USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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14-210 • BUSINESS INTEGRA, INC. v. USA

Filed 06/04/2014
PUBLISHED OPINION. Opinion originally filed under seal on May 29, 2014. Signed by Judge Charles F. Lettow.

Keywords: re: Post-award bid protest; best-value negotiated procurement conducted under FAR Part 15; discretion to seek clarification of pricing omissions in offers; FAR § 15.306(a) (zlr) Modified on 7/21/2014 (jt1).

13-718 • COLEMAN v. USA

Filed 06/03/2014
REPORTED Order granting Motion to Dismiss - Rule 12(b)(1); denying [2] Motion for Leave to Proceed in forma pauperis; and directing the Clerk of Court to enter judgment and reject any future complaints filed by this plaintiff without the requisite filing fee. Signed by Judge Marian Blank Horn.

13-590 • PUCCIARIELLO v. USA

Filed 06/02/2014
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1) and (6). The Clerks Office is directed to ENTER final judgment in favor ofdefendant, DISMISSING the complaint without prejudice. Signed by Judge Lynn J. Bush.

14-261 • LABORATORY CORPORATION OF AMERICA HOLDINGS v. USA

Filed 06/02/2014
REPORTED OPINION granting in part and denying in part Motion to Strike ; granting in part and denying in part [34] Motion to Supplement the Administrative Record. Signed by Judge Thomas C. Wheeler.

13-834 • MARTIN et al v. USA

Filed 06/02/2014
REPORTED ORDER granting Motion for Leave to File Second Amended Complaint. Signed by Chief Judge Patricia E. Campbell-Smith.

Keywords: re: RCFC 15(a)(2), Amendment of Pleadings when justice so requires" (svw) Modified on 7/22/2014 (jt1).

06-827 • PROCHAZKA v. USA

Filed 05/30/2014
REPORTED OPINION granting Motion for Attorney Fees. The Clerk is directed to enter judgment. Signed by Judge Susan G. Braden.

Keywords: re:Attorney Fees, Expenses, and Costs; Back Pay, Under the Military Pay Act, 37 U.S.C. § 204; Correction of Military Records; Equal Access to Justice Act, 28 U.S.C. § 2412. re: [138] Order on Motion for Attorney Fees, Reported Opinion

10-878 • COMMUNICATION CONSTRUCTION SERVICES, INC v. USA

Filed 05/30/2014
REPORTED OPINION (Reissuance of Opinion filed under seal on April 30, 2014 for publication). Signed by Judge Mary Ellen Coster Williams. (td) Copy to parties. Modified on 5/30/2014 to indicate that this is a reissued opinion.

Keywords: re: Reported Opinion: Post-award Bid Protest; 28 U.S.C. § 1491(a)(1) Jurisdiction; Nonappropriated Fund Instrumentality (NAFI); Army and Air Force Exchange Service Procurement; Blue & Gold Waiver; Supplementation of Administrative Record; Breach of Implied Duty of Fair Dealing; 10 U.S.C. § 2492a; Organizational Conflict of Interest; Responsibility Determination; Technical Evaluation; Fee Evaluation; Appearance of Impropriety; Indebtedness of Awardee.

02-1078 • BAILEY v. USA

Filed 05/29/2014
REPORTED OPINION ( Status Report due by 6/12/2014) denying Motion for Summary Judgment; denying [123] Motion for Reconsideration. Signed by Judge Victor J. Wolski.

Keywords: re: Order on Motion for Summary Judgment, Order on Motion for Reconsideration, Reported Opinion Fifth Amendment; regulatory takings; summary judgment; Section 404 of the Clean Water Act; 33 U.S.C. § 1341; Minnesota Pollution Control Agency;background principles of state law; motion for reconsideration; standing of subsequent acquirer.

10-757 • GADSDEN INDUSTRIAL PARK, LLC v. USA

Filed 05/29/2014
REPORTED ORDER denying MOTION to Strike or MOTION to Stay Further Action on Information Request Letter. Signed by Judge Margaret M. Sweeney. (kb1)

Keywords: re:Motion to Strike or Stay Action on EPA Information Request Letter; CERCLA; APA; Exclusive Jurisdiction in Federal District Courts .

14-301 • FIRSTLINE TRANSPORTATION SECURITY, INC. v. USA

Filed 05/29/2014
Docketed for Administrative Purposes - REPORTED OPINION denying 37 and 41 Motions to Strike; denying 41 Motion for Reconsideration. Signed by Judge Thomas C. Wheeler. (jt1) Copy to parties.

Keywords: re: Bid Protest; Supplementing the Administrative Record; Courts Consideration of Expert Witnesss Declaration; Federal Rule of Evidence 702. (jt1) Modified on 7/11/2014 (jt1).

05-965 • CEBE FARMS, INC., et al v. USA

Filed 05/28/2014
DOCKETED FOR ADMINISTRATIVE PURPOSES: PUBLISHED OPINION AND ORDER denying 58 and 72 defendant's motions for summary judgment, and denying 79 plaintiffs' cross-motion for summary judgment. The parties shall file by no later than Friday, June 27, 2014 a joint status report setting forth their proposed schedule for further proceedings. Signed by Judge Margaret M. Sweeney. (ta) Copy to parties. (Entered: 05/28/2014)(ac7) Copy to parties.

Keywords: re:Motion for Summary Judgment; Cross-Motions for Summary Judgment; RCFC 56(c); Genuine Issues of Material Fact Modified on 7/1/2014 (lld).

