USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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15-179 • BHL PROPERTIES, LLC et al v. USA

Filed 11/21/2017
REPORTED OPINION denying Motion for Partial Summary Judgment; granting [48] Cross Motion. The Clerk is directed to enter judgment. Signed by Judge Elaine D. Kaplan.

Keywords: re: Rails-to-Trails; National Trails System Act; Fifth Amendment; Takings Clause.

14-397 • JACKSON v. USA

Filed 11/20/2017
REPORTED OPINION granting in part and denying in part Motion for Partial Summary Judgment and [35] Cross-Motion for Partial Summary Judgment. Telephonic status conference set for 11/29/2017 at 3:00 p.m. E.S.T. Signed by Judge Mary Ellen Coster Williams. (TF3) Copy to parties.

Keywords: re: Partial Summary Judgment; Class Action; Fifth Amendment Takings; National Trails System Act; 16 U.S.C. § 1247(d); Ga. Code Ann. § 1689 (1882); Ga. Code Ann. § 2167 (1895); Fee Simple; Right-of-Way; Creation of Easement Under Georgia Law; Strips and Gores Doctrine. (TF3)

17-447 • EMIABATA v. USA

Filed 11/17/2017
REPORTED OPINION and ORDER granting in part and denying in part Motion to Dismiss - Rule 12(b)(1) and (6); and directing defendant to file its motion for summary judgment and proposed findings of uncontroverted fact by 12/22/17. Subsequent briefing shall be according to the court's rules. Signed by Judge Patricia E. Campbell-Smith. (dls) Copy to parties. (Plaintiff served via certified mail; Article No. 7017 1450 0000 1346 0812)

Keywords: re: Contract; Wrongful Termination for Default Claim; No Jurisdiction Over Breach and Tort Claims; Conversion of RCFC 12(b)(6) Motion to RCFC 56 Motion.

10-192 • SALEM FINANCIAL, INC. v. USA

Filed 11/17/2017
REPORTED OPINION granting in part and denying in part Motion for Bill of Costs. Signed by Judge Thomas C. Wheeler.

Keywords: re: Taxation of Costs; Fees of the Reporter for Trial Transcripts; Fees for Witnesses; Costs for Duplication of Papers; Costs Incident to Taking Depositions.

14-1001 • DUKE ENERGY PROGRESS, INC. et al v. USA

Filed 11/17/2017
REPORTED OPINION The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler.

Keywords: re: Spent Nuclear Fuel Case; Nuclear Waste Policy Act of 1982; Damages for Partial Breach of DOE's Standard Contract; Plaintiff's Burden to Prove Causation; Government Claim for Reduction of Damages.

17-1080 • XPO LOGISTICS WORLDWIDE GOVERNMENT SERVICES, LLC v. USA

Filed 11/17/2017
REPORTED OPINION Redacted Opinion and Order denying Motion for Judgment on the Administrative Record; denying [31] Motion to Supplement the Administrative Record; granting [35] Motion for Judgment on the Administrative Record; granting [36] Motion for Judgment on the Administrative Record. Signed by Judge Elaine D. Kaplan.

Keywords: re: Bid Protest; Motion for Judgment on the Administrative Record; Discussions; Past Performance; Corrective Action.

16-1704 • DYNCORP INTERNATIONAL, LLC v. USA

Filed 11/16/2017
REISSUED OPINION--Filed this date. Signed by Senior Judge Robert H. Hodges, Jr.

Keywords: re: Reissued Opinion--Motion for Judgment on Administrative Record, RCFC 56; United States Department of State; Bureau for International Narcotics and Law Enforcement Affairs, Office of Aviation; Aviation Support Services; Post-Award Bid Protest; Disparate Treatment; Procurement Violations; Limited Confidence for Past Performance; Incumbent; Competition in Contracting Act; Corrective Action; Profit Margin Analysis.

