USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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18-298 • EISENHOWER REAL ESTATE HOLDINGS, LLC v. USA

Filed 09/06/2018
REPORTED OPINION with redactions. Signed by Senior Judge Loren A. Smith. (mr) Service on parties made.

18-143 • MONTANA HEALTH CO-OP v. USA

Filed 09/04/2018
REPORTED OPINION denying Motion to Dismiss - Rule 12(b)(6); granting [13] Cross Motion. Status Report due by 10/4/2018. Signed by Judge Elaine D. Kaplan. (bh) Service on parties made.

Keywords: re: Affordable Care Act; Cost-Sharing Reductions; Moda Health Plan; Statutory Obligation; Appropriations; Budgetary Authority.

17-439 • PRESTONBACK v. USA

Filed 08/30/2018
REPORTED OPINION The Clerk is directed to enter judgment. Signed by Senior Judge Loren A. Smith. (ew) Service on parties made.

Keywords: re: RCFC 52.1; Judgment on the Administrative Record Military Pay; Voluntarily Fail; Entitlement Recoupment.

15-348 • KANSAS CITY POWER & LIGHT CO. v. USA

Filed 08/30/2018
REPORTED OPINION reissuing for publication Opinion and Order granting in part and denying in part [84] Motion to Compel. Signed by Chief Judge Margaret M. Sweeney.

Keywords: re: Motion to Compel; Attorney-Client Privilege; Work-Product Doctrine; At-Issue Waiver; Common-Interest Rule; Joint-Defense Doctrine; Attorney's Fees

15-490 • PETERSON INDUSTRIAL DEPOT, INC. v. USA

Filed 08/29/2018
REPORTED OPINION denying Motion for Partial Summary Judgment; granting [55] Cross Motion. Parties shall file a Joint Status Report by 9/17/2018. Signed by Senior Judge Nancy B. Firestone. (dpk) Service on parties made. (Main Document 81 replaced on 9/11/2018 pursuant to the court's order filed 9/11/2018) (ac7).

Keywords: re: Order on Motion for Partial Summary Judgment, Order on Cross Motion [Dispositive], Reported Opinion: Partial Summary Judgment; Breach of Contract; Claim Accrual; Standing; Defense Base Closure and Realignment Act; Deed Interpretation.

17-447 • EMIABATA v. USA

Filed 08/29/2018
REPORTED OPINION granting Motion for Summary Judgment. The Clerk is directed to enter judgment. Signed by Judge Patricia E. Campbell-Smith. (hw1) Service on parties made.

Keywords: Contract; Wrongful Termination for Default Claim; Motion for SummaryJudgment, RCFC 56.

14-1202 • RMA ENGINEERING S.A.R.L v. USA

Filed 08/29/2018
REPORTED ORDER granting in part and denying in part Motion to Dismiss - Rule 12(b)(1) and (6); denying [51] Cross Motion. The court will convene a telephone status conference in early September 2018 to discuss further proceedings. Signed by Senior Judge Susan G. Braden. Service on parties made.

Keywords: re: Reported Order on Motion to Dismiss - Rule 12(b)(1) and (6), Order on Cross Motion: Breach of Contract; Constructive Change; Contract Disputes Act of 1978, 41 U.S.C. §§ 601613 (2006); Duty of Good Faith and Fair Dealing; Federal Acquisition Regulation, 48 C.F.R. §§ 6.101 (Competition Requirements), 16.202-1 (Firm, Fixed-Price Contract), 49.103 (Methods of Settlement), 52.221-13 (Change Order Extensions), 52.233-1 (Disputes), 52.236-2 (Differing Site Conditions), 52.236-3 (Site Investigations and Conditions Affecting Work), 52.236-13 (Safety Equipment), 52.242-14 (Excusable Delays), 52.243-7 (Change Order), 52.246-12 (Inspection of Construction), 52.249-2 (Termination For Convenience), 52.249-10 (Termination For Default), 53.301-1436 (Settlement Proposal (Total Cost Basis)); Ratification; Rules of the United States Court of Federal Claims 9(k) (Pleading Requirements for Contract Claims), 11(b)(3) (Representations to the Court), 12(b)(1) (Subject Matter Jurisdiction), 12(b)(6) (Failure to State a Claim), 15 (Amending Pleadings); Safety and Health Regulations for Construction, 29 C.F.R. §§ 1926.11926.1442; Tucker Act Jurisdiction, 28 U.S.C. § 1491.

14-1165 • LIEBMAN et al v. USA

Filed 08/28/2018
REPORTED TRIAL OPINION The Clerk is directed to enter judgment. Signed by Senior Judge Robert H. Hodges, Jr.