13-457 • BARRY et al v. USA

Filed 05/28/2014
REPORTED OPINION granting Motion to Certify Class (Collective Action). Signed by Judge Elaine D. Kaplan. (Attachments: # (1) Exhibit)

Keywords: re: FLSA; 29 U.S.C. § 216(b); Collective Action; Conditional Certification; Class Definition; Class Notice; Statute of Limitations (jh) Modified on 7/15/2014 (jt1).

10-638 • GRIFFIN & GRIFFIN EXPLORATION, LLC et al v. USA

Filed 05/27/2014
REPORTED OPINION granting in part and denying in part Motion for Summary Judgment; granting in part and denying in part [39] Cross Motion and Response. (Status Report due by 6/27/2014). Signed by Judge Elaine D. Kaplan.

Keywords: re:Subject Matter Jurisdiction; 28 U.S.C. 1491(a)(1); Motion to Dismiss; RCFC 12(b)(1); Failure to state a claim; RCFC 12(b)(6); Breach of Contract; Federal Oil and Gas Lease; RCFC 56; Summary Judgment; Interior Board of Land Appeals (IBLA); Bureau of Land Management (BLM); Lease Cancellation; 43 C.F.R. 3.108.3(d); Expectation Damages; Reliance Damages; Restitution Damages.(ca) Modified on 7/1/2014 (lld).

13-500 • HANOVER INSURANCE COMPANY (THE) v. USA

Filed 05/27/2014
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1). Signed by Judge Margaret M. Sweeney. (kb1)

Keywords: re: Partial Motion to Dismiss; RCFC 12(b)(1); Jurisdiction; Contract Disputes Act of 1978; Default Termination; Valid Claim for Termination for Convenience Costs. Modified on 7/22/2014 (jt1).

10-263 • WILLIAMS v. USA

Filed 05/23/2014
REPORTED OPINION (Status Report due by 7/22/2014, Status Report due by 9/22/2014) denying Motion for Judgment on the Administrative Record; granting in part and denying in part [14] Motion for Judgment on the Administrative Record. Signed by Judge Victor J. Wolski.

Keywords: re: Order on Motion for Judgment on the Admin. Record, Reported Opinion: Board for Correction of Naval Records; separation from service; Board ofInquiry; deference to interpretation of military regulations; judgment on administrative record, RCFC 52.1; inadequate explanation by correction board; remand, RCFC 52.2.

14-18 • AM GENERAL, LLC v. USA

Filed 05/22/2014
REPORTED OPINION (public version of sealed Opinion issued April 7, 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; Best Value Tradeoff Analysis; FAR 15.101-1; FAR 15.308

09-103 • HAGGART et al v. USA

Filed 05/21/2014
REPORTED OPINION granting Joint Motion for Approval of Settlement; granting in part and denying in part [162] and [163] Plaintiffs' Motion and Amended Motion for Court Approval of Fees and Proposed Division of the Common Fund. The Clerk is directed to enter judgment in favor of the class for $137,961,218.69 in principal and interest, subject to adjustment if payment is not made on May 31, 2014, plus $1,920,000.00 in attorneys' fees and $660,000.00 in costs and expenses (both pursuant to the Uniform Relocation Act), for a total of $140,541,218.69. Class counsel is awarded $35,752,243.74, consisting of: $33,172,243.74 in attorneys' fees from the common fund, $1,920,000.00 in attorneys' fees under the Uniform Relocation Act as agreed-upon in the settlement, and $660,000.00 in litigation costs and expenses under the Uniform Relocation Act as agreed-upon in the settlement. Signed by Judge Charles F. Lettow.

Keywords: re: Rails-to-trails case; takings; class action with more than 500 opt-in plaintiffs; settlement; fairness of settlement; common-fund approach to award of attorneys' fees to class counsel. (EB) Modified on 7/10/2014 (jt1).

13-464 • FILLER v. USA

Filed 05/16/2014
REPORTED OPINION and ORDER granting Motion to Dismiss pursuant to Rule 12(b)(6). The Clerk is directed to enter judgment. Signed by Judge Elaine D. Kaplan.

Keywords: re: Pro Se Plaintiffs; Motion to Dismiss for Lack of Subject Matter Jurisdiction; RCFC 12(b)(1); Motion to Dismiss for Failure to State a Claim upon Which Relief Can Be Granted; RCFC 12(b)(6); Taking of Property Without Just Compensation; Medical License. (dls) Modified on 7/22/2014 (jt1).

14-390 • SEALS-BEY v. USA

Filed 05/16/2014
REPORTED OPINION and ORDER granting Motion for Leave to Proceed in forma pauperis and dismissing plaintiff's complaint for lack of jurisdiction. The Clerk is directed to enter judgment. Signed by Judge Margaret M. Sweeney.

Keywords: re: Pro Se Plaintiff; Dismissal for Lack of Jurisdiction; Application to Proceed In Forma Pauperis re: [4] Reported Opinion and Order. (dls) Modified on 7/11/2014 (jt1).

04-1365 • CHEVRON U.S.A. INC. v. USA

Filed 05/16/2014
REPORTED OPINION. The Clerk is directed to enter judgment. Signed by Judge Susan G. Braden.

Keywords: re:Reliance Damages;Sanctions for Bad Faith Conduct Relating to Privilege Assertions During Discovery. Modified on 7/1/2014 (lld).

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