USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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13-581 • AGUILAR et al v. USA

Filed 10/26/2015
REPORTED OPINION denying Plaintiff's Motion for Judgment on the Administrative Record; granting [39] Defendant's Motion for Judgment on the Administrative Record The Clerk is directed to enter judgment. Signed by Judge Elaine D. Kaplan. (bl) Copy to parties. Modified on 10/26/2015 - corrected text (jt1).

Keywords: re: Immigration Bond; Contract Interpretation; Substantial Violation; 8 C.F.R. § 103.6.

14-941 • HERRMANN et al v. USA

Filed 10/23/2015
REPORTED OPINION: For the reasons stated, the government's motion for partial dismissal is DENIED. Plaintiffs' motion to strike is DENIED as moot. Plaintiffs' motion for partial summary judgment is also DENIED. Plaintiffs' motion for leave to file an exhibit is GRANTED. On or before November 20, 2015, the court requests that the parties submit a joint status report that addresses further proceedings in this action. Signed by Judge Charles F. Lettow.

Keywords: re: Opinion and Order: Tax case; claim for refund of individual income taxes paid pursuant to a notice by the IRS of computational adjustments following an audit of a partnership return; submission by a non-tax matters partner of an administrative adjustment request (AAR) on Form 8082; compliance with instructions attendant to Form 8082; effect of I.R.C. §§ 6227(d), 6228(b)(2)(A)(i), 7422(h), Treasury Reg. § 301.6227(d)-1; jurisdiction to address the partnership items raised in the AAR in this partner-level refund proceeding; claim of right to participate meaningfully in administrative proceeding relating to the determination of partnership items; I.R.C. § 6224(a).

15-243 • IVALDY v. USA

Filed 10/22/2015
REPORTED ORDER granting Motion to Dismiss - Rule 12(b)(1) and (6). The Clerk is directed to enter judgment. Signed by Judge Nancy B. Firestone.

Keywords: re: Pro Se; Motion to Dismiss; Lack of Subject Matter Jurisdiction; RCFC 12(b)(1).

15-458 • KANT v. USA

Filed 10/22/2015
REPORTED ORDER granting Motion to Dismiss - Rule 12(b)(1) and (6). The Clerk is directed to enter judgment and return plaintiff's filing fee. Signed by Judge Nancy B. Firestone. (dls) Copy to parties. Refund completed 12/31/2015

Keywords: re: Pro Se; Motion to Dismiss; Lack of Subject Matter Jurisdiction; RCFC 12(b)(1); Lost or Damaged Mail.

13-523 • COOK v. USA

Filed 10/21/2015
REPORTED OPINION denying Motion to Dismiss - Rule 12(b)(1) and (6); granting in part and denying in part [20] Motion for Judgment on the Administrative Record; granting in part and denying in part [24] Cross-Motion for Judgment on the Administrative Record; and denying as moot [34] Motion to Strike. The case is remanded to the Army for the correction of plaintiff's military records. Remand period terminates on 4/21/2016. Defendant shall file a status report every 90 days, with the first one due by 1/19/2016. RCFC 52.2(f)(1) notices due within 30 days of the Army's filing of documentation that it has complied with the court's instructions. Signed by Judge Margaret M. Sweeney. (kb1)

Keywords: re: Order on Motion to Strike, Order on Motion to Dismiss - Rule 12(b)(1) and (6), Order on Motion for Judgment on the Admin. Record, Reported Opinion: Motion to Dismiss; Mootness; Failure to State a Claim; Motion for Judgment on the Administrative Record; Waiver; Application of Sections 4.129 and 4.130 of the Veterans Affairs Schedule for Rating Disabilities to Soldiers Discharged With PTSD Prior to the Enactment of the Wounded Warrior Act in 2008; 10 U.S.C. Chapter 61; Authority of the Physical Disability Board of Review Under 10 U.S.C. § 1554a; Army Acted Contrary to Law

15-229 • ABBAS v. USA

Filed 10/21/2015
REPORTED MEMORANDUM OPINION and ORDER granting Motion to Dismiss - Rule 12(b)(1) and (6). The Clerk is directed to enter judgment. Signed by Judge Lydia Kay Griggsby. (dls) Copy to parties. (Main Document 12 replaced on 10/23/2015.)

