USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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15-1268 • DAWSON v. USA

Filed 04/10/2018
REPORTED OPINION granting in part and denying in part Motion for Partial Summary Judgment; granting in part and denying in part [73] Cross Motion. Signed by Senior Judge Marian Blank Horn. (td) Service on parties made.

Keywords: Fifth Amendment Taking; Rails to Trails; Fee Simple; Easement; Deed Interpretation; Adjacency; Motion to Strike.

17-1174 • TAHA et al v. USA

Filed 04/10/2018
REPORTED OPINION and ORDER granting Motion to Dismiss - Rule 12(b)(1); denying [17] Motion to Strike. The Clerk is directed to enter judgment. Signed by Judge Charles F. Lettow. (dls) Service on parties made. (Plaintiffs served via certified mail; Article No. 7016 3010 0000 4308 4607)

Keywords: re: Claims for tax refunds; tax paid on shareholder's portion of Subchapter S corporation's income that was reported but never received by shareholder; applicability of limitations periods on refund claims and suits: I.R.C. §§ 6511, 6532.

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

Filed 04/09/2018
REPORTED MEMORANDUM OPINION AND FINAL ORDER. Signed by Chief Judge Susan G. Braden. (Attachments: # (1) Exhibit Court Exhibit A)(cn) Service on parties made.

Keywords: re: Reported Order; 5 U.S.C. § 706 (Administrative ProcedureAct, Scope of Judicial Review); 28 U.S.C. § 1491(b)(1) (United States Court of Federal Claims Bid Protest Jurisdiction); 41 U.S.C. §§ 355156 (Competition In Contracting Act Of 1984); 48 C.F.R. §§ 1.102-2 (Performance Standards); 8.405-2 (Order Procedures For Services Requiring A Statement Of Work); 8.405-3 (Blanket Purchase Agreements); 14.101 (Elements Of Sealed Bidding); 15.101-1 (Tradeoff Process); 15.308 (Source Selection Decision); and Rules of the United States Court of Federal Claims 24(a)(2) (Intervention Of Right); 52.1 (Motion for Judgment on the Administrative Record).

13-130 • ALMANZA v. USA

Filed 04/09/2018
REPORTED OPINION granting in part and denying in part Motion for Attorney Fees. The Clerk is directed to enter judgment. Signed by Judge Elaine D. Kaplan. (bh) Service on parties made.

Keywords: re: Attorneys' Fees; Lodestar; Avera; Davis County Exception; FLSA; Reasonable and Necessary Expenses.

17-350 • PARKER v. USA

Filed 04/06/2018
REPORTED OPINION granting in part and denying in part Motion for Attorney Fees. The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler. (ab) Service on parties made.

Keywords: re: Fair Labor Standards Act, Attorneys Fees; 29 U.S.C. § 216(b); Offer of Judgment; Burden of Proof; Billing Records.

16-49 • BAUDE v. USA

Filed 04/06/2018
REPORTED OPINION and ORDER denying Motion for Summary Judgment; granting [46] Motion for Judgment on the Administrative Record; granting in part and denying in part [46] Motion to Dismiss - Rule 12(b)(1) and (6). The Clerk is directed to enter judgment. Signed by Senior Judge Edward J. Damich. (CF) Service on parties made.

Keywords: re: Motion to Dismiss; Motion for Judgment on the Administrative Record; RCFC 52.1; RCFC 12(b)(1); RCFC 12(b)(6); Subject Matter Jurisdiction; Failure to State a Claim; 10 U.S.C. § 637; 10 U.S.C. § 632; 10 U.S.C. § 1558; 37 U.S.C. § 204; 10 U.S.C. § 638a; 10 U.S.C. § 691; 31 U.S.C. § 1341; AFI 36-2501; DoDI 1320.11; DoDI 1320.08; AFBCMR; Justiciability; Exhaustion; Special Board; Selective Continuation Board. (CF)

17-1623 • GREENE v. USA

Filed 04/05/2018
Opinion and Order: granting Motion for Leave to Proceed in forma pauperis; granting [7] Motion to Dismiss - Rule 12(b)(1) and (6); REPORTED OPINION The Clerk is directed to enter judgment. Signed by Judge Lydia Kay Griggsby. (ac7) Service on parties made.

