USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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16-1569 • TETRA TECH, INC. v. USA

Filed 05/05/2017
REPORTED OPINION. Signed by Senior Judge Eric G. Bruggink.

Keywords: re: Reported Order: Post-Award Bid Protest; Scope of Work; Work Assignment. (WT)

09-103 • HAGGART et al v. USA

Filed 05/04/2017
REPORTED OPINION AND ORDER granting Motion to Enforce the Settlement Agreement; denying [231] Motion for Partial Summary Judgment; denying [239] Motion for Partial Summary Judgment; denying [241] Motion for Reconsideration; denying [242] Motion for Partial Summary Judgment; denying [243] Motion for Partial Summary Judgment; denying [244] Motion for Reconsideration; denying [246] Motion for Partial Summary Judgment. The parties are requested to file a joint status report on or before May 23, 2017. Signed by Judge Charles F. Lettow.

Keywords: re: Rails-to-trails class action; settlement; appeal of approval of settlement agreement; remand; application of the mandate rule to remanded case; enforceability of settlement agreement as binding contract. (MZ)

15-1022 • ENHANCED VETERANS SOLUTIONS, INC. v. USA

Filed 05/04/2017
**FOR ADMINISTRATIVE PURPOSES ONLY** REPORTED OPINION. Signed by Judge Victor J. Wolski.

Keywords: re: Reported Opinion; Post-award bid protest; service center operation support services; U.S. Citizenship & Immigration Services; solicitation interpretation; patent ambiguity; FAR §§ 15.304(d), 15.305; roll-up of subfactor ratings; FAR § 1.602-2(b); alleged disparate treatment; integrity and business ethics, FAR § 9.104-1(d); subcontractor past performance.

14-497 • MENDEZ v. USA

Filed 05/03/2017
REPORTED OPINION granting Motion for Summary Judgment The Clerk is directed to enter judgment. Signed by Judge Patricia E. Campbell-Smith.

Keywords: re: Order on Motion for Summary Judgment, Reported Opinion Confidential Informant; Statute of Limitations; 28 U.S.C. §2501 (2012); Subject-Matter Jurisdiction; RCFC 12(h)(3).(MEH)

16-548 • IDAHO STAGE LLC v. USA

Filed 05/02/2017
REPORTED OPINION denying Motion in Limine. Signed by Judge Marian Blank Horn.

Keywords: re: Motion in Limine, Contract Interpretation; Request for Equitable Adjustment.

17-449 • CONTINENTAL SERVICE GROUP, INC. v. USA

Filed 05/02/2017
REPORTED ORDER on MOTION to Dismiss MOTION to Dismiss pursuant to Rule 12(b)(1) filed by USA, [51] MOTION to Dismiss Plaintiff's Complaint and to Vacate the Temporary Restraining Order and Related Stay filed by PREMIERE CREDIT OF NORTH AMERICA, LLC, [79] MOTION for Preliminary Injunction filed by PIONEER CREDIT RECOVERY, INC., [7] MOTION for Preliminary Injunction MOTION for Temporary Restraining Order filed by CONTINENTAL SERVICE GROUP, INC., [83] MOTION for Preliminary Injunction (Renewed) filed by CONTINENTAL SERVICE GROUP, INC. ( Status Report due by 5/19/2017). Signed by Chief Judge Susan G. Braden.

Keywords: re: Preliminary Injunction, RCFC 65(d); Motion To Dismiss For Lack Of Subject Matter Jurisdiction, RCFC 12(b)(1).

14-1196 • SENATE BUILDERS AND CONSTRUCTION MANAGERS, INC. v. USA

Filed 04/29/2017
REPORTED OPINION finding as moot Motion for Judgment on the Pleadings; granting [11] Motion for Summary Judgment; denying [16] Cross Motion The Clerk is directed to enter judgment. Signed by Judge Victor J. Wolski.

Keywords: re: Breach of contract; equitable adjustment; differing site implied-in-fact contract; estoppel;conditions; excavation; Army Corps of Engineers summary judgment; unreasonable contract interpretation.

