USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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12-651 • RAMONA INVESTMENT GROUP, v. USA

Filed 04/09/2014
REPORTED OPINION denying Motion to Dismiss - Rule 12(b)(1); (Status Report due by 6/9/2014). Signed by Judge Thomas C. Wheeler.

Keywords: re: Motion to Dismiss; RCFC 12(b)(1); Voluntary Dismissal; RCFC 41(a)(1); Section 515 of the Housing Act of 1949; Emergency Low Income Housing Preservation Act of 1987 (ELIHPA); Anticipatory Repudiation; Effect of Dismissal Without Prejudice on Statute of Limitations.

06-919 • WYANDOT NATION OF KANSAS v. USA

Filed 04/08/2014
REPORTED OPINION granting Motion to Dismiss. The Clerk is directed to enter judgment. Signed by Judge Victor J. Wolski.

13-515 • WHR GROUP, INC. v. USA

Filed 04/08/2014
REISSUED OPINION--Filed this date. Signed by Judge Lawrence J. Block.

Keywords: re: Reissued Opinion--Bid protest; Judgment on the administrative record; Standards for corrective action; Injunctive relief; Permanent injunction. (smm) Modified on 7/22/2014 (jt1).

12-384 • KATZIN et al v. USA

Filed 04/08/2014
REPORTED OPINION granting Motion to Amend Pleadings - Rule 15(b). Signed by Judge Charles F. Lettow.

Keywords: re: Order on Motion to Amend Pleadings - Rule 15(b), Reported Opinion - Takings claim; proposed amendment of answer to add the defense of laches; timeliness; futility; assertion of extraordinary circumstances

13-913 • JORDAN POND COMPANY, LLC v. USA

Filed 04/08/2014
REPORTED OPINION. Redacted version of the opinion issued under seal on 3/14/2014.. Signed by Judge Lynn J. Bush.

Keywords: re: Bid Protest; Concession Contract; 28 U.S.C. § 1491(a) (2012); Whether the Terms of a Draft Contract Invalidate the Agencys Evaluation of theAwardees Proposal. (TQ) Modified on 7/21/2014 (jt1).

05-981 • K-CON BUILDING SYSTEMS, INC., v. USA

Filed 04/07/2014
REPORTED OPINION denying Motion for Partial Summary Judgment; denying [133] Cross Motion for Summary Judgment. Joint Status Report due by 4/28/2014. Signed by Judge Margaret M. Sweeney. (kb1)

Keywords: re:Cross-Motions for Summary Judgment; Contract to Design and Build Prefabricated Building; Compulsory Counterclaim; Contract Disputes Act of 1978; Excusable Delay; Critical Path; Changes; Suspension of Work (kb1) Modified on 7/1/2014 (lld).

13-475 • ISHLER v. USA

Filed 04/07/2014
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1) and (6). The Clerk is directed to enter judgment. Signed by Judge Lynn J. Bush.

Keywords: re: Tax; Refund Claim; Full Payment Rule; Requirement of a Timely Administrative Claim, 26 U.S.C. §§ 6511(a), 7422(a) (2012); Jurisdictional Effect of a Previous Tax Court Petition. (TQ) Modified on 7/22/2014 (jt1).

13-964 • OCEAN SHIPS, INC. v. USA

Filed 04/07/2014
PUBLISHED OPINION (Reissuance of Opinion filed under seal on March 26, 2014, for publication). Signed by Judge Nancy B. Firestone.

Keywords: re: Bid protest; best value procurement; deference to technical and past performance evaluation; failure to timely challenge terms of a solicitation. (rh) Modified on 7/21/2014 (jt1).

13-616 • FCN, INC. v. USA

Filed 04/04/2014
REPORTED REDACTED OPINION. Signed by Judge Marian Blank Horn.

Keywords: re: Post-Award Bid Protest; Air National Guard; Mass Notification System; Price Realism; Government-Furnished Property; Injunction. (jm5) Modified on 7/22/2014 (jt1).

13-292 • DIAMOND et al v. USA

Filed 04/04/2014
REPORTED MEMORANDUM OPINION and FINAL ORDER granting Motion to Dismiss - Rule 12(b)(1) and (6). The Clerk is directed to enter judgment. Signed by Judge Susan G. Braden.

07-4262 • CHILDERS et al v. USA

Filed 04/02/2014
REISSUED REPORTED OPINION. The Clerk is directed to enter judgment. Signed by Judge Mary Ellen Coster Williams.

Keywords: re: Reported Opinion Fifth Amendment Taking; Rails-to-Trails, 16 U.S.C. § 1241 et seq.; Just Compensation; Fair Market Value of Property Pre- and Post-Taking; Severance Damages; Conversion Land Damages; Cost to Cure; Buffering; Loss of Access; Unit Rule; Noneconomic Remainder; Highest and Best Use; Private Deed Restrictions; Public Use Restrictions; Zoning; Covenants, Conditions, and Restrictions; Expert Disclosures; Striking Expert Testimony.(td)Keywords: re: [22] Order on Motion for Relief from Judgment - Rule 60 Fifth Amendment Taking; Rails-to-Trails, 16 U.S.C. § 1241 et seq.; RCFC 60(a); Correction of Clerical Mistake.

