USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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17-183 • SIGMATECH, INC. v. USA

Filed 01/05/2018
REPORTED PUBLIC MEMORANDUM OPINION AND FINAL ORDER. Signed by Chief Judge Susan G. Braden. (cn) Service on parties made.

15-371 • WAVERLEY VIEW INVESTORS, LLC v. USA

Filed 01/05/2018
REPORTED POST-TRIAL MEMORANDUM OPINION AND ORDER REGARDING A PARTIAL PHYSICAL TAKINGS CLAIM: Parties are directed to provide the court with information by 2/23/2018. Signed by Chief Judge Susan G. Braden. (Attachments: # (1) Table of Abbreviations, # (2) Memorandum Opinion and Order on Evidentiary Issues)(jf) (Service on parties made.) (Main Document 96 replaced on 1/8/2018 to correct title of opinion) (ar). (Attachment 2 replaced on 1/8/2018 to correct typo in PDF)

Keywords: re: Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. §§ 9601-9675 (2012); Just Compensation; Right of Entry Agreement; Tucker Act Jurisdiction, 28 U.S.C. § 1491 (2012); U.S. CONST. amend. V, Takings Clause; Voluntary Consent.

17-1163 • ROLLE v. USA

Filed 01/05/2018
Docketed for Administrative Purposes MEMORANDUM OPINION and FINAL ORDER granting Motion to Dismiss - Rule 12(b)(1). The Clerk is directed to enter judgment. Signed by Chief Judge Susan G. Braden. (dls) Service on parties made. (Plaintiff served via certified mail; Article No. 7017 1450 0000 1346 0317)

17-1865 • TEAM WASTE GULF COAST, LLC v. USA

Filed 01/03/2018
REPORTED OPINION originally issued under seal on 12/20/2017. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made.

Keywords: re: Reported Opinion. Bid Protest; Review of Small Business Administrations Determination that Plaintiff Is Not a Small Business; Preliminary Injunction Request. (TQ)

17-739 • KANE COUNTY, UTAH v. USA

Filed 12/21/2017
REPORTED OPINION granting Motion for Summary Judgment; denying [10] Cross Motion. Status Report due by 1/16/2018. Signed by Judge Elaine D. Kaplan. (bh) Service on parties made.

Keywords: re: Payments in Lieu of Taxes; Statutory Interpretation; 31 U.S.C. § 6906; Obligations Limited by Appropriations.

17-179 • BEBERMAN v. USA

Filed 12/21/2017
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1), and directing the clerk's office to RETURN any future filings that are not in compliance with this court's rules to plaintiff, UNFILED, without further order. The Clerk is directed to enter judgment. Signed by Judge Patricia E. Campbell-Smith. (dls) Service on parties made. (Plaintiff served via certified mail; Article No. 7017 1450 0000 1346 0423)

Keywords: re: Pro Se; Equal Pay Act, 29 U.S.C. § 206(d) (2012); Motion to Dismiss for Lack of Subject Matter Jurisdiction, RCFC 12(b)(1); 28 U.S.C. § 1500 (2012); RCFC 12(h)(3).

17-488 • YANKTON COUNTY, SOUTH DAKOTA v. USA

Filed 12/21/2017
REPORTED OPINION granting Motion to Dismiss per Rule 12(b)(1). The Clerk is directed to enter judgment. Signed by Judge Margaret M. Sweeney. (pp) Service on parties made.

Keywords re: Reported Opinion dismissing case -- RCFC 12(b)(1); Takings Clause of the Fifth Amendment; 28 U.S.C. § 2501; Statute of Limitations; Claim Accrual; Stabilization Doctrine; Justifiable Uncertainty.

17-1015 • VETERANS CONTRACTING GROUP, INC. v. USA

Filed 12/21/2017
REPORTED OPINION AND ORDER reflecting redactions from the opinion and order entered under seal on December 15, 2017. Signed by Judge Charles F. Lettow.

Keywords: re: Pre-award bid protest; restoration of SDVOSB to the VA's VetBiz VIP database; cancellation of one solicitation; prospective, not retroactive, restoration of SDVOSB to the VetBiz VIP database, award of bid preparation and proposal costs

17-1657 • ANDRUS et al v. USA

Filed 12/21/2017
REPORTED ORDER REGARDING JUDICIAL ASSIGNMENT. Signed by Chief Judge Susan G. Braden. (cn) Service on parties made.

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

Filed 12/20/2017
REPORTED ORDER. Signed by Judge Lydia Kay Griggsby. (rdb) Service on parties made.

Keywords: Injunction Pending Appeal; RCFC 62(c), re: Reported Order.

17-206 • YEE v. USA

Filed 12/20/2017
REPORTED OPINION. The Clerk is directed to enter judgment. Signed by Judge Marian Blank Horn. (td) Service on parties made.

