USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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14-138 • BEADLES v. USA

Filed 03/18/2014
REPORTED OPINION and ORDER of Dismissal. The Clerk is directed to enter judgment. No costs. Signed by Chief Judge Patricia E. Campbell-Smith.

Keywords: re: Pro Se; Collateral Attack on Criminal Conviction; Sua Sponte Dismissal for Lack of Subject Matter Jurisdiction - RCFC 12(h)(3); Not in Interest of Justice to Transfer under 28 U.S.C. § 1631 re: [4] Reported Opinion and Order. (dls) Modified on 7/21/2014 (jt1).

11-31 • WESTON/BEAN JOINT VENTURE v. USA

Filed 03/14/2014
REPORTED OPINION denying Defendant's Motion for Summary Judgment and denying [60] Plaintiff's Cross Motion for Summary Judgment. Signed by Judge Elaine D. Kaplan.

Keywords: re: RCFC 56(a); Summary Judgment; FAR 52.236-2(a); Differing Site Conditions; Defective Specifications; Maintenance Dredging .

13-844 • ROBERSON v. USA

Filed 03/14/2014
REPORTED OPINION and ORDER GRANTING Motion to Dismiss - Rule 12(b)(1); DENYING AS MOOT [5] Motion for Leave to File and [2] Motion to Appoint Counsel; and GRANTING [3] Motion for Leave to Proceed in forma pauperis, but directing plaintiff to pay the filing fee in full pursuant to 28 U.S.C. § 1915(b). The Clerk is directed to enter judgment. No costs. Signed by Judge Margaret M. Sweeney.

Keywords: re: RCFC 12(b)(1); RCFC 12(b)(6); 17 U.S.C. § 411; Copyright Registration Before Filing Suit Requirement; No Jurisdiction Over Tort Claims; Contract Formation; Pro Se Plaintiff.(dls) Modified on 7/22/2014 (jt1).

08-117 • LOST TREE VILLAGE CORPORATION v. USA

Filed 03/14/2014
REPORTED OPINION and ORDER GRANTING Motion for Judgment on the Record and DENYING [146] Cross Motion. The Clerk is directed to enter judgment under Rule 54(b) for plaintiff in the amount of $4,217,887.93, plus interest on that amount at the ten-year Treasury STRIPS rate from August 2004 to the date the judgment is actually paid. Signed by Judge Charles F. Lettow. (EB) Modified on 3/18/2014 to edit docket text.

Keywords: re:Taking claim arising from a denial by the Corps of Engineers of a wetlands fill permit sought under Section 404 of the Clean Water Act; remand by court of appeals to address economic loss of value to relevant parcel; law-of-the-case doctrine; mandate rule; Lucas analysis; Penn Central analysis; Rule 54(b) judgment re: [153] Reported Opinion

12-683 • MANAGEMENT & TRAINING CORPORATION v. USA

Filed 03/14/2014
REISSUED OPINION--Filed this date. Signed by Judge Lawrence J. Block.

Keywords: re: Opinion: RCFC 12(b)(1); Jurisdiction to review Agency set-aside decision; Pre-award bid protest; Set-asides under the Workforce Investment Act, 29 U.S.C. § 2887(a)(2)(A); "Predicate determination" and the Rule of Two.

12-59 • WOODIES HOLDINGS, L.L.C. v. USA

Filed 03/13/2014
OPINION granting in part and denying in part Motion for Summary Judgment; denying [21] Motion for Summary Judgment; (Joint Status Report due by 3/31/2014). Signed by Senior Judge Eric G. Bruggink.

Keywords: re: Order & Opinion on Motion for Summary Judgment, Contract; negotiation; mutual assent; summary judgment; real estate tax; tax adjustment clause.

09-108 • AMERGEN ENERGY COMPANY, LLC v. USA

Filed 03/13/2014
REPORTED OPINION denying Motion to Maintain Certain Filings Under Seal Pursuant to Protective Order. The Clerk's Office is directed to enter judgment in favor of defendant on Counts I-IV of the complaint, for the reasons stated in the courts opinion and order of September 17, 2013. The Clerks Office is directed to ENTER final judgment on Count V of the complaint, pursuant to the parties settlement and AmerGens Tax Matters Partners stipulation regarding Count V. Each party shall bear its own costs.Unless otherwise directed by the court, the Clerks Office is directed to UNSEAL docket entries 1, 52, 53, 56, 58, 91, 92, and 93 on April 10, 2014. In the event that the parties agree that some exception to the unsealing of the above-listed docket entries is warranted, the parties shall jointly FILE a Notice to that effect on or before April 3, 2014. In addition, on or before April 3, 2014, the parties shall jointly FILE, as separate docket entries, agreed-upon Redacted Versions of any sealed filing(s) that the parties agree should be excepted from the unsealing of the above-listed docket entries. Signed by Judge Lynn J. Bush.

Keywords: re: Order on Motion for Miscellaneous Relief, Reported Opinion. Tax; Sealing of Judicial Records. (TQ)

14-140 • BANNUM, INC. v. USA

Filed 03/12/2014
REPORTED OPINION. The Clerk is directed to enter judgment. Signed by Judge Mary Ellen Coster Williams.

12-20 • NACCHIO et al v. USA

Filed 03/12/2014
REPORTED OPINION denying Motion for Summary Judgment filed by USA; granting in part [22] Cross Motion for Partial Summary Judgment filed by ANNE M. ESKER, JOSEPH P. NACCHIO. Signed by Judge Mary Ellen Coster Williams.

