USCFC General Jurisdiction-Reported

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14-275 • TOPSNIK v. USA

Filed 05/31/2016
REPORTED OPINION The Clerk is directed to enter judgment. Signed by Judge Elaine D. Kaplan.

Keywords: re: Reported Opinion; Tax Refund; Motion to Compel; RCFC 37(a)(5); Sanctions; Order to Show Cause; RCFC 41(b); Dismissal for Failure to Prosecute.

15-1527 • WALLACE ASSET MANAGEMENT, LLC v. USA

Filed 05/31/2016
REDACTED PUBLISHED OPINION (Reissuance of May 6, 2016 Memorandum Opinion and Order for publication) denying plaintiff's motion for judgment upon the administrative record; granting defendant's motion to dismiss or, in the alternative, motion for judgment upon the administrative record; and granting defendant-intervenor's motion for judgment upon the administrative record. The Clerk is directed to enter judgment. Signed by Judge Lydia Kay Griggsby. (lh) Copy to parties. .

Keywords re: The Tucker Act; 28 U.S.C. § 1491(b)(1); 28 U.S.C. § 1491(b)(2); Post-Award Bid Protest; RCFC 52.1.

16-348 • SPECTRUM COMM, INC. v. USA

Filed 05/27/2016
REPORTED OPINION. Signed by Judge Mary Ellen Coster Williams. (TF3) Copy to parties.

Keywords: re: 28 U.S.C. § 1491(b); Bid Protest; Permanent Injunction; FAR Part 8.405; Best Value Procurement; Tradeoff Decision; Failure of Source Selection Authority to Follow Source Selection Evaluation Boards Recommendation. (TF3)

15-1297 • BROWN et al v. USA

Filed 05/27/2016
REPORTED OPINION denying Motion to Certify Class. Joint Status Report due by 6/10/2016. Signed by Judge Margaret M. Sweeney. (kb1)

Keywords: re: Order on Motion to Certify Class, Reported Opinion -- Rails-to-Trails; Motion to Certify a Class Action; Failure to Satisfy All Requirements of RCFC 23; Joinder Not Impracticable; Wal-Mart Stores, Inc.

15-1501 • HOOD v. USA

Filed 05/27/2016
REPORTED OPINION dismissing plaintiff's complaints in this and 15-1200C, with plaintiff not permitted to file additional complaints arising from the same facts in Case Nos. 15-1200C and 15-1501C, without first obtaining leave of a judge of this court. Plaintiff's applications to proceed in forma pauperis are deemed moot. The Clerk is directed to enter judgment. Signed by Judge Marian Blank Horn.

Keywords: re: Pro Se Plaintiff; In Forma Pauperis; Motion to Dismiss; 28 U.S.C. § 1500; RCFC 11 Sanctions; 28 U.S.C. § 2501.

15-1200 • HOOD v. USA

Filed 05/27/2016
REPORTED OPINION dismissing plaintiff's complaints in this and 15-1501C, with plaintiff not permitted to file additional complaints arising from the same facts in Case Nos. 15-1200C and 15-1501C, without first obtaining leave of a judge of this court. Plaintiff's applications to proceed in forma pauperis are deemed moot. The Clerk is directed to enter judgment. Signed by Judge Marian Blank Horn.

Keywords: re: Pro Se Plaintiff; In Forma Pauperis; Motion to Dismiss; 28 U.S.C. § 1500; RCFC 11 Sanctions; 28 U.S.C. § 2501.

14-132 • JENNINGS v. USA

Filed 05/26/2016
Docketed for Administrative Purposes REPORTED OPINION AND ORDER Denying the Government's June 19, 2014 Partial Motion To Dismiss; Denying [22] the Government's November 13, 2015 Motion For Summary Judgment; and Ordering the Government to Show Cause. The Hearing on the Show Cause Order will be held on 7/8/2016 at 1:30 pm EST at the United States Court of Federal Claims. Signed by Judge Susan G. Braden. (jt1) Copy to parties.

