USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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13-834 • MARTIN et al v. USA

Filed 07/31/2014
REPORTED OPINION granting in part and denying in part Motion to Dismiss - Rule 12(b)(6). Signed by Chief Judge Patricia E. Campbell-Smith.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(6), Reported Opinion Motion to Dismiss for Failure to State a Claim, RCFC 12(b)(6); Fair Labor Standards Act, 29 U.S.C. §§ 201 to 219; Violation of On Time Payment Requirement; FLSA Workweek Standard; FLSA Exempt Employees

14-229 • HARRIS v. USA

Filed 07/30/2014
REPORTED MEMORANDUM OPINION and FINAL ORDER granting Motion for Summary Dismissal. The Clerk is directed to enter judgment. Signed by Judge Susan G. Braden.

Keywords: re: Jurisdiction; Motion to Dismiss, RCFC 12(b)(1); Pro Se; 28 U.S.C. § 2501.

12-861 • CORNISH v. USA

Filed 07/30/2014
REPORTED ORDER denying Motion for Attorney Fees. Signed by Senior Judge Eric G. Bruggink. (jpk1) Copy to parties.

11-466 • WAGSTAFF v. USA

Filed 07/30/2014
REPORTED MEMORANDUM OPINION and ORDER denying and [48] Motions for Relief from Judgment. Signed by Judge Susan G. Braden.

Keywords: re: Fed. R. App. 4(a)(1)(B) (Notice of Appeal); Motion for Relief From a Final Order; Pro Se; RCFC 59 (New Trial, Reconsideration, Altering or Amending a Judgment); RCFC 60 (Relief from a Judgment or Order).

13-365 • UNITED STATES ENRICHMENT CORPORATION v. USA

Filed 07/28/2014
REPORTED ORDER granting Government's Partial Motion to Dismiss. Joint status report due by 8/7/2014. Signed by Judge Nancy B. Firestone.

Keywords: re: Motion to Dismiss for Lack of Subject Matter Jurisdiction; Contract Disputes Act, 41 U.S.C. § 7103; No Standing Claims Arising from Subcontracts.

07-4262 • CHILDERS et al v. USA

Filed 07/28/2014
REPORTED OPINION/ORDER denying Motion for Reconsideration. Signed by Judge Mary Ellen Coster Williams.

Keywords: re: Order on Motion for Reconsideration; Reported Opinion; Rule 59(a)(1); Fifth Amendment Taking; National Trails System Act, 16 U.S.C. § 1241 et seq.; Severance Damages; Loss of Access; Sufficient Support for Expert Opinion; Proper Scope of Expert Opinion; Fed. R. Evid. 702; Post-Trial Admission of Deposition; Fed. R. Civ. P. 32.

13-291 • HYMAS v. USA

Filed 07/25/2014
REPORTED OPINION granting in part and denying in part Motion for Judgment on the Administrative Record; denying [30] Motion to Dismiss - Rule 12(b)(1); denying [30] Motion for Judgment on the Administrative Record. The Clerk is directed to enter judgment. Signed by Judge Susan G. Braden.

Keywords: re: Administrative Procedure Act, 5 U.S.C. §§ 70106 et seq.; Competition in Contracting Act,41 U.S.C. § 3301 et seq.;Cooperative Farming Agreements; Cooperative Land Management,50 C.F.R. § 29.2 (1960); Exec. Order. No. 12,996 (61 FED. REG. 13,647 (Mar. 25, 1996));Federal Grant and Cooperative Agreement Act, Pub. L. No. 95-224, 92 Stat. 3 (1978), codified, as amended, 31 U.S.C. §§ 630108;Fish and Wildlife Act, Pub. L. No. 84-1024, 70 Stat. 1120 (1956);Fish and Wildlife Coordination Act, Pub. L. No. 73-121, 48 Stat. 401 (1934), codified, as amended, at 16 U.S.C. §§ 661667e;Fish and Wildlife Coordination Act, Pub. L. No. 85-624, 72 Stat. 563 (1958), codified at 16 U.S.C. § 661;Judgment on the Administrative Record;Jurisdiction;National Wildlife Refuge System Administration Act, Pub. L. No. 89-669, 80 Stat. 927 (1966), codified, as amended, at 16 U.S.C. § 668dd;National Wildlife Refuge System definitions (50 C.F.R. § 25.12 (1960));National Wildlife Refuge System Improvement Act, Pub. L. No. 105-57, 111 Stat. 1252 (1997);National Wildlife Refuge System Volunteer and Community Partnership Enhancement Act, Pub. L. No. 105-242, 112 Stat. 1574 (1998), codified, as amended, at 16 U.S.C. §§ 742a, 742f; National Wildlife Refuge Volunteer Act, Pub. L. No. 108-327, 118 Stat. 1271 (2004);Public Law No. 79-732, 60 Stat. 1080 (1946);Public Law No. 80-537, 62 Stat. 240 (1948);RCFC 37(c) (Failure to Disclose, to Supplement an Earlier Response).

10-588 • DELAWARE CORNERSTONE BUILDERS INC v. USA

Filed 07/24/2014
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; Subject Matter Jurisdiction; Contract Disputes Act, 41 U.S.C. §§ 7101-09; 48 C.F.R. § 2.101 Claim; Contracting Officers Final Decision; Failure to Appoint a Replacement Contracting Officer.

