USCFC General Jurisdiction-Reported

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15-439 • GILLIAM v. USA

Filed 03/22/2016
REPORTED OPINION and ORDER granting Motion for Judgment on the Administrative Record; denying [10] Cross-Motion for Summary Judgment. The Clerk is directed to enter judgment. No costs. Signed by Judge Margaret M. Sweeney.

Keywords: re: Cross-Motions for Judgment on the Administrative Record; Correction of Military Records; AFBCMR; Testing for Promotion; Duration of Absence Without Leave; Administrative Discharge Board.

13-821 • INGHAM REGIONAL MEDICAL CENTER et al v. USA

Filed 03/22/2016
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(6). The Clerk is directed to enter judgment. Signed by Judge Marian Blank Horn. (es) Copy to parties. (Main Document 54 replaced on 4/8/2016) (jt1).

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(6), Reported Opinion. Money-Mandating Statute and Regulation; Failure to State a Claim; Breach of Express and/or Implied in Fact Contract; Release; Mutual Mistake; Breach of the Covenant of Good Faith and Fair Dealing; Statute of Limitations.

11-297 • DAVITA INC v. USA

Filed 03/18/2016
REPORTED ORDER Reissued public version of January 21, 2016 opinion and order. Signed by Judge Mary Ellen Coster Williams. (TF3) Copy to parties. Modified on 3/23/2016 - corrected PDF (jt1).

Keywords: re: Motion In Limine; Electronic Discovery; Electronically Stored Information; Amendments to Fed. R. Civ. P. 1 and 37; Rule 37(c); Fed. R. Evid. 1006. (TF3)

14-1161 • AMERISERV TRUST AND FINANCIAL SERVICES COMPANY v. USA

Filed 03/17/2016
REPORTED ORDER: Ameriserv's motion for partial judgment on the pleadings as to liability for breach of contract, ECF No. 24, is GRANTED. On or before April 18, 2016, the parties shall file a Joint Status Report addressing a plan and schedule for further proceedings, including proceedings regarding damages caused by the breach. Signed by Judge Charles F. Lettow.

Keywords: Action for damages based upon alleged breach of contract; motion for partial judgment on the pleadings; RCFC 12(c); express warranty; viability of affirmative defenses.

15-69 • ADAMS et al v. USA

Filed 03/17/2016
OPINION and ORDER granting Motion to Dismiss - Rule 12(b)(1); denying [43] Motion for Leave to File Supplemental Brief. Signed by Judge Elaine D. Kaplan.

Keywords: re: Motion to Dismiss for Lack of Jurisdiction; RCFC 12(b)(1); 5 U.S.C. § 6101(a)(3); Money Mandating Statute.

15-885 • NOVA GROUP/TUTOR-SALIBA v. USA

Filed 03/16/2016
Reissued for Administrative Purposes REPORTED OPINION AND ORDER denying 6 Motion to Dismiss - Rule 12(b)(6). Signed by Judge Mary Ellen Coster Williams. (jt1) Copy to parties.

Keywords: re: Rule 12(b)(6); Motion to Dismiss; Constructive Change; Timely Written Notice; FAR 52.243-4; Actual Notice; Extenuating Circumstances Excusing Timely Written Notice.

15-103 • LAKE BORGNE BASIN LEVEE DISTRICT v. USA

Filed 03/15/2016
REPORTED OPINION (RE-DOCKETED FOR ADMINISTRATIVE PURPOSES). Signed by Judge Marian Blank Horn.

Keywords: re: Motion to Dismiss; Statute of Limitations; 28 U.S.C. § 2501; Breach of Contract; Attorney's Fees; Indemnity Contract; State Court Proceedings.

15-518 • ST. BERNARD PARISH GOVERNMENT et al v. USA

Filed 03/15/2016
REPORTED OPINION (RE-DOCKETED FOR ADMINISTRATIVE PURPOSES). Signed by Judge Marian Blank Horn.

Keywords: re: Motion to Dismiss; Statute of Limitations; 28 U.S.C. § 2501; Breach of Contract; Attorney's Fees; Indemnity Contract; State Court Proceedings.

15-1397 • DYNCORP INTERNATIONAL, LLC v. USA

Filed 03/15/2016
REPORTED OPINION. The Clerk of Court shall enter judgment in favor of Defendant. Signed by Judge Thomas C. Wheeler.

Keywords: re: Pre-award Bid Protest; Failure to Protect Proprietary Information; Waiver; Reasonableness of Agency's Remedial Action; Judgment on the Administrative Record.

13-1023 • MW BUILDERS, INC. v. USA

Filed 03/15/2016
REPORTED ORDER granting Motion to Amend Pleadings - Rule 15(a). Signed by Judge Susan G. Braden.

