USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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09-504 • HUNNESHAGEN FAMILY TRUST v. USA

Filed 04/15/2015
REPORTED Opinion and Order. The Clerk is directed to enter judgment. Signed by Judge Mary Ellen Coster Williams. (rk) Copy to parties.REPORTED Opinion and Order. The Clerk is directed to enter judgment. Signed by Judge Mary Ellen Coster Williams.

Keywords: re: Rails-to-Trails Act Settlement; Class Action Settlement; Approval of Settlement As Fair, Reasonable, and Adequate; Rule 23(e).

13-152 • AIRPORT ROAD ASSOCIATES, LTD. et al v. USA

Filed 04/14/2015
REPORTED OPINION granting Partial Motion to Dismiss - Rule 12(b)(1). Signed by Judge Nancy B. Firestone.

Keywords: Partial Motion to Dismiss; Statute of Limitations; ELIHPA; Request to Prepay Mortgage; Affordable Housing; Breach of Contract

15-135 • CADDELL CONSTRUCTION CO., LLC v. USA

Filed 04/14/2015
REPORTED ORDER originally filed under seal on April 10, 2015, is reissued and unsealed, pursuant to notice filed April 14, 2015. Signed by Senior Judge James F. Merow.

Keywords: re case numbers 15cv135 and 15cv136: Pre-Award Protest; Jurisdiction; Competition in Contracting Act; Override of Stay in Effect During Pending GAO Protest.

11-511 • SYSTEM FUELS, INC. et al v. USA

Filed 04/13/2015
REPORTED ORDER. Signed by Judge Susan G. Braden.

Keywords: re:Nuclear Waste Policy Act, 42 U.S.C.§§ 10101 et seq.;42 U.S.C. § 10131 (Findings and Purposes);42 U.S.C. § 10222 (Nuclear Waste Fund);10 C.F.R. § 71 (Packaging and Transportation of Radioactive Material);10 C.F.R. § 73.55 (Requirements for Physical Plant Protection);10 C.F.R. § 171 (Annual Fees); 10 C.F.R. § 961.11 (Text of theStandard Contract); Federal Rules of Evidence,201 (Judicial Notice), 602 (Need for Personal Knowledge),702 (Testimony by Expert Witnesses),703 (Bases of an Experts Opinion Testimony),803 (Exceptions to the Rule Against Hearsay);Rules of the United States Court of Federal Claims (RCFC) 54(b) (Judgment on Multiple Claims orInvolving Multiple Parties).

09-869 • GAL-OR v. USA

Filed 04/10/2015
(Docketed for Administrative Purposes) REPORTED Order. The Clerk is directed to enter judgment. Signed by Judge Susan G. Braden.

Keywords: re: RCFC 41(b) (Failure to Prosecute or to Comply With Court Orders).

15-190 • BARNARD v. USA

Filed 04/07/2015
REPORTED Order. The Clerk is directed to enter judgment. Signed by Judge Marian Blank Horn.

Keywords: re: Pro Se Plaintiff; In Forma Pauperis Application; Lack of Subject Matter Jurisdiction.

14-1174 • PRECISE SYSTEMS, INC. v. USA

Filed 04/06/2015
REPORTED OPINION redacting and correcting Sealed Opinion in a manner consistent with [47] Consent Motion proposing redactions and corrections/amendments, which motion is granted. Signed by Chief Judge Patricia E. Campbell-Smith.

Keywords: re: Sealed Opinion and [48] Reported Opinion with redactions/corrections: Bid Protest; Pre-Award; Small Business Administration (SBA); Office of Hearings & Appeals (OHA); Service-Disabled Veteran Owned Small Business Concern (SDVO SBC); Status; Ownership Criteria; 15 U.S.C. § 632(q); 13 C.F.R. pt. 125; 13 C.F.R. § 125.9(d); Remand.

14-1231 • ANTHEM BUILDERS, INC. v. USA

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

Keywords: re:Administrative Procedure Act (APA),5 U.S.C. § 706 (Scope of review); Bid Protest;Competition in Contracting Act of 1984 (CICA), 31 U.S.C. § 3551(Definitions);Federal Acquisition Regulations (FAR),48 C.F.R. § 2.101 (Definitions),48 C.F.R. § 9.105-1 (Obtaining information),48 C.F.R. § 9.105-2 (Determinations and documentation),48 C.F.R. § 28.203 (Acceptability of individual sureties),48 C.F.R. § 28.203-1 (Security interests by an individual surety), 48 C.F.R. § 28.203-2 (Acceptability of assets),48 C.F.R. § 28.204-3 (Irrevocable letter of credit),48 C.F.R. § 52.228-11 (Pledges of assets),48 C.F.R. § 52.228-15 (Performance and payment of bonds);Rule of the United States Court of Federal Claims (RCFC) 52.1 (Administrative Record);Tucker Act, 28 U.S.C. § 1491(b); Uniform Commercial Code (U.C.C.),U.C.C. § 5-102 (Definitions),U.C.C. § 5-104 (Formal requirements),U.C.C. § 5-108 (Insurers rights andobligations).

07-613 • NORTHROP GRUMMAN COMPUTING SYSTEMS, INC. v. USA

Filed 04/06/2015
OPINION (Redacted) re:OPINION filed Under Seal. Signed by Judge Francis M. Allegra.

Keywords: Contract; Motion for summary judgment; Software; Expectation damages; No harm incurred under delivery order; No damages; Maintenance expenses not recoverable; Motion for summary judgment granted.

