USCFC General Jurisdiction-Reported

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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).

12-787 • WILSON v. USA

Filed 01/16/2014
REPORTED ORDER denying "Petition" for Rehearing. Signed by Judge Marian Blank Horn.

Keywords: re: Pro Se Plaintiff; Motion for Relief from a Judgment or Order.(lld) Modified on 7/10/2014 (jt1).

12-541 • MINISTERIO ROCA SOLIDA v. USA

Filed 01/15/2014
REPORTED OPINION granting motion to dismiss.. The Clerk is directed to enter judgment.[ Signed by Judge Elaine D. Kaplan. (lld) Copy to parties. Modified on 2/11/2014

Keywords: re: Taking of Property Without Just Compensation; Motion to Dismiss for Lack of Subject Matter Jurisdiction; RCFC 12(b)(1); 28 U.S.C. § 1500. (dw1) Modified on 7/10/2014 (jt1).Keywords: re: [23] Reported Opinion Taking of Property Without Just Compensation; Motion to Dismiss for Lack of Subject Matter Jurisdiction; RCFC 12(b)(1); 28 U.S.C. § 1500

11-564 • ETCHEGOINBERRY et al v. USA

Filed 01/15/2014
REVISED AND FINAL OPINION. Signed by Judge Marian Blank Horn.

Keywords: re: Fifth Amendment Takings; Motion to Dismiss; Subject Matter Jurisdiction; Statute of Limitations; Stabilization Doctrine; Justifiable Uncertainty.

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

Filed 01/14/2014
REPORTED OPINION (REDACTED VERSION OF DOCKET NO. 25). Signed by Judge Susan G. Braden.

Keywords: re: Administrative Procedure Act, 5 U.S.C. § 706(2)(A) (arbitrary and capricious action); Federal Acquisition Streamlining Act of 1994;Jurisdiction; Organizational Conflicts of Interest, 48 C.F.R. § 9.500(a);Waiver of Conflict of Interest, 48 C.F.R. § 9.503; 4 C.F.R. § 21.11 (advisory opinion); 12 C.F.R. § 366.1 (minimum standards of integrity and fitness required by Federal Deposit Insurance Corporation contractors);12 U.S.C. § 1819(a) (corporate powers of the Federal Deposit Insurance Corporation); 12 U.S.C. § 1822(f) (conflicts of interest governing Federal Deposit Insurance Corporation contractors); 31 U.S.C. § 3554(b)(c) (decisions on bid protests by the United States Government Accountability Office) . (dw1) Modified on 7/21/2014 (jt1).

09-317 • MCKOWN v. USA

Filed 01/13/2014
REPORTED OPINION and ORDER granting defendant's motion to dismiss pursuant to Rule 12(b)(1). The Clerk is directed to enter judgment. Signed by Judge Francis M. Allegra. (dls) Copy to parties.

Keywords: re:Takings; Motion to dismiss for lack of subject matter jurisdiction - RCFC 12(b)(l); 28 U.S.C. § 1500; Klamath lrrigation Dist. tests applied; Previously-filed case in district court, that was pending at the time the case in question was filed, involved the same claims; Motion granted - case dismissed for lack of jurisdiction re: [42] Order on Motion to Dismiss - Rule 12(b)(1), Reported Opinion/Order.

12-181 • EBEYER et al v. USA

Filed 01/10/2014
PUBLISHED OPINION granting Motion for Summary Judgment. The Clerk is directed to enter judgment in favor of defendant dismissing the complaint with prejudice. Signed by Judge Lynn J. Bush.

Keywords: re: Tax; Refund Claim; 26 U.S.C. § 6511(b)(2)(A) (2012); Whether Plaintiffs Requested an Extension to File Their 2006 Federal Income Tax Return re: [31] Order on Motion for Summary Judgment, Reported Opinion/Order.

