USCFC General Jurisdiction-Reported

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19-994 • LOHMAN et al v. USA

Filed 06/29/2021
REPORTED OPINION denying Motion to Certify Class; denying [27] Motion to Amend/Correct; denying [29] Cross Motion. Joint Status Report due by 7/13/21. Signed by Judge Kathryn C. Davis. (amc) Service on parties made.

10-851 • ADKINS et al v. USA

Filed 06/29/2021
REPORTED OPINION granting in part and denying in part Motion for Sanctions or, in the Alternative, for Attorney's Fees. The motion for sanctions is denied. The alternative motion for attorney's fees is granted. Plaintiffs are entitled to an award of attorney's fees under I.R.C. § 7430 in the amount of $60,800.60. The Clerk is directed to enter judgment. Signed by Senior Judge Margaret M. Sweeney. (kb1)

Keywords: re: Order on Motion for Attorney Fees,, Reported Opinion, -- RCFC 11 Sanctions; Attorneys Fees Under 26 U.S.C. § 7430; Substantial Justification; Appropriate Hourly Rates and Time Expended; Adequacy of Supporting Documentation

16-995 • DUANE OMAR BURNETT, ET AL v. USA

Filed 06/28/2021
REPORTED OPINION Denying Motion for Partial Summary Judgment; Granting [59] Cross Motion; Granting [59] Motion for Partial Summary Judgment. The Clerk is directed to enter judgment. No costs are awarded. Signed by Senior Judge Bohdan A. Futey. (agg) Service on parties made.

21-1397 • M.R. PITTMAN GROUP, LLC v. USA

Filed 06/24/2021
REPORTED OPINION denying Motion for TRO; denying [2] Motion for Preliminary Injunction; granting [8] motion to dismiss. The Clerk is directed to enter judgment. Signed by Senior Judge Charles F. Lettow.

Keywords: re: Post-award bid protest; ambiguity in solicitation; application of Blue & Gold; waiver

21-1341 • OWENS & MINOR DISTRIBUTION, INC. v. USA

Filed 06/22/2021
REPORTED OPINION re Order. Signed by Judge David A. Tapp. (jm) Service on parties made. (Main Document 65 replaced on 6/22/2021)

17-67 • UNITED AFFILIATES CORPORATION et al v. USA

Filed 06/21/2021
REPORTED OPINION AND ORDER granting in part and denying in part Plaintiffs' MOTION to Compel. Signed by Judge Edward H. Meyers. (pyk) Service on parties made.

20-288 • STATE OF OHIO v. USA

Filed 06/21/2021
REPORTED OPINION granting in part Motion for Partial Summary Judgment; denying [32] Cross-Motion. Signed by Senior Judge Charles F. Lettow.

Keywords: re Suit for breach of contract; contract based on Water Supply Act of 1958, as amended, 43 U.S.C. § 390(b); cross-motions for partial summary judgment.

13-402 • ALTA WIND I OWNER LESSOR C et al v. USA

Filed 06/18/2021
REPORTED OPINION granting plaintiffs' request to supplement their expert reports, granting plaintiffs' request to recall fact and expert witnesses pursuant to RCFC 63, granting plaintiffs' request to submit supplemental exhibit, and granting plaintiffs' request to submit transactional documents. The parties shall file a joint status report on or before 9 July 2021. Signed by Judge Ryan T. Holte. (scf) Service on parties made.

Keywords: Order on Motion for Discovery,, Reported Opinion, Supplement the Record; Remand; Supplemental Expert Reports; RCFC 63; Recalling Witnesses

21-1348 • LOFTON v. USA

Filed 06/18/2021
OPINION. The Clerk is directed to enter judgment. Signed by Senior Judge Marian Blank Horn. (jm5) Service on parties made.

15-421 • BEHRENS et al v. USA

Filed 06/16/2021
REPORTED OPINION denying Motion for Summary Judgment; granting [97] Cross Motion. The clerk's office is directed to LIFT the stay in this matter. On or before 7/16/2021, the parties are directed to CONFER and FILE: (a) a joint status report, indicating what, if any, issues remain for resolution in this case; and (b) a joint motion for entry of judgment on all claims that have been resolved. The parties are directed to specifically identify the resolved claims, unless no issues remain, and the case may be dismissed in its entirety. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made.

