USCFC General Jurisdiction-Reported

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17-464 • VIRGINIA ELECTRIC AND POWER COMPANY v. USA

Filed 01/28/2020
REPORTED OPINION denying Motion for Partial Summary Judgment; granting [82] Cross Motion. The Clerk is directed to enter judgment. Signed by Senior Judge Eric G. Bruggink. (wr) Service on parties made.

Keywords: re: Order on Motion for Partial Summary Judgment, Order on Cross Motion [Dispositive], Reported Opinion: Contracts; termination for convenience; allowable costs; FAR 52.249-2 (1996); FAR 31.205-42(b) (2018); summary judgment; upgrade costs; utilities.

17-835 • A SQUARED JOINT VENTURE v. USA

Filed 01/28/2020
REPORTED OPINION (Public) granting motion for clarification, denying motion for reconsideration, denying as moot motion for preliminary injunction. Signed by Senior Judge Nancy B. Firestone. (lb) Service on parties made.

Keywords re Reported Opinion: Preliminary Injunction; Motions for Reconsideration; RCFC 59; RCFC 60.

19-1376 • COLONNA'S SHIPYARD, INC. v. USA

Filed 01/24/2020
REPORTED OPINION of the court's **SEALED**OPINION issued on 1/9/2020, see ECF No. [31], on First MOTION to Transfer to ASBCA filed by USA, granting in part, as to transfer to the ASBCA, and denying in part, as to the request for consolidation, as the court is without authority to direct proceedings before the Board. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made.

Keywords: re: Reported Opinion, Motion to Transfer; 41 U.S.C. § 7107(d) (2012). (TQ)

19-1308 • HVF WEST, LLC v. USA

Filed 01/24/2020
REPORTED ORDER reissuing for publication Order denying [42] Motion for Reconsideration - Rule 59(a) and denying [42] Motion for Relief from Judgment - Rule 60. Signed by Chief Judge Margaret M. Sweeney.

Keywords: re: Postaward Bid Protest; Motion for Reconsideration; RCFC 59; Motion for Relief from a Judgment; RCFC 60

17-1812 • GIESECKE & DEVRIENT GMBH v. USA

Filed 01/24/2020
REPORTED OPINION granting Motion for Attorney Fees as to entitlement. Signed by Senior Judge Mary Ellen Coster Williams. (ag) Service on parties made. Modified on 1/24/2020 - corrected docket text (jt1).

Keywords: re: Patent Infringement; Motion for Attorney Fees; 35 U.S.C. § 285; Exceptionality; Prevailing Party.

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

Filed 01/23/2020
REPORTED ORDER denying MOTION to Stay Pending Appeal filed by EMERGENCY PLANNING MANAGEMENT, INC.. Signed by Judge Thomas C. Wheeler. (sb) Service on parties made.

Keywords: re: Order on Motion to Stay, Reported Order; Motion for Stay Pending Appeal; RCFC 62; Factors to be Considered; Analysis of Likelihood of Success on the Merits; Irreparable Harm; Balance of Harms to Government; Effect on Public Interest.

17-1763 • THE TOLLIVER GROUP, INC. v. USA

Filed 01/22/2020
REPORTED OPINION granting in part and denying in part Motion for Summary Judgment; denying [42] Motion for Summary Judgment. Defendant shall file any objections to the reasonableness of the amount of plaintiff's claimed attorneys' fees on or before 2/14/2020. Plaintiff shall file its reply on or before 2/28/2020. Signed by Senior Judge Charles F. Lettow.

Keywords re: Reported Opinion:Contractors claim for partial reimbursement of legal fees incurred in successful defense of qui tam suit; application of the Spearin doctrine; equitable adjustment; FAR Part 31.

19-1373 • COLONNA'S SHIPYARD, INC. v. USA

Filed 01/21/2020
REPORTED OPINION of the court's sealed OPINION and ORDER issued on December 23, 2019, ECF No. [29], defendants motion to dismiss is GRANTED in part, as to Counts I, II, and IV of the complaint, and DENIED in part as to Count III of the complaint. Pursuant to RCFC 54(b), as there is no just reason for delay, the Clerk is directed to enter judgment, dismissing Counts I, II, and IV of the complaint, without prejudice, for lack of subject matter jurisdiction. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made.

Keywords: re: Reported Opinion. Post-Award Bid Protest; Motion to Dismiss, RCFC 12(b)(1); Partial Dismissal of Protest, RCFC 12(h)(3); [ ] Performance Evaluation for Prior Contract Performance; Courts Bid Protest Jurisdiction Does Not Include Direct Challenges to Performance Evaluations in Other Contracts. (TQ)

13-269 • GALLOWAY v. USA

Filed 01/15/2020
REPORTED OPINION: Granting-in-Part Motion for Summary Judgment. The Clerk is directed to enter judgment. Signed by Judge David A. Tapp. U.S. Postal Service Certified Mail Receipt Tracking# 7018 1830 0001 4963 6502(vds) Service on parties made.

16-200 • ROCHLIS et al v. USA

Filed 01/14/2020
REPORTED OPINION. The Clerk is directed to enter judgment. Signed by Senior Judge Marian Blank Horn. (jm5) Service on parties made. (Main Document 71 replaced on 1/17/2020 to correct a typo in the case caption.)

Keywords: re: Reported Opinion: Trial; Tax; Federal Tax Deductions; Theft Loss; 165 U.S.C. § 165; Treas. Reg. 1.165; State law; Constructive Sale. (jm5) Modified on 1/17/2020 (sh).

