USCFC General Jurisdiction-Reported

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18-628 • MCLEOD GROUP, LLC v. USA

Filed 04/04/2019
REPORTED MEMORANDUM OPINION AND ORDER Granting Defendant's Partial Motion to Dismiss; Dismissing Counts I, II, and V of the Complaint. Response to the remaining counts of the Complaint due on or before 5/20/2019. Signed by Judge Lydia Kay Griggsby. (mg) Service on parties made.

Keywords: re: Reported Memorandum Opinion and Order, Contract Disputes Act; Blanket Purchase Agreement; Subject-Matter Jurisdiction; RCFC 12(b)(1); Breach of Contract.

15-1072 • ST. BERNARD PARISH GOVERNMENT v. USA

Filed 04/04/2019
REPORTED OPINION denying Defendant's motion to dismiss. Signed by Senior Judge Marian Blank Horn. (td) Service on parties made.

Keywords: Motion to Dismiss; Breach of Contract; Monetary Damages; Equitable Relief; Indemnification; Standing; Equal Access to Justice Act.

17-1600 • ANSLEY WALK CONDOMINIUM ASSOCIATION, INC. v. USA

Filed 04/02/2019
REPORTED ORDER granting Motion for Partial Summary Judgment; denying [26] Cross Motion. Signed by Senior Judge Loren A. Smith. (mr) Service on parties made.

18-945 • ZACCARI v. USA

Filed 04/02/2019
REPORTED OPINION on defendant's Motion to Dismiss, granting in part, as to Counts II and III, and denying in part, as to Count I. Pursuant to RCFC 54(b), because there is no just reason for delay, the clerk's office is directed to ENTER final judgment DISMISSING Count II and Count III of plaintiff's complaint for lack of subject-matter jurisdiction, without prejudice. On or before 4/26/2019, the parties shall CONFER and FILE a joint status report in this matter. The status report shall include the parties' positions on a stay in this matter pending the outcome of related litigation in the district courts, and an agreed-upon schedule for proposed further proceedings in this matter should the court determine that a stay is not warranted. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made.

Keywords: re: Reported Opinion on Defendant's Motion to Dismiss. Copyright; 28 U.S.C. § 1498(b) (2012); Claim for Infringement of Software Developed Independently of Contract Work for the Government; 28 U.S.C. § 1500 (2012); Whether Two Suits Filed Simultaneously in District Courts Bar Suit in This Court. (TQ)

18-607 • BP AMERICA PRODUCTION COMPANY v. USA

Filed 04/01/2019
REPORTED OPINION AND ORDER granting in part and denying in part MOTION to Dismiss pursuant to Rules 12 (b)(1) and (6) filed by USA. Status Report due by 5/1/2019. Signed by Judge Thomas C. Wheeler. (dh) Service on parties made.

Keywords: Displacing Tucker Act; Specific Remedial Scheme; Waiver of Sovereign Immunity; Exhaustion; Federal Oil and Gas Royalty Management Act of 1982; Royalty Simplification and Fairness Act of 1996; 30 U.S.C. § 1721; 30 U.S.C. § 1724; Statute of Limitations; 28 U.S.C. § 2501; RCFC 9(k); Subject-Matter Jurisdiction; RCFC 12(b)(1); Failure to State a Claim; RCFC 12(b)(6) re: Order on Motion to Dismiss - Rule 12(b)(1) and (6), Reported Opinion.

18-1559 • KSC BOSS ALLIANCE, LLC v. USA

Filed 03/29/2019
PUBLIC OPINION AND ORDER denying Motion for Judgment on the Administrative Record; granting [35] Cross-Motion; granting [36] Cross-Motion. Signed by Judge Elaine D. Kaplan. (kb) Service on parties made.

Keywords re [55]: Pre-Award Bid Protest; 28 U.S.C. § 1491; Exclusion from the Competitive Range; FAR 15.306; Judgment on the Administrative Record; NASA.

16-798 • LABATTE v. USA

Filed 03/29/2019
REPORTED OPINION granting Renewed Motion to Dismiss Count II. Signed by Chief Judge Margaret M. Sweeney. JPSR due 4/30/2019. (pp) Service on parties made.

