USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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13-95 • SANDOVAL LUA et al v. USA

Filed 09/25/2015
REPORTED OPINION granting Motion for Summary Judgment: The governments motion for summary judgment is GRANTED, and the plaintiffs cross-motion for summary judgment is DENIED. The clerk shall enter judgment for the government and against the plaintiffs. The Clerk is directed to enter judgment. Signed by Judge Charles F. Lettow.

Keywords: re: Tax case; effectiveness of taxpayers consent to assessment of taxes without notice of deficiency; assessment within statutory limitations period; payment of tax rather than deposit of funds

14-33 • BOYER, ET AL. v. USA

Filed 09/25/2015
REPORTED OPINION ( Status Report due by 10/23/2015) granting in part and denying in part Motion for Partial Summary Judgment; granting in part and denying in part [45] Cross Motion. Parties shall have until October 23, 2015 to file a proposed schedule for resolving the case. Signed by Judge Nancy B. Firestone.

Keywords: re: Order on Motion for Partial Summary Judgment, Order on Cross Motion [Dispositive], Reported Opinion: Rails-to-Trails; Fifth Amendment Takings; Oregon Law; Scope of Easement.

11-236 • DEMODULATION, INC. v. USA

Filed 09/18/2015
REPORTED OPINION nullifying Motion for Bill of Costs; modifying and granting [157] Motion for Bill of Costs; finding as moot [172] Motion for Attorney Fees. The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler.

Keywords: re: Unduly Burdensome Subpoena Duces Tecum; Failure to Allow Reasonable Response Time; Award of Attorney's Fees and Costs as Sanction Under Rule 45(d)(1).

14-1170 • CSX TRANSPORTATION, INC. v. USA

Filed 09/18/2015
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1). Signed by Judge Elaine D. Kaplan.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1), Reported Opinion Subject Matter Jurisdiction; Breach of Contract; Contract Disputes Act; Procurement Contract; Bailment Agreement; Certified Claim; Defective Certification

15-616 • SCHOTT GOVERNMENT SERVICES, LLC v. USA

Filed 09/17/2015
REPORTED OPINION. Signed by Senior Judge Eric G. Bruggink. (bz1) Copy to parties.

Keywords: re: Bid Protest; Post-Award; Judgment on Administrative Record; Contract Modification; 10 U.S.C. § 2304 (a)(1)(A); Security Clearance; Contract Interpretation

15-785 • TENICA & ASSOCIATES, INC v. USA

Filed 09/17/2015
REPORTED OPINION (originally filed under seal on September 1, 2015). Re-issued without redactions. Signed by Chief Judge Patricia E. Campbell-Smith.

Keywords: re: Bid Protest Jurisdiction; 28 U.S.C. § 1491(b)(1); Preliminary Injunction; Mootness; Ripeness; Standing Reported Opinion

13-455 • BELL et al v. USA

Filed 09/17/2015
REPORTED OPINION (Joint Status Report due by 11/2/2015) denying Motion to Certify Class. Signed by Chief Judge Patricia E. Campbell-Smith.

Keywords: re: Order on Motion to Certify Class, Reported Opinion Class Certification; RCFC 23; Size of the Individual Claims

15-873 • PER AARSLEFF A/S v. USA

Filed 09/16/2015
REPORTED OPINION AND ORDER, reflecting redactions from the opinion and order previously entered under seal on September 9, 2015. Signed by Judge Charles F. Lettow.

Keywords: re: Reported Opinion: Pre-award bid protest of a bridge contract planned after a competitively awarded contract was enjoined; justification and approval for sole-source award; standing; motion for preliminary injunction; equitable factors; absence of immediate irreparable injury.

13-414 • ANHAM, FZCO v. USA

Filed 09/15/2015
REPORTED OPINION on MOTION for Extension of Time until 02/18/2016 to File Response to Anham's motion for partial summary judgment filed by USA. Defendant's response to Plaintiff's motion for partial summary judgment due by 10/13/2015. Signed by Judge Mary Ellen Coster Williams. (TF3) Copy to parties.

Keywords: re: Motion for Enlargement of Time; RCFC 56(d); RCFC 6(b); Partial Summary Judgment; Affidavit or Declaration Required to Request Discovery Prior to Responding to a Motion for Summary Judgment. (TF3)

11-31 • WESTON/BEAN JOINT VENTURE v. USA

Filed 09/11/2015
POST-TRIAL OPINION AND ORDER The Clerk is directed to enter judgment. Signed by Judge Elaine D. Kaplan.

Keywords: re: Post-Trial Opinion and Order Differing Site Condition; Constructive Change; Defective Design Specifications; FAR 52.236-2; FAR 52.243-4; FAR 52.249-10(b)(1); Maintenance Dredging; Implied Duty of Good Faith and Fair Dealing; Liquidated Damages.

