USCFC General Jurisdiction-Reported

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21-1268 • PAIGE v. USA

Filed 04/14/2022
REPORTED OPINION denying MOTION to Dismiss pursuant to Rule 12(b)(6) filed by USA. The clerk's office is directed to LIFT to stay on plaintiff's motion to certify a class, ECF No. [17]; on or before 5/13/2022, defendant is directed to FILE its answer to plaintiff's complaint; and, on or before 5/27/2022, defendant is directed to FILE its response to plaintiff's motion to certify a class. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made.

Keywords: re: Reported Opinion & Order on Motion to Dismiss; RCFC 12(b)(6); Combat-Related Special Compensation; 10 U.S.C. § 1413a; Barring Act; 31 U.S.C. § 3702. (TQ)

22-201 • KAETZ v. USA

Filed 04/12/2022
REPORTED OPINION denying Motion for Reconsideration of [7] Reported Opinion. Signed by Senior Judge Margaret M. Sweeney. (kb1)

Keywords: re: Order on Motion for Reconsideration - Rule 59(a), Reported Opinion -- Pro se plaintiff; motion for reconsideration; claim for breach of a plea agreement; claim that the Constitution is a contract; waiver of Fifth Amendment takings claim

21-1817 • G4S SECURE INTEGRATION LLC et al v. USA

Filed 04/08/2022
REPORTED OPINION. Signed by Judge Richard A. Hertling. (kac) Service on parties made.

93-655 • ANAHEIM GARDENS, et al v. USA

Filed 04/08/2022
REPORTED OPINION denying MOTION to Dismiss pursuant to Rules 12 (b)(1) and (6), denying alternatively, Motion for Summary Judgment as moot; and denying [542] Motion for Leave to File as moot. The pending motions in limine in this case, ECF No.[512], ECF No. [513], ECF No. [514], ECF No. [529], and ECF No. [532], shall remain STAYED until further order of the court. On or before 4/22/2022, the parties are directed to CONFER and FILE a joint status report informing the court whether the parties' motions in limine can be decided as currently filed; whether any of the parties' pretrial filings listed in the Fourth Amended Scheduling Order, ECF No. [503], and in the chart above, require updating prior to trial in this matter; whether the parties believe that thirteen days will be sufficient time for trial in this case; and proposing dates for the pretrial conference and trial in this matter. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made.

Keywords: re: Opinion and Order on Motion to Dismiss - Motion to Dismiss; RCFC 12(b)(1); Standing; Limited Partnership; Legal Existence. (TQ) Modified on 4/8/2022 to add Motion to Dismiss and RCFC 12(b)(1) (tb).

21-911 • POWER DENSITY SOLUTIONS LLC v. USA

Filed 04/08/2022
REPORTED OPINION 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 5/9/2022). Signed by Chief Judge Elaine D. Kaplan. (aa) Service on parties made.

18-1115 • KING et al v. USA

Filed 04/08/2022
REPORTED OPINION. Signed by Judge Richard A. Hertling. (kac) Service on parties made.

21-1876 • SCHNEITER v. USA

Filed 04/07/2022
REPORTED OPINION DISMISSING CASE. on MOTION to Dismiss pursuant to Rules 12 (b)(1) and (6) filed by USA. on [14] MOTION filed by KARL DAVID SCHNEITER; granting [13] Motion to Dismiss - Rule 12(b)(1) and (6); denying [14] Motion for court review of agency counsel's conduct. The court DISMISSES plaintiff's claim for breach of contract for failure to state a claim upon which relief can be granted, with prejudice, and plaintiff's remaining claims for lack of subject-matter jurisdiction, without prejudice. The Clerk is directed to enter judgment. Signed by Senior Judge Margaret M. Sweeney. (jb2) Service on parties made. (Main Document 30 replaced on 4/7/2022 to correct date of decision) (ac7).

Keywords: re: Pro Se Plaintiff; RCFC 12(b)(1); RCFC 12(b)(6); Tort; Administrative Procedure Act, 5 U.S.C. § 706; Violation of Statutes and Regulations; Breach of Contract; Breach of Fiduciary Duty.

