USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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15-1071 • NIE v. USA

Filed 11/30/2015
REPORTED Order granting Motion to Dismiss - Rule 12(b)(1). The Clerk is directed to enter judgment. Signed by Judge Marian Blank Horn.

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

13-165 • KENNEDY v. USA

Filed 11/30/2015
REPORTED OPINION granting in part and denying in part Motion to Dismiss - Rule 12(b)(1) and (6); denying [52] Motion for Judgment on the Administrative Record; and granting [58] Cross-Motion for Judgment on the Administrative Record. The Clerk is directed to enter judgment. Signed by Judge Margaret M. Sweeney. (kb1)

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1) and (6), Order on Motion for Judgment on the Admin. Record, Reported Opinion - Military Pay; NROTC Scholarship; 10 U.S.C. §§ 2005, 2107; 37 U.S.C. § 209; Motion to Dismiss; Subject Matter Jurisdiction; Statute of Limitations; Mootness; Justiciability; Cross-Motions for Judgment on the Administrative Record; Final Agency Action Subject to Judicial Review

15-949 • FP-FAA SEATTLE, LLC v. USA

Filed 11/30/2015
REPORTED OPINION. Signed by Judge Susan G. Braden.

Keywords: re: Reported Opinion; Administrative Procedures Act, 5 U.S.C. § 706; Bid Protest Jurisdiction, 28 U.S.C. § 1491; Competition In Contracting Act, 31 U.S.C. § 3551; General Services Administration Regulation, 48 C.F.R. § 570.306(a); Interested Party, 28 U.S.C. § 1491(b)(1); Rule 57 of the Rules of the United States Court of Federal Claims ("RCFC"), Declaratory Judgment; RCFC 52.1, Administrative Law Record.

15-1069 • SPRINGFIELD PARCEL C, LLC v. USA

Filed 11/25/2015
REPORTED OPINION: Published decision reflecting redactions from the version issued under seal on November 11, 2015. Signed by Judge Charles F. Lettow.

Keywords: re: Post-award protest of lease subject to the Public Buildings Act, 40 U.S.C.§ 3307; material terms of agency's request for lease proposals; condition imposed by congressional committees on appropriations for the lease; contravention of material terms of request for lease proposals and of condition on appropriation; enforcement of limitation on appropriation; the Anti-Deficiency Act; 31 U.S.C. § 1341(a); injunction; declaration that lease is void

15-156 • KWR CONSTRUCTION, INC. v. USA

Filed 11/25/2015
REPORTED OPINION (PUBLISHED). Plaintiff's motion for judgment on administrative record GRANTED. Defendant's cross-motion DENIED. Agency's decision to reject plaintiff's proposal VACATED and REMANDED to agency until January 11, 2016 for further action consistent with this opinion. Defendant shall file status report by 1/11/2016. Signed by Judge Nancy B. Firestone.

Keywords: re: Reported Opinion: Post-Award Bid Protest; Price Realism; Small Business Administration; Responsibility Determination.

12-435 • WARD v. USA

Filed 11/24/2015
REPORTED ORDER REFERRING PRO SE PLAINTIFF TO PRO BONO/ATTORNEY REFERRAL PILOT PROGRAM. On or before January 8, 2016, Plaintiff shall file a notice indicating whether he consents to referral of this case to the Court of Federal Claims Bar Association Pro Bono/Attorney Referral Pilot Program. Defendant's motion to dismiss for failure to prosecute is denied. (Notice of Compliance due by 1/8/2016.). Signed by Judge Mary Ellen Coster Williams. (ac7) Copy to parties.

Keywords: re: Military Pay; Pro Bono/Attorney Referral Program

12-85 • ADVANCED AEROSPACE TECHNOLOGIES, INC., v. USA

Filed 11/24/2015
REPORTED MEMORANDUM OPINION and ORDER Ruling on Indefiniteness Asserted Regarding Certain Claim Terms in United States Patent No. 6,874,729, United States Patent No. 7,097,137, United States Patent No. 8,167,242, United States Patent No. 8,517,306. Signed by Judge Susan G. Braden.

Keywords: re: Indefiniteness; Intrinsic Evidence; Jurisdiction Over Patent Claims Against The United States,28 U.S.C. § 1498(a); The Patent Act of 1952, 35 U.S.C. § 1 et seq., 35 U.S.C. § 100 ("Definitions"), 35 U.S.C. § 112(a)-(b), (f) ("Specification"), 35 U.S.C. § 271 ("Infringement"), 35 U.S.C. § 281 ("Remedy for infringement of patent"), 35 U.S.C. § 371 ("Pending Patent Applications at the USPTO Under the Patent Cooperation Treaty"); Person of Ordinary Skill in the Art; Rules of the United States Court of Federal Claims ("RCFC") RCFC 14 ("Third-Party Practice"), RCFC 24 ("Intervention").

02-1222 • MANDICH, et al v. USA

Filed 11/24/2015
AMENDED REPORTED OPINION granting in part and denying in part Motion for Summary Judgment; granting in part and denying in part [45] Cross Motion. Status Report due by 12/11/2015. Signed by Senior Judge Eric G. Bruggink. [DOCKETED FOR ADMINISTRATIVE PURPOSES ONLY]

Keywords: re: TEFRA; Settlement; Notice of Deficiency; ComputationalAdjustment; Affected Item; 26 U.S.C. § 465; At Risk Limitation; 26 U.S.C. § 469; Passive Activity Limitation; Doctrine of Variance.

02-1222 • MANDICH, et al v. USA

Filed 11/24/2015
AMENDED REPORTED OPINION. Signed by Senior Judge Eric G. Bruggink. (bz1) Copy to parties.

