USCFC General Jurisdiction-Reported

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15-1033 • OCTO CONSULTING GROUP, INC v. USA

Filed 12/17/2015
REPORTED OPINION Signed by Judge Susan G. Braden.

Keywords: re: Administrative Procedures Act (APA), 5 U.S.C. § 706; Bid Protest Jurisdiction, 28 U.S.C. § 1491; Equal Access to Justice Act, 28 U.S.C. § 2412(d)(2)(B)(ii); Federal Acquisition Regulation (FAR),48 C.F.R. §8.4, Federal Supply Schedules, 48 C.F.R. §8.405-3, Blanket Purchase Agreements; Federal Agency Procurement, 41 U.S.C. § 152(3); Interested Party, 28 U.S.C. § 1491(b)(1); Rules of the United States Court of Federal Claims (RCFC), RCFC 52.1, Administrative Record.

14-123 • GREENE v. USA

Filed 12/17/2015
REPORTED OPINION and ORDER denying Motion to Stay; denying [22] Motion to Compel; denying [29] Motion for Summary Judgment; and granting [30] Cross Motion. The Clerk is directed to enter judgment. No costs. Signed by Judge Margaret M. Sweeney.

Keywords: re: Pro Se Plaintiff; Summary Judgment; RCFC 56; 31 U..S.C. § 3720A; Motion to Compel; Motion to Stay; Illegal Exaction; Offset; Notice; Criminal Fine; Debt; Past Due; Certification.

13-80 • SUMMIT MULTI-FAMILY HOUSING CORPORATION v. USA

Filed 12/17/2015
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(6); finding as moot [21] Cross Motion. The Clerk is directed to enter judgment. Signed by Judge Elaine D. Kaplan.

Keywords: re: Subject Matter Jurisdiction; RCFC 12(b)(1); Contracts Disputes Act; 41 U.S.C. § 7102(a)(2); Takings Clause; Bid Protest; Corrective Action

12-395 • LAMBERT et al v. USA

Filed 12/16/2015
REPORTED OPINION granting approval of proposed settlement and approving with modification class counsel's motion for fees. The Clerk is directed to enter judgment. Signed by Judge Nancy B. Firestone.

Keywords: re: Reported Opinion; Rails-to-Trails; Class Action; Final Approval of Settlement Agreement; Modification and Approval of Class Counsel Fees

14-1158 • LAUGHLIN v. USA

Filed 12/15/2015
REPORTED OPINION granting Motion for Judgment on the Administrative Record. For the reasons stated, defendant's motion to dismiss for lack of subject matter jurisdiction is DENIED, defendant's motion for judgment on the administrative record is GRANTED, and plaintiff's cross-motion for judgment on the administrative record is DENIED. The clerk is directed to issue final judgment in accord with this disposition. Signed by Judge Charles F. Lettow.

Keywords: re: Order on Motion for Judgment on the Admin. Record, Reported Opinion: Military pay dispute; claim by dental surgeon for monetary relief stemming from the Navys alleged miscalculation of his obligated service period; retention bonus; 37 U.S.C. § 301e; incentive special pay; 37 U.S.C. § 302b.

15-189 • EXCELSIOR AMBULANCE SERVICE, INC. v. USA

Filed 12/15/2015
REPORTED OPINION reissuing Opinion and Order for public availability. Signed by Judge Margaret M. Sweeney.

Keywords: re: Bid Protest; Solicitation; Department of Veterans Affairs; RCFC 52.1; Cross-Motions for Judgment on the Administrative Record; SDVOSB; Corrective Action; Ambulance Services; FAR 52.219-14; FAR 15.306(a); FAR 15.306(e)(1); VAAR 852.219-10.

15-837 • BRASETH TRUCKING, LLC v. USA

Filed 12/14/2015
REPORTED OPINION on MOTION for Judgment on the Administrative Record filed by BRASETH TRUCKING, LLC remanding to agency and staying case. Signed by Judge Elaine D. Kaplan.

Keywords: re: Bid Protest; Standing; Past Performance Evaluation; FAR 13.305(a)(2)(iv); Adjectival Ratings; Trade-off Analysis; FAR 15.308; Remand to Agency

15-581 • OGUNNIYI v. USA

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

Keywords: re: Pro Se Plaintiff; Motion to Dismiss; Lack of Subject Matter Jurisdiction; Breach of Contract; Third Party Beneficiary.

11-453 • SUFI NETWORK SERVICES, INC. v. USA

Filed 12/07/2015
REPORTED OPINION denying profit and overhead on attorneys' fees. Status Report due by 12/21/2015. Signed by Judge Thomas C. Wheeler.

Keywords: re: Claim for Overhead and Profit as a Mark-up on Recovery of Attorney's Fees; Start Date for Running of Interest on Attorney's Fees and Expenses; Proposed Change in Method for Determining Attorney's Fees.

11-439 • LUCIANO v. USA

Filed 12/04/2015
REPORTED OPINION granting Defendant's Motion for Summary Judgment. Plaintiff's complaint is DISMISSED. The Clerk is directed to enter judgment. Signed by Senior Judge James F. Merow.

Keywords: re: Jurisdiction; Taking; Accrual of Claim; Statute of Limitations

13-446 • AUSTIN et al v. USA

Filed 12/02/2015
REPORTED OPINION: Granting in Part, Denying in Part Motion for Partial Summary Judgment; Granting in Part, Denying in Part [48] Motion for Partial Summary Judgment; Granting in Part, Denying in Part [53] Motion for Summary Judgment. (Status Report due by 1/4/2016). Signed by Judge Elaine D. Kaplan.

