USCFC General Jurisdiction-Reported

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18-862 • FMS INVESTMENT CORP. v. USA

Filed 10/01/2018
REPORTED OPINION granting Motion for Clarification re [99] Order on Motion for Judgment on the Administrative Record. Signed by Judge Thomas C. Wheeler. (dh) Service on parties made.

Keywords: re: Motion for Clarification; Scope of Injunction

15-501 • 3RD EYE SURVEILLANCE, LLC v. USA

Filed 09/25/2018
REPORTED OPINION: Patent case; denying Motion for Judgment on the Pleadings - Rule 12(c); granting [205] Motion to Amend Pleadings - Rule 15(b); the 13 terms identified by the parties shall be construed as stated in the opinion. Signed by Senior Judge Charles F. Lettow.

Keywords: Claims of patent infringement; 28 U.S.C. § 1498(a); patentability; 35 U.S.C. § 101; second step of the Alice test; application of Aatrix; leave to amend complaint; RCFC 15(a)(2); claim construction.

93-655 • ANAHEIM GARDENS, et al v. USA

Filed 09/25/2018
REPORTED OPINION granting Motion for Summary Judgment; denying [430] Motion in Limine; denying [452] Motion in Limine. The clerks office is directed to CORRECT the docket in Case No. 93-6582 to change the name of the plaintiff from Silverlake Village, L.P. to 3740 Silverlake Village, L.P., as explained in footnote 4 of this opinion. For docket clarity, a copy of this opinion shall be filed in each of the six member cases. The clerks office is directed to ENTER final judgment for defendant and DISMISS all of the claims in each of the following member cases, with prejudice: Buckman Gardens L.P., et al. v. United States, Case No. 97-5837; Chauncy House Company v. United States, Case No. 97-5845; Cedar Gardens Associates v. United States, Case No. 93-6568; Rock Creek Terrace L.P. v. United States, Case No. 93-6578; 620 Su Casa Por Cortez v. United States, Case No. 93-6580; and 3740 Silverlake Village, L.P. v. United States, Case No. 93-6582. The pretrial conference scheduled for September 27, 2018, is CANCELLED. The trial scheduled for October 15-26, 2018, is CANCELLED. The parties shall CONFER and FILE a Joint Status Report on or before 10/22/2018 proposing further proceedings in this matter. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made.

Keywords: re: Reported Opinion on Motion for Summary Judgment. Regulatory Takings Claims; Motion for Summary Judgment, RCFC 56; Right to Pre-Pay Mortgages on Subsidized Low-Income Housing Developments; No Reasonable Investment-Backed Expectation in a Property Right Destroyed Prior to Purchase of Property; Insufficient Evidence of Economic Impact to Support a Permanent Regulatory Taking. (TQ)

18-454 • BENNETT v. USA

Filed 09/21/2018
[Redocketed for Posting to Website] MEMORANDUM OPINION AND FINAL ORDER granting 11 Motion to Dismiss - Rule 12(b)(1) and (6). The Clerk is directed to enter judgment. Signed by Senior Judge Susan G. Braden. Signed by Senior Judge Susan G. Braden. (ar) Service on parties made.

18-785 • CRITERION SYSTEMS, INC. v. USA

Filed 09/19/2018
REPORTED OPINION reissuing for publication Opinion and Order denying [18] Motion for Judgment on the Administrative Record and granting [19] Motion for Judgment on the Administrative Record. Signed by Chief Judge Margaret M. Sweeney.

Keywords: re: Reported Opinion -- Postaward Bid Protest; RCFC 52.1; Cross-Motions for Judgment on the Administrative Record; Clarification; Informality; Irregularity

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

Filed 09/19/2018
REPORTED OPINION. Signed by Senior Judge Mary Ellen Coster Williams. (TF3) Service on parties made.

