USCFC General Jurisdiction-Reported

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04-424C • BLUE WATER ENVIRONMENTAL, INC., v. THE UNITED STATES

Filed 03/31/2004
Bid Protest; Motion to Dismiss; Federal Agency Purchasing Agent; Day-to-Day Supervision Signed by Judge Firestone.

00-573C • TLT CONSTRUCTION CORP., v. THE UNITED STATES

Filed 03/31/2004
Acceleration Claim; Contract Disputes Act, 41 U.S.C. § 601, et seq.; Federal Acquisition Regulations; Integration Clause; 48 C.F.R. § 52.023-4703; 48 C.F.R. § 52.211-10; 48 C.F.R. § 52.217-9; 48 C.F.R. § 52.243-4 Signed by Judge Braden.

04-0063C • AMERISOURCEBERGEN DRUG CORP., v. THE UNITED STATES & McKESSON CORP.,Defendant-Intervenor

Filed 03/30/2004
Post-award bid protest; all or none offers Signed by Judge Allegra.

00-343C • DONALD O'CONNER, ET AL., v. THE UNITED STATES

Filed 03/30/2004
Fair Labor Standards Act, 29 U.S.C. § 207 (2000); Civil Service Reform Act, 5 U.S.C. § § 7114, 7121 (2000); mandate; law of the case; accord and satisfaction Signed by Judge Miller, C..

01-647V • REGINA and SHANNON LEMIRE,Parents of DESTINY LEMIRE, v. SECRETARY OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES

Filed 03/29/2004
Jurisdiction, National Childhood Vaccine Injury Compensation Act; 42 U.S.C. §300aa-12; Statute of Limitations, Onset of Autism; Relief from Judgment under RCFC 60(b)(5) and 60(b)(6); Review of Special Master's Reinstatement of Petition Under Vaccine Rule 36; Interlocutory Order Signed by Judge Baskir.

02-176C • ROXCO, LTD., v. THE UNITED STATES

Filed 03/29/2004
Summary Judgment; Default termination; Equitable adjustment; Contract Disputes Act, 41 U.S.C. § § 601-613; Res judicata; Equitable estoppel; Waiver; the Fulford Doctrine; Defense against the assessment of liquidated damages Signed by Judge Baskir.

98-169C • HAMILTON SECURITIES ADVISORY SERVICES, INC., v. THE UNITED STATES

Filed 03/25/2004
Alternative Remedy Case, 31 U.S.C. § 3730(c)(5); False Claims Act, 31 U.S.C. § 3729 et seq; Intervention Under RCFC 24;Qui Tam Action; Stay Signed by Judge Braden.

98-169C • HAMILTON SECURITIES ADVISORY SERVICES, INC., v. THE UNITED STATES

Filed 03/24/2004
Contracts Dispute Act, 28 U.S.C. § 1491(a)(2); Counterclaim Jurisdiction; Declaratory Judgment; Integration Clause; Quasi-Contract; Summary Judgment; Requirement of Certainty; Restitution; Set-Off Signed by Judge Braden.

00-355C • MICHAEL CHRISTENSEN, ET AL., v. THE UNITED STATES

Filed 03/23/2004
Military Pay Act, 37 U.S.C. § 204; class action; involuntary retirement; harmless-error analysis; motion for remand; evidentiary standards for proceedings on remand and for subsequent review by this Court Signed by Judge Lettow.

94-1A-C • INDEPENDENCE PARK APARTMENTS, ET AL., v. THE UNITED STATES

Filed 03/23/2004
Motion for protective order; deposition of an expert witness; Rule 26(b)(4)(A); Rule 30(a)(2)(B); Rule 30(d)(2); multiple depositions of same witness; length of depositions Signed by Judge Lettow.

98-823C • ALLEGRE VILLA, A LIMITED PARTNERSHIP, ET AL., v. THE UNITED STATES

Filed 03/22/2004
Contracts; breach of contract; summary judgment; sovereign acts doctrine; unmistakability doctrine; Farmers Home Administration; Emergency Low Income Housing Preservation Act of 1987, 42 U.S.C. § 1472(c) (2000), and 12 U.S.C. § 1715l (2000); Housing and Community Development Act of 1992; section 515 of the Housing Act of 1949, 42 U.S.C. § 1485 Signed by Judge Miller, C..

02-24L • PUEBLO OF LAGUNA v. THE UNITED STATES

Filed 03/19/2004
Motion for document preservation order; Authority to issue order; Inherent powers; Article I courts; Judicial power; Integrity of judicial process; 28 U.S.C. § 174; 28 U.S.C. § 2503(c); RCFC 16(c); Require-ments for issuing preservation order; Past handling of tribal records indicative of risk of loss or destruction; Order issued requiring, inter alia, indexing and limited inspection of documents Signed by Judge Allegra.

02-141C • DEPONTE INVESTMENTS, INC., & BAMMF (6) LLC v. THE UNITED STATES

Filed 03/19/2004
Motion to join real party in interest; RCFC 17(a) Signed by Judge Futey.

97-293C • ENERGY CAPITAL CORP., as General Partner of ENERGY CAPITAL PARTNERS LIMITED PARTNERSHIP,v. THE UNITED STATES

Filed 03/19/2004
Videotaped deposition, attorneys' fees, bad faith, high-ranking government official Signed by Judge Allegra.

02-477C • CPS MECHANICAL CONTRACTORS, INC., v. THE UNITED STATES

Filed 03/18/2004
Contracts; valid basis for claim to contracting officer; request for certain sum of money Signed by Judge Margolis.

01-641C • ELAINE LEONARDO v. THE UNITED STATES

Filed 03/17/2004
Breach of Contract; Bailment Contract; Contracting Authority; Cross-motions for Summary Judgment Signed by Judge Hewitt.

00-93C • CALVIN L. BAILEY, ET AL., v. THE UNITED STATES

Filed 03/17/2004
Civilian Pay; 5 U.S.C. § § 5701- 5710 (2000); Federal Travel Regulation, 41 C.F.R. pts. 300-304 (2003); Motion to dismiss; RCFC 12(b)(6); Motion for summary judgment; RCFC 56 Signed by Judge Hewitt.

04-132C • KEETON CORRECTIONS, INC., v. THE UNITED STATES and DISMAS CHARITIES, INC., Intervening Defendant

Filed 03/17/2004
Declaratory Relief; Urgent and Compelling Circumstances; Override of Automatic Stay Under 31 U.S.C. § 3553(d)(3)(C); Rational Basis; Simplified Acquisition Procedures Under 48 C.F.R. § 13.003 Signed by Judge Merow.

95-524C • COLUMBIA FIRST BANK, FSB v. THE UNITED STATES

Filed 03/15/2004
Winstar-related case; trial to prove lost profits damages; judgment on partial findings under RCFC 52(c); Financial Institutions Reform, Recovery, and Enforcement Act; substantial factor causation, foreseeability, and reasonable certainty; jury verdict method; whether expert opinion is supported by facts in evidence and is otherwise credible Signed by Judge Hewitt.

04-154C • INTERNATIONAL RESOURCE RECOVERY, INC., v. THE UNITED STATES and ROLLOFFS HAWAII, INC., Intervenor

Filed 03/15/2004
Post-award Bid Protest; Preliminary Injunction; Rejection of Incumbent's Proposal for Failure to Submit a Mobilization Plan Signed by Judge Williams.

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