USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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11-492 • MERIDIAN ENGINEERING COMPANY v. USA

Filed 07/22/2015
REPORTED ORDER. Signed by Judge Susan G. Braden. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D)

Keywords: re: Breach of Contract; Cardinal Change;Contract Disputes Act, 41 U.S.C. §§ 601613;Duty of Good Faith and Fair Dealing;Federal Acquisition Regulations:31.205-33 (Professional and Consultant Service Costs);52.211-10 (Commencement, Prosecution, and Completion of Work);52.233-1 (Disputes);52.236-2 (Differing Site Conditions);52.242-14 (Suspension of Work);52.243-4 (Changes);52.248-3 (Value EngineeringConstruction).

14-397 • JACKSON v. USA

Filed 07/21/2015
REPORTED OPINION denying Motion to Strike. Signed by Judge Mary Ellen Coster Williams.

Keywords: re: Motion to Strike; Summary Judgment; Credibility; Reliability; Genuine Issue of Material Fact; Rule 56(c).

11-804 • SUFI NETWORK SERVICES, INC. v. USA

Filed 07/21/2015
REPORTED OPINION The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler.

Keywords: re: Non-Appropriated Fund Contract; Wunderlich Act Review; Finality of Board of Contract Appeals' Decision.

14-513 • THALES VISIONIX INC. v. USA

Filed 07/20/2015
REPORTED OPINION granting Motion for Judgment on the Pleadings The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler.

Keywords: re: Patent Infringement Claim; Helmet-Mounted Display System; F-35 Joint Strike Fighter Aircraft; Motion Tracking Technology; 35 U.S.C. § 101; Patent Eligibility Analysis.

12-641 • ENTERGY NUCLEAR PALISADES, LLC v. USA

Filed 07/17/2015
ORDER denying Motion for Reconsideration. Signed by Judge Nancy B. Firestone.

Keywords: re: Order on Motion for Reconsideration. Motion for Reconsideration; Entry of Partial Judgment; RCFC 59; RCFC 60; RCFC 54; Spent Nuclear Fuel; Breach of Contract; Agreed-upon Portion of Damages

14-230 • DAVID NASSIF ASSOCIATES LIQUIDATING TRUST v. USA

Filed 07/17/2015
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1); denying [11] Motion for Hearing The Clerk is directed to enter judgment. Signed by Judge Lawrence J. Block.

13-1021 • EAGLEHAWK CARBON, INC. et al v. USA

Filed 07/16/2015
REPORTED OPINION denying Plaintiff's Motion for Summary Judgment; and granting [37] Defendant's Cross Motion for Summary Judgment. The Clerk's Office is directed to ENTER final judgment in favor of defendant, DISMISSING the complaint with prejudice. No Costs. Signed by Judge Lynn J. Bush.

Keywords: re: Tax; Interest Rate on Overpayment, 26 U.S.C. § 6621(a)(1) (2012); Subchapter S Corporations Treated as Corporations.

15-119 • A-T SOLUTIONS, INC. v. USA

Filed 07/14/2015
REPORTED OPINION. The Clerk is directed to enter judgment. Signed by Judge Mary Ellen Coster Williams.

Keywords: re: Post-award Bid Protest; 28 U.S.C. § 1491(b)(1); Transition Plan Feasibility; Cost Evaluation; Cost Realism Analysis; FAR 15.404-1; Technical Evaluation; Adjectival Ratings; Unequal Treatment; Best Value Determination.

14-135 • MEMMER v. USA

Filed 07/10/2015
REPORTED OPINION granting in part and denying in part MOTION for Partial Summary Judgment and granting in part and denying in part [24] CROSS MOTION. Joint Status Report due by 7/24/2015. Signed by Judge Margaret M. Sweeney. (kb1)

Keywords: re: Reported Opinion on Cross-Motions for Partial Summary Judgment, Rails-to-Trails; Fifth Amendment Taking; Conveying Easements Under Indiana Law; Recreational Trails Beyond the Scope of Railroad Purposes Easements; No Trail Use Agreement Executed; Expiration of NITU; Failure to Consummate Abandonment; Offer of Financial Assistance

15-30 • GUARDIAN MOVING AND STORAGE CO., INC. v. USA

Filed 07/10/2015
REPORTED OPINION. Signed by Judge Elaine D. Kaplan.

Keywords: re: Reported Opinion: Bid Protest; Corrective Action; Motion to Dismiss; Standing; Mootness; Motion for Judgment on the Administrative Record; FAR 15.308; FAR 15.307(b); FAR 52.212-1; FAR 15.206; FAR 15.306

15-240 • ROSS v. USA

Filed 07/09/2015
REPORTED MEMORANDUM OPINION and ORDER granting Motion to Dismiss - Rule 12(b)(1). The Clerk is directed to enter judgment. Signed by Judge Lydia Kay Griggsby.

