USCFC General Jurisdiction-Reported

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05-216C • JERRY C. MILLS d/b/a JCM TIMBER COMPANY, v. THE UNITED STATES

Filed 01/31/2006
Contract Disputes Act,
41 U.S.C. § § 601, et seq.;
Contract Modification;
Motion for Summary Judgment, RCFC 56(c);
Small Business Act, 15 U.S.C. § § 631-651 Signed by Judge Braden.

98-726C, 98-726-2C through 98-726-14C and 04-1299C and 04-1317C • GRASS VALLEY TERRACE, A CALIFORNIA LIMITED PARTNERSHIP, et al., v. THE UNITED STATES

Filed 01/31/2006

GRASS VALLEY TERRACE, A CALIFORNIA LIMITED PARTNERSHIP, et al., v. THE UNITED STATES  

 (Nos. 98-726C, 98-726-2C through 98-726-14C and 04-1299C & 04-1317C)
(Consolidated)

Death of a party; Standing; Real party in interest; Substitution under RCFC 17(a)

Signed by Judge Damich.

98-726C, 98-726-2C through 98-726-14C and 04-1299C and 04-1317C • GRASS VALLEY TERRACE, A CALIFORNIA LIMITED PARTNERSHIP, et al., v. THE UNITED STATES

Filed 01/31/2006

GRASS VALLEY TERRACE, A CALIFORNIA LIMITED PARTNERSHIP, et al., v. THE UNITED STATES

 (Nos. 98-726C, 98-726-2C through 98-726-14C and 04-1299C & 04-1317C)
(Consolidated)

Death of a party; Substitution under RCFC 25(a) and 17(b); Timeliness;
Formal suggestion of death; In order for distributees to act as substitutes estate must be fully distributed;
Personal representative may act as substitute under Wyoming law

Signed by Judge Damich.

03-2258C • AT&T CORP., v. THE UNITED STATES

Filed 01/31/2006
Consolidation;
RCFC 42(a) Signed by Judge Braden.

00-705C • THE BOEING COMPANY, v. THE UNITED STATES

Filed 01/31/2006
Trial; Alleged infringement of patent by NASA in developing super lightweight external tank for Space Shuttle; Claim construction; Phillips; "predetermined underaged strength level"; "less than 300o F"; Validity of patent; Anticipation; Obviousness; Graham factors; Terminal Disclaimer; Infringement; Addition of silver; Temperature; External tank infringes Boeing patent; No license Signed by Judge Allegra.

05-370C • ADRIAN RODRIGUEZ and ALI JAZMIN RODRIGUEZ, v. THE UNITED STATES

Filed 01/30/2006
Sale on behalf of the Customs Service of a seized vehicle containing hidden drugs; alleged breach of contract; motion to dismiss; subject matter jurisdiction; standing; privity of contract; third party beneficiary; implied warranty; covenant of good faith and fair dealing Signed by Judge Lettow.

04-10C • ENERGY NORTHWEST, v. THE UNITED STATES

Filed 01/30/2006
Spent Nuclear Fuel (SNF); Nuclear Waste Policy Act; Standard Contract; Contract Liability; Rate of Acceptance; Pre-Breach Mitigation Damages; Unavoidable Delay Signed by Judge Damich.

92-675L • CHIPPEWA CREE TRIBE OF THE ROCKY BOY'S RESERVATION, v. THE UNITED STATES

Filed 01/26/2006
Indian Tucker Act; 28 U.S.C. §1505 (2000); Whether Interest Accrues on Judgment Funds; 25 U.S.C. § § 161a, 162a, 162a(a); Creation of Trust Funds in the Treasury by Permanent Appropriation Repeal Act of 1934, ch. 756, 48 Stat. 1224 (codified as amended at 31 U.S.C. § 1321 (2000); Statute of Limitations Applicable to Claims for Losses to or Mismanagement of Trust Funds; Consolidated Appropriations Act of 2005, Pub. L. No. 108-447, 118 Stat. 2809; Motion for Class Certification; Determination that Plaintiffs Are an "identifiable group of American Indians" Entitled to Bring Suit under 28 U.S.C. § 1505; RCFC 1, RCFC 15, RCFC 23, RCFC 83(b) Signed by Judge Hewitt.

consol. w/04-75C • PACIFIC GAS AND ELECTRIC COMPANY, v. THE UNITED STATES (04-74C

Filed 01/25/2006
Motion to Compel the Production of Documents and Testimony Withheld as Privileged; Attorney-Client Privilege; Whether Description in Privilege Log is Sufficient to Invoke Attorney-Client Privilege; Work Product Doctrine; Whether Documents Prepared for Regulatory Proceedings were Prepared In Anticipation of Litigation;
Whether the Work Product Doctrine Applies to Certain Responses to Deposition Questions Signed by Judge Hewitt.