Keywords: re: 38 U.S.C. § 7453; Holiday Pay; 5 U.S.C. § 6103; Executive Order No. 11,582; Observance of Federal Holidays; Summary Judgment; RCFC 56

15-388 • EL v. USA

Filed 12/02/2015
REPORTED Order dismissing plaintiff's complaint. The Clerk is directed to enter judgment. Signed by Judge Marian Blank Horn. (dls) Copy to parties. Modified on 1/28/2016 - corrected text(jt1).

Keywords: re: Pro Se Plaintiff; In Forma Pauperis: Lack of Subject Matter Jurisdiction.

07-272 • ABBEY et al v. USA

Filed 12/01/2015
REPORTED OPINION - granting in part and denying in part Motion for Summary Judgment; granting in part and denying in part [306] Cross Motion - The parties' joint stipulation is due by 1/19/2016. Signed by Chief Judge Patricia E. Campbell-Smith. (MEH) Copy to parties. Modified on 12/1/2015 - correction to pdf (jt1).

Keywords: re: Order on Motion for Summary Judgment, Order on Cross Motion [Dispositive], Reported Opinion, On Remand; Cross-Motions for Summary Judgment; RCFC 56;FLSA; 29 U.S.C. §§ 201-219; Federal Employees Flexible & Compressed Work Schedules; 5 U.S.C. §§ 61206133. (MEH)

15-1071 • NIE v. USA

Filed 11/30/2015
REPORTED Order 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; Lack of Subject Matter Jurisdiction.

13-165 • KENNEDY v. USA

Filed 11/30/2015
REPORTED OPINION granting in part and denying in part Motion to Dismiss - Rule 12(b)(1) and (6); denying [52] Motion for Judgment on the Administrative Record; and granting [58] Cross-Motion for Judgment on the Administrative Record. The Clerk is directed to enter judgment. Signed by Judge Margaret M. Sweeney. (kb1)

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1) and (6), Order on Motion for Judgment on the Admin. Record, Reported Opinion - Military Pay; NROTC Scholarship; 10 U.S.C. §§ 2005, 2107; 37 U.S.C. § 209; Motion to Dismiss; Subject Matter Jurisdiction; Statute of Limitations; Mootness; Justiciability; Cross-Motions for Judgment on the Administrative Record; Final Agency Action Subject to Judicial Review

15-949 • FP-FAA SEATTLE, LLC v. USA

Filed 11/30/2015
REPORTED OPINION. Signed by Judge Susan G. Braden.

Keywords: re: Reported Opinion; Administrative Procedures Act, 5 U.S.C. § 706; Bid Protest Jurisdiction, 28 U.S.C. § 1491; Competition In Contracting Act, 31 U.S.C. § 3551; General Services Administration Regulation, 48 C.F.R. § 570.306(a); Interested Party, 28 U.S.C. § 1491(b)(1); Rule 57 of the Rules of the United States Court of Federal Claims ("RCFC"), Declaratory Judgment; RCFC 52.1, Administrative Law Record.

15-1069 • SPRINGFIELD PARCEL C, LLC v. USA

Filed 11/25/2015
REPORTED OPINION: Published decision reflecting redactions from the version issued under seal on November 11, 2015. Signed by Judge Charles F. Lettow.

Keywords: re: Post-award protest of lease subject to the Public Buildings Act, 40 U.S.C.§ 3307; material terms of agency's request for lease proposals; condition imposed by congressional committees on appropriations for the lease; contravention of material terms of request for lease proposals and of condition on appropriation; enforcement of limitation on appropriation; the Anti-Deficiency Act; 31 U.S.C. § 1341(a); injunction; declaration that lease is void

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

Filed 11/25/2015
REPORTED OPINION (PUBLISHED). Plaintiff's motion for judgment on administrative record GRANTED. Defendant's cross-motion DENIED. Agency's decision to reject plaintiff's proposal VACATED and REMANDED to agency until January 11, 2016 for further action consistent with this opinion. Defendant shall file status report by 1/11/2016. Signed by Judge Nancy B. Firestone.

Keywords: re: Reported Opinion: Post-Award Bid Protest; Price Realism; Small Business Administration; Responsibility Determination.

12-435 • WARD v. USA

Filed 11/24/2015
REPORTED ORDER REFERRING PRO SE PLAINTIFF TO PRO BONO/ATTORNEY REFERRAL PILOT PROGRAM. On or before January 8, 2016, Plaintiff shall file a notice indicating whether he consents to referral of this case to the Court of Federal Claims Bar Association Pro Bono/Attorney Referral Pilot Program. Defendant's motion to dismiss for failure to prosecute is denied. (Notice of Compliance due by 1/8/2016.). Signed by Judge Mary Ellen Coster Williams. (ac7) Copy to parties.

Keywords: re: Military Pay; Pro Bono/Attorney Referral Program

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

Filed 11/24/2015
REPORTED MEMORANDUM OPINION and ORDER Ruling on Indefiniteness Asserted Regarding Certain Claim Terms in United States Patent No. 6,874,729, United States Patent No. 7,097,137, United States Patent No. 8,167,242, United States Patent No. 8,517,306. Signed by Judge Susan G. Braden.

Keywords: re: Indefiniteness; Intrinsic Evidence; Jurisdiction Over Patent Claims Against The United States,28 U.S.C. § 1498(a); The Patent Act of 1952, 35 U.S.C. § 1 et seq., 35 U.S.C. § 100 ("Definitions"), 35 U.S.C. § 112(a)-(b), (f) ("Specification"), 35 U.S.C. § 271 ("Infringement"), 35 U.S.C. § 281 ("Remedy for infringement of patent"), 35 U.S.C. § 371 ("Pending Patent Applications at the USPTO Under the Patent Cooperation Treaty"); Person of Ordinary Skill in the Art; Rules of the United States Court of Federal Claims ("RCFC") RCFC 14 ("Third-Party Practice"), RCFC 24 ("Intervention").

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