USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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12-57 • URS ENERGY & CONSTRUCTION, INC., et al v. USA

Filed 04/14/2016
REPORTED ORDER denying Motion to Dismiss - Rule 12(b)(1) and (6). The Clerks Office is directed to CORRECT the docket to show the following four named plaintiffs and ALL FUTURE FILINGS by the parties shall reflect this change: URS ENERGY & CONSTRUCTION, INC., for the use and benefitof the secured creditors of GROUND IMPROVEMENT TECHNIQUES, INC.; PNC BANK, N.A.; FIREMANS FUND INSURANCE COMPANY; and, R.N. ROBINSON & SONS,INC. The Clerks Office is directed to SUSPEND all proceedings inthis case until further order of the court. Defendant shall FILE a Notice containing the parties proposed remand order to DOE by 5/6/2016. Signed by Judge Lynn J. Bush.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1) and (6), Reported Order. Contracts; RCFC 12(b)(1); RCFC 12(b)(6); Defective Certification of Claim; Severin Doctrine; Allowable Contract Costs. (TQ)

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

Filed 04/14/2016
REPORTED OPINION (Reissuance of March 31, 2016 Opinion and Order for Publication). Signed by Judge Mary Ellen Coster Williams.

Keywords: re: Spent Nuclear Fuel; Partial Breach of Contract; Damages; Causation; Cask Loading Costs; Cask Drop Analysis; Fuel Handling Building Modification Costs; Payroll Loaders; Materials Loaders; NRC Fees; Allegedly Unsupported Transactions; Partial Stay.

12-286 • NORTHROP GRUMMAN SYSTEMS CORPORATION v. USA

Filed 04/14/2016
REPORTED ORDER denying Motion to Compel; granting in part and denying in part [79] Motion for Sanctions pursuant to Rule 37; ( Status Report due by 5/23/2016). Signed by Senior Judge Eric G. Bruggink. (jpk1) Copy to parties. (Main Document 97 replaced on 4/14/2016 to correct a typographical error.)

Keywords: re: Order on Motion to Compel, Order on Motion for Sanctions - Rule 37, Reported Order: Motion to Compel; Work Product Doctrine; Spoliation; RCFC 37; RCFC 26; Discovery Sanctions.

02-25 • JICARILLA APACHE NATION v. USA

Filed 04/13/2016
REPORTED OPINION: Plaintiff's motion to exclude testimony of Dr. Hamm, ECF No. 414, is GRANTED IN PART, i.e., with respect to pre-judgment interest, but is otherwise DENIED. Plaintiff's motion to exclude exhibits pertaining to private investments, ECF No. 413, is DENIED. Signed by Judge Charles F. Lettow.

Keywords: Indian breach-of-trust case; claim of alleged breach of fiduciary duties by the Bureau of Indian Affairs as trustee of Tribe's funds; Phase 2 of case; pre-trial in limine motions

13-465 • FAIRHOLME FUNDS, INC. et al v. USA

Filed 04/13/2016
Docketed For Administrative Purposes REPORTED ORDER granting Motion to De-Designate Seven Documents. Signed by Judge Margaret M. Sweeney. (jt1) Copy to parties.

Keywords: re: Motion for De-Designation; Protective Order; Protected Information.

12-759 • SECURIFORCE INTERNATIONAL AMERICA, LLC v. USA

Filed 04/12/2016
CORRECTED OPINION. Signed by Judge Marian Blank Horn.

Keywords: re: Motion to Dismiss; Subject Matter Jurisdiction; Trial; Contract Disputes Act; Termination for Convenience; Termination for Cause; Breach of Contract; Abuse of Discretion; Bad Faith.

14-711 • STROMNESS MPO, LLC v. USA

Filed 04/12/2016
ORDER denying Partial Motion to Dismiss - Rule 12(b)(1) and (6). Signed by Judge Marian Blank Horn.

15-872 • NORMAN v. USA

Filed 04/11/2016
REPORTED OPINION denying Defendant's Motion to Dismiss - Rule 12(b)(1). Signed by Senior Judge James F. Merow.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1), Reported Opinion: Bank Secrecy Act; Subject Matter Jurisdiction; 28 U.S.C. § 1355.

13-291 • HYMAS v. USA

Filed 04/11/2016
REPORTED ORDER granting Motion to Transfer; finding as moot [56] Motion for Reconsideration - Rule 59(a) ; finding as moot [56] Motion to Dismiss - Rule 12(b)(1). Signed by Judge Susan G. Braden.

Keywords: re: Order on Motion to Transfer (28 U.S.C. § 1631), Order on Motion for Reconsideration - RCFC 59(a), Order on Motion to Dismiss - RCFC 12(b)(1)

13-586 • CONNECTICUT YANKEE ATOMIC POWER COMPANY v. USA

Filed 04/07/2016
Reissued REPORTED OPINION. Signed by Senior Judge James F. Merow.

