USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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01-39 • FREEMAN v. USA

Filed 09/30/2015
REPORTED OPINION granting Partial Motion to Dismiss. Signed by Judge Nancy B. Firestone. (tc) Copy to parties. Modified on 12/11/2015 - corrected pdf(jt1).

Keywords: re: Order on Motion to Dismiss, Reported Opinion: Partial Motion to Dismiss for Lack of Jurisdiction; RCFC 12(b)(1); Fifth Amendment Takings; Lack of Ripeness; Failure to Establish Futility

14-627 • DIVERSIFIED GROUP INCORPORATED et al v. USA

Filed 09/29/2015
ORDER AND OPINION granting defendant's motion to dismiss. The Clerk is directed to enter judgment. Signed by Judge Margaret M. Sweeney. (ta) Copy to parties. (Main Document 33 replaced on 9/30/2015)

Keywords: re: Motion to Dismiss for Lack of Jurisdiction; RCFC 12(b)(1); Subject Matter Jurisdiction; Tax Shelter; Full Payment Rule; Penalty; 26 U.S.C. § 6111; 26 U.S.C. § 6707; Aggregate; Divisibility; Abatement; Son-of-BOSS; Option Partnership Strategy; Financial Derivatives Investment Strategy.

11-597 • ESTES EXPRESS LINES v. USA

Filed 09/29/2015
REPORTED OPINION denying as moot Motion for Summary Judgment; granting [35] Motion to Dismiss; denying as moot [35] Cross-Motion for Summary Judgment. The Clerk is directed to enter judgment. Signed by Judge Lydia Kay Griggsby.

Keywords: re: Contract Disputes Act (41 U.S.C. §§ 7101-09); RCFC 12(b)(1); RCFC 56; Federal Acquisition Regulation; Certified Claim; Sum Certain.

12-852 • CMS CONTRACT MANAGEMENT SERVICES et al v. USA

Filed 09/29/2015
REPORTED OPINION granting Motion for Bid Preparation Costs. Plaintiffs shall individually submit proposal preparation claims to the Department of Justice on or before October 29, 2015. If the claims are not resolved by December 31, 2015, Defendant shall file a status report with the Court by January 8, 2016. Signed by Judge Thomas C. Wheeler.

Keywords: re: Bid Protest; Motion for Award of Bid Preparation and Proposal Costs; Agency's Prejudicial Error in Conducting Procurement; Causation of Unnecessary Proposal Preparation Costs; Recovery of Reasonable Costs.

15-434 • CARAWAY et al v. USA

Filed 09/29/2015
REPORTED OPINION: the government's motion to dismiss for lack of subject matter jurisdiction is GRANTED pursuant to RCFC 12(b)(1). The clerk is directed to enter judgment in accord with this disposition. Signed by Judge Charles F. Lettow.

Keywords: claim for back pay by former managers and supervisors of the FAA's Atlanta TRACON; jurisdiction to address claims under the FAA's Personnel Management System

15-340 • SQUARE ONE ARMORING SERVICE INC. v. USA

Filed 09/28/2015
REPORTED ORDER of ECF No. [28]. Signed by Chief Judge Patricia E. Campbell-Smith.

Keywords: re: Post-Award Bid Protest; Pre-Award Bid Protest; Standing; Justiciability; Mootness; Ripeness

14-1079 • PATTON v. USA

Filed 09/28/2015
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1) and (6). The Clerk is directed to enter judgment. Signed by Judge Elaine D. Kaplan. (dw1) Copy to parties.

Keywords: re: 28 U.S.C. § 1500; Substantially the same operative facts; 28 U.S.C. § 1631.

10-859 • STUART v. USA

Filed 09/25/2015
REPORTED OPINION denying as moot Motion for Judgment on the Administrative Record; denying as moot [48] Motion for Judgment on the Administrative Record; granting [71] Motion for Leave to File; denying in part [73] Motion for Sanctions pursuant to Rule 37. Signed by Judge Mary Ellen Coster Williams.

Keywords: re: Military Discharge; Incomplete Administrative Record; Completion of Administrative Record; Authentication; Vacatur of Decisions Predicated on Incomplete Administrative Record; Remand.

15-982 • EMTA ISAAT, A.S. v. USA

Filed 09/25/2015
REPORTED OPINION. Signed by Judge Nancy B. Firestone.

Keywords: re: Bid Protest; Temporary Restraining Order; Preliminary Injunction; National Security; Balance of Hardships; Price Realism Analysis; Deference to Agency; Technical Acceptability.

13-95 • SANDOVAL LUA et al v. USA

Filed 09/25/2015
REPORTED OPINION granting Motion for Summary Judgment: The governments motion for summary judgment is GRANTED, and the plaintiffs cross-motion for summary judgment is DENIED. The clerk shall enter judgment for the government and against the plaintiffs. The Clerk is directed to enter judgment. Signed by Judge Charles F. Lettow.

