USCFC General Jurisdiction-Reported

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08-663C • LUMETRA v. UNITED STATES & HEALTH SERVICES ADVISORY GROUP, INC., Intervening Defendant

Filed 11/19/2008
Post-award bid protest;contract awarded to a Medicare Quality Improvement Organization under the Medicare Utilization and Quality Control Peer Review Organization program;evaluation of offerors'past performance,personnel,governance, cost,and price realism Signed by Judge Lettow.

07-654C • PAULA R. MOOREHEAD v. THE UNITED STATES

Filed 11/18/2008
Equal Pay Act, 29 U.S.C. § 206(d)(1);Gender-based wage disparities;Plaintiff's prima facie case; Defendant's affirmative defense that pay differential was based upon factor other than gender; Gender-neutral factor as pretext; Motion for summary judgment, Rule 56; Genuine issues of material fact Signed by Judge Miller, G..

07-756C • SUSAN L. McCARRON v. THE UNITED STATES

Filed 11/17/2008
Civilian pay; Back Pay Act, 5 U.S.C. § 5596 (b)(1)(A)(i)(2000); RCFC 12(b)(6)motion for failure to state a claim;jurisdiction pleaded under statute that does not mandate payment of money; failure to state a claim for amount of money incorrectly withheld Signed by Judge Miller, C..

08-194T • ADRIAN GLUCK AND SUSAN GLUCK v. THE UNITED STATES

Filed 11/14/2008
Subject Matter Jurisdiction; RCFC 12(b)(1); Abatement of Income Taxes and Interest; 28 U.S.C. § 1346(a)(1); Full Payment Rule Signed by Judge Sweeney.

95-666C, 96-442C • PCL CONSTRUCTION SERVICES,INC., v. UNITED STATES

Filed 11/14/2008
Prompt Payment Act Interest, 31 U.S.C. § 3901, et seq. Signed by Judge Horn.

08-342C • STEVE PEREIRA v. THE UNITED STATES

Filed 11/14/2008
28 U.S.C. § 1875; 28 U.S.C. § 1363; lack of jurisdiction to hear plaintiff's claim that adverse action was based upon jury service; 28 U.S.C. § 1631; transfer to district court not in the interest of justice where transfer would be futile Signed by Judge Miller, G..

08-456C • DCMS-ISA, INC., L & R SECURITY FORCES, INC., THE WHITESTONE GROUP,INC., and R & D... v. THE UNITED STATES

Filed 11/14/2008
Bid Protest; Negotiated Procurement;SDVOSB Set-Aside;Cancellation;FAR 15.305(b); FAR 52.219-27; FAR 9.604(e);FAR 19.1405(c); FAR 15.206(e);FAR 15.308;FAR Subpart 9.1 Signed by Judge Firestone.

99-550L • THE OSAGE TRIBE OF INDIANS OF OKLAHOMA v. THE UNITED STATES OF AMERICA

Filed 11/10/2008
Defendant's Motion to Compel Production of Documents;RCFC 37(a); RCFC 26(b) Signed by Judge Hewitt.

08-6C • TRESLYN C. PATTERSON v. UNITED STATES OF AMERICA

Filed 11/05/2008
Rule 12(b)(6); Title VII Settlement Agreement; Substantive Right to Money Damages Signed by Judge Hodges.

08-231C • DARREN FUSARO, ET AL, v. UNITED STATES OF AMERICA

Filed 11/05/2008
Motion to Dismiss; RCFC 12(b)(1); Non-Appropriated Funds Doctrine; Fair Labor Standards Act, 29 U.S.C. § § 201-19 (2000); Back Pay Act, 5 U.S.C. § 5596 (2006); Executive Agency; Employee of United States of America Signed by Judge Hodges.

