USCFC General Jurisdiction-Reported

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17-1875 • GLOBAL DYNAMICS, LLC v. USA

Filed 03/14/2018
REPORTED OPINION of the court's February 27, 2018 opinion, ECF No. [61], which was issued under seal. The parties were invited to identify source selection, proprietary or confidential material subject to deletion on the basis that the material was protected/privileged, on or before 3/14/2018. On 3/13/2018, the parties notified the court that they had no proposed redactions to the court's opinion of February 27, 2018. See ECF No. [68]. Thus, the sealed and public versions of this opinion are identical, except for the publication date and this footnote. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made.

Keywords: re: Order on Motion for Judgment on the Admin. Record, Order on Cross Motion [Dispositive], Sealed Opinion/Order, [69] Reported Opinion. Bid Protest; Sole-Source Bridge Contract; Challenge to GAO Decision; Doctrine of Laches. (TQ)

17-1982 • SKC, LLC v. USA

Filed 03/14/2018
REPORTED OPINION AND ORDER reflecting no redactions from the opinion and order entered under seal on March 9, 2018. Signed by Judge Charles F. Lettow. (je) Modified on 3/14/2018 to edit docket text

Keywords: re: Reported Order: Protest of a sole-source procurement under SBA's Section 8(a) Program; 15 U.S.C. §§ 631-37, 644; 13 C.F.R. §§ 124.1 to 124.704; exception to full and open competition; absence of clear intent to award the contract as a competitive small business set aside; 13 C.F.R. § 124.504(a); new requirement; 13 C.F.R. § 124.504(e)(1)(ii)(c).

15-207 • COAST PROFESSIONAL, INC. v. USA

Filed 03/14/2018
REPORTED OPINION and ORDER granting Motion to Dismiss - Rule 12(b)(1) and (6). Signed by Judge Thomas C. Wheeler. (ab) Service on parties made.

Keywords: re: Agencys Voluntary Corrective Action; RCFC 12(b)(1) and 12(b)(6) Motion to Dismiss; Mootness; Bid Preparation and Proposal Costs.

17-1843 • HESTER v. USA

Filed 03/13/2018
REPORTED OPINION and ORDER: granting Motion to Dismiss - Rule 12(b)(1) and denying [16] Motion or disbursement of funds. The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler. (ar) Service on parties made.

Keywords: re: Rule l 2(b )(I) Motion to Dismiss for Lack of Subject MatterJurisdiction; Individually Named Defendants; Constitutional Claims;Motion to Disburse Social Security Benefits.

14-183 • IDEKER FARMS, INC., et al v. USA

Filed 03/13/2018
REPORTED TRIAL OPINION: Granting plaintiffs' motion for leave to join additional parties (footnote 75); Granting [396] plaintiffs' motion to strike exhibit 1 to US' response to plaintiffs' post-trial brief (footnote 1). Originally filed under seal [422].Signed by Senior Judge Nancy B. Firestone. (dpk) Service on parties made. Modified on 3/20/2018 - corrected typographical error (jt1).

Keywords: re: Reported Opinion, Fifth Amendment Taking; MissouriRiver; Flooding; Liability; Causation; Foreseeability; and Severity.

17-1749 • ACI-SCC JV et al v. USA

Filed 03/12/2018
REPORTED OPINION and ORDER dismissing case. The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler. (mg) Service on parties made.

Keywords: re: Dismissal With Prejudice; Motion to Intervene; Privity of Contract; Mootness; Army Corps of Engineers; ASBCA; Contract Disputes Act, 41 U.S.C. § 7104; Anti-Assignment Act, 41 U.S.C. § 6305; Trusteeship; Judicial Assignment of Rights; Federal Preemption.

15-986 • BRATCHER et al v. USA

Filed 03/09/2018
REPORTED OPINION granting in part and denying in part Motion for Attorney Fees. Joint Status Report due by 3/23/2018. Signed by Judge Elaine D. Kaplan. (bl) Service on parties made.

Keywords: re: Order on Motion for Attorney Fees; Reported Opinion; Rails-to-Trails; Fifth Amendment Takings Clause; Uniform Relocation Assistance and Real Property Acquisition Policies Act; 42 U.S.C. § 4654; Attorney Fees; Fee Shifting; Forum Rate; Davis County Exception.

17-928 • MEISSNER et al v. USA

Filed 03/08/2018
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1). The Clerk is directed to enter judgment. Signed by Judge Marian Blank Horn. (dls) Service on parties made. (Plaintiff served via certified mail; Article No. 7016 3010 0000 4308 4355)

Keywords: re: Tax; Motion to Dismiss; RCFC 12(b)(1).

15-371 • WAVERLEY VIEW INVESTORS, LLC v. USA

Filed 03/08/2018
REPORTED OPINION The Clerk is directed to enter judgment. Signed by Chief Judge Susan G. Braden. (jf) Service on parties made. (Main Document 113 replaced on 3/8/2018 to correct typo in PDF)

Keywords: re: Declaration of Takings Act, 40 U.S.C. § 3116 (2012);Just Compensation.

14-841 • AMPERSAND CHOWCHILLA BIOMASS, LLC et al v. USA

Filed 03/07/2018
REPORTED ORDER granting in part and denying in part Motion to Compel; on [231] MOTION to Compel Discovery filed by MERCED POWER, LLC, AMPERSAND CHOWCHILLA BIOMASS, LLC. Signed by Judge Mary Ellen Coster Williams. (zp) Service on parties made.

