USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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10-226 • HENRY HOUSING LIMITED PARTNERSHIP v. USA

Filed 06/04/2015
REPORTED OPINION granting Motion. For the reasons stated, plaintiffs' Motion for Approval of Qualified Settlement Fund Pursuant to Section 468B of the Internal Revenue Code is GRANTED. The Weaver Rural Housing Qualified Settlement Trust is approved, and the court retains jurisdiction over the Trust for the duration of its existence. The first annual financial reports shall be provided to the courton May 15, 2016, and shall be due on May 15th of every year thereafter until termination of the Trust. Signed by Judge Charles F. Lettow.

Keywords: re: Order on Motion for Miscellaneous Relief; Reported Opinion; Motion for approval of qualified settlement trust; trust corpus derived from recoveries in 56 individual but closely related cases alleging breach of contract and uncompensated taking

13-575 • AAR MANUFACTURING, INC. et al v. USA

Filed 06/04/2015
REPORTED ORDER. Signed by Judge Susan G. Braden.

Keywords: re: Apparatus Claims;Claim Construction;Corresponding Structure;Function;Extrinsic Evidence;Intrinsic Evidence;Means-Plus-Function Limitation, 35 U.S.C. § 112, 6;28 U.S.C. § 1498(a);35 U.S.C. § 100(d);35 U.S.C. § 281; 41 U.S.C. § 114(b).

15-173 • ILAW v. USA

Filed 06/04/2015
REPORTED OPINION granting Motion to Dismiss for lack of subject matter jurisdiction. The Clerk is directed to enter judgment. Signed by Judge Marian Blank Horn. (dls) Copy to parties. (Main Document 12 replaced on 6/11/2015) (jt1).

Keywords: re: Pro Se; In Forma Pauperis; Lack of Subject Matter Jurisdiction; Due Process; Civil Rights; Tort; Request to Transfer to District Court.

14-282 • NUTT et al v. USA

Filed 06/04/2015
REPORTED ORDER denying Motion for Partial Summary Judgment; granting [12] Cross Motion. Signed by Judge Susan G. Braden.

Keywords: re: Breach of Contract;Federal Tort Claims Act,28 U.S.C. § 2671 et seq.;Military Claims Act,10 U.S.C. § 2731 et seq.;Summary Judgment,RCFC 56.

13-365 • UNITED STATES ENRICHMENT CORPORATION v. USA

Filed 06/03/2015
REPORTED OPINION denying Motion to Dismiss - Rule 12(b)(1). Status Report due by 6/15/2015). Signed by Judge Nancy B. Firestone.

Keywords: re: Order on Motion to Dismiss: Motion to Dismiss for Lack of Subject Matter Jurisdiction; Contracts Dispute Act; Presenting Claims to Contracting Officer; Final Indirect Rates; Provisional Rates; Department of Energy.

15-77 • RAYTHEON COMPANY v. USA

Filed 06/02/2015
REPORTED OPINION reissuing Opinion and Order for publication. Signed by Judge Margaret M. Sweeney. (kb1)

Keywords: re: Reported Opinion; Bid Protest; Proposed Corrective Action Based on GAO Attorney's Statements During an Outcome Prediction Conference; Scope of the Court's Review; Motion to Supplement the Administrative Record; Motion to Strike Document From the Administrative Record; Cross-Motions for Judgment on the Administrative Record; Noncompliance With Solicitation's Evaluation Scheme; Misleading and Unequal Discussions

10-54 • THOMAS, ET AL. v. USA

Filed 06/02/2015
REPORTED OPINION granting Motion for Fees and granting approval of proposed judgment. The Clerk is directed to enter judgment. Signed by Judge Nancy B. Firestone.

Keywords: Order on Motion for Miscellaneous Relief, Reported Opinion Rails-to-Trails; Class Action; FinalApproval of Settlement Agreement;Final Approval of Class Counsel Fees

14-1129 • ROTECH HEALTHCARE INC. v. USA

Filed 06/01/2015
REPORTED OPINION Published. Signed by Judge Nancy B. Firestone. (tc) Copy to parties. (Main Document 51 replaced on 6/3/2015) (jt1).

Keywords: Reported Opinion, Technical Evaluation; Past Performance Evaluation; Price Evaluation; Deference to Agency; Requirements in the Solicitation; Denial of Motion to Supplement Administrative Record.

12-576 • DYNETICS, INC. AND SUBSIDIARIES v. USA

Filed 05/31/2015
REPORTED OPINION denying Plaintiff's Cross Motion; granting [35] Defendant's Motion for Partial Summary Judgment. Joint Status Report due by 6/30/2015. Signed by Chief Judge Patricia E. Campbell-Smith.

Keywords: re: Order on Cross Motion [Dispositive], Order on Motion for Partial Summary Judgment, Reported Opinion Cross-Motions for PartialSummary Judgment; RCFC 56(a); I.R.C. § 41; Treasury Regulation §1.41-4A; Funded Research Exception

14-497 • MENDEZ v. USA

Filed 05/29/2015
REPORTED OPINION dismissing Count I and Counts IV through VII and with respect to Counts II and III (breach claims), denying-in-part and converting/deferring-in-part Defendant's Motion to Dismiss - Rule 12(b)(1) and (6). Signed by Chief Judge Patricia E. Campbell-Smith.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1) and (6), Reported Opinion: Confidential Informant; Compensation, Restitution, or Reward; Judicial Forfeitures; Breach of Express or Implied-In-Fact Contract; Express or Implied Actual Authority; Subject-Matter Jurisdiction; Statute of Limitations; RCFC 12(b)(1); RCFC 12(d) Conversion of RCFC 12(b)(6) Motion to RCFC 56 Motion.

