USCFC General Jurisdiction-Reported

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16-1691 • CITY OF WILMINGTON, DELAWARE v. USA

Filed 01/26/2022
REPORTED OPINION: GRANTING Defendant's RCFC 52(c) motion for judgment on partial findings. The Clerk is directed to enter judgment, accordingly. Signed by Judge Matthew H. Solomson. (jmt) Service on parties made.

18-1956 • JOHN CRAWFORD v. USA

Filed 01/26/2022
REPORTED OPINION denying Motion for Attorney Fees. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made.

Keywords: re: Opinion on Motion for Attorney Fees, RCFC 54(d); Equal Access to Justice Act; 28 U.S.C. § 2412; Prevailing Party.(TQ)

21-2230 • LEONARD v. USA

Filed 01/24/2022
Order of Dismissal: The Clerk is directed to ENTER judgment DISMISSING plaintiff's complaints for lack of subject-matter jurisdiction, pursuant to RCFC 12(h)(3). Signed by Judge David A. Tapp. (krm) Service on parties made. Modified on 1/24/2022 - Plaintiff served via U.S. mail. (hw1).

19-1492 • KASTER v. USA

Filed 01/21/2022
REPORTED OPINION denying government's Motion to Dismiss; Plaintiff's claim for Combat-Related Special Compensation is remanded to the CORB for reconsideration; granting [36] government's Motion for Judgment on the Administrative Record; denying Plaintiff's Cross-Motion for Judgment on the Administrative Record. Signed by Chief Judge Elaine D. Kaplan. (tjd) Service on parties made.

21-568 • SUNREZ CORPORATION v. USA

Filed 01/20/2022
REPORTED OPINION and ORDER granting in part, denying in part, and staying in part MOTION to Dismiss pursuant to Rule 12(b)(6). Signed by Judge Ryan T. Holte. (ehb) Service on parties made.

Keywords: re: Reported Opinion and Order. Breach of Contract; Contract Interpretation; Implied Duty of Good Faith and Fair Dealing; SBIR Contract; Motion to Dismiss for Failure to State a Claim; Declaratory Relief; Regulatory Taking.

12-340 • SAUER WEST LLC, et al v. USA

Filed 01/19/2022
REPORTED OPINION and ORDER: denying Motion for Partial Summary Judgment; denying [138] Cross Motion; granting [157] Motion for Additional Discovery; staying [157] Motion for Leave to Refile Motion for Partial Summary Judgment; staying [157] Motion to Refer Case to STB. Joint Status Report due by 2/9/2022. Signed by Judge Ryan T. Holte. (mrm) Service on parties made.

Keywords: re: Reported Opinion and Order. Cross-Motions for Partial Summary Judgment; NITU; Motion to Remand; Stare Decisis; Discovery; Rails-to-Trails; Fifth Amendment Taking; Causation.

20-1258 • DIXON v. USA

Filed 01/18/2022
REPORTED ORDER DENYING Motion for Leave to File First Amended Complaint. Signed by Judge David A. Tapp. (krm) Service on parties made.

20-1258 • DIXON v. USA

Filed 01/18/2022
REPORTED OPINION GRANTING Motion for Judgment on the Pleadings. The Clerk is directed to enter judgment. Signed by Judge David A. Tapp. (krm) Service on parties made. Modified on 1/24/2022 by replacing main document with the corrected document

21-1823 • CACI, INC.-FEDERAL v. USA

Filed 01/13/2022
REPORTED ORDER. Signed by Judge Zachary N. Somers. (jas) Service on parties made.

15-501 • 3RD EYE SURVEILLANCE, LLC v. USA

Filed 01/13/2022
REPORTED OPINION denying Motion for Partial Summary Judgment. Signed by Senior Judge Charles F. Lettow.

Keywords: re [568]: Patent case; plaintiffs' motion for partial summary judgment on defendants' affirmative defense of invalidity under 35 U.S.C. § 112

16-346 • GEOSPATIAL TECHNOLOGY ASSOCIATES, LLC v. USA

Filed 01/11/2022
REPORTED ORDER. Signed by Senior Judge Eric G. Bruggink. (jpk1) Service on parties made.

Keywords: re: Reported Order: Patent infringement; 35 U.S.C. § 102(a) (2012) (pre-AIA); Anticipation; Public accessibility of prior art; Inherency; Reconsideration.

20-1834 • BES DESIGN/BUILD, LLC v. USA

Filed 01/11/2022
**REDOCKETED FOR PUBLICATION** REPORTED OPINION granting in part, as to transfer to the Civilian Board of Contract Appeals and denying in part, as as to request for stay, [17] Motion to Transfer. The clerk's office is directed to TRANSFER this case to the Civilian Board of Contract Appeals by DELIVERING a certified copy of this opinion, a copy of the docket sheet in this matter, and copies of the documents that comprise the balance of the record to: Civilian Board of Contract Appeals, Scott W. Sylke, Clerk of the Board, 1800 M Street, NW, 6th Floor, Washington, DC 20036. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made. (Entered: 01/11/2022)(ead) Service on parties made.

Keywords: Reported Opinion, Motion to Transfer; 41 U.S.C. § 7107(d).

