USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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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 .

11-692 • HUNTINGTON PROMOTIONAL & SUPPLY, LLC v. USA

Filed 02/27/2014
REPORTED OPINION ( Status Report due by 3/14/2014) denying in part and converting in part Motion to Dismiss - Rule 12(b)(1). Signed by Chief Judge Patricia E. Campbell-Smith.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1), Reported Opinion Motion to Dismiss for Lack of Jurisdiction, RCFC 12(b)(1); Motion to Dismiss for Failure to State a Claim, RCFC 12(b)(6); Conversion to Motion for Summary Judgment under RCFC 56, RCFC 12(d); Substantive Contract Provisions on which a Party Relies, RCFC 9(k); Equal Access to Justice Act (EAJA); Implied-in-Fact Contract; Authority of Government Official; Ratification

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

Filed 02/26/2014
REPORTED Order granting Motion for Discovery; Status report proposing a discovery schedule due by 3/20/2014.. Signed by Judge Margaret M. Sweeney. (lp1) Copy to parties. Modified on 3/5/2014 - corrected pdf (jt1).

Keywords: re: RCFC 12(b)(1); RCFC 12(b)(6); RCFC 56(d). Modified on 7/22/2014 (jt1).

09-796 • MATA v. USA

Filed 02/26/2014
REPORTED ORDER Denying-in-part and staying-in-part Motion for Summary Judgment; granting-in-part, staying-in-part, and denying-in-part as moot [53] Cross Motion; [50] MOTION for Summary Judgment filed by FLORENTINO L. MATA, [53] CROSS MOTION and RESPONSE filed by USA. Signed by Chief Judge Patricia E. Campbell-Smith.

Keywords: re:Cross-Motions for Summary Judgment, RCFC 56; Breach of Contract; Contract Interpretation; Damages for Breach of Contract; Subject Matter Jurisdiction; Allegations of Fraud and Bad Faith

05-914 • K-CON BUILDING SYSTEMS, INC., v. USA

Filed 02/26/2014
REPORTED OPINION recharacterizing Motion to Dismiss as a Motion for Summary Judgment; granting in part and denying in part [172] Motion for Summary Judgment; and granting [172] Motion to Amend. Amended complaint due by 3/14/2014. Responsive pleading due by 3/28/2014. Response to any counterclaim due by 4/4/2014. Joint status report due by 4/11/2014. Signed by Judge Margaret M. Sweeney. (kb1)

Keywords: re:Posttrial Motions; Recharacterizing an RCFC 12(b)(1) Motion to Dismiss as a Motion for Summary Judgment; Agency's Authority to Terminate a Contract for Default When Its Order Was Placed Under a Federal Supply Schedule Contract; Excusable Delay; Counterclaim for Liquidated Damages; Motion to Amend the Complaint; RCFC 15(b)(2); Implied Consent (kb1) Modified on 7/1/2014 (lld).

11-682 • ENSLEY, INC v. USA

Filed 02/25/2014
REPORTED OPINION granting Motion for Summary Judgment. The Clerk is directed to enter judgment. Signed by Judge Lynn J. Bush.

Keywords: re: Contract; Breach and Setoff; Setoff of Repair Costs against Rent and Tax Payments Owed under Postal Service Lease.

10-156 • MCCLURG FAMILY FARM, LLC. et al v. USA

Filed 02/24/2014
REPORTED OPINION: granting, in part, and denying, in part Motion for Partial Summary Judgment; granting, in part and denying, in part [68] Cross Motion. Joint Status Report due by 3/14/2014.. Signed by Judge Francis M. Allegra.

13-565 • LEWIS v. USA

Filed 02/24/2014
REPORTED OPINION granting Defendant's Motion to Dismiss - Rule 12(b)(6), converted to a Motion for Summary Judgment; denying [30] Plaintiff's Motion for Summary Judgment. The Clerk is directed to enter judgment. Signed by Judge Charles F. Lettow.

13-94 • SMITH v. USA

Filed 02/21/2014
REPORTED OPINION denying Plaintiff's Motion for Summary Judgment on the Administrative Record; granting [22] Defendant's Motion for Judgment on the Administrative Record; granting [23] Plaintiff's Motion to Supplement the Administrative Record. The Clerk is directed to enter judgment. Signed by Chief Judge Patricia E. Campbell-Smith.

Keywords: re: Order on Motion for Judgment on the Administrative Record, Order on Motion to Supplement the Administrative Record, Reported Opinion, Military Pay, National Guard, RCFC 52.1.

13-762 • GREEN v. USA

Filed 02/20/2014
REPORTED Order granting Motion to Dismiss - Rule 12(b)(1) and (6). The Clerk is directed to enter judgment. Signed by Judge Nancy B. Firestone.

13-435 • MONTANO ELECTRICAL CONTRACTOR v. USA

Filed 02/20/2014
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1) and (6). The Clerk is directed to enter judgment. Signed by Judge Charles F. Lettow.

Keywords: re: Contract dispute; claim by subcontractor; privity; Contract Disputes Act; 41 U.S.C. § 7104; Miller Act; 40 U.S.C. § 3133 ; Federal Tort Claims Act; 28 U.S.C. § 1346(b); request to transfer (jb) Modified on 7/15/2014 (jt1).

13-247 • PALAFOX STREET ASSOCIATES, L.P. v. USA

Filed 02/12/2014
REPORTED OPINION on MOTION to Dismiss pursuant to Rules 12(b)(1) and (6) filed by USA granting in part, staying in part, and denying in part [7] Motion to Dismiss - Rule 12(b)(1) and (6). Defendant shall file a supplemental brief on or before February 24, 2014; plaintiff shall respond to defendant's brief on or before March 3, 2014; and defendant may file a reply to plaintiff's response on or before March 7, 2014. Signed by Chief Judge Patricia E. Campbell-Smith.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1) and (6), Reported Opinion: Motion to Dismiss for Lack of Jurisdiction, RCFC 12(b)(1); Motion to Dismiss for Failure to State a Claim, RCFC 12(b)(6); Contract Disputes Act of 1978; Election Doctrine; Judicial Estoppel; Res Judicata

12-8 • G4S TECHNOLOGY LLC v. USA

Filed 02/11/2014
REPORTED OPINION: The government's and [20] Motions to Dismiss are DENIED. The government's [35] Motion for Summary Judgment is GRANTED.The Clerk is directed to enter judgment. Signed by Judge Nancy B. Firestone. (rh) Copy to parties. Modified on 2/24/2014 - corrected pdf (jt1).

Keywords: re: Insolvent prime contractor; incidental or intended third-party beneficiary; subcontractor's right to obtain payment directly from the federal government; summary judgment Reported Opinion on Motion to Dismiss - Rule 12(b)(1) and (6).

11-236 • DEMODULATION, INC. v. USA

Filed 02/10/2014
REPORTED AMENDED OPINION granting Motion to Vacate. Signed by Judge Thomas C. Wheeler. (jc) Copy to parties. Modified on 2/10/2014 - corrected pdf(jt1).

Keywords: re: RCFC 60(b)(6) Motion to Vacate Prior Rulings; Effect of Judges Disqualification Under 28 U.S.C. § 455(a). re: [49] Order on Motion to Vacate, Reported Opinion .

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