USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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13-236 • KELLOGG BROWN & ROOT SERVICES, INC. v. USA

Filed 08/06/2014
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1) and (6). The Clerk is directed to enter judgment. Signed by Judge Victor J. Wolski.

Keywords: re: Dismissal for lack of subject-matter jurisdiction, RCFC 12(b)(1); contract closeout; contract administration; no bid protest jurisdiction, 28 U.S.C. § 1491(b); Contract Disputes Act, 41 U.S.C. §§ 7101-7109; standing; no competitive injury alleged.

13-288 • MCNAUGHTON et al v. USA

Filed 08/05/2014
REPORTED OPINION: The government's motion to dismiss Count I and portions of Count III of the complaint is granted, and plaintiffs' motion for summary judgment as to those counts is denied. Further, because the government has conceded liability as to the 2007 refund claim in Count II of the complaint, plaintiffs' motion for summary judgment is granted-in-part and denied-in-part. Joint Status Report due by 9/5/2014. Signed by Judge Nancy B. Firestone.

Keywords: re: Pro Se; refund claim untimely under 26 U.S.C. Sec. 6511(a); lack of jurisdiction to hear partner-level refund suits under 26 U.S.C. Sec. 7422.

13-966 • JIRON v. USA

Filed 08/05/2014
REPORTED ORDER finding as moot Motion to Appoint Counsel; granting [7] Motion to Dismiss - Rule 12(b)(1) and (6); finding as moot [14] Motion for Summary Judgment; finding as moot [15] Motion for subpoena of file and documents; finding as moot [16] Motion for a copy of the official record; finding as moot [17] Motion for Summary Judgment; finding as moot [20] Motion for Declaratory Judgment; finding as moot [21] Motion for an order; finding as moot [23] Motion to Strike all defendant's motions; finding as moot [25] Motion for Disclosure and; finding as moot [26] Motion for Summary Judgment. Pursuant to Rule 11(c)(3) of the Rules of the United States Court of Federal Claims, Plaintiff has thirty (30) days to show cause why the court should not issue an anti-filing injunction. In the interim, the Clerk's Office will reject any additional complaints from Plaintiff unless accompanied by the court's required filing fee. Signed by Judge Susan G. Braden. (dw1) Copy to parties.

Keywords: re: Frivolous lawsuits; Jurisdiction; Motion to Dismiss, RCFC 12(b)(1); Pro Se; RCFC 53 (masters).

12-320 • LAWRENCE BATTELLE, INC. v. USA

Filed 08/05/2014
PUBLISHED OPINION (Reissuance of Opinion filed under seal on July 24, 2014 for publication). Signed by Judge Nancy B. Firestone.

Keywords: re: Bid protest; dismissal of non-protest claims sounding in tort, implied contract, and based on the Administrative Procedure Act; judgment for government on the administrative record; elimination from the competitive range justified

14-188 • CLINICOMP INTERNATIONAL, INC. v. USA

Filed 08/01/2014
REPORTED ORDER/Published Opinion. Opinion originally issued under seal on 7/8/2014. Signed by Judge Lynn J. Bush.

Keywords: re: Reported Order. Post-Award Bid Protest; Waiver of Plaintiffs Challenge to the Solicitations Terms; Disparate Treatment ofOfferors in Evaluation of Quotations. (TQ)

13-719 • HATMAKER v. USA

Filed 07/31/2014
REPORTED ORDER granting in part and denying in part Defendant's Motion for Judgment on the Administrative Record; denying [16] Plaintiff's Cross Motion; This case shall be REMANDED to the Department of Defense Physical Disability Board of Review for further proceedings. This case is otherwise STAYED until January 31, 2015. Joint status reports due October 31, 2014 and January 30, 2015. Signed by Chief Judge Patricia E. Campbell-Smith.

Keywords: re: Order on Motion for Judgment on the Admin. Record, Order on Cross Motion, Reported Order, Military Pay; Physical Disability Board of Review (PDBR); Motion for Judgment on the Administrative Record; RCFC 52.1

14-102 • AMERICAN AUTO LOGISTICS, LP v. USA

Filed 07/31/2014
REPORTED OPINION (reissuance of June 24, 2014 Opinion for Publication). Signed by Judge Marian Blank Horn.

