USCFC General Jurisdiction-Reported

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

Filed 07/31/2008
Motion for Partial Summary Judgment; RCFC 56; Motion to Dismiss; RCFC 12(b)(6); FLSA;29 U.S.C. § § 201-219; Federal Aviation Administration; Air Traffic Control Specialists;Traffic Management Coordinators; Staff Specialists Signed by Judge Hewitt.

06-803C • WONDERLYN LORRAINE BELL PINCKNEY, v. THE UNITED STATES,

Filed 07/29/2008
Motion for Reconsideration Pursuant to RCFC 54(b) and 59(a) Denied; No Change in Controlling Law, No Availability of Previously Unavailable Evidence, and No Manifest Error of Law or Mistake of Fact in Court's Opinion of March 28, 2008 Signed by Judge Hewitt.

08-07C • MICHAEL TELEMAQUE, v. THE UNITED STATES

Filed 07/28/2008
Motion to Dismiss; RCFC 12(b)(6); Pro se standard of review; 28 U.S.C. § 1491 Signed by Judge Smith.

08-136C • WILLIAM ATKINS v. THE UNITED STATES,

Filed 07/24/2008
Fifth Amendment Taking Claim;Patented Device Classified As Machine Gun; Exercise of Police Power; Motion to Dismiss Under RCFC 12(b)(6) Signed by Judge Wheeler.

07-811C • METROTOP PLAZA ASSOCIATES, v. THE UNITED STATES,

Filed 07/24/2008
Contract Disputes Act—Timeliness of a Claim: (i) For statute of limitations purposes, the finality of a contracting officer's decision is suspended during the period when the contracting officer is reconsidering the decision, whether or not a formal motion for reconsideration has been filed. (ii) The date of mailing of a claim to the contracting officer does not establish the starting date for the 60-day period required for a contracting officer's deemed decision in the absence of facts confirming the contracting agency's receipt of the claim Signed by Judge Wiese.

08-261C • WATTS-HEALY TIBBITTS A JV, v. THE UNITED STATES, and IBC/TOA CORPORATION, Defendant-Intervenor

Filed 07/23/2008
Bid Protest; Responsibility Determination;Preliminary Injunction; FAR 52.209-5; Arbitrary and Capricious; Requisite Business Integrity; International Considerations are Implicated Signed by Judge Smith.

05-608C • FRANCISCO JAVIER RIVERA AGREDANO, v. THE UNITED STATES,

Filed 07/22/2008
Trial; Breach of Implied-in-Fact Covenant; Failure to Remove Contraband From Seized Vehicle Prior to Resale Constitutes Breach of Impliedin-Fact Covenant; Damages for Injuries Caused by Breach Signed by Judge Hewitt.

08-497C • LEO F. SCHWEITZER, III, and RICHARD S. DALBERTH, v. THE UNITED STATES,

Filed 07/18/2008
Pro Se; Plea Agreements; Failure to State Money Mandating Claim; Lack of Subject Matter Jurisdiction Under Federal Tort Claims Act (28 U.S.C. § 2671), Civil Rights Act (42 U.S.C. § § 1983, 1985, 1986), and False Claims Act (31 U.S.C. § § 3729-733); Lack of Subject Matter Jurisdiction over Bivens Actions and Constitutional Violations Under First, Fourth, Sixth, Eighth, Ninth,Tenth, and Thirteenth Amendments, Due Process Clauses, Equal Protection Clause, and Contract Clause Signed by Judge Firestone.

08-375C • TIN MILLS PROPERTIES, LLC, v. THE UNITED STATES, and GLENMARK HOLDING, LLC, Intervenor

Filed 07/15/2008
Bid Protest; Injunction; GSAR 552.270-1(c)(7); Negotiated Procurement; Material Deviation from Solicitation Terms; Amendments to Solicitation Signed by Judge Bruggink.

07-807T • JOHN DACOSTA AND N.B. SALTY MILLER, v. THE UNITED STATES,

Filed 07/11/2008
Motion to dismiss; RCFC 12(b)(1); subject matter jurisdiction; Tucker Act; 28 U.S.C. § 1491(a)(1); Internal Revenue Code of 1986; 26 U.S.C. § 7623; monetary rewards to whistleblowers for information provided to IRS;contract implied in fact Signed by Judge Miller, G..

