USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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15-1015 • AVKARE, INC v. USA

Filed 02/25/2016
Reissuance of Opinion and Order Filed Under Seal 2/12/16. Signed by Judge Elaine D. Kaplan.

Keywords: re: Bid Protest; Contract Disputes Act; Requests for Modification; Federal Supply Schedule; 48 C.F.R. § 515.408; Commercial Sales Practices; Interpretation of Regulations; Plain Meaning; Lack of Good Faith; De Facto Debarment.

14-296 • FREDERICKS et al v. USA

Filed 02/24/2016
REPORTED ORDER: The government's motion to dismiss is DENIED in part and otherwise DEFERRED for prudential reasons, awaiting resolution of pending administrative proceedings. On or before March 11, 2016, defendant shall file an answer to plaintiffs' amended complaint. Signed by Judge Charles F. Lettow.

Keywords: Indian breach-of-trust case; standing of heirs to challenge BIA's actions respecting estate assets; motion to dismiss for failure to state a claim; RCFC 12(b)(6); time of vesting of heirs' property interests; BIA's money-mandating fiduciary duties in entering and approving leases of Indian agricultural lands and mineral rights

15-793 • FLOYD v. USA

Filed 02/24/2016
REPORTED OPINION and ORDER denying Motion for Leave to Proceed in forma pauperis; and dismissing plaintiff's complaint for lack of jurisdiction. No costs. The Clerk is directed to enter judgment. Signed by Judge Margaret M. Sweeney.

Keywords: re: Pro Se Plaintiff; Lack of Jurisdiction; Failure to State a Claim; Patent; Statute of Limitations; Application to Proceed In Forma Pauperis; 28 U.S.C. § 1498; RCFC 12(b)(1); RCFC 12(b)(6).

10-851 • ADKINS et al v. USA

Filed 02/23/2016
REPORTED OPINION. The court dismisses plaintiffs' complaint with prejudice. The Clerk is directed to enter judgment. Signed by Judge Margaret M. Sweeney. (kb1)

Keywords: re: Reported Opinion - Trial; Income Tax Refund; Theft Loss; IRC § 165; 26 C.F.R. §§ 1.165-1, 1.165-8; Securities Fraud; Pump-and-Dump Scheme; Reasonable Prospect of Recovery; Ascertain With Reasonable Certainty

13-1026 • MCALLISTER et al v. USA

Filed 02/22/2016
REPORTED OPINION granting in part and denying in part Motion to Dismiss The Clerk is directed to enter judgment. Signed by Senior Judge Eric G. Bruggink. (bz1) Copy to parties.

Keywords: re: Tax refund; motion for summary judgment; carryback of net operating loss; 26 U.S.C. § 172(b)(1)(H); financial disability; 26 U.S.C. § 6511(h)

15-342 • INTER-TRIBAL COUNCIL OF ARIZONA, INC. v. USA

Filed 02/22/2016
REPORTED OPINION granting in part and denying in part Motion to Dismiss - Rule 12(b)(1) and (6). Signed by Judge Nancy B. Firestone.

Keywords: re: Reported Opinion; Indian Tribe Claims; Breach of Trust Obligations; Breach of Fiduciary Duty; Indian Tucker Act, 28 U.S.C. § 1505; Arizona-Florida Land Exchange Act of 1988, Pub. L. No. 100-696; 25 U.S.C. § 162a; American Indian Trust Fund Management Reform Act of 1994, Pub. L. No. 103-412; Motion to Dismiss; Subject Matter Jurisdiction; Rule 12(b)(1); Failure to State a Claim; Rule 12(b)(6); Statute of Limitations; 28 U.S.C. § 2501; Ripeness

15-73 • VIR v. USA

Filed 02/22/2016
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1). The Clerk is directed to enter judgment. Signed by Judge Marian Blank Horn.

Tax; Motion to Dismiss; RCFC 12(b)(1); 26 U.S.C. § 6672; Trust Fund Recovery Penalty; Full Payment Rule; Divisible Taxes. Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1), Reported Opinion

15-1440 • JOHNSON CONTROLS GOVERNMENT SYSTEMS, LLC v. USA

Filed 02/19/2016
REPORTED OPINION denying Motion for Judgment on the Administrative Record; granting [14] Cross Motion. The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler.

Keywords: re: Pre-award Bid Protest; Late Submittal of Proposal; FedConnect Electronic Filing System; FAR 52.215-1.

15-1536 • LOCKHEED MARTIN CORPORATION v. USA

Filed 02/19/2016
REPORTED OPINION AND ORDER, reflecting redactions from the opinion and order previously entered under seal on February 11, 2016. Signed by Judge Charles F. Lettow.

Keywords: re: Reported Opinion: Post-award bid protest; motion for preliminary injunction; likelihood of success; discussions; FAR § 15.306; equal treatment; irreparable injury.

15-1041 • MACAULAY-BROWN, INC. v. USA

Filed 02/18/2016
REPORTED OPINION (PUBLISHED). Plaintiffs' motions for judgment on the administrative record are GRANTED. The government's and Jacob's cross-motions for judgment on the administrative record are DENIED. The agency's decision is VACATED. The matter is REMANDED to the agency until May 10, 2016. The government shall submit a status report at or before the conclusion of the remand period. Signed by Judge Nancy B. Firestone.

