USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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15-445 • BOTTOM LINE, INC. v. USA

Filed 01/07/2016
REPORTED ORDER granting Defendant's Partial Motion to Dismiss - Rule 12(b)(6). Signed by Senior Judge Eric G. Bruggink. (jpk1) Copy to parties.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(6), Reported Order: Physical taking; regulatory taking; motion to dismiss; Rule 12(b)(6).

15-999 • MENDIOLA v. USA

Filed 01/06/2016
REPORTED OPINION and ORDER granting Motion to Dismiss - Rule 12(b)(1); and denying [2] Motion for Leave to Proceed in forma pauperis. The Clerk is directed to enter judgment. Signed by Judge Margaret M. Sweeney. (dls) Copy to parties. Modified on 2/19/2016 - correction to pdf (jt1).

Keywords: re: Pro Se Plaintiff; RCFC 12(b)(1); Federal Criminal Code; Federal Tort Claims Act; 42 U.S.C. § 1983; Sixth Amendment; Eighth Amendment.

15-560 • WYANDOT NATION OF KANSAS v. USA

Filed 01/04/2016
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1) and (6). The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler.

Keywords: re: Indian Tribe Claims for Tribal Trust Fund Mismanagement; Rule 12(b)(1) and (b)(6) Motion to Dismiss; Fiduciary Duties Owed to Indian Tribes; 28 U.S.C. § 2501; Statute of Limitations; Effect of Appropriations Act Riders; Standing.

13-940 • SONOMA APARTMENT ASSOCIATES v. USA

Filed 12/30/2015
REPORTED OPINION granting Motion for Summary Judgment and granting [36] Motion to Dismiss. Joint Status Report due by 1/29/2016. Signed by Judge Margaret M. Sweeney. (kb1)

Keywords: re: Reported Opinion on Order on Motion to Dismiss and Motion for Summary Judgment -- Motion for Partial Summary Judgment on Liability; Motion to Dismiss; ELIHPA; HCDA; Prepayment of Loan; Effect of Entry of Partial Summary Judgment on Liability for Breach of Contract on Fifth Amendment Takings Claim

12-889 • SEARS et al v. USA

Filed 12/22/2015
REPORTED OPINION Granting Plaintiffs' Motion for Division of Class Into Subclasses, Motion for Trial Setting as to the Angularly-Bisected Agricultural-Property Subclass, and Notice of Partial Withdrawal from Settlement Negotiations. Signed by Judge Charles F. Lettow.

Keywords: Rails-to-trails takings case; class action; withdrawal from incomplete settlement agreement; absence of mutual agreement; division of a class into subclasses; RCFC 23(c)

15-1171 • FFL PRO LLC v. USA

Filed 12/18/2015
REPORTED OPINION reissuing for publication Opinion and Order. Signed by Judge Margaret M. Sweeney. (kb1)

Keywords: re: Reported Opinion - Postaward Bid Protest; Cross-Motions for Judgment on the Administrative Record; Past Performance; Solicitation Interpretation; Evaluation of Proposals; Inadequate Explanation of Exercise of Discretion; Assignment of Strengths and Weaknesses; Best Value Tradeoff; Injunctive Relief

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

Filed 12/17/2015
REPORTED OPINION denying Motion to Dismiss - Rule 12(b)(1); granting [9] Motion for More Definite Statement. Plaintiffs shall file an amended complaint on or before January 26, 2016. Signed by Judge Charles F. Lettow.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1), Order on Motion for More Definite Statement, Reported Opinion: Patent case; 28 U.S.C. § 1498(a); standing to sue; joinder of holders of all substantial rights under the patent; motion for a more definite statement; RCFC 8(a)(2), RCFC 12(e).

15-1033 • OCTO CONSULTING GROUP, INC v. USA

Filed 12/17/2015
REPORTED OPINION Signed by Judge Susan G. Braden.

Keywords: re: Administrative Procedures Act (APA), 5 U.S.C. § 706; Bid Protest Jurisdiction, 28 U.S.C. § 1491; Equal Access to Justice Act, 28 U.S.C. § 2412(d)(2)(B)(ii); Federal Acquisition Regulation (FAR),48 C.F.R. §8.4, Federal Supply Schedules, 48 C.F.R. §8.405-3, Blanket Purchase Agreements; Federal Agency Procurement, 41 U.S.C. § 152(3); Interested Party, 28 U.S.C. § 1491(b)(1); Rules of the United States Court of Federal Claims (RCFC), RCFC 52.1, Administrative Record.

14-123 • GREENE v. USA

Filed 12/17/2015
REPORTED OPINION and ORDER denying Motion to Stay; denying [22] Motion to Compel; denying [29] Motion for Summary Judgment; and granting [30] Cross Motion. The Clerk is directed to enter judgment. No costs. Signed by Judge Margaret M. Sweeney.

Keywords: re: Pro Se Plaintiff; Summary Judgment; RCFC 56; 31 U..S.C. § 3720A; Motion to Compel; Motion to Stay; Illegal Exaction; Offset; Notice; Criminal Fine; Debt; Past Due; Certification.

13-80 • SUMMIT MULTI-FAMILY HOUSING CORPORATION v. USA

Filed 12/17/2015
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(6); finding as moot [21] Cross Motion. The Clerk is directed to enter judgment. Signed by Judge Elaine D. Kaplan.