15-162 • DAVIS v. USA

Filed 09/10/2015
REPORTED MEMORANDUM OPINION and ORDER granting Motion to Dismiss - Rule 12(b)(1) and (6); denying as moot [12] Motion for Partial Summary Judgment; denying as moot Motion for Judgment on the Pleadings (contained in [16] Response to Motion to Dismiss); and granting [3] Motion for Leave to Proceed in forma pauperis. The Clerk is directed to enter judgment. Signed by Judge Lydia Kay Griggsby.

Keywords: re: Pro se; Rule 12(b)(1), Subject-Matter Jurisdiction; Rule 12(b)(6), Failure to State a Claim; Rule 56, Motion for Partial Summary Judgment; Rule 12(c), Judgment on the Pleadings; In Forma Pauperis.

12-902 • DAIRYLAND POWER COOPERATIVE v. USA

Filed 09/09/2015
REPORTED ORDER denying Motion in Limine. Signed by Judge Edward J. Damich.

Keywords: re: Motion in limine, Spent Nuclear Fuel, Offset Costs, Incurred Costs, Res Judicata

10-647 • COLONIAL CHEVROLET CO., INC. et al v. USA

Filed 09/09/2015
REPORTED OPINION denying Motion to Dismiss - Rule 12(b)(6). Signed by Judge Nancy B. Firestone.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(6), Reported Opinion; Motion to Dismiss for Failure to State a Claim; RCFC 12(b)(6); Allegations Sufficient to State a Fifth Amendment Taking; Allegations of Economic Loss

11-100 • ALLEY'S OF KINGSPORT, INC et al v. USA

Filed 09/09/2015
REPORTED OPINION denying Motion to Dismiss - Rule 12(b)(6). Signed by Judge Nancy B. Firestone.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(6), Reported Opinion; Motion to Dismiss for Failure to State a Claim; RCFC 12(b)(6); Allegations Sufficient to State a Fifth Amendment Taking; Allegations of Economic Loss

12-900 • UNION DODGE, INC. et al v. USA

Filed 09/09/2015
REPORTED OPINION denying Motion to Dismiss - Rule 12(b)(6). Signed by Judge Nancy B. Firestone.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(6), Reported Opinion: Motion to Dismiss for Failure to State a Claim; RCFC 12(b)(6); Allegations Sufficient to State a Fifth Amendment Taking; Allegations of Economic Loss

12-305 • VANGUARD CONSTRUCTION, INC. v. USA

Filed 09/08/2015
REPORTED OPINION AND ORDER denying Motion for Summary Judgment. Status Report due by 9/22/2015. Signed by Judge Thomas C. Wheeler.

Keywords: re: Order on Motion for Summary Judgment; Construction Contract Dispute; Whether Default Termination is Excusable; Government Duty to Provide Reasonable Clarification Upon Request; Existence of Material Fact Issues.

14-307 • SAVANTAGE FINANCIAL SERVICES, INC v. USA

Filed 09/03/2015
REPORTED OPINION (reissuing Opinion and Order for publication). Signed by Judge Margaret M. Sweeney. (kb1)

Keywords: re: Reported Opinion - Bid Protest; Financial Management Software Systems and Related Services; Migration to Federal Shared Service Providers Without Competition; Competition in Contracting Act of 1984; Economy Act; Government Management Reform Act of 1994; Subject Matter Jurisdiction; Ripeness; Standing; Supplementation of the Administrative Record; Amendment of Complaint

15-389 • EMERSON v. USA

Filed 09/03/2015
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1); finding as moot [7] Motion for Judgment on the Pleadings and; finding as moot [12] Motion for Summary Judgment. The Clerk is directed to enter judgment. Signed by Judge Elaine D. Kaplan. (dw1) Copy to parties.

Keywords: re: Pro Se Plaintiff; Motion to Dismiss for Lack of Subject Matter Jurisdiction; RCFC 12(b)(1); Unjust Conviction and Imprisonment; 28 U.S.C. § 1495; 28 U.S.C. § 2513.

15-75 • ADVANCED CONCEPTS ENTERPRISES, INC. v. USA

Filed 09/02/2015
REPORTED ORDER granting Motion to Redact Memorandum Opinion And Final Order. Signed by Judge Susan G. Braden.

Keywords: re: Administrative Record,RCFC 52.1Bid Protest;Federal Acquisition Regulations (FAR),15.306 (Clarifications),15.404-1 (Unbalanced Pricing),16.201 (Firm-Fixed Contracts);52.215-1 (Instructions To Offerors)Preliminary Injunction,RCFC 65.

15-343 • BAKER v. USA

Filed 09/02/2015
REPORTED ORDER granting Motion to Dismiss - Rule 12(b)(1) and (6); denying as moot [14] Motion for Summary Judgment. The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1) and (6), Order on Motion for Summary Judgment, Reported Opinion. Claims for Breach of Employment Settlement Agreement, Discrimination, Defamation of Character, Infliction of Emotional Distress, and Retaliation; Subject Matter Jurisdiction; Lack of Money-Mandating Source of Law or Settlement Provision.

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