USCFC General Jurisdiction-Reported

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11-703C • CHARLES P. MAXWELL V. THE UNITED STATES

Filed 03/19/2012
Pro Se; Motion to Dismiss; RCFC 12(b)(6); RCFC 12(h)(3); Fifth Amendment Taking Signed by Judge Hewitt.

12-97C • CONTRACTING CONSULTING ENGINEERING LLC V. THE UNITED STATES

Filed 03/19/2012
Post-award bid protest; motions to supplement administrative record. Signed by Judge Miller, C..

10-213C • TOWNSHIP OF SADDLE BROOK V. THE UNITED STATES

Filed 03/16/2012
Contracts; subject matter jurisdiction, motion to dismiss, RCFC 12(b)(1); claim founded upon an express or implied-in-fact contract with the United States, 28 U.S.C. § 1491(a)(1) (2006); impact of law-of-the-case doctrine on transferor court’s determination that jurisdiction lies in the United States Court of Federal Claims; transfer statute, 28 U.S.C. § 1631 (2006). Signed by Judge Miller, C..

11-561C • HILDRA LAVON JONES, III V. UNITED STATES

Filed 03/15/2012
Motion to Dismiss for Lack of Subject Matter Jurisdiction; Pro Se Plaintiff; Tort; Due Process; Equal Protection; Civil Rights; Criminal Conduct. Signed by Judge Horn.

11-776C • ELMER LEE JEFFERSON V. UNITED STATES

Filed 03/15/2012
Motion to Dismiss for Lack of Subject Matter Jurisdiction; Pro Se Plaintiff; Tort; Due Process; Equal Protection; Cruel and Unusual Punishment; Freedom of Expression; Criminal Conduct; Civil Rights. Signed by Judge Horn.

11-755C • L-3 SERVICES, INC., AEROSPACE ELECTRONICS DIVSION V. THE UNITED STATES

Filed 03/15/2012
Lack of subject matter jurisdiction; Maritime contracts; Maritime contract exception to Contract Disputes Act jurisdiction, 41 U.S.C. § 7102(d); Bid protest over maritime contract distinguished (§ 861 of National Defense Authorization Act for Fiscal Year 2012); Transfer under 28 U.S.C. § 1631 Signed by Judge Firestone.

12-37C • SOLUTE CONSULTING V. THE UNITED STATES

Filed 03/13/2012
Motion to Dismiss, RCFC 12(b)(1); Task Order Protest Bar, 10 U.S.C. § 2304c(e); Increasing the Scope of the Contract; Allegations Related to the Agency’s Evaluation of Proposals; “Scope” Refers to “Scope of Work” Signed by Judge Sweeney.

12-97C • CONTRACTING CONSULTING ENGINEERING LLC V. THE UNITED STATES

Filed 03/12/2012
Post-award bid protest; 28 U.S.C. § 1491(b)(1) (2006); preliminary injunctive relief Signed by Judge Miller, C..

09-864C • MISSION CRITICAL SOLUTIONS V. THE UNITED STATES

Filed 03/12/2012
Motion to Enforce; Civil Contempt; Standing to Enforce Injunction; New Procurement; Good Faith and Reasonable Interpretation of Court Order Signed by Judge Hewitt.

06-828L • KINGMAN REEF ATOLL INVESTMENTS, L.L.C., et al. V. UNITED STATES

Filed 03/08/2012
Motions to Reconsider Jurisdiction; 28 U.S.C. § 1500; United States v. Tohono O’Odham Nation, 131 S. Ct. 1723 (2011). Signed by Judge Horn.

10-402C • SAMUEL ANDREWS, et al. V. THE UNITED STATES

Filed 03/08/2012
Enforcement of a settlement agreement; supervisory power; voluntary dismissal; order striking motion Signed by Judge Damich.

12-138C • DINO J. SCHWERTZ V. THE UNITED STATES

Filed 03/08/2012
Pro Se; Lack of Subject Matter Jurisdiction; Sua Sponte Transfer Pursuant to 28 U.S.C. § 1631 Signed by Judge Hewitt.

09-454C • JOYCE TERRY, d/b/a SHIRT SHACK V. THE UNITED STATES

Filed 03/06/2012
Motion to Dismiss, RCFC 12(b)(6); Exhibits Appended to Prior Pleading; Materials Integral to Claim; Incorporation By Reference; Solicitation Is a Public Record; Avtel Services, Inc.; Implied Contract to Consider Proposal Fairly and Honestly; Allegations of Bad Faith; Court Need Not Accept As True Allegations Concerning Effect of Exhibit; Alleged Breach of Express Contract; Lack of Subject Matter Jurisdiction Over Discrimination and Promissory Estoppel Claims; Existence of Express Contract Precludes Implied-in-Fact Contract Claim Dealing With Same Subject Matter As Express Contract Signed by Judge Sweeney.

11-318C • ALAN MCGRATH V. THE UNITED STATES

Filed 03/06/2012
Patent case; Order governing electronic discovery; Clawback order under Fed. R. Evid. 502(d). Signed by Judge Allegra.

08-832T • ANDRE B. ERLICH and TERESA I. POZNANSKI-ERLICH V. THE UNITED STATES

Filed 03/02/2012
Partial summary judgment; foreign tax credit, 26 U.S.C. § 901(b)(1); Section 317(b)(4) of the Social Security Amendments of 1977; Totalization Agreement, 42 U.S.C. § 433; plain meaning of “in accordance with the terms”; loss of tax credit for French social security payments by U.S. citizen employed by non-American corporation in France. Signed by Judge Wolski.

04-106C • DAIRYLAND POWER COOPERATIVE V. THE UNITED STATES

Filed 03/02/2012
Spent Nuclear Fuel; Private Fuel Storage; Motion to Re-Open Evidentiary Record Signed by Judge Damich.

11-166C • LUIS A. ARRAÑAGA V. UNITED STATES OF AMERICA

Filed 03/01/2012
Summary judgment; Employment contract; Breach of contract; Implied covenant of good faith and fair dealing Signed by Judge Block.

11-166C • LUIS A. ARRAÑAGA V. UNITED STATES OF AMERICA

Filed 03/01/2012
Summary judgment; Employment contract; Breach of contract; Implied covenant of good faith and fair dealing Signed by Judge Block.

11-236C • DEMODULATION, INC. V. THE UNITED STATES

Filed 02/29/2012
Contract Disputes Act, 41 U.S.C. §§ 601-13 (2006); Cooperative Research and Development Agreement; Failure to State a Claim, RCFC 12(b)(6) (2010); Fifth Amendment to the U.S. Constitution; Jurisdiction, Motion to Dismiss, RCFC 12(b)(1) (2010); Standing; Stevenson-Wydler Technology Innovation Act of 1980, Pub. Law No. 96-480 (1980) (codified, as amended, at 15 U.S.C. §§ 3701-22); Tucker Act, 28 U.S.C. § 1491 (2006); Trade Secrets Act, 18 U.S.C. § 1905 (2006); 10 C.F.R. § 782.1 (2011); 31 U.S.C. § 6303 (2006); 48 C.F.R. § 52.227-14(d)(2) (2011); RCFC 12(f) (2010). Signed by Judge Braden.

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