Keywords: re: Pro Se; Rule 12(b)(1), Subject-Matter Jurisdiction; Rule 12(b)(6), Failure to State a Claim; Fifth Amendment Takings; Seventh Amendment.

14-855 • ADVANCED GOVERNMENT SOLUTIONS, INC. v. USA

Filed 10/19/2015
REPORTED OPINION denying Motion for Attorney Fees. Signed by Judge Nancy B. Firestone.

Keywords: re: Order on Motion for Attorney Fees, Reported Opinion: Denial of Attorneys Fees under the Equal Access to Justice Act; Voluntary Corrective Action; Not a Prevailing Party

12-592 • QUAPAW TRIBE OF OKLAHOMA v. USA

Filed 10/16/2015
REPORTED OPINION and ORDER: granting in part and denying in part Motion for Discovery Relief. Signed by Judge Thomas C. Wheeler. [Entry re-docketed for Administrative Purposed Only]

Keywords: re: Discovery Dispute; Organization and Labeling of Documents Produced in Haphazard Fashion; Government's Duty to Designate Person(s) to Testify at Rule 30(b)(6) Deposition.

12-431 • GOODEAGLE et al v. USA

Filed 10/16/2015
REPORTED OPINION and ORDER: granting in part and denying in part Motion for Discovery Relief. Signed by Judge Thomas C. Wheeler. [Entry re-docketed for Administrative Purposed Only]

Keywords: re: Discovery Dispute; Organization and Labeling of Documents Produced in Haphazard Fashion; Government's Duty to Designate Person(s) to Testify at Rule 30(b)(6) Deposition.

15-156 • KWR CONSTRUCTION, INC. v. USA

Filed 10/15/2015
REPORTED ORDER Denying Plaintiff's Motion for Discovery and Fourth Motion to Supplement the Administrative Record -- Originally filed under seal on 9/22/2015. Signed by Judge Nancy B. Firestone.

Keywords: re: Bid Protest; Discovery; Supplementation of the Administrative Record.

14-89 • GENERAL MILLS, INC. AND SUBSIDIARIES v. USA

Filed 10/15/2015
REPORTED OPINION (Corrected Opinion). This is a corrected version of the opinion issued October 14, 2015, ECF No. 35, and includes both the Errata the court issued on October 14, 2015, ECF No. 36, and corrections to two typographical errors, as requested by defendant, ECF No. 37. The court made no other changes to the opinion. JPSR due by 11/6/2015. Signed by Chief Judge Patricia E. Campbell-Smith.

Keywords: re: Reported Opinion, Motion to Dismiss; Rule 12(b)(1); Jurisdiction; Statute of Limitations; 26 U.S.C. § 6230(c); TEFRA; Large Corporate Underpayment Interest; Computational Adjustment

15-536 • JOPPY v. USA

Filed 10/09/2015
REPORTED OPINION and ORDER granting Motion for Leave to Proceed in forma pauperis for the limited purpose of dismissing the complaint; and granting [5] Motion to Dismiss - Rule 12(b)(1). The Clerk is directed to enter judgment. Signed by Judge Elaine D. Kaplan.

Keywords: re: Pro Se Plaintiffs; Motion to Dismiss for Lack of Subject Matter Jurisdiction; RCFC 12(b)(1); Military Pay; 37 U.S.C. § 204; Statute of Limitations; 28 U.S.C. § 2501.