08-48C • MALCOLM B. BLANKENSHIP III v. THE UNITED STATES

Filed 10/31/2008
Military pay; claim under 37 U.S.C. § 204 (2000), for back pay and allowances; review of decision of military correction board; justiciability; whether failure to follow syllabus requiring remedial flight training by Navy aviation program entitles serviceman to award of wings; reliance on advisory opinion Signed by Judge Miller, C..

08-92C • SHARON L. MYRICK, DDS v. THE UNITED STATES

Filed 10/31/2008
Disability Evaluation Manual,Commissioned Corps Personnel Manual Pamphlet No. 47(1999); Judgment on the Administrative Record,RCFC 52.1;Regulars and Members on Active Duty for More than 30 Days: Retirement, Section 1201 of Title 10 of the United States Code, 10 U.S.C. § 1201, 1203;Schedule of Ratings-Neurological Conditions and Convulsive Disorders, Section 4.124a of Title 38 of the Code of Federal Regulations, 38 C.F.R. § 4.124a;United States Constitution Amend. V, VI; United States Public Health Service Congress Personnel Management Regulations; Rights, Benefits, Privileges, and Immunity for Commissioned Officers or Beneficiaries,Section 213A of Title 42 of the United States Code, 42 U.S.C. § 213a, et. seq. Signed by Judge Braden.

07-773C • LOUISE HALL and GLENN GOULD v. THE UNITED STATES

Filed 10/31/2008
Omnibus Budget Reconciliation Act of 1993,30 U.S.C. § 28f(a);United States Constitution, Amendment V; Use and Occupancy Under the Mining Laws,43 C.F.R. § 3715; Motion to Dismiss, RCFC (12)(b)(1) Signed by Judge Braden.

06-801C • IRIS CORPORATION BERHAD and WINSTON WILLIAMS v. THE UNITED STATES & FULCRUM IT SERVICES COMPANY...

Filed 10/30/2008
RCFC 30(b)(6); RCFC 26(c); Motion for Protective Order; Claim Construction; Patent Infringement; Good Cause for Issuance of Protective Order; Relevance; Use of Multiple Discovery Vehicles Signed by Judge Williams.

08-597C • LABATT FOOD SERVICE, INC., v. UNITED STATES

Filed 10/30/2008
Bid Protest;Standing;Deviation from the Solicitation in the Method of Transmission of Proposal Revisions; Late Proposal Submission; Injunctive Relief Signed by Judge Horn.

07-739T • INTERSPORT FASHIONS WEST, INC., v. THE UNITED STATES

Filed 10/29/2008
Motion to Dismiss for Lack of Subject Matter Jurisdiction;Validity of Tax Assessment; Full Payment Rule; 26 U.S.C. § 6203; 26 C.F.R. § 301.6203-1; RCFC 12(b)(1) Signed by Judge Hewitt.

08-70C • HIGHQBPO, LLC, v. THE UNITED STATES

Filed 10/29/2008
Motion for Reconsideration;RCFC 59(a); Motion to Stay Signed by Judge Hewitt.

99-172C • GENERAL ELECTRIC COMPANY v. THE UNITED STATES

Filed 10/24/2008
CAS 413; CAS 412; Interest Rate Assumptions; ERISA; FAS 87 LTR Signed by Judge Firestone.

08-387C • ANTONIO GIMBERNAT v. THE UNITED STATES

Filed 10/24/2008
Motion to Dismiss; Pro Se Complaint Alleging Claims of Sexual Harassment and Physical Threats; Relief Not Available Under Universal Declaration of Human Rights, Title VII of the Civil Rights Act of 1964, or 42 U.S.C. § 1983 Signed by Judge Hewitt.

07-850C • JOHN GARDNER BLACK v. THE UNITED STATES

Filed 10/23/2008
Pro se complaint; Fifth Amendment taking claim; subject matter jurisdiction; RCFC 12(b)(1); statute of limitations; 28 U.S.C. § 2501; accrual suspension rule; equitable tolling; collateral attack of agency action and previous civil and criminal proceedings Signed by Judge Sweeney.

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