USCFC General Jurisdiction-Reported

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15-1570 • OMRAN HOLDING GROUP v. USA

Filed 09/14/2016
REPORTED OPINION (public version of sealed Opinion issued August 18, 2016). Signed by Chief Judge Patricia E. Campbell-Smith.

Keywords: re: Reported Opinion Pre-Award Bid Protest; Motion to Dismiss for Lack of Jurisdiction; Standing; RCFC 12(b)(1); Substantial Chance Test.

16-1 • ALPINE PCS, INC. v. USA

Filed 09/14/2016
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1). The Clerk is directed to enter judgment. No costs. Signed by Judge Charles F. Lettow.

Keywords: re: Claimed breach of agreements with the FCC related to spectrum licenses purchased at auction by plaintiff; displacement of jurisdiction founded on the Tucker Act by the remedial scheme provided by federal communication laws; application of United States v. Bormes; takings claim precluded by the pertinent statute of limitations, 28 U.S.C. § 2501 (EK)

15-719 • TENDER YEARS LEARNING CORPORATION v. USA

Filed 09/12/2016
REPORTED OPINION granting Motion to Amend Pleadings - Rule 15(b); denying as moot [38] Motion to Dismiss - Rule 12(b)(1) and (6); denying as moot [23] Motion to Dismiss - Rule 12(b)(1). Signed by Judge Thomas C. Wheeler.

Keywords: re: Claim for Bid and Proposal Preparation Costs; Implied-In-Fact Contract; Rule 15(a)(2) Motion to Amend; Motion to Bifurcate; Motion to Dismiss; Mootness; Damages. (gb) (Entered: 09/12/2016)

12-431 • GOODEAGLE et al v. USA

Filed 09/12/2016
REPORTED OPINION granting in part and denying in part Motion for Partial Summary Judgment; denying [155] Motion for Partial Summary Judgment. Signed by Judge Thomas C. Wheeler.

Keywords: re: Indian Tribe Claims; Breach of Trust Obligations; Partial Summary Judgment; Law of the Case; Binding Effect of Government-Sponsored Accounting Reports; Establishing Government Duties to Tribes; Congressional Reference; Statute of Limitations in Tribal Claims; Res Judicata. (ad) (Entered: 09/12/2016)

12-592 • QUAPAW TRIBE OF OKLAHOMA v. USA

Filed 09/12/2016
REPORTED OPINION granting in part and denying in part Motion for Partial Summary Judgment; denying [161] Motion for Partial Summary Judgment. Signed by Judge Thomas C. Wheeler.

Keywords: re: Indian Tribe Claims; Breach of Trust Obligations; Partial Summary Judgment; Law of the Case; Binding Effect of Government-Sponsored Accounting Reports; Establishing Government Duties to Tribes; Congressional Reference; Statute of Limitations in Tribal Claims; Res Judicata. (ad) (Entered: 09/12/2016)

15-1438 • JEUN v. USA

Filed 09/08/2016
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1). The Clerk is directed to enter judgment. Signed by Judge Marian Blank Horn.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1), Reported Opinion. Veteran Disability Benefits; Physical Disability Board of Review; Veterans Affairs Disability Rating; Statute of Limitations

14-9 • REAVES v. USA

Filed 09/08/2016
REPORTED OPINION granting in part Motion for Judgment on the Administrative Record. Signed by Judge Mary Ellen Coster Williams. (TF3) Copy to parties.

Keywords: re: Military Pay; Involuntary Separation For Failing Armys Weight Control Program; Premature Separation; 10 U.S.C. § 1145; Army Regulations 600-9 and 40-501; Army Board for Correction of Military Records; Remand. (TF3)

15-364 • INSPACE 21 LLC v. USA

Filed 09/07/2016
REPORTED OPINION. Signed by Judge Victor J. Wolski.

Post-award bid protest; U.S. Air Force; launch and test ranges; laches; labor hour reductions; potential increased workload; potential labor unrest; consideration of minority evaluation opinions; Technical Risk factor; cursory source selection decision; no material change in requirements; satisfactory explanation articulated; solicitation provisions followed; SSAs reliance on others analyses, 48 C.F.R. § 15.308. Keywords: re: Reported Opinion

16-442 • Q INTEGRATED COMPANIES, LLC v. USA

Filed 08/30/2016
REPORTED REDACTED OPINION originally filed under seal on August 16, 2016. Signed by Senior Judge James F. Merow. (lae) Copy to parties. (Main Document 37 replaced on 8/31/2016) (jt1).

Keywords: re: Redacted Opinion -- Post-Award Bid Protest; Subject Matter Jurisdiction; Standing; Economic Interest; Substantial Chance.

16-261 • PRECISION ASSET MANAGEMENT CORP. v. USA

Filed 08/30/2016
REPORTED REDACTED OPINION originally filed under seal on August 16, 2016. Signed by Senior Judge James F. Merow. (lae) Copy to parties. (Main Document 72 replaced on 8/31/2016) (jt1).

Keywords: re: REDACTED REISSUED OPINION - Post-Award Bid Protest; Subject Matter Jurisdiction; Standing; Economic Interest; Substantial Chance.

16-632 • TETRA TECH AMT v. USA

Filed 08/29/2016
REPORTED OPINION DENYING Plaintiff's Motion for Judgment on the Administrative Record and GRANTING Defendant's Motion for Judgement on the Administrative Record. Signed by Judge Elaine D. Kaplan. (bl) Copy to parties. Modified on 10/26/2016 - corrected PDF (jt1).

