USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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02-1222 • MANDICH, et al v. USA

Filed 11/24/2015
AMENDED REPORTED OPINION. Signed by Senior Judge Eric G. Bruggink. (bz1) Copy to parties.

Keywords: re: TEFRA; Settlement; Notice of Deficiency; ComputationalAdjustment; Affected Item; 26 U.S.C. § 465; At Risk Limitation; 26 U.S.C. § 469; Passive Activity Limitation; Doctrine of Variance.

15-148 • CYIOS CORPORATION v. USA

Filed 11/23/2015
REPORTED OPINION (public version of sealed Opinion issued October 26, 2015). Signed by Chief Judge Patricia E. Campbell-Smith.

Keywords: re: Reported Opinion Motion for Reconsideration; Post-Award Bid Protest; RCFC 59(a)(1)(B); RCFC 60(b)(6)

14-320 • LITTLE et al v. USA

Filed 11/23/2015
REPORTED OPINION granting Motion to Dismiss. The Clerk is directed to enter judgment. Signed by Judge Marian Blank Horn.

Keywords: re: Order on Motion to Dismiss, Reported Opinion. Motion to Dismiss; Lack of SubjectMatter Jurisdiction; Failure to Statea Claim; Special Pay Authority, 5 U.S.C. § 5305; Maximum Payable Rate Rule, 5 C.F.R. § 531.221; Back Pay Act, 5 U.S.C. § 5596; MandatoryPay Retention, 5 C.F.R. § 536.301.

15-746 • GRADY v. USA

Filed 11/23/2015
UNREPORTED OPINION and ORDER granting Motion to Dismiss pursuant to Rule 12(b)(1). The Clerk is directed to enter judgment. Each side shall bear its own costs. Signed by Judge Elaine D. Kaplan. (dls) Copy to parties. Modified on 11/24/2015 to indicate opinion and order is unreported.

Keywords: re: 15 U.S.C. § 78a: Securities and Exchange Act of 1934; Implied-In-Fact Contract; Implied-In-Law Contract; RCFC 12(b)(1).

15-50 • KANNADY v. USA

Filed 11/20/2015
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1) The Clerk is directed to enter judgment. Signed by Senior Judge Eric G. Bruggink. (jpk1) Copy to parties.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1): Reported Opinion: 42 U.S.C. § 3374(f); prohibition of judicial review; RCFC 12(b)(1)

15-457 • KEMP v. USA

Filed 11/20/2015
REPORTED ORDER dismissing complaint. The Clerk is directed to enter judgment. Signed by Judge Marian Blank Horn.

Keywords: re: Pro Se Plaintiff; Lack of Subject-Matter Jurisdiction; Proper Defendants; Unlawful Confinement; Admiralty.

15-1088 • RAYMOND EXPRESS INTERNATIONAL, LLC v. USA

Filed 11/18/2015
REPORTED OPINION. (public version of sealed Opinion issued 10/29/2015). Signed by Judge Lynn J. Bush.

Keywords: re: [42]: Post-Award Bid Protest; Identity of Awardee Adequately Clear; Past Performance Evaluation Consistent with Solicitation and Rational; Price Realism Inquiry Neither Arbitrary Nor Capricious and Consistent with Solicitation.

15-1197 • US SECURITIES ASSOCIATES, INC. v. USA

Filed 11/13/2015
REPORTED OPINION. Signed by Senior Judge Eric G. Bruggink. (jpk1) Copy to parties. (Main Document 33 replaced on 11/16/2015 to correct pdf and show redactions)

Keywords: re: Reported Order. Post-award bid protest; preliminary injunction; likelihood of success on the merits; fixed price; lowest priced technically acceptable offer.

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

Filed 11/12/2015
REPORTED OPINION granting in part and denying in part Plaintiffs' Motion for Protective Order. Signed by Chief Judge Patricia E. Campbell-Smith.

Keywords: re: Deposition Discovery; Protective Order; RCFC 26(c); RCFC 30(b)(6).

09-165 • EXXON MOBIL CORPORATION v. USA

Filed 11/10/2015
REPORTED OPINION denying Motion to Compel. Signed by Judge Susan G. Braden.

Keywords: re: Order on Motion to Compel, Reported Opinion28 U.S.C. § 455 (Judicial Disqualification); 28 U.S.C. § 1491(b)(1) (Tucker Act Jurisdiction); 28 U.S.C. § 1631 (Transfer for want of jurisdiction); Comprehensive Environmental Response, Compensation Act of 1944 ("CERCLA"), 42 U.S.C. § 9601 et seq.; Contract Settlement Act of 1944, 41 U.S.C. § 113(a); Rule 8 (Affirmative Defenses) of the Rules of the United States Court of Federal Claims ("RCFC"); RCFC 26(b) (Scope Of Discovery); RCFC 37(a)(3)(B) (Motion To Compel Interrogatory Answers); RCFC 40.1(a) (Assignment On Recusal); RCFC 40.1(c) (Reassignment of Case); RCFC 40.2(a)(2) (Related Case Rule).

06-167 • OTAY MESA PROPERTY L.P. et al v. USA

Filed 11/06/2015
REPORTED OPINION AND ORDER granting in part Motion for Attorney Fees. The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler.

Keywords: re: Fifth Amendment Taking; U.S. Border Patrol's Use of Seismic Intrusion Sensors on Plaintiffs' Property; Attorneys' Fees and Expenses; 42 U.S.C. § 4654.