Keywords: re: Tax case; effectiveness of taxpayers consent to assessment of taxes without notice of deficiency; assessment within statutory limitations period; payment of tax rather than deposit of funds

14-33 • BOYER, ET AL. v. USA

Filed 09/25/2015
REPORTED OPINION ( Status Report due by 10/23/2015) granting in part and denying in part Motion for Partial Summary Judgment; granting in part and denying in part [45] Cross Motion. Parties shall have until October 23, 2015 to file a proposed schedule for resolving the case. Signed by Judge Nancy B. Firestone.

Keywords: re: Order on Motion for Partial Summary Judgment, Order on Cross Motion [Dispositive], Reported Opinion: Rails-to-Trails; Fifth Amendment Takings; Oregon Law; Scope of Easement.

11-236 • DEMODULATION, INC. v. USA

Filed 09/18/2015
REPORTED OPINION nullifying Motion for Bill of Costs; modifying and granting [157] Motion for Bill of Costs; finding as moot [172] Motion for Attorney Fees. The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler.

Keywords: re: Unduly Burdensome Subpoena Duces Tecum; Failure to Allow Reasonable Response Time; Award of Attorney's Fees and Costs as Sanction Under Rule 45(d)(1).

14-1170 • CSX TRANSPORTATION, INC. v. USA

Filed 09/18/2015
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1). Signed by Judge Elaine D. Kaplan.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1), Reported Opinion Subject Matter Jurisdiction; Breach of Contract; Contract Disputes Act; Procurement Contract; Bailment Agreement; Certified Claim; Defective Certification

15-616 • SCHOTT GOVERNMENT SERVICES, LLC v. USA

Filed 09/17/2015
REPORTED OPINION. Signed by Senior Judge Eric G. Bruggink. (bz1) Copy to parties.

Keywords: re: Bid Protest; Post-Award; Judgment on Administrative Record; Contract Modification; 10 U.S.C. § 2304 (a)(1)(A); Security Clearance; Contract Interpretation

15-785 • TENICA & ASSOCIATES, INC v. USA

Filed 09/17/2015
REPORTED OPINION (originally filed under seal on September 1, 2015). Re-issued without redactions. Signed by Chief Judge Patricia E. Campbell-Smith.

Keywords: re: Bid Protest Jurisdiction; 28 U.S.C. § 1491(b)(1); Preliminary Injunction; Mootness; Ripeness; Standing Reported Opinion

13-455 • BELL et al v. USA

Filed 09/17/2015
REPORTED OPINION (Joint Status Report due by 11/2/2015) denying Motion to Certify Class. Signed by Chief Judge Patricia E. Campbell-Smith.

Keywords: re: Order on Motion to Certify Class, Reported Opinion Class Certification; RCFC 23; Size of the Individual Claims

15-873 • PER AARSLEFF A/S v. USA

Filed 09/16/2015
REPORTED OPINION AND ORDER, reflecting redactions from the opinion and order previously entered under seal on September 9, 2015. Signed by Judge Charles F. Lettow.

Keywords: re: Reported Opinion: Pre-award bid protest of a bridge contract planned after a competitively awarded contract was enjoined; justification and approval for sole-source award; standing; motion for preliminary injunction; equitable factors; absence of immediate irreparable injury.

13-414 • ANHAM, FZCO v. USA

Filed 09/15/2015
REPORTED OPINION on MOTION for Extension of Time until 02/18/2016 to File Response to Anham's motion for partial summary judgment filed by USA. Defendant's response to Plaintiff's motion for partial summary judgment due by 10/13/2015. Signed by Judge Mary Ellen Coster Williams. (TF3) Copy to parties.

Keywords: re: Motion for Enlargement of Time; RCFC 56(d); RCFC 6(b); Partial Summary Judgment; Affidavit or Declaration Required to Request Discovery Prior to Responding to a Motion for Summary Judgment. (TF3)

11-31 • WESTON/BEAN JOINT VENTURE v. USA

Filed 09/11/2015
POST-TRIAL OPINION AND ORDER The Clerk is directed to enter judgment. Signed by Judge Elaine D. Kaplan.

Keywords: re: Post-Trial Opinion and Order Differing Site Condition; Constructive Change; Defective Design Specifications; FAR 52.236-2; FAR 52.243-4; FAR 52.249-10(b)(1); Maintenance Dredging; Implied Duty of Good Faith and Fair Dealing; Liquidated Damages.

15-162 • DAVIS v. USA

Filed 09/10/2015
REPORTED MEMORANDUM OPINION and ORDER granting Motion to Dismiss - Rule 12(b)(1) and (6); denying as moot [12] Motion for Partial Summary Judgment; denying as moot Motion for Judgment on the Pleadings (contained in [16] Response to Motion to Dismiss); and granting [3] Motion for Leave to Proceed in forma pauperis. The Clerk is directed to enter judgment. Signed by Judge Lydia Kay Griggsby.

Keywords: re: Pro se; Rule 12(b)(1), Subject-Matter Jurisdiction; Rule 12(b)(6), Failure to State a Claim; Rule 56, Motion for Partial Summary Judgment; Rule 12(c), Judgment on the Pleadings; In Forma Pauperis.

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