USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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13-88 • B & H MEDICAL, LLC v. USA

Filed 06/23/2014
REPORTED OPINION granting in part and denying in part Motion to Dismiss - Rule 12(b)(1) and (6). Defendant's motion to dismiss is DENIED as to Count I, and GRANTED as to Count II. The Clerk is directed to enter judgment as to Count II only. Signed by Chief Judge Patricia E. Campbell-Smith.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1) and (6), Reported Opinion, Chevron Deference; Regulatory Interpretation; Motion to Dismiss for Lack of Subject Matter Jurisdiction under RCFC 12(b)(1); Motion to Dismiss for Failure to State a Claim under RCFC 12(b)(6); Medicare Reimbursement Claim.

14-371 • CHEROKEE NATION TECHNOLOGIES, LLC v. USA

Filed 06/23/2014
REPORTED OPINION re: [38]Seal Opinion filed under seal on June 10, 2014. Signed by Judge Francis M. Allegra.

Keywords: re: Bid protest reviewing corrective action and sole-source bridge contract award; Motion for preliminary injunction; Bridge contract for information technology services; 10 U.S.C. § 2304; FAR § 6.3021(c); Advance planning requirement for sole-source contract award not satisfied; Preliminary injunction issued; Performance of bridge contract enjoined. (si) Modified on 7/11/2014 (jt1).

13-297 • DAWSON v. USA

Filed 06/18/2014
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1) and (6). The Clerk is directed to enter judgment. Signed by Senior Judge Eric G. Bruggink. (md) Copy to parties. (Main Document 19 replaced on 6/19/2014 to add electronic signature)

Keywords: re: Jurisdiction; Veterans Administration; employment; equitable remedies; intermittent schedule; fraud and coercion. (md) Modified on 7/15/2014 (jt1).

10-51 • NORMANDY APARTMENTS, LTD. v. USA

Filed 06/17/2014
REPORTED OPINION granting in part and denying in part Motion to Dismiss - Rule 12(b)(1) and Motion for Summary Judgment. Defendant's motion to dismiss is denied; defendant's motion for summary judgment is granted. The Clerk is directed to enter judgment. Signed by Senior Judge Eric G. Bruggink. (jpk1) Copy to parties.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1) and Motion for Summary Judgment Reported Opinion, Regulatory Taking; Fifth Amendment; Housing Assistance Payments; Public Housing Authority

13-833 • OUTLAW v. USA

Filed 06/17/2014
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1). The Clerk is directed to enter judgment. Signed by Chief Judge Patricia E. Campbell-Smith. (hw1) Copy to parties. Modified on 6/19/2014 to edit docket text.

Keywords: re: Subject Matter Jurisdiction; RCFC 12(b)(1); Breach of Settlement Agreement; Invalid Settlement Agreement; Merit Systems Protection Board Final Order. (hw1) Modified on 7/22/2014 (jt1).

14-460 • BAIR v. USA

Filed 06/13/2014
REPORTED Order dismissing the complaint. The Clerk is directed to enter judgment. Signed by Judge Marian Blank Horn.

Keywords: re: Reported Order Pro Se Plaintiff; Motion to Dismiss; Subject Matter Jurisdiction. (dls) Modified on 7/11/2014 (jt1).

11-157 • BAY COUNTY, FLORIDA v. USA

Filed 06/12/2014
REPORTED OPINION. The Clerk is directed to enter judgment. Bay County is awarded $450,516.04 as damages for breach of its water and sewer contracts with the Air Force, plus interest on this amount from the date of its claim, April 19, 2010 to the date of payment, pursuant to 41 U.S.C. § 7109(a)(1). Bay County is also awarded interest under 41 U.S.C. § 7109(a)(1) on $303,589.79, from April 19, 2010 to April 29, 2014. Signed by Judge Charles F. Lettow.

Keywords: re: Reported Opinion, Calculation of interest as part of the judgment in a contract case; interest due under the Contract Disputes Act, 41 U.S.C. § 7109, on an undisputed amount plus one year of interest payable under the Prompt Payment Act, 31 U.S.C. § 3902(a); interest due under the Contract Disputes Act on damages previously in dispute

06-465 • LIQUIDATING TRUSTEE ESTER DU VAL OF KI LIQUIDATION, INC. v. USA

Filed 06/11/2014
REPORTED OPINION. Signed by Senior Judge Eric G. Bruggink. (md) Copy to parties. Modified on 6/19/2014 - corrected text (jt1).

Keywords: re:Contract; Department of State; default termination; fraud counterclaim; differing site condition.

12-125 • WOLLMAN v. USA

Filed 06/05/2014
REPORTED OPINION granting plaintiff's Motion for Judgment on the Administrative Record; denying [51] government's Cross-Motion. Status Report due by 6/30/2014. Signed by Judge Nancy B. Firestone.

Keywords: re: 10 U.S.C. §1201; Military Disability Retirement; Existed Prior to Service, EPTS; Presumption of Incurrence and Aggravation; 28 U.S.C. § 1491(a)

14-210 • BUSINESS INTEGRA, INC. v. USA

Filed 06/04/2014
PUBLISHED OPINION. Opinion originally filed under seal on May 29, 2014. Signed by Judge Charles F. Lettow.

