USCFC General Jurisdiction-Reported

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10-743C • GOOGLE, INC. AND ONIX NETWORKING CORPORATION V. THE UNITED STATES AND SOFTCHOICE CORPORATION

Filed 01/04/2011
Administrative Procedure Act, 5 U.S.C. § 706(2)(A); Administrative Record; Bid Protest; Competition in Contracting Act, 41 U.S.C. § 253(a); Federal Acquisition Regulations 6.302-1(a), 6.303-1, 6.303-2, 6.304; Intervenor Standing, RCFC 24(a)(2); Judgment on the Administrative Record, RCFC 52.1(c); Plaintiff Standing; Preliminary Injunction, RCFC 65(a); Tucker Act, 28 U.S.C. § 1491(b)(4). Signed by Judge Braden.

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

Filed 01/04/2011
Pro Se; No Basis to Alter or Amend Judgment Pursuant to Rules 59(a) and 60(b) Signed by Judge Hewitt.

09-142T • DAVID W. ROBINSON V. THE UNITED STATES

Filed 01/04/2011
Tax; Refund Suit; 26 U.S.C. § 7422 (2006); Allegation that an Implied Contract between a Third-Party Taxpayer and the Government Obliges the Return of Funds Obtained under Duress. Signed by Judge Bush.

99-550 L into which has been consolidated No. 00-169 L • THE OSAGE TRIBE OF INDIANS OF OKLAHOMA, v. THE UNITED STATES OF AMERICA,

Filed 12/29/2010
Indian Trust Claim; Application of Confederated Tribes of the Warm Springs Reservation v. United States to Claims for Damages for Breach of Trust Obligations Signed by Judge Hewitt.

10-479C • BANNUM, INC., v. THE UNITED STATES, and DISMAS CHARITIES, INC., Defendant-Intervenor

Filed 12/28/2010
Administrative Dispute Resolution Act of 1996, Pub. L. No. 104-320 § 12; 110 Stat. 3870, 3874; Administrative Procedure Act, 5 U.S.C. § 706(2)(A); Administrative Record; Bid Protest Jurisdiction, 28 U.S.C. § 1491(b)(1); Federal Acquisition Regulations, 48 C.F.R. §§ 12.602(a), 15.209(a)(2), 15.206(d), 15.305(a), 42.1503(b), 52.215-1(c)(9); 10 U.S.C. § 2305(b)(1)Intervenor Standing, RCFC 24(a)(2); Judgment on the Administrative Record; RCFC 52.1(c); Post Award Bid Protest; Standing, 28 U.S.C. § 1491(b)(1); Savannah Ga. Zoning Regulations §§ 8-3002, 8-3025(b)(10n)(a-e) Signed by Judge Braden.

09-538C • CHRISTOPHER MEYERS, KATHERINE MEYERS, SARA MEYERS STARWALT, and TARA MEYERS CASLEBERRY, dba MEYERS RANCHES, v. THE UNITED STATES,

Filed 12/23/2010
Motion to Dismiss for Lack of Subject Matter Jurisdiction, RCFC 12(b)(1); Motion to Dismiss for Failure to State a Claim, RCFC 12(b)(6); Tucker Act, 28 U.S.C. § 1491(a)(1) (2006); Money-Mandating Source of Law; Conservation Security Program, 16 U.S.C. §§ 3838-3838c (2006); Fifth Amendment Takings Claim Signed by Judge Bush.

08-464C • MARIA SANDRA FERNANDEZ DE IGLESIAS V. THE UNITED STATES

Filed 12/22/2010
Breach of Express Contract; Contract Disputes Act, 41 U.S.C. §§ 601–613; Summary Judgment, RCFC 56(c); Foreign Law, RCFC 44.1; Interest on a Judgment, 28 U.S.C. § 2516(a); Attorney’s Fees; Equal Access to Justice Act, 28 U.S.C. § 2412; Motion to Amend Complaint, RCFC 15(a). Signed by Judge Futey.

01-568L • SHELDON PETERS WOLFCHILD, ET AL. V. UNITED STATES

Filed 12/21/2010
Indian monetary claims based upon the Sioux Treaties of August 5, 1851 and June 19, 1858, the Acts of February 16, 1863, and March 3, 1863, and the Appropriation Acts for the Department of the Interior in 1888, 1889, and 1890; subject matter jurisdiction based upon the Indian Tucker Act, 28 U.S.C. § 1505; amendment of complaints of plaintiffs and intervening plaintiffs; RCFC 15(a); applicability of Indian Trust Accounting Statute to toll statute of limitations; partial summary judgment Signed by Judge Lettow.