10-553 • FORT HOWARD SENIOR HOUSING ASSOCIATES, LLC, v. USA

Filed 05/29/2015
REPORTED OPINION ( Status Report due by 7/6/2015) granting Motion for Summary Judgment. Signed by Judge Nancy B. Firestone.

Keywords: re: Enhanced-Use Lease; Department of Veterans Affairs; Termination for Default; Breach of Contract; Excuse; Force Majeure; Reformation; Mutual Mistake; Impossibility

10-359 • GANN v. USA

Filed 05/28/2015
REPORTED OPINION (Status Report due by 6/22/2015) granting in part and denying in part Defendat's Motion for Summary Judgment. Signed by Senior Judge Eric G. Bruggink. (jpk1) Joint Status Report due by 6/22/2015. Copy to parties. Modified on 6/1/2015 to add deadline

Keywords: re: Order on Motion for Summary Judgment, Reported Opinion. Employee withholding; Trust fund taxes; 26 U.S.C. § 6672; Failure to pay over; Responsible person; Willfulness.

10-170 • STEIN v. USA

Filed 05/27/2015
REPORTED OPINION. Signed by Judge Marian Blank Horn.

Keywords: re: Military Pay Act, 37 U.S.C. § 204; Lack of Subject Matter Jurisdiction; Motion to Dismiss; Motion for Judgmenton the Administrative Record; 10 U.S.C. § 1201; 10 U.S.C. § 1214.

15-111 • NVE, INC. v. USA

Filed 05/27/2015
REPORTED OPINION. Signed by Judge Thomas C. Wheeler.

Keywords: re: Reported Opinion; Post-Award Bid Protest; Navy Procurement for NSA Bethesda and Walter Reed Janitorial and Custodial Services; Time for Challenging an Agency's Corrective Action Decision; Discretion in Performing Best Value Evaluation; Rational Basis Standard; Judgment on the Administrative Record.

15-57 • GIBSON v. USA

Filed 05/26/2015
REPORTED OPINION and ORDER granting Motion to Dismiss - Rule 12(b)(1). The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler.

Keywords: re: Rule 12(b)(1) Motion to Dismiss; Subject-Matter Jurisdiction; Pro Se Plaintiff; Claim for Declaratory and Injunctive Relief; Medicare Fraud Scheme.

15-56 • GIBSON v. USA

Filed 05/26/2015
REPORTED OPINION and ORDER granting Motion to Dismiss - Rule 12(b)(1). The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler.

Keywords: re: Rule 12(b)(1) Motion to Dismiss; Subject-Matter Jurisdiction; Pro Se Plaintiff; Claim for Declaratory and Injunctive Relief; Medicare Fraud Scheme.

14-687 • AVIATION & GENERAL INSURANCE COMPANY, LTD. et al v. USA

Filed 05/26/2015
REPORTED OPINION denying Motion to Dismiss - Rule 12(b)(6). Signed by Judge Thomas C. Wheeler. Defendant's Answer due by 6/9/2015.(jf) Copy to parties. Modified on 5/28/2015 to add deadline

Keywords: re: Fifth Amendment Taking Claims; 1985 and 1988 Terrorist Hijackings Sponsored by Government of Libya; Effect of U.S. Claims Settlement Agreement With Libya; Rule 12(b)(6) Motion to Dismiss.

14-703 • AUREUS ASSET MANAGERS, LTD. et al v. USA

Filed 05/26/2015
REPORTED OPINION denying Motion to Dismiss - Rule 12(b)(6). Signed by Judge Thomas C. Wheeler. Defendant's Answer due by 6/9/2015.(jf) Copy to parties. (Main Document 26 replaced on 5/27/2015 to correct typo in pdf) (ar). Modified on 5/28/2015 to add deadline

Keywords: re: Fifth Amendment Taking Claims; 1985 and 1988 Terrorist Hijackings Sponsored by Government of Libya; Effect of U.S. Claims Settlement Agreement With Libya; Rule 12(b)(6) Motion to Dismiss.

14-541 • JACINTOPORT INTERNATIONAL LLC v. USA

Filed 05/20/2015
REPORTED OPINION ( Status Report due by 6/19/2015) denying Motion for Judgment on the Pleadings; granting in part and denying in part [14] Cross Motion. Signed by Judge Elaine D. Kaplan.

Keywords: re: Order on Motion for Judgment on the Pleadings, Order on Cross Motion [Dispositive], Reported Opinion:Contract Disputes Act (CDA), 41 U.S.C. § 7104; Motion for Judgment on the Pleadings, RCFC 12(c); Motion for Summary Judgment, RCFC 56; Contract Interpretation; Patent Ambiguity; Latent Ambiguity; Extrinsic Evidence.

14-1051 • MESA GRANDE BAND OF MISSION INDIANS v. USA

Filed 05/20/2015
REPORTED OPINION denying Motion to Dismiss - Rule 12(b)(1) and (6); denying [7] Motion to Dismiss - Rule 12(b)(7). The government's motion to dismiss the complaint pursuant to RCFC 12(b)(1), RCFC 12(b)(6), or RCFC 19, is DENIED. The government shall file its answer to the Mesa Grande Band's complaint on or before June 12, 2015. Signed by Judge Charles F. Lettow. (gk) Modified on 5/20/2015 to correct pdf.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1) and (6), Order on Motion to Dismiss - Rule 12(b)(7), Reported Opinion, Claim by an Indian band of a taking arising from interference with its right to an 80-acre tract of land; objective basis for awareness of accrual of claim; 28 U.S.C. § 2501; plausible allegations of entitlement to relief; RCFC 12(b)(6); joinder; RCFC 19

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