USCFC General Jurisdiction-Reported

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20-724 • PROSECURE, LLC v. USA

Filed 01/05/2021
REISSUED REPORTED MEMORANDUM OPINION and ORDER of Memorandum Opinion and Order for publication denying [28] plaintiff's motion for judgment on the administrative record, granting [29] defendant-intervenor's cross-motion for judgment on the administrative record, and granting [30] the government's cross-motion for judgment on the administrative record. Signed by Judge Lydia Kay Griggsby. (rs) Service on parties made. Modified on 1/5/2021 to edit docket text to reflect that this is a reissued memorandum opinion and order.

Keywords: Post-Award Bid Protest; Judgment Upon the Administrative Record; RCFC 52.1; Best Value Determination; Injunctive Relief re: Reported Opinion.

09-333 • KOOPMANN v. USA

Filed 01/05/2021
REPORTED OPINION granting in part and denying in part Motion for Reconsideration. Signed by Chief Judge Eleni M. Roumel. (Attachments: # (1) Appendix A)(klb) Service on parties made. Charles H. George, Allen E. Snook, Brian Leiding, James B. Brooks, Sr., Douglas R. Lund, David S. Meik, Joseph L. Galbraith, William Mullen, Magnus R. Hansen, Richard E. Newton, Wayne A. Jackson, William Royall, Jr, Stephen F. Jakubowski, Robert C. Seits, Gerald W. Johnson, Robert S. Tanons, John Joyce and George Williams served via U.S. mail.

20-879 • MITCHCO INTERNATIONAL, INC. v. USA

Filed 12/30/2020
REPORTED OPINION (reissuance of Opinion filed under seal). Signed by Senior Judge Eric G. Bruggink. (hem) Service on parties made.

Keywords: re: Reported Opinion: Bid protest; Post-award Bid Protest; Success on the Merits; Injunctive Relief.

19-673 • ZAFER CONSTRUCTION COMPANY v. USA

Filed 12/30/2020
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(6). The Clerk is directed to enter judgment. Signed by Senior Judge Eric G. Bruggink. (hem) Service on parties made.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(6), Reported Opinion: Contracts; Contract Disputes Act, 41 U.S.C. §§ 7101-7109 (2018); Delay; Changes; Limitations Period for Making Claims.

20-499 • GILEAD SCIENCES, INC. v. USA

Filed 12/30/2020
REPORTED OPINION denying Motion to Dismiss - Rule 12(b)(1) and (6). Answer due by 1/27/2021. Signed by Senior Judge Charles F. Lettow.

Keywords: re: Suit based on alleged breach of contracts; motion to dismiss in which government points to defenses asserted by plaintiff in earlier action filed by government against plaintiff; 28 U.S.C. § 1500; pleading a claim.

15-1189 • MARINE INDUSTRIAL CONSTRUCTION, LLC v. USA

Filed 12/29/2020
REPORTED ORDER denying plaintiff's motion to strike the government's objections; denying plaintiff's objection to the government's exhibits for lack of authentication; granting the government's request the Court disregard certain inadmissible statements; denying plaintiff's motion to designate Mr. Bernert as an expert. Joint proposal due by 1/12/2021. Signed by Judge Ryan T. Holte. (tjw) Service on parties made.

Keywords: re: Order on Motion to Strike, Reported Order. Motion to Strike; Objection to Evidence; Authentication of Evidence; FRE 901; Lay Witness Testimony; Expert Witness Testimony; FRE 701; Designating Witness as Expert.

20-930 • HWI GEAR, INC. v. USA

Filed 12/29/2020
REPORTED OPINION: Reflecting redactions to opinion and order issued 12/23/2020. Signed by Senior Judge Charles F. Lettow.

Keywords: re: Reported Opinion: Post-award bid protest; procurement limited to qualifying small businesses; requirement in solicitation for recertification of offerors small business status upon occurrence of certain events; offerors pre-award failure to recertify upon corporate change rendering offeror no longer small; grant of injunctive relief.

20-849 • VSOLVIT, LLC v. USA

Filed 12/24/2020
REPORTED ORDER: Granting Plaintiff's motion to supplement the administrative record, but denying [19] Plaintiff's motion for judgment on the administrative record. Granting [20] Defendant's cross-motion for judgment on the administrative record. Denying as moot [21] Plaintiff's motion to strike portions of Defendant's cross-motion for judgment on the administrative record. The Clerk shall enter Judgment for Defendant. Signed by Judge Matthew H. Solomson. (ids) Service on parties made.

