USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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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)

15-413 • EVIDEO OWNERS et al v. USA

Filed 03/31/2016
REPORTED OPINION Granting Defendant's Motion to Dismiss - Rule 12(b)(1) and (6); Denying as Moot [14] Plaintiffs' Motion for Oral Argument. The Clerk is directed to enter judgment. Each party to bear its own costs. Signed by Judge Lydia Kay Griggsby.

Keywords: re: Rule 12(b)(1), Subject-Matter Jurisdiction; RCFC 12(b)(6), Failure to State a Claim; Implied Contract; RCFC 9(k); Illegal Exaction; Fifth Amendment Due Process.

15-1425 • REMINGTON ARMS COMPANY, LLC v. USA

Filed 03/30/2016
REPORTED OPINION. Plaintiff's motion to supplement the administrative record GRANTED; Plaintiff's motion for judgment on the administrative record Granted in Part and Denied in Part. Case REMANDED. Defendant shall file a Status Report by 4/25/2016. Signed by Judge Nancy B. Firestone. (dpk) Copy to parties. Modified on 4/6/2016 - correction to pdf(jt1).

Keywords: re: Reported Opinion: Bid Protest; Responsibility Determination; FAR § 9.104-1; Bankruptcy; Injunctive Relief Granted

09-640 • FRANKLIN-MASON v. USA

Filed 03/30/2016
REPORTED Order REPORTED OPINION denying Motion for Summary Judgment; granting [31] Cross Motion The Clerk is directed to enter judgment. Signed by Judge Susan G. Braden. (ej) Copy to parties.REPORTED Order REPORTED OPINION denying [27] Motion for Summary Judgment; granting [31] Cross Motion The Clerk is directed to enter judgment. Signed by Judge Susan G. Braden.

Keywords: re: 28 U.S.C. § 1491, (Tucker Act Jurisdiction); Rule 56 of the United States Court of Federal Claims, (Summary Judgment).

14-632 • CHITTENDEN et al v. USA

Filed 03/29/2016
REPORTED OPINION and ORDER granting Motion for Summary Judgment as to plaintiffs' fifth amendment takings claim; granting [16] Motion to Dismiss plaintiffs' tort and due process claims; and denying [17] Cross Motion. The Clerk is directed to enter judgment. Each side shall bear its own costs. Signed by Judge Elaine D. Kaplan.

Keywords: re: Mining Act of 1872; 30 U.S.C. § 26; Fifth Amendment Takings Clause; Motion to Dismiss; RCFC 12(b)(1); Summary Judgment; RCFC 12(b)(6); 36 C.F.R. § 224.8.

15-923 • SEV1TECH, INC. v. USA

Filed 03/25/2016
REPORTED OPINION. Signed by Judge Marian Blank Horn.

Keywords: re: Reported Opinion. Post-Award Bid Protest; Motion for Judgment on the Administrative Record; Unstated Criteria; Waiver of Informalities and Minor Irregularities; FAR 52.215-1(f)(3); Clarifications; FAR 15.306(a)(2); Unequal Treatment.

15-876 • CONSTELLATION WEST, INC. v. USA

Filed 03/25/2016
REPORTED OPINION. Signed by Judge Marian Blank Horn.

Keywords: re: Reported Opinion. Post-Award Bid Protest; Motion for Judgment on the Administrative Record; Unstated Criteria; Waiver of Informalities and Minor Irregularities; FAR 52.215-1(f)(3); Clarifications; FAR 15.306(a)(2); Unequal Treatment.

15-248 • NORTHWEST TITLE AGENCY, INC. v. USA

Filed 03/25/2016
REPORTED OPINION granting Converted Motion for Summary Judgment. The Clerk is directed to enter judgment. Signed by Senior Judge Eric G. Bruggink. (jpk1) Copy to parties.

