USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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12-303 • HITKANSUT LLC et al v. USA

Filed 05/11/2016
REPORTED ORDER: the parties' motions in limine and motions to strike are DENIED, with the exception of plaintiffs' motion to admit deposition testimony, ECF No. 149, which is GRANTED subject to preservation of specific objections to be heard at trial. Signed by Judge Charles F. Lettow.

Keywords: Patent case; pre-trial motions in limine

16-98 • PRICEWATERHOUSECOOPERS PUBLIC SECTOR, LLP v. USA

Filed 05/10/2016
REPORTED OPINION. Signed by Judge Marian Blank Horn.

Keywords: re: Reported Opinion. Pre-Award Bid Protest; Corrective Action; 48 C.F.R. § 8.405; Injunctive Relief; Subject Matter Jurisdiction; Federal Acquisition Streamlining Act, 10 U.S.C. § 2304c(e); Organizational Conflicts of Interest; Unequal Treatment.

11-418 • ADAMS v. USA

Filed 05/09/2016
REPORTED OPINION granting Motion for Judgment on the Administrative Record; denying [58] Motion for Judgment on the Administrative Record The Clerk is directed to enter judgment. Signed by Judge Elaine D. Kaplan.

Keywords: re: Judgment on the Administrative Record; RCFC 52.1(c); 10 U.S.C. § 1201; 10 U.S.C. § 1413a; Military Retirement Pay; Combat-Related Special Compensation.

15-1409 • MSC INDUSTRIAL DIRECT CO., INC. v. USA

Filed 05/06/2016
REPORTED OPINION. Signed by Senior Judge Eric G. Bruggink. (bz1) Copy to parties.

Keywords: re: Bid Protest; Pre-Award; Corrective Action; Federal Supply Schedule; Blanket Purchase Agreement, FAR 8.405-3; AbilityOne Program

15-1168 • DEEMER v. USA

Filed 05/06/2016
REPORTED OPINION--Filed this date. Signed by Senior Judge Robert J. Yock.

Keywords: re:Opinion and Order--Military Pay; Disability Severance Pay; Age-based Retirement; Jurisdiction; Statute of Limitations; RCFC 12(b)(1) and 12(b)(6).

16-174 • SIGMATECH, INC. v. USA

Filed 05/05/2016
REPORTED OPINION The Clerk is directed to enter judgment. Signed by Judge Susan G. Braden. (ms) Copy to parties.REPORTED OPINION The Clerk is directed to enter judgment. Signed by Judge Susan G. Braden.

Keywords: re: Reported Opinion, Rule 37(b)(2)(C) of the Rules of the United States Court of Federal Claims (Sanctions For Not Obeying A Discovery Order).

15-1184 • CLARK v. USA

Filed 05/05/2016
REPORTED OPINION and ORDER granting Motion to Dismiss pursuant to Rule 12(b)(1); denying [12] Motion for Discovery; denying [15] Motion to Supplement Pleadings - Rule 15(d); granting [2] Motion for Leave to Proceed in forma pauperis for the limited purpose of dismissing the complaint. The Clerk is directed to enter judgment. Signed by Judge Elaine D. Kaplan.

Keywords: re: RCFC 12(b)(1); Motion to Dismiss; Fifth Amendment Takings Clause; Caveat.

14-388 • HARDY et al v. USA

Filed 05/04/2016
REPORTED ORDER granting in part and denying in part Motion for Partial Summary Judgment; granting in part and denying in part [38] Cross Motion. Joint status report due by 5/23/16. Signed by Judge Margaret M. Sweeney.

Keywords: re: Rails-to-Trails; Fifth Amendment Taking; NITU; Easement; Fee Simple; Strip of Land; Right-of-Way; Railroad Purposes; Deed; Conveying Easements Under Georgia Law; Scope of Easement; Parcel of Land

05-1119 • ST. BERNARD PARISH GOVERNMENT v. USA

Filed 05/04/2016
REPORTED Order REPORTED OPINION granting Motion to Certify Class; finding as moot [282] Motion to Certify Interlocutory Appeal. The Clerk is directed to enter judgment. Signed by Judge Susan G. Braden. (ej) Copy to parties.REPORTED Order REPORTED OPINION granting [91] Motion to Certify Class; finding as moot [282] Motion to Certify Interlocutory Appeal. The Clerk is directed to enter judgment. Signed by Judge Susan G. Braden.

Keywords: re: Reported Opinion - Federal Rules of Evidence; Rule 26 of the Rules of the United States Court of Federal Claims (RCFC) (General provisions governing discovery). (ej)Keywords: re: [320] Reported Opinion, Reported Order, Order on Motion to Certify Class, Order on Motion to Certify Interlocutory Appeal, Reported Opinion, Reported Order, Just Compensation Award For A Temporary Takings Claim, U.S. CONST. Amend. V; Rules of the United States Court of Federal Claims (RCFC) 23(a) Class Action; RCFC 23(b) Class Actions Maintainable; RCFC 23(c) Class Certification Order; RCFC 23(g)(1) (Appointing Class Counsel); RCFC 54(b) Judgment Involving Multiple Parties; RCFC 56 Summary Judgment.

05-1119 • ST. BERNARD PARISH GOVERNMENT v. USA

Filed 05/04/2016
REPORTED OPINION AND FINAL ORDER REGARDING EVIDENTIARY ISSUES. Signed by Judge Susan G. Braden.