Keywords: re: Rule 15(a) of the Rules of the United States Court of Federal Claims, Motion To Amend

14-204 • HAVRILA et al v. USA

Filed 03/14/2016
REPORTED OPINION on MOTION for Partial Summary Judgment filed by JOHN G. HAVRILLA, ROBERT L. TRICE, PEERAWUT KAMLANGEK, ERROLL J. HOOKER, JONSON M. TUWELA-GIBBS granting in part and denying in part [20] Motion for Partial Summary Judgment. Signed by Judge Elaine D. Kaplan.

Keywords: re: Order on Motion for Partial Summary Judgment; Reported Opinion; Fair Labor Standards Act; 29 U.S.C. § 207(a); Meal Breaks; Predominant Benefit Analysis; De Minimis Interruptions

15-1279 • ALGESE 2 v. USA

Filed 03/14/2016
REPORTED OPINION. The Clerk of Court shall enter judgment in favor of Plaintiff. Signed by Judge Thomas C. Wheeler.

Keywords: re: Post-award Bid Protest; Offerors Failure to Inform Navy of Parent Corporations Corruption and Fraud in Multiple Government Procurements; Effect of Material Misrepresentations and False Certifications in Proposal; Permanent Injunctive Relief.

15-666 • GOVERNMENT SERVICES CORP. v. USA

Filed 03/11/2016
REPORTED OPINION denying Motion to Strike [16] MOTION to Strike [15] Answer to Amended Complaint, Counterclaim,, . Signed by Judge Susan G. Braden.

Keywords: re: Order on Motion to Strike, Reported Opinion, Fed. R. Civ. P. 13(f), Rule 12(b)(6) of the Rules of the United States Court of Federal Claims ("RCFC"), RCFC 13(a), RCFC 15(a)(3).

12-85 • ADVANCED AEROSPACE TECHNOLOGIES, INC., v. USA

Filed 03/11/2016
REPORTED OPINION denying Motion to Amend Pleadings - Rule 15(b); granting in part and denying in part [113] Motion to Compel. Signed by Judge Susan G. Braden.

Keywords: re: Order on Motion to Amend Pleadings - Rule 15(b), Order on Motion to Compel, Reported Opinion, Attorney-Client Privilege, Discovery.

14-221 • HOCHSTETLER et al v. USA

Filed 03/11/2016
REPORTED OPINION denying Motion for Partial Summary Judgment; granting [27] Cross Motion The Clerk is directed to enter judgment. Signed by Senior Judge Eric G. Bruggink. (bz1) Copy to parties.

Keywords: re: National Trails System Act; 16 U.S.C. §§ 1241-1251; Fifth Amendment Takings Clause; Centerline presumption; language of deed

15-1403 • PHOENIX MANAGEMENT, INC. v. USA

Filed 03/11/2016
REPORTED OPINION reissuing Opinion and Order for public availability. Signed by Judge Margaret M. Sweeney. (kb1)

Keywords: re: Reported Opinion - Bid Protest; Motion to Supplement the Administrative Record; Motion to Dismiss; Waiver; Blue & Gold Fleet; COMINT Systems; Effect of Postaward Corrective Action in Which Competition Was Reopened but Solicitation Not Amended

14-1236 • JOHNSON v. USA

Filed 03/10/2016
REPORTED OPINION granting Motion for Judgment on the Administrative Record; denying [19] Cross Motion. The Clerk is directed to enter judgment. No costs. Signed by Judge Lynn J. Bush.

Keywords: re: Disability Retirement Benefits; 10 U.S.C. § 1201 (2012); No Error in Decision of Military Records Correction Board.

15-1495 • PRECISION ASSET MANAGEMENT CORP. v. USA

Filed 03/08/2016
REDACTED REPORTED OPINION (Originally filed as a sealed opinion on February 26, 2016. Signed by Senior Judge James F. Merow.

Keywords: re: Reported Opinion - Post-Award Bid Protest; Subject Matter Jurisdiction; Standing; Economic Interest; Substantial Chance.

15-1290 • INNOVATIVE TEST ASSET SOLUTIONS LLC v. USA

Filed 03/07/2016
REPORTED OPINION AND ORDER, reflecting redactions from the opinion and order previously entered under seal on February 26, 2016. Signed by Judge Charles F. Lettow.

Keywords: re: Reported Opinion: Post-award bid protest; agency's reevaluation as part of GAO's recommended corrective action; implied duty to fairly and honestly consider protestor's proposal during reevaluation; technical risk factors; cost-price considerations, including price realism; past performance.

15-714 • WOLENS v. USA

Filed 03/04/2016
REPORTED OPINION denying Motion to Dismiss - Rule 12(b)(6) and denying [17] Motion for Summary Judgment. For the reasons stated, the government's motion to dismiss under RCFC 12(b)(6) is DENIED. Plaintiff's motion for summary judgment under RCFC 56(a) is also DENIED. The government is requested to file its answer to plaintiffs complaint by March 25, 2016. Signed by Judge Charles F. Lettow.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(6), Reported Opinion: Tax case; payments to former spouse pursuant to English divorce decree; statutory test for alimony; I.R.C. § 71(b)(1); IRS's inconsistent position in tax case involving former spouse pending before the Tax Court.

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