13-499 • LODGE CONSTRUCTION, INC. v. USA

Filed 01/10/2022
REPORTED POST-TRIAL OPINION. Granting in part and denying in part Motion. After careful consideration of the testimony, documents, and arguments presented at trial, the Court makes the foregoing findings of fact and conclusions of law: (1) The Court FINDS AND CONCLUDES, with support from clear and convincing evidence, that Lodge Construction, Inc. submitted a fraudulent claim to the United States Army Corps of Engineers on June 21, 2012 (the Design Claim). (2) The Court FINDS AND CONCLUDES, with support from clear and convincing evidence, that Lodge Construction, Inc. submitted a fraudulent claim to the United States Army Corps of Engineers on June 26, 2012 (the Dewatering Claim). (3) Pursuant to 31 U.S.C. § 3729, Lodge Construction, Inc. is ORDERED to pay to the United States $22,000 in civil penalties for false claims, statements, and records associated with Lodge's certified Dewatering and Design claims submitted for payment to the United States Army Corps of Engineers. (4) Lodge Construction, Inc.'s Design Claim, as stated in Lodge's Complaint, Case No. 13-800, and Lodge's Second Amended Complaint, Case No. 13-500, is FORFEITED pursuant to 28 U.S.C. § 2514. (5) Pursuant to RCFC 54(b), there being no just reason for delay, the Clerk is DIRECTED to enter judgment in favor of the United States in Case No. 13-800. (6) Lodge Construction, Inc.'s Motion to Take Judicial Notice (ECF No. 86) is GRANTED-IN-PART. (7) Further proceedings are required to assess the viability of Lodge's Complaint in Case No. 13-499. In addition, the United States has asserted counterclaims in fraud that were not within the scope of this limited trial. The Court SCHEDULES a status conference on February 1, 2022 to address outstanding issues. That status conference will be conducted in Washington, D.C. at the National Courts Building at 2:00 PM (ET). (8) The Court reserves a decision on costs for a later date. Signed by Judge David A. Tapp. (jm) Service on parties made.

19-244 • E&I GLOBAL ENERGY SERVICES, INC. et al v. USA

Filed 01/10/2022
REPORTED POST-TRIAL OPINION. The Clerk is directed to enter judgment for the United States. Signed by Judge David A. Tapp. (jm) Service on parties made.

15-1163 • PIPES v. USA

Filed 01/07/2022
REPORTED OPINION. The defendant's motion for judgment on the administrative record is granted, and the plaintiff's motion for judgment on the administrative record is denied. The Court will issue an order in accordance with this memorandum opinion. Signed by Judge Richard A. Hertling. (dhf) Service on parties made.

20-44 • CAMPO et al v. USA

Filed 12/23/2021
REPORTED OPINION and ORDER denying Motion to Dismiss; granting [21] Motion for Leave to File Sur-Reply in Opposition to the United States' Motion to Dismiss in Part. Joint Status Report due by 1/20/2022. Signed by Judge Ryan T. Holte. (ehb) Service on parties made. Modified on 12/23/2021 to reflect that the filing is an Opinion and Order.(dls). Modified on 12/28/2021 - corrected pdf (jt1). Modified on 1/3/2022 by replacing PDF to add "corrected" text to document

Keywords: re: Order on Motion to Dismiss; Order on Motion for Leave to File. Motion to Dismiss; RCFC 12(b)(6); Fifth Amendment; Takings; Oysters; Compensable Property Right; Surreply; 28 U.S.C. § 1497; Louisiana.

20-230 • FUENTES v. USA

Filed 12/20/2021
REPORTED OPINION (reissuance of Opinion for Publication). Signed by Senior Judge Marian Blank Horn. (jm5) Service on parties made.

14-388 • HARDY et al v. USA

Filed 12/17/2021
REPORTED OPINION granting in part and denying in part Motion for Attorney Fees. The court awards plaintiffs litigation expenses in the amount of $1,975,039.16, consisting of $1,553,202.31 in attorneys fees and $421,836.85 in costs. The Clerk is directed to enter judgment. Signed by Senior Judge Margaret M. Sweeney. (am) Service on parties made.

Keywords: re: Order on Motion for Attorney Fees, Reported Opinion: Uniform Relocation Assistance and Real Property Acquisition Policies Act; Unsuccessful Claims; Reasonableness of Fees and Costs.

21-2121 • A.T. KEARNEY PUBLIC SECTOR AND DEFENSE SERVICES, LLC v. USA

Filed 12/17/2021
REPORTED OPINION AND ORDER reflecting redactions from the opinion and order previously entered under seal on December 9, 2021. Signed by Senior Judge Charles F. Lettow.

Keywords: re: [36]: Post-award bid protest; motion for preliminary injunction; lack of showing of likelihood of success on merits.

21-1755 • INSIGHT PUBLIC SECTOR, INC. v. USA

Filed 12/16/2021
REPORTED OPINION (reissuance for publication of SEALED MEMORANDUM AND ORDER granting in part [33] Plaintiff's Motion for Judgment on the Administrative Record (MJAR), and denying in part [38] Defendant's Cross-Motion for Judgment on the Administrative Record and Response to Plaintiff's MJAR and [39] Intervenor-Defendant's Cross-Motion for Judgment on the Administrative Record and Response to Plaintiff's MJAR). Signed by Judge Eleni M. Roumel. (rt16) Service on parties made.

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