USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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18-454 • BENNETT v. USA

Filed 09/21/2018
[Redocketed for Posting to Website] MEMORANDUM OPINION AND FINAL ORDER granting 11 Motion to Dismiss - Rule 12(b)(1) and (6). The Clerk is directed to enter judgment. Signed by Senior Judge Susan G. Braden. Signed by Senior Judge Susan G. Braden. (ar) Service on parties made.

18-785 • CRITERION SYSTEMS, INC. v. USA

Filed 09/19/2018
REPORTED OPINION reissuing for publication Opinion and Order denying [18] Motion for Judgment on the Administrative Record and granting [19] Motion for Judgment on the Administrative Record. Signed by Chief Judge Margaret M. Sweeney.

Keywords: re: Reported Opinion -- Postaward Bid Protest; RCFC 52.1; Cross-Motions for Judgment on the Administrative Record; Clarification; Informality; Irregularity

11-201 • ROSS-HIME DESIGNS, INC. v. USA

Filed 09/19/2018
REPORTED OPINION. Signed by Senior Judge Mary Ellen Coster Williams. (TF3) Service on parties made.

Keywords: re: Patent Infringement; Motion to Dismiss; Statute of Limitations; Claim Accrual; Accrual Suspension; Tolling; 35 U.S.C. § 286. (TF3)

18-682 • RX JOINT VENTURE, LLC v. USA

Filed 09/19/2018
REPORTED OPINION reissuing for publication Opinion and Order denying [44] Motion for Judgment on the Administrative Record; denying [49] Motion for Judgment on the Administrative Record; granting [50] Motion for Judgment on the Administrative Record; granting [53] Motion for Judgment on the Record. Signed by Chief Judge Margaret M. Sweeney.

Keywords: re: Reported Opinion -- Postaward Bid Protest; RCFC 52.1; Cross-Motions for Judgment on the Administrative Record; Clarification; Presumption of Regularity; Safeguarding Procedures; Government Control; Discussions

18-528 • RCF INFORMATION SYSTEMS, INC. v. USA

Filed 09/19/2018
REPORTED OPINION reissuing Opinion and Order. Signed by Senior Judge Loren A. Smith. (mr) Service on parties made.

18-795 • DYNANET CORPORATION v. USA

Filed 09/18/2018
REPORTED OPINION reissuing for publication Opinion and Order denying [27] Motion for Judgment on the Administrative Record, denying [29] Motion to Dismiss, granting [29] Motion for Judgment on the Administrative Record, and denying as moot [29] motion to strike. Signed by Chief Judge Margaret M. Sweeney.

Keywords: re: Postaward Bid Protest; RCFC 12(b)(1); Motion to Dismiss; Subject Matter Jurisdiction; RCFC 52.1; Cross-Motions for Judgment on the Administrative Record

17-667 • BUTLER v. USA

Filed 09/18/2018
REPORTED ORDER granting in part and denying in part Motion for Partial Summary Judgment; granting in part and denying in part [29] Motion for Summary Judgment. Parties shall by 9/28/2018 file a proposed scheduled for remaining issues. Signed by Senior Judge Nancy B. Firestone. (dpk) Service on parties made.

Keywords: re: Order on Motion for Partial Summary Judgment, Order on Motion for Summary Judgment, Reported Order, Rails-to-Trails, Indiana Law, Easement Versus Fee, Deed Interpretation, Summary Judgment.

18-829 • TECHNICAL & MANAGEMENT RESOURCES, INC. v. USA

Filed 09/18/2018
REPORTED OPINION reissuing for publication Opinion and Order denying as moot [21] Motion to Supplement the Administrative Record, denying [22] Motion for Judgment on the Administrative Record, denying as moot [25] Motion to Dismiss, and granting [25] Motion for Judgment on the Administrative Record. Signed by Chief Judge Margaret M. Sweeney.

Keywords: re: Postaward Bid Protest; RCFC 12(b); Motion to Dismiss; RCFC 52.1; Cross-Motions for Judgment on the Administrative Record; Fair and Reasonable Pricing

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

Filed 09/17/2018
REPORTED ORDER denying Motion for Summary Judgment; granting [346] Motion to Supplement Evidentiary Record; The parties shall file any additional authorities they wish the court to consider regarding the plaintiffs' motion for class certification [66] by 10/1/2018.Signed by Senior Judge Nancy B. Firestone. (js) Service on parties made.

Keywords: re: Denial of Summary Judgment; Fifth Amendment Taking; Disputed Issues of Fact; Governments Role in Terminating General Motors Dealership Agreements; Voluntary Release of Dealership Agreements to General Motors; Ambiguous Release Language; Burden Shifting as to Whether Dealerships Had Greater Value in the But For World Without Government Bailout of General Motors Than They Received or Were Offered in Wind-Down Agreements; Motion to Supplement Evidentiary Record.

18-862 • FMS INVESTMENT CORP. v. USA

Filed 09/14/2018
REPORTED OPINION: Granting Motion for Judgment on the Administrative Record; granting [65] Motion for Judgment on the Administrative Record; granting [66] Motion for Judgment on the Administrative Record; granting [67] Motion for Judgment on the Administrative Record; granting [68] Motion for Judgment on the Administrative Record; granting [69] Motion for Judgment on the Administrative Record; granting [70] Motion for Judgment on the Administrative Record; granting [71] Motion for Judgment on the Administrative Record; denying [81] Motion for Judgment on the Administrative Record; The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler. (dh) Service on parties made.