Keywords: re: Reported Opinion; Bid Protest; Motion for Judgment on the Administrative Record; Corrective Action

14-989 • CALL HENRY, INC. v. USA

Filed 02/17/2016
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(6) The Clerk is directed to enter judgment. Signed by Sr. Judge Loren A. Smith.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(6), Reported Opinion. RCFC 12(b)(6); Failure to State a Claim.

15-914 • CADDELL CONSTRUCTION COMPANY v. USA

Filed 02/17/2016
REPORTED OPINION. Notice of Compliance due by 2/22/2016. Status conference set for 2/29/2016 at 2:30 pm EST. Signed by Judge Mary Ellen Coster Williams.

Keywords: re: Post-award Bid Protest; 28 U.S.C. § 1491(b)(1); RCFC 52.1; Prequalification; Omnibus Diplomatic Security and Antiterrorism Act of 1986, 22 U.S.C. § 4852; United States person; Requisite Technical and Financial Resources in the United States; Statutory Interpretation; Remand.

14-376 • PIONEER RESERVE, LLC v. USA

Filed 02/16/2016
REPORTED OPINION ( The parties are directed to confer and propose by March 8, 2016, jointly if possible, a schedule leading to trial in October 2016 ) denying Motion for Summary Judgment; granting in part and denying in part [68] Motion for Summary Judgment. Signed by Senior Judge Eric G. Bruggink. (bz1) Copy to parties.

Keywords: re: Clean Water Act; mitigation bank; contract interpretation; incorporation of contract terms; breach of contract; 33 C.F.R. § 332.3

15-78 • FEDERAL ACQUISITION SERVICES TEAM, LLC v. USA

Filed 02/16/2016
REPORTED OPINION. Signed by Judge Victor J. Wolski.

Keywords: re: Reported Opinion Pre-award bid protest; RCFC 52.1(c)Judgment on the Administrative Record; U.S. Special Operations Command; FAR § 52.215-1; late is late rule; Government Control exception applies to electronic delivery; systemic failure; incomplete record before GAO; prejudice; unequal treatment of offerors.

03-2621 • SYSTEM FUELS, INC. v. USA

Filed 02/10/2016
REPORTED OPINION and ORDER (Reissuance of 1/31/16 Opinion and Order for Publication). Signed by Judge Mary Ellen Coster Williams. (TF3) Copy to parties.

Keywords: re: Spent Nuclear Fuel; Partial Breach of Contract; Damages; Causation; Reracking Costs; Cask Loading Costs; Crane Upgrade Costs; Fuel Handling Building Modification Costs; General Project Management Costs; NRC Fees; Allegedly Unsupported Transactions. (TF3)

15-645 • CADDELL CONSTRUCTION COMPANY v. USA

Filed 02/10/2016
REPORTED OPINION (Reissuance of 1/28/16 Opinion and Order for Publication.) Signed by Judge Mary Ellen Coster Williams. (TF3) Copy to parties.

Keywords: re: Post-award Bid Protest; 28 U.S.C. § 1491(b)(1); Omnibus Diplomatic Security and Antiterrorism Act of 1986; Lowest Priced Technically Acceptable Offeror; Misleading Discussions; Price Reasonableness; FAR 15.306; FAR 15.404-1; Price Verification; FAR 14.403; FAR 1.102; Prejudice; Injunctive Relief. (TF3)

13-402 • ALTA WIND I OWNER LESSOR C et al v. USA

Filed 02/08/2016
REPORTED OPINION granting Motion to Amend Pleadings - Rule 15(b). Signed by Judge Thomas C. Wheeler.

Keywords: re: Reported Opinion and Order on Motion to Amend Pleadings - Rule 15(b); Section 1603 Recovery Act Claim for 30 Percent Energy Cash Grants; Defendant's Motion for Leave to Assert Counterclaims Based Upon Expert's Analysis; Effect on Scope of Issues at Trial.

15-1397 • DYNCORP INTERNATIONAL, LLC v. USA

Filed 02/08/2016
REPORTED PROCEDURAL ORDER: Granting Motion to Supplement the Record. Signed by Judge Thomas C. Wheeler.

Keywords: re: Reported Procedural Order; Bid Protest; Supplementing the Administrative Record; Court's Consideration of Expert Witness's Report.

14-304 • ALFORD et al v. USA

Filed 02/08/2016
REPORTED ORDER granting Motion to Dismiss - Rule 12(b)(1); (Joint Status Report due by 2/17/2016). Signed by Sr. Judge Loren A. Smith.

Keywords: Subject Matter Jurisdiction, State law claims.

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

Filed 02/04/2016
REPORTED OPINION: Granting in part and Denying in part Defendant's Motion for Protective Order. Fact discovery for First Wave plaintiffs closes March 7, 2016; expert reports due by March 28, 2016; rebuttal expert reports due by May 12, 2016; expert discovery closes June 13, 2016. Joint Status Report re discovery in non-First Wave plaintiffs due by April 25, 2016. Signed by Chief Judge Patricia E. Campbell-Smith.

Keywords: re: Order on Motion for Protective Order, Reported Opinion, Deposition Discovery; Protective Order; RCFC 26(b); RCFC 26(c)(1); RCFC 30(b)(6)

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