USCFC General Jurisdiction-Reported

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18-34 • HEALTHESTATE, LLC v. USA

Filed 05/04/2022
REPORTED OPINION AND ORDER (Reissued for Publication of the Court's **SEALED** ORDER, ECF No. [165]). Parties did not propose redactions. Signed by Judge Kathryn C. Davis. (kts) Service on parties made.

13-345 • ROSENHEIM v. USA

Filed 05/03/2022
REPORTED OPINION granting Motion for Summary Judgment; directing the clerk's office to REVISE the docket text for ECF No. [14] as an erratum to plaintiff's complaint, ECF No. [1]; and on or before May 20, 2022, the parties are directed to CONFER and FILE a joint status report. The status report shall indicate the parties' positions on alternative dispute resolution, whether further discovery is required in this case, or whether the parties would like to file further dispositive motions. The status report shall set forth a proposed schedule for those steps, if the parties find them appropriate. If neither settlement nor further dispositive motions is appropriate, the parties shall set forth a proposed schedule for the exchanges required by RCFC, Appendix A, paragraph 13 and the filings required by paragraphs 14 through 17. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made.

Keywords: re: Reported Opinion and Order; Motion for Summary Judgment; RCFC 56; Trust Fund Recovery Penalties; Responsible Person. (TQ)

21-1114 • SALAZAR v. USA

Filed 05/03/2022
REPORTED OPINION and ORDER granting Motion for Summary Judgment filed by USA and Dismissing the Case. The Clerk is directed to enter judgment. Signed by Judge Stephen S. Schwartz. (cmc) Service on parties made.

22-18 • THE GINN GROUP, INC. v. USA

Filed 05/03/2022
REPORTED OPINION: ECF No. is reissued with redactions. Signed by Judge David A. Tapp. (krm) Service on parties made.

93-655 • ANAHEIM GARDENS, et al v. USA

Filed 05/02/2022
REPORTED OPINION denying MOTION in Limine to Exclude Testimony from Kenneth J. Malek filed by ANAHEIM GARDENS, denying [513] MOTION in Limine to Exclude Testimony from Dr. Timothy J. Riddiough filed by ANAHEIM GARDENS, denying [514] MOTION in Limine to Exclude Testimony from Paula K. Konikoff filed by ANAHEIM GARDENS, denying [529] MOTION in Limine to Exclude Certain Testimony from Trevor E. Phillips and Motion to Strike Portions of his Rebuttal Expert Report filed by USA, denying [532] MOTION in Limine TO EXCLUDE TESTIMONY FROM DR. ROBERT R. TROUT, DEPOSITION TESTIMONY FROM DR. WILLIAM W. WADE, AND THE EXPERT REPORTS OF DRS. TROUT AND WADE filed by USA, and the remainder of FWPs' motion to designate deposition testimony, ECF No. [508], which was deferred in part by this courts March 5, 2021 order, ECF No. [560], is GRANTED as to the testimony of Dr. William W. Wade. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made.

Keywords: re: Reported Opinion; Motion in Limine; Expert Testimony; FRE 702.(TQ)

17-115 • GRUNTZ et al v. USA

Filed 04/29/2022
REPORTED ORDER denying Motion to Alter Judgment; on [28] MOTION to Alter or Amend Judgment pursuant to Rule 59(e) filed by USA. Signed by Senior Judge Victor J. Wolski. (eom) Service on parties made; plaintiffs served via first class mail.

20-1663 • MONTEREY CONSULTANTS, INC. v. USA

Filed 04/29/2022
REPORTED ORDER denying Motion to Dismiss - Rule 12(b)(6)filed by USA. Defendant shall file its Answer to Plaintiff's Complaint by 5/13/2022. Signed by Judge Kathryn C. Davis. (kts) Service on parties made.

17-9001 • IN RE UPSTREAM ADDICKS AND BARKER (TEXAS) FLOOD-CONTROL RESERVOIRS v. USA

Filed 04/29/2022
REPORTED OPINION granting in part and denying in part Motion in Limine; granting in part and denying in part [451] Motion in Limine; granting in part and denying in part [452] Motion in Limine; denying [453] Motion in Limine; denying [454] Motion in Limine; denying [455] Motion in Limine; denying as moot [467] Motion for Leave to Use Deposition Testimony of Donald Ward; granting [468] Motion for Leave to Use Deposition Testimony of Rule 30(b)(6) witnesses; granting [472] Motion in Limine; granting in part and denying in part [484] Motion for Protective Order; granting in part and denying in part [486] Motion in Limine; granting in part and denying in part [489] Motion for Protective Order; granting in part and denying in part [493] Motion to Amend Pleadings. Signed by Senior Judge Charles F. Lettow.

Keywords: re: Reported Opinion: Takings case; preparations for trial of just compensation for taking of permanent flowage easement; motions in limine, for protective order, and for leave to use deposition testimony at trial.

20-1245 • MEDRANO et al v. USA

Filed 04/29/2022
REPORTED OPINION and ORDER granting in part and denying in part Motion to Dismiss - Rule 12(b)(6) filed by USA; denying without prejudice Plaintiffs' request for leave to amend their pleadings; (Joint Status Report due by 5/31/2022). Signed by Judge Stephen S. Schwartz. (cmc) Service on parties made.

20-1185 • AVANT ASSESSMENT, LLC v. USA

Filed 04/29/2022
REPORTED OPINION granting in part and denying in part MOTION to Dismiss pursuant to Rule 12(b)(6) filed by USA. Signed by Judge Edward H. Meyers. (aep) Service on parties made.