Keywords: re: Reported Opinion - Federal Rules of Evidence; Rule 26 of the Rules of the United States Court of Federal Claims (RCFC) (General provisions governing discovery). (ej)Keywords: re: [320] Reported Opinion, Reported Order, Order on Motion to Certify Class, Order on Motion to Certify Interlocutory Appeal, Reported Opinion, Reported Order, Just Compensation Award For A Temporary Takings Claim, U.S. CONST. Amend. V; Rules of the United States Court of Federal Claims (RCFC) 23(a) Class Action; RCFC 23(b) Class Actions Maintainable; RCFC 23(c) Class Certification Order; RCFC 23(g)(1) (Appointing Class Counsel); RCFC 54(b) Judgment Involving Multiple Parties; RCFC 56 Summary Judgment.

11-751 • MARTINEZ v. USA

Filed 04/29/2016
REPORTED OPINION denying Motion for Relief from Judgment - Rule 60. Signed by Judge Elaine D. Kaplan.

Keywords: re: Federal Rules of Appellate Procedure Rule 4(a); 28 U.S.C. § 2017; 28 U.S.C. § 2522; Excusable Neglect; RCFC 60(b).

11-201 • ROSS-HIME DESIGNS, INC. v. USA

Filed 04/29/2016
CLAIM CONSTRUCTION OPINION AND ORDER. Joint Proposed Schedule due by 5/13/2016. Signed by Judge Mary Ellen Coster Williams.

Keywords: re: Patent Infringement; 28 U.S.C. § 1498; Claim Construction; Ordinary and Customary Meaning; Prosecution History Disclaimer.

14-242 • CFS INTERNATIONAL CAPITAL CORPORATION v. USA

Filed 04/29/2016
REPORTED OPINION on MOTION for Summary Judgment filed by CFS INTERNATIONAL CAPITAL CORPORATION granting [34] Motion for Summary Judgment. Proposed judgment due 5/20/2016.. Signed by Senior Judge Nancy B. Firestone.

Keywords: re: Order on Motion for Summary Judgment: Breach of Contract; Assignment Agreement; Export-Import Bank; Motion for Summary Judgment

15-586 • JUDD v. USA

Filed 04/28/2016
Docketed for Administrative Purposes REPORTED ORDER denying Motion for Relief from Judgment - Rule 60. Signed by Senior Judge Nancy B. Firestone. (jt1) Copy to parties.

Keywords: re: Pro Se; Denial of Motion for Relief; RCFC 54(b); RCFC 60(b)

16-101 • Q INTEGRATED COMPANIES, LLC v. USA

Filed 04/28/2016
REPORTED OPINION, reflecting redactions from the opinion and order previously entered under seal on April 20, 2016. Signed by Judge Charles F. Lettow.

Keywords: re: Reported Opinion: Post-award bid protest; HUD asset-management contracts for three geographic areas; awards based upon a trade-off between past performance ratings and price; challenge to past performance ratings; adequacy and fairness of discussions with offerors within the competitive range; FAR § 15.306(d).

14-814 • WADE v. USA

Filed 04/28/2016
REPORTED OPINION denying Defendant's Motion for Judgment on the Administrative Record and granting [20] Plaintiff's Cross-motion for Judgment on the Administrative Record. The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler.

Keywords: re: Review of BCNR Administrative Decisions Resulting in Discharge From the Navy; Procedures of Administrative Separation Board; Standard of Review; Available Remedies.

16-362 • NATIONAL AIR CARGO GROUP, INC. v. USA

Filed 04/28/2016
REPORTED OPINION AND ORDER: The United States' motion to dismiss, ECF No. 11, is DENIED. National's motion for a preliminary injunction and its application and supplemental application for a temporary restraining order, ECF Nos. 12 & 29, are also DENIED. On or before May 10, 2016, the parties shall submit a Joint Status Report regarding further proceedings in this matter. Signed by Judge Charles F. Lettow.

Keywords: Bid protest; multiple awards of indefinite-delivery/ indefinite-quantity contracts; challenge by one of the awardees to a later award of an additional contract; statutory prerequisites for a bid protest; 28 U.S.C § 1491(b)(1); standing; dispute over applicability of the Competition in Contracting Act to the later award

00-512 • PETRO-HUNT, L.L.C. v. USA

Filed 04/26/2016
REPORTED OPINION. Signed by Judge Marian Blank Horn. (jm5) Copy to parties. Modified on 5/3/2016 - correction to pdf(jt1).

Takings; Judicial Takings Claim; Motion to Dismiss; Subject-Matter Jurisdiction. Keywords: re: Reported Opinion

11-775 • PETRO-HUNT, L.L.C. v. USA

Filed 04/26/2016
REPORTED OPINION. Signed by Judge Marian Blank Horn.

Takings; Judicial Takings Claim; Motion to Dismiss; Subject-Matter Jurisdiction. Keywords: re: Reported Opinion

16-126 • UNIVERSAL PROTECTION SERVICE, LP v. USA

Filed 04/26/2016
REPORTED OPINION. Signed by Judge Marian Blank Horn.

Post-Award Bid Protest; Motion to Dismiss; Standing; Successor-in-Interest. Keywords: re: Reported Opinion

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