Keywords: re: Reported Opinion: Solicitation bid protest; RCFC 52.1; administrative record supplementation; organizational conflicts of interest; unequal access to information; Federal Supply Schedule; small business set aside; rule of two; FAR Part 8.

19-1419 • JOHNSON LASKY KINDELIN ARCHITECTS, INC v. USA

Filed 12/23/2020
REPORTED OPINION: Both the complaint and the counterclaim are dismissed, without prejudice, for lack of jurisdiction pursuant to RCFC 12(h)(3). The Clerk is directed to enter judgment accordingly. Signed by Judge Matthew H. Solomson. (rag) Service on parties made. (Main Document 30 replaced on 12/25/2020 to correct typographical error.)

Keywords: re: Reported Opinion: Contract Disputes Act; contract damages; tort damages; sounding in tort; joint and several liability; jurisdiction; RCFC 12(h)(3); government claim; government counterclaim; contracting officers final decision; RCFC 14; RCFC 19

14-690 • SOMMERS v. USA

Filed 12/22/2020
REPORTED OPINION on MOTION for Extension of Time to File Appeal. The plaintiff's motion for leave to file a notice of appeal out of time is DENIED. Signed by Judge Richard A. Hertling. (naw) Service on parties made.

Keywords: re: Order on Motion for Extension of Time to File, Reported Opinion Motion for Leave to File Notice of Appeal Out of Time; Extension of Time to File Notice of Appeal; FRAP 4(a)(1)(B); FRAP 4(a)(5)(A); 28 U.S.C. § 2107(c); 28 U.S.C. § 2522

18-605 • EMIABATA v. USA

Filed 12/18/2020
REPORTED OPINION granting in part (as to plaintiff's claim related to his termination for default) and denying in part (as to plaintff's claim related to his suspension) Motion to Dismiss - Rule 12(b)(1) and (6). Pursuant to RCFC 54(b), as there is no just reason for delay, the clerk's office is directed to ENTER final judgment in defendant's favor as to plaintiff's claim related to his termination for default, and DISMISS plaintiff's claim with prejudice.The clerk's office is further directed to TRANSFER, pursuant to 28 U.S.C.Section 1631, plaintiff's claim related to his suspension to the United States District Court for the District of Vermont. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made; plaintiff served via U.S. mail.

Keywords: re: Reported Opinion, Motion to Dismiss; RCFC 12(b)(1); Implied-in-Fact Contract Jurisdiction; Suspension and Debarment. (TQ)

19-371 • MICHALOVIC CRAWLEY, et al. v. USA

Filed 12/17/2020
REPORTED ORDER granting Unopposed Motion for Conditional Certification and Notice. Joint Status Report due by 1/8/2021. Signed by Senior Judge Nancy B. Firestone. (lb) Service on parties made.

Keywords re Order on Motion, Reported Order: Fair Labor Standards Act; 29 U.S.C. § 216(b); Conditional Certification

19-105 • HYDRAULICS INTERNATIONAL, INC. v. USA

Filed 12/15/2020
REPORTED OPINION denying the government's motion to dismiss and remanding case number 20-598 to the contracting officer for a final decision within sixty days of the date of this decision, by Monday February 15, 2021. Signed by Judge Elaine D. Kaplan. (arlr) Service on parties made.

Keywords: re: Reported Opinion: government contracts; jurisdiction; contracting officer's final decision; technical data package.

19-848 • BROWN et al v. USA

Filed 12/15/2020
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1). The Clerk is directed to enter judgment. Signed by Senior Judge Loren A. Smith. (nec) Service on parties made.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1), Reported Opinion: Taxpayer Signature Requirement; Waiver Doctrine; 26 U.S.C. § 7422; Treas. Reg. §301.6402-2; 26 U.S.C. § 6061; 26 U.S.C. § 6065; Subject Matter Jurisdiction; RCFC 12(b)(1).

