USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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15-986 • BRATCHER et al v. USA

Filed 04/19/2018
OPINION denying Motion for Reconsideration, directing the Clerk to enter judgment; lifting the stay of briefing related to plaintiffs' bill of costs; and directing defendant to file any objection to the bill of costs by 5/7/18. Signed by Judge Elaine D. Kaplan. (bl) Service on parties made. Modified on 4/24/2018 to edit docket text and add due date for objection to bill of costs.

Keywords: re: Reported Opinion; Rails-to-Trails; Fifth Amendment Takings Clause; Uniform Relocation Assistance and Real Property Acquisition Policies Act; 42 U.S.C. § 4654; Attorney Fees; Fee Shifting; Forum Rate; Davis County Exception; Motion for Reconsideration; RCFC 59(a).

15-1583 • ALFORD v. USA

Filed 04/18/2018
REPORTED OPINION: Denying Motion for Judgment on the Administrative Record; Granting [58] Cross Motion; The Clerk is directed to enter judgment. Signed by Judge Charles F. Lettow. U.S. Certified Mail Tracking #7017 1450 0000 1346 4636(vds) Service on parties made.

Keywords: Claim by military veteran for disability retirement benefits; 10 U.S.C. § 1201; review of a decision by the Board for Correction of Naval Records; substantial evidence.

17-877 • COMMON GROUND HEALTHCARE COOPERATIVE v. USA

Filed 04/17/2018
REPORTED OPINION granting--with respect to the proposed Cost-Sharing Reduction Class--plaintiff's Motion to Certify Class and [14] Motion to Appoint Counsel. Defendant shall provide plaintiff with a list of potential class members by 5/18/2018. Plaintiff shall file a proposed notice plan and opt-in schedule by 5/30/2018. Signed by Judge Margaret M. Sweeney. (kb1)

Keywords: re: Order on Motion to Certify Class, Order on Motion to Appoint Counsel, Reported Opinion -- Affordable Care Act; Cost-Sharing Reduction Payments; Motion for Class Certification; RCFC 23

18-84 • AMERICAN CORRECTIONAL HEALTHCARE, INC. v. USA

Filed 04/17/2018
REPORTED OPINION reissuing **SEALED** OPINION and ORDER for publication. Signed by Judge Margaret M. Sweeney. (kb1)

Keywords: re: Reported Opinion -- Postaward Bid Protest; Cross-Motions for Judgment on the Administrative Record; Scope of Evaluation of Technical Proposals; Meaningful and Equal Discussions; Best Value Determination; Tradeoff Analysis; Permanent Injunction; Waiver

17-1838 • LUCAS v. USA

Filed 04/16/2018
REPORTED OPINION: granting Motion to Dismiss - Rule 12(b)(1); The Clerk is directed to enter judgment. Signed by Judge Patricia E. Campbell-Smith. (ac7) Service on parties made. (Article No. 7017 1450 0000 1346 1246)

Keywords: Motion to Dismiss, RCFC 12(b)(l); Statute of Limitations, Subject Matter Jurisdiction.

17-2047 • PINNACLE SOLUTIONS, INC. v. USA

Filed 04/13/2018
REPORTED MEMORANDUM OPINION AND ORDER. Signed by Judge Lydia Kay Griggsby. (rdb) Service on parties made.

Keywords: Post-Award Bid Protest; Judgment Upon the Administrative Record; RCFC 52.1; Injunctive Relief; Supplementing the Administrative Record, re: Reported Memorandum Opinion and Order.

13-500 • HANOVER INSURANCE COMPANY (THE) v. USA

Filed 04/12/2018
REPORTED OPINION denying Motion to Strike Expert Report of Tim Van Noy. Defendant may disclose a surrebuttal addressing the Van Noy Report by 7/11/2018. Signed by Judge Margaret M. Sweeney.

