USCFC General Jurisdiction-Reported

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12-197C • 360TRAINING.COM, INC. V. THE UNITED STATES

Filed 06/07/2013
EAJA, 28 U.S.C. § 2412(d)(1)(A); substantial justification. Signed by Judge Damich.

12-374C and 12-377C • AEROPLATE CORP., a California corporation V. THE UNITED STATES

Filed 06/07/2013
Motion to Intervene by Judgment Creditor for Limited Purpose of Filing a Notice of Lien; RCFC 24; Antiassignment Act, 31 U.S.C. § 3727 Signed by Judge Sweeney.

11-253C • ROBERT E. PEARL V. UNITED STATES OF AMERICA

Filed 06/07/2013
RCFC 52.1; RCFC 12(b)(6); Military disability pay; 10 U.S.C. § 1201; 10 U.S.C. §1203; Arbitrary and capricious; Substantial evidence Signed by Judge Block.

11-84C • LIBERTY AMMUNITION, LLC V. UNITED STATES

Filed 06/07/2013
Patent case; claim construction for United States Patent No. 7,748,325 Signed by Judge Lettow.

12-486C • PHILIP L. ANDERSON, et al. V. THE UNITED STATES

Filed 06/06/2013
Military Pay; Nonjusticiable Challenge to Merits of Allegedly Wrongful Discharges; No Violation of Statute, Regulation or Procedure; Rights to Due Process and Equal Protection Under the Fifth Amendment Not Violated. Signed by Judge Bush.

12-694C • ADVANCED AMERICAN CONSTRUCTION, INC. V. THE UNITED STATES

Filed 06/05/2013
Pre-Award Bid Protest; Post-Award Bid Protest; Standing; Blue & Gold Fleet; Documented Market Research; 8(a) Business Development Program; FAR 10.001; FAR 10.002; FAR 19.805-1; Special Standards of Responsibility. Signed by Judge Bush.

12-463C • COMMAND MANAGEMENT SERVICES, INC. V. THE UNITED STATES

Filed 06/04/2013
Bid protest; Conflicts Of Interest; Federal Acquisition Regulations 3.101-1 (avoiding conflicts of interest) 3.104-2(b)(3) (post-employment restrictions) 3.104-7(e)(1) (“proprietary or source selection sensitive information”) 9.504(c) (“organization conflict of interest, unequal access”); Procurement Integrity Act, 41 U.S.C. § 423, now cited as 41 U.S.C. §§ 2101-06 (prohibitions against disclosing procurement information and restrictions on employment); RCFC 24(a)(2) (intervention as a matter of right); RCFC 52.1 (Judgment on the Administrative Record); Supplementation of the Administrative Record. Signed by Judge Braden.

05-281C • UNISYS CORPORATION V. THE UNITED STATES

Filed 06/03/2013
Original Cost Account Standards (“CAS”) segment closing adjustment obligation; CAS 413.50(c)(12); calculation of Teledyne share; Retrospective IPG contracts; government cost participation in fixed-price incentive contracts Signed by Judge Firestone.

12-64C • CREWZERS FIRE CREW TRANSPORT, INC. V. THE UNITED STATES

Filed 05/31/2013
Blanket Purchase Agreements; Contract Disputes Act, 41 U.S.C. §§ 601-13 (2006), as amended and codified at 41 U.S.C. §§ 7101-7109; Federal Acquisition Regulations, 48 C.F.R. § 2.101 (definition of contracts); 48 C.F.R. § 2.201 (contract clause); 48 C.F.R. § 13.004 (effect of quotations); 48 C.F.R. § 13.303 (blanket purchase agreements); 48 C.F.R. § 52.212-4 (terminations for convenience); Motion to Dismiss, RCFC 12(b)(1), 12(b)(6); Tucker Act, 28 U.S.C. § 1491(a)(1). Signed by Judge Braden.

