USCFC General Jurisdiction-Reported

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07-601C • DANIEL L. DUMONDE, v. THE UNITED STATES,

Filed 07/08/2009
Motion to Dismiss; RCFC 12(b)(1); RCFC12(b)(6); Pro se Plaintiff Signed by Judge Smith.

03-2470C • ANTHONY J. BROOKS, v. THE UNITED STATES,

Filed 07/06/2009
Judgment on the administrative record, RCFC 52.1; Board for Correction of PHS Commissioned Corps Records; substantial evidence; discretionary decision; derailment of promotion; harmless error rule;appointment revoked before effective date Signed by Judge Wolski.

06-295C • LAKELAND PARTNERS, L.L.C. d/b/a LAKELAND NURSING HOME, v. THE UNITED STATES,

Filed 07/02/2009
Motion for Protective Order; RCFC 26(c); Good Faith Conferment; Good Cause; Requests for Admission; RCFC 36; Interrogatories; RCFC 33; Leave to Serve Additional Interrogatories Signed by Judge Sweeney.

07-272C • MARK G. ABBEY, ET AL., v. THE UNITED STATES,

Filed 07/02/2009
Unauthorized Communications With Represented Persons About the Subject of Lawsuit Are Not in Compliance With ABA Model Rules of Professional Conduct 4.2 and 8.4(a); Assuring Future Compliance Signed by Judge Hewitt.

07-886C • WILLIAM J. SALERA, v. THE UNITED STATES,

Filed 07/02/2009
Dismissal for Failure to Show Cause; Home-to-Work Driving Under FLSA; Facts Indistinguishable from Facts in Adams II; No Change in Applicable Substantive Law Since Adams II; Rule 54(c) Signed by Judge Hewitt.

08-290C • SUSAN C. ZENNAN, v. THE UNITED STATES,

Filed 07/02/2009
Dismissal for Failure to Show Cause; Home-to-Work Driving Under FLSA; Facts Indistinguishable from Facts in Adams II; No Change in Applicable Substantive Law Since Adams II; Rule 54(c) Signed by Judge Hewitt.

05-381L • ARKANSAS GAME AND FISH COMMISSION, v. UNITED STATES,

Filed 07/01/2009
Post-trial decision on physical takings claim; superinduced additions of water to the Black River in Arkansas attributable to deviations by the Corps of Engineers from the operating plan for the Clearwater Dam in Missouri; periodic inundation of Dave Donaldson Black River Wildlife Management Area; loss of oak timber; just compensation Signed by Judge Lettow.

03-2526T • THE HENRY E. AND NANCY HORTON BARTELS TRUST FOR THE BENEFIT OF CORNELL UNIVERSITY, by KENNETH G. BARTELS, JOHN B. LOEHMANN, PHILIP H. BARTELS, INGE T. REICHENBACH, and JOHN F. MURPHY, Trustees, v. THE UNITED STATES OF AMERICA,

Filed 07/01/2009
Collateral Estoppel; Virtual Representation; Unrelated Business Income Tax; 26 U.S.C. § § 511-14; Summary Judgment; Tax Refund Signed by Judge Block.

08-791C • UNITED SURETY & INDEMNITY COMPANY, v. THE UNITED STATES, and SELPA CONSTRUCTION & RENTAL EQUIPMENT, Third-Party Defendant

Filed 06/30/2009
Doctrine of Equitable Subrogation; Miller Act, 40 U.S.C. § 3131(a)-(b); Motion to Dismiss, RCFC 12(b)(6); Performance and Payment Bonds Signed by Judge Braden.

08-883C • DIANNE B. HUFFORD, v. THE UNITED STATES,

Filed 06/29/2009
Motion to Dismiss; Pro Se Complaint Alleging Violations of Various Statutes and Claims of Fraud, Negligence and Conversion; Relief Not Available Under 11 U.S.C § § 523 and 548, 15 U.S.C. § § 1-7,42 U.S.C. § 1983, 18 U.S.C. § § 1951 and 1961-62, 42 U.S.C. § 6928, 33 U.S.C. § 1319, 17 C.F.R. § 240.10b, 40 C.F.R. § § 1502 and 1508, or First, Fifth and Fourteenth Amendments to the U.S. Constitution Signed by Judge Hewitt.

