USCFC General Jurisdiction-Reported

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18-1847 • TUCKER v. USA

Filed 04/15/2019
REPORTED OPINION granting Defendant's Motion to Dismiss, finding as moot [4] Plaintiff's Motion for Leave to Proceed in forma pauperis. Plaintiff's Complaint is dismissed for failure to state a claim and for lack of subject-matter jurisdiction. The Clerk is directed to enter judgment. Signed by Senior Judge Marian Blank Horn. (rp) Service on parties made. Plaintiff served via certified mail, article number 7018 0040 0001 1393 2355.

Keywords: Pro Se Plaintiff; In Forma Pauperis; Subject-Matter Jurisdiction; Failure to State a Claim; Motion to Dismiss; Fourth Amendment; Sixth Amendment; Civil Rights; Torts; Breach of Contract.

17-287 • TREADWELL CORPORATION v. USA

Filed 04/12/2019
REPORTED MEMORANDUM OPINION AND ORDER. Signed by Judge Lydia Kay Griggsby. (rdb) Service on parties made.

Keywords: Post-Award Bid Protest; Permanent Injunction; RCFC 52.1; RCFC 65; Supplementing The Administrative Record; Delivery Schedule; Motion To Strike, re: Reported Memorandum Opinion and Order.

18-1839 • KUPERSMIT v. USA

Filed 04/11/2019
Re-docketed for publication. REPORTED OPINION: granting Motion to Dismiss - Rule 12(b)(1) and (6) The Clerk is directed to enter judgment. Signed by Chief Judge Margaret M. Sweeney. (ac7) Service on parties made. (Entered: 04/11/2019)

Keywords: Reported Opinion, Pro Se Plaintiff; RCFC 12(b)(1); Subject Matter Jurisdiction.

16-12 • TAYLOR ENERGY COMPANY LLC v. USA

Filed 04/09/2019
REPORTED OPINION granting Motion to Dismiss Under Rule 12(b)(6). Finding as moot [53] Motion for Jurisdictional Discovery; finding as moot [62] Motion to Strike ; finding as moot [65] Motion for Summary Judgment. Signed by Senior Judge Nancy B. Firestone. (gd) Service on parties made.

Keywords: re: Reported Opinion, Dismissal under Rule 12(b)(6) Failure to State a Claim; Outer Continental Shelf Lands Act; Inapplicability of Louisiana Law

14-316 • McCARTY et al v. USA

Filed 04/09/2019
REPORTED OPINION. Signed by Senior Judge Mary Ellen Coster Williams. (TF3) Service on parties made.

Keywords: re: Fifth Amendment Takings; National Trails System Act; 16 U.S.C. § 1247(d); Uniform Relocation Assistance and Real Property Acquisition Policies Act; 42 U.S.C. § 4654(c); Attorneys Fees; Forum Rate; Locality Rate; Rate Adjustment Matrices; U.S. Attorneys Office Matrix; Kavanaugh Matrix; Reasonable Hourly Rate; Block Billing; Vague Billing Entries; Fees on Fees. (TF3)

18-972 • BP EXPLORATION & PRODUCTION INC. v. USA

Filed 04/08/2019
REPORTED OPINION & ORDER: denying motion to dismiss for lack of jurisdiction; granting in part and denying in part [10] motion to dismiss for failure to state a claim upon which relief can be granted. Answer due by 4/24/2019. Signed by Senior Judge Charles F. Lettow.

Keywords: re: Suit for leasehold royalty overpayments and interest; jurisdiction; Federal Oil and Gas Royalty Management Act, 30 U.S.C. §§ 1701-59, as amended by the Federal Oil and Gas Royalty Simplification and Fairness Act; jurisdiction under the Tucker Act for a monetary claim; 28 U.S.C. § 1491(a) not displaced by 30 U.S.C. § 1724(h)(2)(B) for a monetary claim; contractual remedy for refund and interest supplanted by the statutory remedial scheme; takings claim for accrued interest.

