USCFC General Jurisdiction-Reported

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10-357C • LATONYA CHIREE MOORE v. UNITED STATES

Filed 07/16/2010
In Forma Pauperis Application; 28 U.S.C. § 1915. Signed by Judge Horn.

09-620C • MARTIN H. JOHNSON, v. THE UNITED STATES,

Filed 07/16/2010
Claims by Navy Veteran for Correction of Military Records; Review of Action by the Board of Correction of Naval Records; Insufficient Explanation of Board Decision; Remand Signed by Judge Wheeler.

10-195C • TURNER CONSTRUCTION CO., INC., v. UNITED STATES, and MCCARTHY/HUNT, JV, Intervenor, and B.L. HARBERT-BRASFIELD & GORRIE, JV, Intervenor

Filed 07/16/2010
Bid Protest; RCFC 52.1; Motion for Judgment on the Administrative Record; Organizational Conflict of Interest; Federal Acquisition Regulations; FAR Subpart 9.5; GAO Recommendation; Permanent Injunction Signed by Judge Futey.

09-301C • MARYLAND ENTERPRISE, L.L.C. v. THE UNITED STATES

Filed 07/14/2010
Contract Disputes Act, 41 U.S.C. § 605; Declaratory Judgment Act, 28 U.S.C. § 2201; Motion for Reconsideration, RCFC 59(a)(1)(B); RCFC 12(b)(1), 12(b)(6); RCFC 60(b)(1), 60 (b)(6); Tucker Act, 28 U.S.C. § 1491(a)(2). Signed by Judge Braden.

09-667C • COASTAL INTERNATIONAL SECURITY, INC., v. THE UNITED STATES, and WACKENHUT SERVICES, INC., Defendant-Intervenor

Filed 07/14/2010
Administrative Procedures Act,5 U.S.C. § 706; Tucker Act, 28 U.S.C. § 1491(b)(1), as amended by the Administrative Dispute Resolution Act of 1996, Pub. L. No. 104-320; Intervenor, RCFC 24(a); Judgment on the Administrative Record, RCFC 52.1; 41 U.S.C. § 253b(d)(3); Federal Acquisition Regulations, 2.101 (Performance Based Acquisition); 15.3 (Source Selection); 15.306(d)(3) (Exchanges); 15.4 (Contract Pricing); 16.5 (Indefinite Delivery Contracts); 37.102 (Service Contracts); Independent Government Estimate; National Aeronautics and Space Administration, Federal Acquisition Regulation Supplement 15.101, 15.303, 15.305, 1815.370(h)(2), Post-Award Bid Protest; Prejudice; Standing Signed by Judge Braden.

10-106C, 10-127C consolidated • MAGNUM OPUS TECHNOLOGIES, INC. and THE HEALING STAFF, INC., v. THE UNITED STATES, and LUKE & ASSOCIATES, INC. and TERRAHEALTH, INC., Defendant-Intervenors

Filed 07/14/2010
Bid protest; tailored injunctive relief; motion to alter or amend judgment; Rules 59(a) and 59(e)of the Rules of the Court of Federal Claims; balancing economic harm to plaintiffs from inability to compete and potential interruption of medical care for active duty military personnel, veterans, and families of veterans Signed by Judge Miller, G..

10-73L • VERLENE L. PARKER v. UNITED STATES

Filed 07/13/2010
Pro se Plaintiff; Motion for Reconsideration of Judgment; Request for an Oral Hearing. Signed by Judge Horn.

09-506C • RICHARD J. REILLY, v. THE UNITED STATES,

Filed 07/09/2010
Military pay case; Motion to dismiss for lack of jurisdiction or, alternatively, for failure to state a claim – RCFC 12(b)(1) and 12(b)(6); Tucker Act – 28 U.S.C. §1491; Money-mandating statute; 37 U.S.C. § 204 inapplicable; 37 U.S.C. § 206 – reservist not entitled to pay for constructive service or for rank to which he was not appointed; Absent monetary judgment, no jurisdiction to provide ancillary equitable relief under 28 U.S.C. § 1491(a)(2); 28 U.S.C. § 1631; Transfer of nonmonetary claims to district court ordered; Interests of justice Signed by Judge Allegra.

03-2622C and 04-33C • CONSOLIDATED EDISON COMPANY OF NEW YORK, INC. and ENTERGY NUCLEAR INDIAN POINT 2, LLC v. THE UNITED STATES

Filed 07/09/2010
Spent Nuclear Fuel Case; Motion for Reconsideration; Private Fuel Storage Costs Signed by Judge Wheeler.

