USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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08-357 • VERBECK v. USA

Filed 09/11/2014
REPORTED OPINION. Plaintiff's motion for judgment on the administrative record is GRANTED IN PART and DENIED IN PART. The defendant's cross-motion on the administrative record is DENIED IN PART and GRANTED IN PART. Plaintiff's termination by the PHS Commissioned Corps is set aside and her separation on June 1, 2002 is invalidated. She shall be reinstated to duty at the appropriate rank. Taking into account back pay and allowances and appropriate setoffs, plaintiff is awarded $128,773.64, computed through December 31, 2013. The PHS Commissioned Corps shall also provide the plaintiff with commensurate back pay and allowances, consistent with this decision, for the period beginning January 1, 2014 and extending to the date the plaintiff is reinstated to duty. The Clerk is directed to enter judgment. Signed by Judge Charles F. Lettow.

Keywords: re: Reported Opinion, Wrongful termination claim by former Lieutenant Commander in the Public Health Service Commissioned Corps; termination set aside; determination of back pay and allowances due; 37 U.S.C. § 204; reinstatement; final judgment.

11-745 • TRUST TITLE COMPANY v. USA

Filed 09/10/2014
REPORTED OPINION. The court finds that Trust Title was properly terminated for default, but the government is not entitled to excess reprocurement costs. The government is awarded $14,007.65 in liquidated damages for late wire transfers during Trust Title's period of performance. Judgment shall be entered for the government on Trust Title's claim and for the government on part of its counterclaim. The Clerk is directed to enter judgment. No costs. Signed by Judge Charles F. Lettow.

Keywords: re: Reported Opinion, Post-trial decision in contract case; termination for default; reprocurement; liquidated damages

14-429 • BANNUM, INC. v. USA

Filed 09/10/2014
REPORTED OPINION and Order. The Sealed Opinion and Order, filed August 15, 2014, is reissued, as no redactions were proposed by the parties. Signed by Judge Lynn J. Bush.

Keywords: re: Reported Opinion and Order. Pre-Award Bid Protest; Supplementation of the Administrative Record Not Appropriate; Rational Rejection of Protestor's Bid for Failure to Provide Valid Proof of Zoning; No Evidence of Disparate Treatment of Offerors.

14-233 • ARKRAY USA, INC. v. USA

Filed 09/09/2014
REPORTED OPINION: Plaintiff's motion for judgment on the administrative record and for an injunction is GRANTED. Defendant's and Defendant-Intervenor's cross-motions are DENIED. (Opinion originally filed under seal on 8.27.2014) Signed by Judge Nancy B. Firestone.

Keywords: re: Bid Protest; Federal Supply Schedule; FAR 8.4053; Blanket Purchase Agreement; Necessity to hold FSS contract; Balance of Equities Weighs in Favor of Injunction.

09-796 • MATA v. USA

Filed 09/03/2014
REPORTED ORDER transferring this case to the United States District Court for the Western District of Texas upon finding that the court lacks jurisdiction over plaintiff's only surviving breach of contract claim. Signed by Chief Judge Patricia E. Campbell-Smith.

Keywords: re: Motion to Dismiss, RCFC 12(b)(1); Subject Matter Jurisdiction; Settlement Agreement Pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e; Cunningham v. United States, 748 F.3d 1172 (Fed. Cir. 2014); Holmes v. United States, 657 F.3d 1303 (2011); Law-of-the-Case Doctrine; 28 U.S.C. § 1631

13-599 • THRESHOLD TECHNOLOGIES, INC. v. USA

Filed 08/29/2014
REPORTED OPINION granting in part and denying in part Motion to Dismiss. Signed by Judge Marian Blank Horn. (sd) Copy to parties. Modified on 10/6/2014 - corrected pdf(jt1).

13-567 • NEW HAMPSHIRE FLIGHT PROCUREMENT, LLC, v. USA

Filed 08/29/2014
REPORTED OPINION granting Motion to Dismiss. The Clerk is directed to enter judgment. Signed by Judge Marian Blank Horn. (sd) Copy to parties. Modified on 10/6/2014 - corrected pdf (jt1).

14-193 • HICKS v. USA

Filed 08/29/2014
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1) and (6). The Clerk is directed to enter judgment. Signed by Chief Judge Patricia E. Campbell-Smith. (hw1) Copy to parties.

Keywords: re: Pro Se; Rule(b)(1); Lack of Jurisdiction; Rule 12(b)(6); Failure to State a Claim; Tort Claims; Punitive Damages; Informant Reward; Criminal penalties; Impeachment; Fifth & Sixth Amendments; takings: Frivolusness, 28 U.S.C. ss 1915; Interest; Attorneys' Fees; Travel Expenses; Costs

14-20 • GUARDIAN ANGELS MEDICAL SERVICE DOGS, INC., v. USA

Filed 08/29/2014
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1). The Clerk is directed to enter judgment. Signed by Judge Mary Ellen Coster Williams.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1), Reported Opinion: Contracts Disputes Act, 41 U.S.C. § 7104 (b); Government Claim; Failure to Appeal Default Termination Within 12 months.

11-236 • DEMODULATION, INC. v. USA

Filed 08/29/2014
REPORTED OPINION granting Motion for Partial Summary Judgment; granting in part and denying in part [56] Motion to Dismiss - Rule 12(b)(1).The Government shall file an answer by 9/12/2014. Signed by Judge Thomas C. Wheeler.