11-130 • RETURN MAIL, INC. v. USA

Filed 04/06/2022
REPORTED OPINION on MOTION for Summary Judgment of Invalidity under 35 USC 101 filed by USA, [171] MOTION for Summary Judgment Under §§ 305 and 102 filed by USA, [172] MOTION for Partial Summary Judgment as to Defendant The United States' Section 101 Affirmative Defense filed by RETURN MAIL, INC., and [173] MOTION for Partial Summary Judgment on Defendant's Section 305 Affirmative Defense filed by RETURN MAIL, INC.; granting [169] Motion for Summary Judgment; denying as moot [171] Motion for Summary Judgment; denying [172] Motion for Partial Summary Judgment; denying [173] Motion for Partial Summary Judgment. The Clerk is directed to enter judgment. Signed by Senior Judge Charles F. Lettow.

Keywords: re: Order on Motion for Summary Judgment: patent infringement case; persuasive, but not precedential, effect of prior decision of the Federal Circuit that was reversed by the Supreme Court on jurisdictional grounds; patent-eligibility under 35 U.S.C. Sec. 101.

21-1570 • IAP WORLDWIDE SERVICES, INC. v. USA

Filed 04/05/2022
REPORTED OPINION (Public Version): GRANTING IN PART AND DENYING IN PART Motion for Judgment on the Administrative Record, filed by the United States; GRANTING IN PART AND DENYING IN PART [36] Motion for Judgment on the Administrative Record, filed by IAP Worldwide Services, Inc.; GRANTING IN PART AND DENYING IN PART [37] Motion for Judgment on the Administrative Record, filed by Vectrus Systems Corporation. Signed by Judge Matthew H. Solomson. (ahn) Service on parties made.

18-1964 • PRESSLY et al v. USA

Filed 04/01/2022
REPORTED OPINION granting in part and denying in part Motion for Partial Summary Judgment; granting in part and denying in part [71] Cross-Motion for Partial Summary Judgment. Joint Status Report due by 4/15/2022. Updated Notices due by 4/15/2022. Signed by Senior Judge Margaret M. Sweeney. (kb1)

Keywords: re: Order on Motion for Partial Summary Judgment,, Order on Cross Motion [Dispositive],, Reported Opinion, -- Trails Act; Cross-Motions for Summary Judgment; Property Interest Acquired by the Railroad Company; Indiana Law; Legislative Charter; Adverse Possession; Prescription; Centerline Presumption; Competing Claims of Property Owners Association and Individual Property Owners; Lost Conveyance Instruments; ICC Valuation Schedules and Maps; Burdens of Proof; Quitclaim Deed; Common Property

19-471 • ATS FORD DRIVE INVESTMENT, LLC et al

Filed 04/01/2022
REPORTED OPINION granting in part and denying in part Motion for Partial Summary Judgment; granting in part and denying in part [110] Cross-Motion for Partial Summary Judgment. Joint Status Report due by 4/15/2022. Updated Notice due by 4/15/2022. Signed by Senior Judge Margaret M. Sweeney. (kb1)

Keywords: re: Order on Motion for Partial Summary Judgment,, Order on Cross Motion [Dispositive],, Reported Opinion, -- Trails Act; Cross-Motions for Summary Judgment; Property Interest Acquired by the Railroad Company; Indiana Law; Legislative Charter; Adverse Possession; Prescription; Centerline Presumption; Competing Claims of Property Owners Association and Individual Property Owners; Lost Conveyance Instruments; ICC Valuation Schedules and Maps; Burdens of Proof; Quitclaim Deed; Common Property

22-3 • GRITTER-FRANCONA, INC v. USA

Filed 03/31/2022
REPORTED OPINION AND ORDER, reflecting redactions to the opinion previously entered under seal on March 24, 2022. Signed by Senior Judge Charles F. Lettow.

Keywords re Reported Order: Post-award bid protest; evaluation of technical factors and past performance; best value determination.

21-1629 • B.H. AIRCRAFT COMPANY INC. v. USA

Filed 03/29/2022
REPORTED OPINION. Signed by Judge Zachary N. Somers. (ktm) Service on parties made.

21-2150 • PROGRESS FOR BAKERSFIELD VETERANS, LLC v. USA

Filed 03/29/2022
REPORTED OPINION. Signed by Senior Judge Eric G. Bruggink. (hem) Service on parties made. (Main Document 74 replaced on 4/4/2022 to attach corrected PDF)

Keywords: re: Reported Opinion: Bid protest; post-award bid protest; 28 U.S.C. § 1491(b)(1); FAR 9.105-2(a)(1) (2018); RCFC 12(b)(1); RCFC 12(b)(6); prejudice.

