USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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13-834 • MARTIN et al v. USA

Filed 02/13/2017
REPORTED OPINION AND ORDER granting Motion for Partial Summary Judgment, denying [154] Motion for Summary Judgment. On or before March 17, 2017, plaintiffs shall submit a draft of their damages calculations to defendant. On or before March 31, 2017, the parties shall confer and discuss any disagreements as to the calculations. And, on or before April 7, 2017, the parties shall jointly file a statement with the court reporting the results of both the conference and the calculations.Signed by Chief Judge Patricia E. Campbell-Smith. (mp) Copy to parties. Modified on 2/14/2017 - corrected pdf (jt1).

Keywords: re: Order on Motion for Partial Summary Judgment, Motion for Summary Judgment. Cross-Motions for Summary Judgment; RCFC 56(a); Fair Labor Standards Act, 29 U.S.C. §§ 201-219 (2012); Award of Liquidated Damages for Violation of the Fair Labor Standards Act

16-560 • HARRIS v. USA

Filed 02/09/2017
REPORTED OPINION granting in part and denying in part 8 Motion to Dismiss - Rule 12(b)(6); granting 3 Motion for Leave to Proceed in forma pauperis. The Clerk is directed to dismiss the complaint and enter judgment accordingly. Signed by Senior Judge Eric G. Bruggink. [REDOCKETED FOR ADMINISTRATIVE PURPOSES ONLY]

Keywords: re: Military Pay Act, 37 U.S.C. § 204; Absent Without Leave ("AWOL"); 3 7 U.S.C. § 503; Absence Excused as Unavoidable; DOD FinancialManagement Regulation; Pretrial Confinement; Subsequent Conviction; Due Process; Jurisdiction. (ar)Keywords: re: [26] Military Pay Act, 37 U.S.C. § 204; Absent Without Leave ("AWOL"); 3 7 U.S.C. § 503; Absence Excused as Unavoidable; DOD Financial Management Regulation; Pretrial Confinement; Subsequent Conviction; Due Process; Jurisdiction.

16-649 • MODA HEALTH PLAN, INC. v. USA

Filed 02/09/2017
REPORTED OPINION denying Motion to Dismiss - Rule 12(b)(1) and (6); granting [9] Cross Motion for Partial Summary Judgment (Status Report due by 3/1/2017). Signed by Judge Thomas C. Wheeler.

Keywords: re: Patient Protection and Affordable Care Act § 1342; Risk Corridors; Presently-Due Money Damages; Ripeness; Chevron Deference; Appropriation Restriction Limiting Statutory Obligation; Judgment Fund; Implied-in-Fact Contract Created by Statute.

16-95 • MURPHY v. USA

Filed 02/08/2017
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(6). The Clerk is directed to enter judgment. Signed by Judge Susan G. Braden. (dw) Copy to parties. Plaintiff's copy forwarded via USPS Certified Mail. Tracking number: 7014 1200 0000 9093 6569. Modified on 3/20/2017 - minor typographical correction to pdf(jt1).

Keywords: re: Overseas Differentials and Allowances Act, 5 U.S.C. § § 5922, 5923(a); Department of State Standardized Regulations ("DSSR") § § 132.4, 132.11, 136; Department of Defense Instruction ("DoDI") 1400.25, Vol. 1250; Army in Europe Regulation ("AE Reg.") 690-500.592; Rules of the United States Court of Federal Claims ("RCFC") 12(b)(6) (Failure To State Claim), 41(b) (Failure To Prosecute Claim).

16-710 • SYSTEM DYNAMICS INTERNATIONAL, INC v. USA

Filed 02/07/2017
REPORTED MEMORANDUM OPINION and FINAL ORDER (Reissuance of January 31, 2017 Memorandum Opinion and Final Order for publication). Signed by Judge Susan G. Braden. (rgh) Copy to parties. Modified on 5/31/2017 to indicate that this is a re-issued decision.

Keywords: re: Reported Opinion 28 U.S.C. § 1491(b) (Bid Protest Jurisdiction);48 C.F.R. 15.305 (Proposal Evaluation);48 C.F.R. 15.306 (Determination Of Competitive Range);48 C.F.R. 15.404-1(Proposal Analysis Techniques);48 C.F.R. 33.103(d) (Procedures Governing Agency Protest);48 C.F.R. 52.222-46 (Evaluation Of Compensation For Professional Employees);Rule of the United States Court of Federal Claims (RCFC) 12(b)(1) (Motion To Dismiss For Lack Of Subject-Matter Jurisdiction).