Keywords: re: Order on Motion for Summary Judgment, Order on Cross Motion [Dispositive], Reported Opinion: Income Tax Refund; Forfeited Income; 26 U.S.C. §§ 162, 165, 1341; Deduction of Loss; Business Expense; Nondeductible Fine or Similar Penalty under 26 U.S.C. § 162(f); Claim of Right under 26 U.S.C. § 1341; Issue Preclusion.

11-658 • SKOKOMISH INDIAN TRIBE et al v. USA

Filed 03/11/2014
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1) and (6). The Clerk is directed to enter judgment. Signed by Judge Francis M. Allegra.

Keywords: re: Treaty/takings case; Motion to dismiss for lack of subject matter jurisdiction RCFC 12(b)(1); Transferred case under 28 U.S.C. § 1631; 28 U.S.C. § 1500; Pending County of Cook; Same operative facts; Four Klamath tests applied; Claims dismissed by district court and Ninth Circuit involved substantially the same operative facts as claims before court; Section 1500 applicable; Complaint dismissed.

14-140 • BANNUM, INC. v. USA

Filed 03/11/2014
REPORTED OPINION denying Plaintiff's Motion for Preliminary Injunction. Signed by Judge Mary Ellen Coster Williams.

Keywords: re: Reported Opinion: Post-Award Bid Protest; Temporary Restraining Order; Preliminary Injunction; Likelihood Of Success On The Merits; Standing; Standard of Review; Qualified Pricing; Nonresponsive Offer; Waiver; Agency Protest; Relaxation Of Solicitation Requirement; Material Misrepresentation; Failure To Conduct Discussions.

11-447 • ENERGY NORTHWEST v. USA

Filed 03/11/2014
REPORTED OPINION denying Defendant's Motion for Partial Summary Judgment; granting in part and denying in part [38] Plaintiff's Motion for Partial Summary Judgment. Signed by Judge Elaine D. Kaplan. (cr) Copy to parties. Modified on 3/13/2014 - corrected pdf (jt1).

Keywords: re: Spent nuclear fuel; summary judgment; cask loading costs; Carolina Power & Light Co. v. United States; avoided costs versus incurred costs; NRC fees; Consolidated Edison Co. of New York., Inc. v. United States .

11-869 • CAROLINA POWER & LIGHT COMPANY et al

Filed 03/10/2014
REPORTED OPINION. The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler.

Keywords: re: Reported Opinion, Spent Nuclear Fuel Case; Nuclear Waste Policy Act of 1982; Recovery of Mitigation Damages for DOEs Partial Breach of Contract.

12-780 • KELLOGG BROWN & ROOT SERVICES, INC., v. USA

Filed 03/07/2014
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1). The Clerk is directed to enter judgment. Signed by Judge Lynn J. Bush.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1), Reported Opinion. Contract Dispute; 41 U.S.C. § 7103 (Supp. V 2011); RCFC 12(b)(1); Presentment, Sum Certain and Certification Requirements. (TQ)

13-169 • KELLOGG BROWN & ROOT SERVICES, INC. v. USA

Filed 03/07/2014
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1). The Clerk is directed to enter judgment. Signed by Judge Lynn J. Bush.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1), Reported Opinion. Contract Dispute; 41 U.S.C. § 7103 (Supp. V 2011); RCFC12(b)(1); Sharman Analysis Contracting Officers Authority to Consider Claims Barred by Litigation Pending in This Court; Failure to Present Claim for Sum Certain to Contracting Officer; Failure to Wait Sixty Days before Filing Suit under a Deemed Denial Theory. (TQ)

12-648 • MANUEL v. USA

Filed 03/07/2014
ORDER granting Motion to Dismiss - Rule 12(b)(1); denying [2] Motion for Leave to Proceed in forma pauperis; and directing the Clerk to reject any future complaints filed by this plaintiff without the requisite filing fee. The Clerk is directed to enter judgment. Signed by Judge Marian Blank Horn.

Keywords: re: Pro Se Plaintiff; In Forma Pauperis Application; 28 U.S.C. § 1915; Lack of Subject Matter Jurisdiction re: [6] Order on Motion to Dismiss - Rule 12(b)(1), Order on Motion for Leave to Proceed in forma pauperis.

13-840 • SCHNELL v. USA

Filed 03/05/2014
REPORTED OPINION and ORDER granting Motion to Dismiss - Rule 12(b)(1). The Clerk is directed to enter judgment. Signed by Judge Elaine D. Kaplan.

Keywords: re: Motion to Dismiss for Lack of Subject Matter Jurisdiction; RCFC 12(b)(6); Tucker Act Jurisdiction; 28 U.S.C. § 1491; Statute of Limitations; 28 U.S.C. § 2501; Military discharge. (dls) Modified on 7/22/2014 (jt1).

13-103 • OPTIMIZATION CONSULTING, INC. v. USA

Filed 02/28/2014
REPORTED OPINION with redactions. Signed by Judge Edward J. Damich. (jsb) Copy to parties. Modified on 3/18/2014 - corrected pdf (jt1).

12-920 • MERCIER et al v. USA

Filed 02/27/2014
REPORTED OPINION granting Defendant's Motion to Dismiss - Rule 12(b)(1) and (6). The Clerk is directed to enter judgment. Signed by Judge Elaine D. Kaplan.

11-157 • BAY COUNTY, FLORIDA v. USA

Filed 02/27/2014
REPORTED OPINION addressing applicability of late payment fee and interest. Status Report due by 3/17/2014. Signed by Judge Charles F. Lettow. (zlr)

Keywords: re:Calculation of late payment fees and interest on damages due in a contract case; interest payable under the Prompt Payment Act, 31 U.S.C. § 3902(a); late payment fees applicable in lieu of interest under 5 C.F.R. § 1315.1(c); interest payable under the Contract Disputes Act, 41 U.S.C. § 7109 .

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