USCFC General Jurisdiction-Reported

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20-1585 • COMPREHENSIVE HEALTH SERVICES, LLC v. USA

Filed 11/24/2020
REPORTED OPINION on MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by COMPREHENSIVE HEALTH SERVICES, LLC denying [3] Motion for TRO; denying [3] Motion for Preliminary Injunction. Signed by Judge David A. Tapp. (emc) Service on parties made.

Keywords: re: Order on Motion for TRO, Order on Motion for Preliminary Injunction, Reported Opinion. Bid-Protest; Government AccountabilityOffice; Competition in Contracting Act; 31 U.S.C. § 3553; Automatic CICA Stay; CICA Stay Override; Temporary Restraining Order; Preliminary Injunction

17-970 • ALTAIR GLOBAL CREDIT OPPORTUNITIES FUND (A), LLC et al v. USA

Filed 11/23/2020
REPORTED OPINION. The Court lacks subject-matter jurisdiction over the plaintiffs' first claim and therefore dismisses it under RCFC 12(b)(1) and 12(h)(3). The Court dismisses the plaintiffs' second and third claims for failure to state a claim upon which relief can be granted under RCFC 12(b)(6). The Court denies as moot the defendant's motion for partial summary judgment. The Court will issue an order in accordance with this memorandum opinion. Signed by Judge Richard A. Hertling. (dhf) Service on parties made.

Keywords: re: Reported Opinion, Jurisdiction; Failure to State a Claim; Rule 12(b)(1); Rule 12(b)(6); Fifth Amendment Takings Claim; PROMESA; 48 U.S.C. § 2121; 11 U.S.C. § 552; collateral estoppel; Puerto Rico.

20-946 • SUMMIT TECHNOLOGIES, LLC v. USA

Filed 11/20/2020
REPORTED OPINION originally filed under seal on November 18, 2020, see [36], denying Motion for Judgment on the Administrative Record; granting [27] Cross Motion. The clerk's office is directed to DISMISS plaintiff's complaint and ENTER final judgment, with prejudice in defendant's favor. on or before 12/18/2020, the parties are directed to CONFER and FILE a notice informing the court as to whether any redactions are required before the court makes this opinion publicly available, and if so, attaching an agreed-upon proposed redacted version of the opinion. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made.

Keywords: re: Reported Opinion. Pre-Award Bid Protest; Motion for Judgment on the Administrative Record; Agency Discretion; Unstated Evaluation Criteria. (TQ)

19-67 • ROWE et al v. USA

Filed 11/20/2020
REPORTED OPINION on denying Motion to Dismiss - Rule 12(b)(6). Answer due by 1/22/2021. On or before 1/22/2021, the parties are directed to CONFER and FILE a joint status report informing the court of their positions on the consolidation of this case with any others matters before the court. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made. Modified on 11/23/2020 by replacing PDF due to typographical error in original.

Keywords: re: Reported Opinion Motion to Dismiss; RCFC 12(b)(6); Fair Labor Standards Act (FLSA), 29 U.S.C. §§ 201-19; Anti-Deficiency Act (ADA), 31 U.S.C. §§ 1341-42; Government Employees Fair Treatment Act of 2019 (GEFTA); Pub. L. No. 116-1, 133 Stat. 3 (2019).(TQ)

20-835 • WISCONSIN PHYSICIANS SERVICE INSURANCE CORPORATION v. USA

Filed 11/19/2020
REPORTED OPINION, redacted version of sealed opinion filed October 28, 2020. Signed by Senior Judge Margaret M. Sweeney. (jb2) Service on parties made.

Keywords: re: Reported Opinion; Postaward Bid Protest; Cross-Motions for Judgment on the Administrative Record; Standing; Evaluation of Proposals; Technical Acceptability; Disparate Treatment Allegations; OCI Mitigation.

18-1257 • SHNIER et al v. USA

Filed 11/17/2020
REPORTED OPINION AND ORDER. Granting Motion for Summary Judgment, denying [26] Cross-Motion for Summary Judgment. The Clerk is directed to enter judgment. Signed by Judge Ryan T. Holte. (tjw) Service on parties made.

Keywords: re: Reported Opinion and Order. Pro Se; Tax Refund Claim; RCFC 56; Motion for Summary Judgment; 26 I.R.C. § 1297; Passive Foreign Investment Company ("PFIC"); Taxpayer Bill of Rights ("TBOR"); 26 I.R.C. § 7803(a)(3).

