USCFC General Jurisdiction-Reported

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14-947 • ABU-SHAWISH v. USA

Filed 05/08/2015
Docketed for Administrative Purposes REPORTED Order granting Motion to Dismiss. The Clerk is directed to enter judgment. Signed by Judge Nancy B. Firestone. (jt1) Copy to parties.

Keywords: re: Motion to Dismiss for Lack of Jurisdiction; Wrongful Conviction; Certificate of Innocence; Compensation for Wrongful Imprisonment.(dls)Keywords: re: [13] Motion to Dismiss for Lack of Jurisdiction; Wrongful Conviction; Certificate of Innocence; Compensation for Wrongful Imprisonment.

15-158 • VISUAL CONNECTIONS, LLC v. USA

Filed 05/07/2015
REPORTED OPINION. Signed by Judge Marian Blank Horn.

Keywords: re: Post-Award Bid Protest; Jurisdiction; Failure to State a Claim; Waiver; Ambiguity.

12-216 • UUSI, LLC et al v. USA

Filed 05/05/2015
REPORTED OPINION. Signed by Judge Mary Ellen Coster Williams. (TF3) Copy to parties.

Keywords: re: Patent Infringement; Laches; Attorney-Client Privilege; At-issue Waiver; Equitable Defense. (TF3)

13-118 • MARTTI v. USA

Filed 05/05/2015
REPORTED OPINION granting in part Motion to Dismiss - Rule 12(b)(1). Joint status report due by 5/26/2015. Signed by Judge Marian Blank Horn.

05-1119 • ST. BERNARD PARISH GOVERNMENT v. USA

Filed 05/01/2015
REPORTED ORDER. Keywords: Temporary Takings Claim; U.S. CONST. amend. V.(Signed by Judge Susan G. Braden. (Attachments: # (1) Exhibit A, # (2) Exhibit B)(ct) Copy to parties. (Main Document 274 replaced on 5/8/2015) (dls). Modified on 5/11/2015 - corrected pdf (jt1).

05-1119 • ST. BERNARD PARISH GOVERNMENT v. USA

Filed 05/01/2015
REPORTED ORDER. Signed by Judge Susan G. Braden. Keywords: re: Federal Rules of Evidence; Rule of the United States Court of Federal Claims (RCFC) 26 (General provisions governing discovery). (Attachments: # (1) Exhibit A, # (2) Exhibit B)

12-488 • MEYER GROUP, LTD. v. USA

Filed 04/30/2015
REPORTED OPINION entering judgment and granting Motion to Strike. The Clerk is directed to enter judgment. Signed by Judge Mary Ellen Coster Williams.

Keywords: re: Contract Disputes Act; Commercial Real Estate Brokerage Agreement; Extension Clause; Real Estate Leases; Federal Rule of Evidence 801(d)(2); Breach of Contract; Damages Equaling Brokerage Commissions On Transactions That Occurred After Brokerage Agreement Was Terminated; Expectation Damages; Market Rate for Real Estate Brokerage Commissions.

14-1218 • EALY v. USA

Filed 04/30/2015
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1) and (6); finding as moot [6] Motion for Summary Judgment; finding as moot [6] Motion for fast track settlement; finding as moot [6] Motion for Oral Argument; finding as moot [7] Motion for ADR referral; finding as moot [8] Motion for Extension of Time and; granting [2] Motion for Leave to Appeal in forma pauperis. The Clerk is directed to enter judgment. Signed by Judge Elaine D. Kaplan. (dw1) Copy to parties.

Keywords: re: Tucker Act; 28 U.S.C. § 1491; Subject Matter Jurisdiction; RCFC 12(b)(1); Fourth Amendment; Fifth Amendment Due Process Clause; Fourteenth Amendment; Federal Tort Claims Act; 28 U.S.C. § § 1346, 2671-80; Contract Disputes Act; 41 U.S.C. § 7104(b)(1); Pendent Jurisdiction.

15-394 • MACLIN v. USA

Filed 04/29/2015
REPORTED OPINION and ORDER granting plaintiff's motion to proceed in forma pauperis (contained within the complaint) and dismissing the complaint without prejudice for lack of jurisdiction. The Clerk is directed to enter judgment. Signed by Judge Elaine D. Kaplan.

Keywords: re: Tucker Act; 28 U.S.C. § 1491; Lack of Subject Matter Jurisdiction; RCFC 12(b)(1); Pro Se Plaintiff; In Forma Pauperis.

11-768 • ACEVEDO et al v. USA

Filed 04/29/2015
CORRECTED REPORTED OPINION and ORDER granting Motion to Dismiss - Rule 12(b)(1); withdrawing [70] Reported Opinion; and vacating judgment dismissing Count II of plaintiffs' third amended complaint without prejudice. Status Report due by 5/29/2015. Signed by Judge Elaine D. Kaplan.

Keywords: Tucker Act; 28 U.S.C. § 1491; Subject Matter Jurisdiction; RCFC 12(b)(1); 5 U.S.C. § 5928; Danger Pay; 5 U.S.C. § 5922. re: Order on Motion to Dismiss - Rule 12(b)(1), Reported Opinion

14-331 • FEDERAL EDUCATION ASSOCIATION, INC. et al v. USA

Filed 04/28/2015
REPORTED OPINION ( Status Report due by 5/8/2015) granting in part and denying in part Motion for Summary Judgment; granting in part and denying in part [13] Motion to Dismiss - Rule 12(b)(6). Signed by Judge Nancy B. Firestone.