10-256C • VALLEY REALTY COMPANY V. UNITED STATES

Filed 12/20/2010
Cross-Motions for Summary Judgment; Breach of Contract; Ambiguity; Contra Proferentem Signed by Judge Horn.

10-366C • DAVID TOON V. THE UNITED STATES

Filed 12/20/2010
Pro Se Complaint; Application to Proceed In Forma Pauperis; 28 U.S.C. § 1915; Motion to Dismiss; RCFC 12(b)(6); Motion for Preliminary Injunction; RCFC 9(k); Military Retirement Pay; 10 U.S.C. § 1174; Special Separation Benefit; 10 U.S.C. § 1174a; Judgment Upon the Administrative Record; RCFC 52.1 Signed by Judge Sweeney.

98-314L • CENTRAL PINES LAND COMPANY, ET AL. V. THE UNITED STATES

Filed 12/20/2010
Mineral Servitude; Temporary Physical Taking; Fair Rental Value as Just Compensation; Permanent Physical Taking; Statute of Limitations Signed by Judge Firestone.

98-314L • CENTRAL PINES LAND COMPANY, ET AL. V. THE UNITED STATES

Filed 12/20/2010
Mineral Servitude; Temporary Physical Taking; Fair Rental Value as Just Compensation; Permanent Physical Taking; Statute of Limitations Signed by Judge Firestone.

98-314L • CENTRAL PINES LAND COMPANY, ET AL. V. THE UNITED STATES

Filed 12/20/2010
Mineral Servitude; Temporary Physical Taking; Fair Rental Value as Just Compensation; Permanent Physical Taking; Statute of Limitations Signed by Judge Firestone.

07-273L, 07-426L, 08-198L, 10-187L, 10-200L • STEPHEN J. ROGERS, ET AL. V. THE UNITED STATES

Filed 12/20/2010
Fifth Amendment Taking; Motion for Judgment on the Pleadings; Rule 12(c); Standing; Jurisdiction; Rule 12(b)(1); Distinction Between Motion for Judgment on the Pleadings and Motion to Dismiss for Lack of Jurisdiction. Signed by Judge Williams.

04-1733C • 120 DELAWARE AVENUE, LLC. V. THE UNITED STATES

Filed 12/20/2010
Motion to Dismiss; Subject Matter Jurisdiction; Failure to State a Claim; RCFC 12(b)(1); RCFC 12(b)(6); Fifth Amendment Taking; Inverse Condemnation; Physical Taking; Regulatory Taking; Temporary Taking; Partial Taking; Distinction between Taking and Tort; Sufficiency of Pleadings; Just Compensation; Fair Rental Value. Signed by Judge Williams.

10-682C • ACROW CORPORATION OF AMERICA V. THE UNITED STATES AND MABEY BRIDGE & SHORE, INC.

Filed 12/17/2010
Post-award bid protest, 28 U.S.C. § 1491(b)(1) (2006); supplementation of administrative record with documents that protester contends contracting officer should have considered in making responsibility determination; inclusion of Government Accountability Office decision and record before the GAO in the administrative record, 31 U.S.C. § 3556 (2006); RCFC App. C ¶¶ VII. 22(u), 23. Signed by Judge Miller, C..

10-532C • RUDOLPH RESENDEZ JR. V. UNITED STATES

Filed 12/17/2010
Relevance of the Prison Litigation Reform Act to a state prisoner’s request to file a complaint in forma pauperis; 28 U.S.C. § 1915; inapplicability of the three-strike rule; 28 U.S.C. § 1915(g); absence of a certified trust fund account statement; 28 U.S.C. § 1915(a)(2); frivolous claims Signed by Judge Lettow.

10-152L • NATIONAL FOOD & BEVERAGE CO., INC. V. UNITED STATES

Filed 12/16/2010
Takings claim arising from government’s removal of clay From plaintiff’s property to repair levees damaged by Hurricane Katrina; motion to dismiss; RCFC 12(b)(6); motion to stay Signed by Judge Lettow.

07-579C • BLR GROUP OF AMERICA, INC. V. THE UNITED STATES

Filed 12/16/2010
Motion for Reconsideration; Jurisdiction; Contract Disputes Act of 1978, 41 U.S.C. §§ 601-613; Performance Evaluation; Definition of Claim; Intent to Assert a Claim; Facts Surrounding Purported Assertion of a Claim; Reflectone; Transamerica Insurance Corp. Signed by Judge Sweeney.

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