USCFC General Jurisdiction-Reported

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99-550L • THE OSAGE TRIBE OF INDIANS OF OKLAHOMA V. THE UNITED STATES OF AMERICA

Filed 12/09/2010
Judicial Notice; Dictionary Definitions of Statistical Terms; Prior Trial Testimony in Same Matter; Deposition Testimony. Signed by Judge Hewitt.

08-541C • DELHUR INDUSTRIES, INC. V. THE UNITED STATES

Filed 12/09/2010
Federal Highway Administration Road Construction Contract; Claims Under Contract Disputes Act; Constructive Changes; Delays; Differing Site Conditions; Errors in Plans and Specifications; Contractor’s Burden of Proof to Obtain Equitable Adjustment; Liquidated Damages. Signed by Judge Wheeler.

10-599C • PYRAMID REAL ESTATE SERVICES, LLC V. THE UNITED STATES AND MATT MARTIN REAL ESTATE MANAGEMENT, LLC AND HOMETELOS, LP

Filed 12/09/2010
Bid Protest; Violation of Protective Order; Availability of Sanctions or Remedies; Government and Intervenor Entitled to Reasonable Expenses, Including Attorney’s Fees Signed by Judge Hewitt.

09-638T • THOMAS KEHMEIER V. THE UNITED STATES OF AMERICA

Filed 12/07/2010
Motion to Dismiss; RCFC 12(b)(1); 26 U.S.C. 7422(a); Zero Wage Entry on Tax Return; Valid Tax Return Requirement to Qualify as Claim for Refund; Claim for Refund as Prerequisite for Jurisdiction Signed by Judge Hodges.

05-576T • PRESTOP HOLDINGS, LLC, JL INVESTMENT TRUST, JOHN M. LARSON, GRANTOR/TRUSTEE, TAX MATTERS PARTNER FILING AS NOTICE PARTNER V. THE UNITED STATES

Filed 12/07/2010
Partnership readjustment petition under 26 U.S.C. § 6226; Motion to dismiss; Parameters of judicial review under 26 U.S.C. § 6226; Deposit requirement under 26 U.S.C. § 6226(e)(1); Kislev and Russian Recovery examined – and rejected; Proper application of the Dictionary Act, 1 U.S.C. § 1 – pluralization of statutory terms; Nat’l Bank in St. Louis; Annual accounting principle – Burnet v. Sanford; Analogy to Flora; Context of section 6226(e)(1) – including language of accompanying provisions and the structure of TEFRA – indicates that deposit thereunder need only account for the partner’s taxable year corresponding to the partnership taxable year examined under the FPAA; Motion denied. Signed by Judge Allegra.

10-726C • BONA FIDE CONGLOMERATE, INC. V. THE UNITED STATES

Filed 12/02/2010
Post-award Bid Protest; Temporary Restraining Order; Subject Matter Jurisdiction; Javits-Wagner-O'Day Act, 41 U.S.C. §§ 46-48c; Committee for Purchase From People Who Are Blind or Severely Disabled; Bond. Signed by Judge Williams.

10-675C • MATT MARTIN REAL ESTATE MANAGEMENT LLC, v. THE UNITED STATES,

Filed 12/02/2010
Post-Award Bid Protest; Challenge to Evaluation Plan Employing “Overall” Technical Ratings Based on Consensus Evaluations of Technical Evaluation Team (TET) Signed by Judge Hewitt.

10-803C • DERRICK DEVON GRIFFIN V. THE UNITED STATES

Filed 12/01/2010
Sua Sponte Dismissal Pursuant to RCFC 12(h)(3) for Lack of Subject Matter Jurisdiction Signed by Judge Hewitt.

04-99C • KANSAS GAS & ELECTRIC CO., KANSAS CITY POWER & LIGHT CO., AND KANSAS ELECTRIC POWER COOPERATIVE, INC. V. THE UNITED STATES

Filed 11/30/2010
Contracts; breach of contract; spent nuclear fuel; claim for damages in mitigation of the breach and damages for overhead allocable to capital improvements necessitated by the breach. Signed by Judge Miller, C..

09-798C • LAWNDALE RESTORATION LIMITED PARTNERSHIP, BY AND THROUGH ITS GENERAL PARTNER, BOULEVARD REALTY SERVICES CORPORATION V. THE UNITED STATES

Filed 11/23/2010
Breach of Contract; Default, 24 C.F.R. §§ 207.255(a)(1), 207.255(c); Failure to State a Claim, RCFC 12(b)(6); Illinois Housing Development Act, 20 Ill. Comp. Stat. Ann. 3805/1 – 3805/34; Jurisdiction, 28 U.S.C. § 1491; Limited Partnership, 805 Ill. Comp. Stat. Ann. 215/803(a), (b)(1); Motion to Dismiss, RCFC 12(b)(1), (b)(6); Multifamily Assisted Housing Reform and Affordability Act of 1997, 42 U.S.C. § 1437f note; Multifamily Mortgage Foreclosure Act of 1981, 12 U.S.C. §§ 3701-3717; National Housing Act, 12 U.S.C. §§ 1701-1750jj; Promissory Estoppel; RCFC 12(d) (matters outside pleadings); Statute of Limitations, 28 U.S.C. § 2501; Summary Judgment, RCFC 56; Takings Clause of the United States Constitution, UNITED STATES CONSTITUTION amend. V. Signed by Judge Braden.