94-58V • BARBARA SNYDER, deceased, v. SECRETARY OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES

Filed 01/24/2006
Substitution of Party; Death of Petitioner; RCFC 25(a)(1) Signed by Judge Wheeler.

05-1167C • ADVANCED SYSTEMS TECHNOLOGY, INC., v. THE UNITED STATES

Filed 01/23/2006
Pre-award Bid Protest; Jurisdiction; Justiciability;
Standing; Administrative Procedure Act; 5 U.S.C. § 555(b);Small Business Administration Office of Hearings and Appeals; North America Industry Classification System (NAICS) Codes; Preliminary Injunction Signed by Judge Williams.

03-30C • PR CONTRACTORS, INC., v. THE UNITED STATES

Filed 01/20/2006
Contract Disputes Act, 41 U.S.C. § 601 et seq.; Motion In Limine; FED. R. EVID. 1006 Signed by Judge Williams.

99-4451L • JOHN H. and MARY E. BANKS, et al., v. THE UNITED STATES

Filed 01/19/2006
Takings; Motion for Partial Summary Judgment; Erosion of Shoreline Property; Blocking by the Government of Littoral Drift of Sand; Whether the Government May Be Liable for Any Erosion Caused by Plaintiffs' Efforts to Mitigate Damages by Placing Shore Protection Structures on Their Properties; Section 10 of the River and Harbor Act of 1899 Signed by Judge Hewitt.

05-571C • CC DISTRIBUTORS, INC., v. THE UNITED STATES

Filed 01/19/2006
Post-award bid protest; Simplified Acquisition Procedures; FAR § 13.106-3; Responsibility Determination Signed by Judge Firestone.

05-1130C • REGINALD HILL, v. THE UNITED STATES

Filed 01/19/2006
Back Pay Act, Civil Service Reform Act, motion to dismiss, pro se plaintiff, subject matter jurisdiction, transfer, motion for reconsideration Signed by Judge Wheeler.

05-1380C • MAGIC BRITE JANITORIAL, v. THE UNITED STATES

Filed 01/19/2006
Post-award bid protest; motion for a preliminary injunction; Javits-Wagner-O'Day Act, 41 U.S.C. § § 46-48c; insufficient showing of likelihood of success Signed by Judge Wolski.

03-1751C • BANNUM, INC. v. THE UNITED STATES

Filed 01/18/2006
Contracts; post-award bid protest; 28 U.S.C. § 1491(b)(1) (2000); remand; fact-finding re: scoring on past-performance evaluations; challenge to Contractor Evaluation Forms; 48 C.F.R. (FAR) § § 15.306, 15.308, 42.1503, 2842.1503 (2003);
jurisdiction to challenge terms of solicitation Signed by Judge Miller, C..

05-399C • RICHARD L. SCHNELLE, v. THE UNITED STATES

Filed 01/17/2006
Settlement Agreement Under Title VII of the Civil Rights Act of 1964; Jurisdiction; Money Mandating Signed by Judge Firestone.

05-1167C • ADVANCED SYSTEMS TECHNOLOGY, INC., v. THE UNITED STATES

Filed 01/13/2006
Amicus Curiae;
RCFC Rule 83.1(c)(8) Signed by Judge Williams.

04-1665C • NOVA CASUALTY COMPANY, v. THE UNITED STATES

Filed 01/12/2006
Motions to dismiss; subject matter jurisdiction; suretyship; performance and payment bonds under the Miller Act; renovation and repairs of a U.S. Coast Guard light tower; equitable subrogation; sovereign immunity; necessity of notice to the government to stop payment to the contractor Signed by Judge Lettow.

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