Keywords: re: Order on Motion to Compel, Motion to Compel; Expert Invoices; Privilege; In Camera Review; 26 U.S.C. § 6103(h)(2); 26 C.F.R. § 301.9000-3(a, Reported Order,

18-49 • GENERAL DYNAMICS MISSION SYSTEMS, INC. v. USA

Filed 03/07/2018
REPORTED OPINION AND TEMPORARY RESTRAINING ORDER. Signed by Chief Judge Susan G. Braden. (bs) Service on parties made.

Keywords: re: Reported Opinion: Rule of the United States Court of Federal Claims 24(a)(2) (Intervention of Right); 65(b) (Temporary Restraining Order); 65(c) (Security Bond).

18-204 • FMS INVESTMENT CORP. v. USA

Filed 03/06/2018
REPORTED OPINION granting Motion for Preliminary Injunction, and granting Motions for Preliminary Injunctions in Case Nos. 18-206C, 18-208C, and 18-246C. Signed by Judge Thomas C. Wheeler. (mg) Service on parties made.

Keywords: re: Post-Award Bid Protest; Department of Education Loan Collections; Motion for Preliminary Injunction; Likelihood of Success on the Merits; Irreparable Harm; Balance of Hardships; Public Interests; 28 U.S.C. § 1491(b); RCFC 65(d); Granting Injunctive Relief.

13-1023 • MW BUILDERS, INC. v. USA

Filed 03/05/2018
REPORTED OPINION denying Motion to Alter or Amend Judgment. Signed by Chief Judge Susan G. Braden. (bs) Service on parties made.

Keywords: re: Order on Motion to Alter Judgment, Reported Opinion: Rules Of The United States Court Of Federal Claims 52(b) (Amended Or Additional Findings), 59(a) (Grounds For New Trial Or Reconsideration; Further Action After Trial), 59(e) (Motion To Alter Or Amend Judgment); Tucker Act Jurisdiction, 28 U.S.C. § 1491 (2012).

17-1329 • ERNST & YOUNG, LLP v. USA

Filed 03/05/2018
REPORTED OPINION Status Report due by 5/24/2018. Signed by Chief Judge Susan G. Braden. (jf) Service on parties made.

17-9002 • IN RE DOWNSTREAM ADDICKS AND BARKER (TEXAS) FLOOD-CONTROL RESERVOIRS v. USA

Filed 03/02/2018
REPORTED ORDER: Plaintiffs' Response to the Government's February 20, 2018 Motion To Dismiss due by 3/20/2018. Status Conference set for 4/13/2018 10:00 AM in Courtroom in Houston, Texas before Chief Judge Susan G. Braden. Signed by Chief Judge Susan G. Braden. (cn) Service on parties made.

13-719 • HATMAKER v. USA

Filed 03/01/2018
REPORTED OPINION denying Motion to Supplement the Administrative Record; denying [75] Motion for Judgment on the Administrative Record; granting [85] Motion for Judgment on the Administrative Record. The Clerk is directed to ENTER final judgment for defendant DISMISSING plaintiff's complaint, WITH PREJUDICE. No costs. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made.

Keywords: re: Order on Motion to Supplement the Administrative Record, Order on Motion for Judgment on the Admin. Record; Reported Opinion. Military Disability Retirement Pay; Substantial Evidence Supports Boards Denial of Relief on Second Remand. (TQ)

15-1249 • ABOU-EL-SEOUD v. USA

Filed 02/28/2018
MEMORANDUM OPINION AND ORDER denying Motion for Partial Summary Judgment; (Status Conference set for 3/5/2018 at 01:00 PM in Chambers (Telephonic) before Chief Judge Susan G. Braden, to discuss setting the case for trial). Signed by Chief Judge Susan G. Braden. (bs) Service on parties made.

Keywords: re: Memorandum Opinion And Order Denying Motion for Partial Summary Judgment: 5 C.F.R. §§ 551.101(c) (General); 551.104 (Definitions); 551.202 (General Principles); 551.206 (Administrative Exemption Criteria); 551.401(a) (Basic Principles); 551.402(a) (Agency Responsibility); Fair Labor Standards Act of 1938, 29 U.S.C. §§ 201-219 (2012); Portal-to-Portal Act of 1947, 29 U.S.C. § 255(a) (2012); Rules of the United States Court of Federal Claims 8(c) (Affirmative Defense); 30(b)(6) (Notice or Subpoena Directed to an Organization); 56(c) (Summary Judgment); Statute of Limitations, 28 U.S.C. § 2501 (2012).

17-1543 • HARMONIA HOLDINGS GROUP, LLC v. USA

Filed 02/28/2018
REPORTED OPINION and ORDER reflecting redactions from the opinion and order entered under seal on February 22, 2018. Signed by Judge Charles F. Lettow.

Keywords: re: Post-award bid protest; procurement under the Federal Supply Schedule, governed by FAR Subpart 8.4; best value award.

17-835 • A SQUARED JOINT VENTURE v. USA

Filed 02/28/2018
REPORTED OPINION.Signed by Senior Judge Nancy B. Firestone. (js) Service on parties made.

Keywords: re: Bid protest; FAR § 9.504(a)(1),(2); FAR § 9.504(e); Significant Potential Organizational Conflict of Interest; Unequal Access to Information; Hard Facts.

14-332 • CALLAWAY MANOR APARTMENTS, LTD v. USA

Filed 02/28/2018
REPORTED OPINION granting defendant's motion for summary judgment, which was converted from a motion to dismiss to a motion for summary judgment by court order [44]. The Clerk is directed to enter judgment. Signed by Senior Judge Eric G. Bruggink. (wr) Service on parties made.

Keywords: re: Reported Opinion: Contracts; takings; 42 U.S.C. §§ 1485, 1490a; effect of assignment clause; standing to bring breach of contract claim.

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