USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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17-1752 • SENTER, LLC v. USA

Filed 05/16/2018
REPORTED OPINION. Signed by Judge Elaine D. Kaplan. (bl) Service on parties made.

Keywords: re: Reported Opinion; Post-Award Bid Protest; Small Business Administration; Unpopulated Joint Venture; 13 C.F.R. § 121.103(h).

14-253 • BLACKHAWK-JAMCO v. USA

Filed 05/10/2018
REPORTED ORDER: Motion to Substitute due by 7/9/2018. Signed by Senior Judge Loren A. Smith. (mr) Service on parties made.

16-775 • TETRA TECH, INC. v. USA

Filed 05/09/2018
REPORTED OPINION (Reissuance of March 15, 2017 opinion). Signed by Senior Judge Eric G. Bruggink. (wr) Service on parties made.

Keywords: re: Reported Opinion: Post-Award Bid Protest; Technical Evaluation; Unstated Criteria.

18-465 • INTELLIGENT WAVES LLC v. USA

Filed 05/09/2018
REISSUED OPINION--Filed this date. Signed by Senior Judge Robert H. Hodges, Jr. (vk)(Entered: 05/09/2018).

(Court only) Keywords: re: Reported Order Injunctive Relief; Department of Veteran Affairs; Competition in Contracting Act; CICA Stay; Bid Protest; Declaratory Judgment (vk)(Entered: 05/09/2018).

16-1489 • VETERANS TECHNOLOGY LLC et al v. USA

Filed 05/09/2018
REPORTED MEMORANDUM OPINION AND FINAL ORDER ON REMAND. Signed by Chief Judge Susan G. Braden. (cn) Service on parties made.

Keywords: re: 5 U.S.C. § 706 (Administrative Procedure Act, Scope of Judicial Review);15 U.S.C. §§ 631, 633 (Small Business Act);28 U.S.C. § 1491 (Bid Protest Jurisdiction);13 C.F.R. §§ 121.101 (What Are SBA Size Standards?); 121.102 (How Does Small Business Administration (SBA) Establish Size Standards); 121.103 (How Does SBA Determine Affiliation); 121.104 (How Does The SBA Calculate Annual Receipts?); 121.1001 (Who May Initiate A Size Protest Or Request A Formal Size Determination?); 121.1002 (Who Makes A Formal Size Determination?); 121.1003 (Where Should A Size Protest Be Filed?); 121.1009 (What Are The Procedures For Making The Size Determination?); 121.1101 (Are Formal Size Determinations Subject To Appeal?); 134.223 (Evidence); 134.314 (Standard Of Review And Burden Of Proof); 134.316 (The Record);48 C.F.R. §§ 1.602 (Contracting Officers); 15.305 (Proposal Evaluation); 43.102 (Policy); 52.249-6 (Termination); andRule of the United States Court of FederalClaims (RCFC) 24 (Intervention); 52.1 (Motion for Judgment on the Administrative Record).

18-200 • NATIONAL GOVERNMENT SERVICES, INC v. USA

Filed 05/08/2018
REPORTED OPINION. Redacted version of Opinion and Order. Signed by Judge Margaret M. Sweeney. (pp) Service on parties made.

Keywords re: Reported Opinion -- Pre-Award Bid Protest; Section 1874A of the Social Security Act; Medicare Modernization Act; 42 U.S.C. § 1395kk-1; Standing; Full and Open Competition; Statutory Authority to Implement Policy Providing for Other Than Full and Open Competition; Competitive Procurement; Permanent Injunction.

18-433 • ACETRIS HEALTH, LLC v. USA

Filed 05/08/2018
REPORTED OPINION denying Motion to Dismiss - Rule 12(b)(1) and (6). Signed by Judge Margaret M. Sweeney. Telephonic status conference set for 5/10/2018 at 11:00 a.m. (kb1)

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1) and (6), Reported Opinion -- Preaward Bid Protest; Motion to Dismiss; Contract to Provide Entecavir Tablets; Procuring Agency Interpretation of Solicitation's Trade Agreements Clause; Country-of-Origin Determination by Customs and Border Protection; Exclusive Jurisdiction of the United States Court of International Trade; 28 U.S.C. § 1500; Ripeness; Failure to State a Claim Upon Which Relief Can Be Granted

12-889 • SEARS et al v. USA

Filed 05/08/2018
REPORTED OPINION and ORDER granting plaintiffs' motion for approval of settlement. The Clerk is directed to enter judgment in the total amount of $3,455,216.13, consisting of $2,237,169.00 in principal and $443,514.16 in interest through December 31, 2017 for prevailing class members, and $541,722.00 in attorneys' fees and $232,810.97 in litigation costs awarded to class counsel pursuant to the Uniform Relocation Act. Interest shall accrue on the total amount of this judgment at the rate of 3.39% from January 1, 2018 through the date of payment by the Department of the Treasury. The judgment is payable to class counsel for distribution to the class according to the terms of this opinion and order and the Settlement Agreement. The claims of those class members listed in Exhibit B, admitted at the Fairness Hearing, are dismissed. This opinion and order shall not affect the claims of the members of the trial subclass. Signed by Judge Charles F. Lettow.

Keywords: re: Reported Opinion and Order: Rails-to-trails takings case; class action; settlement; fairness hearing; RCFC 23(e).

17-2033 • KEMPER

Filed 05/04/2018
OPINION granting Motion to Dismiss as the complaint is frivolous. The Clerk is directed to enter judgment. Signed by Senior Judge Marian Blank Horn. (lld) Service on parties made. (Plaintiff served via certified mail; Article No. 7017 1450 0000 1346 4834) Modified on 5/8/2018 to add tracking information.