22-302 • ALEJANDRO v. USA

Filed 03/29/2022
Order of Dismissal: The Clerk is directed to ENTER judgment DISMISSING plaintiff's complaints for lack of subject-matter jurisdiction, pursuant to RCFC 12(h)(3). The Clerk is further directed to REJECT any future submissions in this matter unless such filings comply with this Court's rules regarding post-dismissal submissions. Signed by Judge David A. Tapp. (krm) Service on parties made; plaintiff served via first class mail. (dls) Modified docket text on 3/29/2022

14-388 • HARDY et al v. USA

Filed 03/28/2022
REPORTED OPINION granting in part and denying in part Supplemental MOTION for Attorney Fees. The court awards plaintiffs $70,772.27 in supplemental attorneys' fees. The Clerk is directed to enter judgment. Signed by Senior Judge Margaret M. Sweeney. (am) Service on parties made.

Keywords: re: Order on Supplemental Motion for Attorney Fees, Reported Opinion: Uniform Relocation Assistance and Real Property Acquisition Policies Act; RCFC 54(d); Supplemental Motion for Attorneys Fees; Reasonableness of Fees and Costs.

18-891 • DUKE ENERGY FLORIDA, LLC v. USA

Filed 03/28/2022
REPORTED OPINION of the Court's SEALED March 21, 2022 Opinion, ECF No. 92. The parties did not propose any redactions, ECF No. 96. Signed by Judge Edward H. Meyers. (tfc) Service on parties made.

21-1765 • E&L CONSTRUCTION GROUP, LLC v. USA

Filed 03/25/2022
REPORTED OPINION of the court's March 4, 2022 **SEALED**OPINION AND ORDER denying [35] Plaintiff's Motion for Judgment on the Administrative Record; denying [37] intervenor-defendant's Cross Motion; denying 39 defendant's Cross Motion; the clerk's office is directed to STAY this matter until further order of the court; and pursuant to 28 U.S.C. § 1491(b)(2) and RCFC 52.2(a), plaintiffs claims are REMANDED to the United States Small Business Administration so that the agency may address the matters identified in this opinion. The initial duration of the remand is one-hundred eighty days from the date of this opinion, or until August 31, 2022, which may be extended, upon motion, pursuant to RCFC 52.2(c), or which may be shortened should the agency complete its reconsideration process sooner. On or before 3/11/2022, defendant is directed to FILE a status report providing the court with the name and address of the agency representative on whom the court should serve a certified copy of this opinion and order. On or before 3/25/2022, the parties are directed to CONFER and FILE a notice attaching the parties agreed upon redacted version of this opinion, with all competition-sensitive information blacked out. Pursuant to RCFC 52.2(b)(1)(D), the parties are directed to FILE a joint status report on or before 5/3/2022 and 7/5/2022 indicating the status of proceedings on remand. Pursuant to RCFC 52.2(e), the parties are directed to FILE a notice within five days after the conclusion of remand proceedings that sets forth the parties positions regarding whether further litigation of this matter is necessary. If further proceedings are appropriate, the parties shall include a proposed schedule to govern this case going forward. Signed by Judge Patricia E. Campbell-Smith. (mp) Service on parties made.

Keywords: re: Reported Opinion. Bid Protest; Unconditional Ownership.

19-510 • PHILADELPHIA ENERGY SOLUTIONS REFINING AND MARKETING, LLC v. USA

Filed 03/25/2022
REPORTED OPINION on MOTION for Partial Summary Judgment filed by PHILADELPHIA ENERGY SOLUTIONS REFINING AND MARKETING, LLC, [53] CROSS MOTION and RESPONSE to [50] Motion for Partial Summary Judgment, filed by PHILADELPHIA ENERGY SOLUTIONS REFINING AND MARKETING, LLC filed by USA, [28] MOTION for Judgment on the Pleadings filed by USA; denying [50] Motion for Partial Summary Judgment; granting [53] Cross Motion; finding as moot [28] Motion for Judgment on the Pleadings. Signed by Judge Edward H. Meyers. (rmc) Service on parties made.

20-1237 • RAVI v. USA

Filed 03/25/2022
REPORTED OPINION. Signed by Senior Judge Nancy B. Firestone.(dpk) Service on parties made.

Keywords: re: Reported Opinion; Motion to Dismiss; RCFC 12(b)(1); Sovereign Capacity Doctrine; RCFC 56(d); RCFC 15; Futility

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