Keywords: re: reported opinion on Motion for Summary Judgment; Motion for Summary Judgment; RCFC 56; Rails-to-Trails; Trails Act; Fifth Amendment Takings; Railbanking. (TQ)

18-1822 • BOWMAN CONSTRUCTION COMPANY v. USA

Filed 06/14/2021
REPORTED OPINION granting in part, denying in part, and deferring in part Motion to Dismiss - Rule 12(b)(1). Defendant shall file the reprocurement contract, including its statement of work, forthwith. Plaintiff shall submit its proffer and response to this show cause order by June 28, 2021. The Court will conduct a telephonic status conference on June 30, 2021, at 2:00 p.m. EDT to schedule further proceedings, including Defendant's response to Plaintiff's proffer and show cause submission. Signed by Senior Judge Mary Ellen Coster Williams. (tsb) Service on parties made.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1): Motion to Dismiss; Contract Disputes Act; Statute of Limitations; Termination for Default; Surety; Failure to Present Claim to Contracting Officer; Vague Claims.

21-759 • LOGISTICS HEALTH, INC. v. USA

Filed 06/11/2021
REPORTED OPINION AND ORDER. Unsealed public redacted version of denying [32] plaintiff's MJAR; granting [34] intervenor's cross-MJAR; granting [36] government's cross-MJAR. Signed by Judge Ryan T. Holte. (tjw) Service on parties made.

Keywords: re: Reported Order. Post-award bid protest; technical evaluation; discussions with offerors; FAR 15.306(d); balanced pricing; FAR 15.404-1(g); best-value determination; RCFC 52.1; judgment on the administrative record; Blue & Gold waiver.

21-894 • PATTERSON v. USA

Filed 06/11/2021
REPORTED Order granting Motion to Dismiss - Rule 12(b)(1). The Clerk is directed to enter judgment. Signed by Senior Judge Margaret M. Sweeney. (am) Service on parties made.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1), Reported Order: RCFC 12(b)(1); Motion to Dismiss; Jurisdiction; Statute of Limitations; Military Disability Retirement Pay Claim

19-1668 • LAX ELECTRONICS, INC. v. USA

Filed 06/10/2021
REPORTED OPINION denying Motion for Judgment on the Administrative Record; granting [31] Motion for Judgment on the Administrative Record The Clerk is directed to enter judgment. Signed by Senior Judge Eric G. Bruggink. (jpk1) Service on parties made.

Keywords: re: Order on Motion for Judgment on the Admin. Record,,,, Reported Opinion: Bid protest; Cross-motions for judgment on the administrative record; Qualified Products List; Department of Defense Manual.

18-856 • CITIZANT, INC. v. USA

Filed 06/09/2021
REPORTED OPINION denying Motion to Reopen Case. Signed by Judge Thompson M. Dietz. (adb) Service on parties made.

Keywords: re: Motion to Reopen; Rule 60(b)(6); Extraordinary Circumstances; Bid Preparation and Proposal Costs; Relief from Judgment.

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

Filed 06/08/2021
REPORTED ORDER: Granting Plaintiff's motion to admit the identified portions of Mr. Homesley's deposition testimony and PX 1, PX 4 (without pages COE000077 and COE000080-82), PX 28, and PX 43. The government's request [112] to move its counter-designated portions of Mr. Homesley's deposition testimony into the record is, likewise, hereby GRANTED. Signed by Judge Matthew H. Solomson. (ids) Service on parties made.

19-236 • HIRSCH v. USA

Filed 06/08/2021
REPORTED OPINION AND ORDER denying Motion for Reconsideration. Signed by Judge Richard A. Hertling. (dhf) Service on parties made.

20-1811 • TWO RIVERS CORPORATE CENTRE, L.P. v. USA

Filed 06/07/2021
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(6). The Clerk is directed to enter judgment. Signed by Judge David A. Tapp. (ejg) Service on parties made.

20-1034 • FILO v. USA

Filed 06/07/2021
REPORTED OPINION granting Motion for Judgment on the Administrative Record; denying [22] Cross Motion. The Clerk is directed to enter judgment. Signed by Judge David A. Tapp. (ejg) Service on parties made. (Main Document 28 replaced on 6/7/202REPORTED OPINION granting [21] Motion for Judgment on the Administrative Record; denying [22] Cross Motion. The Clerk is directed to enter judgment. Signed by Judge David A. Tapp. (ejg) Service on parties made. (Main Document 28 replaced on 6/7/2021) (vds).1)

19-1019 • PLAINTIFF NO. 1 v. USA

Filed 06/04/2021
REPORTED OPINION AND ORDER (re-issuance of May 20, 2021 Sealed Opinion and Order for Publication ECF No. 62.). Signed by Judge Stephen S. Schwartz. (cmc) Service on parties made.

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