USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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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 .

10-448 • B&B MEDICAL SERVICES, INC., v. USA

Filed 02/10/2014
REPORTED Order on MOTION to Dismiss pursuant to Rule 12(b)(1) for mootness filed by USA granting [32] Motion to Dismiss - Rule 12(b)(1). The Clerk is directed to enter judgment. Signed by Judge Victor J. Wolski.

Keywords: re:Pre-award bid protest; RCFC 12(b)(1); lack of subject matter jurisdiction; small business set-aside; 48 C.F.R. § 19.102(f); non-manufacturer rule; VA home healthcare oxygen; NAICS codes; moot due to changes in size standard regulations re: [38] Reported Order on Motion to Dismiss - Rule 12(b)(1).

14-100 • INNOVATIVE MANAGEMENT CONCEPTS, INC. v. USA

Filed 02/06/2014
REPORTED OPINION. Published version of sealed order, Docket No. 10. Signed by Judge Susan G. Braden.

Keywords: re: Best Value Procurement; Standard of Review re: United States Government Accountability Office; RCFC 12(b)(6) (failure to state a claim) Modified on 7/21/2014 (jt1).

98-419 • RESOURCE INVESTMENTS, et al v. USA

Filed 02/05/2014
PUBLISHED OPINION--Filed this date. Signed by Judge Lawrence J. Block.

Keywords: re:Fifth Amendment Takings; 28 U.S.C. § 1500; RCFC 12(b)(1), Subject Matter Jurisdiction re: [239] Reported Opinioin and Order on Motion to Dismiss - Rule 12(b)(1). (dls) Modified on 7/1/2014 (lld).

13-467 • TAYLOR v. USA

Filed 02/04/2014
REPORTED ORDER denying Motion to amend or alter the judgment dated January 7, 2014. Signed by Judge Marian Blank Horn.

Keywords: re: Pro Se Plaintiff; Motion for Reconsideration; Motion to Alter or Amend a Judgment. (dls) Modified on 7/22/2014 (jt1).

13-845 • CLARK v. USA

Filed 02/03/2014
REPORTED OPINION and ORDER granting Motion for Reconsideration - Rule 59(a); RESCINDING the court's direction to transfer the case; DENYING plaintiff's motion to transfer; and dismissing the complaint without prejudice. The Clerk is directed to enter judgment. Signed by Chief Judge Patricia E. Campbell-Smith.

Keywords: re: Pro se Plaintiff; Motion for Reconsideration, RCFC 59(a), RCFC 60; Transfer under 28 U.S.C. § 1631; Meaning of "court" under 28 U.S.C. § 610; Transfer to Tax Court Improper re: [14] Reported Opinion and Order on Motion for Reconsideration - Rule 59(a). (dls) Modified on 7/21/2014 (jt1).

12-860 • STAMMERJOHAN v. USA

Filed 01/31/2014
REPORTED ORDER denying Motion for Relief from Final Judgment. Signed by Judge Marian Blank Horn.

Keywords: re: Pro Se Plaintiff; Motion for Reconsideration; Motion for Relief from Final Judgment; RCFC 60(b). (lld) Modified on 7/10/2014 (jt1).

11-90 • MEIDL v. USA

Filed 01/30/2014
REPORTED OPINION denying Motion for Judgment on the Administrative Record; granting [27] Cross Motion. The Clerk is directed to enter judgment. Signed by Judge Susan G. Braden.

Keywords: re: 10 U.S.C. § 1201 (retirement or separation for physical disability);10 U.S.C. § 1216a(b) (medical conditions considered in disability determinations); 28 U.S.C. § 1491 (Tucker Act Jurisdiction); 32 C.F.R. § 581.3(c)(2)(iii) (ABCMR establishment and functions); Army Regulation 623-3 (evaluation reporting system); Army Regulation 623-105 (officer evaluation reporting system); Army Regulation 635-40 (physical evaluation for separation);Department of Defense Instruction 1332.38 (general criteria for making unfitness determinations); RCFC 52.1 (judgment on the administrativerecord); RCFC 52.2(a) (remand to administrative or executive body or official). (dw1) Modified on 7/1/2014 (lld).

10-733 • AEY,INC. v. USA

Filed 01/30/2014
PUBLISHED OPINION denying Motion to Dismiss - Rule 12(b)(6); denying [16] Motion for Summary Judgment as to Count I; denying [22] Cross-Motion for Summary Judgment as to Count I; granting [44] Motion to Amend Pleadings - Rule 15(b). Signed by Judge Charles F. Lettow.

Keywords: re: Contract case; counterclaims for forfeiture based on fraud and for penalties and damages on the False Claims Act; motion to amend reply to counterclaims; scope of Forfeiture Statute, 28 U.S.C. § 2514; material facts in dispute regarding waiver of Forfeiture Statute.

13-761 • HEBERT v. USA

Filed 01/28/2014
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1) and (6). The Clerk is directed to enter judgment. [This entry was redocketed for administrative purposes] Original entry date was 1/28/14. Signed by Judge Thomas C. Wheeler. (lld) Copy to parties. Modified on 2/11/2014

Keywords: re: Tax Refund Claim; Lack of Subject Matter Jurisdiction; Requirement for Payment of Tax and Filing of Administrative Claim; Failure to Allege a Money-Mandating Source of Law; No Jurisdiction of Claims Sounding in Tort.

