USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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17-83 • VETERANS EVALUATION SERVICES, INC. v. USA

Filed 10/02/2017
REPORTED MEMORANDUM OPINION AND ORDER denying Plaintiff's Motion for an Injunction Pending Appeal. Signed by Judge Lydia Kay Griggsby.

Keywords: RCFC 62(c); Injunction Pending Appeal, re: Reported Opinion.

07-194 • JOHN ANDERSON FARMS, INC., et al

Filed 09/29/2017
REPORTED OPINION. Signed by Judge Marian Blank Horn.

Keywords: re: Reported Opinion. Takings, Physical or Regulatory Taking, Permanent or Temporary Taking, Water Rights, Tribal Rights, Endangered Species Act, Federal Reserved Rights, Motions for Reconsideration.

01-591 • KLAMATH IRRIGATION, et al v. USA

Filed 09/29/2017
REPORTED OPINION. Signed by Judge Marian Blank Horn.

Keywords: re: Reported Opinion. Takings, Physical or Regulatory Taking, Permanent or Temporary Taking, Water Rights, Tribal Rights, Endangered Species Act, Federal Reserved Rights; Motions for Reconsideration.

16-1660 • GRANT et al v. USA

Filed 09/29/2017
REPORTED OPINION granting Motion for Leave to Proceed in forma pauperis; denying as moot [16] Motion for Discovery; granting [17] Motion to Dismiss - Rule 12(b)(1); granting [17] Motion for Summary Judgment; denying [18] Motion for Discovery. The Clerk is directed to enter judgment. Signed by Judge Elaine D. Kaplan. [U.S. Certified Mail Tracking# 7017 1450 0000 1346 2519]

Keywords: Pro Se Complaint; RCFC 12(b)(l); Motion to Dismiss; Equal Credit Opportunity Act; Pigford Litigation; USDA; Statute of Limitations; 28 U.S.C.§ 2501 ; Summary Judgment; RCFC 56.

17-188 • J.M. FOGG FARMS, INC. et al v. USA

Filed 09/27/2017
REPORTED OPINION denying Motion for Summary Judgment; granting [16] Motion to Dismiss - Rule 12(b)(6) The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler.

Keywords: re: [29]: Conservation Security Program; National Resources Conservation Service; Breach of Contract Action; Statutory Provisions Not Incorporated into Contracts; Failure to State a Claim Upon Which Relief May Be Granted.

16-872 • TURPING et al v. USA

Filed 09/22/2017
REPORTED OPINION Order of Dismissal.. granting Motion to Dismiss - Rule 12(b)(1) and (6) The Clerk is directed to enter judgment. Signed by Chief Judge Susan G. Braden.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1) and (6), Order Dismissing Case, Reported Opinion ; Employee Retirement Income Security Act (ERISA), 29 U.S.C. § 1001;Rules Of the United States Court of Federal Claims (RCFC)12(b)(1)(Jurisdiction),12(b)(6) (Failure To State A Claim), 23(a) (Class Certification);Statute Of Limitations, 28 U.S.C. § 2501;Takings Clause, Fifth Amendment to the United States Constitution, Tucker Act Jurisdiction, 28 U.S.C. § 1491

17-307 • HADDAD v. USA

Filed 09/22/2017
REPORTED MEMORANDUM OPINION AND SHOW CAUSE ORDER directing Plaintiff to file response.Show Cause Reponse due by 10/20/2017.Signed by Chief Judge Susan G. Braden.

Keywords: re: Issue Fee Payment, Patent Applicant, Patent Assignment, Patent Issue Date, Patent License, Patent Number, Show Cause Order.

17-1131 • PERALES v. USA

Filed 09/20/2017
REPORTED Order denying Motion for Leave to Proceed in forma pauperis; dismissing plaintiff's complaint, without prejudice, for lack of subject matter jurisdiction; and directing the clerk's office to RETURN any future filings in this case that are not in compliance with this court's rules to plaintiff, UNFILED, without further order. The Clerk is directed to enter judgment. Signed by Judge Patricia E. Campbell-Smith. (dls) Copy to parties. (Plaintiff served via certified mail; Article No. 7017 1450 0000 1346 2724) (Note: Copy re-mailed to plaintiff via regular mail on 10/10/17)

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

15-16 • AUTHENTIC APPAREL GROUP, LLC et al v. USA

Filed 09/20/2017
REPORTED ORDER denying Motion in Limine and denying Plaintiff's Request for Sanctions contained in [201] Plaintiff's Response to Defendant's Motion in Limine. Signed by Judge Mary Ellen Coster Williams. (McCloskey, Nora) Copy to parties.

Keywords: Motion In Limine; Expert Disclosures; Fed. R. Evi. 701, 702; RCFC 26(a)(2); Distinction Between Lay and Expert Opinion Testimony. re: Order on Motion in Limine, Reported Order. (NM)

17-335 • VANQUISH WORLDWIDE, LLC v. USA

Filed 09/19/2017
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1). The Clerk is directed to enter judgment. Signed by Judge Elaine D. Kaplan.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1); Reported Opinion; Contract Disputes Act; Subject Matter Jurisdiction; Submission of a Claim.

15-553 • EBY v. USA

Filed 09/15/2017
REPORTED OPINION and Order denying Motion to Dismiss pursuant to Rule 12(b)(1) and (6). Signed by Judge Charles F. Lettow. (kw) (Main Document 44 replaced on 9/18/2017)

Keywords: re: Action for breach of settlement agreement; effect of intervening retaliation claim presented to the EEOC and decision by the EEOC granting relief on the retaliation claim; mootness

13-500 • HANOVER INSURANCE COMPANY (THE) v. USA

Filed 09/15/2017
REPORTED OPINION granting in part and denying in part Motion to Amend Pleadings. Amended answers due 9/22/2017. Signed by Judge Margaret M. Sweeney.