11-201 • ROSS-HIME DESIGNS, INC. v. USA

Filed 11/17/2020
REISSUED REPORTED OPINION Granting Motion for Summary Judgment of Non-Infringement and denying-as-moot motion as to invalidity ; Denying-as-moot [318] MOTION in Limine. Signed by Judge David A. Tapp. (co) Service on parties made.

Keywords re Reported Opinion: Patent; Non-Infringement; RCFC 56; Mas-Hamilton Grp. v. LaGard, Inc., 156 F.3d 1206 (Fed. Cir. 1998); Celotex Corp. v. Catrett, 477 U.S. 317 (1986); Doctrine of Equivalents; Anticipation; 35 U.S.C. § 112.

20-832 • HARTMAN v. USA

Filed 11/16/2020
REPORTED OPINION granting Motion to Dismiss; denying as moot [26] Motion in Limine. Plaintiff's complaint is dismissed without leave to replead. The Clerk of Court is directed to enter judgment. Signed by Chief Judge Eleni M. Roumel. (klb) Service on parties made; plaintiff served via U.S. mail.

20-1160 • BLUEWATER MANAGEMENT GROUP, LLC v. USA

Filed 11/16/2020
REPORTED OPINION reissuing **SEALED**OPINION and ORDER for publication. Signed by Senior Judge Margaret M. Sweeney. (kb1)

Keywords: re: Reported Opinion -- Postaward Bid Protest; Lodging Management Services; Tiered Set-Aside; Motion to Dismiss; Standing; Cross-Motions for Judgment on the Administrative Record; Discussions; Evaluation of Technical Approach and Performance Risk; Compliance With Solicitation's Evaluation Scheme; Permanent Injunction

20-1082 • UTECH PRODUCTS v. USA

Filed 11/13/2020
REPORTED OPINION denying attorneys' fees and bid preparation and proposal costs. Signed by Senior Judge Charles F. Lettow.

Keywords: re: Motion for bid preparation and proposal costs and attorneys fees; cancelled solicitation; no judicial imprimatur; dismissal of protest as moot.

13-396 • BARLOW et al v. USA

Filed 11/13/2020
REPORTED MEMORANDUM OPINION AND ORDER granting-in-part and denying-in-part Plaintiffs' Motion For Partial Summary Judgment on Liability and granting-in-part and denying-in-part [135] The Government's Cross-Motion For Summary Judgment. Joint Status Report due by 12/31/2020. Signed by Judge Lydia Kay Griggsby. (jw) Service on parties made.

Keywords: Rails-to-Trails; Fifth Amendment Takings; National Trails System Act; Illinois Law; Notice of Interim Trail Use (NITU); Summary Judgment; RCFC 56, re: Reported Memorandum Opinion and Order.

20-1300 • HARMONIA HOLDINGS GROUP, LLC v. USA

Filed 11/13/2020
REPORTED OPINION: Reflecting redactions to opinion and order issued 11/6/20. Signed by Senior Judge Charles F. Lettow.

Keywords: re Reported Opinion: Application for a temporary restraining order; motions for a preliminary injunction; equitable factors; RCFC 65(a)(2); deferral.

18-1059 • MONROE v. USA

Filed 11/13/2020
REPORTED OPINION granting Motion for Attorney Fees. The clerk's office is directed to ENTER judgment for plaintiff in the amount of $50,425.87 in attorneys fees and $455.40 in expenses, for a total award of $50,881.27. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made.

Keywords: re: Order on Motion for Attorney Fees. RCFC 54(d)(2); Equal Access to Justice Act; Attorneys Fees; Prevailing Party; Substantially Justified.(TQ)

20-908 • TOP GUN SERVICES, LLC v. USA

Filed 11/11/2020
REPORTED UNSEALED ORDER granting 10 Motion to Dismiss - Rule 12(b)(1). Signed by Judge David A. Tapp. (emc) Service on parties made.

Keywords: re: Reported Order: Motion to Dismiss, RCFC 12(b)(1), Standing, AbilityOne, Competition in Contracting Act (CICA)

14-841 • AMPERSAND CHOWCHILLA BIOMASS, LLC et al v. USA

Filed 11/09/2020
OPINION and ORDER. The Clerk is directed to enter judgment. Signed by Senior Judge Mary Ellen Coster Williams. (tsb) Service on parties made.