Keywords -- Keepseagle Litigation; RCFC 12(b)(6); Failure to State a Claim Upon Which Relief Can Be Granted; Contract Interpretation; Contractual Duty; Breach; Remedy.

15-1567 • SWARTZLANDER v. USA

Filed 03/29/2019
REPORTED OPINION granting Motion to Dismiss. Signed by Senior Judge Mary Ellen Coster Williams. (TF3) Service on parties made.

Keywords: re: Fifth Amendment Taking; Statute of Limitations; Accrual of Cause of Action; Erosion; Stabilization Doctrine; Accrual Suspension Doctrine. (TF3)

18-2001 • ESKRIDGE & ASSOCIATES v. USA

Filed 03/27/2019
REPORTED OPINION: Reflecting redactions from the opinion and order previously entered on March 19, 2019. Signed by Senior Judge Charles F. Lettow.

Keywords: re: Reported Opinion: Post-award bid protest; standing; change in terms of solicitation as a result of corrective action; realism analysis of proposed professional compensation rates; FAR § 52.222-46.

18-1483 • XOTECH, LLC v. USA

Filed 03/26/2019
REPORTED ORDER. Reported Opinion of this Court's March 21, 2019 Opinion Granting United States' Cross-Motion for Judgment on the Administrative Record and Denying Plaintiff's Motion for Judgment on the Administrative Record. Signed by Senior Judge Nancy B. Firestone. (gd) Service on parties made.

Keywords: re: Reported Order, Bid Protest; Pre-award Protest; Judgment on the Administrative Record; OHA Appeal; Service-Disabled-Veteran-Owned.

18-856 • CITIZANT, INC. v. USA

Filed 03/25/2019
REPORTED OPINION Reissuing for Publication Opinion and Order granting [53] Plaintiff's Motion for Judgment on the Administrative Record; denying [63] Defendant's Cross Motion for Judgment on the Administrative Record; and denying [82] Defendant-Intervenor's Motion for Judgment on the Administrative Record. Signed by Chief Judge Margaret M. Sweeney.

Keywords: re: Postaward Bid Protest; RCFC 52.1; Cross-Motions for Judgment; Failure to Follow Solicitation Requirements; Technical Evaluation; Cost/Price Evaluation

15-553 • EBY v. USA

Filed 03/22/2019
REPORTED OPINION and ORDER granting Defendant's Motion for Summary Judgment and denying [67] Plaintiff's Cross-Motion for Summary Judgment. The case is dismissed. The Clerk is directed to enter judgment. Signed by Senior Judge Charles F. Lettow.

Keywords: re: Claim by federal employee for damages attendant to breach of a settlement agreement; summary judgment; RCFC 56(a); no genuine dispute as to any material fact; discretionary promotion not a basis for damages; receipt of a prior award from the EEOC provided plaintiff with complete relief.

18-1568 • LAND SHARK SHREDDING, LLC v. USA

Filed 03/21/2019
REPORTED OPINION of this court's March 1, 2019 opinion, see ECF [23], issued under seal. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made.

Keywords: re: Reported Opinion. Post-Award Bid Protest; Alleged Proposal Evaluation Errors; Price Reasonableness of a Proposal Submitted by a Federal Supply Schedule Contractor; Preference for a Service-Disabled Veteran-Owned Small Business; Preliminary Injunction Request. (TQ)

18-801 • BROWN et al v. USA

Filed 03/15/2019
REPORTED ORDER denying Motion to Dismiss - Rule 12(b)(1). Defendant shall file its answer to Plaintiffs' complaint no later than 5/14/19. Signed by Senior Judge Edward J. Damich. (co) Service on parties made. (Main Document 14 replaced on 3/15/2019) (sh) as per chamber request. Modified on 3/15/2019

Keywords: Motion to Dismiss, Subject Matter Jurisdiction, Stabilization Doctrine, Continuing Claims Doctrine, Accrual, Boling v. United States, re: Order Denying Defendant's Motion to Dismiss, ECF No. 14.