05-1054 • K-CON BUILDING SYSTEMS, INC., v. USA

Filed 01/28/2014
REPORTED OPINION granting Motion to Dismiss-Rule 12(b)(1) and granting [76] Motion for Summary Judgment. Finding no just reason for delay, the clerk is directed to enter judgment against plaintiff on plaintiff's claims pursuant to RCFC 54(b). Joint Status Report regarding proceedings on defendant's counterclaim due by 2/28/2014. Signed by Judge Margaret M. Sweeney. (kb1)

Keywords: re:Motion to Dismiss; Motion for Summary Judgment; Contract to Design and Build Prefabricated Building; Contract Disputes Act of 1978; Validity of Contractor's Claim; Notice of Change re: [79] Order on Motion to Dismiss - Rule 12(b)(1), Order on Motion for Summary Judgment, Reported Opinion/Order.

12-508 • HURTADO VARGAS v. USA

Filed 01/27/2014
REPORTED OPINION denying Motion to Dismiss - Rule 12(b)(6). Defendant shall file its answer to Plaintiff's complaint by 2/26/14. Signed by Judge Elaine D. Kaplan.

Keywords: re: Motion to dismiss for failure to state a claim upon which relief can be granted; subject matter jurisdiction; breach of contract; confidentialinformant; RCFC 12(b)(6); 28 U.S.C. § 1491(a)(1). (dw1) Modified on 7/10/2014 (jt1).

13-440 • FELICIANO v. USA

Filed 01/27/2014
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1). The Clerk is directed to enter judgment. Signed by Judge Edward J. Damich.

Keywords: re: Military Back Pay and Disability Benefits Claim; Statute of Limitations; Rejection or Refusal to Hear by PEB; Accrual of Cause of Action. (dw1) Modified on 7/15/2014 (jt1).

11-456 • KAPLAN v. USA

Filed 01/27/2014
REPORTED OPINION and ORDER granting Motion for Reconsideration; denying [49] Motion to Dismiss; vacating [47] Order on Motion to Dismiss - Rule 12(b)(1), Reported Opinion/Order. Signed by Judge Thomas C. Wheeler. (ss) Copy to parties. Modified on 1/31/2014 (lld). (Entered: 01/27/2014)

Keywords: re: Rule 59 Motion for Reconsideration; Subject Matter Jurisdiction over Trust Fund Recovery Penalty (TFRP) Suits; Responsible Person under 26 U.S.C. § 6672; Divisible Tax Exception to Full Payment Rule. (dw1) Modified on 7/10/2014 (jt1).Keywords: re: [59] Rule 59 Motion for Reconsideration; Subject Matter Jurisdiction over Trust Fund Recovery Penalty (TFRP) Suites; Responsible Person under 26 U.S.C. § 6672; Divisible Tax Exception to Full Payment Rule.

13-513 • BAIRD et al v. USA

Filed 01/24/2014
REPORTED OPINION (Answer due by 2/10/2014.) denying Motion to Dismiss - Rule 12(b)(1). Signed by Senior Judge Eric G. Bruggink. (jpk1) Copy to parties.

Keywords: re: Compensation Clause of Article III; damages; statute of limitations;continuing claim doctrine re: [12] Order on Motion to Dismiss - Rule 12(b)(1) Reported Opinion. (dw1) Modified on 7/22/2014 (jt1).

13-607 • HOUSER et al v. USA

Filed 01/24/2014
REPORTED Order granting Motion to Certify Class.Joint Status Report due by 2/14/2014 Signed by Senior Judge Eric G. Bruggink.

Keywords: re: RCFC 23(a); class action; class certification; numerosity; superiority of class action. (dw1) Modified on 7/22/2014 (jt1).Keywords: re: [31] RCFC 23(a); class action; class certification; numerosity; superiority of class action.

13-636 • SENTRILLION CORPORATION v. USA

Filed 01/23/2014
REPORTED OPINION. Signed by Judge Mary Ellen Coster Williams.

Keywords: re: Post-Award Bid Protest; Evidence of Partnership; Partnering Agreement; Unstated Evaluation Factor; Unequal Treatment; Meaningful Discussions; Prejudice. (dw1) Modified on 7/22/2014 (jt1).

11-217 • INNOVATION DEVELOPMENT ENTERPRISES OF AMERICA, INC. v. USA

Filed 01/17/2014
REPORTED OPINION denying Motion for Bid Preparation and Proposal Costs. The Clerks Office shall ENTER final judgment on the claims in the complaint, as set forth in the courts opinion and order of January 29, 2013, as well as for defendant as to plaintiffs request for bid preparation and proposal costs. No costs to either party. Signed by Judge Lynn J. Bush.

Keywords: re: Post-Award Bid Protest; Bid Preparation and Proposal Costs; 28 U.S.C. § 1491(b)(2) (2012); 48 C.F.R. §§ 31.201-3(a), 31.201-4(a); 31.205-18(a), (c) (2012); Whether Bid Preparation and Proposal Costs Can Be Recovered When No Proposal Was Prepared or Submitted. re: [59] Order on Motion for Miscellaneous Relief, Reported Opinion.

11-134 • HEGER v. USA

Filed 01/16/2014
REPORTED OPINION and ORDER granting Motion for Attorney Fees. The Clerk is directed to enter judgment. Signed by Judge Charles F. Lettow.

Keywords: re: Post-judgment request by the government for attomeys' fees and expenses under the Equal Access to Justice Act, 28 U.S.C. § 24l2(b); common law principles applicable to award of attomeys' fees to the govemment; prematue filing of fee application under EAJA; calculation of reasonable fees re: [76] Order on Motion for Attorney Fees, Reported Opinion/Order. (dw1) Modified on 2/4/2014 (lld). Modified on 7/1/2014 (lld).

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