13-888 • ZAFER TAAHHUT INSAAT VE TICARET A.S. v. USA

Filed 04/03/2015
REPORTED OPINION granting Motion to Dismiss pursuant to Rule 12(b)(6) or Motion for Summary Judgment; denying [23] Motion for Leave to File Exhibits for Oral Argument. The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler.

Keywords: re: Firm Fixed-Price Construction Contract; Delivery of Materials and Supplies to Project Site; Effect of Pakistan Border Closing; Contractor Claim for Equitable Adjustment; Time Extension for Unexpected Delays; Supplementation of Record; Motion to Consolidate

14-651 • RLB CONTRACTING, INC. v. USA

Filed 04/01/2015
REPORTED ORDER denying Motion to Stay Pending Appeal. Signed by Senior Judge Eric G. Bruggink. (jpk1) Copy to parties.

Keywords: re: Order on Motion to Stay, Reported Order. Bid protest; Motion for stay pending appeal

14-61 • STATHIS et al v. USA

Filed 04/01/2015
REPORTED OPINION on MOTION for Partial Summary Judgment filed by GUS J. STATHIS, CHRISTINA M. STATHIS, PAULINE M. STATHIS, [21] CROSS MOTION and RESPONSE filed by USA granting [17] Motion for Partial Summary Judgment; denying [21] Cross Motion. Signed by Judge Marian Blank Horn.

Keywords: re: Partial Summary Judgment; Settlement Agreement; Contract Interpretation.

10-141 • JASMINE INTERNATIONAL TRADING & SERVICE, CO. W.L.L v. USA

Filed 03/31/2015
REPORTED OPINION denying Motion to Dismiss - Rule 12(b)(1) and (6). Signed by Judge Mary Ellen Coster Williams. (TF3) Copy to parties.

Keywords: re: Contract Disputes Act, 41 U.S.C. § 601 et seq. ; Common-Law Fraud Counterclaim; Failure to State a Claim Upon Which Relief Can Be Granted, Rule 12(b)(6); Alleged Nexus Between Fraud and Contract Awards. (TF3)

13-552 • RP1 FUEL CELL LLC et al v. USA

Filed 03/31/2015
REPORTED OPINION. Signed by Judge Marian Blank Horn.

Keywords: re: American Recovery and Reinvestment Tax Act; Section 1603; Internal Revenue Code §§ 45, 48; Fuel Cell Power Plant; Gas Conditioning Equipment; Trash Facility; Municipal Solid Waste.

14-1038 • ELECTRONIC ON-RAMP, INC. v. USA

Filed 03/30/2015
REPORTED OPINION. Signed by Judge Elaine D. Kaplan.

Keywords: re: Reported Opinion. Post-award bid protest; Best-Value Procurement; FAR Part 15; Deficiency; FAR 15.001

14-1164 • MONTEREY CONSULTANTS, INC. v. USA

Filed 03/26/2015
REPORTED OPINION. Signed by Senior Judge Eric G. Bruggink. (jpk1) Copy to parties. (Main Document 34 replaced on 3/27/2015 to include keywords in pdf)

Keywords: re: Reported Opinion. Bid protest; Corrective action; Recision of award; Organized conflict of interest.

14-937 • DOURANDISH v. USA

Filed 03/25/2015
REPORTED OPINION AND ORDER granting Motion to Dismiss - Rule 12(b)(1) The Clerk is directed to enter judgment. Signed by Judge Charles F. Lettow. (ac7) Copy to parties.

Keywords: Order on Motion to Dismiss - Rule 12(b)(1), Reported Opinion: Dispute over allowance of deferred compensation costs claimed under a cost-plus-fixed-fee contract; jurisdiction; privity of contract; third-party beneficiary of a contract; constitutional and civil rights claims

09-648 • SUTTON et al v. USA

Filed 03/19/2015
REPORTED OPINION granting Motion for Fees; granting [119] Joint Motion to Approve Settlement. The Clerk is directed to enter judgment. Signed by Judge Nancy B. Firestone.

Keywords: Rails-to-Trails; Class Action; Final Approval of Settlement; Final Approval of Class Counsel's Fees

14-705 • HARRISON v. USA

Filed 03/19/2015
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1) The Clerk is directed to enter judgment. Signed by Judge Marian Blank Horn. (dls) Copy to parties. Modified on 3/23/2015 - OCR(jt1).

Keywords: re: Pro Se Plaintiff; Lack of Subject Matter Jurisdiction; Presidential Management Fellows Program.

14-870 • HYPERION, INC. v. USA

Filed 03/18/2015
REPORTED OPINION denying Motion to Dismiss - Rule 12(b)(1); granting [18] Motion for Judgment on the Administrative Record. The government's motion to dismiss under RCFC 12(b)(1) for lack of subject matter jurisdiction is DENIED. The government's motion to dismiss under RCFC 12(b)(6), or alternatively for summary judgment under RCFC 56, is converted into one for judgment on the administrative record under RCFC 52.1 and that motion is GRANTED. The clerk shall enter judgment in accord with this disposition. Signed by Judge Charles F. Lettow.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1) and (6); Order on Motion for Summary Judgment; Reported Opinion; Post-award bid protest; subject matter jurisdiction; conversion of a motion to dismiss or for summary judgment into a motion for judgment on the administrative record; new transactional facts obviating claim preclusion; the International Agreement exception to the Competition in Contracting Act; 10 U.S.C. § 2304(c)(4); FAR § 6.302-4; DFARS § 206.302-4; Defense Security Cooperation Agency Manual

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