10-204 • UNIGLOBE GENERAL TRADING & CONTRACTING COMPANY, WLL v. USA

Filed 04/02/2014
REPORTED OPINION (Status Report due by 5/2/2014) granting in part and denying in part Motion to Dismiss - Rule 12(b)(1).. Signed by Judge Lynn J. Bush.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1), Reported Opinion. Contract; Contract Disputes Act, 41 U.S.C. §§ 7101-7109 (Supp. V 2011); One-Year Statute of Limitations for Challenging a Contracting Officers Final Decision, 41 U.S.C. § 7104(b)(3). (TQ)

08-1981 • CALUSA LAKES COMMUNITY ASSOCIATION, INC. et al v. USA

Filed 04/02/2014
REISSUED REPORTED OPINION. The Clerk is directed to enter judgment. Signed by Judge Mary Ellen Coster Williams.

Keywords: re: Reported Opinion Fifth Amendment Taking; Rails-to-Trails, 16 U.S.C. § 1241 et seq.; Just Compensation; Fair Market Value of Property Pre- and Post-Taking; Severance Damages; Conversion Land Damages; Cost to Cure; Buffering; Loss of Access; Unit Rule; Noneconomic Remainder; Highest and Best Use; Private Deed Restrictions; Public Use Restrictions; Zoning; Covenants, Conditions, and Restrictions; Expert Disclosures; Striking Expert Testimony.(td)Keywords: re: [17] Order on Motion for Relief from Judgment - Rule 60 Fifth Amendment Taking; Rails-to-Trails, 16 U.S.C. § 1241 et seq.; RCFC 60(a); Correction of Clerical Mistake

96-166 • ZOLTEK CORPORATION v. USA

Filed 03/31/2014
REPORTED OPINION. The Clerk is directed to enter judgment. Signed by Judge Edward J. Damich.

Keywords: re: Reported Opinion 35 U.S.C. 101, patent eligibility; 35 U.S.C. 103, obviousness; 35 U.S.C. 112, written description.

12-245 • ROLLOCK COMPANY et al v. USA

Filed 03/28/2014
REPORTED OPINION denying Motion to Dismiss - Rule 12(b)(1) - remanding to the National Park Service for six months pursuant to RCFC 52.2(b)(1)(B) and staying the case in the interim - RCFC 52.2(b)(1)(C). Status Report due by 6/26/2014. Signed by Judge Charles F. Lettow.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1), Reported Opinion, Contract dispute; property acquisition and relocation contract entered to support creation of the Flight 93 National Memorial; claims under the Contract Disputes Act, 41 U.S.C. § 7104, and the Uniform Relocation Assistance and Real Property Acquisition Policies Act, 42 U.S.C. § 4622; jurisdiction; exhaustion of administrative remedies; inchoate claims and contracting officers incipient decisions; remand.

13-684 • ALLEN ENGINEERING CONTRACTOR INC., v. USA

Filed 03/27/2014
REPORTED Order granting Defendant's Motion to Dismiss - Rule 12(b)(6) and finding as moot [8] Plaintiff's Motion for Summary Judgment. The Clerk is directed to enter judgment. Signed by Senior Judge James F. Merow. (lae) Copy to partREPORTED Order granting [7] Defendant's Motion to Dismiss - Rule 12(b)(6) and finding as moot [8] Plaintiff's Motion for Summary Judgment. The Clerk is directed to enter judgment. Signed by Senior Judge James F. Merow. (lae) Copy to parties.ies.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(6), Order on Motion for Summary Judgment. Construction Contract; Fraudulent Performance and Payment Bonds; Prior Material Breach; Violation of Regulations; Default Terminations; Equitable Estoppel.

14-80 • DM PETROLEUM OPERATIONS COMPANY v. USA

Filed 03/27/2014
REPORTED ORDER. Signed by Senior Judge Eric G. Bruggink. (jpk1) Copy to parties.

Keywords: re: Bid Protest; Best Value Tradeoff; Strategic Petroleum Reserve; Agency Discretion; Reasonableness.

13-50 • FROST v. USA

Filed 03/25/2014
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1). The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1), Reported Opinion: Motion to Dismiss; Subject Matter Jurisdiction; RCFC 12(b)(1); Fair Labor Standards Act (FLSA); Applicability of FLSA to Judicial Branch Employees; U.S. Probation Officer Fails to Qualify as Employee Under FLSA

11-869 • CAROLINA POWER & LIGHT COMPANY et al

Filed 03/21/2014
REPORTED Order granting Motion to Alter Judgment. The Clerk is directed to enter amended judgment. Signed by Judge Thomas C. Wheeler.

13-982 • CMI MANAGEMENT, INC v. USA

Filed 03/20/2014
REPORTED OPINION. Signed by Chief Judge Patricia E. Campbell-Smith.

Keywords: re: Reported Opinion, [18] Order on Motion for Permanent Injunction, Order on Motion for Judgment on the Admin. Record,, Sealed Opinion/Order,,,, Pre-Award Bid Protest; Cross-Motions for Judgment on the Administrative Record; Challenge to Offerors Exclusion from the Competitive Range; Challenge to Technical Evaluation Committee Findings and Business Evaluation Committee Findings; Disparate Treatment

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