USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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05-914 • K-CON BUILDING SYSTEMS, INC., v. USA

Filed 02/26/2014
REPORTED OPINION recharacterizing Motion to Dismiss as a Motion for Summary Judgment; granting in part and denying in part [172] Motion for Summary Judgment; and granting [172] Motion to Amend. Amended complaint due by 3/14/2014. Responsive pleading due by 3/28/2014. Response to any counterclaim due by 4/4/2014. Joint status report due by 4/11/2014. Signed by Judge Margaret M. Sweeney. (kb1)

Keywords: re:Posttrial Motions; Recharacterizing an RCFC 12(b)(1) Motion to Dismiss as a Motion for Summary Judgment; Agency's Authority to Terminate a Contract for Default When Its Order Was Placed Under a Federal Supply Schedule Contract; Excusable Delay; Counterclaim for Liquidated Damages; Motion to Amend the Complaint; RCFC 15(b)(2); Implied Consent (kb1) Modified on 7/1/2014 (lld).

11-682 • ENSLEY, INC v. USA

Filed 02/25/2014
REPORTED OPINION granting Motion for Summary Judgment. The Clerk is directed to enter judgment. Signed by Judge Lynn J. Bush.

Keywords: re: Contract; Breach and Setoff; Setoff of Repair Costs against Rent and Tax Payments Owed under Postal Service Lease.

10-156 • MCCLURG FAMILY FARM, LLC. et al v. USA

Filed 02/24/2014
REPORTED OPINION: granting, in part, and denying, in part Motion for Partial Summary Judgment; granting, in part and denying, in part [68] Cross Motion. Joint Status Report due by 3/14/2014.. Signed by Judge Francis M. Allegra.

13-565 • LEWIS v. USA

Filed 02/24/2014
REPORTED OPINION granting Defendant's Motion to Dismiss - Rule 12(b)(6), converted to a Motion for Summary Judgment; denying [30] Plaintiff's Motion for Summary Judgment. The Clerk is directed to enter judgment. Signed by Judge Charles F. Lettow.

13-94 • SMITH v. USA

Filed 02/21/2014
REPORTED OPINION denying Plaintiff's Motion for Summary Judgment on the Administrative Record; granting [22] Defendant's Motion for Judgment on the Administrative Record; granting [23] Plaintiff's Motion to Supplement the Administrative Record. The Clerk is directed to enter judgment. Signed by Chief Judge Patricia E. Campbell-Smith.

Keywords: re: Order on Motion for Judgment on the Administrative Record, Order on Motion to Supplement the Administrative Record, Reported Opinion, Military Pay, National Guard, RCFC 52.1.

13-762 • GREEN v. USA

Filed 02/20/2014
REPORTED Order granting Motion to Dismiss - Rule 12(b)(1) and (6). The Clerk is directed to enter judgment. Signed by Judge Nancy B. Firestone.

13-435 • MONTANO ELECTRICAL CONTRACTOR v. USA

Filed 02/20/2014
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1) and (6). The Clerk is directed to enter judgment. Signed by Judge Charles F. Lettow.

Keywords: re: Contract dispute; claim by subcontractor; privity; Contract Disputes Act; 41 U.S.C. § 7104; Miller Act; 40 U.S.C. § 3133 ; Federal Tort Claims Act; 28 U.S.C. § 1346(b); request to transfer (jb) Modified on 7/15/2014 (jt1).

