USCFC General Jurisdiction-Reported

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14-864 • IBM CORPORATION v. USA

Filed 11/25/2014
REPORTED ORDER & OPINION [Redacted] denying Motion for Preliminary Injunction; denying [28] Motion to Complete and Supplement the Administrative Record and for Leave to Take Related Discovery. Signed by Judge Elaine D. Kaplan.

Keywords: re: Post-Award Bid Protest; Motion for Judgment on the Administrative Record; Failure to Conform to Material Requirements of the Solicitation; FAR Part 8 Versus FAR Part 15; FAR 1.102-2; Fair and Impartial Treatment; Organizational Conflict of Interest (cr)Keywords: re: [61] Post-Award Bid Protest; Preliminary Injunction; Irreparable Harm; Balance of Hardships; Supplementing the Administrative Record

14-864 • IBM CORPORATION v. USA

Filed 11/25/2014
REPORTED ORDER AND OPINION. Signed by Judge Elaine D. Kaplan.

Keywords: re: Post-Award Bid Protest; Motion for Judgment on the Administrative Record; Failure to Conform to Material Requirements of the Solicitation; FAR Part 8 Versus FAR Part 15; FAR 1.102-2; Fair and Impartial Treatment; Organizational Conflict of Interest (cr)Keywords: re: [61] Post-Award Bid Protest; Preliminary Injunction; Irreparable Harm; Balance of Hardships; Supplementing the Administrative Record

11-723 • KLINGENSCHMITT v. USA

Filed 11/24/2014
REPORTED OPINION granting in part and denying in part Motion to Dismiss - Rule 12(b)(1); denying [12] Motion to Dismiss - Rule 12(b)(6); granting [12] Motion for Judgment on the Administrative Record; and denying [18] Cross Motion for Judgment on the Administrative Record. The Clerk is directed to enter judgment. Signed by Judge Elaine D. Kaplan. (cr) Copy to parties. (Main Document 51 replaced on 11/24/2014) (dw1). Modified on 1/23/2015 - corrected pdf(jt1).

Keywords: re: Tucker Act; 28 U.S.C. § 1491; Military Pay Act; 37 U.S.C. § 204; Military Whistleblower Protection Act; 10 U.S.C. § 1034; First Amendment; Motion to Dismiss; Subject Matter Jurisdiction; RCFC 12(b)(1); Failure to State a Claim; RCFC 12(b)6); RCFC 52.1; Board of Corrections of Naval Records; Special Courts-Martial Conviction; Navy Chaplain; Religious Discrimination; Waiver of Claims

14-376 • PIONEER RESERVE, LLC v. USA

Filed 11/21/2014
REPORTED OPINION denying Motion to Dismiss - Rule 12(b)(1); granting [12] Motion for Extension of Time to Answer,Answer due by 12/19/2014. Signed by Senior Judge Eric G. Bruggink.

Keywords: re: Clean Water Act; mitigation bank; contract; regulatory function; subject matter jurisdiction

11-374 • ROMANOFF EQUITIES, INC. v. USA

Filed 11/20/2014
REPORTED OPINION (Reissuance of Opinion filed under seal on October 20, 2014, for publication). Signed by Judge Nancy B. Firestone.

Keywords: re: Summary Judgment; Rails to Trails; Scope of Easement; Abandonment; New York Law

14-307 • SAVANTAGE FINANCIAL SERVICES, INC v. USA

Filed 11/19/2014
REPORTED OPINION (reissuing Opinion and Order for publication). Signed by Judge Margaret M. Sweeney. (kb1)

Keywords: re: Reported Opinion Bid Protest; Motion to Dismiss; Mootness; Corrective Action

13-969 • SRA INTERNATIONAL, INC. v. USA

Filed 11/19/2014
Order Dismissing Case. The Clerk is directed to enter judgment. Signed by Judge Susan G. Braden. (aw) Copy to parties. Modified on 11/19/2014--corrected docket text

14-84 • FIDELITY AND GUARANTY INSURANCE UNDERWRITERS, INC. et al v. USA

Filed 11/19/2014
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1). The Clerk is directed to enter judgment. Signed by Judge Elaine D. Kaplan.