Keywords: re: Breach of Contract; Contracts of Adhesion; Due Process Clause; Restatement (Second) of Contracts § 78 cmt. c (Unenforceable Promises); § 79 cmt. e (Gross Inadequacy of Consideration); § 86 cmt. c (Unenforceable Contracts); 28 U.S.C. § 1491 et seq. (Tucker Act Jurisdiction); 41 U.S.C. § 7102 et seq. (Contract Disputes Act).

15-1359 • TELZROW et al v. USA

Filed 05/26/2016
REPORTED OPINION AND ORDER (Answer to plaintiff's complaint due by 6/29/2016.) denying Motion for Entry of Default; denying [11] Motion for Default Judgment. Signed by Judge Charles F. Lettow. (vdw) Copy to parties. (Main Document 14 replaced on 5/26/2016 to make text-searchable)

Keywords: Suit for alleged breach of contract; Wetlands Reserve Program; wetlands conservation easement setting out continuing obligations of plaintiffs and the government agency; plausible claim for breach.

15-1113 • LISTWA v. USA

Filed 05/23/2016
REPORTED OPINION and ORDER granting Motion to Dismiss - Rule 12(b)(1); granting [2] Motion for Leave to Proceed in forma pauperis; and denying [4] Motion for Referral to ADR. The Clerk is directed to enter judgment. No costs shall be awarded. Signed by Judge Margaret M. Sweeney.

Keywords: re: Pro Se Plaintiff; RCFC 12(b)(1); Tucker Act; Statute of Limitations; Application to Proceed In Forma Pauperis.

15-808 • DELLEW CORPORATION v. USA

Filed 05/20/2016
REPORTED ORDER -- Public Redacted Version of [71]. Signed by Judge Margaret M. Sweeney.

Keywords: re: Reported Order -- Attorneys' Fees, Equal Access to Justice Act, Prevailing Party, Buckhannon.

14-941 • HERRMANN et al v. USA

Filed 05/20/2016
REPORTED OPINION granting Motion to Compel; granting in part and denying in part [45] Motion to Compel; granting in part and denying in part [49] Cross-Motion for a Protective Order. For the reasons stated, the plaintiffs' motion to compel directed to the government is GRANTED. The government shall submit a notice of compliance with this order by June 3, 2016. Plaintiffs' motion to compel directed at Paulson is GRANTED IN PART and DENIED IN PART. Paulson shall submit a notice of compliance consistent with the limitations specified in this order by June 3, 2016. Paulson's cross-motion for a protective order is also GRANTED IN PART and DENIED IN PART. The court has amended the protective order issued in this case as described in this opinion. Signed by Judge Charles F. Lettow.

Keywords: re: Order on Motion to Compel, Reported Opinion: Tax case; motion to compel deposition and document production from the government; motion to compel document production from a nonparty; motion by the nonparty for a protective order.

16-288 • TRANSATLANTIC LINES LLC v. USA

Filed 05/19/2016
**Docketed for Administrative Purposes Only** 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: Bid Protest Jurisdiction, 28 U.S.C. § 1491; Cargo Preference Act of 1904 (CPA), 10 U.S.C. § 2631; Competition in Contracting Act (CICA), 31 U.S.C. § 3553(c)(1); Contract Dispute Act (CDA), 41 U.S.C. § 7101 et seq.; Federal Acquisition Regulation (FAR), 48 C.F.R. § 6.302-2; Interested Party, 28 U.S.C. § 1491(b)(1); Rules of the United States Court of Federal Claims (RCFC), RCFC 12(b)(1) (Jurisdiction). (ej)Keywords: re: Bid Protest Jurisdiction, 28 u.s.c. § 1491; Cargo Preference Act of 1904 ("CPA"), 10 u.s.c. § 2631; Competition in Contracting Act ("CICA"),31 U.S.C. § 3553(c)(l); Contract Dispute Act ("CDA"), 41U.S.C.§7101 et seq.;Federal Acquisition Regulation ("FAR"), 48 C.F.R. § 6.302-2; Interested Party,28 u.s.c. § 149l(b)(l); Rules of the United States Court of Federal Claims ("RCFC"), RCFC 12(b)(l) (Jurisdiction).