13-247 • PALAFOX STREET ASSOCIATES, L.P. v. USA

Filed 02/12/2014
REPORTED OPINION on MOTION to Dismiss pursuant to Rules 12(b)(1) and (6) filed by USA granting in part, staying in part, and denying in part [7] Motion to Dismiss - Rule 12(b)(1) and (6). Defendant shall file a supplemental brief on or before February 24, 2014; plaintiff shall respond to defendant's brief on or before March 3, 2014; and defendant may file a reply to plaintiff's response on or before March 7, 2014. Signed by Chief Judge Patricia E. Campbell-Smith.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1) and (6), Reported Opinion: Motion to Dismiss for Lack of Jurisdiction, RCFC 12(b)(1); Motion to Dismiss for Failure to State a Claim, RCFC 12(b)(6); Contract Disputes Act of 1978; Election Doctrine; Judicial Estoppel; Res Judicata

12-8 • G4S TECHNOLOGY LLC v. USA

Filed 02/11/2014
REPORTED OPINION: The government's and [20] Motions to Dismiss are DENIED. The government's [35] Motion for Summary Judgment is GRANTED.The Clerk is directed to enter judgment. Signed by Judge Nancy B. Firestone. (rh) Copy to parties. Modified on 2/24/2014 - corrected pdf (jt1).

Keywords: re: Insolvent prime contractor; incidental or intended third-party beneficiary; subcontractor's right to obtain payment directly from the federal government; summary judgment Reported Opinion on Motion to Dismiss - Rule 12(b)(1) and (6).

11-236 • DEMODULATION, INC. v. USA

Filed 02/10/2014
REPORTED AMENDED OPINION granting Motion to Vacate. Signed by Judge Thomas C. Wheeler. (jc) Copy to parties. Modified on 2/10/2014 - corrected pdf(jt1).

Keywords: re: RCFC 60(b)(6) Motion to Vacate Prior Rulings; Effect of Judges Disqualification Under 28 U.S.C. § 455(a). re: [49] Order on Motion to Vacate, Reported Opinion .

10-448 • B&B MEDICAL SERVICES, INC., v. USA

Filed 02/10/2014
REPORTED Order on MOTION to Dismiss pursuant to Rule 12(b)(1) for mootness filed by USA granting [32] Motion to Dismiss - Rule 12(b)(1). The Clerk is directed to enter judgment. Signed by Judge Victor J. Wolski.

Keywords: re:Pre-award bid protest; RCFC 12(b)(1); lack of subject matter jurisdiction; small business set-aside; 48 C.F.R. § 19.102(f); non-manufacturer rule; VA home healthcare oxygen; NAICS codes; moot due to changes in size standard regulations re: [38] Reported Order on Motion to Dismiss - Rule 12(b)(1).

14-100 • INNOVATIVE MANAGEMENT CONCEPTS, INC. v. USA

Filed 02/06/2014
REPORTED OPINION. Published version of sealed order, Docket No. 10. Signed by Judge Susan G. Braden.

Keywords: re: Best Value Procurement; Standard of Review re: United States Government Accountability Office; RCFC 12(b)(6) (failure to state a claim) Modified on 7/21/2014 (jt1).

98-419 • RESOURCE INVESTMENTS, et al v. USA

Filed 02/05/2014
PUBLISHED OPINION--Filed this date. Signed by Judge Lawrence J. Block.

Keywords: re:Fifth Amendment Takings; 28 U.S.C. § 1500; RCFC 12(b)(1), Subject Matter Jurisdiction re: [239] Reported Opinioin and Order on Motion to Dismiss - Rule 12(b)(1). (dls) Modified on 7/1/2014 (lld).

13-467 • TAYLOR v. USA

Filed 02/04/2014
REPORTED ORDER denying Motion to amend or alter the judgment dated January 7, 2014. Signed by Judge Marian Blank Horn.

Keywords: re: Pro Se Plaintiff; Motion for Reconsideration; Motion to Alter or Amend a Judgment. (dls) Modified on 7/22/2014 (jt1).

13-845 • CLARK v. USA

Filed 02/03/2014
REPORTED OPINION and ORDER granting Motion for Reconsideration - Rule 59(a); RESCINDING the court's direction to transfer the case; DENYING plaintiff's motion to transfer; and dismissing the complaint without prejudice. The Clerk is directed to enter judgment. Signed by Chief Judge Patricia E. Campbell-Smith.