Keywords: re: Tucker Act; 28 U.S.C. § 1491; Motion to Dismiss for Lack of Subject Matter Jurisdiction; RCFC 12(b)(1); Waiver of Sovereign Immunity; Privity of Contract; Equitable Subrogation; General Liability Insurer; Miller Act Surety

14-735 • LYNXNET, LLC v. USA

Filed 11/18/2014
REPORTED OPINION. Reissued public version of Sealed Memorandum Opinion and Final Order. Signed by Judge Susan G. Braden. (ct) Copy to parties. Modified on 11/18/2014--corrected docket text

Keywords: re: Bid Protest; Competition in Contracting Act of 1984 (CICA), 31 U.S.C. § 3553 (Automatic Stay);Federal Acquisition Regulations (FAR) 48 C.F.R. §§ 19.508(e) (Solicitation provisions and contract clauses), 52.219-14(c)(1) (Limitations on subcontracting);26 U.S.C. § 401K (Qualified pension, profit-sharing, and stock bonus plans);15 U.S.C. §§ 644(o) (Awards or Contracts); 13 C.F.R. §125.1 (g) (Programs included). (ct) Modified on 11/18/2014 (jb)--corrected docket text.

14-148 • INNOVATIVE MANAGEMENT CONCEPTS, INC. v. USA

Filed 11/18/2014
Docketed for Administrative Purposes MEMORANDUM OPINION AND FINAL ORDER. Signed by Judge Susan G. Braden. (jt1) Copy to parties.

Keywords: re: Administrative Procedures Act, 5 U.S.C. § 701; Competition in Contracting Act, 41 U.S.C. § 253; Federal Acquisition Regulations (FAR) 48 C.F.R. §§ 2.101 (Federal Acquisition Regulations Systems: Definitions), 22.1006 (Solicitation Provisions And Contract Clauses), 52.212-5(c) (Contract Terms and Conditions Required To Implement Statutes Or Executive Orders-Commercial Items), 52.222-41(c) (Service Contract Labor Standards); 52.222-53 (Exemption From Application Of The Service Contract Labor Standards); Federal Acquisition Streamlining Act, 10 U.S.C. § 2304c (Armed Services); Jurisdiction; Service Contract Act, 41 U.S.C. § 6702 (Contracts To Which Service Contract Act Applies)(aw) Modified on 11/18/2014--corrected docket text (jb).Keywords: re: [25] Administrative Procedures Act, 5 U.S.C. § 701; Competition in Contracting Act, 41 U.S.C. § 253; Federal Acquisition Regulations (FAR) 48 C.F.R. §§ 2.101 (Federal Acquisition Regulations Systems: Definitions), 22.1006 (Solicitation Provisions And Contract Clauses), 52.212-5(c) (Contract Terms and Conditions Required To Implement Statutes Or Executive Orders-Commercial Items), 52.222-41(c) (Service Contract Labor Standards); 52.222-53 (Exemption From Application Of The Service Contract Labor Standards); Federal Acquisition Streamlining Act, 10 U.S.C. § 2304c (Armed Services); Jurisdiction; Service Contract Act, 41 U.S.C. § 6702 (Contracts To Which Service Contract Act Applies)

13-1016 • SHELKOFSKY v. USA

Filed 11/04/2014
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: Jurisdiction; Motion to Dismiss, RCFC 12(b)(1), 12(b)(6); Res Judicata; Pro Se; 10 U.S.C. Sec. 1201 (Regulars and members on active duty for more than 30 days: retirement); 10 U.S.C. Sec. 1202 (Regulars and members on active duty for more than 30 days: temporary disability retired list); 10 U.S.C. Sec. 1203 (Regulars and members on active duty for more than 30 days: separation); 10 U.S.C. Sec. 1208 (Computation of service); 10 U.S.C. Sec. 1209 (Transfer to inactive status list instead of separation); 10 U.S.C. Sec. 1210 (Members on temporary disability retired list: periodic physical examination; final determination of status); 10 U.S.C. Sec. 12731 (Age and service requirements); 10 U.S.C. Sec. 12738 (Limitations on revocation of retired pay); 28 U.S.C. Sec. 1491 (Claims against United States generally; actions involving Tennessee Valley Authority).

13-232 • CAMERON LANNING CORMACK v. USA

Filed 11/04/2014
REPORTED OPINION Providing Claim Construction for U.S. Patent No. 7,781,693 and Granting Motion to Strike. Signed by Judge Charles F. Lettow.

