USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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14-494 • BAHA v. USA

Filed 08/24/2015
REPORTED OPINION Denying in part and Granting in part Motion to Dismiss pursuant to Rules 12(b)(1) and (6) Or To Provide Notice To Interested Parties filed by USA. Signed by Judge Nancy B. Firestone.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1) and (6), Reported Opinio: Motion to Dismiss; Lack of Jurisdiction; RCFC 12(b)(1); Failure to State a Claim; RCFC 12(b)(6); Pleading Contractual Provisions; RCFC 9(k); Contract Disputes Act; Notice to Interested Parties; RCFC 14(b)(3); RCFC 12(b)(7)

11-541 • NEW ORLEANS REGIONAL PHYSICIAN HOSPITAL ORGANIZATION, INC v. USA

Filed 08/21/2015
REPORTED OPINION granting in part and denying in part Motion to Compel. As further specified herein, the parties shall agree on further discovery by September 21, 2015, defendant shall complete any new document production by November 23, 2015, the parties shall agree to a schedule for any further depositions by December 9, 2015, fact discovery shall be completed by February 1, 2016, and the parties shall file a joint status report on further proceedings by February 16, 2016. Signed by Chief Judge Patricia E. Campbell-Smith.

Keywords: re: Order on Motion to Compel, Reported Opinion: Motion to compel; RCFC 37; Conferring in good faith; Discovery; Search protocol; E-discovery; Relevance of discovery, Retaking depositions; Attorneys fees pursuant to RCFC 37(a)(5)(C).

15-498 • ACC CONSTRUCTION COMPANY, INC. v. USA

Filed 08/21/2015
REPORTED OPINION. Signed by Senior Judge Eric G. Bruggink. (bz1) Copy to parties.

Keywords: re: Reported Opinion Bid Protest; Two-Phase Procurement; Unstated Evaluation Criteria; 10 U.S.C. §§ 2305, 2305a; FAR 15.305; Lack of Prejudice.

15-148 • CYIOS CORPORATION v. USA

Filed 08/21/2015
REPORTED OPINION (public version of sealed Opinion issued July 31, 2015). Signed by Chief Judge Patricia E. Campbell-Smith. (rl) Copy to parties. Modified on 9/8/2015 - corrected pdf (jt1).

Keywords: re: Reported Opinion: Post-Award Bid Protest; Motion to Dismiss for Lack of Jurisdiction; Standing; Cross-Motions for Judgment on the Administrative Record; Technical Evaluations

12-898 • SIKORSKY AIRCRAFT CORPORATION v. USA

Filed 08/20/2015
REPORTED OPINION & ORDER: The court GRANTS Sikorsky's Motion for Judgment on the Pleadings, and Sikorsky prevails in its suit to overturn the government's alternative claim. The clerk shall enter judgment for Sikorsky and against the government both on the complaint and on the counterclaim. Sikorsky is awarded its costs of suit. Signed by Judge Charles F. Lettow.

Keywords: re: Second litigation over a contractor's compliance with Cost Accounting Standards pertinent to indirect materiel overhead costs; government's"alternative" claim to that litigated to final judgment in the prior action; applicability of the doctrine of claim preclusion.

14-1157 • CRUMLEY v. USA

Filed 08/20/2015
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. Military pay; wrongful discharge, 10 U.S.C. § 1558(f); Reduction in Force Board; selection board; special board requirement for judicial review.

13-1011 • LATURNER v. USA

Filed 08/20/2015
REPORTED OPINION granting in part and denying in part Motion to Dismiss - Rule 12(b)(1) and (6). Signed by Judge Elaine D. Kaplan.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1) and (6), Reported Opinion : RCFC 12(b)(1); RCFC 12(b)(6); U.S. Savings Bonds; 31 C.F.R. § 315.20; "Valid, Judicial Proceedings"; Title-Based Escheat; Breach of Contract; Third-Party Beneficiary; Fifth Amendment Taking

14-1236 • JOHNSON v. USA

Filed 08/20/2015
REPORTED OPINION AND ORDER: Granting in part Motion to Dismiss - Rule 12(b)(1). Signed by Judge Lynn J. Bush. (ac7) Copy to parties.

Keywords: re: Military Pay and Disability Retirement Claims; Accrual of Claims.

15-838 • EL v. USA

Filed 08/19/2015
REPORTED OPINION AND ORDER granting Motion for Leave to Proceed in forma pauperis The Clerk is directed to enter judgment. Signed by Judge Margaret M. Sweeney. (ac7) Copy to parties.

Keywords: re Pro Se Plaintiff; Dismissal for Lack of Jurisdiction; Application to Proceed In Forma Pauperis

15-193 • MILGROOM et al v. USA

Filed 08/19/2015
REPORTED OPINION granting Motion to Dismiss for lack of subject matter jurisdiction; and denying [11] Motion for leave to file an amended complaint. The Clerk is directed to enter judgment. Costs to defendant. Signed by Judge Marian Blank Horn.

Keywords: re: Reported Opinion on Motion to Dismiss - Rule 12(b)(1) and (6), Order on Motion to Amend Pleadings - Rule 15(b).