13-1015 • NORTH et al v. USA

Filed 10/09/2015
REPORTED OPINION denying Motion for Summary Judgment; granting [26] Cross Motion. (1) Plaintiff's Motion for Summary Judgment, filed 6/10/2015, is DENIED; (2) Defendant's Cross-Motion for Summary Judgment, filed 6/26/2015, is GRANTED; (3) The Clerk's office is directed to ENTER final judgment in favor of defendant, DISMISSING the complaint, with prejudice; and (4) Each party shall bear its own costs. Signed by Judge Lynn J. Bush. (kh) Copy to parties. Modified on 10/28/2015 - corrected minor typographical error in pdf(jt1).

Keywords: re: Order on Motion for Summary Judgment, Order on Cross Motion [Dispositive], Reported Opinion. Civilian Pay; Equal Pay Act of 1963, 29 U.S.C. § 206(d) (2012); Affirmative Defense of a Factor Other Than Sex; Agency Policy Allows Starting Pay Above Minimum If Applicant Has Superior Qualifications and Would Forfeit Pay to Enter Federal Employment.

14-1122 • CORDOVA v. USA

Filed 10/09/2015
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1). The Clerk is directed to enter judgment. Signed by Judge Marian Blank Horn.

Keywords: re: Pro Se Plaintiff; In Forma Pauperis Application; Motion to Dismiss; Lack of Subject-Matter Jurisdiction; Statute of Limitations.

14-1028 • CROWLEY TECHNICAL MANAGEMENT, INC v. USA

Filed 10/08/2015
REISSUED OPINION--Filed this date. Signed by Judge Lawrence J. Block.

Keywords: re: Reissued Opinion and Order--Bid Protest; Motion for Judgment on the Administrative Record; Permanent Injunctive Relief; Public Interests in Military Operations; Fuel Cost Realism Analysis.

15-884 • MANNING v. USA

Filed 10/02/2015
REPORTED OPINION and ORDER denying Motion for Leave to Proceed in forma pauperis, and dismissing the complaint. The Clerk is directed to enter judgment. No costs. Signed by Judge Charles F. Lettow.

Keywords: re: Purported claims of patent infringement and taking of intellectual property; application to proceed in forma pauperis; scope and administration of 28 U.S.C. § 1915; frivolous claims.

15-645 • CADDELL CONSTRUCTION COMPANY v. USA

Filed 10/02/2015
REPORTED OPINION. 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, 22 U.S.C. § 4852; Statutory Interpretation; Total Business Volume; Similar Work Requirement; Agency's Failure to Follow Government Accountability Office's Recommendation. (TF3)

12-592 • QUAPAW TRIBE OF OKLAHOMA v. USA

Filed 10/01/2015
REPORTED OPINION granting Plaintiff's Motion for Partial Summary Judgment. Signed by Judge Thomas C. Wheeler.

Keywords: re: Indian Tribe Claims; Breach of Fiduciary Duty; Breach of Trust Obligations; Partial Summary Judgment; Binding Effect of Government-Sponsored Accounting Reports.

15-324 • PRICE v. USA

Filed 09/30/2015
REPORTED ORDER granting Motion to Dismiss - Rule 12(b)(1). The Clerk is directed to enter judgment. Signed by Judge Nancy B. Firestone. (dw1) Copy to parties.

Keywords: re: Motion to Dismiss for Lack of Jurisdiction; RCFC 12(b)(1); Pro Se

15-336 • ROCKY MOUNTAIN HELIUM, LLC v. USA

Filed 09/30/2015
REPORTED OPINION and ORDER granting Motion to Dismiss - Rule 12(b)(1) and (6) The Clerk is directed to enter judgment. Signed by Judge Susan G. Braden. (Attachments: # (1) Court Exhibit A)(ms) Copy to parties. (dls). Modified on 9/30/2015 to correct pdf.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1) and (6), Reported Opinion, Jurisdiction, 28 U.S.C. § 1346, Motion To Dismiss, RCFC 12(b)(1), RCFC 12(b)(6), Tucker Act, 28 U.S.C. § 1346(a)(2), 28 U.S.C. § 1491.

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