USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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15-1589 • PROXTRONICS DOSIMETRY, LLC v. USA

Filed 09/30/2016
REPORTED OPINION denying Motion for Discovery and granting [21] Motion to Dismiss - Rule 12(b)(1) and (6). The Clerk is directed to enter judgment. Signed by Judge Margaret M. Sweeney. (Attachments: # (1) Attachment 1, # (2) Attachment 2) (kb1)

Keywords: re: Reported Opinion on Motion for Discovery, Order on Motion to Dismiss - Rule 12(b)(1) and (6) -- Bid Protest; Motion to Dismiss; RCFC 12(b)(1); RCFC 12(b)(6); Lanham Act; Federal Question; Diversity; Intellectual Property; Standing; Waiver; Mootness; Jurisdictional Discovery

16-482 • MERRIMAN v. USA

Filed 09/30/2016
REPORTED MEMORANDUM OPINION and ORDER granting Motion to Dismiss - Rule 12(b)(1). The Clerk is directed to enter judgment. Signed by Judge Susan G. Braden. (dls) Copy to parties. (Plaintiff served via certified mail; Article No. 7012 3460 0001 7791 6978)

Keywords: re: Jurisdiction; Tucker Act, 28 U.S.C. § 1491; RCFC 12(b)(1) (Motion to Dismiss).

15-1139 • HADDAD v. USA

Filed 09/30/2016
REPORTED Order dismissing the complaints in this and 15-1140C. The Clerk is directed to enter judgment. Signed by Judge Susan G. Braden. (dls) Copy to parties. (Plaintiff served via certified mail; Article No. 7011 0470 0002 5084 3518)

Keywords: re: Patent Infringement, 28 U.S.C. § 1498(a); Rule 12(b)(1) of the Rules of the United States Court of Federal Claims Subject Matter Jurisdiction; Standing.

11-297 • DAVITA INC v. USA

Filed 09/29/2016
REPORTED OPINION. Signed by Judge Mary Ellen Coster Williams. (TF3) Copy to parties.

Keywords: re: Motion to Compel; Work-Product Protection; RCFC 26(b)(3); Testifying Experts; Draft Expert Reports; RCFC 26(b)(4)(B); Communications with Counsel; RCFC 26(b)(4)(C); Expert Compensation; 2010 Amendments to Fed. R. Civ. P. 26. (TF3)

12-902 • DAIRYLAND POWER COOPERATIVE v. USA

Filed 09/28/2016
REPORTED ORDER on Motion in Limine to Implement System Fuels and Motion in limine Regarding Causation. Signed by Senior Judge Edward J. Damich. (lp1) Copy to parties.

Keywords: Motion in Limine; Causation; System Fuels, Inc. v. United States, 120 Fed Cl. 635 (2015); System Fuels, Inc. v. United States, 120 Fed. Cl. 737 (2015)

16-215 • FEDERAL CONTRACTING, INC. v. USA

Filed 09/28/2016
REPORTED OPINION granting in part and denying in part MOTION to Dismiss pursuant to Rule 12(b)(1) (Partial); denying [11] cross-motion for default judgment. Status Report due by 11/28/2016. Signed by Judge Elaine D. Kaplan. (bl) Copy to parties. Modified on 11/28/2016 - correction to pdf (jt1). (Main Document 14 replaced on 4/19/2017 to correct clerical error.)

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1); Reported Opinion; Contract Disputes Act; Breach of Contract; Performance Bond; Sum Certain; Performance Evaluation; Termination for Cause; Termination for Convenience.

16-863 • AEGIS TECHNOLOGIES GROUP, INC. v. USA

Filed 09/28/2016
REPORTED OPINION(Originally issued under seal on September 23, 2016, ECF No. 42): Plaintiff's motion for judgment on the administrative record DENIED; Defendant's & Defendant-Intervenor's motions for judgment on the administrative record GRANTED. Signed by Senior Judge Nancy B. Firestone.

Keywords: re: Reported Opinion; Post-Award Bid Protest; Motion for Judgment on the Administrative Record; RCFC 52.1; Organizational Conflict of Interest; Cost Realism; Technical Risk; Past Performance; Unequal Evaluation.

15-1473 • BAISTAR MECHANICAL, INC. v. USA

Filed 09/28/2016
REPORTED OPINION granting in part and denying in part Motion to Dismiss - Rule 12(b)(6); granting in part and denying in part [10] Motion for Summary Judgment. Plaintiff shall file an amended complaint providing a more definite statement of its claims under Count I by October 14, 2016. Signed by Judge Charles F. Lettow.

