USCFC General Jurisdiction-Reported

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U.S. Court of Federal Claims Opinions
Updated: 10 months 1 week ago

17-1088 • QUESADA v. USA

Filed 03/20/2018
Opinion and Order: granting Motion for Leave to Proceed in forma pauperis; granting [10] Motion to Dismiss - Rule 12(b)(1); REPORTED OPINION The Clerk is directed to enter judgment. Signed by Judge Margaret M. Sweeney. (ac7) Service on parties made.

Keywords: Military Disability Retirement Pay, 10 U.S.C. § 1201; Military Retirement Pay, 10 U.S.C. §§ 1176, 3914, 3929, 3991; Physical Disability Review Board, 10 U.S.C.§ 1554a; RCFC 12(b)(l); Money-Mandating Statutes; Statute of Limitations, 28 U.S.C.§ 2501; Claim Accrual; Physical Evaluation Board; Discharge Date; Effect of Correction Board Proceedings

18-310 • CONERLY v. USA

Filed 03/20/2018
REPORTED Order denying Motion for Leave to Proceed in forma pauperis; and dismissing plaintiff's complaint for lack of jurisdiction. The Clerk is directed to enter judgment. Signed by Senior Judge Loren A. Smith. (dls) Service on parties made. (Plaintiff served via certified mail; Article No. 7016 3010 0000 4308 4478)

Keywords: re: Pro Se; Lack of Subject Matter Jurisdiction; In Forma Pauperis Application.

18-1 • IAN, EVAN & ALEXANDER CORPORATION v. USA

Filed 03/19/2018
REPORTED OPINION. Signed by Senior Judge Marian Blank Horn. (td) Service on parties made.

Keywords: Bid Protest; Request for Injunctive Relief; Cross-Motions for Judgment on the Administrative Record; Motion to Dismiss; Competition in Contracting Act; Out-of-Scope Modification.

15-207 • COAST PROFESSIONAL, INC. v. USA

Filed 03/14/2018
REPORTED OPINION and ORDER granting Motion to Dismiss - Rule 12(b)(1) and (6). Signed by Judge Thomas C. Wheeler. (ab) Service on parties made.

Keywords: re: Agencys Voluntary Corrective Action; RCFC 12(b)(1) and 12(b)(6) Motion to Dismiss; Mootness; Bid Preparation and Proposal Costs.

16-1691 • CITY OF WILMINGTON, DELAWARE v. USA

Filed 03/14/2018
REPORTED ORDER denying Motion for Judgment on the Pleadings; denying [17] Motion for Judgment on the Pleadings; the parties shall file a joint proposed schedule for further proceedings by 3/23/2018. Signed by Judge Mary Ellen Coster Williams. (zp) Service on parties made.

Keywords: re: Order on Motion for Judgment on the Pleadings, Judgment on the Pleadings; Sovereign Immunity; Waiver; Exhaustion; Clean Water Act, 33 U.S.C. § 1323; Interest; Reported Order,

17-1982 • SKC, LLC v. USA

Filed 03/14/2018
REPORTED OPINION AND ORDER reflecting no redactions from the opinion and order entered under seal on March 9, 2018. Signed by Judge Charles F. Lettow. (je) Modified on 3/14/2018 to edit docket text

Keywords: re: Reported Order: Protest of a sole-source procurement under SBA's Section 8(a) Program; 15 U.S.C. §§ 631-37, 644; 13 C.F.R. §§ 124.1 to 124.704; exception to full and open competition; absence of clear intent to award the contract as a competitive small business set aside; 13 C.F.R. § 124.504(a); new requirement; 13 C.F.R. § 124.504(e)(1)(ii)(c).

17-1875 • GLOBAL DYNAMICS, LLC v. USA

Filed 03/14/2018
REPORTED OPINION of the court's February 27, 2018 opinion, ECF No. [61], which was issued under seal. The parties were invited to identify source selection, proprietary or confidential material subject to deletion on the basis that the material was protected/privileged, on or before 3/14/2018. On 3/13/2018, the parties notified the court that they had no proposed redactions to the court's opinion of February 27, 2018. See ECF No. [68]. Thus, the sealed and public versions of this opinion are identical, except for the publication date and this footnote. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made.

Keywords: re: Order on Motion for Judgment on the Admin. Record, Order on Cross Motion [Dispositive], Sealed Opinion/Order, [69] Reported Opinion. Bid Protest; Sole-Source Bridge Contract; Challenge to GAO Decision; Doctrine of Laches. (TQ)

14-183 • IDEKER FARMS, INC., et al v. USA

Filed 03/13/2018
REPORTED TRIAL OPINION: Granting plaintiffs' motion for leave to join additional parties (footnote 75); Granting [396] plaintiffs' motion to strike exhibit 1 to US' response to plaintiffs' post-trial brief (footnote 1). Originally filed under seal [422].Signed by Senior Judge Nancy B. Firestone. (dpk) Service on parties made. Modified on 3/20/2018 - corrected typographical error (jt1).

Keywords: re: Reported Opinion, Fifth Amendment Taking; MissouriRiver; Flooding; Liability; Causation; Foreseeability; and Severity.

17-1843 • HESTER v. USA

Filed 03/13/2018
REPORTED OPINION and ORDER: granting Motion to Dismiss - Rule 12(b)(1) and denying [16] Motion or disbursement of funds. The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler. (ar) Service on parties made.

Keywords: re: Rule l 2(b )(I) Motion to Dismiss for Lack of Subject MatterJurisdiction; Individually Named Defendants; Constitutional Claims;Motion to Disburse Social Security Benefits.