Keywords: re: United States Transportation Command; Past Performance Evaluation; Performance Price Tradeoff; Commercial Marketplace; Global Privately-Owned Vehicle Contract.

11-377 • LAMSON v. USA

Filed 07/31/2014
REPORTED OPINION granting Motion for Summary Judgment. The Clerk is directed to enter judgment. Signed by Judge Nancy B. Firestone.

Keywords: re: 28 U.S.C. § 1498(a); 35 U.S.C. § 287(c) Medical Immunity Provision; Defense to Liability

14-308 • LUCREE v. USA

Filed 07/31/2014
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(6). The Clerk is directed to enter judgment. Signed by Judge Charles F. Lettow.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(6), Reported Opinion. Challenge to Congresss authority to impose patent maintenance fees under the Intellectual Property Clause of the Constitution, art. I, § 8, cl. 8; claim akin to illegal exaction; takings claim

13-834 • MARTIN et al v. USA

Filed 07/31/2014
REPORTED OPINION granting in part and denying in part Motion to Dismiss - Rule 12(b)(6). Signed by Chief Judge Patricia E. Campbell-Smith.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(6), Reported Opinion Motion to Dismiss for Failure to State a Claim, RCFC 12(b)(6); Fair Labor Standards Act, 29 U.S.C. §§ 201 to 219; Violation of On Time Payment Requirement; FLSA Workweek Standard; FLSA Exempt Employees

14-229 • HARRIS v. USA

Filed 07/30/2014
REPORTED MEMORANDUM OPINION and FINAL ORDER granting Motion for Summary Dismissal. The Clerk is directed to enter judgment. Signed by Judge Susan G. Braden.

Keywords: re: Jurisdiction; Motion to Dismiss, RCFC 12(b)(1); Pro Se; 28 U.S.C. § 2501.

12-861 • CORNISH v. USA

Filed 07/30/2014
REPORTED ORDER denying Motion for Attorney Fees. Signed by Senior Judge Eric G. Bruggink. (jpk1) Copy to parties.

11-466 • WAGSTAFF v. USA

Filed 07/30/2014
REPORTED MEMORANDUM OPINION and ORDER denying and [48] Motions for Relief from Judgment. Signed by Judge Susan G. Braden.

Keywords: re: Fed. R. App. 4(a)(1)(B) (Notice of Appeal); Motion for Relief From a Final Order; Pro Se; RCFC 59 (New Trial, Reconsideration, Altering or Amending a Judgment); RCFC 60 (Relief from a Judgment or Order).

13-365 • UNITED STATES ENRICHMENT CORPORATION v. USA

Filed 07/28/2014
REPORTED ORDER granting Government's Partial Motion to Dismiss. Joint status report due by 8/7/2014. Signed by Judge Nancy B. Firestone.

Keywords: re: Motion to Dismiss for Lack of Subject Matter Jurisdiction; Contract Disputes Act, 41 U.S.C. § 7103; No Standing Claims Arising from Subcontracts.

07-4262 • CHILDERS et al v. USA

Filed 07/28/2014
REPORTED OPINION/ORDER denying Motion for Reconsideration. Signed by Judge Mary Ellen Coster Williams.

Keywords: re: Order on Motion for Reconsideration; Reported Opinion; Rule 59(a)(1); Fifth Amendment Taking; National Trails System Act, 16 U.S.C. § 1241 et seq.; Severance Damages; Loss of Access; Sufficient Support for Expert Opinion; Proper Scope of Expert Opinion; Fed. R. Evid. 702; Post-Trial Admission of Deposition; Fed. R. Civ. P. 32.

13-291 • HYMAS v. USA

Filed 07/25/2014
REPORTED OPINION granting in part and denying in part Motion for Judgment on the Administrative Record; denying [30] Motion to Dismiss - Rule 12(b)(1); denying [30] Motion for Judgment on the Administrative Record. The Clerk is directed to enter judgment. Signed by Judge Susan G. Braden.