12-303 • HITKANSUT LLC et al v. USA

Filed 02/06/2017
REPORTED OPINION AND ORDER, reflecting no redactions from the opinion and order previously entered under seal on January 27, 2017. Signed by Judge Charles F. Lettow.

Keywords: re: Post-trial decision in a patent case; 28 U.S.C. § 1498; infringement; patent-eligible subject matter; nonobviousness; enablement; reasonable and entire compensation. (MZ)

15-1266 • FOXX v. USA

Filed 02/06/2017
REPORTED OPINION denying Motion for Directed Verdict; granting [12] Cross Motion for Summary Judgment. The Clerk is directed to enter judgment. Signed by Judge Charles F. Lettow. (vds) Copy to parties. Modified on 2/6/2017 U.S. Postal Service Certified Mail Tracking: 7014 1200 0000 9093 6545

Keywords: Tax refund suit; preparer penalty; l.R.C. §6694(b)

14-1202 • RMA ENGINEERING S.A.R.L v. USA

Filed 02/03/2017
REPORTED OPINION. Signed by Judge Susan G. Braden.

Keywords: re: Rules of the United States Court of Federal Claims (RCFC) 41 (Dismissal of Actions), 83.1 (Withdrawing Counsel).

16-1549 • ECOSYSTEM INVESTMENT PARTNERS v. USA

Filed 02/03/2017
REPORTED OPINION. Signed by Senior Judge Eric G. Bruggink.

Keywords: re: Reported Order: Bid Protest; Standing; Waiver; 28 U.S.C. § 1491(b)(1); Interested Party; Prospective Bidder. (WT)

16-700 • THE ESTATE OF JASON ALLEN SMALLWOOD v. USA

Filed 02/02/2017
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1). The Clerk is directed to enter judgment. Signed by Judge Charles F. Lettow.

Keywords: re: Suit for breach of contract by estate of military serviceman wounded on active duty who later died by his own hand; motion to dismiss for lack of subject matter jurisdiction. (MZ)

10-244 • BASR PARTNERSHIP et al v. USA

Filed 01/31/2017
REPORTED MEMORANDUM OPINION and FINAL ORDER granting, in part, Motion for Attorney Fees The Clerk is directed to enter judgment. Signed by Judge Susan G. Braden. (pt) Copy to parties.REPORTED MEMORANDUM OPINION and FINAL ORDER granting, in part, [61] Motion for Attorney Fees The Clerk is directed to enter judgment. Signed by Judge Susan G. Braden.

Keywords: re: 26 U.S.C. §§ 6223 (Notice To Partners Of Proceedings), 6226 (Tax Equity And Fiscal Responsibility Act Of 1982), 7430 (Awarding Of Costs And Certain Fees), 7522 (Content Of Tax Due); 28 U.S.C. § 2412 (Equal Access To Justice Act); Treas. Reg. §§ 301.74301 (Exhaustion Of Administrative Remedies), 301.74304 (Reasonable Administrative Costs), 301.74305 (Prevailing Party); TEX. BUS. ORG. CODE ANN. §§ 11.051, 11.055, 152.002, 152.703, 152.704, 152.705, 152.708;TEX. PROP. CODE ANN. § 113.019.

16-682 • SOLOWAY v. USA

Filed 01/31/2017
REPORTED MEMORANDUM OPINION granting Motion to Dismiss - Rule 12(b)(1), and denying [7] Motion to Continue. The Clerk is directed to enter judgment. Signed by Judge Susan G. Braden. (dls) Copy to parties. (Plaintiff served via certified mail; Article No. 7014 1200 0000 9093 6446)

Keywords: re: 11 U.S.C. § 727 (Discharge of Debtor); 12 U.S.C. § 4617(a) (Housing and Economic Recovery Act); 28 U.S.C. § 1491 (Tucker Act Jurisdiction); Michigan Complied Laws ("MCL") § 600.3204 (Foreclosure); Rules of the United States Court of Federal Claims ("RCFC") 12(b)(1) (Subject Matter Jurisdiction); RCFC 56(d) (Facts Unavailable to Non-Movant in Summary Judgment).