15-634 • BIAS v. USA

Filed 04/28/2017
REPORTED OPINION granting in part and denying in part Motion to dismiss for lack of subject matter jurisdiction; granting [26] Motion for Judgment on the Administrative Record; denying [27] Cross Motion for judgment on the administrative record. The Clerk is directed to enter judgment. Signed by Judge Charles F. Lettow. (USPS Tracking # 7014 1200 0000 9093 7627)

Keywords: Military pay claim; challenge to grant by correction board of equitable relief as insufficient

14-924 • PRAKHIN v. USA

Filed 04/28/2017
REPORTED ORDER denying Motion to Dismiss - Rule 12(b)(1). Signed by Chief Judge Susan G. Braden.

Keywords: re: Claim Accrual; Jurisdiction; Motion to Dismiss, Rule of the United States Court of Federal Claims(RCFC) 12(b)(1); Statute of Limitations, 28 U.S.C. § 2501; Takings Clause, Fifth Amendment to the United States Constitution.

15-370 • OPEN SPIRIT, LLC, v. USA

Filed 04/28/2017
REPORTED OPINION. The Clerk is directed to enter judgment. Signed by Judge Mary Ellen Coster Williams. (TF3) Copy to parties.

Keywords: re: Bid Protest; Out-Grant Lease; Cancellation of Request for Proposals; 28 U.S.C. § 1491(b)(1); 5 U.S.C. § 706; 10 U.S.C. § 2667; 41 U.S.C. § 111; Bad Faith. (TF3)

13-465 • FAIRHOLME FUNDS, INC. et al v. USA

Filed 04/28/2017
REPORTED OPINION denying Motion for Leave to File Amicus Brief. Signed by Judge Margaret M. Sweeney. (pp) Copy to parties. Copy served on Mr. Sammons by first class mail.

Keywords re: Order on Motion for Leave to File Amicus Brief, Reported Opinion -- Amicus Curiae Brief; Fifth Amendment Takings; Separation of Powers Doctrine; Public Rights Doctrine; Constitutional Jurisdiction.

13-779 • DEMONS et al v. USA

Filed 04/27/2017
REPORTED FINAL MEMORANDUM OPINION and ORDER on Unopposed MOTION to Amend/Correct [44] Unopposed MOTION for Settlement filed by WENDALE TUBBS, JENNIE HARRIS, GLADYS FOWLER, COLLEEN REILLY, LAURA FOREMAN, ELOUISE CHEEKREPORTED FINAL MEMORANDUM OPINION and ORDER on [47] Unopposed MOTION to Amend/Correct [44] Unopposed MOTION for Settlement filed by WENDALE TUBBS, JENNIE HARRIS, GLADYS FOWLER, COLLEEN REILLY, LAURA FOREMAN, ELOUISE CHEEKS, CILICIA A. DEMONS, [44] Unopposed MOTION for Settlement filed by WENDALE TUBBS, JENNIE HARRIS, GLADYS FOWLER, COLLEEN REILLY, LAURA FOREMAN, ELOUISE CHEEKS, CILICIA A. DEMONS REPORTED OPINION on [47] Unopposed MOTION to Amend/CoS, CILICIA A. DEMONS, [44] Unopposed MOTION for Settlement filed by WENDALE TUBBS, JENNIE HARRIS, GLADYS FOWLER, COLLEEN REILLY, LAURA FOREMAN, ELOUISE CHEEKS, CILICIA A. DEMONS REPORTED OPINION on [47] Unopposed MOTION to Amend/Correct [44] Unopposed MOTION for Settlement filed by WENDALE TUBBS, JENNIE HARRIS, GLADYS FOWLER, COLLEEN REILLY, LAURA FOREMAN, ELOUISE CHEEKS, CILICIA A. DEMONS, [44] Unopposed MOTION for Settlement filed by WENDrrect [44] Unopposed MOTION for Settlement filed by WENDALE TUBBS, JENNIE HARRIS, GLADYS FOWLER, COLLEEN REILLY, LAURA FOREMAN, ELOUISE CHEEKS, CILICIA A. DEMONS, [44] Unopposed MOTION for Settlement filed by WENDALE TUBBS, JENNIE HARRIS, GLADYS FOWLER, COLLEEN REILLY, LAURA FOREMAN, ELOUISE CHEEKS, CILICIA A. DEMONS The Clerk is directed to enter judgment. Signed by Chief Judge Susan G. Braden. (rgh) Copy to parties. (Main Document 48 replaced on 4/28ALE TUBBS, JENNIE HARRIS, GLADYS FOWLER, COLLEEN REILLY, LAURA FOREMAN, ELOUISE CHEEKS, CILICIA A. DEMONS The Clerk is directed to enter judgment. Signed by Chief Judge Susan G. Braden. (rgh) Copy to parties. (Main Document 48 replaced on 4/28/2017 to correct title of document.) (dls)./2017 to correct title of document.)