14-1213 • WOODRUFF v. USA

Filed 08/19/2015
REPORTED OPINION granting Motion to Dismiss for lack of subject matter jurisdiction. The Clerk is directed to enter judgment. Signed by Judge Marian Blank Horn. (dls) Copy to parties. Modified on 11/16/2015 - correction to pdf(jt1).

Keywords: re: Pro Se Plaintiff; Breach of Contract; Motion to Dismiss; Lack of Subject Matter Jurisdiction; Privity of Contract; Election of Forum; Statute of Limitations.

13-211 • ALAMO et al v. USA

Filed 08/18/2015
REPORTED MEMORANDUM OPINION AND JUDGMENT denying plaintiffs' motion for summary judgment and granting defendant's motion for summary judgment. Signed by Judge Lydia Kay Griggsby.

Keywords re Reported Opinion: Fair Labor Standards Act (FLSA), 29 U.S.C. §§ 201-219; Federal Employee Pay Act (Title V), 5 U.S.C. §§ 5541-5550; Cross-Motions for Summary Judgment, Rule 56.

13-55 • AGILITY DEFENSE & GOVERNMENT SERVICES, INC. v. USA

Filed 08/18/2015
REPORTED OPINION The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler.

Keywords: re: Government Contract Claim for Disposal of Surplus Property in Middle East; Requirements Contract; Firm-Fixed-Price; Reasonableness of Historical Data; Constructive Change Claim; Assumption of Risk.

15-307 • SIGMATECH, INC. v. USA

Filed 08/18/2015
REPORTED ORDER finding as moot Plaintiff's Motion for Judgment on the Administrative Record; finding as moot [41] Intuitive's Motion for Judgment on the Administrative Record; granting [42] Defendant's 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 granting Motion to Dismiss - Rule 12(b)(1), Bid protest; 28 U.S.C. § 1500; mootness

11-236 • DEMODULATION, INC. v. USA

Filed 08/13/2015
REPORTED OPINION AND ORDER granting Motion for Sanctions pursuant to Rule 37; granting [113] Cross Motion for Additional Sanctions Against Plaintiff's Counsel; dismissing as moot in part and denying in part [114] Motion for Sanctions pursuant to Rule 37; denying [134] Motion for Reconsideration - Rule 59(a); denying [141] Motion for Extension of Time to Complete Discovery; granting [145] Motion to Amend/Correct; granting [146] Cross Motion for Protection from Further Discovery. Notice of Compliance due by 8/27/2015. Signed by Judge Thomas C. Wheeler. (se) Copy to parties. Modified on 8/14/2015 to add deadline

Keywords: re: Reported Opinion and Order; Patent Infringement Case; Rule 37 Sanctions; Dismissal of Trade Secret Claims; Reasonable Costs and Attorneys' Fees under 28 U.S.C. § 1927; Protective Order Violations; End of Fact Discovery Period; Rule 59 Motion for Reconsideration.

15-806 • JONES v. USA

Filed 08/12/2015
REPORTED OPINION denying Motion for Preliminary Injunction and Temporary Restraining Order; granting [3] Motion for Leave to Proceed in forma pauperis The Clerk is directed to enter judgment. Signed by Judge Charles F. Lettow. (ac7) Copy to parties.

Keywords: Claim by prisoner of improper federal contract funding of criminal enforcement on a tribal reservation; frivolous allegations; application of 28 U.S.C. § 1915A

06-30 • RUSSIAN RECOVERY FUND LIMITED v. USA

Filed 08/12/2015
REPORTED OPINION: The Clerk is directed to enter judgment. Signed by Senior Judge Eric G. Bruggink. (md) Copy to parties. (Main Document 384 replaced on 8/14/2015 to correct errors in pdf)

Keywords: re: Reported Opinion Taxation of partnership; bona fide partnership; 26 U.S.C. § 704; 26 U.S.C. § 721; FPAA; economic substance; step transaction; Culbertson; penalties; reasonable reliance on tax advice

14-1175 • AMERICAN SAFETY COUNCIL v. USA

Filed 08/10/2015
REPORTED OPINION AND ORDER. Signed by Judge Edward J. Damich.

Keywords: re: Cross Motions for Judgment on the Administrative Record; Motion to File Sur-reply; Motion to Supplement the Record; Bid Protest; Unduly Restrictive; Legitimate Need; Injunctive Relief; CICA; OCI

15-354 • VION CORPORATION v. USA

Filed 08/10/2015
REPORTED MEMORANDUM OPINION AND ORDER. Signed by Judge Lydia Kay Griggsby.

Keywords re Memorandum Opinion and Order: Post-Award Bid Protest; Tucker Act; 28 U.S.C. § 1491(b); RCFC 52.1; Federal Acquisition Regulation (FAR); Price Realism Analysis; Organizational Conflict of Interest; Supplementation of the Administrative Record.

14-1024 • PETRO MEX, LLC v. USA

Filed 08/10/2015
REPORTED OPINION denying Motion to Dismiss - Rule 12(b)(1). Signed by Judge Nancy B. Firestone.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1), Reported Opinion Motion to Dismiss; Breach of Lease; RCFC 12(b)(1); Statute of Limitations; RCFC 17(a)(3); Mineral Leasing Act of 1920; Lease Operator Lacks Privity; Lease Owner Must Be Given Opportunity to Intervene

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