Keywords: re: Order on Motion to Strike, Reported Opinion -- Motion to Strike Portion of Expert Report

16-747 • MAKOWIEC v. USA

Filed 04/12/2018
denying Plaintiff's Motion for Summary Judgment and granting Defendant's motion for summary judgment; REPORTED OPINION. The Clerk is directed to enter judgment. Signed by Senior Judge Edward J. Damich. (CF) Service on parties made.

Keywords: re: Motion for Summary Judgment; RCFC 56; Government Employees Training Act; 5 U.S.C. § 4103; 5 U.S.C. § 4107; 5 U.S.C. § 4101(4); 5 U.S.C. § 4108; 5 C.F.R. § 410.309; Aerolineas Argentinas v. United States, 77 F.3d 1564 (Fed. Cir. 1996); Clapp v. United States, 127 Ct. Cl. 505 (1954); Am. Tel. & Tel. Co. v. United States, 177 F.3d 1368 (Fed. Cir. 1999); Illegal Exaction; Training; Continue-in-Service Obligations; Untimeliness; ARDEC; Void Ab Initio; Contract; Agreement (CF)

17-843 • ACME WORLDWIDE ENTERPRISES, INC. v. USA

Filed 04/11/2018
REPORTED OPINION granting in part and denying in part Motion to Intervene. JPSR due 5/30/2018. Signed by Judge Margaret M. Sweeney. (pp) Service on parties made. (Main Document 29 replaced on 4/27/2018 to correct a statement in the first paragraph on page 2.)

Keywords re: Order on Motion to Intervene, Reported Opinion -- RCFC 24; Intervention as a Matter of Right; Legally Protectable Interest; Permissive Intervention; Common Question of Law or Fact; Undue Delay or Prejudice; Scope of Intervenor's Participation.

15-1252 • ARNOLD et al v. USA

Filed 04/10/2018
REPORTED OPINION granting in part and denying in part Motion for Partial Summary Judgment; granting in part and denying in part [59] Cross Motion. Signed by Senior Judge Marian Blank Horn. (td) Service on parties made.

Keywords: Fifth Amendment Taking; Rails to Trails; Fee Simple; Easement; Deed Interpretation; Adjacency; Motion to Strike.

15-1268 • DAWSON v. USA

Filed 04/10/2018
REPORTED OPINION granting in part and denying in part Motion for Partial Summary Judgment; granting in part and denying in part [73] Cross Motion. Signed by Senior Judge Marian Blank Horn. (td) Service on parties made.

Keywords: Fifth Amendment Taking; Rails to Trails; Fee Simple; Easement; Deed Interpretation; Adjacency; Motion to Strike.

17-1174 • TAHA et al v. USA

Filed 04/10/2018
REPORTED OPINION and ORDER granting Motion to Dismiss - Rule 12(b)(1); denying [17] Motion to Strike. The Clerk is directed to enter judgment. Signed by Judge Charles F. Lettow. (dls) Service on parties made. (Plaintiffs served via certified mail; Article No. 7016 3010 0000 4308 4607)

Keywords: re: Claims for tax refunds; tax paid on shareholder's portion of Subchapter S corporation's income that was reported but never received by shareholder; applicability of limitations periods on refund claims and suits: I.R.C. §§ 6511, 6532.

15-1253 • FLYING S. LAND COMPANY et al v. USA

Filed 04/10/2018
REPORTED OPINION. Signed by Senior Judge Marian Blank Horn. (td) Service on parties made.

Keywords: Fifth Amendment Taking; Rails to Trails; Fee Simple; Easement; Deed Interpretation; Adjacency; Motion to Strike.

18-49 • GENERAL DYNAMICS MISSION SYSTEMS, INC. v. USA

Filed 04/09/2018
REPORTED MEMORANDUM OPINION AND FINAL ORDER. Signed by Chief Judge Susan G. Braden. (Attachments: # (1) Exhibit Court Exhibit A)(cn) Service on parties made.

