USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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14-989 • CALL HENRY, INC. v. USA

Filed 02/17/2016
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(6) The Clerk is directed to enter judgment. Signed by Sr. Judge Loren A. Smith.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(6), Reported Opinion. RCFC 12(b)(6); Failure to State a Claim.

15-914 • CADDELL CONSTRUCTION COMPANY v. USA

Filed 02/17/2016
REPORTED OPINION. Notice of Compliance due by 2/22/2016. Status conference set for 2/29/2016 at 2:30 pm EST. Signed by Judge Mary Ellen Coster Williams.

Keywords: re: Post-award Bid Protest; 28 U.S.C. § 1491(b)(1); RCFC 52.1; Prequalification; Omnibus Diplomatic Security and Antiterrorism Act of 1986, 22 U.S.C. § 4852; United States person; Requisite Technical and Financial Resources in the United States; Statutory Interpretation; Remand.

14-376 • PIONEER RESERVE, LLC v. USA

Filed 02/16/2016
REPORTED OPINION ( The parties are directed to confer and propose by March 8, 2016, jointly if possible, a schedule leading to trial in October 2016 ) denying Motion for Summary Judgment; granting in part and denying in part [68] Motion for Summary Judgment. Signed by Senior Judge Eric G. Bruggink. (bz1) Copy to parties.

Keywords: re: Clean Water Act; mitigation bank; contract interpretation; incorporation of contract terms; breach of contract; 33 C.F.R. § 332.3

15-78 • FEDERAL ACQUISITION SERVICES TEAM, LLC v. USA

Filed 02/16/2016
REPORTED OPINION. Signed by Judge Victor J. Wolski.

Keywords: re: Reported Opinion Pre-award bid protest; RCFC 52.1(c)Judgment on the Administrative Record; U.S. Special Operations Command; FAR § 52.215-1; late is late rule; Government Control exception applies to electronic delivery; systemic failure; incomplete record before GAO; prejudice; unequal treatment of offerors.

03-2621 • SYSTEM FUELS, INC. v. USA

Filed 02/10/2016
REPORTED OPINION and ORDER (Reissuance of 1/31/16 Opinion and Order for Publication). Signed by Judge Mary Ellen Coster Williams. (TF3) Copy to parties.

Keywords: re: Spent Nuclear Fuel; Partial Breach of Contract; Damages; Causation; Reracking Costs; Cask Loading Costs; Crane Upgrade Costs; Fuel Handling Building Modification Costs; General Project Management Costs; NRC Fees; Allegedly Unsupported Transactions. (TF3)

15-645 • CADDELL CONSTRUCTION COMPANY v. USA

Filed 02/10/2016
REPORTED OPINION (Reissuance of 1/28/16 Opinion and Order for Publication.) Signed by Judge Mary Ellen Coster Williams. (TF3) Copy to parties.

Keywords: re: Post-award Bid Protest; 28 U.S.C. § 1491(b)(1); Omnibus Diplomatic Security and Antiterrorism Act of 1986; Lowest Priced Technically Acceptable Offeror; Misleading Discussions; Price Reasonableness; FAR 15.306; FAR 15.404-1; Price Verification; FAR 14.403; FAR 1.102; Prejudice; Injunctive Relief. (TF3)

13-402 • ALTA WIND I OWNER LESSOR C et al v. USA

Filed 02/08/2016
REPORTED OPINION granting Motion to Amend Pleadings - Rule 15(b). Signed by Judge Thomas C. Wheeler.

Keywords: re: Reported Opinion and Order on Motion to Amend Pleadings - Rule 15(b); Section 1603 Recovery Act Claim for 30 Percent Energy Cash Grants; Defendant's Motion for Leave to Assert Counterclaims Based Upon Expert's Analysis; Effect on Scope of Issues at Trial.

15-1397 • DYNCORP INTERNATIONAL, LLC v. USA

Filed 02/08/2016
REPORTED PROCEDURAL ORDER: Granting Motion to Supplement the Record. Signed by Judge Thomas C. Wheeler.

Keywords: re: Reported Procedural Order; Bid Protest; Supplementing the Administrative Record; Court's Consideration of Expert Witness's Report.

14-304 • ALFORD et al v. USA

Filed 02/08/2016
REPORTED ORDER granting Motion to Dismiss - Rule 12(b)(1); (Joint Status Report due by 2/17/2016). Signed by Sr. Judge Loren A. Smith.

Keywords: Subject Matter Jurisdiction, State law claims.

93-655 • ANAHEIM GARDENS, et al v. USA

Filed 02/04/2016
REPORTED OPINION: Granting in part and Denying in part Defendant's Motion for Protective Order. Fact discovery for First Wave plaintiffs closes March 7, 2016; expert reports due by March 28, 2016; rebuttal expert reports due by May 12, 2016; expert discovery closes June 13, 2016. Joint Status Report re discovery in non-First Wave plaintiffs due by April 25, 2016. Signed by Chief Judge Patricia E. Campbell-Smith.

Keywords: re: Order on Motion for Protective Order, Reported Opinion, Deposition Discovery; Protective Order; RCFC 26(b); RCFC 26(c)(1); RCFC 30(b)(6)

13-353 • J. J. POWELL, INC. v. USA

Filed 02/04/2016
REPORTED OPINION granting in part and denying in part Plaintiff's Motion for Summary Judgment AND granting in part and denying in part [36] Defendant's Cross Motion. On or before 3/7/2016, the parties shall FILE a Joint Stipulation for Entry of Judgment which sets forth the parties' determination of the amount, if any, owed by plaintiff to the United States as a result of the court's rulings in this opinion, and shall ATTACH a Proposed Draft Order for the Entry of Judgment. Signed by Judge Lynn J. Bush.