16-950 • CB&I AREVA MOX SERVICES, LLC v. USA

Filed 04/08/2019
REPORTED ORDER denying Motion for Protective Order; granting [168] Application for Access to Protected Material. Signed by Judge Thomas C. Wheeler. (ez) Service on parties made.

Keywords: re: Order on Motion for Protective Order, Order on Application for Access to Protected Material, Reported Order Private Law Firm Assisting Federal Agency in Litigation; Protective Order; Contested Applications for Access to Protected Material; 5 U.S.C. § 3106.

18-1715 • URS FEDERAL SERVICES, INC. v. USA

Filed 04/05/2019
PUBLIC OPINION AND ORDER denying Motion for Judgment on the Administrative Record; granting [52] Cross Motion; granting [53] Cross Motion. Signed by Judge Elaine D. Kaplan. (kb) Service on parties made.

Keywords re [66]: Post-Award Bid Protest; 28 U.S.C. § 1491; Judgment on the Administrative Record; NASA; Discussions; Price Reasonableness.

18-1082 • TAYLOR et al v. USA

Filed 04/05/2019
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1) and (6) The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler. (ez) Service on parties made.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1) and (6), Reported Opinion Fifth Amendment Taking; Physical Taking; Regulatory Taking; Ripeness; Motion to Dismiss for Failure to State a Claim; Rule 12(b)(6); Motion to Dismiss for Lack of Subject Matter Jurisdiction; Rule 12(b)(1).

18-178 • BGT HOLDINGS LLC v. USA

Filed 04/05/2019
REPORTED OPINION granting Motion to partial Dismiss - Rule 12(b)(6), Counts I, II & III of plaintiff's amended complaint. Pursuant to RCFC 54(b), there being no just reason for delay, and for the reasons stated in this opinion, the clerks office is directed to ENTER final judgment in favor of defendant, DISMISSING Count's I, II, and III of plaintiff's amended complaint, with prejudice. Defendant shall FILE the government's ANSWER or othewise respond to the remaining counts, Counts IV and V, of plaintiff's amended complaint on or before 5/6/2019. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(6), Reported Opinion. Motion to Dismiss; RCFC 12(b)(6); Equitable Adjustment; Breach of Contract; Breach of Implied Duty of Good Faith and Fair Dealing; 48 C.F.R. § 52.245-1 (2012).(TQ)

18-628 • MCLEOD GROUP, LLC v. USA

Filed 04/04/2019
REPORTED MEMORANDUM OPINION AND ORDER Granting Defendant's Partial Motion to Dismiss; Dismissing Counts I, II, and V of the Complaint. Response to the remaining counts of the Complaint due on or before 5/20/2019. Signed by Judge Lydia Kay Griggsby. (mg) Service on parties made.

Keywords: re: Reported Memorandum Opinion and Order, Contract Disputes Act; Blanket Purchase Agreement; Subject-Matter Jurisdiction; RCFC 12(b)(1); Breach of Contract.

15-1072 • ST. BERNARD PARISH GOVERNMENT v. USA

Filed 04/04/2019
REPORTED OPINION denying Defendant's motion to dismiss. Signed by Senior Judge Marian Blank Horn. (td) Service on parties made.

Keywords: Motion to Dismiss; Breach of Contract; Monetary Damages; Equitable Relief; Indemnification; Standing; Equal Access to Justice Act.

17-1600 • ANSLEY WALK CONDOMINIUM ASSOCIATION, INC. v. USA

Filed 04/02/2019
REPORTED ORDER granting Motion for Partial Summary Judgment; denying [26] Cross Motion. Signed by Senior Judge Loren A. Smith. (mr) Service on parties made.

18-945 • ZACCARI v. USA

Filed 04/02/2019
REPORTED OPINION on defendant's Motion to Dismiss, granting in part, as to Counts II and III, and denying in part, as to Count I. Pursuant to RCFC 54(b), because there is no just reason for delay, the clerk's office is directed to ENTER final judgment DISMISSING Count II and Count III of plaintiff's complaint for lack of subject-matter jurisdiction, without prejudice. On or before 4/26/2019, the parties shall CONFER and FILE a joint status report in this matter. The status report shall include the parties' positions on a stay in this matter pending the outcome of related litigation in the district courts, and an agreed-upon schedule for proposed further proceedings in this matter should the court determine that a stay is not warranted. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made.