Keywords: re: Pro Se; Rule 12(b)(1); Subject-Matter Jurisdiction.

15-226 • HAYNES v. USA

Filed 07/06/2015
REPORTED MEMORANDUM OPINION and FINAL ORDER granting Motion to Dismiss - Rule 12(b)(1). The Clerk is directed to enter judgment. Signed by Judge Susan G. Braden.

Keywords: re: Jurisdiction; Motion To Dismiss, RCFC 12(b)(1); Pro se.

14-8 • WIDTFELDT v. USA

Filed 07/02/2015
REPORTED OPINION and ORDER granting Motion to Dismiss for lack of subject matter jurisdiction. The Clerk is directed to enter judgment. Signed by Judge Margaret M. Sweeney.

Keywords: re: Pro Se Plaintiff: Subject Matter Jurisdiction; Failure to State a Claim; RCFC 12(b)(1); RCFC 12(b)(6); 26 U.S.C. § 6511; 26 U.S.C. § 7422(a); 26 U.S.C. § 7482(a)(1); Frivolous Complaint Filed by Suspended Attorney; History of Abuse of Court System; Costs to Defendant.

12-484 • FASTSHIP, LLC v. USA

Filed 07/02/2015
REPORTED OPINION AND ORDER, reflecting no redactions from the opinion and order previously entered under seal on June 26, 2015. Signed by Judge Charles F. Lettow.

Keywords: re: Patent case; manufactured for purposes of alleged infringement under 28 U.S.C. § 1498(a); partial summary judgment.

10-303 • THOMAS v. USA

Filed 06/30/2015
REPORTED OPINION Defendant's Motion for Summary Judgment is granted. Plaintiff's Motion for Summary Judgment is dismissed. Plaintiff's Amended Complaint is dismissed. The Clerk is directed to enter judgment. Signed by Judge Marian Blank Horn.

Keywords: re: Summary Judgment; Army Corps of Engineers; Civilian Pay; Living Quarters Allowance; Overseas Differentials and Allowances Act, 5 U.S.C. § 5921 et seq.

15-254 • WIT ASSOCIATES, INC. v. USA

Filed 06/30/2015
REPORTED OPINION. Signed by Judge Elaine D. Kaplan.

Keywords: re: Post-Award Bid Protest; Tucker Act; 28 U.S.C. § 1491(b); Subject Matter Jurisdiction; RCFC 12(b)(1); Standing; FAR 52.212-1(c); Expired Offer; Waiver; Period for Acceptance; Revived Offer

13-515 • WHR GROUP, INC. v. USA

Filed 06/29/2015
REPORTED OPINION The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler.

Keywords: re: Bid Protest; Claim for Attorney's Fees and Expenses Under the Equal Access to Justice Act; Injunctive Relief Granted; Irrational Corrective Action; Whether Defendant's Position was Substantially Justified.

14-817 • NORTHERN CALIFORNIA POWER AGENCY et al v. USA

Filed 06/29/2015
REPORTED ORDER denying Motion to Dismiss - Rule 12(b)(1) and Rule 12(b)(6). Answer due by 7/13/2015. Signed by Judge Thomas C. Wheeler. (se) Copy to parties. Modified on 6/30/2015 to add deadline

Keywords: re: Order on Motion to Dismiss; Rule 12(b)(1) Motion to Dismiss; Subject Matter Jurisdiction; Rule 12(b)(6) Motion to Dismiss; Failure to State a Claim Upon Which Relief Can Be Granted; Illegal Exaction Claim; Section 3407(d), Central Valley Project Improvement Act.

14-1019 • ALLENSWORTH et al v. USA

Filed 06/26/2015
REPORTED OPINION denying Cross Motion; granting in part and denying in part [6] Motion for Summary Judgment. Answer due by 7/10/2015. Signed by Judge Thomas C. Wheeler. (jf) Copy to parties. Modified on 6/29/2015 to add deadline

Keywords: re: Claims for Overtime and Sunday Premium Pay; Bureau of Prisons Correctional Officers; Arbitration Settlement; Res Judicata Effect.

15-570 • BULLOCK v. USA

Filed 06/22/2015
REPORTED OPINION: Plaintiff's complaint is dismissed. The Clerk is directed to enter judgment. Signed by Judge Marian Blank Horn. (ar) Copy to parties. (jt1). Modified on 6/23/2015 - OCR (jt1).

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

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