Keywords: re: Administrative Procedure Act, 5 U.S.C. §§ 70106 et seq.; Competition in Contracting Act,41 U.S.C. § 3301 et seq.;Cooperative Farming Agreements; Cooperative Land Management,50 C.F.R. § 29.2 (1960); Exec. Order. No. 12,996 (61 FED. REG. 13,647 (Mar. 25, 1996));Federal Grant and Cooperative Agreement Act, Pub. L. No. 95-224, 92 Stat. 3 (1978), codified, as amended, 31 U.S.C. §§ 630108;Fish and Wildlife Act, Pub. L. No. 84-1024, 70 Stat. 1120 (1956);Fish and Wildlife Coordination Act, Pub. L. No. 73-121, 48 Stat. 401 (1934), codified, as amended, at 16 U.S.C. §§ 661667e;Fish and Wildlife Coordination Act, Pub. L. No. 85-624, 72 Stat. 563 (1958), codified at 16 U.S.C. § 661;Judgment on the Administrative Record;Jurisdiction;National Wildlife Refuge System Administration Act, Pub. L. No. 89-669, 80 Stat. 927 (1966), codified, as amended, at 16 U.S.C. § 668dd;National Wildlife Refuge System definitions (50 C.F.R. § 25.12 (1960));National Wildlife Refuge System Improvement Act, Pub. L. No. 105-57, 111 Stat. 1252 (1997);National Wildlife Refuge System Volunteer and Community Partnership Enhancement Act, Pub. L. No. 105-242, 112 Stat. 1574 (1998), codified, as amended, at 16 U.S.C. §§ 742a, 742f; National Wildlife Refuge Volunteer Act, Pub. L. No. 108-327, 118 Stat. 1271 (2004);Public Law No. 79-732, 60 Stat. 1080 (1946);Public Law No. 80-537, 62 Stat. 240 (1948);RCFC 37(c) (Failure to Disclose, to Supplement an Earlier Response).

10-588 • DELAWARE CORNERSTONE BUILDERS INC v. USA

Filed 07/24/2014
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1). The Clerk is directed to enter judgment. Signed by Judge Mary Ellen Coster Williams.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1), Reported Opinion; Subject Matter Jurisdiction; Contract Disputes Act, 41 U.S.C. §§ 7101-09; 48 C.F.R. § 2.101 Claim; Contracting Officers Final Decision; Failure to Appoint a Replacement Contracting Officer.

13-378 • BCPEABODY CONSTRUCTION SERVICES, INC. v. USA

Filed 07/23/2014
REPORTED OPINION granting in part and denying in part Motion for Attorney Fees; granting in part and denying in part [72] Motion for Bill of Costs. BCPeabody is awarded $30,990.56 in attorneys' fees and expenses pursuant to the Equal Access to Justice Act. BCPeabody is also awarded $400.00 in costs pursuant to RCFC 54(d). The Clerk is directed to enter judgment. Signed by Judge Charles F. Lettow.

Keywords: re: Application by a prevailing plaintiff for an award of attorneys' fees and expenses pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412; no substantial justification for the government's position; hourly rates; expenses; bond premiums as expenses. (EB)

13-511 • WHITFIELD v. USA

Filed 07/23/2014
REPORTED OPINION denying Motion for Subpoena Duces Tecum and; granting [28] Motion for Extension of Time to File Response re [25] MOTION for Summary Judgment. Plaintiffs Response to Motion for Summary Judgment due by 10/3/2014. Signed by Judge Susan G. Braden. (dw1) Copy to parties.

Keywords: re: Pro Se; Subpoena Duces Tecum; RCFC 56(d) (when discovery is required to defeat a motion for summary judgment).

14-346 • SCIENCE AND MANAGEMENT RESOURCES, INC. v. USA

Filed 07/21/2014
REDACTED REPORTED OPINION denying Government's Motion to Dismiss; granting Government's Cross-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: Post-award Bid Protest; Best-Value Negotiated Procurement conducted under FAR Part 15; FAR 15.305; FAR 15.308 Motion to Dismiss; RCFC 12(b)(1); Standing; Tradeoff

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