20-909 • ADAMS et al v. USA

Filed 12/14/2020
REPORTED ORDER Denying Motion to Dismiss - Rule 12(b)(6). The United States' Answer is due by 12/28/2020. The parties shall submit a Joint Preliminary Status Report by 1/11/2021. Signed by Judge David A. Tapp. (jm) Service on parties made.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(6), Motion to Dismiss; RCFC 12(b)(6); Motion for More Definite Statement; RCFC 12(e); 5 U.S.C. §§ 5545, 5343; hazardous duty pay; environmental differential pay; FLSA; 29 U.S.C. § 207; COVID-19.

14-183 • IDEKER FARMS, INC., et al v. USA

Filed 12/14/2020
REPORTED TRIAL OPINION: Joint Status Report proposing judgment consistent with this opinion due by 1/15/2021. Signed by Senior Judge Nancy B. Firestone. (lb) Service on parties made.

Keywords re Reported Trial Opinion: Taking; Fifth Amendment; Flooding;Arkansas Game & Fish; Flowage Easement; Just Compensation; Before-and-After Valuation; Consequential Damages; Interest Rate

19-129 • ABRANTES et al v. USA

Filed 12/11/2020
REPORTED OPINION denying Motion to Dismiss - Rule 12(b)(1) and (6). On or before 2/12/2021, defendant is directed to FILE an answer or otherwise respond to plaintiffs' complaint; and on or before 2/12/2021, the parties are directed to CONFER and FILE a Joint Status Report informing the court of their positions on the consolidation of this case with any other matters before the court. Signed by Judge Patricia E. Campbell-Smith. (mp) Service on parties made. Modified font of text on 12/13/2020

Keywords re: Reported Order on Motion to Dismiss. Motion to Dismiss; RCFC 12(b)(6); Border Patrol Agent Pay Reform Act, 5 U.S.C. § 5550; Back Pay Act, 5 U.S.C. § 5596; Anti-Deficiency Act (ADA), 31 U.S.C. §§ 1341-42; Government Employees Fair Treatment Act of 2019 (GEFTA); Pub. L. No. 116-1, 133 Stat. 3 (2019).

19-48 • AVALOS et al v. USA

Filed 12/09/2020
REPORTED OPINION denying Motion to Dismiss - Rule 12(b)(6). On or before 2/8/2021, defendant is directed to FILE an answer or otherwise respond to plaintiffs' complaint; and on or before 2/8/2021, the parties are directed to CONFER and FILE a Joint Status Report informing the court of their positions on the consolidation of this case with any other matters before the court. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made.

Keywords: re: Reported Opinion on Dismiss - Rule 12(b)(1) and (6); Fair Labor Standards Act (FLSA), 29 U.S.C. §§ 201-19; Anti-Deficiency Act (ADA), 31 U.S.C. §§ 1341-42; Government Employees Fair Treatment Act of 2019 (GEFTA); Pub. L. No. 116-1, 133 Stat. 3 (2019); 28 U.S.C. § 1500.(TQ)

20-143 • CHEYENNE & ARAPAHO TRIBES v. USA

Filed 12/09/2020
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1) and (6). The Clerk is directed to enter judgment. Signed by Senior Judge Loren A. Smith. (nec) Service on parties made.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1) and (6), Reported Opinion: Native American Treaty; Bad Men Clause; Individual Right; Tribal Right; Prudential Standing; Parens Patriae Doctrine; Motion to Dismiss; Subject Matter Jurisdiction; RCFC 12(b)(1); RCFC 12(b)(6).

19-59 • ARNOLD et al v. USA

Filed 12/09/2020
REPORTED OPINION denying Motion to Dismiss - Rule 12(b)(6). On or before 2/8/2021, defendant is directed to FILE an answer or otherwise respond to plaintiffs' complaint; and on or before 2/8/2021, the parties are directed to CONFER and FILE a Joint Status Report informing the court of their positions on the consolidation of this case with any other matters before the court. Signed by Judge Patricia E. Campbell-Smith.(TQ) Service on parties made.

Keywords: re: Reported Opinion on Motion to Dismiss - Rule 12(b)(6). Motion to Dismiss; RCFC 12(b)(6); Fair Labor Standards Act (FLSA), 29 U.S.C. §§ 201-19; Anti-Deficiency Act (ADA), 31 U.S.C. §§ 1341-42; Government Employees Fair Treatment Act of 2019 (GEFTA); Pub. L. No. 116-1, 133 Stat. 3 (2019). (TQ)

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