Keywords: re: Reported Opinion: American Recovery and Reinvestment Act (ARRA); Pub. Law. No. 111-5, Div. B, tit. I, § 1603, 123 Stat. 115, 364-66 (2009); Section 1603 Grant; Open-Loop Biomass Facility; Specifically Assigned Function; Oglethorpe Factors; Placed in Service; Statutory Interpretation.

18-47 • SPELLERS v. USA

Filed 11/06/2020
REPORTED OPINION granting in part partial dismissal as to plaintiff's retaliation claim (Count II) and denying in part [32] Motion for Summary Judgment as to plaintiff's EPA claim (Count I). Pursuant to RCFC 54(b), as there is not just reason for delay, the clerk's office is directed to ENTER judgment DISMISSING Count II of plaintiff's complaint for lack of subject matter jurisdiction, without prejudice. On or before 12/4/2020, the parties are directed to CONFER and FILE a Joint Status Report. The status report shall state whether settlement is a feasible option in this case or whether the parties intend to file any additional dispositive motions. If dispositive motions are to be filed, the status report shall set forth a proposed schedule in that regard. If neither settlement nor dispositive motions are viable, the parties shall set forth a proposed schedule for the exchanges required by Appendix A, paragraph 13 and the filings required by paragraphs 14 through 17. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made.

Keywords: re: Opinion and Order on Motion for Summary Judgment; RCFC 56; Dismissal for Lack of Jurisdiction; RCFC 12(b)(1); RCFC 12(h)(3); Equal Pay Act; 29 U.S.C. § 206(d); Substantially Equal Work; Retaliation Claim. (TQ)

19-1439 • BAER v. USA

Filed 11/05/2020
REPORTED OPINION granting the defendant's motion to dismiss under RCFC 12(b)(6). The Court will issue an order in accordance with this decision. Signed by Judge Richard A. Hertling. (naw) Service on parties made.

Keywords: re: Reported Order, Motion to Dismiss; RCFC 12(b)(6); Tax Refund Claim; 26 U.S.C. § 6651(a); Late-Filing Penalty; Non-Delegable Duty to File; Reasonable Cause; 26 C.F.R. § 1.6081-4.

20-764 • DIGIFLIGHT, INC. v. USA

Filed 11/04/2020
REPORTED OPINION granting MOTION for Judgment on the Pleadings pursuant to RCFC 12(c) and, in the alternative, MOTION to Dismiss pursuant to RCFC 12(b)(6). The Court GRANTS defendant's Motion and DISMISSES the Complaint. The Clerk is directed to enter judgment accordingly. Signed by Judge Matthew H. Solomson. (ids) Service on parties made. Modified to replace PDF on 11/4/2020

Keywords re Order on Motion for Judgment on the Pleadings pursuant to RCFC 12(c) and, in the alternative, MOTION to Dismiss pursuant to RCFC 12(b)(6) - Bid protest; solicitation protest; RCFC 12(b)(6); material solicitation requirement; mandatory minimum requirement; clarifications; discussions; timeliness; waiver.

20-120 • QUANTICO TACTICAL INC. v. USA

Filed 11/02/2020
REPORTED OPINION. Signed by Senior Judge Eric G. Bruggink. (jpk1) Service on parties made.

Keywords: re: Reported OPINION: Pre-award bid protest; Competitive range determination; FAR 15.306; technically unacceptable; prejudice

14-135 • MEMMER v. USA

Filed 11/02/2020
REPORTED TRIAL OPINION. Joint Status Report due by 11/16/2020. Signed by Senior Judge Margaret M. Sweeney. (kb1)

Keywords: re: Reported Opinion -- Trial Decision; Rails-to-Trails; Fifth Amendment Taking; Indiana Law; Vacatur and Remand From Federal Circuit Before Addressing Merits of Cross-Appeals to Make a Record for Applying a Multifactor Test (as directed in Caquelin); Effect of Vacatur; Cognizable Property Interests; Liability for a Taking When No Trail Use Agreement Executed, NITU Expires, and Abandonment Not Consummated; Arkansas Game & Fish; Causation; Extent of Taking; Damages for a Temporary Taking

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