05-214C • MICHAEL R. PEOPLES, v. THE UNITED STATES,

Filed 06/29/2009
RCFC 12(b)(1); RCFC 52.1; Correction of Military Records; 28 U.S.C. § 1552; Back Pay; 37 U.S.C. § 204; Mandatory Separation; 10 U.S.C. § 632; Medical Evaluation Board; Physical Evaluation Board; Substantial Evidence; Inadequate Correction Board Decision; Remand to Correction Board; 28 U.S.C. § 1491 Signed by Judge Sweeney.

07-291C • IMS ENGINEERS-ARCHITECTS, P.C., v. THE UNITED STATES,

Filed 06/26/2009
Contracts; summary judgment;Indefinite Delivery, Indefinite Quantity contract; breach of contract; breach of duty of good faith and fair dealing Signed by Judge Miller, C..

08-473C • ASHBRITT, INC., v. UNITED STATES OF AMERICA, and CERES ENVIRONMENTAL SERVICES, INC. and ENVIRONMENTAL CHEMICAL CORPORATION, Intervenors

Filed 06/25/2009
Post-Award Bid Protest; Motion for Judgment on the Administrative Record; Motion for Summary Judgment; RCFC 52.1, Supplementation of the Administrative Record; Unequal,Misleading Discussions; Evaluation Consistent with Solicitation; Price Evaluation; Prejudice; Permanent Injunctive Relief; Bid and Proposal Preparation Costs Signed by Judge Williams.

08-603C • SITCO GENERAL TRADING AND CONTRACTING CO., W.W.L., a Kuwait Corporation, v. UNITED STATES OF AMERICA,

Filed 06/22/2009
Motion to Dismiss; RCFC 12(b)(1); Contract Disputes Act's Requirement of Written and Certified Claim to the Contracting Officer; 41 U.S.C. § 605(a) Signed by Judge Hodges.

09-302C • ACADEMY FACILITIES MANAGEMENT, v. UNITED STATES, v. IAP WORLD SERVICES, INC., Defendant-Intervenor

Filed 06/17/2009
Post-Award Bid Protest; Injunctive Relief; Unequal and Misleading Discussions; Unbalanced Pricing;Price Realism; Unequal Technical Evaluation; Unstated Evaluation Criteria; Supplementation of the Administrative Record Signed by Judge Horn.

05-1223T • CLEARMEADOW INVESTMENTS, LLC, and CLEARMEADOW CAPITAL CORP., Tax Matters Partner, v. THE UNITED STATES

Filed 06/17/2009
TEFRA partnership proceeding; Crossmotions for summary judgment; Son of BOSS transaction; Jurisdiction; 26 U.S.C. § 6664 - no jurisdiction to review partner-level defense to accuracy penalty; Treas. Reg. § 1.762-6; 26 U.S.C. § 358(h)2)(A)-"trade or business;" Economic substance; Impact of concession; 26 U.S.C. § 6662(b)3) - gross valuation misstatement penalty; Penalty imposed even where portions of transactions disallowed under economic substance doctrine Signed by Judge Allegra.

09-366C • GEAR WIZZARD, INC., v. THE UNITED STATES,

Filed 06/16/2009
Post-award bid protest; 28 U.S.C. § 1491(b)(2006); motion for preliminary injunction; substantial likelihood of success Signed by Judge Miller, C..

09-104C • TOTOLO/KING, a Joint Venture, v. THE UNITED STATES,

Filed 06/15/2009
Pre-award bid protest; 28 U.S.C. § 1491(b)(1) (2006); RCFC 52.1, judgment on the administrative record; Department of Veteran Affairs Veteran's First Contracting Program, 38 U.S.C. § § 8127, 8128 (2006); reasonableness of agency decision to issue solicitation as full and open competition/unrestricted,48 C.F.R. (FAR) § § 19.202-2,19.502-2 (2006); supplementation of administrative record Signed by Judge Miller, C..

08-499C • MARIO MENDOZA, et al., v. UNITED STATES,

Filed 06/12/2009
Jurisdiction over plaintiffs' claims for back pay and benefits attendant to federal employment; Tucker Act, 28 U.S.C. § 1491; Back Pay Act,5 U.S.C. § 5596; status of persons working for the Mexican-United States Commission for the Eradication of Screwworms; remand to the Office of Personnel Management Signed by Judge Lettow.

08-647C • PHU MANG PHANG, v. THE UNITED STATES,

Filed 06/12/2009
Motion to Dismiss; Pro Se Complaint Alleging Claims of Fraud, Fraud in the Inducement,and Breach of Plea Bargain Contract; Relief Not Available Under 28 U.S.C § §1491, 2465 and 1495 Signed by Judge Hewitt.

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