Keywords: re: Reported Opinion: Fifth Amendment Taking; Inverse Condemnation; Laches; Permanent and Exclusive Occupation; Easement of Flow.

17-1661 • PAYNE v. USA

Filed 08/27/2018
REPORTED OPINION granting Partial Motion to Dismiss - Rule 12(b)(1) and (6). The Clerk is directed to enter judgment. Signed by Senior Judge Marian Blank Horn. (rp) Service on parties made. Plaintiff served via certified mail, article number 7017 1450 0000 1346 4414.

Keywords: re: Pro Se Plaintiff; Motion to Dismiss; Subject Matter Jurisdiction; Tort Claim; Fraud Claim; Tax Refund Claim.

17-1946 • BOGGS et al v. USA

Filed 08/27/2018
REPORTED ORDER granting Joint Motion for Conditional Certification of Collective Group and Notice and withdrawal of Plaintiffs' Motion for Conditional Certification [26] as superseded. Signed by Senior Judge Charles F. Lettow. (pp) Modified on 8/27/2018 to edit docket text per chambers

Keywords: re: Claims under the Fair Labor Standards Act, 29 U.S.C. § 216(b); collective action by similarly situated employees; conditional certification; approval of notice.

18-326 • ADVANCED MANAGEMENT STRATEGIES GROUP, INC./ REEFPOINT GROUP, LLC v. USA

Filed 08/21/2018
REPORTED OPINION. Signed by Senior Judge Eric G. Bruggink. (jpk1) Service on parties made.

Keywords: re: Reported Opinion: Post-award bid protest;Standing; Zone of activeconsideration; SDVOSB;Affiliation.

17-1830 • SHERMAN v. USA

Filed 08/20/2018
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1). The Clerk is directed to enter judgment. Signed by Senior Judge Marian Blank Horn. (dls) Service on parties made. (Plaintiff served via certified mail; Article No. 7016 3010 0000 4308 4744)

Keywords: re: Pro Se Plaintiff; Motion to Dismiss; Subject Matter Jurisdiction; Federal Retirement Benefits Claim.

17-1138 • SUMMIT TEXAS CLEAN ENERGY, LLC et al v. USA

Filed 08/20/2018
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1) and (6). The Clerk is directed to enter judgment. Signed by Senior Judge Eric G. Bruggink. (wr) Service on parties made.REPORTED OPINION granting [20] Motion to Dismiss - Rule 12(b)(1) and (6). The Clerk is directed to enter judgment. Signed by Senior Judge Eric G. Bruggink. (wr) Service on parties made.

Keywords: re: Reported Opinion; Order on Motion to Dismiss - Rule 12(b)(1) and (6): Contracts; declaratory judgment; 28 U.S.C. § 1491(a)(1) (2012);guaranty agreement; debt cancellation; cooperative agreement.

16-1647 • MYNETTE TECHNOLOGIES, INC. et al v. USA

Filed 08/17/2018
REPORTED MEMORANDUM OPINION AND ORDER CONSTRUING CERTAIN CLAIMS OF UNITED STATES PATENT NOS. 7,719,425; 7,924,156; 9,524,458; AND 9,569,777.. Signed by Senior Judge Susan G. Braden. (cn) Service on parties made.

Keywords: re: 28 U.S.C. § 1498(a) (Patent Infringement Jurisdiction);35 U.S.C. §§ 100(d) (Definitions), 112 (Specification), 281 (Remedy for Infringement of a Patent);37 C.F.R. § 1.75 (Claims);Claim Construction;Extrinsic Evidence;Intrinsic Evidence;Manual Of Patent Examining Procedure §§ 2159 (Applicability Date Provisions), 2181 (Identifying and Interpreting Means-Plus-Function Limitations);Rules of the United States Court of Federal Claims 12(b)(1) (Jurisdiction), 12(b)(6) (Failure to State a Claim), 12(e) (Motion for a More Definite Statement), 14(b) (Notice to an Interested Party), 15(a)(2) (Amendments Before Trial).

14-253 • BLACKHAWK-JAMCO v. USA

Filed 08/15/2018
REPORTED ORDER Dismissing as Moot. Signed by Senior Judge Loren A. Smith. (mr) Service on parties made.

Keywords: Dismissing as Moot, RCFC 17(a)(3), Substitution as Real Party in Interest. re: Reported Order

17-1407 • ARXIUM, INC. v. USA

Filed 08/15/2018
REPORTED OPINION. Signed by Senior Judge Victor J. Wolski. (jp) Service on parties made.