17-903 • NORTH AMERICAN LANDSCAPING CONSTRUCTION & DREDGE COMPANY, INC. v. USA

Filed 03/15/2019
REPORTED OPINION granting in part and denying in part defendant's Motion for Summary Judgment; denying plaintiff's [18] Cross Motion. The parties shall FILE a Joint Status Report on or before 4/12/2019 proposing the next steps in this litigation. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made.

Keywords: re: Order on Motion for Summary Judgment, Order on Cross Motion, Reported Opinion. Contract; Contract Disputes Act of 1978, 41 U.S.C. §§ 7101-7109 (2012); Dredging Contract; Differing Site Condition Claim; Superior Knowledge Claim; Barge Traffic Delay Claim; Severe Weather Delay Claim; Completion Survey Delay Claim; Return of Liquidated Damages Claim; Equitable Adjustment Claim; Re-dredged Quantity Costs Claim; Summary Judgment; RCFC 56. (TQ)

12-303 • HITKANSUT LLC et al v. USA

Filed 03/15/2019
REPORTED Order and OPINION granting in part and denying in part Plaintiff's request for costs and attorneys' fees. The Clerk is directed to enter final judgment for plaintiff in the amount of $4,387,899.54. Signed by Senior JudREPORTED Order and OPINION granting in part and denying in part [243] Plaintiff's request for costs and attorneys' fees. The Clerk is directed to enter final judgment for plaintiff in the amount of $4,387,899.54. Signed by Senior Judge Charles F. Lettow. (pp)ge Charles F. Lettow.

Keywords: re: Patent case; motion for award of attorneys' fees and expenses pursuant to 28 U.S.C. § 1498(a); prevailing plaintiffs; jurisdiction; standing; patent owners' fee agreements with counsel; findings regarding justification for the government's position; reasonable attorneys' fees, expense of expert witnesses, and costs.

14-183 • IDEKER FARMS, INC., et al v. USA

Filed 03/11/2019
REPORTED OPINION denying Motion for Reconsideration ; denying [436] Motion for Reconsideration ; (Proposed schedule for resolving remaining issues due by 3/22/2019). Signed by Senior Judge Nancy B. Firestone. (js) Service on parties made. (Main Document 466 replaced on 3/11/2019) (lld). (Main Document 466 replaced on 3/13/2019 to edit footnote 6 on page 19 of the opinion)

Keywords: re: Motion for Reconsideration; Fifth Amendment Taking; Missouri River; Flooding; Liability; Causation.

18-1641 • AMMON v. USA

Filed 03/07/2019
OPINION AND ORDER: The Clerk is directed to enter judgment. Signed by Chief Judge Margaret M. Sweeney. (ac7) Service on parties made. (Certified Mail # 7017 1450 0000 1346 1437)

Keywords: Sua Sponte Dismissal; Sovereign Citizen; Pro Se Plaintiff; Subject-Matter Jurisdiction; RCFC 12(h)(3); Frivolous Claims; 28 U.S.C. § 1500

18-1561 • CONLEY & ASSOCIATES, INC. v. USA

Filed 02/27/2019
REPORTED OPINION and ORDER denying Plaintiff's Motion for Judgment on the Administrative Record and granting [34] Defendant's Motion for Judgment on the Administrative Record. Signed by Judge Thomas C. Wheeler. (dh) Service on parties made.

Keywords: Corrective Action; Rational Basis Standard; Key Personnel; Bait and Switch; Best Value Determination; Agency Discretion; Motion for Permanent Injunction; Likelihood of Success on the Merits; Irreparable Harm; Balance of Hardships; Public Interests; 28 U.S.C. § 1491(b); RCFC 65(d); Denying Injunctive Relief re: Reported Opinion.

17-1662 • ZEIDMAN TECHNOLOGIES, INC. v. USA

Filed 02/26/2019
RE-ISSUE of the court's REPORTED OPINION originally filed on February 11, 2019, See ECF No. [99]. This opinion was re-issued in order to clarify several instances in which the court referred to plaintiff, but should have referred to plaintiff's counsel. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made.

Keywords: re: Reported Opinion. Violation of Protective Order; Sanctions; RCFC 16(f). (TQ)

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