Keywords: re: TEFRA; Settlement; Notice of Deficiency; ComputationalAdjustment; Affected Item; 26 U.S.C. § 465; At Risk Limitation; 26 U.S.C. § 469; Passive Activity Limitation; Doctrine of Variance.

15-148 • CYIOS CORPORATION v. USA

Filed 11/23/2015
REPORTED OPINION (public version of sealed Opinion issued October 26, 2015). Signed by Chief Judge Patricia E. Campbell-Smith.

Keywords: re: Reported Opinion Motion for Reconsideration; Post-Award Bid Protest; RCFC 59(a)(1)(B); RCFC 60(b)(6)

14-320 • LITTLE et al v. USA

Filed 11/23/2015
REPORTED OPINION granting Motion to Dismiss. The Clerk is directed to enter judgment. Signed by Judge Marian Blank Horn.

Keywords: re: Order on Motion to Dismiss, Reported Opinion. Motion to Dismiss; Lack of SubjectMatter Jurisdiction; Failure to Statea Claim; Special Pay Authority, 5 U.S.C. § 5305; Maximum Payable Rate Rule, 5 C.F.R. § 531.221; Back Pay Act, 5 U.S.C. § 5596; MandatoryPay Retention, 5 C.F.R. § 536.301.

15-746 • GRADY v. USA

Filed 11/23/2015
UNREPORTED OPINION and ORDER granting Motion to Dismiss pursuant to Rule 12(b)(1). The Clerk is directed to enter judgment. Each side shall bear its own costs. Signed by Judge Elaine D. Kaplan. (dls) Copy to parties. Modified on 11/24/2015 to indicate opinion and order is unreported.

Keywords: re: 15 U.S.C. § 78a: Securities and Exchange Act of 1934; Implied-In-Fact Contract; Implied-In-Law Contract; RCFC 12(b)(1).

15-50 • KANNADY v. USA

Filed 11/20/2015
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1) The Clerk is directed to enter judgment. Signed by Senior Judge Eric G. Bruggink. (jpk1) Copy to parties.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1): Reported Opinion: 42 U.S.C. § 3374(f); prohibition of judicial review; RCFC 12(b)(1)

15-457 • KEMP v. USA

Filed 11/20/2015
REPORTED ORDER dismissing complaint. The Clerk is directed to enter judgment. Signed by Judge Marian Blank Horn.

Keywords: re: Pro Se Plaintiff; Lack of Subject-Matter Jurisdiction; Proper Defendants; Unlawful Confinement; Admiralty.

15-1088 • RAYMOND EXPRESS INTERNATIONAL, LLC v. USA

Filed 11/18/2015
REPORTED OPINION. (public version of sealed Opinion issued 10/29/2015). Signed by Judge Lynn J. Bush.

Keywords: re: [42]: Post-Award Bid Protest; Identity of Awardee Adequately Clear; Past Performance Evaluation Consistent with Solicitation and Rational; Price Realism Inquiry Neither Arbitrary Nor Capricious and Consistent with Solicitation.

15-1197 • US SECURITIES ASSOCIATES, INC. v. USA

Filed 11/13/2015
REPORTED OPINION. Signed by Senior Judge Eric G. Bruggink. (jpk1) Copy to parties. (Main Document 33 replaced on 11/16/2015 to correct pdf and show redactions)

Keywords: re: Reported Order. Post-award bid protest; preliminary injunction; likelihood of success on the merits; fixed price; lowest priced technically acceptable offer.

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

Filed 11/12/2015
REPORTED OPINION granting in part and denying in part Plaintiffs' Motion for Protective Order. Signed by Chief Judge Patricia E. Campbell-Smith.

Keywords: re: Deposition Discovery; Protective Order; RCFC 26(c); RCFC 30(b)(6).

09-165 • EXXON MOBIL CORPORATION v. USA

Filed 11/10/2015
REPORTED OPINION denying Motion to Compel. Signed by Judge Susan G. Braden.

Keywords: re: Order on Motion to Compel, Reported Opinion28 U.S.C. § 455 (Judicial Disqualification); 28 U.S.C. § 1491(b)(1) (Tucker Act Jurisdiction); 28 U.S.C. § 1631 (Transfer for want of jurisdiction); Comprehensive Environmental Response, Compensation Act of 1944 ("CERCLA"), 42 U.S.C. § 9601 et seq.; Contract Settlement Act of 1944, 41 U.S.C. § 113(a); Rule 8 (Affirmative Defenses) of the Rules of the United States Court of Federal Claims ("RCFC"); RCFC 26(b) (Scope Of Discovery); RCFC 37(a)(3)(B) (Motion To Compel Interrogatory Answers); RCFC 40.1(a) (Assignment On Recusal); RCFC 40.1(c) (Reassignment of Case); RCFC 40.2(a)(2) (Related Case Rule).

06-167 • OTAY MESA PROPERTY L.P. et al v. USA

Filed 11/06/2015
REPORTED OPINION AND ORDER granting in part Motion for Attorney Fees. The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler.

Keywords: re: Fifth Amendment Taking; U.S. Border Patrol's Use of Seismic Intrusion Sensors on Plaintiffs' Property; Attorneys' Fees and Expenses; 42 U.S.C. § 4654.

15-833 • FCN, INC. v. USA

Filed 11/06/2015
REPORTED OPINION. Signed by Senior Judge Eric G. Bruggink. (bz1) Copy to parties.

Keywords: re: Reported Opinion Bid Protest; Pre-Award; Judgment on Administrative Record; Best Value Tradeoff; Competitive Range; FAR 15.402(a); FAR 15.306(c)

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