18-512 • TECHNIK INC. v. USA

Filed 05/04/2018
REPORTED OPINION. Signed by Senior Judge Nancy B. Firestone. (dpk) Service on parties made.

Keywords: re: Reported Opinion: Post-Award bid protest; Challenge to technical rating; Responsibility of offeror to provide adequately written proposal; No requirement for best-value tradeoff where highest-rated is lowest priced.

18-556 • MANAGEMENT & TRAINING CORPORATION v. USA

Filed 05/03/2018
REPORTED OPINION. Public version of the court's opinion issued under seal on 4/30/2018, ECF No. [23]. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made.

Keywords: re: Reported Opinion. Bid Protest; Motion to Dismiss for Lack of Standing, RCFC 12(b)(1). (TQ)

17-1933 • SUPPLYCORE INC. v. USA

Filed 05/01/2018
REPORTED OPINION Signed by Senior Judge Nancy B. Firestone. (js) Service on parties made.

Keywords: re: Reported Opinion: Post-Award Bid Protest; NAICS code selection; FAR § 19.303(a)(2); 13 C.F.R. § 121.402(b); FAR § 19.102(d).

17-1875 • GLOBAL DYNAMICS, LLC v. USA

Filed 05/01/2018
REPORTED OPINION of the court's opinion and order on COUNT TWO issued under seal on 4/25/2018, see ECF No. [78]. No redactions were proposed by the parties. Thus, the sealed and public versions of this opinion are identical, except for the publication date and footnote 1. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made.

Keywords: re: Reported Opinion. Bid Protest; Sole-Source Bridge Contract; 10 U.S.C. § 2304(c)(1) (2012). (TQ)

17-354 • BARZILLAI v. USA

Filed 04/30/2018
REPORTED MEMORANDUM OPINION AND FINAL ORDER Granting Motion to Dismiss - Rule 12(b)(1). The Clerk is directed to enter judgment. Signed by Chief Judge Susan G. Braden. (jf) Service on parties made. Modified on 4/30/2018 to edit docket text for clarity.

Keywords: re: 26 U.S.C. §§ 6501(c)(10) (Limitations on Assessment and Collection), 6511(a) (Limitations on Refund Claims), 6532(a) (Periods of Limitation on Suits), 6707A (Penalty for Failure to Disclose a Reportable Transaction), 7422(a) (Civil Actions for Refund); 28 U.S.C. § 1491(a)(1) (Scope of Jurisdiction); 26 C.F.R. § 301.6707A-1 (Failure to Disclose a Reportable Transaction); Illegal Exaction; Revenue Procedure 2007-21 (Guidance for Persons Assessed a Penalty Under 26 U.S.C. § 6707A); and Rule of the United States Court of Federal Claims 9(j) (Citation to Statutes, Regulations, and Orders), 12(b)(1) (Subject-Matter Jurisdiction), 12(h)(3) (Lack of Subject-Matter Jurisdiction).

17-1000 • MAEHR v. USA

Filed 04/30/2018
REPORTED MEMORANDUM OPINION and ORDER granting Motion to Dismiss - Rule 12(b)(1) and (6); denying [10] Motion for Summons of Grand Jury; and finding as moot [4] Motion for Leave to Proceed in forma pauperis. The Clerk is directed to enter judgment. Signed by Chief Judge Susan G. Braden. (dls) Service on parties made. (Plaintiff served via certified mail; Article No. 7017 1450 0000 1346 4735)

15-1549 • UNIVERSITY OF SOUTH FLORIDA BOARD OF TRUSTEES v. USA

Filed 04/27/2018
REPORTED ORDER on the parties' Markman Claim Construction (ECF Nos. [69], [75], [76], and [84]. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made. Modified on 5/1/2018 - pdf updated on 5/1/2018 to reflect attorney names, new opinion sent to westlaw and updated on the court's website.(jt1).

Keywords: re: Reported Order. Claim Construction; Markman Hearing; Preamble Construction. (TQ)

17-739 • KANE COUNTY, UTAH v. USA

Filed 04/26/2018
REPORTED OPINION granting Motion to Certify Class. Joint proposed Notice due by 5/24/2018. Signed by Judge Elaine D. Kaplan. (bh) Service on parties made.

Keywords: re: PILT Act; Class Action; Class Certification; RCFC 23.

18-76 • KIEWIT INFRASTRUCTURE WEST CO. v. USA

Filed 04/25/2018
REPORTED ORDER.Signed by Senior Judge Nancy B. Firestone. (mkt) Service on parties made.

Keywords: re:Post-Award Bid Protest; Best-Value Tradeoff Analysis; Technical Evaluation

15-1034 • DNC PARKS & RESORTS AT YOSEMITE, INC v. USA

Filed 04/25/2018
REPORTED OPINION (Public Version) of the court's April 12, 2018 Opinion and Order issued under seal (see ECF No. [120]). Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made.

Keywords: re: Reported Opinion and Order. Motion to Compel, RCFC 37(a)(3)(B); Motion to Quash, RCFC 45(d)(3), Motion for Protective Order, RCFC 26(c). (TQ)

17-9002 • IN RE DOWNSTREAM ADDICKS AND BARKER (TEXAS) FLOOD-CONTROL RESERVOIRS v. USA

Filed 04/19/2018
MEMORANDUM OPINION AND SCHEDULING ORDER establishing Discovery and Pre-Trial deadlines, including Fact Discovery due by 9/14/2018, Expert Discovery due by 12/7/2018, Statement of Material Facts to Support Motion for Summary Judgment due by 1/11/2019, Response to Statement of Material Facts due by 1/18/2019, Joint Certification due by 3/8/2019, and Pre-Trial Memorandum of Law due by 3/25/2019. Signed by Chief Judge Susan G. Braden. (cn) Service on parties made. Modified on 4/19/2018 to add deadlines

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