USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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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.

15-1555 • LEE et al v. USA

Filed 01/18/2017
REPORTED OPINION denying Motion to Amend Pleadings - Rule 15(b). Plaintiffs' motions for reconsideration and for leave to file a second amended complaint are DENIED. Signed by Judge Charles F. Lettow.

Keywords: re: Motions for reconsideration and for leave to file an amended complaint; RCFC 59(e); RCFC 15(a). (MZ)

13-6 • PUBLIC HOUSING AUTHORITIES DIRECTORS ASSOCIATION et al v. USA

Filed 01/18/2017
REPORTED OPINION and ORDER of Dismissal granting in part and denying in part Defendant's Motion to Dismiss - Rule 12(b)(1); granting [36] Plaintiffs' Motion for Summary Judgment; denying [41] Defendant's Cross-Motion for Summary Judgment. Status Report due by 2/17/2017. The Clerk is directed to enter judgment in the specified cases. Signed by Judge Elaine D. Kaplan. (bl) Copy to parties. (Main Document 66 replaced on 1/18/2017 to edit case caption to include et al after the lead plaintiff's name)

Keywords: re: Order on Motion for Summary Judgment; Order on Motion to Dismiss - Rule 12(b)(1); Reported Opinion; Breach of Contract; United States v. Winstar Corp.; Incorporation by Reference; Funds Subject to Availability; 24 C.F.R. § 990.210(c).

14-147 • BONDYOPADHYAY v. USA

Filed 01/18/2017
REPORTED CLAIM CONSTRUCTION OPINION AND ORDER. Signed by Judge Mary Ellen Coster Williams. (ac7) Copy to parties.

Keywords: Patent Infringement; 28 U.S.C. § 1498; Claim Construction; Person ofOrdinary Skill in the Art; Preamble; Ordinary and Customary Meaning;Specification.

16-1621 • GRANT v. USA

Filed 01/17/2017
REPORTED Order of Dismissal denying Motion for Leave to Proceed in forma pauperis. 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 6323)

Keywords: re: Pro Se Complaint; Sua Sponte Dismissal; Frivolous.

16-570 • HOOD v. USA

Filed 01/17/2017
REPORTED OPINION dismissing plaintiff's complaint, and directing the Clerk of Court not to file future complaints in which plaintiff asserts allegations that arise from the same facts set forth in this case. The Clerk is directed to enter judgment. Signed by Judge Marian Blank Horn. (dls) Copy to parties. (Plaintiff served via certified mail; Article No. 7014 1200 0000 9093 6330)

Keywords: re: Pro Se Plaintiff; 28 U.S.C. § 1500.

16-1259 • IT SHOWS, INC. v. USA

Filed 01/17/2017
REPORTED OPINION. Signed by Senior Judge Eric G. Bruggink.

Keywords: re: Reported Order: Post-award Bid Protest; Cost Realism; Direct Costs; Indirect Costs; Ceiling Rates. (WT)

14-941 • HERRMANN et al v. USA

Filed 01/13/2017
REPORTED OPINION granting Plaintiffs' Motion for Leave to File Designations of Deposition Testimony; granting [65] Defendant's Cross Motion for Leave to File Designations of Deposition Testimony; denying [66] Non-Parties' Motion in Limine to Testify Via Contemporaneous Video Transmission; granting [67] Plaintiffs' Motion in Limine to Remove Attorneys' Eyes Only Designations; denying [68] Defendant's Motion in Limine to Exclude Summary Exhibits and the Testimony of Evan Cohen. Signed by Judge Charles F. Lettow.

Keywords: re: Order on Motion for Leave to File, Order on Cross Motion, Order on Motion in Limine, Reported Opinion: pre-trial motions in limine; testimony by witnesses in person at trial rather than by contemporaneous video transmission; RCFC 43(a); RCFC 45(c); removal of attorneys' eyes only designation for certain documents and information; testimony of a witness who prepared summaries; Fed. R. Evid. 1006. (EK)

16-794 • HICKS v. USA

Filed 01/13/2017
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1). The Clerk is directed to enter judgment. Signed by Judge Marian Blank Horn. (dls) Copy to parties. (Plaintiff served via certified mail; Article No. 7014 1200 0000 9093 6316)

Keywords: re: Pro Se; 26 U.S.C. § 6402; Tax; Lack of Subject Matter Jurisdiction.

15-489 • YORK TELECOM CORPORATION v. USA

Filed 01/13/2017
PUBLIC DECISION (Originally filed: 01/11/2017). Signed by Judge Lydia Kay Griggsby.

Keywords: re: Reported Opinion: Post-Award Bid Protest; Judgment upon the Administrative Record, RCFC 52.1; Supplementing the Administrative Record; Standing; FAR 52.212-1; Non-Manufacturer Rule; NAICS Code Size Standard.

16-1684 • MUNILLA CONSTRUCTION MANAGEMENT, LLC v. USA

Filed 01/10/2017
REPORTED OPINION on MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by MUNILLA CONSTRUCTION MANAGEMENT, LLC. Signed by Judge Elaine D. Kaplan.

Keywords: re: Temporary Restraining Order; Likelihood of Success; Irreparable Harm; Bid Protest; 28 U.S.C. § 1491(b).

16-259 • HEALTH REPUBLIC INSURANCE COMPANY v. USA

Filed 01/10/2017
REPORTED OPINION granting in part and denying in part Motion to Dismiss - Rule 12(b)(1). Defendant shall file an answer in accordance with the court's rules. Signed by Judge Margaret M. Sweeney. (kb1)

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1), Reported Opinion -- Section 1342 of the Patient Protection and Affordable Care Act, 42 U.S.C. § 18062; 45 C.F.R. pt. 153; Risk Corridors Program; RCFC 12(b)(1) Motion to Dismiss; Subject Matter Jurisdiction; Money-Mandating Statute and Regulation; Presently Due Money Damages; Ripeness; Agency Interpretation of Its Own Regulations; Requirement of Annual Risk Corridors Payments

11-273 • SMALL v. USA

Filed 01/09/2017
REPORTED OPINION. Signed by Judge Marian Blank Horn.

Keywords: re: Reported Opinion: Equal Access to Justice Act, 28 U.S.C. § 2412; Attorneys Fees and Reasonable Expenses.

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