Keywords: re: Order on Motion for Summary Judgment, Order on Motion to Dismiss - Rule 12(b)(6), Reported Opinion,,, Pay Freeze Act; Overseas Teachers Pay and Personnel Practices Act; Application of Pay Freeze Act after expiration; Skidmore deference

15-289 • CHARLES F. DAY & ASSOCIATES, LLC. v. USA

Filed 04/24/2015
REPORTED OPINION Signed by Judge Thomas C. Wheeler.

Keywords: re: Bid Protest; CICA Stay Override Challenge; Small Business Set-Aside; Corrective Action; Agency Decision to Award Competitive Bridge Contract; Motion to Dismiss; Mootness

11-153 • CONFIDENTIAL INFORMANT 59-05071 v. USA

Filed 04/22/2015
REDACTED REPORTED OPINION: The Clerk is directed to enter judgment. Status Report due by 5/15/2015. Close of discovery to be completed by 8/7/2015. Signed by Judge Elaine D. Kaplan.

Keywords: re: Discovery; Attorney-Client Privilege; Crime-Fraud Exception; Request for Production; RCFC 26(b)(1); Sanctions; RCFC 37(a)(5)

04-1757 • PARK PROPERTIES ASSOCIATES, L.P., et al v. USA

Filed 04/22/2015
OPINION denying Motion for Attorney Fees. Signed by Judge Francis M. Allegra.

Keywords: Motion for attorneys fees; Equal Access to Justice Act 28 U.S.C. § 2412(d)(1)(A); United States Department of Housing and Urban Development Housing Assistance Payments; Substantially justified; Defendants position was reasonable basis in law and fact; Motion denied.

15-207 • COAST PROFESSIONAL, INC. v. USA

Filed 04/22/2015
OPINION (Redacted) re: [148]**SEALED** OPINION Dismissing Plaintiff's Complaint for Lack of Jurisdiction. Signed by Judge Francis M. Allegra.

Keywords: Contracts; Pre-award bid protest; Jurisdiction 28 U.S.C. § 1491(b)(1); Contract Disputes Act contract administration outside of courts bid protest jurisdiction; Task orders; No limitation regarding competitive range and associated Federal Acquisition Regulation (FAR) concepts; Down-select no winnowing of contractors; No jurisdiction; Case dismissed for lack of jurisdiction.

14-1135 • BEATTY v. USA

Filed 04/22/2015
REPORTED OPINION and ORDER granting Motion to Dismiss - Rule 12(b)(1). The Clerk is directed to enter judgment accordingly. No costs. Signed by Judge Charles F. Lettow.

Keywords: re: Claim for refund of income taxes; suit precluded by action previously filed in Tax Court respecting the same taxes; I.R.C. § 6512(a).

12-468 • BARGSLEY et al v. USA

Filed 04/17/2015
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1), denying as moot [44] Motion to Dismiss - Rule 12(b)(6), and denying as moot [47] Motion for Leave to File a Second Amended Complaint. The Clerk is directed to enter judgment. Signed by Judge Margaret M. Sweeney. (kb1)

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1) and (6), Order on Motion for Leave to File, Reported Opinion; Motion to Dismiss; Jurisdiction; Recoupment of Disability Severance Pay From Veterans Disability Compensation; 10 U.S.C. § 1212(d); Money-Mandating Statute; Veterans Disability Compensation, 38 U.S.C. §§ 1110, 1131, 1161; Claims for Veterans Benefits, 38 U.S.C. § 5101; Review of Veterans Benefits Claims, 38 U.S.C. §§ 511, 7104, 7252, 7292; Comprehensive Scheme of Review; Bormes; Fausto; Vereda, Ltda.; Carlisle

13-149 • MILLER v. USA

Filed 04/17/2015
REPORTED OPINION denying Motion to Dismiss - Rule 12(b)(1) and (6); granting [27] Motion for Judgment on the Administrative Record; denying [30] Cross Motion. The government's motion to dismiss pursuant to RCFC 12(b)(1), or, alternatively, RCFC 12(b)(6) is DENIED. The government's motion for judgment on the administrative record is GRANTED, and plaintiff's cross-motion for judgment on the administrative record is accordingly DENIED. The clerk shall enter judgment in accord with this disposition. Signed by Judge Charles F. Lettow.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1) and (6), Order on Motion for Judgment on the Admin. Record, Order on Cross Motion, Reported Opinion, Suit for military pay and allowances by an ex-Navy Corpsman who was placed on the TDRL, then deemed fit for duty, but then denied reenlistment as unsuitable to serve; application of 10 U.S.C. §§ 1201, 1210, 1211, and 1214a.

07-157 • PACIFIC GAS AND ELECTRIC COMPANY et al v. USA

Filed 04/16/2015
REPORTED ORDER. Signed by Judge Susan G. Braden.

Keywords: re: Jurisdiction; RCFC 1; RCFC 12(b)(1); RCFC 12(h)(3).

12-592 • QUAPAW TRIBE OF OKLAHOMA v. USA

Filed 04/16/2015
REPORTED OPINION denying Motion for Partial Summary Judgment; granting in part and denying in part [66] Cross Motion for Partial Summary Judgment. Signed by Judge Thomas C. Wheeler.

Keywords: re: Indian Tribe Claims for Tribal Trust Fund Mismanagement; Cross-Motions for Partial Summary Judgment; Fiduciary Duties to Indian Tribes; Breach of Trust; 25 U.S.C. § 164.

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