USCFC General Jurisdiction-Reported

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1:13-cv-00567 • NEW HAMPSHIRE FLIGHT PROCUREMENT, LLC, v. USA

Filed 08/29/2014
REPORTED OPINION granting Motion to Dismiss. The Clerk is directed to enter judgment. Signed by Judge Marian Blank Horn.

1:11-cv-00236 • DEMODULATION, INC. v. USA

Filed 08/29/2014
REPORTED OPINION granting Motion for Partial Summary Judgment; granting in part and denying in part [56] Motion to Dismiss - Rule 12(b)(1).The Government shall file an answer by 9/12/2014. Signed by Judge Thomas C. Wheeler.

Keywords: re: Patent Infringement Case; RCFC 12(b)(1) Motion to Dismiss for Lack of Subject Matter Jurisdiction; RCFC 56(a) Motion for Summary Judgment.

1:14-cv-00020 • GUARDIAN ANGELS MEDICAL SERVICE DOGS, INC., v. USA

Filed 08/29/2014
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1). The Clerk is directed to enter judgment. Signed by Judge Mary Ellen Coster Williams.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1), Reported Opinion: Contracts Disputes Act, 41 U.S.C. § 7104 (b); Government Claim; Failure to Appeal Default Termination Within 12 months.

1:14-cv-00193 • HICKS v. USA

Filed 08/29/2014
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1) and (6). The Clerk is directed to enter judgment. Signed by Chief Judge Patricia E. Campbell-Smith. (hw1) Copy to parties.

Keywords: re: Pro Se; Rule(b)(1); Lack of Jurisdiction; Rule 12(b)(6); Failure to State a Claim; Tort Claims; Punitive Damages; Informant Reward; Criminal penalties; Impeachment; Fifth & Sixth Amendments; takings: Frivolusness, 28 U.S.C. ss 1915; Interest; Attorneys' Fees; Travel Expenses; Costs

1:13-cv-00599 • THRESHOLD TECHNOLOGIES, INC. v. USA

Filed 08/29/2014
REPORTED OPINION granting in part and denying in part Motion to Dismiss. Signed by Judge Marian Blank Horn.

1:13-cv-00057 • ENSIGN-BICKFORD AEROSPACE & DEFENSE CO v. USA

Filed 08/28/2014
REPORTED OPINION AND ORDER DENYING MOTION TO DISMISS. Signed by Judge Elaine D. Kaplan.

Keywords: re: Reported Opinion : 28 U.S.C. 1498; RCFC 12(b)(1); 28 U.S.C. 1500; Claim Against the United States or Its Proxy; Pending in Another Court; Cause of Action Alleged; Patent Infringement

1:14-cv-00216 • BAILEY TOOL & MFG. COMPANY v. USA

Filed 08/28/2014
REPORTED OPINION. Signed by Judge Elaine D. Kaplan.

Keywords: re: Reported Opinion : Pre-Award Bid Protest; Motion for Judgment on the Administrative Record; RCFC 52.1; Small Business Administration (SBA); Responsibility; Certificate of Competency (COC); Adequate Financial Resources or Ability to Obtain Them; FAR 9.104-1(a); FAR 9.104-3(a)

1:09-cv-00153 • AMERICAN GOVERNMENT PROPERTIES, ET AL. v. USA

Filed 08/28/2014
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1); finding as moot [51] Motion for Summary Judgment. The Clerk is directed to enter judgment. Signed by Senior Judge Eric G. Bruggink. (jpk1) Copy to parties. Modified on 8/28/2014 - corrected pdf (jt1).

Keywords: re: Contracts; Contracts Act, 41 U.S.C. § 6305, Prohibition of assignment of contracts with the federal government.

1:14-cv-00577 • MCNAUGHTON v. USA

Filed 08/28/2014
REPORTED ORDER granting Motion for Leave to Proceed in forma pauperis for the limited purpose of addressing the court's jurisdiction; denying [4] Motion to Appoint Counsel; and dismissing the complaint for lack of subject matter jurisdiction. No costs. The Clerk is directed to enter judgment. Signed by Chief Judge Patricia E. Campbell-Smith.

Keywords: re: Pro Se Complaint; Sua Sponte Dismissal for Want of Jurisdiction; Transfer; 28 U.S.C. § 1631.

1:13-cv-00546 • FRANKEL v. USA

Filed 08/27/2014
REPORTED OPINION granting in part and denying in part Motion to Dismiss - Rule 12(b)(1) and (6). Joint Status Report due by 9/26/2014. Signed by Judge Francis M. Allegra.

Keywords: re: Reported Opinion: Contract case; Breach of contract; Bid protest; Motion to dismiss under RCFC 12(b)(1) and 12(b)(6); Contest; Breach of Contract; Bid Protest -- 1491(b)(2).