Keywords: re: Post-Award Bid Protest; Department of Education Loan Collections; Cancellation of Solicitation; Motion for Permanent Injunction; Likelihood of Success on the Merits; Irreparable Harm; Balance of Hardships; Public Interests; 28 U.S.C. § 1491(b); RCFC 65(d); Granting Injunctive Relief.

18-887 • AGILITY DGS LOGISTICS SERVICES CO. KSC(C) v. USA

Filed 09/13/2018
REPORTED OPINION of the court's August 16, 2018 opinion originally issued under seal. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made.

Keywords: re: Reported Order. Motion to Dismiss; RCFC 12(b)(1);Lack of Subject Matter Jurisdiction; Lack of Standing. (TQ)

12-380 • UNITED LAUNCH SERVICES, LLC et al v. USA

Filed 09/12/2018
REPORTED OPINION denying Motion for Summary Judgment. Signed by Judge Elaine D. Kaplan. (kb) Service on parties made.

Keywords: re: Motion for Summary Judgment; Breach of Contract; Affirmative Defense; Advance Agreement; Cost Accounting Standards; GAAP.

17-1424 • EXNICIOS v. USA

Filed 09/11/2018
REPORTED OPINION. Signed by Senior Judge Marian Blank Horn. (td) Service on parties made.

Keywords: Military Pay Act; Motion to Dismiss; Cross-Motions for Judgment on the Administrative Record; Waiver; Justiciability; Unlawful Command Influence; Due Process.

15-1163 • PIPES v. USA

Filed 09/11/2018
REPORTED MEMORANDUM OPINION AND FINAL ORDER ON REMAND The Clerk is directed to enter judgment. Signed by Senior Judge Susan G. Braden. (cn) Service on parties made.

Keywords: re: Reported Memorandum Opinion And Final Order On Remand; 10 U.S.C. §§ 101(d)(7) (defining inactive-duty training), 1204 (Retirement for Military on Active Duty for 30 days or less or on Inactive-duty Training);28 U.S.C. § 1491 (Tucker Act Jurisdiction);Air Force Instruction (AFI) 10-248 (May 26, 2004) (Fitness Program); Air Force Manual 36-8001 (Jan. 22, 2004) (Reserve Personnel Participation and Training Procedures);Rules of the United States Court of Federal Claims (RCFC) 12(b)(1) (Subject Matter Jurisdiction), 12(b)(6) (Failure to State a Claim Upon Which Relief Can Be Granted), 52.1 (Judgment on the Administrative Record), 52.2 (Remanding a Case).

18-678 • ULTRA ELECTRONICS OCEAN SYSTEMS INC. v. USA

Filed 09/07/2018
REPORTED OPINION and ORDER denying Motion for Judgment on the Record; granting [32] Cross Motion for Judgment on the Administrative Record. Signed by Judge Elaine D. Kaplan. (bh) Service on parties made. (Main Document 45 replaced on 9/7/2018)

Keywords: re: Bid Protest; 28 U.S.C. § 1491; Motion to Supplement the Administrative Record; United States Navy; Exclusion from the Competitive Range; Prior Procurement.

18-958 • PIERCE EL-BEY v. USA

Filed 09/07/2018
REPORTED OPINION Granting Motion to Dismiss - Rule 12(b)(1); The Clerk is directed to enter judgment. Signed by Judge Elaine D. Kaplan. U.S. Certified Mail Tracking 7016 3010 0000 4308 4904(vds) Service on parties made.

17-1638 • 2M RESEARCH SERVICES, LLC v. USA

Filed 09/06/2018
REPORTED OPINION with redactions. Signed by Senior Judge Loren A. Smith. (mr) Service on parties made.

Keywords: Post-Award Bid Protest; Competitive Range; RCFC 52.1; Judgment on the Administrative Record; Permanent Injunction. re: Reported Opinion.

18-1215 • KPMG LLP v. USA

Filed 09/06/2018
REPORTED ORDER. Signed by Senior Judge Loren A. Smith. (mr) Service on parties made.

18-557 • DYNCORP INTERNATIONAL LLC v. USA

Filed 09/06/2018
REPORTED OPINION with redactions. Signed by Senior Judge Loren A. Smith. (mr) Service on parties made.

16-1250 • PEARSON v. USA

Filed 09/06/2018
REPORTED OPINION AND ORDER granting Motion to Dismiss - Rule 12(b)(1); denying [25] Motion to Amend Pleadings - Rule 15(b). The Clerk is directed to enter judgment. Signed by Senior Judge Charles F. Lettow. (rp) Service on parties made. Plaintiff served via certified mail, article number 7017 1450 0000 1346 4421.

Keywords: re: Claim for disability retirement from the military; 10 U.S.C. §§ 1201, 1202; administrative grant of full relief on the permanent disability retired list; mootness; disability rating during period on the temporary disability retired list.

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