Keywords: re: Reported Opinion on Defendant's Motion to Dismiss. Copyright; 28 U.S.C. § 1498(b) (2012); Claim for Infringement of Software Developed Independently of Contract Work for the Government; 28 U.S.C. § 1500 (2012); Whether Two Suits Filed Simultaneously in District Courts Bar Suit in This Court. (TQ)

18-607 • BP AMERICA PRODUCTION COMPANY v. USA

Filed 04/01/2019
REPORTED OPINION AND ORDER granting in part and denying in part MOTION to Dismiss pursuant to Rules 12 (b)(1) and (6) filed by USA. Status Report due by 5/1/2019. Signed by Judge Thomas C. Wheeler. (dh) Service on parties made.

Keywords: Displacing Tucker Act; Specific Remedial Scheme; Waiver of Sovereign Immunity; Exhaustion; Federal Oil and Gas Royalty Management Act of 1982; Royalty Simplification and Fairness Act of 1996; 30 U.S.C. § 1721; 30 U.S.C. § 1724; Statute of Limitations; 28 U.S.C. § 2501; RCFC 9(k); Subject-Matter Jurisdiction; RCFC 12(b)(1); Failure to State a Claim; RCFC 12(b)(6) re: Order on Motion to Dismiss - Rule 12(b)(1) and (6), Reported Opinion.

18-1559 • KSC BOSS ALLIANCE, LLC v. USA

Filed 03/29/2019
PUBLIC OPINION AND ORDER denying Motion for Judgment on the Administrative Record; granting [35] Cross-Motion; granting [36] Cross-Motion. Signed by Judge Elaine D. Kaplan. (kb) Service on parties made.

Keywords re [55]: Pre-Award Bid Protest; 28 U.S.C. § 1491; Exclusion from the Competitive Range; FAR 15.306; Judgment on the Administrative Record; NASA.

16-798 • LABATTE v. USA

Filed 03/29/2019
REPORTED OPINION granting Renewed Motion to Dismiss Count II. Signed by Chief Judge Margaret M. Sweeney. JPSR due 4/30/2019. (pp) Service on parties made.

Keywords -- Keepseagle Litigation; RCFC 12(b)(6); Failure to State a Claim Upon Which Relief Can Be Granted; Contract Interpretation; Contractual Duty; Breach; Remedy.

15-1567 • SWARTZLANDER v. USA

Filed 03/29/2019
REPORTED OPINION granting Motion to Dismiss. Signed by Senior Judge Mary Ellen Coster Williams. (TF3) Service on parties made.

Keywords: re: Fifth Amendment Taking; Statute of Limitations; Accrual of Cause of Action; Erosion; Stabilization Doctrine; Accrual Suspension Doctrine. (TF3)

18-2001 • ESKRIDGE & ASSOCIATES v. USA

Filed 03/27/2019
REPORTED OPINION: Reflecting redactions from the opinion and order previously entered on March 19, 2019. Signed by Senior Judge Charles F. Lettow.

Keywords: re: Reported Opinion: Post-award bid protest; standing; change in terms of solicitation as a result of corrective action; realism analysis of proposed professional compensation rates; FAR § 52.222-46.

18-1483 • XOTECH, LLC v. USA

Filed 03/26/2019
REPORTED ORDER. Reported Opinion of this Court's March 21, 2019 Opinion Granting United States' Cross-Motion for Judgment on the Administrative Record and Denying Plaintiff's Motion for Judgment on the Administrative Record. Signed by Senior Judge Nancy B. Firestone. (gd) Service on parties made.

Keywords: re: Reported Order, Bid Protest; Pre-award Protest; Judgment on the Administrative Record; OHA Appeal; Service-Disabled-Veteran-Owned.

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