03-2622C and 04-33C • CONSOLIDATED EDISON COMPANY OF NEW YORK, INC. and ENTERGY NUCLEAR INDIAN POINT 2, LLC v. THE UNITED STATES

Filed 07/09/2010
Spent Nuclear Fuel Case; Motion for Reconsideration; Private Fuel Storage Costs Signed by Judge Wheeler.

09-888C • DAVID ALBINO v. THE UNITED STATES

Filed 07/08/2010
Motion to Supplement the Administrative Record; Axiom Res. Mgmt., Inc.; Administrative Procedure Act, 5 U.S.C. §§ 701-706; Walls; Metz; Amended Complaint; RCFC 15; Motion to Strike; Amendment of Pleadings as a Matter of Course; Motion for Protective Order; Presumption of Public Access to Judicial Records; Privacy Rights; Baystate Defendant. * Techs., Inc.; Nixon; 28 U.S.C. § 1491(a)(2); Remand to ABCMR; RCFC 52.2 Signed by Judge Sweeney.

07-849C • GRAND ACADIAN, INC., v. THE UNITED STATES,

Filed 07/06/2010
Motion for Reconsideration Denied; No Fraud, Wrong or Injustice to the United States as a Result of the Court’s Opinion of May 29, 2009; Case Is Not Ripe for Summary Judgment Owing to Existence of Disputed Facts Signed by Judge Hewitt.

10-120C • ALLIED TECHNOLOGY GROUP, INC., v. UNITED STATES, and MONSTER GOVERNMENT SOLUTIONS, LLC, Defendant-Intervenor

Filed 07/02/2010
Post-award Bid Protest; Standing; Agency Errors in Evaluation Process; Effect of Large Price Difference and Exceptions to RFQ; Lack of Prejudice Where Agency Would Have Selected Same Awardee Absent Errors Signed by Judge Wheeler.

05-708C • SCOTT TIMBER, INC., v. UNITED STATES,

Filed 07/01/2010
In limine motions to preclude testimony of fact witnesses and expert testimony of a witness; supplementation of discovery responses; applicability of Appendix A, ¶ 13(b), of the court’s rules; belated notice of proposed expert testimony under RCFC 26(a)(2)(C)(i); absence of prejudice or harm Signed by Judge Lettow.

08-69C • AVOCENT REDMOND CORP., a Washington corporation, v. THE UNITED STATES, and ROSE ELECTRONICS, Defendant-Intervenor

Filed 06/30/2010
Patents; laches; delay in bringing suit; material prejudice Signed by Judge Margolis.

02-25L • JICARILLA APACHE NATION, formerly JICARILLA APACHE TRIBE, v. THE UNITED STATES,

Filed 06/30/2010
Implementation of clawback agreement under RCFC 26(c) and Fed. R. Evid. 502(d); Modification of Confidentiality Agreement and Protective Order Signed by Judge Allegra.

06-167L and consolidated cases • OTAY MESA PROPERTY L.P. et al., v. THE UNITED STATES,

Filed 06/30/2010
Just Compensation for Fifth Amendment Taking; Non-Exclusive, Temporary Easement for Border Patrol’s Placement of Seismic Sensors on Plaintiffs’ Property; Fair Market Value Method; Compound Interest Signed by Judge Wheeler.

09-189C • KRZYSZTOF G. SOBCZAK, v. UNITED STATES,

Filed 06/30/2010
Military Pay Case; 37 U.S.C. § 204(a)(1); Decision to Discharge; Pro Se Signed by Judge Bruggink.

09-712C • DARRYL W. RISER, v. UNITED STATES,

Filed 06/29/2010
Claims by discharged Army Reserve officer for back pay and correction of military records; review of action by the Army Board for Correction of Military Records; omission of relevant materials required by Army Regulation to have been in the administrative record before the Army Board; inappropriateness of supplementing the administrative record for proceedings in this court; remand Signed by Judge Lettow.

09-875C • LOUIS J. DE MAIO, v. THE UNITED STATES,

Filed 06/28/2010
Pro se Plaintiff; Reinstatement of Federal Employee Health Benefits; RCFC 12(b)(1); Motion to Dismiss; Civil Service Reform Act; Lack of Subject Matter Jurisdiction Signed by Judge Wheeler.

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