USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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14-711 • STROMNESS MPO, LLC v. USA

Filed 04/12/2016
ORDER denying Partial Motion to Dismiss - Rule 12(b)(1) and (6). Signed by Judge Marian Blank Horn.

15-872 • NORMAN v. USA

Filed 04/11/2016
REPORTED OPINION denying Defendant's Motion to Dismiss - Rule 12(b)(1). Signed by Senior Judge James F. Merow.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1), Reported Opinion: Bank Secrecy Act; Subject Matter Jurisdiction; 28 U.S.C. § 1355.

13-291 • HYMAS v. USA

Filed 04/11/2016
REPORTED ORDER granting Motion to Transfer; finding as moot [56] Motion for Reconsideration - Rule 59(a) ; finding as moot [56] Motion to Dismiss - Rule 12(b)(1). Signed by Judge Susan G. Braden.

Keywords: re: Order on Motion to Transfer (28 U.S.C. § 1631), Order on Motion for Reconsideration - RCFC 59(a), Order on Motion to Dismiss - RCFC 12(b)(1)

13-586 • CONNECTICUT YANKEE ATOMIC POWER COMPANY v. USA

Filed 04/07/2016
Reissued REPORTED OPINION. Signed by Senior Judge James F. Merow.

Keywords: re: Reported Opinion: Spent Nuclear Fuel Storage Cost; Breach of Contract Damages; Cost of Corporation Existence; Termination of Benefit Programs Costs; Property Transfer Costs.

13-584 • YANKEE ATOMIC ELECTRIC COMPANY v. USA

Filed 04/07/2016
Reissued REPORTED OPINION. Signed by Senior Judge James F. Merow.

Keywords: re: Reported Opinion: Spent Nuclear Fuel Storage Cost; Breach of Contract Damages; Cost of Corporation Existence; Termination of Benefit Programs Costs; Property Transfer Costs.

13-585 • MAINE YANKEE ATOMIC POWER COMPANY v. USA

Filed 04/07/2016
Reissued REPORTED OPINION. Signed by Senior Judge James F. Merow.

Keywords: re: Reported Opinion: Spent Nuclear Fuel Storage Cost; Breach of Contract Damages; Cost of Corporation Existence; Termination of Benefit Programs Costs; Property Transfer Costs.

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

Filed 04/07/2016
REPORTED ORDER. Signed by Judge Mary Ellen Coster Williams.

Keywords: re: Post-award Bid Protest; 28 U.S.C. § 1491(b)(1); Small Business Concern; Key Personnel; Pass/Fail Technical Requirement; Responsiveness; Responsibility Determination; Referral to Small Business Administration for Certificate of Competency; HUBZone Residency Requirement.

16-109 • PRESCIENT, INC. v. USA

Filed 04/06/2016
REPORTED OPINION (Reissued for Public) denying Motion for Judgment on the Administrative Record; granting [35] Motion for Judgment on the Administrative Record. The Clerk is directed to enter judgment. Signed by Judge Elaine D. Kaplan.

Keywords: re: Post-Award Bid Protest; Motion for Judgment on the Administrative Record; Standing; Disparate Treatment; Material Deficiencies.

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

Filed 04/05/2016
REPORTED OPINION granting Motion to Notify Interested Party; granting [25] Motion to Notify Interested Party; granting [30] Motion to Notify Interested Party; granting [33] Motion for Extension of Time (JPSR due by 5/20/2016). For the reasons stated, the government's motions to authorize notice to the eight named entities pursuant to Rule 14(b) are GRANTED. The clerk shall issue notice to each entity, as specified in RCFC 14(b)(3). Service of the notices shall be accomplished in accord with the provisions of RCFC 14(b)(4). The government's motion for an enlargement of time, ECF No. 33, is also GRANTED, and the joint preliminary status report shall be due on or before May 20, 2016. Signed by Judge Charles F. Lettow.

Keywords: re: Order on Motion to Notify Interested Party, Order on Motion for Extension of Time to File, Reported Opinion: Patent case; government's motions to notify eight entities alleged to have an interest in the subject matter of the action; RCFC 14(b); standard for an "alleged interest" under the notice provision of RCFC 14(b).

16-44 • STARRY ASSOCIATES, INC v. USA

Filed 04/05/2016
REPORTED ORDER AND OPINION. Signed by Senior Judge Eric G. Bruggink. (jpk1) Copy to parties.

Keywords: re: Reported Order: Bid Protest; Assertions of Bias; Supplementation of the Administrative Record.