Keywords: re: Patent Infringement; Motion to Dismiss; Statute of Limitations; Claim Accrual; Accrual Suspension; Tolling; 35 U.S.C. § 286. (TF3)

18-528 • RCF INFORMATION SYSTEMS, INC. v. USA

Filed 09/19/2018
REPORTED OPINION reissuing Opinion and Order. Signed by Senior Judge Loren A. Smith. (mr) Service on parties made.

18-682 • RX JOINT VENTURE, LLC v. USA

Filed 09/19/2018
REPORTED OPINION reissuing for publication Opinion and Order denying [44] Motion for Judgment on the Administrative Record; denying [49] Motion for Judgment on the Administrative Record; granting [50] Motion for Judgment on the Administrative Record; granting [53] Motion for Judgment on the Record. Signed by Chief Judge Margaret M. Sweeney.

Keywords: re: Reported Opinion -- Postaward Bid Protest; RCFC 52.1; Cross-Motions for Judgment on the Administrative Record; Clarification; Presumption of Regularity; Safeguarding Procedures; Government Control; Discussions

17-667 • BUTLER v. USA

Filed 09/18/2018
REPORTED ORDER granting in part and denying in part Motion for Partial Summary Judgment; granting in part and denying in part [29] Motion for Summary Judgment. Parties shall by 9/28/2018 file a proposed scheduled for remaining issues. Signed by Senior Judge Nancy B. Firestone. (dpk) Service on parties made.

Keywords: re: Order on Motion for Partial Summary Judgment, Order on Motion for Summary Judgment, Reported Order, Rails-to-Trails, Indiana Law, Easement Versus Fee, Deed Interpretation, Summary Judgment.

18-795 • DYNANET CORPORATION v. USA

Filed 09/18/2018
REPORTED OPINION reissuing for publication Opinion and Order denying [27] Motion for Judgment on the Administrative Record, denying [29] Motion to Dismiss, granting [29] Motion for Judgment on the Administrative Record, and denying as moot [29] motion to strike. Signed by Chief Judge Margaret M. Sweeney.

Keywords: re: Postaward Bid Protest; RCFC 12(b)(1); Motion to Dismiss; Subject Matter Jurisdiction; RCFC 52.1; Cross-Motions for Judgment on the Administrative Record

18-829 • TECHNICAL & MANAGEMENT RESOURCES, INC. v. USA

Filed 09/18/2018
REPORTED OPINION reissuing for publication Opinion and Order denying as moot [21] Motion to Supplement the Administrative Record, denying [22] Motion for Judgment on the Administrative Record, denying as moot [25] Motion to Dismiss, and granting [25] Motion for Judgment on the Administrative Record. Signed by Chief Judge Margaret M. Sweeney.

Keywords: re: Postaward Bid Protest; RCFC 12(b); Motion to Dismiss; RCFC 52.1; Cross-Motions for Judgment on the Administrative Record; Fair and Reasonable Pricing

10-647 • COLONIAL CHEVROLET CO., INC. et al v. USA

Filed 09/17/2018
REPORTED ORDER denying Motion for Summary Judgment; granting [346] Motion to Supplement Evidentiary Record; The parties shall file any additional authorities they wish the court to consider regarding the plaintiffs' motion for class certification [66] by 10/1/2018.Signed by Senior Judge Nancy B. Firestone. (js) Service on parties made.

Keywords: re: Denial of Summary Judgment; Fifth Amendment Taking; Disputed Issues of Fact; Governments Role in Terminating General Motors Dealership Agreements; Voluntary Release of Dealership Agreements to General Motors; Ambiguous Release Language; Burden Shifting as to Whether Dealerships Had Greater Value in the But For World Without Government Bailout of General Motors Than They Received or Were Offered in Wind-Down Agreements; Motion to Supplement Evidentiary Record.

18-862 • FMS INVESTMENT CORP. v. USA

Filed 09/14/2018
REPORTED OPINION: Granting Motion for Judgment on the Administrative Record; granting [65] Motion for Judgment on the Administrative Record; granting [66] Motion for Judgment on the Administrative Record; granting [67] Motion for Judgment on the Administrative Record; granting [68] Motion for Judgment on the Administrative Record; granting [69] Motion for Judgment on the Administrative Record; granting [70] Motion for Judgment on the Administrative Record; granting [71] Motion for Judgment on the Administrative Record; denying [81] Motion for Judgment on the Administrative Record; The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler. (dh) Service on parties made.