Keywords: re: Order: Gasoline and Diesel Fuel Excise Taxes; 26 U.S.C. §§ 6416, 6427, 6675 (2012); Treas. Reg. §§ 48.6416(b)(2)-3 (1985), 48.6427-9 (as amended in 2000); Failure to Keep Tax Exemption Certificates as Required by Statute and Regulation; No Penalties Because Reasonable Cause for Failure Exists.

15-367 • SIMS v. USA

Filed 02/03/2016
OPINION and ORDER. Opinion originally filed under seal on January 14, 2016. Signed by Judge Nancy B. Firestone. (dw1) Copy to parties.

Keywords: re: Bid Protest; Pro Se, Nonresponsibility Determination; Denial of Certificate of Competency; Capability to Perform

15-359 • ROGERS v. USA

Filed 02/01/2016
REPORTED Order on MOTION for Judgment on the Administrative Record, CROSS MOTION and RESPONSE denying Motion for Judgment on the Administrative Record; granting Cross Motion. Status Report due by 3/17/2016 Notice of Compliance due by 4/1/2016. Signed by Judge Elaine D. Kaplan.

15-152 • BEARD et al v. USA

Filed 01/29/2016
REPORTED OPINION granting Motion for Summary Judgment. The Clerk is directed to enter judgment. Signed by Chief Judge Patricia E. Campbell-Smith.

Keywords: re: Order on Motion for Summary Judgment, Reported Opinion Forest Service stewardship, breach of contract, contract interpretation, lost profits, reasonably foreseeable damages

11-236 • DEMODULATION, INC. v. USA

Filed 01/29/2016
REPORTED ORDER denying Motion for Reconsideration. Signed by Judge Thomas C. Wheeler.

Keywords: re: Reported Order on Motion for Reconsideration; Patent Infringement Case; Rule 54 Motion for Reconsideration; Failure to Respond to Discovery Requests; Dismissal of Trade Secret Claims as Sanction Under Rule 37.

15-223 • CARABALLO et al v. USA

Filed 01/29/2016
REPORTED MEMORANDUM OPINION and FINAL ORDER granting MOTION to Dismiss pursuant to Rules 12(b)(1) and (6) filed by USA. The Clerk is directed to enter judgment. Signed by Judge Susan G. Braden. (ms) Copy to parties.REPORTED MEMORANDUM OPINION and FINAL ORDER granting [7] MOTION to Dismiss pursuant to Rules 12(b)(1) and (6) filed by USA. The Clerk is directed to enter judgment. Signed by Judge Susan G. Braden. (ms) Copy to parties.REPORTED MEMORANDUM OPINION and FINAL ORDER granting [7] MOTION to Dismiss pursuant to Rules 12(b)(1) and (6) filed by USA. The Clerk is directed to enter judgment. Signed by Judge Susan G. Braden.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1) and (6), Order Dismissing Case, Reported Opinion, Reported Order, Motion To Dismiss, Rule 12(b)(1) of the Rules of the United States Court of Federal Claims ("RCFC"), RCFC 12(b)(6), Statute of Limitations, 28 U.S.C. § 2501, Tucker Act, 28 U.S.C. § 1346(a)(2), 28 U.S.C. § 1491.

12-889 • SEARS et al v. USA

Filed 01/28/2016
REPORTED ORDER denying Defendant's Motion for Partial Summary Judgment and granting in part and denying in part [63] Plaintiffs' Cross-Motion for Partial Summary Judgment: The rate of return from the Moody's Long-Term Aaa Corporate Bond Index, i.e., 3.39 percent, compounded quarterly, shall be used to determine the interest component of the just compensation due to the subclass plaintiffs beyond February 3, 2016. Signed by Judge Charles F. Lettow.

Keywords: Rails-to-trails takings case; class action; interest rate to be applied as part of the otherwise tentatively agreed just compensation for a subclass.

15-664 • NEXAGEN NETWORKS, INC. v. USA

Filed 01/27/2016
REPORTED MEMORANDUM OPINION AND ORDER. Signed by Judge Lydia Kay Griggsby.

Keywords: re: REPORTED MEMORANDUM OPINION AND ORDER: Bid Protest; Tucker Act, 28 U.S.C. § 1491(b); Motion to Dismiss; Rule 12(b)(1); Rule 12(b)(6); Contract Disputes Act, 41 U.S.C. § 7103(a); Task Order; Federal Acquisition Streamlining Act, 10 U.S.C. § 2304c(e).

15-808 • DELLEW CORPORATION v. USA

Filed 01/20/2016
REPORTED ORDER reissuing for publication Order. Signed by Judge Margaret M. Sweeney.

Keywords: re: Bid Protest; Corrective Action; Motion to Dismiss; Mootness; RCFC 12(b)(1).

15-581 • OGUNNIYI v. USA

Filed 01/19/2016
REPORTED ORDER denying Motion for Reconsideration - Rule 59(a). Signed by Judge Marian Blank Horn.

Keywords: re: Pro Se Plaintiff; Motion to Reconsider.

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