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

Filed 04/05/2016
REPORTED OPINION denying Motion for Clarification and Objection. Signed by Judge Susan G. Braden. (Attachments: # (1) Court Exhibits A-L)

Keywords: re: Federal Rules of Evidence 201(b)(2), (c) (Judicial Notice)

15-1505 • ORION CONSTRUCTION CORPORATION v. USA

Filed 04/01/2016
REPORTED OPINION. Plaintiff's motion for judgment on the administrative record DENIED. Defendant's motion for judgment on the administrative record GRANTED. Signed by Judge Nancy B. Firestone.

Keywords: re: Pre-Award Bid Protest; Small Business Size Determination; Motion for Judgment on the Administrative Record; Review of SBA Decision.

11-681 • JONES et al v. USA

Filed 04/01/2016
Re-Docketed for Administrative Purposes REPORTED MEMORANDUM OPINION and ORDER denying Plaintiffs' Motion to Amend Certification of Class Action.Signed by Judge Susan G. Braden. (jt1) Copy to parties.

10-540 • CANVS CORPORATION v. USA

Filed 03/31/2016
REPORTED ORDER. The parties shall file a joint status report by 5/2/2016. Signed by Chief Judge Patricia E. Campbell-Smith. (MEH) Copy to parties. (Main Document 158 replaced on 4/11/2016) (jt1).

Keywords: re: Reported Order Patent case; claim construction for U.S. Patent No. 6,911,652; single term in dispute(MEH)

15-413 • EVIDEO OWNERS et al v. USA

Filed 03/31/2016
REPORTED OPINION Granting Defendant's Motion to Dismiss - Rule 12(b)(1) and (6); Denying as Moot [14] Plaintiffs' Motion for Oral Argument. The Clerk is directed to enter judgment. Each party to bear its own costs. Signed by Judge Lydia Kay Griggsby.

Keywords: re: Rule 12(b)(1), Subject-Matter Jurisdiction; RCFC 12(b)(6), Failure to State a Claim; Implied Contract; RCFC 9(k); Illegal Exaction; Fifth Amendment Due Process.

15-1425 • REMINGTON ARMS COMPANY, LLC v. USA

Filed 03/30/2016
REPORTED OPINION. Plaintiff's motion to supplement the administrative record GRANTED; Plaintiff's motion for judgment on the administrative record Granted in Part and Denied in Part. Case REMANDED. Defendant shall file a Status Report by 4/25/2016. Signed by Judge Nancy B. Firestone. (dpk) Copy to parties. Modified on 4/6/2016 - correction to pdf(jt1).

Keywords: re: Reported Opinion: Bid Protest; Responsibility Determination; FAR § 9.104-1; Bankruptcy; Injunctive Relief Granted

09-640 • FRANKLIN-MASON v. USA

Filed 03/30/2016
REPORTED Order REPORTED OPINION denying Motion for Summary Judgment; granting [31] Cross Motion The Clerk is directed to enter judgment. Signed by Judge Susan G. Braden. (ej) Copy to parties.REPORTED Order REPORTED OPINION denying [27] Motion for Summary Judgment; granting [31] Cross Motion The Clerk is directed to enter judgment. Signed by Judge Susan G. Braden.

Keywords: re: 28 U.S.C. § 1491, (Tucker Act Jurisdiction); Rule 56 of the United States Court of Federal Claims, (Summary Judgment).

14-632 • CHITTENDEN et al v. USA

Filed 03/29/2016
REPORTED OPINION and ORDER granting Motion for Summary Judgment as to plaintiffs' fifth amendment takings claim; granting [16] Motion to Dismiss plaintiffs' tort and due process claims; and denying [17] Cross Motion. The Clerk is directed to enter judgment. Each side shall bear its own costs. Signed by Judge Elaine D. Kaplan.

Keywords: re: Mining Act of 1872; 30 U.S.C. § 26; Fifth Amendment Takings Clause; Motion to Dismiss; RCFC 12(b)(1); Summary Judgment; RCFC 12(b)(6); 36 C.F.R. § 224.8.

15-923 • SEV1TECH, INC. v. USA

Filed 03/25/2016
REPORTED OPINION. Signed by Judge Marian Blank Horn.

Keywords: re: Reported Opinion. Post-Award Bid Protest; Motion for Judgment on the Administrative Record; Unstated Criteria; Waiver of Informalities and Minor Irregularities; FAR 52.215-1(f)(3); Clarifications; FAR 15.306(a)(2); Unequal Treatment.

15-876 • CONSTELLATION WEST, INC. v. USA

Filed 03/25/2016
REPORTED OPINION. Signed by Judge Marian Blank Horn.

Keywords: re: Reported Opinion. Post-Award Bid Protest; Motion for Judgment on the Administrative Record; Unstated Criteria; Waiver of Informalities and Minor Irregularities; FAR 52.215-1(f)(3); Clarifications; FAR 15.306(a)(2); Unequal Treatment.

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