Keywords: re: Reported Opinion: Motion for Summary Judgment; Contract Interpretation; Unambiguous language; Extrinsic Evidence; Trade Practice

15-989 • TORO v. USA

Filed 03/25/2016
REPORTED OPINION granting Motion to Dismiss. The Clerk is directed to enter judgment in favor of Defendant. Signed by Judge Thomas C. Wheeler.

Keywords: re: Implied-In-Fact Contract; DEA Confidential Informant; Failure to Identify Authorized Government Representative; Absence of Key Contract Terms; Failure to State a Claim.

15-189 • EXCELSIOR AMBULANCE SERVICE, INC. v. USA

Filed 03/23/2016
REPORTED OPINION denying Motion to Intervene. Signed by Judge Margaret M. Sweeney. (kb1)

Keywords: re: Order on Motion to Intervene, Reported Opinion - RCFC 24; Postjudgment Motion for Leave to Intervene; Timeliness; Bid Protest

15-439 • GILLIAM v. USA

Filed 03/22/2016
REPORTED OPINION and ORDER granting Motion for Judgment on the Administrative Record; denying [10] Cross-Motion for Summary Judgment. The Clerk is directed to enter judgment. No costs. Signed by Judge Margaret M. Sweeney.

Keywords: re: Cross-Motions for Judgment on the Administrative Record; Correction of Military Records; AFBCMR; Testing for Promotion; Duration of Absence Without Leave; Administrative Discharge Board.

13-821 • INGHAM REGIONAL MEDICAL CENTER et al v. USA

Filed 03/22/2016
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(6). The Clerk is directed to enter judgment. Signed by Judge Marian Blank Horn. (es) Copy to parties. (Main Document 54 replaced on 4/8/2016) (jt1).

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(6), Reported Opinion. Money-Mandating Statute and Regulation; Failure to State a Claim; Breach of Express and/or Implied in Fact Contract; Release; Mutual Mistake; Breach of the Covenant of Good Faith and Fair Dealing; Statute of Limitations.

11-297 • DAVITA INC v. USA

Filed 03/18/2016
REPORTED ORDER Reissued public version of January 21, 2016 opinion and order. Signed by Judge Mary Ellen Coster Williams. (TF3) Copy to parties. Modified on 3/23/2016 - corrected PDF (jt1).

Keywords: re: Motion In Limine; Electronic Discovery; Electronically Stored Information; Amendments to Fed. R. Civ. P. 1 and 37; Rule 37(c); Fed. R. Evid. 1006. (TF3)

14-1161 • AMERISERV TRUST AND FINANCIAL SERVICES COMPANY v. USA

Filed 03/17/2016
REPORTED ORDER: Ameriserv's motion for partial judgment on the pleadings as to liability for breach of contract, ECF No. 24, is GRANTED. On or before April 18, 2016, the parties shall file a Joint Status Report addressing a plan and schedule for further proceedings, including proceedings regarding damages caused by the breach. Signed by Judge Charles F. Lettow.

Keywords: Action for damages based upon alleged breach of contract; motion for partial judgment on the pleadings; RCFC 12(c); express warranty; viability of affirmative defenses.

15-69 • ADAMS et al v. USA

Filed 03/17/2016
OPINION and ORDER granting Motion to Dismiss - Rule 12(b)(1); denying [43] Motion for Leave to File Supplemental Brief. Signed by Judge Elaine D. Kaplan.

Keywords: re: Motion to Dismiss for Lack of Jurisdiction; RCFC 12(b)(1); 5 U.S.C. § 6101(a)(3); Money Mandating Statute.

15-885 • NOVA GROUP/TUTOR-SALIBA v. USA

Filed 03/16/2016
Reissued for Administrative Purposes REPORTED OPINION AND ORDER denying 6 Motion to Dismiss - Rule 12(b)(6). Signed by Judge Mary Ellen Coster Williams. (jt1) Copy to parties.

Keywords: re: Rule 12(b)(6); Motion to Dismiss; Constructive Change; Timely Written Notice; FAR 52.243-4; Actual Notice; Extenuating Circumstances Excusing Timely Written Notice.

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