Keywords: re: Motion for Summary Judgment; Cooperative Agreement; Breach of Contract; Contract Interpretation; Incorporation by Reference

17-1188 • VETERANS CONTRACTING GROUP, INC. v. USA

Filed 12/20/2017
REPORTED OPINION AND ORDER reflecting no redactions from the opinion and order entered under seal on December 11, 2017. Signed by Judge Charles F. Lettow.

Keywords: re: Post-award bid protest; qualification of an offeror as a service-disabled veteran-owned small business; divergent standards for eligibility in regulations of the Small Business Administration and the Department of Veterans Affairs; Auer deference

17-113 • DOMINICK et al v. USA

Filed 12/19/2017
REPORTED OPINION denying Motion to Certify Class, without prejudice. Signed by Chief Judge Susan G. Braden. (bs) Service on parties made.

Keywords: re: Order on Motion to Certify Class, Reported Opinion: Back Pay Act of 1966, 5 U.S.C. § 5596 (2012); Collective Action; Conditional Certification; Fair Labor Standards Act of 1938, 29 U.S.C. §§ 201-219 (2012).

17-3000 • IN RE ADDICKS AND BARKER (TEXAS) FLOOD-CONTROL RESERVOIRS V. USA

Filed 12/19/2017
REPORTED ORDER Notice of Compliance due by 12/19/2017.. Signed by Chief Judge Susan G. Braden. (cn) Service on parties made.

17-1765 • INTELLIGENT WAVES, LLC v. USA

Filed 12/19/2017
REPORTED OPINION. Redacted version of Opinion and Order denying [23] Motion for TRO/PI and denying [25] Motion for TRO/PI. Signed by Judge Margaret M. Sweeney. (pp) Service on parties made.

Keywords re: Reported Opinion -- Post-Award Bid Protest; Motions for a Temporary Restraining Order and Preliminary Injunction; Likelihood of Success on the Merits; Organizational and Consultant Conflict of Interest; Evaluation of Proposals; FAR 15.305(a); Irreparable Injury; Balance of Harms; Public Interest; National Defense; National Security; Failure to Submit a Declaration or Affidavit Supplying Evidentiary Support.

17-3000 • IN RE ADDICKS AND BARKER (TEXAS) FLOOD-CONTROL RESERVOIRS V. USA

Filed 12/18/2017
REPORTED ORDER rescheduling hearing. Hearing set for 12/20/2017 09:30 AM in Courtroom 10-B in the United States District Court for the Southern District of Texas, 515 Rusk Street, Houston before Chief Judge Susan G. Braden. Signed by Chief Judge Susan G. Braden. (cn) Service on parties made.

17-3000 • IN RE ADDICKS AND BARKER (TEXAS) FLOOD-CONTROL RESERVOIRS V. USA

Filed 12/15/2017
REPORTED ORDER Hearing set for 12/20/2017 10:30 AM in Courtroom 10-B in the United States District Court for the Southern District of Texas, 515 Rusk Street, Houston before Chief Judge Susan G. Braden.. Signed by Chief Judge Susan G. Braden. (cn) Service on parties made.

16-261 • PRECISION ASSET MANAGEMENT CORP. v. USA

Filed 12/13/2017
REPORTED OPINION of 11/9/2017 opinion issued under seal. The parties submitted their proposed redactions on 11/21/2017 and were acceptable to the court. Brackets ([ ]) identify the redacted portions of this opinion.. Signed by Judge Patricia E. Campbell-Smith.

Keywords: re: Reported Opinion. Bid Protest; Meaningful Discussions; 48 C.F.R. § 15.306(d)(3) (2015); Injunctive Relief. (TQ)

17-973 • VINCENT v. USA

Filed 12/13/2017
REPORTED OPINION granting Motion for Leave to Proceed in forma pauperis; granting [8] Motion to Dismiss - Rule 12(b)(1). The Clerk is directed to enter judgment for defendant, dismissing plaintiff's complaint for lack of subject matter jurisdiction, without prejudice. Signed by Judge Patricia E. Campbell-Smith. [Sent via certified mail: 7017 1450 000 1346 0539]

Keywords: re: Motion to Dismiss, RCFC 12(b)(l); No Jurisdiction Over Tort, Due Process and Criminal Claims; Transfer Not Permitted by Law.

17-417 • ROBINSON v. USA

Filed 12/13/2017
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1) and (6). The Clerk is directed to enter judgment in favor of defendant dismissing plaintiff's complaint for lack of subject matter jurisdiction, without prejudice. Signed by Judge Patricia E. Campbell-Smith. (ar) Copy to parties. [Sent via certified mail: 7017 1450 0000 1346 0522]

Keywords: re: Pro Se Complaint; Dismissal for Lack of Subject Matter Jurisdiction or, in the Alternative, for Failure to State a Claim upon which Relief Can Be Granted; RCFC 12(b)(l); RCFC 12(b)(6); Claim for Reinstatement ofHealth Coverage for Minor Children Irrespective of State Court Order.

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