07-627C • SEALIFT, INC., v. THE UNITED STATES,

Filed 07/11/2008
Administrative Dispute Resolution Act of 1996, 28 U.S.C. § 1491(b); Administrative Procedure Act, 5 U.S.C. § 706; Bid Protest; Cargo Preference Act of 1904, 10 U.S.C. § 2631(b); Competition in Contracting Act of 1984, 10 U.S.C. § 2305(b), 31 U.S.C. § 3551,31 U.S.C. § 3553(d), 41 U.S.C. § 253(a)(1)(A); Interested Party; Post-Award Protest; Small Business Set Aside,13 C.F.R. § 121.1007; Standing; Time Charter Contract; 10 U.S.C. § 6011; 32 C.F.R. § 700.204(c); 48 C.F.R. § 9.104-1; Fed. R. Ev. 901; RCFC 52.1 Signed by Judge Braden.

07-279C • THEODORE FATHAUER, et al., v. THE UNITED STATES OF AMERICA,

Filed 07/07/2008
5 U.S.C. § 5546(a); 5 C.F.R. § 550.171(a); Sunday premium pay; full-time and part-time civil service employees; Chevron deference;express delegation of authority; statutory construction; plain language;legislative history Signed by Judge Baskir.

06-801C • IRIS CORPORATION BERHAD, v. THE UNITED STATES, & FULCRUM IT SERVICES COMPANY & 3M ROCHFORD ...,Third-Party Defendants

Filed 07/07/2008
Patent Infringement; 28 U.S.C. § 1428; Standing; Exclusive Licensee; Joinder; Necessary Party Plaintiff; RCFC 19; Subject Matter Jurisdiction Signed by Judge Williams.

07-532C • AXIOM RESOURCE MANAGEMENT,INC., v. THE UNITED STATES, & LOCKHEED MARTIN FEDERAL HEALTHCARE, INC., Defendant-Intervenor

Filed 07/07/2008
Bid Protest; Injunction; Notice Of Appeal As Of Right,Fed. R. App. P. 3(b); Organizational Conflicts of Interest, 48 C.F.R. § 9.5; Permanent Injunction;Post-Judgment Jurisdiction; Public Interest; Set-Aside Of Contract Award; Stay Pending Appeal, Fed. R. App. P. 8(a); RCFC 62(c) Signed by Judge Braden.

05-142C • ARTURO MORENO, JR., individually and on behalf of others similarly situated, v. THE UNITED STATES,

Filed 07/03/2008
Fair Labor Standards Act, 29 U.S.C. § 201 et seq.; Statute of Limitations for Willful Violations, 29 U.S.C. § 255(a); Summary Judgment; Disputed Issues of Fact; Credibility Determinations; Equitable Tolling Signed by Judge Firestone.

08-118C • OMEGA WORLD TRAVEL, v. THE UNITED STATES, & CW GOVERNMENT TRAVEL, INC., Defendant-Intervenor

Filed 07/03/2008
Bid Protest; Federal Acquisition Streamlining Act ("FASA"), Pub.L. No. 103-355; FAR 16.505(a)(9); Jurisdiction Limited to Challenge of Scope of Task Order; Procurement Integrity Act, 41 U.S.C. § 423 Signed by Judge Firestone.

04-106C • DAIRYLAND POWER COOPERATIVE, v. THE UNITED STATES,

Filed 07/02/2008
Summary judgment; RCFC 56(c); privity of contract; recovery of mitigation costs incurred through subsidiary; foreseeability Signed by Judge Damich.

02-60T • RONALD C. & MARY G. PRATI, v. THE UNITED STATES OF AMERICA,

Filed 07/01/2008
RCFC 42, 59; Motion for Plaintiffs, Reconsideration; Motion to Vacate Judgment; Consolidation Signed by Judge Block.

07-561C • OSG PRODUCT TANKERS LLC, v. UNITED STATES OF AMERICA, and USS PRODUCT CARRIERS LLC, Defendant-Intervenor

Filed 06/30/2008
Post-Award Bid Protest; Cross Motions for Judgment on Administrative Record; RCFC 52.1; Contracting Officer's Authority to Determine Contractor's Present Responsibility; Effect of Non-Debarment Decision on Contracting Officer; Integrity and Business Ethics; Standards for Court's Review of Contracting Officer's Decisions; Duty of Contracting Officers to Treat Contractors Fairly Signed by Judge Hodges.

06-877L • D & D LANDHOLDINGS, a limited partnership, v. THE UNITED STATES,

Filed 06/30/2008
Fifth Amendment Takings Claim; Motion to a limited partnership, Dismiss; Motion for Summary Judgment; Genuine Issue of Material Fact; National Security; RCFC 12(b)(1); RCFC 12(b)(6); RCFC 56; Fisher; Statute of Limitations; 28 U.S.C. § 2501 Signed by Judge Sweeney.

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