08-117 • LOST TREE VILLAGE CORPORATION v. USA

Filed 11/14/2017
REPORTED OPINION and ORDER granting in part and denying in part Motion for Attorney Fees; granting [178] Motion to Establish Interest; granting [183] Motion for Attorney Fees; granting [185] Motion for Attorney Fees. Pursuant to the Uniform Relocation Act, the court awards reasonable attorneys' fees and expenses of $2,021,257.72. Also, under the prior judgment entered under RCFC 54(b), interest of $3,512,627.45 is due through November 15, 2017, with a per diem rate of $990.79 thereafter until the judgment is actually paid. The Clerk is directed to enter judgment. Signed by Judge Charles F. Lettow.

Keywords: re: Takings case; attorneys fees and expenses awardable under the Uniform Relocation Act, 42 U.S.C. § 4654(c); computation of interest.

14-33 • BOYER, ET AL. v. USA

Filed 11/08/2017
REPORTED OPINION (Joint Status Report due by 11/20/2017) denying Motion for Partial Summary Judgment; denying [132] Cross Motion. Signed by Senior Judge Nancy B. Firestone.

15-1087 • SHARPE v. USA

Filed 11/08/2017
REPORTED OPINION and ORDER granting Cross Motion; denying [36] Motion for Summary Judgment. The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler. (ar) Copy to parties. [Sent via certified mail: 7017 1450 0000 1346 1116]

Keywords: re: Military Pay Act, 37 U.S.C. §§ 204, 305a, 403; IO U.S.C. §1552; Motion for Summary Judgment; Judgment on the Administrative Record; Judicial Review of BCNR Decision and Implementation; Vessel Exception to UCMJ Article 15; Judicial Estoppel; Basic Allowance for Housing; Entitlement to Career Sea Pay and Career Sea Pay Premium.

17-847 • STATE OF TEXAS et al v. USA

Filed 11/07/2017
REPORTED OPINION. Signed by Judge Marian Blank Horn.

15-1217 • STRAUGHAN ENVIRONMENTAL, INC. v. USA

Filed 11/06/2017
REPORTED OPINION; Plaintiff's motion for judgment on the administrative record is GRANTED. Defendant and Defendant-Intervenor's cross motions are DENIED. Plaintiff shall have until 11/13/2017 to file a proposed final judgment or an opening brief.Signed by Senior Judge Nancy B. Firestone.

Keywords: re: Reported Opinion; Post-Award Bid Protest; Small Business Set Aside; Joint Venture, Mentor-Protg Agreements, 13 C.F.R. § 124.520; Standing of Adverse Party, 13 C.F.R. § 134.302(a); Injunctive Relief.

17-540 • MELSON v. USA

Filed 11/06/2017
REPORTED OPINION and ORDER granting Motion to Dismiss - Rule 12(b)(1) and (6). The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler. (ar) Copy to parties. [REDOCKETED FOR ADMINISTRATIVE PURPOSES ONLY]

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1) and (6), Order Dismissing Case: Motion to Dismiss, RCFC 12(b)(1); Lack of Jurisdiction; Statute of Limitations; Motion to Dismiss, RCFC 12(b)(6); Failure to State a Claim; Wrongful Discharge; Continuing Claim Doctrine; Review of Military Records; Judicial Review of Army Board for Correction of Military Records Decision (ejg)Keywords: [17] Order on Motion to Dismiss - Rule 12(b)(1) and (6), Order Dismissing Case: Motion to Dismiss, RCFC 12(b)(1); Lack of Jurisdiction; Statute of Limitations; Motion to Dismiss, RCFC 12(b)(6); Failure to State a Claim; Wrongful Discharge; Continuing Claim Doctrine; Review of Military Records; Judicial Review of Army Board for Correction of Military Records Decision.

13-130 • ALMANZA v. USA

Filed 11/06/2017
REPORTED OPINION granting Motion to Approve Settlement Agreement.Supplemental brief due 11/20/17; Response due 12/4/2017 Signed by Judge Elaine D. Kaplan. (bh) Copy to parties. Modified on 11/6/2017 to add deadlines

Keywords: re: Fair Labor Standards Act; Customs Officer Pay Reform Act; Settlement Approval.