Keywords: re: Subject Matter Jurisdiction; RCFC 12(b)(1); Contracts Disputes Act; 41 U.S.C. § 7102(a)(2); Takings Clause; Bid Protest; Corrective Action

12-395 • LAMBERT et al v. USA

Filed 12/16/2015
REPORTED OPINION granting approval of proposed settlement and approving with modification class counsel's motion for fees. The Clerk is directed to enter judgment. Signed by Judge Nancy B. Firestone.

Keywords: re: Reported Opinion; Rails-to-Trails; Class Action; Final Approval of Settlement Agreement; Modification and Approval of Class Counsel Fees

14-1158 • LAUGHLIN v. USA

Filed 12/15/2015
REPORTED OPINION granting Motion for Judgment on the Administrative Record. For the reasons stated, defendant's motion to dismiss for lack of subject matter jurisdiction is DENIED, defendant's motion for judgment on the administrative record is GRANTED, and plaintiff's cross-motion for judgment on the administrative record is DENIED. The clerk is directed to issue final judgment in accord with this disposition. Signed by Judge Charles F. Lettow.

Keywords: re: Order on Motion for Judgment on the Admin. Record, Reported Opinion: Military pay dispute; claim by dental surgeon for monetary relief stemming from the Navys alleged miscalculation of his obligated service period; retention bonus; 37 U.S.C. § 301e; incentive special pay; 37 U.S.C. § 302b.

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

Filed 12/15/2015
REPORTED OPINION reissuing Opinion and Order for public availability. Signed by Judge Margaret M. Sweeney.

Keywords: re: Bid Protest; Solicitation; Department of Veterans Affairs; RCFC 52.1; Cross-Motions for Judgment on the Administrative Record; SDVOSB; Corrective Action; Ambulance Services; FAR 52.219-14; FAR 15.306(a); FAR 15.306(e)(1); VAAR 852.219-10.

15-837 • BRASETH TRUCKING, LLC v. USA

Filed 12/14/2015
REPORTED OPINION on MOTION for Judgment on the Administrative Record filed by BRASETH TRUCKING, LLC remanding to agency and staying case. Signed by Judge Elaine D. Kaplan.

Keywords: re: Bid Protest; Standing; Past Performance Evaluation; FAR 13.305(a)(2)(iv); Adjectival Ratings; Trade-off Analysis; FAR 15.308; Remand to Agency

15-581 • OGUNNIYI v. USA

Filed 12/10/2015
REPORTED ORDER granting Motion to Dismiss - Rule 12(b)(1) and (6) The Clerk is directed to enter judgment. Signed by Judge Marian Blank Horn.

Keywords: re: Pro Se Plaintiff; Motion to Dismiss; Lack of Subject Matter Jurisdiction; Breach of Contract; Third Party Beneficiary.

11-453 • SUFI NETWORK SERVICES, INC. v. USA

Filed 12/07/2015
REPORTED OPINION denying profit and overhead on attorneys' fees. Status Report due by 12/21/2015. Signed by Judge Thomas C. Wheeler.

Keywords: re: Claim for Overhead and Profit as a Mark-up on Recovery of Attorney's Fees; Start Date for Running of Interest on Attorney's Fees and Expenses; Proposed Change in Method for Determining Attorney's Fees.

11-439 • LUCIANO v. USA

Filed 12/04/2015
REPORTED OPINION granting Defendant's Motion for Summary Judgment. Plaintiff's complaint is DISMISSED. The Clerk is directed to enter judgment. Signed by Senior Judge James F. Merow.

Keywords: re: Jurisdiction; Taking; Accrual of Claim; Statute of Limitations

13-446 • AUSTIN et al v. USA

Filed 12/02/2015
REPORTED OPINION: Granting in Part, Denying in Part Motion for Partial Summary Judgment; Granting in Part, Denying in Part [48] Motion for Partial Summary Judgment; Granting in Part, Denying in Part [53] Motion for Summary Judgment. (Status Report due by 1/4/2016). Signed by Judge Elaine D. Kaplan.

Keywords: re: 38 U.S.C. § 7453; Holiday Pay; 5 U.S.C. § 6103; Executive Order No. 11,582; Observance of Federal Holidays; Summary Judgment; RCFC 56

15-388 • EL v. USA

Filed 12/02/2015
REPORTED Order dismissing plaintiff's complaint. The Clerk is directed to enter judgment. Signed by Judge Marian Blank Horn. (dls) Copy to parties. Modified on 1/28/2016 - corrected text(jt1).

Keywords: re: Pro Se Plaintiff; In Forma Pauperis: Lack of Subject Matter Jurisdiction.

07-272 • ABBEY et al v. USA

Filed 12/01/2015
REPORTED OPINION - granting in part and denying in part Motion for Summary Judgment; granting in part and denying in part [306] Cross Motion - The parties' joint stipulation is due by 1/19/2016. Signed by Chief Judge Patricia E. Campbell-Smith. (MEH) Copy to parties. Modified on 12/1/2015 - correction to pdf (jt1).

Keywords: re: Order on Motion for Summary Judgment, Order on Cross Motion [Dispositive], Reported Opinion, On Remand; Cross-Motions for Summary Judgment; RCFC 56;FLSA; 29 U.S.C. §§ 201-219; Federal Employees Flexible & Compressed Work Schedules; 5 U.S.C. §§ 61206133. (MEH)

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