USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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13-949 • SOLARIA CORPORATION et al v. USA

Filed 09/01/2015
REPORTED ORDER granting Motion to Dismiss. Signed by Judge Susan G. Braden.

Keywords: re:22 U.S.C. § 2291 et seq. (Overseas PrivateInvestment Corporation);28 U.S.C. § 1491 (Tucker Act);41 U.S.C. § 7102 (Contract Disputes Act);Jurisdiction;Motion To Dismiss,RCFC 12(b)(1) (Subject-matterjurisdiction),RCFC 12(b)(6) (Failure to state a claim).

13-396 • BARLOW et al v. USA

Filed 09/01/2015
REPORTED OPINION granting in part and denying in part Cross Motion; finding as moot [46] Motion for Oral Argument; granting in part and denying in part [28] Motion for Partial Summary Judgment. (Status Report due by 9/22/2015). Signed by Judge Lydia Kay Griggsby.

Keywords: re: Rails-to-Trails; Fifth Amendment Takings; National Trails System Act; Illinois Law; Fee Simple; Easement; Notice of Interim Trail Use (NITU).

15-191 • ALFORD v. USA

Filed 09/01/2015
Order of Dismissal finding as moot Motion to Dismiss - Rule 12(b)(1)and finding as moot [18] Motion for Summary Judgment. The Clerk is directed to enter judgment. Signed by Judge Nancy B. Firestone. Docketed for Administrative Purposes (jt1) Copy to parties.

Keywords: re: Pro Se Plaintiff; 28 U.S.C. § 1500; Lack of Subject-Matter Jurisdiction

99-2051 • ATHEY et al v. USA

Filed 08/31/2015
REPORTED OPINION regarding claims for interest under the Back Pay Act. Signed by Chief Judge Patricia E. Campbell-Smith.

Keywords: re: Reported Opinion---Lump-Sum Payment for Annual Leave; 5 U.S.C. § 5551 et seq.; 5 C.F.R. § 550.1202; Back Pay Act; Interest; 5 U.S.C. § 5596; 5 C.F.R. § 550.803.

15-411 • CLAYGROUP, LLC, THE v. USA

Filed 08/31/2015
REPORTED ORDER. Signed by Judge Susan G. Braden.

Keywords: re: Ability-One Program,41 C.F.R § 51-1.1(a);Bid Protest,28 U.S.C. §1491;Competition In Contracting Act Of 1984,31 U.S.C §§ 35513556;Judgment On The Administrative Record,RCFC 52.1;Small Business Concerns,38 U.S.C.§ 8127;Standing.

95-39 • ANCHOR SAVINGS BANK v. USA

Filed 08/31/2015
REPORTED OPINION--Filed this date. Signed by Judge Lawrence J. Block.

Keywords: re: Reported Opinion: Winstar, Tax Gross Up

11-236 • DEMODULATION, INC. v. USA

Filed 08/27/2015
REPORTED OPINION AND ORDER granting in part and finding as moot in part Motion for Partial Summary Judgment and denying [111] Cross-Motion and RESPONSE to [94] MOTION for Partial Summary Judgment. Signed by Judge Thomas C. Wheeler.

Keywords: re: Reported Opinion and Order on Motion for Partial Summary Judgment; Privity of Contract; Cooperative Research and Development Agreement (CRADA); Subcontractor Claims; Subject Matter Jurisdiction; Partial Summary Judgment.

15-16 • AUTHENTIC APPAREL GROUP, LLC et al v. USA

Filed 08/26/2015
REPORTED ORDER granting Motion to Dismiss - Rule 12(b)(1); ( Status Report due by 9/28/2015). Signed by Judge Susan G. Braden.

Keywords: re: Jurisdiction;Motion To Dismiss,RCFC 12(b)(1);Tucker Act,28 U.S.C. § 1491.

13-232 • CAMERON LANNING CORMACK v. USA

Filed 08/26/2015
REPORTED OPINION reflecting no redactions from the document previously filed under seal on August 18, 2015. Signed by Judge Charles F. Lettow.

Keywords: re: Reported Opinion; Patent case; defendants' motion for summary judgment on grounds of non-infringement.

15-673 • IEI-CITYSIDE JV v. USA

Filed 08/25/2015
REPORTED OPINION - Reissued. Signed by Judge Elaine D. Kaplan.

Keywords: re: Post-Award Bid Protest; Small Business Administration; Joint Venture Agreement; 13 C.F.R. § 124.513; 13 C.F.R. § 121.103(h)(3); Mentor/Protg; Affiliation.

