USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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17-179 • BEBERMAN v. USA

Filed 04/04/2017
REPORTED OPINION: Ms. Beberman's complaint is DISMISSED sua sponte for lack of jurisdiction. The Clerk is directed to enter judgment. Signed by Judge Patricia E. Campbell-Smith. (ew) Copy to parties. Tracking #7014 1200 0000 9093 6965. The Clerk's Office is directed to return any future filings not in compliance with this court's rules to plaintiff, unfiled, without further order.

Keywords: re: Pro Se; Equal Pay Act; 29 U.S.C. 206(d) (2012); Lack of SubjectMatter Jurisdiction; 28 U.S.C. 1500 (2012); RCFC 12(h)(3).

16-1559 • RIVADA MERCURY, LLC v. USA

Filed 03/31/2017
REPORTED OPINION; **REISSUED** REDACTED OPINION and ORDER denying Motion for Judgment on the Administrative Record; granting [55] Cross-Motion for Judgment on the Administrative Record; granting [56] Cross-Motion for Judgment on the Administrative Record. Signed by Judge Elaine D. Kaplan.

Keywords: re: Reported Opinion; Pre-Award Bid Protest; Competitive Range Determination; FAR 15.306; Discussions; Unstated Evaluation Criteria; Unequal Evaluation.

14-783 • SHAW et al v. USA

Filed 03/31/2017
REPORTED OPINION AND ORDER denying Plaintiffs' Motion for Partial Summary Judgment; granting [18] Defendant's Cross Motion for Partial Summary Judgment. The Clerk is directed to enter judgment. Signed by Judge Margaret M. Sweeney.

Keywords: re: Opinion and Order on Plaintiffs' Motion for Partial Summary Judgment and Defendant's Motion for Partial Summary Judgment [Dispositive], Reported Opinion - RCFC 56; Summary Judgment; Federal Tort Claims Act, 28 U.S.C. § 1346; Breach of Contract; Latent Ambiguity; Contra Proferentem.

16-554 • CHRISTIAN v. USA

Filed 03/31/2017
REPORTED OPINION The Clerk is directed to enter judgment. Signed by Chief Judge Susan G. Braden.

Keywords: re: Breach of Contract; Dual Compensation Act, 5 U.S.C §§ 5533, 5535, 5536; Federal Travel Regulation (FTR), 41 C.F.R. §§ 300-3.1, 301-11.1, 301-11.3, 301-11.603, 301-11.604, 301-11.605, 301-12.1, 301-52.17, 301-52.19, 302-17.22; IRS Publication 463 (2016) (Tax Treatment Of Travel Expenses); NASA Interim Directive For Travel (NID) 9700.2; NASA Procedural Requirements (NPR) 9700.1 §§ 301-11.1, 301-11.201, 301-11.203, 301-11.207, 301-11.226, 301-12.1; Rules Of The United States Court Of Federal Claims (RCFC) 12(b)(6) (Failure To State Claim), 15(a)(2) (Amended and Supplemental Pleadings), 56(a) (Summary Judgment).

13-600 • TIDEWATER CONTRACTORS, INC. v. USA

Filed 03/30/2017
REPORTED OPINION granting Motion for Summary Judgment. Plaintiff's complaint is dismissed with prejudice. The Clerk is directed to enter judgment. Signed by Judge Margaret M. Sweeney. (pp) Copy to parties. Modified on 4/5/2017 - minor typographical change(jt1).

Keywords re: Order on Motion for Summary Judgment, Reported Opinion -- RCFC 56; Summary Judgement; No Genuine Issue of Material Fact; Contract Interpretation; Parole Evidence; Binding Agency Directive; Course of Dealing; Common Trade Practice.

15-666 • GOVERNMENT SERVICES CORP. v. USA

Filed 03/30/2017
REPORTED OPINION denying Motion for Summary Judgment; granting in part and denying in part [41] Motion for Summary Judgment. Signed by Chief Judge Susan G. Braden.

