USCFC General Jurisdiction-Reported

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05-382C • HAROLD ROBERT PILLEY, pro se, v. UNITED STATES OF AMERICA

Filed 11/30/2006
28 U.S.C. § 1498; patent rights clause; 48 C.F.R. 52.227-11; first actual reduction to practice; global positioning system for air traffic control Signed by Judge Damich.

06-115C • DANNY C. SIMONS and SALLY J. SIMONS, v. UNITED STATES OF AMERICA

Filed 11/30/2006
Claim Preclusion; Motion to Dismiss, RCFC 12(b)(1), (6); Res Judicata; RESTATEM ENT (SECOND) OF JUDGMENTS (1982) § 24(2) Signed by Judge Braden.

06-701C • GUY W. PARKER, v. UNITED STATES OF AMERICA

Filed 11/30/2006
Consolidation;Pro Se; RCFC 42(a) Signed by Judge Braden.

06-233C • FEDERAL AIR MARSHALS(FAM) FAM 1 through FAM 1096, v. UNITED STATES OF AMERICA

Filed 11/30/2006
Federal Labor Standards Act; Federal Aviation Administration Revitalization Act; Federal Personnel Law Signed by Judge Futey.

06-666C • COLORADO DEPARTMENT OF HUMAN SERVICES, DIVISION OF VOCATIONAL REHABILITATION, et al., v. UNITED STATES OF AMERICA

Filed 11/30/2006
Randolph-Sheppard Act, blind vendor, jurisdiction, arbitration, exhaustion of administrative remedies, preliminary injunction Signed by Judge Miller, G..

01-376C • C.D. HAYES, INC., v. UNITED STATES OF AMERICA

Filed 11/30/2006
RCFC 12(b)(1); Contract Disputes Act, 41 U.S.C. § § 601-613; Identification of Claims; Basis and Amount of Claims; Default Termination; Termination for Convenience; Equitable Adjustment; Law of the Case; Sua Sponte Summary Judgment Signed by Judge Sweeney.

04-1113C • DIE CASTERS INTERNATIONAL, INC., v. UNITED STATES OF AMERICA

Filed 11/30/2006
Costs; RCFC 54(d) Signed by Judge Allegra.

04-1455C • SCHONDA SCOTT HILLENSBECK and SAMANTHA SCOTT, v. UNITED STATES OF AMERICA

Filed 11/30/2006
Equal Access To Justice Act, 28 U.S.C. § 2412;
Judicial Notice, FED. R. EVID. 201; Substantial Justification Signed by Judge Braden.

06-482C • BRIAN ANDR'E WARREN,v. UNITED STATES OF AMERICA

Filed 11/30/2006
Army Reg. 635-200, Chapter 10; Equitable Tolling;
Military Pay Act, 31 U.S.C. § 204; Motion to Dismiss;
Pro Se; RCFC 12(b)(1);
Statute of Limitations Signed by Judge Braden.

04-1736C • AMERICAN AIRLINES, INC., v. UNITED STATES OF AMERICA

Filed 11/30/2006
Counterclaim, RCFC 13(a);
Discovery; Affirmative Defense, RCFC 8(c);
Protective Order, RCFC 26(b), (c); Set Off Signed by Judge Braden.

06-348C • JOSEPH F. BAKA, v. UNITED STATES OF AMERICA

Filed 11/29/2006
Uniformed Services Former Spouses' Protection Act; Statute of Limitations; Continuing Claims Doctrine; Waiver of Sovereign Immunity; State Court Divorce Decree "Regular On Its Face." Signed by Judge Wheeler.

05-840C and 05-1044C • FISHERMAN'S HARVEST, INC., et al., v. UNITED STATES OF AMERICA

Filed 11/28/2006
28 U.S.C. § 1497; damages to oyster growers caused by dredging operations; RCFC 19; joinder of persons needed for just adjudication; necessary parties; 28 U.S.C. § 1500; RCFC 24; alignment of intervenor; RCFC 12(f); motion to strike; RCFC 20(b); motion for separate trials Signed by Judge Damich.

03-178L • BENCHMARK RESOURCES CORPORATION, and SUNRISE HOLDING, INC., a Delaware Corporation, v. UNITED STATES OF AMERICA

Filed 11/22/2006

BENCHMARK RESOURCES CORPORATION, a Colorado Corporation; GENTRY CORPORATION, a Colorado Corporation; and SUNRISE HOLDING, INC., a Delaware Corporation,   v. UNITED STATES OF AMERICA   (03-178L)
       

Takings; motion to dismiss; motion for summary judgment; statute of limitations; regulatory requirement for notice; ripeness; compensable property interest under the Fifth Amendment

Signed by Judge Miller, C..

02-584C and 03-1548C • TRAVELERS CASUALTY AND SURETY OF AMERICA, v. UNITED STATES OF AMERICA

Filed 11/22/2006
Contract Disputes Act; Spearin implied warranty doctrine; patent and latent ambiguities; duty to inquire; constructive change; equitable adjustment; judgment after trial Signed by Judge Wolski.

01-73C • SAN JUAN CITY COLLEGE, INC., et al., v. UNITED STATES OF AMERICA

Filed 11/21/2006
Cross-Motions for Summary Judgment; Closure of Educational Institution; Expiration of Program Participation Agreement; Breach of Contract Signed by Judge Horn.

06-742C • EMERALD COAST FINEST PRODUCE CO.INC., v. UNITED STATES OF AMERICA

Filed 11/21/2006
Bid Protest; Motion to Intervene Signed by Judge Hewitt.

06-360C • 210 EARLL, L.L.C., v. UNITED STATES OF AMERICA

Filed 11/21/2006
Post-Award Bid Protest;
Interested Party; Public Buildings Act, 40 U.S.C. § 3301 et seq.; Prospectus Threshold; Judgment on the Administrative Record; Agency Discretion; Rational Basis; Agency's Lack of Contemporaneous Documentation of Decision;
Requirements of Unsworn Declaration; Agency Failure to Follow Solicitation for Offers Signed by Judge Baskir.

06-583C • ANDRE JOEL HOWARD, v. UNITED STATES OF AMERICA

Filed 11/20/2006
Pro Se Plaintiff; Application to Proceed in Forma Pauperis; Motion for Summary Dismissal;
RCFC 12(b)(1) Signed by Judge Hewitt.

05-755C • GALEN MEDICAL ASSOCIATES, INC.,v. UNITED STATES OF AMERICA

Filed 11/20/2006
Post-award bid protest; interested party; prejudice; standing; administratively-dissolved corporation; reinstatement of corporate status after contract award and after filing suit; negotiated "best value" procurement; and discussions; clarifications; agency action not arbitrary or capricious. Signed by Judge Merow.

06-471C • DATA MONITOR SYSTEMS, INC., v. UNITED STATES OF AMERICA

Filed 11/20/2006
Bid Protest: This court does not have jurisdiction under 28 U.S.C. § 1491(b) to enjoin the termination of a contract,
and will not enjoin a resolicitation where the protestor has failed to point to any violation of a specific statute or
regulation and has failed to demonstrate that the agency's decision to resolicit was arbitrary Signed by Judge Wiese.

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