USCFC General Jurisdiction-Reported

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11-89C • RCD CLEANING SERVICE, INC. V. THE UNITED STATES, WINCOR PROPERTIES, INC.

Filed 04/13/2011
Pre-Award Bid Protest; Failure to Provide Requested Information to Confirm HUBZone Status. Signed by Judge Bush.

11-13C • RCD CLEANING SERVICE, INC. V. THE UNITED STATES, FEDERAL MAINTENANCE HAWAII, INC.

Filed 04/13/2011
Post-Award Bid Protest; Failure to Provide Requested Information to Confirm HUBZone Status Signed by Judge Bush.

08-742C • MICHAEL T. URBAN V. THE UNITED STATES

Filed 04/12/2011
Military pay; Cross-Motions for Judgment on the Administrative Record; RCFC 56.1; Arbitrary and Capricious Standard of Review; Temporary Disability Retirement List, Correction of Military Record Signed by Judge Smith.

09-42L • ANNA F. NORDHUS FAMILY TRUST, ET AL. V. THE UNITED STATES

Filed 04/12/2011
National Trails System Act, 16 U.S.C. § 1241 et seq. (2006); Fifth Amendment Taking Claim; Railroad’s Abandonment of Easement; Federal Board’s Notice of Interim Trails Use Blocked Reversion to Fee Simple Landowners Under Kansas Law. Signed by Judge Wheeler.

10-320L • MARY L. DUNCAN V. THE UNITED STATES

Filed 04/12/2011
Fifth Amendment Taking; Motion to Dismiss; Statute of Limitations, 28 U.S.C. § 2501; Accrual Suspension; Application to Proceed In Forma Pauperis Signed by Judge Sweeney.

09-273V • DESERET MANAGEMENT CORPORATION V. THE UNITED STATES

Filed 04/11/2011
Expert reports; RCFC 26 – mandatory disclosure of expert testimony; RCFC 26(a)(2)(C)(ii) – rebuttal reports; Report filed by defendant that contradicted the methodology employed by plaintiff’s expert is rebuttal report; RCFC 26(e)(1)(A) – supplemental report; RCFC 37(c)(1) – sanctions; Delay harmless; Report not excluded; Lesser sanction imposed. Signed by Judge Allegra.

07-742C • PARKWOOD ASSOCIATES LIMITED PARTNERSHIP V. THE UNITED STATES

Filed 04/08/2011
Government contract case; Cross-motions for summary judgment; Federal Housing Act – prepayment of housing loans; 28 U.S.C. § 1491 – Tucker Act; 28 U.S.C. § 2501 – six- year statute of limitations; ELIHPA; Contract breach claim; Accrual; Franconia; Repudiation; Request for prepayment; Breach when performance due; Tamerlane; Subjective intent; Continuing claims doctrine; Multiple requests for single performance; Contract claim untimely; Takings claim; Accrual; Takings claim untimely. Signed by Judge Allegra.

10-844C • GLENN DEFENSE MARINE (ASIA), PTE LTD. V. THE UNITED STATES

Filed 04/08/2011
Pre-Award Bid Protest; Sufficient Information About Quantities Given to Bidders; FAR 15.404-1(g) Irrelevant to Dispute Signed by Judge Hewitt.

08-606C • THE REDLAND COMPANY, INC. V. UNITED STATES OF AMERICA

Filed 04/07/2011
Contract Disputes Act; Eichleay Damages; Unabsorbed Overhead; Standard for “Standby” Damages; Equitable Adjustment; Breach of Contract; Constructive Change; Commercial Impracticability; Doctrine of Economic Waste Signed by Judge Block.

09-515L • MACY ELEVATOR, INC., ET AL. V. THE UNITED STATES

Filed 04/07/2011
Fifth Amendment Takings Clause; Rails to Trails; National Trails System Act Amendments of 1983, 16 U.S.C. § 1247(d); Indiana Law; Interest of Adjoining Landowner to Railroad Right-of-Way; Railroad Easement Abandonment, Ind. Code § 32-5-12-6 (2010); Scope of Railroad Easement Signed by Judge Firestone.