16-201 • ROCHLIS v. USA

Filed 01/14/2020
REPORTED OPINION. The Clerk is directed to enter judgment. Signed by Senior Judge Marian Blank Horn. (jm5) Service on parties made. (Main Document 66 replaced on 1/17/2020 to correct a typo in the case caption.)

Keywords: re: Reported Opinion: Trial; Tax; Federal Tax Deductions; Theft Loss; 165 U.S.C. § 165; Treas. Reg. 1.165; State law; Constructive Sale. (jm5) Modified on 1/17/2020 (sh).

13-821 • INGHAM REGIONAL MEDICAL CENTER et al v. USA

Filed 01/14/2020
REPORTED OPINION Status Report due by 1/27/2020. Signed by Judge Ryan T. Holte. (es) Service on parties made. Modified on 2/19/2020 - corrected text (jt1).

Keywords: re: Work Product Doctrine; Motion to Compel; RCFC 26(b)(3).

16-210 • ISHII et al v. USA

Filed 01/14/2020
REPORTED OPINION. The Clerk is directed to enter judgment. Signed by Senior Judge Marian Blank Horn. (jm5) Service on parties made. (Main Document 64 replaced on 1/17/2020 to correct a typo in the case caption.)

Keywords: re: Reported Opinion: Trial; Tax; Federal Tax Deductions; Theft Loss; 165 U.S.C. § 165; Treas. Reg. 1.165; State law; Constructive Sale. (jm5) Modified on 1/17/2020 (sh).

19-945 • VETERAN SHREDDING, LLC v. USA

Filed 01/14/2020
REPORTED OPINION. Signed by Senior Judge Marian Blank Horn. (jm5) Service on parties made.

Keywords: re: Reported Opinion: Pre-Award Bid Protest; Cross-Motions for Judgment on the Administrative Record; Standing; Rule of Two Doctrine; Service-Disabled Veteran-Owned Small Business. (jm5) Modified on 1/17/2020 (sh).

19-883 • RAYTHEON COMPANY v. USA

Filed 01/14/2020
REPORTED OPINION denying Motion to Dismiss pursuant to Rules 12 (b)(1) and (6); denying [23] Motion to Strike [22] Defendant's Notice of Additional Exhibit. Joint Preliminary Status Report due by 2/4/2020. Signed by Judge Elaine D. Kaplan. (feb) Service on parties made.

Keywords re Reported Opinion: Motion to Dismiss; Subject-Matter Jurisdiction; 28 U.S.C. § 1491(a)(2); Contract Disputes Act; 10 U.S.C. § 2321; DFARS; Proprietary Information; Vendor List; Technical Data; Government Purpose Rights.

19-2023 • FANELLI v. USA

Filed 01/13/2020
REPORTED OPINION dimissing Complaint and granting [2] Motion for Leave to Proceed in forma pauperis. The Clerk is directed to enter judgment. Signed by Chief Judge Margaret M. Sweeney. (tb) Service on parties made. (Plaintiff served via certified mail; Article No. 7018 2290 0000 5183 0126)

Keywords: Order on Motion for Leave to Proceed in forma pauperis and [1] Dismissing Complaint Reported Opinion; Pro Se Plaintiff; Jurisdiction; Sua Sponte Dismissal.

15-582 • INTERIMAGE, INC. v. USA

Filed 01/13/2020
REPORTED OPINION denying Motion for Summary Judgment; denying [108] Cross-Motion for Summary Judgment. Signed by Senior Judge Nancy B. Firestone. (lb) Service on parties made.

Keywords re Reported Opinion: Cross-Motions for Summary Judgment; RCFC 56; Disputed Issues of Fact; Unforeseen Costs; Cost Plus Percentage of Cost; Fixed Fee Equitable Reduction.

19-839 • NETCENTRICS CORPORATION v. USA

Filed 01/10/2020
REPORTED Public Opinion denying Motion for Relief from Judgment - Rule 60. Signed by Judge Elaine D. Kaplan. (arlr) Service on parties made.

19-1268 • NAVISTAR DEFENSE, LLC v. USA

Filed 01/10/2020
REPORTED MEMORANDUM OPINION and ORDER denying Navistar's motions for judgment on the administrative record; granting the government's consolidated cross-motion for judgment on the administrative record; granting Oshkosh's cross-motion for judgment on the administrative record; granting in part Navistar's motion to strike the declaration of Lt. Col. Michael K. Riley; granting Navistar's motion to strike the Army's Determination and Findings dated September 19, 2016, and certain references to a July 12, 2019 telephone call; denying as moot Navistar's motion for TRO; denying as moot Navistar's motion for preliminary injunction; denying as moot Navistar's motions to complete the administrative record and for leave to conduct limited depositions; and dismissing the complaints. Signed by Judge Lydia Kay Griggsby. (jp) Service on parties made.

Keywords: Post-Award Bid Protest; Competition in Contracting Act (CICA); Sole-Source Award; 41 U.S.C. § 3304; FAR § 1.704; FAR § 6.302-7; Motion For Judgment Upon The Administrative Record; RCFC 52.1, re: Reported Memorandum Opinion and Order.

19-1696 • W & G MACHINE COMPANY, INC v. USA

Filed 01/10/2020
REPORTED OPINION granting Defendant Motion to Dismiss - Rule 12(b)(1); granting [14] Defendant-Intervenor Motion to Dismiss - Rule 12(b)(1) The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler. (sb) Service on parties made.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1); Reported Opinion; Bid Protest; Standing; Prejudice; Substantial Chance; Direct Economic Interest; Subject-Matter Jurisdiction; Motion to Dismiss; RCFC 12(b)(1); RCFC 12(b)(6); Small Business Administration; Bundling; Cancellation of Solicitation; Sole-Source Award.

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