injunction; Permanent Injunction; 48 C.F.R. § 8.405-6; Urgent and Compelling Need. re: Reported Opinion

15-336 • ROCKY MOUNTAIN HELIUM, LLC v. USA

Filed 10/08/2019
REPORTED OPINION denying defendant's MOTION for Summary Judgment on Liability and granting plaintiff's [108] CROSS-MOTION for Summary Judgment on Liability. On or before October 25, 2019, the parties are requested to provide a proposed plan and schedule for addressing damages. Signed by Senior Judge Charles F. Lettow. (lw) Modified docket text on 10/9/2019

Keywords: re: Remanded claim for breach of a settlement agreement; contractual obligations under the settlement agreement; liability

19-892 • LOC PERFORMANCE PRODUCTS, INC. v. USA

Filed 10/07/2019
REPORTED OPINION (Reissuing 9/23/19 Sealed Opinion). Signed by Senior Judge Eric G. Bruggink. (wr) Service on parties made.

Keywords: re: Reported Opinion: Bid protest; post-award bid protest; 28 U.S.C. § 1491(b)(4) (2018); 48 C.F.R. § 15.306 (2018); technical evaluation; competitive range determination; responsibility determination; prejudice.

18-1623 • CONWAY v. USA

Filed 10/03/2019
REPORTED OPINION on CROSS MOTION for Summary Judgment filed by USA, [5] MOTION for Summary Judgment filed by MICHAEL CONWAY (Joint Stipulation or Joint Status Report due by 10/18/2019) Granting in part and Denying in part [5] Motion for Summary Judgment; Granting in part and Denying in part [10] Cross Motion; and Dismissing Count I of the Complaint. Signed by Judge Richard A. Hertling. (ah) Service on parties made.

Keywords: re: Order on Motion for Summary Judgment,, Order on Cross Motion [Dispositive],, Reported Opinion,, Affordable Care Act,, Reinsurance Program,, Right of Offset,, 42 U.S.C. § 18061,, 45 C.F.R. § 156.1215,

10-647 • COLONIAL CHEVROLET CO., INC. et al v. USA

Filed 10/02/2019
REPORTED OPINION The Clerk is directed to enter judgment for the defendant regarding the claims of the representative plaintiffs pursuant to RCFC 54(b). Status Report due by 11/1/2019. Signed by Senior Judge Nancy B. Firestone. (lb) Service on parties made. (Main Document 504 replaced on 10/3/2019 for corrections to pgs. 8 and 11) (ac7).

Keywords: re: Reported Opinion, Fifth Amendment Taking; Government Action Through Coercion; Economic Value in a "But For World"

19-1024 • EMERGENCY PLANNING MANAGEMENT,INC. v. USA

Filed 10/02/2019
REPORTED OPINION denying Motion for Judgment on the Administrative Record; granting [22] Motion for Judgment on the Administrative Record The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler. (sb) Service on parties madREPORTED OPINION denying [21] Motion for Judgment on the Administrative Record; granting [22] Motion for Judgment on the Administrative Record The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler. (sb) Service on parties madREPORTED OPINION denying [21] Motion for Judgment on the Administrative Record; granting [22] Motion for Judgment on the Administrative Record The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler. (sb) Service on parties made.e.e.

Keywords: re: Order on Motion for Judgment on the Admin. Record, Reported Opinion, Reported Order, Pre-award Bid Protest; Rational Basis Standard; Competition in Contracting Act; Bundling; Consolidation; Agency Discretion; Small Business Act; Motion for Permanent Injunction; 28 U.S.C. § 1491(b); Standard for Injunctive Relief

19-575 • RX JOINT VENTURE, LLC v. USA

Filed 10/02/2019
REPORTED OPINION denying Plaintiff's MJAR; granting [19] Defendant's cross-motion. Signed by Judge Elaine D. Kaplan. (feb) Service on parties made.

Keywords re Reported Opinion: Bid Protest; Air Force; IDIQ; Technical Evaluation; IT Services

17-854 • PACIFIC COAST COMMUNITY SERVICES, INC. v. USA

Filed 10/01/2019
REPORTED MEMORANDUM OPINION AND ORDER GRANTING IN PART and DENYING IN PART Motion for Summary Judgment, filed by PACIFIC COAST COMMUNITY SERVICES, INC., and GRANTING IN PART and DENYING IN PART [40] Motion for Summary Judgment, filed by USA. The Court will enter an Order reflecting the conclusion of this Memorandum Opinion. Re-docketed to correct earlier entry error Signed by Judge Richard A. Hertling. (jt1) Service on parties made. (Main Document 66 replaced on 10/7/2019 to correct typographical error in opinion)

Keywords: re: Summary Judgment; Contract Interpretation; Ambiguity; Proof of Damages (abg)Keywords: re: Summary Judgment; Contract Interpretation; Ambiguity; Proof of Damages

19-770 • FRANCIS v. USA

Filed 10/01/2019
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1) and (6). The Clerk is directed to enter judgment. Signed by Senior Judge Nancy B. Firestone. (ac7) Service on parties made. (Certified Mail# 7018 0040 0001 1393 4779)

Keywords: Pro Se; Dismissal for Lack of Subject Matter Jurisdiction; Rule 12(b)(l); Jurisdiction is lacking over: Tort Claims, Damages for Discriminationand Retaliation under the Fair Housing Act, and Claims for Punitive Damages.

17-855 • HAHNENKAMM, LLC v. USA

Filed 10/01/2019
REPORTED OPINION granting Motion to Compel. Signed by Senior Judge Charles F. Lettow.

Keywords: re: Motion to compel deposition; non testifying expert who is collaborator to testifying expert

17-220 • KUWAIT PEARLS CATERING COMPANY, WLL v. USA

Filed 09/30/2019
REPORTED ORDER denying Motion to Dismiss - Rule 12(b)(1) and (6); Telephonic status conference set for 10/22/2019 at 2:00 PM E.D.T. Signed by Senior Judge Mary Ellen Coster Williams. (ag) Service on parties made.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1) and (6): Rule 12(b)(1); Motion to Dismiss; Fifth Amendment Taking; Standing; Substantial Connections of Foreign Plaintiff to United States; 28 U.S.C. § 1502; United States-Iraq Status of Forces Agreement.

19-1205 • PAE-PARSONS GLOBAL LOGISTICS SERVICES, LLC v. USA

Filed 09/30/2019
PUBLIC OPINION denying MOTION to Dismiss pursuant to Rules 12 (b)(1) and (6). Signed by Senior Judge Loren A. Smith. (kn) Service on parties made.

Keywords: re: Motion to Dismiss; RCFC 12(b)(1); RCFC 12(b)(6); Federal Acquisition Streamlining Act of 1994; Standing; Jurisdiction; Interested Party; Indefinite-Delivery Indefinite-Quantity Contract; Task Order.

15-488 • TECHNICAL COLLEGE OF THE LOW COUNTRY v. USA

Filed 09/30/2019
REPORTED OPINION re: liability and just compensation. Joint status report due 10/15/2019. Signed by Chief Judge Margaret M. Sweeney. (pp) Service on parties made.

Keywords: Rails-to-Trails; Trial; Liability; Valid Property Interest; Standing; Waiver; Scope of Easement; Just Compensation; Larger Parcel Determination; Contiguity; Highest and Best Use; Unit Rule; Deed Restriction; Access; Comparable Sales; Adjustments; Delay Damages; Attorney Fees and Costs.

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