USCFC General Jurisdiction-Reported

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04-1575C • TIMOTHY T. AGEE et al., v. UNITED STATES OF AMERICA

Filed 05/23/2007
Change in Firefighters' Tour of Duty; Back Pay Act; Fair Labor Standards Act; Firefighters Pay Reform Act; Remote Worksite Allowance; Uncommon Work Tour Signed by Judge Wheeler.

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

Filed 05/22/2007
Post-Award Bid Protest; Motion to Supplement the Administrative Record; Motion for Leave to File an Amended Complaint Signed by Judge Hewitt.

06-466C • DISTRIBUTED SOLUTIONS, INC, AND STR, L.L.C. v. UNITED STATES OF AMERICA

Filed 05/22/2007
Procurement protest; jurisdiction; subcontractors Signed by Judge Merow.

04-1365C • CHEVRON U.S.A., INC., v. UNITED STATES OF AMERICA

Filed 05/21/2007
Attorney Client Privilege; Attorney-Work Product Privilege; Deliberative Process Privilege Signed by Judge Braden.

04-541L • STOCKTON EAST WATER DISTRICT, CENTRAL SAN JOAQUIN WATER DISTRICT, COUNTY OF SAN JOAQUIN, CITY OF STOCKTON, and CALIFORNIA ...

Filed 05/18/2007
STOCKTON EAST WATER DISTRICT, CENTRAL SAN JOAQUIN WATER DISTRICT, COUNTY OF SAN JOAQUIN, CITY OF STOCKTON, and CALIFORNIA WATER SERVICE COMPANY v. UNITED STATES OF AMERICA Pleading and practice; motion for reconsideration; RCFC 59(a); contracts; breach of contract; summary judgment; takings; Reclamation Projects Authorization and Adjustment Act of 1992, Pub. L. No.102-575, 106 Stat. 4600 (1992); RCFC 52(c) judgment on partial findings; third-party beneficiary status; sovereign acts doctrine and unmistakability doctrine; contract interpretation - plain meaning and ambiguity; substantial performance of contract; adverse inferences to be drawn from non-testifying witnesses; viability of takings claim after full prosecution of contract claims. Signed by Judge Miller, C..

05-677C • TAMERLANE, LIMITED, PARK TERRACE LIMITED, PARK TERRACE EAST LIMITED, and MULLICA WEST LIMITED v. UNITED STATES OF AMERICA

Filed 05/18/2007
Contracts, breach of contracts, Franconia Associates v. United States, 536 U.S. 129 (2002); Housing Act of 1949, Pub. L. No. 81-171, 63 Stat. 413; jurisdiction; statute of limitations; 25 U.S.C. § 2501 (2000); Emergency Low Income Housing Preservation Act of 1987, Pub. L. No. 100-242, 101 Stat. 1815 (1988) ("ELIHPA") Signed by Judge Miller, C..

05-1189T • THOMAS H. McGANN and EVELYN G. McGANN v. UNITED STATES OF AMERICA

Filed 05/17/2007
Interest applied to an underpayment of tax under former I.R.C. § 6621(c) for "tax motivated transactions;" statute of limitations on administrative claim; application to partner of findings and conclusions in a TEFRA partnership case; Final Partnership Administrative Adjustment; computational adjustment; notice of income tax examination changes; notice of balance due Signed by Judge Lettow.

99-4451L • JOHN H. BANKS, ET AL., v. UNITED STATES OF AMERICA

Filed 05/15/2007
Takings; Motion for Partial Dismissal; Statute of Limitations; Whether Action Can Accrue Prior to Issuance of Government Report Signed by Judge Hewitt.

07-237C • CIRCLE LINE - STATUE OF LIBERTY FERRY, INC., v. UNITED STATES OF AMERICA

Filed 05/14/2007
Pre-Award Bid Protest: A motion for a preliminary injunction and a temporary restraining order will not be granted where (1) plaintiff has little likelihood of success on the merits since the evidence does not support a finding that plaintiff possesses an implied right of preference in contract renewal; and (2) plaintiff cannot demonstrate irreparable harm when it has available to it a contract remedy Signed by Judge Wiese.