15-833 • FCN, INC. v. USA

Filed 11/06/2015
REPORTED OPINION. Signed by Senior Judge Eric G. Bruggink. (bz1) Copy to parties.

Keywords: re: Reported Opinion Bid Protest; Pre-Award; Judgment on Administrative Record; Best Value Tradeoff; Competitive Range; FAR 15.402(a); FAR 15.306(c)

15-569 • POTTER v. USA

Filed 11/05/2015
REPORTED MEMORANDUM OPINION and ORDER granting Motion for leave to proceed in forma pauperis; granting [6] Motion to dismiss - Rule 12(b)(1); and denying [7] Motion to transfer case to district court. The Clerk is directed to enter judgment. No costs. Signed by Judge Lydia Kay Griggsby.

Keywords: re: Pro Se; Rule 12(b)(1), Subject Matter Jurisdiction; Rule 41(b), Failure to Prosecute; Claims Against a Private Party; 28 U.S.C. § 1631, Motion to Transfer; In Forma Pauperis.

15-426 • HARDIN v. USA

Filed 11/03/2015
REPORTED OPINION and ORDER granting Motion to Dismiss - Rule 12(b)(1); denying, as moot, [6] Motion for Default Judgment; and granting [2] Motion for Leave to Proceed in forma pauperis, but directing plaintiff to pay the filing fee in full pursuant to 28 U.S.C. § 1915(b). The Clerk is directed to enter judgment. No costs. Signed by Judge Margaret M. Sweeney.

Keywords: re: Pro Se Plaintiff; Dismissal for Lack of Jurisdiction; Frivolous Complaint; 28 U.S.C. § 1915(g); "Three-Strikes" Rule; Application to Proceed In Forma Pauperis.

11-201 • ROSS-HIME DESIGNS, INC. v. USA

Filed 11/03/2015
REPORTED OPINION. Signed by Judge Mary Ellen Coster Williams. (TF3) Copy to parties.

Keywords: re: Patent Infringement; Deposition Fee of Expert Witness; Rule 26(b)(4)(E)(i); Rule 30(e); Rule 37(a); Reasonable Expert Rate; Deposition Preparation Time; Review of Transcript and Preparation of Errata Sheet; Cost of Deposition Transcript; Attorneys Fees for Preparing Motion to Compel. (TF3)

08-415 • HORN & ASSOCIATES, INC. v. USA

Filed 10/31/2015
REPORTED OPINION. Signed by Judge Marian Blank Horn.

Counterclaim; Fraud; False Claims Act; Special Plea in Fraud; Contract Disputes Act; Recovery Audit; NASA; Trial. Keywords: re: Reported Opinion

06-141 • SHELL OIL COMPANY et al v. USA

Filed 10/30/2015
REPORTED OPINION on MOTION to Amend Pleadings - Rule 15 [26] Answer filed by USA, [129] MOTION for Protective Order As to Defendant's Unpled Offset Defense MOTION for Partial Summary Judgment As to Defendant's Unpled Offset Defense filed by SHELL OIL COMPANY, ATLANTIC RICHFIELD COMPANY, TEXACO, INC., UNION OIL COMPANY OF CALIFORNIA, [153] MOTION to Amend Pleadings - Rule 15 [152] MOTION to Amend Pleadings - Rule 15 [26] Answer - and to assert counterclaims sounding in fraud - REDACTED VERSIONS filed by USA denying [129] Motion for Protective Order; granting [129] Motion for Partial Summary Judgment; denying [152] Motion to Amend Pleadings - Rule 15(b); denying [153] Motion to Amend Pleadings - Rule 15(b). Signed by Judge Susan G. Braden.

Keywords: re: Order on Motion for Protective Order, Order on Motion for Partial Summary Judgment, Order on Motion to Amend Pleadings - Rule 15(b), Reported Opinion, 28 U.S.C. § 1491(b)(1), 28 U.S.C. § 2501, 28 U.S.C. § 2508, 28 U.S.C. § 2514, 41 U.S.C. § 113(a), 42 U.S.C. § 9601 et seq., RCFC 8(c), RCFC 15(a)(2).

15-309 • FRITZ v. USA

Filed 10/30/2015
REPORTED OPINION and ORDER granting Motion to Dismiss - Rule 12(b)(1); and denying [7] Motion for Sanctions pursuant to Rule 11. The Clerk is directed to enter judgment. No costs. Signed by Judge Margaret M. Sweeney.

Keywords: re: Military Pay; Nonselection for Promotion; Motion to Dismiss; Statute of Limitations; Accrual; Effect of Correction Board Decision; Martinez; Motion for Sanctions.

14-704 • ALIMANESTIANU et al v. USA

Filed 10/29/2015
REPORTED OPINION denying Motion to Dismiss - Rule 12(b)(6). Telephonic status conference scheduled for 11/17/2015 at 11:00 a.m. Signed by Judge Mary Ellen Coster Williams. (TF3) Copy to parties.

Keywords: re: Rule 8(a)(2); Rule 12(b)(6); Motion to Dismiss; Fifth Amendment Taking; Property Interest; Nonfinal Judgment; Justiciability; Political Question. (TF3)

15-293 • NATIONAL TELECOMMUTING INSTITUTE, INC v. USA

Filed 10/28/2015
REPORTED OPINION AND ORDER. Signed by Judge Thomas C. Wheeler.

Keywords: re: Post-award Bid Protest; AbilityOneProgram; Javits-Wagner-O'Day Act; Delay in Filing Protest; Laches; Reasonableness of Evaluation and Selection of Awardee; Judgment on the Administrative Record.

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