USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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14-1213 • WOODRUFF v. USA

Filed 08/19/2015
REPORTED OPINION granting Motion to Dismiss for lack of subject matter jurisdiction. The Clerk is directed to enter judgment. Signed by Judge Marian Blank Horn. (dls) Copy to parties. Modified on 11/16/2015 - correction to pdf(jt1).

Keywords: re: Pro Se Plaintiff; Breach of Contract; Motion to Dismiss; Lack of Subject Matter Jurisdiction; Privity of Contract; Election of Forum; Statute of Limitations.

13-211 • ALAMO et al v. USA

Filed 08/18/2015
REPORTED MEMORANDUM OPINION AND JUDGMENT denying plaintiffs' motion for summary judgment and granting defendant's motion for summary judgment. Signed by Judge Lydia Kay Griggsby.

Keywords re Reported Opinion: Fair Labor Standards Act (FLSA), 29 U.S.C. §§ 201-219; Federal Employee Pay Act (Title V), 5 U.S.C. §§ 5541-5550; Cross-Motions for Summary Judgment, Rule 56.

13-55 • AGILITY DEFENSE & GOVERNMENT SERVICES, INC. v. USA

Filed 08/18/2015
REPORTED OPINION The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler.

Keywords: re: Government Contract Claim for Disposal of Surplus Property in Middle East; Requirements Contract; Firm-Fixed-Price; Reasonableness of Historical Data; Constructive Change Claim; Assumption of Risk.

15-307 • SIGMATECH, INC. v. USA

Filed 08/18/2015
REPORTED ORDER finding as moot Plaintiff's Motion for Judgment on the Administrative Record; finding as moot [41] Intuitive's Motion for Judgment on the Administrative Record; granting [42] Defendant's 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 granting Motion to Dismiss - Rule 12(b)(1), Bid protest; 28 U.S.C. § 1500; mootness

11-236 • DEMODULATION, INC. v. USA

Filed 08/13/2015
REPORTED OPINION AND ORDER granting Motion for Sanctions pursuant to Rule 37; granting [113] Cross Motion for Additional Sanctions Against Plaintiff's Counsel; dismissing as moot in part and denying in part [114] Motion for Sanctions pursuant to Rule 37; denying [134] Motion for Reconsideration - Rule 59(a); denying [141] Motion for Extension of Time to Complete Discovery; granting [145] Motion to Amend/Correct; granting [146] Cross Motion for Protection from Further Discovery. Notice of Compliance due by 8/27/2015. Signed by Judge Thomas C. Wheeler. (se) Copy to parties. Modified on 8/14/2015 to add deadline

Keywords: re: Reported Opinion and Order; Patent Infringement Case; Rule 37 Sanctions; Dismissal of Trade Secret Claims; Reasonable Costs and Attorneys' Fees under 28 U.S.C. § 1927; Protective Order Violations; End of Fact Discovery Period; Rule 59 Motion for Reconsideration.

15-806 • JONES v. USA

Filed 08/12/2015
REPORTED OPINION denying Motion for Preliminary Injunction and Temporary Restraining Order; granting [3] Motion for Leave to Proceed in forma pauperis The Clerk is directed to enter judgment. Signed by Judge Charles F. Lettow. (ac7) Copy to parties.

Keywords: Claim by prisoner of improper federal contract funding of criminal enforcement on a tribal reservation; frivolous allegations; application of 28 U.S.C. § 1915A

06-30 • RUSSIAN RECOVERY FUND LIMITED v. USA

Filed 08/12/2015
REPORTED OPINION: The Clerk is directed to enter judgment. Signed by Senior Judge Eric G. Bruggink. (md) Copy to parties. (Main Document 384 replaced on 8/14/2015 to correct errors in pdf)

Keywords: re: Reported Opinion Taxation of partnership; bona fide partnership; 26 U.S.C. § 704; 26 U.S.C. § 721; FPAA; economic substance; step transaction; Culbertson; penalties; reasonable reliance on tax advice

14-1175 • AMERICAN SAFETY COUNCIL v. USA

Filed 08/10/2015
REPORTED OPINION AND ORDER. Signed by Judge Edward J. Damich.

Keywords: re: Cross Motions for Judgment on the Administrative Record; Motion to File Sur-reply; Motion to Supplement the Record; Bid Protest; Unduly Restrictive; Legitimate Need; Injunctive Relief; CICA; OCI

15-354 • VION CORPORATION v. USA

Filed 08/10/2015
REPORTED MEMORANDUM OPINION AND ORDER. Signed by Judge Lydia Kay Griggsby.

Keywords re Memorandum Opinion and Order: Post-Award Bid Protest; Tucker Act; 28 U.S.C. § 1491(b); RCFC 52.1; Federal Acquisition Regulation (FAR); Price Realism Analysis; Organizational Conflict of Interest; Supplementation of the Administrative Record.

