USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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18-705 • DZSP 21, LLC v. USA

Filed 08/10/2018
[Redated Order] re: Opinion and Order. Signed by Senior Judge Charles F. Lettow.

Keywords: re: Redacted Order: Post-award bid protest; change in requirements for the procurement; application of FAR § 15.206(a); evaluation of past performance and technical factors, including staffing and technical approach; equitable relief

16-314 • 1100 W. EWING ASSOC, LLC v. USA

Filed 08/08/2018
REPORTED ORDER denying Motion for Reconsideration - Rule 59(a). Signed by Judge Thomas C. Wheeler. (mg) Service on parties made.

Keywords: re: Rails to Trails Case; National Trails System Act, 16 U.S.C. § 1241 (2006); Washington State Property Law; Deed Interpretation; Easement; Fee Simple; Motion for Reconsideration.

14-21 • BALAGNA et al v. USA

Filed 08/06/2018
OPINION AND ORDER denying Motion for Partial Summary Judgment; denying [146] Cross-Motion for Partial Summary Judgment; granting [152] Motion for Leave to File. Status Report due by 9/7/2018. Signed by Judge Elaine D. Kaplan. (bl) Service on parties made.

Keywords: re: Reported Opinion; Fifth Amendment; Takings Clause; Rails-To-Trails Conversion; Notice of Interim Trail Use; Valuation; Crossing Rights.

17-1336 • WATSON et al v. USA

Filed 08/02/2018
**Redocketed for Administrative Purposes Only** REPORTED MEMORANDUM OPINION and FINAL ORDER denying Motion for Relief from an Order - Rule 60. Signed by Senior Judge Susan G. Braden. (rp) Service on parties made. Plaintiffs served via certified mail, article number 7017 1450 0000 1346 4384. Signed by Senior Judge Susan G. Braden. (ar) Service on parties made.

Keywords: re: Unreported Memorandum Opinion an Order on Motion for Relief from Judgment - Rule 60: Rules of the United States Court of Federal Claims 41 (Dismissal of Actions), 60 (Relief From a Judgment or Order). (rp)Keywords: re: [14] Rules of the United States Court of Federal Claims 41 (Dismissal of Actions), 60 (Relief From a Judgment or Order).

09-315 • WHISPELL et al v. USA

Filed 08/01/2018
REPORTED OPINION of the court's July 18, 2018 opinion originally issued under seal. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made.

Keywords: re: Reported Opinion. Attorneys Fees; RCFC 54(d); Uniform Relocation Assistance and Real Property Acquisition Policies Act, 42 U.S.C. § 4654(2012). (TQ)

17-1528 • CHARLESTON AREA MEDICAL CENTER, INC. et al v. USA

Filed 07/31/2018
REPORTED OPINION granting Motion for Judgment on the Pleadings; denying [17] Cross Motion for Summary Judgment; denying as moot [20] Motion to Certify Class. The Clerk is directed to enter judgment. Signed by Judge Elaine D. Kaplan. (bl) Service on parties made.

Keywords: re: Reported Opinion; Tax Refund; Overpayment; Interest; Non-Profit Corporation; 26 U.S.C. § 6621; FICA.

14-960 • LW CONSTRUCTION OF CHARLESTON, LLC v. USA

Filed 07/31/2018
REPORTED OPINION granting in part and denying in part Motion for Leave to File Second Amended Answer; (Second amended answer due by 8/14/2018). Signed by Senior Judge Marian Blank Horn. (vhc) Service on parties made. Modified on 8/1/2018 (jt1).

Keywords: re: Motion for Leave to Amend; Delay; False Claims Act; Common Law Fraud; Unjust Enrichment; Statute of Limitations; 28 U.S.C. § 2415; 28 U.S.C. § 2501; 31 U.S.C. § 3731; Service Disabled Veteran Owned Small Business.

17-699 • WATERS v. USA

Filed 07/31/2018
REPORTED OPINION: Granting in part Motion to Dismiss - Rule 12(b)(6); Granting [22] Motion for Judgment on the Administrative Record; The Clerk is directed to enter judgment. Signed by Judge Elaine D. Kaplan. U.S. Certified Mail Tracking# 7012 3460 0001 7791 7890(vds) Service on parties made.

Keywords: Military Records Correction; Voluntary Retirement; SECNAVINST 1920.6C; Board of Inquiry; Non-Judicial Punishment; BCNR; Retirement Grade; Retirement Pay.

15-601 • STRAND v. USA

Filed 07/31/2018
REPORTED OPINION AND ORDER denying Motion to Dismiss - Rule 12(b)(6); denying [84] Motion for Judgment on the Administrative Record; granting [85] Cross Motion. The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler. (mg) Service on parties made.

Keywords: re: Action for Review of Military Records; Assistant General Counsel's Reversal of Decision by Board for Correction of Naval Records; Decision on Remand from Federal Circuit; Standard of Review; Substantial Evidence.

15-872 • NORMAN v. USA

Filed 07/31/2018
REPORTED OPINION. The Clerk is directed to enter judgment. Signed by Senior Judge Edward J. Damich. (lp1) Service on parties made.