17-1275 • PARESKY et al v. USA

Filed 08/15/2018
REPORTED ORDER denying as moot Motion to Dismiss - Rule 12(b)(1); granting [19] Motion to Transfer. Signed by Senior Judge Charles F. Lettow.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1), Order on Motion to Transfer, Reported Order: Taxpayers claim for overpayment interest; invocation of I.R.C. §§ 6411, 6611(e); claim for overpayment interest not a claim for refund of tax; jurisdiction under the Tucker Act; 28 U.S.C § 1491(a)(1); statute of limitations; 28 U.S.C § 1501; split in the circuits over basis of claim to overpayment interest; transfer; 28 U.S.C § 1631

16-1565 • ALBRIGHT et al v. USA

Filed 08/13/2018
REPORTED ORDER granting in part and denying in part Cross Motion; granting in part and denying in part [23] Motion for Partial Summary Judgment; granting in part and denying in part [24] Cross Motion; granting in part and denying in part [24] Motion for Summary Judgment; granting in part and denying in part [20] Motion for Partial Summary Judgment; on [24] CROSS MOTION and RESPONSE to [20] Motion for Partial Summary Judgment, filed by JAN C. CHRISTOPHERSON, ALICE K. BLANTON, CLAUDE J. ALLBRITTON, JOHN C. DENISON, MARY BETH COUSINS, TODD A. BRIDGE, SHERRY D. CROCKER, KRISTI R. CHRISTOPHERSON, MARK CHATH MOTION for Summary Judgment filed by USA, [20] MOTION for Partial Summary Judgment filed by JAN C. CHRISTOPHERSON, ALICE K. BLANTON, CLAUDE J. ALLBRITTON, JOHN C. DENISON, MARY BETH COUSINS, TODD A. BRIDGE, SHERRY D. CROCKER, KRISTI R. CHRISTOPHERSON, MARK CHATHAM, GARY E ALBRIGHT, GEORGE F. BAKER, REBECCA A. BRIDGE, CLARENCE W. BOQUIST, CARLA C. ALBRIGHT, SCOTT R. COUSINS, MARTHA BUSH, BRAD CONGDON, JUDITH A. BATES, CAROLE J. BELLISARIO, DOUGLAS CREASY, KARLA L. ALLBRITTON, JOANNE E. BAKER, BRENDA BUTTOLPH, EDWARD J. BATES, DOLORES F. BOQUIST, [23] CROSS MOTION and RESPONSE to [20] Motion for Partial Summary Judgment, filed by JAN C. CHRISTOPHERSON, ALICE K. BLANTON, CLAUDE J. ALLBRITTON, JOHN C. DENISON, MARY BETH COUSINS, TODD A. BRIDGE, SHERRY D. CROCKER, KRISTI R. CHRISTOPHERSON, MARK CHATH MOTION for Partial Summary Judgment filed by USA: Joint Status Report with Proposed Schedule due by 9/7/2018. Signed by Senior Judge Nancy B. Firestone. (dpk) Service on parties made.

Keywords: re: Order on Cross Motion [Dispositive], Order on Motion for Partial Summary Judgment, Order on Motion for Summary Judgment, Reported Order: Rails-to Trails; Fifth Amendment Takings; Oregon Law, Easement; Fee Simple.

18-695 • PRICE GORDON SERVICES v. USA

Filed 08/13/2018
REPORTED OPINION. Redacted version of Opinion and Order denying [24] Motion for Discovery, denying [25] Motion for Judgment on the Administrative Record, and granting [27] Cross-Motion for Judgment on the Administrative Record. Signed by Chief Judge Margaret M. Sweeney. (pp) Service on parties made.

Keywords re: Reported Opinion -- Postaward Bid Protest; Motion for Discovery; Cross-Motions for Judgment on the Administrative Record; Effective Judicial Review; Mandatory Wage Withholding; Termination for Cause; Bias; Bad Faith; Improper Evaluations; Unstated Evaluation Criteria; Failure to Follow Solicitation Instructions; Past Performance History; Price Realism; Price Reasonableness.

16-912 • LOVERIDGE et al v. USA

Filed 08/13/2018
REPORTED ORDER granting in part and denying in part Motion for Partial Summary Judgment; granting in part and denying in part [34] Cross Motion; granting in part and denying in part [34] Motion for Summary Judgment; granting in part and denying in part [35] Cross Motion; granting in part and denying in part [35] Motion for Partial Summary Judgment; Joint Status Report with proposed schedule due by 9/7/2018. Signed by Senior Judge Nancy B. Firestone. (dpk) Service on parties made.

Keywords: re: Order on Motion for Partial Summary Judgment, Order on Cross Motion [Dispositive], Order on Motion for Summary Judgment, Reported Order: Rails-to Trails; Fifth Amendment Takings; Oregon Law, Easement; Fee Simple.

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