13-940 • SONOMA APARTMENT ASSOCIATES v. USA

Filed 11/03/2017
REPORTED OPINION reissuing **SEALED** OPINION for publication. Signed by Judge Margaret M. Sweeney. (kb1)

Keywords: re: Reported Opinion -- Trial; Section 515 of the Housing Act of 1949; Breach of Contract; Expectancy Damages; Lost Profits Versus Lost Asset Value; Postbreach Evidence; Discount Rates; Tax Neutralization Payment; Third-Party Standing

04-786 • SACRAMENTO GRAZING ASSOCIATION, INC., et al v. USA

Filed 11/03/2017
REPORTED OPINION The Clerk is directed to enter judgment for plaintiffs. Status Report due by 11/30/2017 Signed by Chief Judge Susan G. Braden.

Keywords: re: Declaration of Water Right Ownership, N.M. STAT. ANN. § 72-1-3 (West 2015);Endangered Species Act of 1973, 7 U.S.C. § 163, 16 U.S.C. §§ 15311544 (2012);Federal Land Policy and Management Act of 1976, 43 U.S.C. § 1752 (2012);National Environmental Policy Act of 1969, 42 U.S.C. §§ 43214375 (2012);Forest and Rangeland Renewable Resources Planning Act of 1974, 16 U.S.C. § 1604 (2012);Statute of Limitations, 28 U.S.C. § 2501 (2012);U.S. CONST. amend. V, Takings Clause;36 C.F.R. § 222.3(c)(1)(ii) (Forest Service Livestock Grazing Permits).

17-824 • LOOMACRES, INC. v. USA

Filed 10/31/2017
REPORTED OPINION denying Motion to Dismiss - Rule 12(b)(1). Signed by Judge Mary Ellen Coster Williams. (TF3) Copy to parties.

Keywords: re: Bid Protest; Standing to Challenge Insourcing Decision; Interested Party. (TF3)

11-153 • CONFIDENTIAL INFORMANT 59-05071 v. USA

Filed 10/31/2017
REPORTED OPINION and ORDER Redacted Opinion and Order (Reissuance of October 16, 2017 Opinion and Order for Publication) granting Motion for Summary Judgment as to Counts I and II; granting [176] Motion to Dismiss as to Count III; denying [188-1] Cross-Motion for Summary Judgment; denying [199] Motion for Judicial Notice; granting [207] Motion for Leave from Protective Order; granting-in-part and denying-in-part [210] Motion for Judicial Notice and Relief Pursuant to RCFC 56(d). Signed by Judge Elaine D. Kaplan.

Keywords: re: Summary Judgment; RCFC 56; Motion to Dismiss; RCFC 12(b)(1); Confidential Informants; IRS Reward Agreements; Anticipatory Repudiation; Duty of Good Faith and Fair Dealing; Accounting.

17-1115 • CLINICOMP INTERNATIONAL, INC. v. USA

Filed 10/30/2017
REPORTED MEMORANDUM OPINION AND ORDER. Signed by Judge Lydia Kay Griggsby.

Keywords: Pre-Award Bid Protest; Competition in Contracting Act (CICA); 41 U.S.C. § 3304; FAR § 1.704; FAR § 6.302-7; Judgment on the Administrative Record; RCFC 52.1; Injunctive Relief; RCFC 65; Supplementing the Administrative Record; Standing; Subject-Matter Jurisdiction; RCFC 12(b)(1), re: Reported Memorandum Opinion and Order.

17-171 • GOODSELL v. USA

Filed 10/30/2017
REPORTED OPINION AND ORDER denying Motion to Dismiss - Rule 12(b)(1); (Status Report due by 11/15/2017). Signed by Judge Thomas C. Wheeler for Senior Judge Robert H. Hodges, Jr.

Keywords: Motion to Dismiss, RCFC 12(b)(l ); Lack of Jurisdiction; Department ofVeterans Affairs; Final Decision from Contracting Officer; Wrongful Termination of Lease; Motion to Dismiss, RCFC 12(b)(6); Failure to State a Claim

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