14-494 • BAHA v. USA

Filed 08/24/2015
REPORTED OPINION Denying in part and Granting in part Motion to Dismiss pursuant to Rules 12(b)(1) and (6) Or To Provide Notice To Interested Parties filed by USA. Signed by Judge Nancy B. Firestone.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1) and (6), Reported Opinio: Motion to Dismiss; Lack of Jurisdiction; RCFC 12(b)(1); Failure to State a Claim; RCFC 12(b)(6); Pleading Contractual Provisions; RCFC 9(k); Contract Disputes Act; Notice to Interested Parties; RCFC 14(b)(3); RCFC 12(b)(7)

11-541 • NEW ORLEANS REGIONAL PHYSICIAN HOSPITAL ORGANIZATION, INC v. USA

Filed 08/21/2015
REPORTED OPINION granting in part and denying in part Motion to Compel. As further specified herein, the parties shall agree on further discovery by September 21, 2015, defendant shall complete any new document production by November 23, 2015, the parties shall agree to a schedule for any further depositions by December 9, 2015, fact discovery shall be completed by February 1, 2016, and the parties shall file a joint status report on further proceedings by February 16, 2016. Signed by Chief Judge Patricia E. Campbell-Smith.

Keywords: re: Order on Motion to Compel, Reported Opinion: Motion to compel; RCFC 37; Conferring in good faith; Discovery; Search protocol; E-discovery; Relevance of discovery, Retaking depositions; Attorneys fees pursuant to RCFC 37(a)(5)(C).

15-498 • ACC CONSTRUCTION COMPANY, INC. v. USA

Filed 08/21/2015
REPORTED OPINION. Signed by Senior Judge Eric G. Bruggink. (bz1) Copy to parties.

Keywords: re: Reported Opinion Bid Protest; Two-Phase Procurement; Unstated Evaluation Criteria; 10 U.S.C. §§ 2305, 2305a; FAR 15.305; Lack of Prejudice.

15-148 • CYIOS CORPORATION v. USA

Filed 08/21/2015
REPORTED OPINION (public version of sealed Opinion issued July 31, 2015). Signed by Chief Judge Patricia E. Campbell-Smith. (rl) Copy to parties. Modified on 9/8/2015 - corrected pdf (jt1).

Keywords: re: Reported Opinion: Post-Award Bid Protest; Motion to Dismiss for Lack of Jurisdiction; Standing; Cross-Motions for Judgment on the Administrative Record; Technical Evaluations

12-898 • SIKORSKY AIRCRAFT CORPORATION v. USA

Filed 08/20/2015
REPORTED OPINION & ORDER: The court GRANTS Sikorsky's Motion for Judgment on the Pleadings, and Sikorsky prevails in its suit to overturn the government's alternative claim. The clerk shall enter judgment for Sikorsky and against the government both on the complaint and on the counterclaim. Sikorsky is awarded its costs of suit. Signed by Judge Charles F. Lettow.

Keywords: re: Second litigation over a contractor's compliance with Cost Accounting Standards pertinent to indirect materiel overhead costs; government's"alternative" claim to that litigated to final judgment in the prior action; applicability of the doctrine of claim preclusion.

14-1157 • CRUMLEY v. USA

Filed 08/20/2015
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. Military pay; wrongful discharge, 10 U.S.C. § 1558(f); Reduction in Force Board; selection board; special board requirement for judicial review.

13-1011 • LATURNER v. USA

Filed 08/20/2015
REPORTED OPINION granting in part and denying in part Motion to Dismiss - Rule 12(b)(1) and (6). Signed by Judge Elaine D. Kaplan.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1) and (6), Reported Opinion : RCFC 12(b)(1); RCFC 12(b)(6); U.S. Savings Bonds; 31 C.F.R. § 315.20; "Valid, Judicial Proceedings"; Title-Based Escheat; Breach of Contract; Third-Party Beneficiary; Fifth Amendment Taking

14-1236 • JOHNSON v. USA

Filed 08/20/2015
REPORTED OPINION AND ORDER: Granting in part Motion to Dismiss - Rule 12(b)(1). Signed by Judge Lynn J. Bush. (ac7) Copy to parties.

Keywords: re: Military Pay and Disability Retirement Claims; Accrual of Claims.

15-838 • EL v. USA

Filed 08/19/2015
REPORTED OPINION AND ORDER granting Motion for Leave to Proceed in forma pauperis The Clerk is directed to enter judgment. Signed by Judge Margaret M. Sweeney. (ac7) Copy to parties.

Keywords: re Pro Se Plaintiff; Dismissal for Lack of Jurisdiction; Application to Proceed In Forma Pauperis

15-193 • MILGROOM et al v. USA

Filed 08/19/2015
REPORTED OPINION granting Motion to Dismiss for lack of subject matter jurisdiction; and denying [11] Motion for leave to file an amended complaint. The Clerk is directed to enter judgment. Costs to defendant. Signed by Judge Marian Blank Horn.

Keywords: re: Reported Opinion on Motion to Dismiss - Rule 12(b)(1) and (6), Order on Motion to Amend Pleadings - Rule 15(b).

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