Keywords: Contract dispute; express contractual limitations on the authority of the contracting officer's technical representatives to bind the government; claims for equitable adjustments; no jurisdiction over quantum meruit claim; the emergency exception regarding authority to bind the government to contract; duty to cooperate. (MZ)

16-1118 • NEVADA SITE SCIENCE SUPPORT AND TECHNOLOGIES CORPORATION v. USA

Filed 09/27/2016
REPORTED OPINION denying motion to intervene and denying [26] motion to intervene. Signed by Senior Judge Loren A. Smith.

15-1575 • FISHER v. USA

Filed 09/26/2016
REPORTED OPINION denying Motion to Dismiss - Rule 12(b)(1) and (6). Signed by Judge Thomas C. Wheeler. (gb) Answer due 10/11/2016. Copy to parties. Modified on 9/27/2016 to add deadline

Keywords: re: [20]: Motion to Dismiss; Conditions Subsequent; Illegal Exaction; Implied Covenant of Good Faith and Fair Dealing

14-376 • PIONEER RESERVE, LLC v. USA

Filed 09/26/2016
REPORTED OPINION The Clerk is directed to enter judgment for defendant. Signed by Senior Judge Eric G. Bruggink.

Keywords: re: Reported Opinion Contracts; Environmental Mitigation Banking.(SWF)

15-794 • SPENGLER v. USA

Filed 09/26/2016
REPORTED OPINION and ORDER denying Motion to Alter or Amend Judgment pursuant to Rule 59 and/or RCFC 60(b). Signed by Judge Elaine D. Kaplan. (dls) Copy to parties. (Plaintiff served via certified mail; Article No. 7012 3460 0001 7791 6930)

Keywords: re: RCFC 59; RCFC 60; Motion for Reconsideration; Subject Matter Jurisdiction; Fiduciary Duty; Prison Mailbox Rule; Commissary and Welfare Fund.

16-614 • ALLUVIAM, LLC v. USA

Filed 09/26/2016
REPORTED OPINION, Reissued for Publication. Signed by Judge Thomas C. Wheeler.

Keywords: re: Post-award Bid Protest; Broad Agency Announcement; Challenge to Agency's Procurement Method; Standing; Waiver; Mootness Due to Completion of Contracts.

15-554 • PARK PROPERTIES ASSOCIATES, L.P., et al v. USA

Filed 09/26/2016
REPORTED OPINION (Joint Stipulation due by 11/28/2016) denying Motion to Dismiss - Rule 12(b)(1) and (6) and granting [30] Motion for Summary Judgment. Signed by Senior Judge Loren A. Smith.

15-1351 • MCCONNELL JONES LANIER & MURPHY, LLP v. USA

Filed 09/23/2016
REPORTED OPINION (Reissued for Public): Granting the Government's Cross-Motion for Judgment on the Administrative Record; Denying MJLM's Motion for Judgment on the Administrative Record. Signed by Judge Elaine D. Kaplan.

Keywords: re: Bid Protests; 28 U.S.C. § 1491(b)(1); Judgment on the Administrative Record; Motion to Supplement the Administrative Record; Agencys Technical Evaluation; Cost Realism Analysis; FAR 15.305(a)(1); Best Value Determination.

11-223 • AMERICAN INNOTEK, INC. v. USA

Filed 09/22/2016
REPORTED OPINION. Signed by Judge Mary Ellen Coster Williams.

Keywords: re: Patent Infringement; 28 U.S.C. § 1498; Prior Art; 35 U.S.C. § 102; Priority Date; 35 U.S.C. § 120; Invalidity; Obviousness; 35 U.S.C. § 103; Graham Factors; Objective Indicia of Nonobviousness; Nexus Requirement; Commercial Success; Long-felt Need; Copying.

16-540 • TAT TECHNOLOGIES, LTD. v. USA

Filed 09/22/2016
REPORTED OPINION. Signed by Senior Judge Loren A. Smith.

16-671 • DELLEW CORPORATION v. USA

Filed 09/22/2016
REPORTED OPINION. Signed by Senior Judge Loren A. Smith. (mr) Copy to parties. (Main Document 41 replaced on 9/22/2016 to correct reissuance date.)

03-2625 • ENTERGY GULF STATES, INC. v. USA

Filed 09/21/2016
REPORTED OPINION. The Clerk is directed to enter partial judgment. Supplemental briefing due by 9/30/2016. Signed by Judge Mary Ellen Coster Williams. (TF3) Copy to parties.

Keywords: re: Spent Nuclear Fuel; Partial Breach of Contract; Damages; Causation; Cask Loading Costs. (TF3)

16-76 • MARCHENA v. USA

Filed 09/21/2016
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1) and (6); denying [10] Cross Motion to Amend Complaint. The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler.

Keywords: re: Breach of Contract; Actual Authority of Government Agents; Motion to Dismiss; Rule 15(a)(2) Motion to Amend.

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