Keywords: Bank Secrecy Act, Trial, Civil penalty, Failure to file, Willfulness, Taxpayer, Tax return, Maximum, Regulation, Discretion, Supersede

16-950 • CB&I AREVA MOX SERVICES, LLC v. USA

Filed 07/30/2018
REPORTED AMENDED OPINION AND ORDER granting Motion for Summary Judgment; denying [33] Motion to Dismiss - Rule 12(b)(1) and (6); and denying [46] Cross Motion for Summary Judgment.. Signed by Judge Thomas C. Wheeler. (ab) Service on parties made.

Keywords: re: US/Russia Plutonium Management and Disposition Agreement; National Nuclear Security Administration; Cost-Plus-Fee Construction Contract; Rules 12 and 56 Cross-Motions; Availability of Declaratory Relief; Government Claim Under Contract Disputes Act; Statute of Limitations.

14-817 • NORTHERN CALIFORNIA POWER AGENCY et al v. USA

Filed 07/30/2018
REPORTED OPINION. The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler. (ab) Service on parties made.

Keywords: re: Illegal Exaction Claim; Department of Interior, Bureau of Reclamation; Central Valley Project Improvement Act; Statutory Authority; Statutory Interpretation; Plain Meaning.

18-367 • TAYLOR v. USA

Filed 07/27/2018
MEMORANDUM OPINION and FINAL OPINION and FINAL ORDER: denying, as moot, Motion for Mandamus and Prohibition; granting [9] Motion to Dismiss - Rule 12(b)(1). The Clerk is directed to enter judgment. Signed by Senior Judge Susan G. Braden. (dls) Service on parties made. (Plaintiff served via certified mail; Article No. 7017 1450 0000 1346 4186) Modified on 8/1/2018

Keywords: re: Rules of the United States Court of Federal Claims ("RCFC") 8(e) (Construing Pleadings), l2(b)(1) (Motion To Dismiss), 60(c) (Motion for Relief from Judgment); 28 U.S.C. § 453; U.S. CONST. art. II § 1, cl. 8; art. VI, cl.3; amend. VI.

17-1968 • PLANATE MANAGEMENT GROUP, LLC v. USA

Filed 07/27/2018
REPORTED OPINION granting in part and denying in part Motion to Dismiss in Part and to Merge Counts. Answer re: Counts III and V due 8/10/2018. Signed by Chief Judge Margaret M. Sweeney. (pp) Service on parties made.

Keywords re: Order on Motion to Dismiss in Part and to Merge Counts, Reported Opinion -- Contract Disputes Act; Request for Equitable Adjustment; Changed Conditions; Motion to Dismiss in Part; Motion to Merge Counts; Claims Submitted to the Contracting Officer; Same Operative Facts; Same Relief Available.

18-659 • VETERANS ELECTRIC, LLC v. USA

Filed 07/26/2018
REPORTED MEMORANDUM OPINION AND ORDER. Signed by Judge Lydia Kay Griggsby. (rdb) Service on parties made.

Keywords: Pre-Award Bid Protest; Judgment Upon The Administrative Record; RCFC 52.1; Injunctive Relief; Standing, re: Reported Memorandum Opinion and Order.

16-865 • LUCIER et al v. USA

Filed 07/26/2018
REPORTED ORDER denying Motion for Reconsideration - Rule 59(a). Signed by Senior Judge Marian Blank Horn. Service on parties made.

Keywords: Motions for Reconsideration; Rails to Trails; Centerline Presumption.

16-893 • BEATTIE et al v. USA

Filed 07/26/2018
REPORTED ORDER denying Motion for Reconsideration - Rule 59(a). Signed by Senior Judge Marian Blank Horn. Service on parties made.

Keywords: Motions for Reconsideration; Rails to Trails; Centerline Presumption.

17-1000 • MAEHR v. USA

Filed 07/26/2018
REPORTED MEMORANDUM OPINION and FINAL ORDER denying Plaintiff's Motion for Reconsideration - Rule 59(a). Signed by Senior Judge Susan G. Braden. (ar) Service on parties made.

Keywords: re: Rules of the United States Court of Federal Claims ("RCFC") 59(a) (Grounds For New Trial Or Reconsideration; Further Action After Trial); 59(e) (Motion To Alter Or Amended Judgment).

18-861 • CHENEGA HEALTHCARE SERVICES, LLC v. USA

Filed 07/26/2018
REPORTED OPINION. Public version of the court's July 13, 2018 opinion issued under seal, [42]. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made.

Keywords: re: Reported Opinion. Post-Award Bid Protest; Review of Proposal Evaluation; Late Key Personnel Substitution; Award Without Discussions; Preliminary Injunction Request Denied. (TQ)

93-655 • ANAHEIM GARDENS, et al v. USA

Filed 07/24/2018
REPORTED OPINION denying MOTION in Limine To Preclude Defendant From Offering Any Evidence At Trial Contrary To Defendant's Testimony Pursuant to RCFC 30(b)(6) filed by ANAHEIM GARDENS. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made.

Keywords: re: Reported Opinion. Motion In Limine; Exclusion of Evidence that Allegedly Contradicts Deposition Testimony of RCFC30(b)(6) Witness. (TQ)

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