Keywords: re: Reported Opinion; Post-Award Bid Protest; Interpretation of Solicitation; Ambiguity; Argument Raised in Reply Brief; Technical Evaluation.

16-784 • PALANTIR USG, INC. v. USA

Filed 08/26/2016
REPORTED ORDER. Signed by Judge Marian Blank Horn.

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

Filed 08/26/2016
REPORTED ORDER: The opinion previously filed under seal is reissued, showing no redactions. Signed by Judge Charles F. Lettow.

Keywords: re: Post-award bid protest following corrective action; challenge by a successful offeror to addition of another awardee to an IDIQ contract; jurisdiction; standing; "firm offer" rule; "best value" determination (MZ)

15-1279 • ALGESE 2 v. USA

Filed 08/26/2016
REPORTED ORDER on Motion to Stay Judgment Pending Appeal. Signed by Judge Thomas C. Wheeler.

Keywords: re: Motion for Stay Pending Appeal; Factors to be Considered; Analysis of Likelihood of Success on the Merits; Irreparable Harm; Balance of Harms to Government; Effect on Public Interest.

15-1175 • JORDAN v. USA

Filed 08/25/2016
REPORTED OPINION AND ORDER granting Motion to Dismiss - Rule 12(b)(1); granting [3] Motion for Leave to Proceed in forma pauperis. The Clerk is directed to enter judgment. Signed by Judge Margaret M. Sweeney. (ac7) Copy to parties. (Tracking No. 9114 9014 9645 0594 5522 21)

Keywords: re: Motion to Dismiss; Application to Proceed In Forma Pauperis; Pro Se Plaintiff; Procedural Due Process; Federal Rules ofCivil Procedure; 28 U.S.C. § 1331; Constitution of the State of Illinois; "Bivens Action"; Second, Fourth, Fifth, Eighth, and Fourteenth Amendments to the United States Constitution; Lack of Jurisdiction

13-940 • SONOMA APARTMENT ASSOCIATES v. USA

Filed 08/24/2016
REPORTED OPINION denying Motion for Partial Summary Judgment. Signed by Judge Margaret M. Sweeney. (kb1)

Keywords: re: Order on Motion for Partial Summary Judgment, Reported Opinion -- Motion for Partial Summary Judgment on Tax Gross-Up Claim; Breach of Contract for Failure to Allow Prepayment of Loan Balance; Request for Payment to Neutralize Increase in Overall Tax Burden Resulting From Lump-Sum Damages Award

15-1555 • LEE et al v. USA

Filed 08/24/2016
REPORTED OPINION granting Motion to Dismiss - Rules 12(b)(1) and 12(b)(6); finding as moot [17] Motion to Certify Class; finding as moot [23] Motion for Extension of Time to File Reply. The Clerk is directed to enter judgment. No costs. Signed by Judge Charles F. Lettow.

Keywords: re: Claims for civilian pay and breach of contract; Back Pay Act, 5 U.S.C. § 5596; absence of appointment to the civil service; implied contract precluded by an express contract dealing with the same subject; dismissal pursuant to RCFC 12(b)(1) and (6)

14-877 • AGUSTAWESTLAND NORTH AMERICA, INC. v. USA

Filed 08/24/2016
REPORTED MEMORANDUM OPINION and ORDER (Reissuance of Sealed Memorandum Opinion and Order for Publication). Signed by Judge Susan G. Braden.

Keywords: re: Administrative Procedures Act ("APA"), 5 U.S.C. § 706; Bid Protest Jurisdiction, 28 U.S.C. § 1491; Competition In Contracting Act ("CICA"), 10 U.S.C. § 2304(a); 10 U.S.C. § 2305(a)(l); 31 U.S.C. § 3551 et seq.; Deliberative Privilege; Department of Defense Instruction 5000.02 (Operation of the Defense Acquisition System); Federal Acquisition Regulation ("FAR") 6.302-1 (Sole Source Procurement); 6.303 (Justification); 6.304 (Approval of the Justification); l 7.207(f) (Exercise of Options); Rules of the United States Court of Federal Claims ("RCFC") 8(a)(l) (Pleading Requirements); RCFC 12(b)(1) (Jurisdiction); 12(b)(6) (Failure To State A Claim); 12(f) (Motion To Strike); RCFC 15(d) (Supplemental Pleadings); RCFC 52.1 (Administrative Record); 52.2 (Remand); RCFC 65(a) (Preliminary Injunction).

16-110 • BAKARI EL v. USA

Filed 08/19/2016
Docketed for Administrative Purposes REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1) and (6); granting [2] Motion for Leave to Proceed in forma pauperis. No costs. The Clerk is directed to enter judgment accordingly. Signed by Judge Margaret M. Sweeney. (jt1) Copy to parties.

Keywords: re: Motion to Dismiss; Application to Proceed In Forma Pauperis: Pro Se Plaintiff; Collateral Attack of State Court Judgment; Fraud; Mistake; Conspiracy; Trespass; Fifth Amendment Taking; Lack of Jurisdiction

15-1550 • LAWSON ENVIRONMENTAL SERVICES, LLC v. USA

Filed 08/18/2016
REPORTED OPINION. Signed by Judge Mary Ellen Coster Williams. (TF3) Copy to parties.

Keywords: re: Stay Pending Appeal; Rule 62(c); Pass-Fail Responsibility-type Evaluation Factors; Referral to Small Business Administration for Certificate of Competency; Injunctive Relief. (TF3)

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