1:13-cv-00071 • COASTAL ENVIRONMENTAL GROUP, INC v. USA

Filed 08/25/2014
REPORTED OPINION reissuing for publication Opinion and Order. Signed by Judge Margaret M. Sweeney. (kb1) Keywords: Bid Protest; Motion to Dismiss; Standing; Cross-Motions for Judgment on the Administrative Record; Constructive Cancellation of a Procurement; Rational Basis; Presumption of Good Faith Modified on 8/29/2014 (jt1).

1:13-cv-00071 • COASTAL ENVIRONMENTAL GROUP, INC v. USA

Filed 08/25/2014
REPORTED OPINION reissuing for publication Order. Signed by Judge Margaret M. Sweeney. (kb1) Keywords: Reported Opinion: Bid Protest; Supplemental Administrative Record; RCFC 11(c)(3), Order to Show Cause; RCFC 11(b)(3), Factual Basis for Representations to the Court; RCFC 11(c)(2), Motion for Sanctions; Inherent Power to Sanction; Backdated Document; Affidavit That Conflicts With Other Materials; Sanctions Imposed

1:14-cv-00355 • CGI FEDERAL INC. v. USA

Filed 08/22/2014
REPORTED OPINION. Signed by Judge Mary Ellen Coster Williams.

Keywords: re: Reported Opinion; Pre-award Bid Protest; 28 U.S.C. § 1491(b)(1); Jurisdiction; Standing; Prospective Bidder; Direct Economic Interest In Award; Centers for Medicare and Medicaid Services (CMS); Federal Acquisition Regulation (FAR) Part 12; FAR Subpart 8.4; Federal Acquisition Streamlining Act (FASA); Customary Commercial Practice; Payment Term; Unduly Restrictive of Competition.

1:13-cv-00232 • CAMERON LANNING CORMACK v. USA

Filed 08/21/2014
REPORTED OPINION granting in part and denying in part Motion to Compel. Plaintiff shall produce all communications, regardless of creation date, that relate to the prior-art references addressed in a disclosed document dated September 13, 2004. Plaintiff is not required to produce any documents generated after the filing date of the patent application that do not relate to the issues of date of conception, date of reduction to practice, and due diligence. Signed by Judge Charles F. Lettow.

Keywords: re: Patent case; motion to compel; production of documents claimed to be protected against disclosure by attorney-client privilege. (EB)

1:12-cv-00390 • HILL v. USA

Filed 08/20/2014
REPORTED OPINION granting in part and denying in part Motion for Summary Judgment. The Clerk is directed to enter judgment. Signed by Judge Susan G. Braden. (dw1) Copy to parties.

Keywords: re: 26 U.S.C. § 6402 (reducing overpayments to cover outstanding liabilities); 28 U.S.C. § 1346; 31 U.S.C. § 3343 (check forgery insurance fund); 31 U.S.C. § 3716 (Treasury Offset Program); Pro Se; RCFC 56 (summary judgment).

1:12-cv-00785 • WATSON v. USA

Filed 08/20/2014
REPORTED ORDER granting in part and denying in part Motion for Clarification. Signed by Chief Judge Patricia E. Campbell-Smith.

Keywords: re: Remand to Administrative Body; 28 U.S.C. § 1491(a)(2); RCFC 52.2(a); Clarification of Issued Remand Order

1:08-cv-00533 • CARDIOSOM, L.L.C. v. USA

Filed 08/19/2014
REPORTED OPINION (technical edit to opinion issued June 30, 2014, ECF No. 87. This Opinion is reissued solely to reflect the names of defendant's current counsel. No other changes to the originally issued opinion have been made.) Signed by Chief Judge Patricia E. Campbell-Smith.

Keywords: re: Reported Opinion, Cross-Motions for Summary Judgment; RCFC 56(a); Breach of Contract; Contract Interpretation; Risk-Shifting Contract Language

1:12-cv-00649 • WALKER v. USA

Filed 08/14/2014
REPORTED OPINION (Reissuance of Opinion filed under seal on June 25, 2014, for publication). Signed by Judge Marian Blank Horn.

Keywords: re: Pro Se Plaintiff; Motion to Dismiss; Lack of Subject Matter Jurisdiction; Statute of Limitations; Incapacitation Pay.

1:14-cv-00214 • APPLIED BUSINESS MANAGEMENT SOLUTIONS, INC.LLC v. USA

Filed 08/13/2014
REPORTED OPINION. Signed by Judge Mary Ellen Coster Williams.

Keywords: re: Post-Award Bid Protest; Corrective Action; Service-Disabled Veteran-Owned Small Business; Termination for Convenience; Reduction in Requirements; Reprocurement As Sole Source 8(a) Set-Aside; FAR 19.804.29; FAR 19.804-2(a); 13 C.F.R. 124.504(a); 13 C.F.R. 124.504(c).

1:14-cv-00234 • OCTO CONSULTING GROUP, INC v. USA

Filed 08/13/2014
REPORTED OPINION. Signed by Judge Marian Blank Horn.

Keywords: re: Bid Protest; Motion for Judgment on the Administrative Record; General Services Administration; Technical Evaluation; Best Value.

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