USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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04-541 • STOCKTON EAST WATER DISTRICT et al v. USA

Filed 01/27/2015
REPORTED OPINION granting Motion for partial final judgment in the amount of $149,950 The Clerk is directed to enter judgment. Status Report due by 2/27/2015 Signed by Judge Elaine D. Kaplan.

Keywords: re: Order on Motion for Miscellaneous Relief, Reported Opinion RCFC 54(b); 28 U.S.C. § 2517; Partial Final Judgment

14-2 • MILLER v. USA

Filed 01/26/2015
REPORTED OPINION granting in part (as to Counts I, III, IV, V and VI) and denying in part (as to Count II) Motion for Judgment on the Administrative Record; denying [18] Motion to Supplement the Administrative Record. Pursuant to RCFC 52.2(a) and 28 U.S.C. § 1491(a)(2), plaintiffs Military Pay Act claim (as set forth in Count II) and his requests for ancillary relief are hereby REMANDED to the U.S. Secretary of the Army, acting through the Army Board for Correction of Military Records, so that the Board may have an opportunity to revisit and articulate in detail its rationale on the subject matter. Defendant shall FILE a Status Report by 4/27/2015. Agency Decision on remand shall be FILED by defendant with this court by 7/27/2015. Signed by Judge Lynn J. Bush. (TQ) Copy to parties. Modified on 1/26/2015 - corrected deadlines (jt1).

Keywords: re: Order on Motion for Judgment on the Admin. Record, Order on Motion to Supplement the Administrative Record, Reported Opinion. Military Pay; Jurisdiction for Monetary Claim Related to Promotion That Was AllegedlyDelayed Improperly; RCFC 12(b)(6); Remand Preferred to Supplementation of theAdministrative Record. (TQ)

13-881 • TOTAL ENGINEERING, INC. v. USA

Filed 01/26/2015
REPORTED OPINION on MOTION to Dismiss pursuant to Rules 12(b)(1) and (6) filed by USA ( Status Report due by 2/26/2015) denying [16] Motion to Dismiss - Rule 12(b)(1) and (6). Signed by Judge Mary Ellen Coster Williams.

Keywords: re: Subject Matter Jurisdiction; Contract Disputes Act; Government Claim; Deductive Credit; 48 C.F.R. § 2.101; Contracting Officers Final Decision; Failure to State a Claim Upon Which Relief Can Be Granted; Rule 8.

14-20 • GUARDIAN ANGELS MEDICAL SERVICE DOGS, INC., v. USA

Filed 01/22/2015
REPORTED OPINION denying Motion for Reconsideration - Rule 59(a). Signed by Judge Mary Ellen Coster Williams.

Keywords: re: Reconsideration; Contract Disputes Act; 41 U.S.C. § 7104(b)(3); Government Claim; Tolling of Statute of Limitations by Request for Reconsideration.

14-166 • ANCHORAGE, A MUNICIPAL CORPORATION v. USA

Filed 01/22/2015
REPORTED OPINION granting in part and denying in part Motion to Dismiss - Rule 12(b)(1) and (6). The parties shall file a joint status report within 30 days of this opinion.. Signed by Judge Edward J. Damich.

Keywords: re: Motion to Dismiss, Cooperative Agreement

12-42 • ALLEN v. USA

Filed 01/22/2015
REPORTED OPINION granting Motion for [Partial] Summary Judgment. Pursuant to RCFC 54(b), there being no just reason for delay, the Clerk is directed to enter judgment dismissing Count II, the breach of contract claims (in this and consolidated cases). Signed by Judge Marian Blank Horn.

Keywords: re: Pro Se Plaintiffs; Motion for Partial Summary Judgment; Breach of Contract; Contract Interpretation.

14-663 • BROCADE COMMUNICATIONS SYSTEMS, INC. v. USA

Filed 01/21/2015
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1) and (6) The Clerk is directed to enter judgment. Signed by Judge Susan G. Braden.

Keywords: re:Competition in Contracting Act of 1984, 41 U.S.C. § 3301 et seq. (CICA) (2011);Federal Acquisition Regulations (FAR),§ 16.505(a)(4)(i) (Ordering);§ 33.101 (Definitions);Jurisdiction;Motion to Dismiss, Rule 12(b)(1), Rule 12(b)(6);United States Constitution, Art. III, § 2, cl. 1;28 U.S.C. § 171 (Appointment and number of judges; character of court; designation of chief judge).

11-129 • H. J. LYNESS CONSTRUCTION, INC. v. USA

Filed 01/21/2015
REPORTED OPINION denying in part Cross Motion; deferring [25] Motion for Partial Summary Judgment. The parties are directed to file a joint status report within 21 days from the date of this order outlining the next steps in the litigation. Signed by Judge Edward J. Damich. (lp1) Copy to parties.

14-794 • TURPIN v. USA

Filed 01/20/2015
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. Crime Victims' Rights Act; Lack of Subject Matter Jurisdiction; Money-Mandating Source; Pardon or Certificate of Innocence Required to Hear Claims of Unjust Imprisonment.

12-527 • RQ SQUARED, LLC v. USA

Filed 01/14/2015
REPORTED OPINION granting in part and denying in part Motion for Judgment on the Pleadings; deferring ruling on [44] Motion for Summary Judgment. Defendants Corrected Motion for Judgment on the Pleadings is GRANTED in part, as to plaintiffs contention that an implied-in-fact contract to approve RQ2 as a PRS provider was formed between plaintiff and the United States, and DENIED in part, as to plaintiffs contention that an implied-in-fact contract concerning the governments disclosure and use of plaintiffs proprietary information was breached. A ruling on Defendants Motion, in the Alternative, for Summary Judgment in Favor of the Government is DEFERRED pending targeted discovery limited in scope to the relevant factual contentions in the declaration submitted by Ms. Linda Shepherd West of UPS, On or before 2/6/2015, the parties shall FILE a Joint Proposed Limited Discovery Schedule. Signed by Judge Lynn J. Bush.