14-352 • EVIE'S CATERING, INC. v. USA

Filed 05/17/2016
REPORTED OPINION granting Defendant's Motion for Summary Judgment; denying [17] Plaintiff's Motion for Summary Judgment. The Clerk is directed to enter judgment for Defendant. Signed by Judge Thomas C. Wheeler.

Keywords: re: Contract Interpretation; Pricing Information in Task Order; Meaning of "EST" Next to Price; Summary Judgment.

15-435 • CRANE v. USA

Filed 05/17/2016
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1) and (6). The Clerk is directed to enter judgment. Signed by Judge Susan G. Braden.

Keywords: re: Federal Tort Claims Act, 28 U.S.C. § 2672 (Administrative Adjustment of Claims); Maryland Wage Payment And Collection Law; Rule 12(b)(1) of the Rules of the United States Court of Federal Claims (Jurisdiction); Tucker Act, 28 U.S.C. § 2501 (Statute of Limitations).

15-1256 • RES REI DEVELOPMENT, INC. v. USA

Filed 05/17/2016
REPORTED ORDER. Signed by Judge Victor J. Wolski.

Keywords: re: Pre-award bid protest; exclusion from competitive range; SOCOM; Government Control exception, 48 C.F.R. § 52.215-1(c)(3)(ii)(A)(2); Blue & Gold Fleet; offeror responsible for proposal errors; interpretation of solicitation terms; past performance of individuals not evaluated; no substantial chance of inclusion. (jad)Keywords: re: Reported Order; substantial chance of inclusion; competitive range; SOCOM; Government Control exception, 48 C.F.R. § 52.215-1(c)(3)(ii)(A)(2); Blue & Gold Fleet; offeror responsible for proposal errors; interpretation of solicitation terms; past performance of individuals not evaluated; no substantial chance of inclusion.

14-1236 • JOHNSON v. USA

Filed 05/12/2016
REPORTED ORDER denying Motion for Reconsideration - Rule 59(a) ; granting [25] Motion for Relief from Judgment - Rule 60. Signed by Senior Judge Lynn J. Bush.

12-303 • HITKANSUT LLC et al v. USA

Filed 05/11/2016
REPORTED ORDER: the parties' motions in limine and motions to strike are DENIED, with the exception of plaintiffs' motion to admit deposition testimony, ECF No. 149, which is GRANTED subject to preservation of specific objections to be heard at trial. Signed by Judge Charles F. Lettow.

Keywords: Patent case; pre-trial motions in limine

16-98 • PRICEWATERHOUSECOOPERS PUBLIC SECTOR, LLP v. USA

Filed 05/10/2016
REPORTED OPINION. Signed by Judge Marian Blank Horn.

Keywords: re: Reported Opinion. Pre-Award Bid Protest; Corrective Action; 48 C.F.R. § 8.405; Injunctive Relief; Subject Matter Jurisdiction; Federal Acquisition Streamlining Act, 10 U.S.C. § 2304c(e); Organizational Conflicts of Interest; Unequal Treatment.

11-418 • ADAMS v. USA

Filed 05/09/2016
REPORTED OPINION granting Motion for Judgment on the Administrative Record; denying [58] Motion for Judgment on the Administrative Record The Clerk is directed to enter judgment. Signed by Judge Elaine D. Kaplan.

Keywords: re: Judgment on the Administrative Record; RCFC 52.1(c); 10 U.S.C. § 1201; 10 U.S.C. § 1413a; Military Retirement Pay; Combat-Related Special Compensation.

15-1409 • MSC INDUSTRIAL DIRECT CO., INC. v. USA

Filed 05/06/2016
REPORTED OPINION. Signed by Senior Judge Eric G. Bruggink. (bz1) Copy to parties.

Keywords: re: Bid Protest; Pre-Award; Corrective Action; Federal Supply Schedule; Blanket Purchase Agreement, FAR 8.405-3; AbilityOne Program

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