95-250C • 1ST HOME LIQUIDATING TRUST, et al., v. UNITED STATES OF AMERICA

Filed 05/11/2007
Summary Judgment; Winstar line of cases; Voluntary Supervisory Conversion; D & N Bank v. United States, 331 F.3d. 1374 (Fed. Cir. 2003); 1st Commerce v. United States, 335 F.3d 1373 (Fed. Cir. 2003); Anderson v. United States, 344 F.3d 1343 (Fed. Cir. 2003); "Ordinary Principles of Contract;" Money-Back Restitution; Material Breach Signed by Judge Smith.

07-18C • DEBRA J A FIEBELKORN, v. UNITED STATES OF AMERICA

Filed 05/08/2007
Motion to Dismiss for Failure to State a Claim Within the Jurisdiction of the Court Signed by Judge Hewitt.

07-192C • FLORENCE WILSON NZONGDA, v. UNITED STATES OF AMERICA

Filed 05/07/2007
Pro Se Plaintiff; Application to Proceed In Forma Pauperis; Allegations Sounding in Tort; Failure to State a Claim Upon Which the Court Can Grant Relief; Dismissal with Prejudice Signed by Judge Wheeler.

07-18C • DEBRA J A FIEBELKORN, v. UNITED STATES OF AMERICA

Filed 05/07/2007
Application to Proceed in Forma Pauperis; Determination of Entitlement to Proceed Under 28 U.S.C. § 1915(a)(1); Determination that Plaintiff is "Unable to Pay . . . Fees" Signed by Judge Hewitt.

02-1622C • BLUEPORT COMPANY, LLP, v. UNITED STATES OF AMERICA

Filed 05/07/2007
Copyright Infringement; Waiver of Sovereign Immunity; 28 U.S.C. § 1498(b); Affirmative Defense; Jurisdiction; Work Made for Hire Doctrine Signed by Judge Block.

06-47C • PHILLIPS/MAY CORPORATION, v. UNITED STATES OF AMERICA

Filed 05/03/2007
Motion for reconsideration of final judgment, manifest error of fact or law, intervening change in law, previously unavailable evidence, manifest injustice, res judic ata, claim preclusion, judgment in prior action as bar to later action asserting claims based on same transactional facts, fairness, due process, careful inquiry, cautious restraint, clear and persuasive basis for precluding litigation of claims Signed by Judge Miller, G..

99-4451L • JOHN H. BANKS, ET AL., v. UNITED STATES OF AMERICA

Filed 05/03/2007
Takings; Motion for Partial Dismissal; Statute of Limitations; Law of the Case; "Justifiable Uncertainty" Regarding Extent of Damage by Shoreline Erosion; Whether Time of Accrual of Action is Determined by an Objective or Subjective Standard Signed by Judge Hewitt.

05-608 • FRANCISCO JAVIER RIVERA AGREDANO, ET AL., v. UNITED STATES OF AMERICA

Filed 05/03/2007
Motion for Reconsideration, RCFC 60(b)(2); RCFC 60(b)(6); RCFC 59 Signed by Judge Hewitt.

91-1204C • MCDONNELL DOUGLAS CORPORATION AND GENERAL DYNAMICS CORPORATION, v. UNITED STATES OF AMERICA

Filed 05/03/2007
Navy Procurement; A-12 "Avenger"; Stealth Technology; Research & Development Contract; Termination for Default; Failure to Make Progress; Lisbon Test; Contract Completion Date; 48 C.F.R. § 52.249-9; Termination Memo; Application of DeVito Test; Waiver of Delivery Date; Unilateral Contract Modification; Reasonable and Enforceable Schedule; Lost Profits; Loss Ratio; Contracting Officer; Notice to Cure; Adequate Assurances Signed by Judge Hodges.

06-675C • BEARINGPOINT, INC., v. UNITED STATES OF AMERICA

Filed 04/30/2007
GSA Schedule Contract, Blanket Purchase Agreement, and Task Orders; Authority of Ordering Agency or GSA Contracting Officer to Terminate for Cause; Subject Matter Jurisdiction Signed by Judge Wheeler.

99-363C • TRAFALGAR HOUSE CONSTRUCTION, INC., v. UNITED STATES OF AMERICA

Filed 04/30/2007
Certification; Contract Disputes Act, 41 U.S.C. § 601 et seq.; Counterclaim, 28 U.S.C. § § 1503, 2508; Equitable Adjustment; False Claims Act, 31 U.S.C. § 3729; Interest; Jurisdiction Signed by Judge Braden.

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