14-1024 • PETRO MEX, LLC v. USA

Filed 08/10/2015
REPORTED OPINION denying Motion to Dismiss - Rule 12(b)(1). Signed by Judge Nancy B. Firestone.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1), Reported Opinion Motion to Dismiss; Breach of Lease; RCFC 12(b)(1); Statute of Limitations; RCFC 17(a)(3); Mineral Leasing Act of 1920; Lease Operator Lacks Privity; Lease Owner Must Be Given Opportunity to Intervene

15-689 • TRANSATLANTIC LINES, LLC v. USA

Filed 08/10/2015
REPORTED ORDER (public version of sealed July 31, 2015 Opinion and Order). Signed by Chief Judge Patricia E. Campbell-Smith.

Keywords: re: Post-Award Bid Protest; Cross-Motions for Judgment on the Administrative Record; Technical Proposal Evaluation

15-14 • FOURSTAR v. USA

Filed 08/06/2015
REPORTED MEMORANDUM OPINION and FINAL ORDER granting Motion for Leave to Proceed in forma pauperis; granting [12] Motion to Dismiss - Rule 12(b)(1); denying as moot all remaining motions; and prohibiting plaintiff from filing any claim in the U.S. Court of Federal Claims under 28 U.S.C. § 1915. The Clerk is directed to enter judgment. Signed by Judge Susan G. Braden. (dls) Copy to parties. (Main Document 24 replaced on 8/17/2015 to correct pdf)

Keywords: re: Jurisdiction, 28 U.S.C. § 1491; Motion to Dismiss, RCFC 12(b)(1); Pro Se; Three Strikes Rule, 28 U.S.C. § 1915.

15-66 • HICKMAN v. USA

Filed 08/04/2015
REPORTED OPINION AND ORDER granting Motion to Dismiss - Rule 12(b)(1) and denying [11] Motion for Recusal. The Clerk is directed to enter judgment. Signed by Judge Elaine D. Kaplan. (dw1) Copy to parties.

Keywords: Tucker Act; 28 U.S.C. § 1491; Subject Matter Jurisdiction; RCFC 12(b)(1); Veterans Benefits; Motion for Recusal; 28 U.S.C. § 455(a).

07-738 • WHITE BUFFALO CONSTRUCTION, INC. v. USA

Filed 08/03/2015
REPORTED OPINION The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler.

Keywords: re: Reported Opinion; Construction Contract for Road Repairs in National Forest; Default Termination Converted to Termination for Convenience of the Government; Correction of Damages Following Remand.

15-588 • GUAM INDUSTRIAL SERVICES, INC. v. USA

Filed 08/03/2015
REPORTED ORDER. Signed by Judge Susan G. Braden.

Keywords: re: Administrative Procedures Act (APA),5 U.S.C. § 706;Bid Protest, 28 U.S.C. §1491;Competition In Contracting Act (CICA),31 U.S.C. § 3551(2)(A);Federal Acquisition Regulations (FAR),1.102 (Guiding Principles),1.102-2 (Performance Standards),1.602-2 (Responsibilities),3.101-1 (Safeguards);Federal Acquisition Streamlining Act (FASA),41 U.S.C. § 4106(f)(1);Preliminary Injunction, RCFC 65(a)(1).

99-961 • WHITE BUFFALO v. USA

Filed 08/03/2015
REPORTED OPINION The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler.

13-546 • FRANKEL v. USA

Filed 07/31/2015
REPORTED OPINION The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler.

Keywords: re: FTC Robocall Challenge Contest; Disappointed Entrant; Breach of Contract Claim; Standard of Review; Effect of Exculpatory Clauses in Contest Rules; Summary Judgment.

15-694 • VEASEY v. USA

Filed 07/30/2015
REPORTED Order dismissing plaintiff's complaint for lack of jurisdiction. 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; Injunctive Relief.

15-334 • BARNES v. USA

Filed 07/30/2015
REPORTED OPINION and ORDER dismissing the case with prejudice, for lack of subject matter jurisdiction (Rule 12(b)(1)), failure to state a claim upon which relief may be granted pursuant to (Rule 12(b)(6)), and for failure to prosecute pursuant to (Rule 41(b)). The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler.

Keywords: re: DEA Seizure of Funds During Arrest for Marijuana Possession; Funds Not Taken for Public Use; Alleged Due Process Violations; Lack of Subject Matter Jurisdiction; Failure to State a Claim on Which Relief May be Granted; Dismissal for Failure to Prosecute.

13-227 • JONES et al v. USA

Filed 07/30/2015
REPORTED OPINION 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: Motion to Dismiss; Lack of Subject Matter Jurisdiction; Failure to State a Claim; Exhaustion of Administrative Remedies; Issue Preclusion; 1868 Ute Treaty; "Bad Men" Provision.

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