Keywords: re: Patent case; claim construction for U.S. Patent No. 7,781,693.

10-434 • URBAN v. USA

Filed 11/03/2014
REPORTED OPINION granting Motion for Summary Judgment. The Clerk is directed to dismiss the complaint. No costs. Signed by Judge Francis M. Allegra.

Keywords: re: Civil employment; Motion for summary judgment RCFC 56; Living quarters allowance (LQA); Plaintiff did not meet eligibility requirements under DSSR § 031.12(b); Summary judgment motion granted.

13-268 • DAVIS WETLANDS BANK, LLC v. USA

Filed 10/31/2014
REPORTED OPINION denying Motion for Partial Summary Judgment; granting [21] Cross Motion. The Clerk is directed to enter judgment. Signed by Judge Susan G. Braden. (Attachments: # (1) Exhibit Court Exhibit A)

Keywords: re: Clean Water Act, 33 U.S.C. §§ 1311(a), 1342(a), 1344(a), 1362(7), (12)(14); Tucker Act, 28 U.S.C. § 2501 (Statute of limitations);Wetlands Mitigation Bank;33 C.F.R. §§ 32032, 332.3(a)(1) (General compensatory mitigation requirements), 332.8(o)(3) (Credit production); 40 C.F.R. § 230.10(d) (Restrictions on discharge);60 FED. REG. 58,605-02, 58,606 (Nov. 28, 1995) (defining wetlands mitigation banking).

11-502 • KENNEY ORTHOPEDIC LLC, et al v. USA

Filed 10/31/2014
REPORTED OPINION granting Motion for Summary Judgment. The Clerk is directed to enter judgment. Signed by Judge Susan G. Braden.

Keywords: re: Settlement;Summary Judgment, RCFC 56;48 C.F.R. § 2.101 (Contracting Officer And Contracting Officers Technical Representative);48 C.F.R. § 52.212-4(m) (Termination For Cause).

14-173 • VFA, INC. v. USA

Filed 10/29/2014
REPORTED OPINION. The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler.

Keywords: re: Reported Opinion: Bid Protest; DoD's Sustainment Management System; Subject Matter Jurisdiction; Standardization Decision; Distributed Solutions; Definition of Procurement.

14-780 • INFORELIANCE CORPORATION v. USA

Filed 10/28/2014
REPORTED ORDER - unsealed reissuance of Order granting [35] Motion for discovery. Signed by Judge Victor J. Wolski.

Keywords: re: Reported Order - post-award bid protest; United States Marine Corps; supplementation of administrative record; extra-record evidence of bad-faith or bias; declaration containing specific allegations of bias; conduct hard to explain absent bias; hard facts sufficient to support discovery.

12-175 • KING et al v. USA

Filed 10/23/2014
REPORTED ORDER denying Motion to Amend Pleadings - Rule 15(b). Signed by Judge Nancy B. Firestone.

12-303 • HITKANSUT LLC et al v. USA

Filed 10/21/2014
REPORTED OPINION AND ORDER denying Motion to Compel; denying [76] Motion to Compel; denying [77] Motion to Compel; denying [78] Motion to Compel; granting [79] Motion for Extension of Time to Complete Discovery (Fact Discovery due by 11/17/2014). Signed by Judge Charles F. Lettow.

Keywords: re: Patent case; motions to compel the production of documents from a CRADA partner of the government and from one of the governments national laboratories; RCFC 26(b)(1)-(2), (g)(1); application of proportionality considerations to plaintiffs discovery requests; classified documents.

14-720 • BAHRAIN MARITIME & MERCANTILE INTERNATIONAL BSC (C) v. USA

Filed 10/21/2014
REPORTED OPINION (REDACTED) granting Defendant's Motion for Judgment on the Administrative Record; denying Plaintiff's Motion for Judgment on the Administrative Record. Signed by Judge Elaine D. Kaplan.

Keywords: re: 28 U.S.C. § 1491(b)(1); Post-award Bid Protest; Best-Value Negotiated Procurement Conducted under FAR Part 15; FAR 15.305; FAR 15.308; PastPerformance; Neutral Rating; Tradeoff; RCFC 52.1

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