Keywords re: Order on Motion to Amend Pleadings, Reported Opinion -- RCFC 15(a); Motion to Amend Answers; Amended Pleadings; Special Plea in Fraud Defense; Anti-Fraud Provision of the Contract Disputes Act of 1978; False Claims Act; Foman v. Davis; Undue Delay; Improper Purpose; Prejudice; Futility of Amendment; Surety Liability; Matter of Right.

17-603 • IRON BOW TECHNOLOGIES, LLC v. USA

Filed 09/14/2017
REPORTED OPINION. Plaintiff's motion for judgment on the administrative record DENIED. Defendant's and defendant-intervenor's cross motions GRANTED. No costs. Signed by Senior Judge Nancy B. Firestone.

Keywords: re: Reported Opinion: Post-Award Bid Protest; Standing; Discussions; Failure to Comply with Solicitation Requirements and Explain Proposal Changes Following Discussions.

15-1300 • BALDI BROS, INC. v. USA

Filed 09/13/2017
REPORTED OPINION originally issued and placed under seal on 9/25/2017. This public opinion incorporates defendant's proposed redactions, see [31]. All redactions are indicated by brackets ([]) in this opinion. Granting Motion for Partial Summary Judgment deemed as a motion for summary judgment. The clerks office is directed to enter final judgment in favor of defendant, DISMISSING plaintiff's complaint with prejudice. Each party shall bear its own costs.. Signed by Judge Patricia E. Campbell-Smith.

Keywords: re: Reported Opinion. Motion for Summary Judgment; RCFC 56; Contract Disputes Act; 41 U.S.C. § 7104 (2012); 48 C.F.R. § 14.407-4 (TQ)

14-711 • STROMNESS MPO, LLC v. USA

Filed 09/08/2017
REPORTED OPINION. Signed by Judge Marian Blank Horn.

Keywords: re: Reported Opinion: Trial; Lease Agreement; Fifth Amendment Taking; Holdover Tenancy; Contract Interpretation; Breach of Contract; United States Postal Service; Reformation.

16-909 • BEACON ADHESIVES, INC. v. USA

Filed 09/06/2017
Docketed for Administrative Purposes MEMORANDUM OPINION AND ORDER CONSTRUING CERTAIN CLAIMS OF UNITED STATES PATENT NO. 7,032,492. Signed by Chief Judge Susan G. Braden. (jt1) Copy to parties.

Keywords: re: Reported Opinion - 28 U.S.C. § 1498(a); 35 U.S.C. § 112; Claim Construction; Extrinsic Evidence; Intrinsic Evidence; Manual Of Patent Examining Procedure (MPEP) § 2112.02 Process Claims; Rule of the United States Court of Federal Claims (RCFC) 40.1.

16-1063 • PDS CONSULTANTS, INC. v. USA

Filed 09/01/2017
REPORTED OPINION granting Motion to Stay Pending Appeal. Signed by Senior Judge Nancy B. Firestone.

Keywords: re: Order on Motion to Stay, Reported Opinion Stay Pending Appeal; Application of the Veterans Benefits, Health Care, and Information Technology Act of 2006 when products and services are listed on the AbilityOne Procurement List.

15-403 • SLAUGHTER v. USA

Filed 09/01/2017
REPORTED OPINION--Granting Motion to Dismiss--Rule 12(b)(1) and (6). The Clerk is directed to enter judgment. Signed by Senior Judge Robert H. Hodges, Jr.

Keywords: re: Order on Motion to Dismiss--Rule 12(b)(1) and (6), Reported Opinion: Motion to Dismiss; RCFC 12(b)(1) Lack of Jurisdiction; RCFC 12(b)(6) Failure to State a Claim; Member of Protected Class; United States Department of Agriculture (USDA) Farm Service Agency (FSA); Farm Ownership Loan; Farm Operating Loan; Consent Decree Distinguished from Contract.

15-1070 • MWH GLOBAL, INC. v. USA

Filed 08/31/2017
REPORTED OPINION denying Motion for Discovery.. Signed by Judge Thomas C. Wheeler. (ad) Copy to parties. (Main Document 45 replaced on 8/31/2017 to correct typo in pdf)

Keywords: re: Motion for Leave to Take Additional Depositions; RCFC 30(a); RCFC 26(b); Prejudice to Non-Movant.

13-859 • MAGNUS PACIFIC CORPORATION v. USA

Filed 08/31/2017
REPORTED OPINION. Plaintiff is AWARDED an equitable adjustment of the levee restoration contract increasing the IBWCs payment responsibility bythe total amount of $3,448,863, because plaintiff receives $597,075 on its riprap claim and $2,851,788 on its embankment fill claim. Plaintiff is AWARDED interest on $3,448,863 from June 4, 2013 until it receives payment for this judgment, at a rate determined by 41 U.S.C. § 7109(b). The government's counterclaim with respect to a slope change credit is DENIED. The IBWC shall RELEASE to plaintiff retained contract funds, withheld as a result of changes to the slope of portions the levee, in the amount of $431,056. The Clerk is directed to ENTER final judgment for plaintiff, as follows:(a) an equitable adjustment to the contract in the amount of $3,448,863, plus interest; (b) the release of retained contract funds in the amount of $431,056; and, No costs. Signed by Senior Judge Lynn J. Bush.

Keywords: re: Reported Opinion. Trial; Maropakis Jurisdictional Issue; Claim to Resolve Quantum of Credit Due Agency for Change in Slope of Levee; Constructive Change to Contract for Replacement of Existing Riprap on Levee; Defective Plans and Specifications Claim for Additional Embankment Fill Placed on Levee. (TQ)

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