Keywords: re: Reported Opinion: Spent Nuclear Fuel Storage Cost; Breach of Contract Damages; Cost of Corporation Existence; Termination of Benefit Programs Costs; Property Transfer Costs.

13-584 • YANKEE ATOMIC ELECTRIC COMPANY v. USA

Filed 04/07/2016
Reissued REPORTED OPINION. Signed by Senior Judge James F. Merow.

Keywords: re: Reported Opinion: Spent Nuclear Fuel Storage Cost; Breach of Contract Damages; Cost of Corporation Existence; Termination of Benefit Programs Costs; Property Transfer Costs.

13-585 • MAINE YANKEE ATOMIC POWER COMPANY v. USA

Filed 04/07/2016
Reissued REPORTED OPINION. Signed by Senior Judge James F. Merow.

Keywords: re: Reported Opinion: Spent Nuclear Fuel Storage Cost; Breach of Contract Damages; Cost of Corporation Existence; Termination of Benefit Programs Costs; Property Transfer Costs.

15-1550 • LAWSON ENVIRONMENTAL SERVICES, LLC v. USA

Filed 04/07/2016
REPORTED ORDER. Signed by Judge Mary Ellen Coster Williams.

Keywords: re: Post-award Bid Protest; 28 U.S.C. § 1491(b)(1); Small Business Concern; Key Personnel; Pass/Fail Technical Requirement; Responsiveness; Responsibility Determination; Referral to Small Business Administration for Certificate of Competency; HUBZone Residency Requirement.

16-109 • PRESCIENT, INC. v. USA

Filed 04/06/2016
REPORTED OPINION (Reissued for Public) denying Motion for Judgment on the Administrative Record; granting [35] Motion for Judgment on the Administrative Record. The Clerk is directed to enter judgment. Signed by Judge Elaine D. Kaplan.

Keywords: re: Post-Award Bid Protest; Motion for Judgment on the Administrative Record; Standing; Disparate Treatment; Material Deficiencies.

15-501 • 3RD EYE SURVEILLANCE, LLC v. USA

Filed 04/05/2016
REPORTED OPINION granting Motion to Notify Interested Party; granting [25] Motion to Notify Interested Party; granting [30] Motion to Notify Interested Party; granting [33] Motion for Extension of Time (JPSR due by 5/20/2016). For the reasons stated, the government's motions to authorize notice to the eight named entities pursuant to Rule 14(b) are GRANTED. The clerk shall issue notice to each entity, as specified in RCFC 14(b)(3). Service of the notices shall be accomplished in accord with the provisions of RCFC 14(b)(4). The government's motion for an enlargement of time, ECF No. 33, is also GRANTED, and the joint preliminary status report shall be due on or before May 20, 2016. Signed by Judge Charles F. Lettow.

Keywords: re: Order on Motion to Notify Interested Party, Order on Motion for Extension of Time to File, Reported Opinion: Patent case; government's motions to notify eight entities alleged to have an interest in the subject matter of the action; RCFC 14(b); standard for an "alleged interest" under the notice provision of RCFC 14(b).

16-44 • STARRY ASSOCIATES, INC v. USA

Filed 04/05/2016
REPORTED ORDER AND OPINION. Signed by Senior Judge Eric G. Bruggink. (jpk1) Copy to parties.

Keywords: re: Reported Order: Bid Protest; Assertions of Bias; Supplementation of the Administrative Record.

05-1119 • ST. BERNARD PARISH GOVERNMENT v. USA

Filed 04/05/2016
REPORTED OPINION denying Motion for Clarification and Objection. Signed by Judge Susan G. Braden. (Attachments: # (1) Court Exhibits A-L)

Keywords: re: Federal Rules of Evidence 201(b)(2), (c) (Judicial Notice)

15-1505 • ORION CONSTRUCTION CORPORATION v. USA

Filed 04/01/2016
REPORTED OPINION. Plaintiff's motion for judgment on the administrative record DENIED. Defendant's motion for judgment on the administrative record GRANTED. Signed by Judge Nancy B. Firestone.

Keywords: re: Pre-Award Bid Protest; Small Business Size Determination; Motion for Judgment on the Administrative Record; Review of SBA Decision.

11-681 • JONES et al v. USA

Filed 04/01/2016
Re-Docketed for Administrative Purposes REPORTED MEMORANDUM OPINION and ORDER denying Plaintiffs' Motion to Amend Certification of Class Action.Signed by Judge Susan G. Braden. (jt1) Copy to parties.

10-540 • CANVS CORPORATION v. USA

Filed 03/31/2016
REPORTED ORDER. The parties shall file a joint status report by 5/2/2016. Signed by Chief Judge Patricia E. Campbell-Smith. (MEH) Copy to parties. (Main Document 158 replaced on 4/11/2016) (jt1).

Keywords: re: Reported Order Patent case; claim construction for U.S. Patent No. 6,911,652; single term in dispute(MEH)

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