Keywords: re: Breach Of Contract; Breach Of Covenant Of Good Faith And Fair Dealing; Breach of Implied Contract; Contract Disputes Act (41 U.S.C. § 7104); Counterclaims (28 U.S.C. § 2508); False Claims Act (31 U.S.C. § 3729); Federal Acquisition Regulation (FAR) 48 C.F.R §§ 1.104, 2.101, 12.604(c), 14.208(a), 14.301, 33.211, 52.212; Rules of The United States Court Of Federal Claims (RCFC) 6(b)(1) (Extending Time), 8 (General Rules Of Pleading), 12 (Defenses And Objections),15(a)(2),(3) (Amended Pleadings), 56(a) (Summary Judgment); Special Plea In Fraud (28 U.S.C. § 2514); Uniform Electronic Transaction Act (UETA), Idaho Code Ann. § 28-50-115.

16-1001 • SENECA SAWMILL COMPANY v. USA

Filed 03/29/2017
REPORTED OPINION denying Motion to Dismiss - Rule 12(b)(6). Signed by Judge Elaine D. Kaplan.

Keywords: re: Motion to Dismiss for Failure to State a Claim; RCFC 12(b)(6); Timber Sale Contract; Plausible Allegation of Entitlement to Relief.

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

Filed 03/29/2017
REPORTED MEMORANDUM OPINION and TEMPORARY RESTRAINING ORDER. Signed by Chief Judge Susan G. Braden. (rgh) Copy to parties. Modified on 3/30/2017 to correct docket text (dw). Modified on 3/30/2017 to edit docket text to reflect that this is an opinion and temporary restraining order.

Keywords: re: Temporary Restraining Order; RCFC 65(d).

14-596 • FLORIDA HOME MEDICAL SUPPLY, INC v. USA

Filed 03/28/2017
REPORTED OPINION denying Motion to Dismiss - Rule 12(b)(1) and (6). Signed by Judge Patricia E. Campbell-Smith.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1) and (6), Reported Order. Motion to Dismiss for Lack of Subject Matter Jurisdiction under RCFC 12(b)(1); Medicare Prescription Drug, Improvement, and Modernization Act; 42 U.S.C. § 1395w-3 (2012); Administrative Review Permissive, not Mandatory. (TQ)

16-101 • Q INTEGRATED COMPANIES, LLC v. USA

Filed 03/27/2017
REPORTED OPINION denying Motion for Relief from Judgment - Rule 60. The court's judgment, ECF No. 74, remains in effect. HUD's awards of the Asset Management contracts to Sage for Areas 7A, 1D, and 5P shall remain undisturbed for six months into the second option year, i.e., until November 30, 2017. After that date, HUD must comply with the judgment. Signed by Judge Charles F. Lettow.

Keywords: re: Order on Motion for Relief from Judgment - Rule 60, Reported Opinion: Post-award bid protest; motion for relief from judgment; RCFC 60(b); post-decisional change in circumstances; standing; application of Tinton Falls. (EK)

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

Filed 03/27/2017
REPORTED ORDER denying Motion to Strike. Signed by Judge Margaret M. Sweeney.

Keywords: re: Order on Motion to Strike, Reported Order - Contract Disputes Act of 1978; Motion to Strike; RCFC 12(f); Collateral Source Rule; Remote Transactions Rule.

17-97 • MOLINA HEALTHCARE OF CALIFORNIA, INC. et al v. USA

Filed 03/24/2017
REPORTED OPINION: The Government's Response to Plaintiffs' Motion is due by 4/28/2017. Signed by Judge Thomas C. Wheeler.

Keywords: re: Patient Protection and Affordable Care Act § 1342; Risk Corridors; Motion for Partial Summary Judgment; Request for Stay; Impact of Similar Cases Pending Appeal or Judgment; Briefing Schedule.

16-264 • PARKER v. USA

Filed 03/24/2017
REPORTED OPINION AND ORDER (Originally filed under seal January 31, 2017). Signed by Judge Margaret M. Sweeney. (ac7) Copy to parties.