Keywords: re: Class Action Settlement, Voluntary Dismissal, or Compromise; RCFC 23(e). (rgh)Keywords: re: [48] Rule of the United States Court of Federal Claims ("RCFC") 23(e) (Settlement, Voluntary Dismissal, or Compromise).

17-129 • THE CONCOURSE GROUP, LLC v. USA

Filed 04/27/2017
REPORTED OPINION. Signed by Judge Thomas C. Wheeler.

Keywords: re: Post-Award Bid Protest; Standard of Review for Agencys Technical Evaluation of Proposals; Unstated Evaluation Criteria; Formal Requirements in a FAR Subpart 8.4 Procurement.

14-625 • CHICAGO COATING COMPANY, LLC v. USA

Filed 04/26/2017
REPORTED OPINION denying Motion for Summary Judgment; granting [29] Cross Motion. The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler.

Keywords: re: Rails-to-Trails Case; National Trails System Act, 16 U.S.C. 1241 (2006); Illinois Property Law; Deed Interpretation; Easement; Fee Simple.

15-348 • KANSAS CITY POWER & LIGHT CO. v. USA

Filed 04/26/2017
REPORTED OPINION granting in part and denying in part Motion to Compel; granting in part and denying in part [49] Motion to Quash; denying [53] Motion for Leave to Use Depositions. Signed by Judge Margaret M. Sweeney.

Keywords: re: Order on Motion to Compel, Order on Motion to Quash, Order on Motion for Miscellaneous Relief, Reported Opinion; RCFC 26; RCFC 34; RCFC 36; RCFC 37; Motion to Quash and for a Protective Order; RCFC 45; Motion for Leave to Use Depositions; RCFC 32.

08-610 • TEXTAINER EQUIPMENT MANAGEMENT LIMITED, ET AL. v. USA

Filed 04/25/2017
REPORTED ORDER granting in part and denying in part Motion for Attorney Fees; granting in part and denying in part [189] Motion for Attorney Fees. Proposed final judgment due by 5/12/2017. Signed by Senior Judge Nancy B. Firestone.

Keywords: re: Order on Motion for Attorney Fees; Reported Order; Attorneys Fees and Costs; Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA), 42 U.S.C. § 4654(c); RCFC 54(d).

16-1656 • GALLUP, INC. v. USA

Filed 04/25/2017
REPORTED OPINION: Status Report due by 5/17/2017. Signed by Judge Thomas C. Wheeler.

Keywords: re: Pre-Award Bid Protest; U.S. Special Operations Command; Inaccurate Administrative Record; Rule 11; Agency Misconduct; Conduct Warranting Sanctions.

15-1406 • HENDRICKSON et al v. USA

Filed 04/21/2017
MEMORANDUM OPINION AND ORDER denying motion for partial summary judgment; granting [25] motion for summary judgment; and DENYING [30] motion for oral argument. JSR due by 5/12/2017. Signed by Judge Lydia Kay Griggsby.

Keywords: re: Order on Motion for Partial Summary Judgment: Summary Judgment, RCFC 56; Breach of Contract; Annuity.

17-449 • CONTINENTAL SERVICE GROUP, INC. v. USA

Filed 04/19/2017
REPORTED ORDER STAYING PROCEEDINGS FOR THIRTY DAYS Status Report due by 5/19/2017. Signed by Chief Judge Susan G. Braden.

Keywords: re: Reported Order Staying Proceedings For Thirty Days, Stay Of Proceedings.

16-310 • MCCORD v. USA

Filed 04/19/2017
REPORTED OPINION denying Motion for Judgment on the Administrative Record; granting [20] Cross-Motion. Status Report due by 6/5/2017. Signed by Judge Elaine D. Kaplan.

Keywords: re: Tucker Act; 28 U.S.C. § 1491; Military Disability Pay; Army Board for Correction of Military Records; Integrated Disability Evaluation System; Joint Pilot Program; Remand.

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