09-824C • PAULA JOHNSON V. THE UNITED STATES

Filed 04/06/2011
Pro Se Standard; Motion to Dismiss; Subject Matter Jurisdiction; RCFC 12(b)(1); ADA Claims; Rehabilitation Act Claims;ARRA Claims; 42 U.S.C. § 6863 Signed by Judge Smith.

09-651C • FLOORPRO, INC. V. THE UNITED STATES

Filed 04/06/2011
Cross-Motions for Summary Judgment; RCFC 56(c); Intended Third-Party Beneficiary Rights; Flexfab, L.L.C. v. United States; D & H Distribution Company v. United States; Subcontractor Privity in Government Contracts Signed by Judge Smith.

05-708C • SCOTT TIMBER COMPANY V. UNITED STATES

Filed 04/05/2011
Post-trial decision on damages in a timber-sale case; unreasonable actions by the Forest Service leading to suspensions of the sales; undue delay in lifting the suspensions; foreseeability; mitigation; viability of pass-through claim; lost profits; claim preparation costs; interest Signed by Judge Lettow.

10-182C • BECKY ROBERTS V. THE UNITED STATES

Filed 04/01/2011
Administrative Procedure Act, 5 U.S.C. §§ 702-706; Correction of Military Records, 10 U.S.C. § 1552; Department of Defense Directive 1350.2; Judgment On The Administrative Record, RCFC 52.1; Military Pay Act, 37 U.S.C. § 204; Motion To Dismiss, RCFC 12(b)(1); Office of Naval Intelligence Instruction 1610.2; Transfer of an Action, 28 U.S.C. § 1631; Tucker Act, 28 U.S.C. § 1491; UNITED STATES CONSTITUTION amend. V; Venue, 28 U.S.C. § 1391. Signed by Judge Braden.

10-503C • JAMES RICHARD, SR., ET AL. V. THE UNITED STATES

Filed 03/31/2011
Motion to Dismiss; RCFC 12(b)(1); Fort Laramie Treaty of April 29, 1868; "Bad Men" Clause; Peace Commission; Committed by an Individual Not Affiliated With the United States; Treaty Interpretation; Hebah; Begay; Tsosie; Elk; Zephier; Hernandez; Slattery; Jan’s Helicopter Service, Inc. Signed by Judge Sweeney.

10-812C • THE HUNTSVILLE TIMES CO. INC. V. THE UNITED STATES

Filed 03/31/2011
Post-Award Bid Protest; Evaluation of Proposals Based on Criteria Not Disclosed in the Solicitation. Signed by Judge Bush.

06-633C • JUDITH LOUISE CRONIN V. THE UNITED STATES

Filed 03/31/2011
Military pay; statute of limitations; Temporary Disability Retirement List; Servicemembers’ Civil Relief Act; tolling; 50 U.S.C. app. § 526; period of military service Signed by Judge Bruggink.

99-4451L • JOHN H. BANKS, ET AL. V. THE UNITED STATES

Filed 03/30/2011
An Observation by the Appellate Court in its Opinion on a Motion Under RCFC 12(b)(1) Does Not Constitute the Law of the Case for Trial on the Merits Signed by Judge Hewitt.

10-587C • WATTERSON CONSTRUCTION COMPANY V. THE UNITED STATES

Filed 03/29/2011
Administrative Procedure Act, 5 U.S.C. § 706(2)(A) (2006) (standard of review); Administrative Record; Bid Protest Jurisdiction, 28 U.S.C. § 1491(b)(1) (2006); Competition in Contracting Act, 31 U.S.C. § 3553(c) (2006) (GAO stay of procurement); Federal Acquisition Regulations, 48 C.F.R. §§ 14.302(a), 14.304(b)(1) (late proposals); 48 C.F.R. § 15.208(b)(1) (late proposals); 48 C.F.R. § 15.306(e) (bid submissions); 48 C.F.R. § 15.307 (proposal revisions); 48 C.F.R. §§ 52.212-1(f)(2)(i), 52.214-23(b)(1), 52.214-7(b), 52.215-1(c)(3) (exceptions to late proposals); 48 C.F.R. § 52.215-1(c)(6) (emergency or unanticipated event exception to late proposal). Signed by Judge Braden.

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