Keywords: re: Reported Order; 5 U.S.C. § 706 (Administrative ProcedureAct, Scope of Judicial Review); 28 U.S.C. § 1491(b)(1) (United States Court of Federal Claims Bid Protest Jurisdiction); 41 U.S.C. §§ 355156 (Competition In Contracting Act Of 1984); 48 C.F.R. §§ 1.102-2 (Performance Standards); 8.405-2 (Order Procedures For Services Requiring A Statement Of Work); 8.405-3 (Blanket Purchase Agreements); 14.101 (Elements Of Sealed Bidding); 15.101-1 (Tradeoff Process); 15.308 (Source Selection Decision); and Rules of the United States Court of Federal Claims 24(a)(2) (Intervention Of Right); 52.1 (Motion for Judgment on the Administrative Record).

13-130 • ALMANZA v. USA

Filed 04/09/2018
REPORTED OPINION granting in part and denying in part Motion for Attorney Fees. The Clerk is directed to enter judgment. Signed by Judge Elaine D. Kaplan. (bh) Service on parties made.

Keywords: re: Attorneys' Fees; Lodestar; Avera; Davis County Exception; FLSA; Reasonable and Necessary Expenses.

17-350 • PARKER v. USA

Filed 04/06/2018
REPORTED OPINION granting in part and denying in part Motion for Attorney Fees. The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler. (ab) Service on parties made.

Keywords: re: Fair Labor Standards Act, Attorneys Fees; 29 U.S.C. § 216(b); Offer of Judgment; Burden of Proof; Billing Records.

16-49 • BAUDE v. USA

Filed 04/06/2018
REPORTED OPINION and ORDER denying Motion for Summary Judgment; granting [46] Motion for Judgment on the Administrative Record; granting in part and denying in part [46] Motion to Dismiss - Rule 12(b)(1) and (6). The Clerk is directed to enter judgment. Signed by Senior Judge Edward J. Damich. (CF) Service on parties made.

Keywords: re: Motion to Dismiss; Motion for Judgment on the Administrative Record; RCFC 52.1; RCFC 12(b)(1); RCFC 12(b)(6); Subject Matter Jurisdiction; Failure to State a Claim; 10 U.S.C. § 637; 10 U.S.C. § 632; 10 U.S.C. § 1558; 37 U.S.C. § 204; 10 U.S.C. § 638a; 10 U.S.C. § 691; 31 U.S.C. § 1341; AFI 36-2501; DoDI 1320.11; DoDI 1320.08; AFBCMR; Justiciability; Exhaustion; Special Board; Selective Continuation Board. (CF)

17-1623 • GREENE v. USA

Filed 04/05/2018
Opinion and Order: granting Motion for Leave to Proceed in forma pauperis; granting [7] Motion to Dismiss - Rule 12(b)(1) and (6); REPORTED OPINION The Clerk is directed to enter judgment. Signed by Judge Lydia Kay Griggsby. (ac7) Service on parties made.

Keywords: Prose, RCFC 12(b)(l); RCFC 12(b)(6); Subject-Matter Jurisdiction; Failure To State A Claim; Money-Mandating Source Of Law; In Forma Pauperis; HabeasCorpus; Breach Of Contract.

18-92 • VETERANS CONTRACTING GROUP, INC. v. USA

Filed 04/05/2018
REPORTED OPINION and ORDER reflecting no redactions from the opinion and order entered under seal on April 4, 2018. Signed by Judge Charles F. Lettow.

Keywords: re: Pre-award bid protest; relitigation; res judicata; inapplicability of the rule of two

17-812 • COOPER v. USA

Filed 04/04/2018
REPORTED OPINION: Granting Motion to Dismiss - Rule 12(b)(1); The Clerk is directed to enter judgment. Signed by Judge Patricia E. Campbell-Smith. (vds) Service on parties made. U.S. Certified Mail Tracking# 7017 1450 0000 1346 0980

Keywords: Motion to Dismiss; Lack of Subject Matter Jurisdiction; RCFC 12(b)(l); RCFC 12(h)(3).

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