Keywords: re: Patent Infringement Case; RCFC 12(b)(1) Motion to Dismiss for Lack of Subject Matter Jurisdiction; RCFC 56(a) Motion for Summary Judgment.

13-57 • ENSIGN-BICKFORD AEROSPACE & DEFENSE CO v. USA

Filed 08/28/2014
REPORTED OPINION AND ORDER DENYING MOTION TO DISMISS. Signed by Judge Elaine D. Kaplan.

Keywords: re: Reported Opinion : 28 U.S.C. 1498; RCFC 12(b)(1); 28 U.S.C. 1500; Claim Against the United States or Its Proxy; Pending in Another Court; Cause of Action Alleged; Patent Infringement

14-216 • BAILEY TOOL & MFG. COMPANY v. USA

Filed 08/28/2014
REPORTED OPINION. Signed by Judge Elaine D. Kaplan.

Keywords: re: Reported Opinion : Pre-Award Bid Protest; Motion for Judgment on the Administrative Record; RCFC 52.1; Small Business Administration (SBA); Responsibility; Certificate of Competency (COC); Adequate Financial Resources or Ability to Obtain Them; FAR 9.104-1(a); FAR 9.104-3(a)

09-153 • AMERICAN GOVERNMENT PROPERTIES, ET AL. v. USA

Filed 08/28/2014
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1); finding as moot [51] Motion for Summary Judgment. The Clerk is directed to enter judgment. Signed by Senior Judge Eric G. Bruggink. (jpk1) Copy to parties. Modified on 8/28/2014 - corrected pdf (jt1).

Keywords: re: Contracts; Contracts Act, 41 U.S.C. § 6305, Prohibition of assignment of contracts with the federal government.

13-546 • FRANKEL v. USA

Filed 08/27/2014
REPORTED OPINION granting in part and denying in part Motion to Dismiss - Rule 12(b)(1) and (6). Joint Status Report due by 9/26/2014. Signed by Judge Francis M. Allegra.

Keywords: re: Reported Opinion: Contract case; Breach of contract; Bid protest; Motion to dismiss under RCFC 12(b)(1) and 12(b)(6); Contest; Breach of Contract; Bid Protest -- 1491(b)(2).

13-71 • COASTAL ENVIRONMENTAL GROUP, INC v. USA

Filed 08/25/2014
REPORTED OPINION reissuing for publication Opinion and Order. Signed by Judge Margaret M. Sweeney. (kb1) Keywords: Bid Protest; Motion to Dismiss; Standing; Cross-Motions for Judgment on the Administrative Record; Constructive Cancellation of a Procurement; Rational Basis; Presumption of Good Faith Modified on 8/29/2014 (jt1).

13-71 • COASTAL ENVIRONMENTAL GROUP, INC v. USA

Filed 08/25/2014
REPORTED OPINION reissuing for publication Order. Signed by Judge Margaret M. Sweeney. (kb1) Keywords: Reported Opinion: Bid Protest; Supplemental Administrative Record; RCFC 11(c)(3), Order to Show Cause; RCFC 11(b)(3), Factual Basis for Representations to the Court; RCFC 11(c)(2), Motion for Sanctions; Inherent Power to Sanction; Backdated Document; Affidavit That Conflicts With Other Materials; Sanctions Imposed

14-355 • CGI FEDERAL INC. v. USA

Filed 08/22/2014
REPORTED OPINION. Signed by Judge Mary Ellen Coster Williams.

Keywords: re: Reported Opinion; Pre-award Bid Protest; 28 U.S.C. § 1491(b)(1); Jurisdiction; Standing; Prospective Bidder; Direct Economic Interest In Award; Centers for Medicare and Medicaid Services (CMS); Federal Acquisition Regulation (FAR) Part 12; FAR Subpart 8.4; Federal Acquisition Streamlining Act (FASA); Customary Commercial Practice; Payment Term; Unduly Restrictive of Competition.

13-232 • CAMERON LANNING CORMACK v. USA

Filed 08/21/2014
REPORTED OPINION granting in part and denying in part Motion to Compel. Plaintiff shall produce all communications, regardless of creation date, that relate to the prior-art references addressed in a disclosed document dated September 13, 2004. Plaintiff is not required to produce any documents generated after the filing date of the patent application that do not relate to the issues of date of conception, date of reduction to practice, and due diligence. Signed by Judge Charles F. Lettow.

Keywords: re: Patent case; motion to compel; production of documents claimed to be protected against disclosure by attorney-client privilege. (EB)

12-390 • HILL v. USA

Filed 08/20/2014
REPORTED OPINION granting in part and denying in part Motion for Summary Judgment. The Clerk is directed to enter judgment. Signed by Judge Susan G. Braden. (dw1) Copy to parties.

Keywords: re: 26 U.S.C. § 6402 (reducing overpayments to cover outstanding liabilities); 28 U.S.C. § 1346; 31 U.S.C. § 3343 (check forgery insurance fund); 31 U.S.C. § 3716 (Treasury Offset Program); Pro Se; RCFC 56 (summary judgment).

12-785 • WATSON v. USA

Filed 08/20/2014
REPORTED ORDER granting in part and denying in part Motion for Clarification. Signed by Chief Judge Patricia E. Campbell-Smith.

Keywords: re: Remand to Administrative Body; 28 U.S.C. § 1491(a)(2); RCFC 52.2(a); Clarification of Issued Remand Order

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