14-1202 • RMA ENGINEERING S.A.R.L v. USA

Filed 01/30/2017
** Redocketed for Administrative Purposes ** MEMORANDUM OPINION AND ORDER on MOTION to Withdraw as Attorney by Tracy Allen Marion filed by RMA ENGINEERING S.A.R.L. Plaintiffs Counsel is ordered to show cause providing proof of service of the January 11, 2017 Motion to Plaintiff. Thereafter, the court will convene a telephone status conference to discuss whether Plaintiff intends to substitute new counsel or dismiss the December 15, 2014 Complaint. Until that time, discovery is stayed. Signed by Judge Susan G. Braden.(jt1) Copy to parties.

Keywords: re: Rule of the United States Court of Federal Claims (RCFC) 83.1 (Withdrawing Counsel).

17-9 • MCDERMOTT et al v. USA

Filed 01/30/2017
REPORTED Order of Dismissal denying Motion for Leave to Proceed in forma pauperis; returning unfiled, plaintiffs' correspondence received on January 5, 2017 and January 23, 2017; and directing the Clerk's Office to return any future filings not in compliance with the court's rules to plaintiff, unfiled, without further order of the court. The Clerk is directed to enter judgment. Signed by Chief Judge Patricia E. Campbell-Smith. (dls) Copy to parties. (Plaintiff served via certified mail; Article No. 7014 1200 0000 9093 6378)

Keywords: re: Pro Se Complaint; Sua Sponte Dismissal; Lack of Subject Matter Jurisdiction; RCFC 12(h)(3).

12-183 • CHAPMAN et al v. USA

Filed 01/30/2017
REPORTED ORDER granting Motion for Leave to File Second amended complaint. Revised second amended complaint due by 2/10/2017. Defendant's response due by 3/13/2017. Joint status report due by 5/8/2017. Signed by Senior Judge Nancy B. Firestone.

Keywords: re: Order on Motion for Leave to File; Reported Order; Motion to Amend Complaint or Substitute Real Party in Interest; Invalid Assignment; Statute of Limitations; Relation-back; RCFC 15; RCFC 17.

16-268 • CANPRO INVESTMENTS, LTD v. USA

Filed 01/26/2017
REPORTED ORDER granting in part and denying in part Motion to Dismiss - Rule 12(b)(1) and (6) filed by USA. Signed by Judge Margaret M. Sweeney.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1) and (6), Reported Order: RCFC 12(b)(1); RCFC 12(b)(6); Motion to Dismiss; Jurisdiction; Submission of Claims to Contracting Officer; RCFC 9(k); Failure to State a Claim Upon Which Relief Can Be Granted; Breach of Contract; Contractual Duty; Implied Obligation; Superior Knowledge; Mutual Mistake; Misrepresentation; Concealment; Good Faith and Fair Dealing; Impossibility of Performance; Commercial Impracticability; Restitution for Frustration of Purpose.

16-1311 • GLOBAL DYNAMICS, LLC v. USA

Filed 01/25/2017
REPORTED OPINION. Signed by Senior Judge Eric G. Bruggink. (jpk1) Copy to parties.

Keywords: re: Reported Order: Post-award bid protest; Priceanalysis; Price realism; waiver.

15-315 • FIRST CRYSTAL PARK ASSOCIATES LIMITED PARTNERSHIP v. USA

Filed 01/24/2017
REPORTED OPINION denying Motion for Summary Judgment and granting [21] Cross-Motion for Summary Judgment. The Clerk is directed to enter judgment. Signed by Judge Elaine D. Kaplan.

Keywords: re: Breach of Lease; Offer and Acceptance; Counter-offer; RCFC 56; Summary Judgment; Contracting Officer.

16-688 • HORVATH v. USA

Filed 01/24/2017
REPORTED MEMORANDUM OPINION AND ORDER granting Motion to Dismiss - Rule 12(b)(1) and (6); denying [11] Motion to Strike. The Clerk is directed to enter judgment. Signed by Judge Lydia Kay Griggsby.

Keywords: Federal Employees Pay Act (Title V), 5 U.S.C. 5541, et seq.; 12(b)(1), Subject Matter Jurisdiction; 12(b)(6), Failure to State a Claim, re: Memorandum Opinion and Order on Motion to Dismiss - Rule 12(b)(1) and (6), on Motion to Strike, Reported Opinion

11-335 • WYODAK RESOURCES DEVELOPMENT CORP. v. USA

Filed 01/23/2017
REPORTED OPINION The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler.

Keywords: re: Surface Mining Control and Reclamation Act of 1977; American Society for Testing and Materials Coal Testing Standards.

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