12-860 • STAMMERJOHAN v. USA

Filed 01/09/2014
PUBLISHED ORDER finding that plaintiff qualifies for in forma pauperis status; and granting Motion to Dismiss - Rule 12(b)(1). The Clerk is directed to enter judgment. Signed by Judge Marian Blank Horn.

13-242 • NEXTEC APPLICATIONS, INC. v. USA

Filed 01/09/2014
REPORTED Order denying Motion to Dismiss. Because plaintiffs claims for patent infringement are not barred by 28 U.S.C. § 1500, the governments motion to dismiss for lack of jurisdiction is DENIED. The plaintiff shall have until January 20, 2014 to file an amended complaint consistent with this ruling. The parties shall file a joint preliminary status report by February 18, 2014. Signed by Judge Nancy B. Firestone.

Keywords: re: Motion to Dismiss; 28 U.S.C. § 1500; 28 U.S.C. § 1498(a); Patent Claims; Private Patent Litigation. (dw1) Modified on 7/15/2014 (jt1).Keywords: re: [25] Motion to Dismiss; 28 U.S.C. § 1500; 28 U.S.C. § 1498(a); Patent Claims; Private Patent Litigation. (lld) Modified on 7/15/2014 (jt1).

13-811 • LEAMING v. USA

Filed 01/09/2014
REPORTED Order If plaintiff wishes to pursue his claims in this court, he must pay the court's filing fee. If plaintiff does not pay the filing fee by Monday, February 10, 2014, the clerk shall, without further order of the court, dismiss his complaint without prejudice for failure to pay the filing fee. Briefing is suspended pending further order of this court. Notice of Compliance due by 2/10/2014. Signed by Judge Margaret M. Sweeney.

Keywords: re: Prisoner suit; In Forma Pauperis; 28 U.S.C. § 1915A (2012). (dw1) Modified on 7/22/2014 (jt1).Keywords: re: [12] Prisoner suit; In Forma Pauperis; 28 U.S.C. § 1915A (2012). (lld) Modified on 7/22/2014 (jt1).

10-192 • SALEM FINANCIAL, INC. v. USA

Filed 01/07/2014
REPORTED Order denying Motion to Alter Judgment Signed by Judge Thomas C. Wheeler.

Keywords: re: Tax Refund Suit; STARS Structured Transaction Between BB&T Bank and Barclays Bank; Rule 59(e) Motion to Alter or Amend the Courts Judgment. (dw1) Modified on 7/10/2014 (jt1).Keywords: re:[245] Tax Refund Suit; STARS Structured Transaction Between BB&T Bank and Barclays Bank; Rule 59(e) Motion to Alter or Amend the Courts Judgment. Modified on 7/10/2014 (jt1).

11-743 • GROOMS v. USA

Filed 01/07/2014
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1) and (6); granting [13] Motion for Judgment on the Administrative Record; denying [14] Cross Motion. The Clerk is directed to enter judgment. Signed by Judge Lawrence J. Block.

Keywords: re: RCFC 52.1; RCFC 12(b)(6); arbitrary and capricious; substantial evidence; Military Disability pay; 10 U.S.C. § 1201; 10 U.S.C. § 1203; benefit of the doubt rule. (dw1) Modified on 7/10/2014 (jt1).Keywords: re: [21] RCFC 52.1; RCFC 12(b)(6); arbitrary and capricious; substantial evidence; Military Disability pay; 10 U.S.C. § 1201; 10 U.S.C. § 1203; benefit of the doubt rule.

13-467 • TAYLOR v. USA

Filed 01/07/2014
PUBLISHED ORDER granting Motion to Dismiss. The Clerk is directed to enter judgment. Signed by Judge Marian Blank Horn. (dls) Copy to parties. Docket Entry [40] entered for administrative purposes.

Keywords: re: Pro Se Plaintiff; Motion to Dismiss; Lack of Subject Matter Jurisdiction; Failure to State a Claim. (dw1) Modified on 7/22/2014 (jt1).

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