Keywords: re: Post-award bid protest; best-value negotiated procurement conducted under FAR Part 15; discretion to seek clarification of pricing omissions in offers; FAR § 15.306(a) (zlr) Modified on 7/21/2014 (jt1).

13-718 • COLEMAN v. USA

Filed 06/03/2014
REPORTED Order granting Motion to Dismiss - Rule 12(b)(1); denying [2] Motion for Leave to Proceed in forma pauperis; and directing the Clerk of Court to enter judgment and reject any future complaints filed by this plaintiff without the requisite filing fee. Signed by Judge Marian Blank Horn.

13-590 • PUCCIARIELLO v. USA

Filed 06/02/2014
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1) and (6). The Clerks Office is directed to ENTER final judgment in favor ofdefendant, DISMISSING the complaint without prejudice. Signed by Judge Lynn J. Bush.

14-261 • LABORATORY CORPORATION OF AMERICA HOLDINGS v. USA

Filed 06/02/2014
REPORTED OPINION granting in part and denying in part Motion to Strike ; granting in part and denying in part [34] Motion to Supplement the Administrative Record. Signed by Judge Thomas C. Wheeler.

13-834 • MARTIN et al v. USA

Filed 06/02/2014
REPORTED ORDER granting Motion for Leave to File Second Amended Complaint. Signed by Chief Judge Patricia E. Campbell-Smith.

Keywords: re: RCFC 15(a)(2), Amendment of Pleadings when justice so requires" (svw) Modified on 7/22/2014 (jt1).

06-827 • PROCHAZKA v. USA

Filed 05/30/2014
REPORTED OPINION granting Motion for Attorney Fees. The Clerk is directed to enter judgment. Signed by Judge Susan G. Braden.

Keywords: re:Attorney Fees, Expenses, and Costs; Back Pay, Under the Military Pay Act, 37 U.S.C. § 204; Correction of Military Records; Equal Access to Justice Act, 28 U.S.C. § 2412. re: [138] Order on Motion for Attorney Fees, Reported Opinion

10-878 • COMMUNICATION CONSTRUCTION SERVICES, INC v. USA

Filed 05/30/2014
REPORTED OPINION (Reissuance of Opinion filed under seal on April 30, 2014 for publication). Signed by Judge Mary Ellen Coster Williams. (td) Copy to parties. Modified on 5/30/2014 to indicate that this is a reissued opinion.

Keywords: re: Reported Opinion: Post-award Bid Protest; 28 U.S.C. § 1491(a)(1) Jurisdiction; Nonappropriated Fund Instrumentality (NAFI); Army and Air Force Exchange Service Procurement; Blue & Gold Waiver; Supplementation of Administrative Record; Breach of Implied Duty of Fair Dealing; 10 U.S.C. § 2492a; Organizational Conflict of Interest; Responsibility Determination; Technical Evaluation; Fee Evaluation; Appearance of Impropriety; Indebtedness of Awardee.

02-1078 • BAILEY v. USA

Filed 05/29/2014
REPORTED OPINION ( Status Report due by 6/12/2014) denying Motion for Summary Judgment; denying [123] Motion for Reconsideration. Signed by Judge Victor J. Wolski.

Keywords: re: Order on Motion for Summary Judgment, Order on Motion for Reconsideration, Reported Opinion Fifth Amendment; regulatory takings; summary judgment; Section 404 of the Clean Water Act; 33 U.S.C. § 1341; Minnesota Pollution Control Agency;background principles of state law; motion for reconsideration; standing of subsequent acquirer.

10-757 • GADSDEN INDUSTRIAL PARK, LLC v. USA

Filed 05/29/2014
REPORTED ORDER denying MOTION to Strike or MOTION to Stay Further Action on Information Request Letter. Signed by Judge Margaret M. Sweeney. (kb1)

Keywords: re:Motion to Strike or Stay Action on EPA Information Request Letter; CERCLA; APA; Exclusive Jurisdiction in Federal District Courts .

14-301 • FIRSTLINE TRANSPORTATION SECURITY, INC. v. USA

Filed 05/29/2014
Docketed for Administrative Purposes - REPORTED OPINION denying 37 and 41 Motions to Strike; denying 41 Motion for Reconsideration. Signed by Judge Thomas C. Wheeler. (jt1) Copy to parties.

Keywords: re: Bid Protest; Supplementing the Administrative Record; Courts Consideration of Expert Witnesss Declaration; Federal Rule of Evidence 702. (jt1) Modified on 7/11/2014 (jt1).

05-965 • CEBE FARMS, INC., et al v. USA

Filed 05/28/2014
DOCKETED FOR ADMINISTRATIVE PURPOSES: PUBLISHED OPINION AND ORDER denying 58 and 72 defendant's motions for summary judgment, and denying 79 plaintiffs' cross-motion for summary judgment. The parties shall file by no later than Friday, June 27, 2014 a joint status report setting forth their proposed schedule for further proceedings. Signed by Judge Margaret M. Sweeney. (ta) Copy to parties. (Entered: 05/28/2014)(ac7) Copy to parties.

Keywords: re:Motion for Summary Judgment; Cross-Motions for Summary Judgment; RCFC 56(c); Genuine Issues of Material Fact Modified on 7/1/2014 (lld).

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