Keywords: re: Pro se Plaintiff; Motion for Reconsideration, RCFC 59(a), RCFC 60; Transfer under 28 U.S.C. § 1631; Meaning of "court" under 28 U.S.C. § 610; Transfer to Tax Court Improper re: [14] Reported Opinion and Order on Motion for Reconsideration - Rule 59(a). (dls) Modified on 7/21/2014 (jt1).

12-860 • STAMMERJOHAN v. USA

Filed 01/31/2014
REPORTED ORDER denying Motion for Relief from Final Judgment. Signed by Judge Marian Blank Horn.

Keywords: re: Pro Se Plaintiff; Motion for Reconsideration; Motion for Relief from Final Judgment; RCFC 60(b). (lld) Modified on 7/10/2014 (jt1).

11-90 • MEIDL v. USA

Filed 01/30/2014
REPORTED OPINION denying Motion for Judgment on the Administrative Record; granting [27] Cross Motion. The Clerk is directed to enter judgment. Signed by Judge Susan G. Braden.

Keywords: re: 10 U.S.C. § 1201 (retirement or separation for physical disability);10 U.S.C. § 1216a(b) (medical conditions considered in disability determinations); 28 U.S.C. § 1491 (Tucker Act Jurisdiction); 32 C.F.R. § 581.3(c)(2)(iii) (ABCMR establishment and functions); Army Regulation 623-3 (evaluation reporting system); Army Regulation 623-105 (officer evaluation reporting system); Army Regulation 635-40 (physical evaluation for separation);Department of Defense Instruction 1332.38 (general criteria for making unfitness determinations); RCFC 52.1 (judgment on the administrativerecord); RCFC 52.2(a) (remand to administrative or executive body or official). (dw1) Modified on 7/1/2014 (lld).

10-733 • AEY,INC. v. USA

Filed 01/30/2014
PUBLISHED OPINION denying Motion to Dismiss - Rule 12(b)(6); denying [16] Motion for Summary Judgment as to Count I; denying [22] Cross-Motion for Summary Judgment as to Count I; granting [44] Motion to Amend Pleadings - Rule 15(b). Signed by Judge Charles F. Lettow.

Keywords: re: Contract case; counterclaims for forfeiture based on fraud and for penalties and damages on the False Claims Act; motion to amend reply to counterclaims; scope of Forfeiture Statute, 28 U.S.C. § 2514; material facts in dispute regarding waiver of Forfeiture Statute.

13-761 • HEBERT v. USA

Filed 01/28/2014
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1) and (6). The Clerk is directed to enter judgment. [This entry was redocketed for administrative purposes] Original entry date was 1/28/14. Signed by Judge Thomas C. Wheeler. (lld) Copy to parties. Modified on 2/11/2014

Keywords: re: Tax Refund Claim; Lack of Subject Matter Jurisdiction; Requirement for Payment of Tax and Filing of Administrative Claim; Failure to Allege a Money-Mandating Source of Law; No Jurisdiction of Claims Sounding in Tort.

05-1054 • K-CON BUILDING SYSTEMS, INC., v. USA

Filed 01/28/2014
REPORTED OPINION granting Motion to Dismiss-Rule 12(b)(1) and granting [76] Motion for Summary Judgment. Finding no just reason for delay, the clerk is directed to enter judgment against plaintiff on plaintiff's claims pursuant to RCFC 54(b). Joint Status Report regarding proceedings on defendant's counterclaim due by 2/28/2014. Signed by Judge Margaret M. Sweeney. (kb1)

Keywords: re:Motion to Dismiss; Motion for Summary Judgment; Contract to Design and Build Prefabricated Building; Contract Disputes Act of 1978; Validity of Contractor's Claim; Notice of Change re: [79] Order on Motion to Dismiss - Rule 12(b)(1), Order on Motion for Summary Judgment, Reported Opinion/Order.

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