Keywords: re: Post-Award Bid Protest; Department of Education Loan Collections; Cancellation of Solicitation; Motion for Permanent 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.

18-887 • AGILITY DGS LOGISTICS SERVICES CO. KSC(C) v. USA

Filed 09/13/2018
REPORTED OPINION of the court's August 16, 2018 opinion originally issued under seal. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made.

Keywords: re: Reported Order. Motion to Dismiss; RCFC 12(b)(1);Lack of Subject Matter Jurisdiction; Lack of Standing. (TQ)

12-380 • UNITED LAUNCH SERVICES, LLC et al v. USA

Filed 09/12/2018
REPORTED OPINION denying Motion for Summary Judgment. Signed by Judge Elaine D. Kaplan. (kb) Service on parties made.

Keywords: re: Motion for Summary Judgment; Breach of Contract; Affirmative Defense; Advance Agreement; Cost Accounting Standards; GAAP.

17-1424 • EXNICIOS v. USA

Filed 09/11/2018
REPORTED OPINION. Signed by Senior Judge Marian Blank Horn. (td) Service on parties made.

Keywords: Military Pay Act; Motion to Dismiss; Cross-Motions for Judgment on the Administrative Record; Waiver; Justiciability; Unlawful Command Influence; Due Process.

15-1163 • PIPES v. USA

Filed 09/11/2018
REPORTED MEMORANDUM OPINION AND FINAL ORDER ON REMAND The Clerk is directed to enter judgment. Signed by Senior Judge Susan G. Braden. (cn) Service on parties made.

Keywords: re: Reported Memorandum Opinion And Final Order On Remand; 10 U.S.C. §§ 101(d)(7) (defining inactive-duty training), 1204 (Retirement for Military on Active Duty for 30 days or less or on Inactive-duty Training);28 U.S.C. § 1491 (Tucker Act Jurisdiction);Air Force Instruction (AFI) 10-248 (May 26, 2004) (Fitness Program); Air Force Manual 36-8001 (Jan. 22, 2004) (Reserve Personnel Participation and Training Procedures);Rules of the United States Court of Federal Claims (RCFC) 12(b)(1) (Subject Matter Jurisdiction), 12(b)(6) (Failure to State a Claim Upon Which Relief Can Be Granted), 52.1 (Judgment on the Administrative Record), 52.2 (Remanding a Case).

18-678 • ULTRA ELECTRONICS OCEAN SYSTEMS INC. v. USA

Filed 09/07/2018
REPORTED OPINION and ORDER denying Motion for Judgment on the Record; granting [32] Cross Motion for Judgment on the Administrative Record. Signed by Judge Elaine D. Kaplan. (bh) Service on parties made. (Main Document 45 replaced on 9/7/2018)

Keywords: re: Bid Protest; 28 U.S.C. § 1491; Motion to Supplement the Administrative Record; United States Navy; Exclusion from the Competitive Range; Prior Procurement.

18-958 • PIERCE EL-BEY v. USA

Filed 09/07/2018
REPORTED OPINION Granting Motion to Dismiss - Rule 12(b)(1); The Clerk is directed to enter judgment. Signed by Judge Elaine D. Kaplan. U.S. Certified Mail Tracking 7016 3010 0000 4308 4904(vds) Service on parties made.

17-1638 • 2M RESEARCH SERVICES, LLC v. USA

Filed 09/06/2018
REPORTED OPINION with redactions. Signed by Senior Judge Loren A. Smith. (mr) Service on parties made.

Keywords: Post-Award Bid Protest; Competitive Range; RCFC 52.1; Judgment on the Administrative Record; Permanent Injunction. re: Reported Opinion.

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