17-1749 • ACI-SCC JV et al v. USA

Filed 03/12/2018
REPORTED OPINION and ORDER dismissing case. The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler. (mg) Service on parties made.

Keywords: re: Dismissal With Prejudice; Motion to Intervene; Privity of Contract; Mootness; Army Corps of Engineers; ASBCA; Contract Disputes Act, 41 U.S.C. § 7104; Anti-Assignment Act, 41 U.S.C. § 6305; Trusteeship; Judicial Assignment of Rights; Federal Preemption.

15-986 • BRATCHER et al v. USA

Filed 03/09/2018
REPORTED OPINION granting in part and denying in part Motion for Attorney Fees. Joint Status Report due by 3/23/2018. Signed by Judge Elaine D. Kaplan. (bl) Service on parties made.

Keywords: re: Order on Motion for Attorney Fees; Reported Opinion; Rails-to-Trails; Fifth Amendment Takings Clause; Uniform Relocation Assistance and Real Property Acquisition Policies Act; 42 U.S.C. § 4654; Attorney Fees; Fee Shifting; Forum Rate; Davis County Exception.

15-371 • WAVERLEY VIEW INVESTORS, LLC v. USA

Filed 03/08/2018
REPORTED OPINION The Clerk is directed to enter judgment. Signed by Chief Judge Susan G. Braden. (jf) Service on parties made. (Main Document 113 replaced on 3/8/2018 to correct typo in PDF)

Keywords: re: Declaration of Takings Act, 40 U.S.C. § 3116 (2012);Just Compensation.

17-928 • MEISSNER et al v. USA

Filed 03/08/2018
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1). The Clerk is directed to enter judgment. Signed by Judge Marian Blank Horn. (dls) Service on parties made. (Plaintiff served via certified mail; Article No. 7016 3010 0000 4308 4355)

Keywords: re: Tax; Motion to Dismiss; RCFC 12(b)(1).

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

Filed 03/07/2018
REPORTED ORDER granting in part and denying in part Motion to Compel; on [231] MOTION to Compel Discovery filed by MERCED POWER, LLC, AMPERSAND CHOWCHILLA BIOMASS, LLC. Signed by Judge Mary Ellen Coster Williams. (zp) Service on parties made.

Keywords: re: Order on Motion to Compel, Motion to Compel; Expert Invoices; Privilege; In Camera Review; 26 U.S.C. § 6103(h)(2); 26 C.F.R. § 301.9000-3(a, Reported Order,

18-49 • GENERAL DYNAMICS MISSION SYSTEMS, INC. v. USA

Filed 03/07/2018
REPORTED OPINION AND TEMPORARY RESTRAINING ORDER. Signed by Chief Judge Susan G. Braden. (bs) Service on parties made.

Keywords: re: Reported Opinion: Rule of the United States Court of Federal Claims 24(a)(2) (Intervention of Right); 65(b) (Temporary Restraining Order); 65(c) (Security Bond).

18-204 • FMS INVESTMENT CORP. v. USA

Filed 03/06/2018
REPORTED OPINION granting Motion for Preliminary Injunction, and granting Motions for Preliminary Injunctions in Case Nos. 18-206C, 18-208C, and 18-246C. Signed by Judge Thomas C. Wheeler. (mg) Service on parties made.

Keywords: re: Post-Award Bid Protest; Department of Education Loan Collections; Motion for Preliminary Injunction; Likelihood of Success on the Merits; Irreparable Harm; Balance of Hardships; Public Interests; 28 U.S.C. § 1491(b); RCFC 65(d); Granting Injunctive Relief.

17-1329 • ERNST & YOUNG, LLP v. USA

Filed 03/05/2018
REPORTED OPINION Status Report due by 5/24/2018. Signed by Chief Judge Susan G. Braden. (jf) Service on parties made.

13-1023 • MW BUILDERS, INC. v. USA

Filed 03/05/2018
REPORTED OPINION denying Motion to Alter or Amend Judgment. Signed by Chief Judge Susan G. Braden. (bs) Service on parties made.

Keywords: re: Order on Motion to Alter Judgment, Reported Opinion: Rules Of The United States Court Of Federal Claims 52(b) (Amended Or Additional Findings), 59(a) (Grounds For New Trial Or Reconsideration; Further Action After Trial), 59(e) (Motion To Alter Or Amend Judgment); Tucker Act Jurisdiction, 28 U.S.C. § 1491 (2012).

17-9002 • IN RE DOWNSTREAM ADDICKS AND BARKER (TEXAS) FLOOD-CONTROL RESERVOIRS v. USA

Filed 03/02/2018
REPORTED ORDER: Plaintiffs' Response to the Government's February 20, 2018 Motion To Dismiss due by 3/20/2018. Status Conference set for 4/13/2018 10:00 AM in Courtroom in Houston, Texas before Chief Judge Susan G. Braden. Signed by Chief Judge Susan G. Braden. (cn) Service on parties made.

13-719 • HATMAKER v. USA

Filed 03/01/2018
REPORTED OPINION denying Motion to Supplement the Administrative Record; denying [75] Motion for Judgment on the Administrative Record; granting [85] Motion for Judgment on the Administrative Record. The Clerk is directed to ENTER final judgment for defendant DISMISSING plaintiff's complaint, WITH PREJUDICE. No costs. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made.

Keywords: re: Order on Motion to Supplement the Administrative Record, Order on Motion for Judgment on the Admin. Record; Reported Opinion. Military Disability Retirement Pay; Substantial Evidence Supports Boards Denial of Relief on Second Remand. (TQ)

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