10-380C • CHARLES ALLEN TREECE V. THE UNITED STATES

Filed 11/23/2010
Motion to Dismiss under RCFC 12(b)(1); No Jurisdiction over Claims for Social Security Benefits Signed by Judge Hewitt.

10-454C • PHILLIP B. PROCTOR V. THE UNITED STATES

Filed 11/23/2010
Federal Employees’ Compensation Act; Claim for Interest on Retroactive Compensation; Due Process Clause of Fifth Amendment; Subject Matter Jurisdiction; Failure to State a Claim upon Which Relief Can Be Granted. Signed by Judge Wheeler.

REDACTED • JOHN DOE V. THE UNITED STATES

Filed 11/22/2010
Takings; inverse condemnation claim; military takings claim; breach of contract; motion to dismiss pursuant to RCFC 12(b)(1), (6); Tucker Act, 28 U.S.C. §1491(a)(1) (2006); jurisdiction; justiciability; enemy property doctrine; military necessity doctrine involving Operation Iraqi Freedom; standing; substantial connections to the United States by Iraqi nonresident alien for takings claim of extraterritorial property; claim for inverse condemnation; Totten bar (Totten v. United States, 92 U.S. 105 (1875)); elements of express contract and implied-in-fact contract. Signed by Judge Miller, C..

10-480C • BILFINGER BERGER AG SEDE SECONDARIA ITALIANA V. THE UNITED STATES AND COOPERATIVA MURATORI RIUNITI

Filed 11/19/2010
Post-Award Bid Protest; 28 U.S.C. § 1491(b); Motion to Dismiss; RCFC 12(b)(1); RCFC 12(b)(6); Unreasonable Delay; Laches; Standing; A & D Fire Protection, Inc.; Dismas Charities, Inc.; Implied-in-Fact Contract; Resource Conservation Group, LLC; Preliminary Injunction; Likelihood of Success on the Merits; Irreparable Harm; Balance of Harms; Public Interest Signed by Judge Sweeney.

10-189C • STEVEN G. HAYES V. THE UNITED STATES

Filed 11/18/2010
ABCMR; Promotion; Promotion Consideration; Date of Rank; 10 U.S.C. § 12205; Civilian Education Requirement; Waiver for OCS Graduates; Chevron Deference Signed by Judge Damich.

08-286C • D'ANDREA BROTHERS LLC. V. THE UNITED STATES

Filed 11/18/2010
Motion to Dismiss, RCFC 12(b)(1); Motion for Summary Judgment,RCFC 56; Federal Technology Transfer Act, 15 U.S.C. § 3710a; Cooperative Research and Development Agreement; Jurisdiction over Related Tort Claim; Covenant of Good Faith and Fair Dealing; Trademark License; Military Food Acquisition Signed by Judge Firestone.

10-148C • MOBILE MEDICAL INTERNATIONAL CORPORATION V. UNITED STATES

Filed 11/16/2010
Post-Award Bid Protest; Injunctive Relief; GSA Federal Supply Schedule; Procurement Integrity Act, 41 U.S.C § 423; Task Order Award Protest; Trade Secrets Act, 18 U.S.C. § 1905 Signed by Judge Horn.

10-662C • MICHAEL A. HERNANDEZ V. UNITED STATES

Filed 11/15/2010
Pro Se Plaintiff; Lack of Subject Matter Jurisdiction; Failure to State a Claim; Reversal of Criminal Conviction; Tort Claim Signed by Judge Horn.

07-0006T • PRINCIPAL LIFE INSURANCE COMPANY AND SUBSIDIARIES V. THE UNTED STATES

Filed 11/12/2010
Tax refund suit; Cross-motions for partial summary judgment; Relationship between tax liability, assessments, and overpayments; Timeliness of assessment; 26 U.S.C. § 6204; Relationship between 26 U.S.C. §§ 6213(b)(4) and 6503(a); Conversion of deposit into payment; Rosenman and progeny; Rev. Procs. 84-58 and 2005-18; Deposits versus payments under the decisional law; Assessment timely; Even if untimely, no overpayment under 26 U.S.C. § 6401(a). Signed by Judge Allegra.

10-66C • ALLIED HOME MORTGAGE CAPITAL CORPORATION V. UNITED STATES

Filed 11/11/2010
Motion to Dismiss; Lack of Subject Matter Jurisdiction; Federal Crop Insurance Reform and Department of Agriculture Reorganization Act of 1994, 7 U.S.C. § 6901, et seq.; United States Department of Agriculture National Appeals Division; Breach of Contract; Quantum Meruit Signed by Judge Horn.

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