13-378 • BCPEABODY CONSTRUCTION SERVICES, INC. v. USA

Filed 07/23/2014
REPORTED OPINION granting in part and denying in part Motion for Attorney Fees; granting in part and denying in part [72] Motion for Bill of Costs. BCPeabody is awarded $30,990.56 in attorneys' fees and expenses pursuant to the Equal Access to Justice Act. BCPeabody is also awarded $400.00 in costs pursuant to RCFC 54(d). The Clerk is directed to enter judgment. Signed by Judge Charles F. Lettow.

Keywords: re: Application by a prevailing plaintiff for an award of attorneys' fees and expenses pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412; no substantial justification for the government's position; hourly rates; expenses; bond premiums as expenses. (EB)

13-511 • WHITFIELD v. USA

Filed 07/23/2014
REPORTED OPINION denying Motion for Subpoena Duces Tecum and; granting [28] Motion for Extension of Time to File Response re [25] MOTION for Summary Judgment. Plaintiffs Response to Motion for Summary Judgment due by 10/3/2014. Signed by Judge Susan G. Braden. (dw1) Copy to parties.

Keywords: re: Pro Se; Subpoena Duces Tecum; RCFC 56(d) (when discovery is required to defeat a motion for summary judgment).

14-346 • SCIENCE AND MANAGEMENT RESOURCES, INC. v. USA

Filed 07/21/2014
REDACTED REPORTED OPINION denying Government's Motion to Dismiss; granting Government's Cross-Motion for Judgment on the Administrative Record; Denying Plaintiff's Motion for Judgment on the Administrative Record. Signed by Judge Elaine D. Kaplan.

Keywords: re: Post-award Bid Protest; Best-Value Negotiated Procurement conducted under FAR Part 15; FAR 15.305; FAR 15.308 Motion to Dismiss; RCFC 12(b)(1); Standing; Tradeoff

13-232 • CAMERON LANNING CORMACK v. USA

Filed 07/18/2014
REPORTED OPINION granting Defendant-Intervenor's Motion for Leave to File Sur-Reply; granting [48] Defendant-Intervenor's Motion to Strike Plaintiff's Response to Motion for Leave to File Sur-Reply; granting in part and denying in part [37] Motion to Compel Discovery Responses from Defendant-Intervenor. Signed by Judge Charles F. Lettow.

Keywords: re: Order on Motion for Leave to File, Order on Motion to Strike, Order on Motion to Compel, Reported Opinion. Patent case; discovery dispute; attorney-client privilege; work-product protection; claw-back request; RCFC 26(b)(5)(B); Fed. R. Evid. 502(b); compelled production of documents from an affiliated nonparty foreign corporate entity that joined with the party in development of the allegedly infringing product; discovery related to nonaccused products

10-769 • SPA SYSPATRONIC AG v. USA

Filed 07/18/2014
REPORTED ORDER granting in part and denying in part Motion for Summary Judgment. Signed by Senior Judge Eric G. Bruggink. (jpk1) Copy to parties.

Keywords: re: Order on Motion for Summary Judgment, Reported Order.Patents; Means-plus-function limitations; 35 U.S.C. § 112; Indefiniteness.

14-589 • ORBIS SIBRO, INC. v. USA

Filed 07/18/2014
REPORTED OPINION. Signed by Judge Marian Blank Horn.

Keywords: re: Bid Protest; Jurisdiction; Task Orders, Federal Acquisition Streamlining Act, 10 U.S.C. § 2304c(e). (ajh) Modified on 7/21/2014 (jt1).

13-465 • FAIRHOLME FUNDS, INC. et al v. USA

Filed 07/16/2014
REPORTED ORDER granting in part and denying in part defendant's motion for a protective order. Signed by Judge Margaret M. Sweeney.

12-121 • FREE-PACHECO v. USA

Filed 07/16/2014
REPORTED OPINION. Signed by Judge Marian Blank Horn.

Keywords: re: Federal Tax Deductions; Foreign Nonresident; 26 U.S.C. § 871; Trade or Business; 26 C.F.R. § 1.183-2; Continuity and Regularity; Expectation of Profit; Gambling; Slot Machines.

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

Filed 07/16/2014
REPORTED ORDER granting Motion to Stay and for Discovery pursuant to Rule 56(d). Signed by Judge Thomas C. Wheeler.

Keywords: re: Order on Motion to Stay, Reported Order: Tax Case; Treasury Cash Grant; Rule 56(d) Request for Discovery; When to Allow Discovery and Stay Motion for Summary Judgment; Theisen Vending Test; Sale-leaseback Agreement.

12-389 • SYSTEM FUELS, INC. and ENTERGY ARKANSAS, INC. v. USA

Filed 07/15/2014
REPORTED OPINION denying Motion to Strike Plaintiffs' Unauthorized Rebuttal Expert Report. Signed by Judge Charles F. Lettow. (jt1) Copy to parties.

Keywords: re: Time for filing expert rebuttal reports where a scheduling order issued by the court does not specify a time; RCFC 26(a)(2)(D)(ii); exercise of judicial discretion.

14-202 • RUSH CONSTRUCTION, INC v. USA

Filed 07/15/2014
REPORTED OPINION (public version of sealed Opinion issued June 30, 2014). Signed by Chief Judge Patricia E. Campbell-Smith.

Keywords: re: Reported Opinion: Post-Award Bid Protest; Cross-Motions for Judgment on the Administrative Record; Whether the GAO Decision was Rational.

11-187 • JMR CONSTRUCTION CORP. v. USA

Filed 07/14/2014
REPORTED OPINION granting in part and denying in part Motion for Partial Summary Judgment. Signed by Judge Lawrence J. Block.

Keywords: re: Eichleay damages; Field overhead damages; Home office overhead damages; Contract Disputes Act; Summary judgment.

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