Keywords: re: Order on Motion for Judgment on the Pleadings, Order on Motion for Summary Judgment, Reported Opinion. Implied-in-Fact Contract Claim; RCFC 12(c); RCFC 56(d). (TQ)

14-389 • BRISBIN v. USA

Filed 01/13/2015
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1). The Clerk is directed to enter judgment. Signed by Senior Judge James F. Merow.

Keywords: re: Contract Disputes Act; Statute of Limitations; Transfer Statute (28 U.S.C. § 1631).

13-54 • W.E. PARTNERS II, LLC v. USA

Filed 01/12/2015
REPORTED OPINION denying Motion for Summary Judgment; granting [28] Cross Motion. The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler.

Keywords: re:American Recovery and Reinvestment Act, Section 1603; Open-Loop Biomass Facility; Reimbursement Grant; Eligible Cost Basis; I.R.C. Sections 45, 48.

14-492 • HARPER INTERNATIONAL CORP. v. USA

Filed 01/12/2015
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1) The Clerk is directed to enter judgment. Signed by Judge Susan G. Braden.

Keywords: re: Motion to Dismiss, RCFC 12(b)(1);26 U.S.C. § 1346 (United States as defendant);26 U.S.C. § 6511 (Limitations on credit or refund);26 U.S.C. § 6532 (Statute of Limitations for tax refund claims);26 U.S.C. § 7422 (Jurisdictional prerequisites for tax refund claims);26 C.F.R. § 301.7502-1 (Timely mailing of documents and payments treated as timely filed and paying).

13-995 • JORDAN v. USA

Filed 01/12/2015
REPORTED OPINION denying Motion to Dismiss; granting in part and denying in part [16] Motion to Amend/Correct. Defendant's motion to dismiss is DENIED, plaintiff's cross-motion for leave to file an amended complaint is GRANTED, plaintiff's cross-motion to compel is DENIED as moot, and plaintiff's motion for sanctions is DENIED. Signed by Judge Charles F. Lettow.

Keywords: re: Order on Motion to Dismiss, Order on Motion to Amend/Correct, Reported Opinion, Claim under the Equal Pay Act, 29 U.S.C.§ 206(d); motion to dismiss pursuant to RCFC 12(c) and 12(h)(2)(B); sufficiencyof factual allegations for purposes of RCFC 8; motion to compel discoveryresponses.

14-712 • BALBACH v. USA

Filed 01/09/2015
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: Rule 83.1(a)(3); Corporation Must be Represented by Counsel; Contract Disputes Act; One Year Statute of Limitations.

13-218 • VELLANTI v. USA

Filed 01/09/2015
REPORTED OPINION denying Defendant's Motion to Dismiss - Rule 12(b)(6); granting [9] Defendant's Motion for Judgment on the Administrative Record; denying [15] Plaintiff's Cross Motion for Judgment on the Administrative Record. The Clerk is directed to enter judgment. Signed by Judge Elaine D. Kaplan.

Keywords: re: Motion to Dismiss; RCFC 12(b)(6); Military Pay Act; 37 U.S.C. § 204; 10 U.S.C. § 12686; AFI 36-2619; AFI 36-2131; Involuntary Retirement

11-84 • LIBERTY AMMUNITION, LLC v. USA

Filed 12/31/2014
REPORTED OPINION AND ORDER, reflecting no redactions from the opinion and order previously entered under seal on December 19, 2014. Signed by Judge Charles F. Lettow.

Keywords: re: Post-trial decision in patent case; U.S. Patent No. 7,748,325 entitled "Firearms Projectile;" patent validity; 35 U.S.C. § 103 (2006); infringement by M855A1 and M80A1 ammunition; "reasonable and entire compensation" for the compulsory, non-exclusive patent license; 28 U.S.C. § 1498(a)

09-283 • BALESTRA et al v. USA

Filed 12/30/2014
REPORTED OPINION - see ORDER granting [89] MOTION to publish. Signed by Judge Victor J. Wolski. Keywords: Summary judgment; FICA taxes, 26 U.S.C. § 3101; nonqualified deferred compensation; special timing rule, 26 U.S.C. § 3121(v)(2); benefits discharged in bankruptcy; 26 C.F.R. § 31.3121(v)(2)-1(a), (c); substantial risk of forfeiture; risk of default; accrual accounting; plain meaning; rationality of present value regulations; Chevron; Dominion Resources.

08-237 • ALABAMA POWER COMPANY et al v. USA

Filed 12/29/2014
REPORTED UNSEALED OPINION. Signed by Senior Judge James F. Merow.

Keywords: re: Reported Opinion -- Spent Nuclear Fuel; Standard Contract Requirements; Breach of Contract Damages; Proof of Causation; Loading Costs; Equipment and Plant Modifications Costs; and Nuclear Regulatory Commission Fees.

12-175 • KING et al v. USA

Filed 12/23/2014
REPORTED OPINION denying Plaintiffs' Motion for Summary Judgment; granting in part and finding in part as moot [97] Defendant's Cross Motion. The Clerk is directed to enter judgment. Signed by Judge Nancy B. Firestone.

Keywords: re: Cross-Motion for Summary Judgment; Fair Labor Standards Act; Learned Professional Exemption; Teacher Exemption; United States Customs and Border Protection; Course Developer/Instructor.

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