21-1008 • REID v. USA

Filed 04/28/2022
REPORTED OPINION DISMISSING CASE on MOTION to Dismiss pursuant to Rules 12 (b)(1) and (6). [19] Motion to Dismiss - Rule 12(b)(1) and (6) is GRANTED; [19] Motion for Judgment on the Administrative Record is DENIED AS MOOT. The Clerk is directed to enter judgment. Signed by Judge Kathryn C. Davis. (tmr) Service on parties made; plaintiff served via first class mail.

20-589 • VALLES-PRIETO v. USA

Filed 04/27/2022
REPORTED OPINION denying as moot Plaintiff's first Motion for Judgment on the Administrative Record; granting in part [25] Plaintiff's second Motion for Judgment on the Administrative Record; and denying [31] Defendant's Cross Motion for Judgment on the Administrative Record. Plaintiff's case is remanded to the Air Force Board for the Correction of Military Records for referral into the Integrated Disability Evaluation System. Signed by Senior Judge Loren A. Smith. (ah) Service on parties made.

21-1279 • SWIFT & STALEY, INC. v. USA

Filed 04/26/2022
REPORTED ORDER AND OPINION. Unsealed public redacted version of the Court's March 31, 2022 Opinion denying [56] Plaintiff's Motion for Judgment on the Administrative Record ("MJAR"); denying [58] Plaintiffs Motion to Supplement the Administrative Record; granting [59] Defendant's Cross-MJAR; granting [61] Defendant-Intervenor's Cross-MJAR; granting [62] Defendant-Intervenor's Motion to Strike. The Clerk is directed to enter judgment. Signed by Judge Thompson M. Dietz. (brs) Service on parties made.

Keywords: re: Reported Opinion; Bid Protest; SBA Size Protest; Motion for Judgment on the Administrative Record; SBA Size Determination; Motion to Supplement the Administrative Record; Motion to Strike; 13 C.F.R. § 134.316(c); Small Business Size Standards; Affiliation; Negative Control.

22-132 • FREEALLIANCE.COM, LLC v. USA

Filed 04/26/2022
REPORTED OPINION. Signed by Senior Judge Eric G. Bruggink. (hem) Service on parties made.

Keywords: re: Reported Opinion: Bid protest; pre-award bid protest; the late is late rule.

22-442 • RADOGNA v. USA

Filed 04/21/2022
REPORTED ORDER DISMISSING CASE. The Clerk is directed to enter judgment. Signed by Judge David A. Tapp. (jm) Service on parties made.

18-1209 • NORTHSTAR VERMONT YANKEE, LLC v. USA

Filed 04/21/2022
Reissued for Publication - REPORTED OPINION of the Court's SEALED Opinion, April 6, 2022, ECF No. 58. The parties did not propose any redactions. Signed by Judge Kathryn C. Davis. (zlj) Service on parties made.

15-945 • 4DD HOLDINGS, LLC v. USA

Filed 04/20/2022
REPORTED OPINION. Signed by Senior Judge Eric G. Bruggink. (rja) Service on parties made. (Main Document 256 replaced on 5/9/2022 to attach corrected PDF)

Keywords: re: Reported Opinion: Copyright infringement; FAR 52.212-4; FAR 52.227-14; DFARS 252.227-7013; conditions versus covenants; license; implied-in-fact license; accord and satisfaction; release; 17 U.S.C. § 117(a) (2018).

20-438 • BOYER V. USA

Filed 04/20/2022
REPORTED ORDER. Signed by Judge Zachary N. Somers. (jas) Service on parties made.

19-339 • CULLY CORPORATION v. USA

Filed 04/14/2022
REPORTED OPINION denying First MOTION for Partial Summary Judgment filed by CULLY CORPORATION, denying [83] MOTION for Summary Judgment filed by USA. Signed by Judge David A. Tapp. (emc) Service on parties made.

13-499 • LODGE CONSTRUCTION, INC. v. USA

Filed 04/14/2022
REPORTED OPINION re [95]; [96]; [97]; [98]; [99]. The Court ORDERS the following: (1) The United States' Motion for Reconsideration of the Court's Order dismissing the CDA anti-fraud counterclaims, (ECF No. 96), is DENIED. (2) Lodge's Motion for Reconsideration, (ECF No. 99), is GRANTED IN PART. The United States' counterclaims, as they related to the CCT Claims, are DISMISSED AS MOOT, and the Court does not intend to hold a second trial in this matter. (3) Lodge's Motion for Reconsideration/Motion to Quash, (ECF No. 97), is GRANTED. (4) The portion of the Court's February 3, 2022, Status Conference Order directing the parties to begin discovery on veil piercing issues is VACATED. (5) All subpoenas, interrogatories, and documents requests issued by the United States in connection with a veil piercing remedy are QUASHED. (6) Lodge's Motion to Dismiss its Complaint in Case No. 13-499, (ECF No. 98), is GRANTED. Lodge's wrongful termination claim is DISMISSED WITH PREJUDICE pursuant to RCFC 41(a)(2). (7) The United States' Motion for Summary Judgment, (ECF No. 95), is DENIED AS MOOT. (8) The Clerk is DIRECTED TO ENTER JUDGMENT dismissing this case. The Clerk is directed to enter judgment. Signed by Judge David A. Tapp. (jm) Service on parties made.

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