15-343 • BAKER v. USA

Filed 03/22/2017
REPORTED OPINION and ORDER denying Motion for Summary Judgment; and granting [39] Cross Motion. The Clerk is directed to enter judgment. No costs. Signed by Judge Thomas C. Wheeler. (dls) Copy to parties. (Plaintiff served via certified mail; Article No. 7014 1200 0000 9093 7061)

Keywords: re: Cross-Motions for Summary Judgment; Claims for Breach of Settlement Agreement; Agency Assessment of Employee Suitability; Failure to Perform a Condition Precedent.

14-1225 • PROGRESSIVE INDUSTRIES, INC. v. USA

Filed 03/21/2017
REPORTED Public Version of OPINION issued under seal on 2/21/2017 denying Motion for Reconsideration. Signed by Judge Patricia E. Campbell-Smith.

Keywords: re: Reported Opinion. RCFC 59(e); RCFC 60(b). (TQ)

10-359 • GANN v. USA

Filed 03/21/2017
REPORTED ORDER denying Motion for Reconsideration ; (Status Report due by 4/11/2017). Signed by Senior Judge Eric G. Bruggink. (jpk1) Copy to parties.

Keywords: re: Order on Motion for Reconsideration, Reported Order: Reconsideration; 26 U.S.C. § 6672; Trust Fund Taxes; Trust Fund Tax Penalty; Willfulness; Reckless Disregard of a Known or Obvious Risk; Implied Designation.

15-764 • LANGKAMP v. USA

Filed 03/20/2017
Memorandum Opinion and Order DENYING plaintiff's motion for partial summary judgment and GRANTING [25] the government's cross-motion for summary judgment. JSR due by 4/20/2017. Signed by Judge Lydia Kay Griggsby.

Keywords: re: Memorandum Opinion and Order: Motion for Summary Judgment; RCFC 56; Breach of Contract; Annuity.

15-380 • KISELIS v. USA

Filed 03/20/2017
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1) and (6) The Clerk is directed to enter judgment. Signed by Judge Mary Ellen Coster Williams. (ac7) Copy to parties.

Keywords: Tax Refund Suit; Valid Tax Return; Valid Refund Claim; 28 U.S.C. §1346; 26 U.S.C. § 7422; 26 U.S.C. § 651l(b)(2)(A); "Look Back" Provision.

16-954 • GODFREY v. USA

Filed 03/20/2017
REPORTED MEMORANDUM OPINION granting in part and denying in part Motion to Dismiss; and denying plaintiff's [10] Motion to Amend and for Third Party Representative.. Signed by Chief Judge Susan G. Braden. (dls) Copy to parties. (Plaintiff served via certified mail; Article No. 7014 1200 0000 9093 6811)

Keywords: re: 28 U.S.C. § 1491 (Tucker Act Jurisdiction); 28 U.S.C. § 1495 (Damages for Unjust Conviction); 28 U.S.C. § 2513 (Claims Against the United States for Unjust Conviction); Breach of Settlement Agreement; Fifth Amendment to the United States Constitution; Rules of the United States Court of Federal Claims ("RCFC") 12(b)(1) (Subject Matter Jurisdiction); RCFC 12(b)(6) (Failure to State a Claim Upon Which Relief Can Be Granted); RCFC 15(a) (Amending Pleadings Before Trial).

16-257 • HINDMAN v. USA

Filed 03/20/2017
REPORTED OPINION Order of Dismissal granting Motion to Dismiss - Rule 12(b)(1) and (6) The Clerk is directed to enter judgment. Signed by Chief Judge Susan G. Braden. (pt) Copy to parties. Modified on 3/21/2017 - corrected minor typographical error (jt1).

Keywords: re: 5 U.S.C. § 5305 (Special Rates Of Pay); 5 U.S.C. § 5596 (Back Pay Act); 5 U.S.C § 5754 (Federal Workforce Flexibility Act of 2004, Retention Bonuses); 28 U.S.C. § 1491 (Tucker Act Jurisdiction); 5 C.F.R §§ 530.301-309 (Special Rates of Pay) 5 C.F.R. §§ 575.301-314 (Retention Incentives);Rules of the United States Court of Federal Claims (RCFC) 12(b)(1), 12(b)(6).

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