11-607C • CREWZERS FIRE CREW TRANSPORT, INC. V. THE UNITED STATES

Filed 05/31/2013
Blanket Purchase Agreements; Contract Disputes Act, 41 U.S.C. §§ 601-13 (2006), as amended and codified at 41 U.S.C. §§ 7101-7109; Federal Acquisition Regulations, 48 C.F.R. § 2.101 (definition of contracts); 48 C.F.R. § 2.201 (contract clause); 48 C.F.R. § 13.004 (effect of quotations); 48 C.F.R. § 13.303 (blanket purchase agreements); 48 C.F.R. § 52.212-4(m) (termination for convenience); Motion to Dismiss, RCFC 12(b)(1), 12(b)(6); Tucker Act, 28 U.S.C. § 1491(a)(1). Signed by Judge Braden.

12-117C • MARY B. STANTON V. THE UNITED STATES

Filed 05/31/2013
Military Pay Act, 37 U.S.C. § 204; Motion to Supplement the Administrative Record Signed by Judge Damich.

12-440C • MICHAEL B. VOLK V. THE UNITED STATES

Filed 05/30/2013
Former Navy SEAL Challenges Revocation of His SEAL Navy Enlisted Classification (NEC) Signed by Judge Hewitt.

11-538C • MG ALTUS APACHE COMPANY V. THE UNITED STATES

Filed 05/30/2013
Post-award Bid Protest; Supplementation of the Court Record; Nonresponsibility Determination; Joint Venture; De Facto Debarment; Due Process; National Security. Signed by Judge Williams.

11-543L • LONE STAR INDUSTRIES, INC. V. THE UNITED STATES

Filed 05/30/2013
United States Court of Federal Claims Rules 12(b)(6), 59, 60; Motion for New Trial or to Alter or Amend Judgment; Fifth Amendment Taking; LA. CIV. CODE ANN. art. 690, et seq.; Property Interest; Predial Servitude. Signed by Judge Williams.

06-167L • OTAY MESA PROPERTY, L.P., et al. V. THE UNITED STATES

Filed 05/30/2013
Fifth Amendment Taking; U.S. Border Patrol’s Use of Seismic Intrusion Sensors on Plaintiffs’ Property; Risk to Plaintiffs that Property Could Not Be Used for Mitigation Purposes Under California Land Use Law; Fair and Reasonable Determination of Damages. Signed by Judge Wheeler.

12-646L • VANE MINERALS (US), LLC V. THE UNITED STATES

Filed 05/29/2013
28 U.S.C. § 1500 (2006); RCFC 12(b)(1) (motion to dismiss for lack of subject matter jurisdiction). Signed by Judge Braden.

07-374C • AMERICAN CONTRACTORS INDEMNITY COMPANY V. THE UNITED STATES

Filed 05/29/2013
Small Business Administration; Surety Bond; 13 C.F.R. § 115.19; Prior Approval Surety; Sham Affidavit; Summary Judgment Signed by Judge Sweeney.

13-144C • CHAMELEON INTEGRATED SERVICES, INC. V. UNITED STATES

Filed 05/29/2013
Bid protest; Federal Acquisition Streamlining Act; task order contract; STARS II GWAC. Signed by Judge Bruggink.

08-745C • ROSA D. BONEWELL V. THE UNITED STATES

Filed 05/29/2013
RCFC 52.1(c); Survivor Benefit Plan, 10 U.S.C. §§ 1447-1455; Former Spouse Election; Office of Personnel Management v. Richmond; Substantial Compliance With Statute and Regulations; Injustice; Bad Faith; Inducement Signed by Judge Sweeney.

12-250C • SANDRA CHARNETSKI V. THE UNITED STATES

Filed 05/29/2013
Motion to Dismiss; Jurisdiction; Civilian Employment; Social Security Administration; Gradual Retirement Program; Breach of Contract; Intentional Interference With Contractual Relations; Transfer Signed by Judge Sweeney.

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