USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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09-750C • INFINITI INFORMATION SOLUTIONS, LLC, v. UNITED STATES,

Filed 07/29/2010
Post-award bid protest; judgment previously entered in the form of a declaration setting aside the protested contractual award; motion by the government for relief from judgment; RCFC 60(b)(6) Signed by Judge Lettow.

09-883C • DIVERSIFIED MAINTENANCE SYSTEMS, INC., v. THE UNITED STATES, and RAASS BROTHERS, INC., Intervenor

Filed 07/28/2010
Post-award Bid Protest; Small Business HUBZone Set-aside; Discovery; Depositions;Subpoenas; Supplementation of the Administrative Record Signed by Judge Williams.

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

Filed 07/28/2010
Testimony via videoconferencing; RCFC 43(a); appropriate safeguards Signed by Judge Lettow.

09-370 C • NATHANIEL WAYNE GAY, v. THE UNITED STATES,

Filed 07/27/2010
Military pay case; Motion to dismiss for lack of jurisdiction – RCFC 12(b)(1); “Wellpled” complaint – no necessity that complaint specify money-mandating statutes upon which Tucker Act jurisdiction is based; RCFC 8(a)(1) – notice pleading statute; Disability claim; 10 U.S.C. § 1201; Lack of jurisdiction over disability claim – Chambers; Disability claim dismissed,without prejudice Signed by Judge Allegra.

09-704C • DALE A. GILBRETH, v. THE UNITED STATES,

Filed 07/27/2010
Military Pay; Disability Retirement; Board for Correction of Military Records; 28 U.S.C. § 2501; Accrual of Claim Signed by Judge Bruggink.

09-81L • WILLIAM C. WEBSTER, ET AL., v. THE UNITED STATES,

Filed 07/26/2010
Motion for Reconsideration or Relief Denied; No Change in Controlling Law, No Availability of Previously Unavailable Evidence, and No Manifest Error of Law or Mistake in Fact Signed by Judge Hewitt.

08-326T • RILEY A. PENDERGRAFT, JOYCE E. PENDERGRAFT v. THE UNITED STATES

Filed 07/22/2010
Motion For Summary Judgment, RCFC 56(c); Tucker Act, 28 U.S.C. § 1491(a)(1); 26 C.F.R. § 1.6001-1(a); 26 U.S.C. §§ 61(a), 162(a), 212(1), 6001, 6402, 6511(a), 6532(a), 7422(a). Signed by Judge Braden.

10-460C • AZAEL DYTHIAN PERALES v. UNITED STATES

Filed 07/20/2010
Petition for Writ of Habeas Corpus; Lack of Subject Matter Jurisdiction; Pro Se Plaintiff; 28 U.S.C. § 1915. Signed by Judge Horn.

10-26C • KENNETH BOWLING, v. THE UNITED STATES,

Filed 07/20/2010
Motion for Reconsideration Denied; No Change in Controlling Law, No Availability of Previously Unavailable Evidence, and No Manifest Error of Law or Mistake of Fact in Court’s Opinion of June 7, 2010 Signed by Judge Hewitt.

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.

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