Keywords: Prose, RCFC 12(b)(l); RCFC 12(b)(6); Subject-Matter Jurisdiction; Failure To State A Claim; Money-Mandating Source Of Law; In Forma Pauperis; HabeasCorpus; Breach Of Contract.

18-92 • VETERANS CONTRACTING GROUP, INC. v. USA

Filed 04/05/2018
REPORTED OPINION and ORDER reflecting no redactions from the opinion and order entered under seal on April 4, 2018. Signed by Judge Charles F. Lettow.

Keywords: re: Pre-award bid protest; relitigation; res judicata; inapplicability of the rule of two

17-812 • COOPER v. USA

Filed 04/04/2018
REPORTED OPINION: Granting Motion to Dismiss - Rule 12(b)(1); The Clerk is directed to enter judgment. Signed by Judge Patricia E. Campbell-Smith. (vds) Service on parties made. U.S. Certified Mail Tracking# 7017 1450 0000 1346 0980

Keywords: Motion to Dismiss; Lack of Subject Matter Jurisdiction; RCFC 12(b)(l); RCFC 12(h)(3).

17-657 • BECHTEL NATIONAL, INC. v. USA

Filed 04/03/2018
REPORTED OPINION denying Motion for Summary Judgment; granting [15] Cross Motion. The Clerk is directed to enter judgment. Signed by Judge Elaine D. Kaplan. (bh) Service on parties made.

Keywords: re: Breach of Contract; Contractor Costs; Allowability; Geren v. Tecom, Inc.

18-86 • DZSP 21, LLC v. USA

Filed 03/29/2018
REPORTED OPINION and ORDER reflecting redactions from the opinion and order entered under seal on March 22, 2018. Signed by Judge Charles F. Lettow.

Keywords: re: Post-award bid protest; supplementation of the administrative record; completion of the administrative record; challenges to the agency's evaluation of the competing offerors' proffered pricing; factors affecting declaratory and injunctive relief

13-307 • GOLDEN v. USA

Filed 03/29/2018
REPORTED OPINION granting in part and denying in part Motion to Dismiss; and denying [124] Motion for Leave to File a Motion for Summary Judgment. Signed by Chief Judge Susan G. Braden. (Main Document 130 replaced on 4/2/2018 to combine exhibit with main document for administrative purposes)

Keywords: re: Reported Opinion, 45 C.F.R. § 75.435(h) (Uniform Administrative Requirements); 48 C.F.R. § 2.lOl(b) (Federal Acquisition Regulations Definitions); 28 U.S.C. §§ 1491(a) (Tucker Act Jurisdiction), 1498(a) (Patent Infringement Jurisdiction), 1927 (Liability for Excessive Costs); 31 U.S.C. §§ 6303 (Using Procurement Contracts), 6304 (Using Grant Agreements), 6305 (Using Cooperative Agreements); 35 U.S.C. §§ 102 (Novelty), 103 (Obviousness), 111(a),(b) (Application for Patent), 120 (Benefit of Earlier Filing Date), 251 (Reissue of Defective Patents), 252 (Effect of Reissue); Manual of Patent Examining Procedure (9th ed. 2015); and Rule of the United States Court of Federal Claims 12(b)(1) (Jurisdiction), 12(b)(6) (Failure to State a Claim), 12(h)(3) (Lack of Subject-Matter Jurisdiction), 15(a) (Amendments Before Trial), 41(b) (Dismissal of Actions), 56(e), (f) (Summary Judgment).

18-204 • FMS INVESTMENT CORP. v. USA

Filed 03/29/2018
REPORTED OPINION granting Motion to Disqualify. Signed by Judge Thomas C. Wheeler. (mg) Service on parties made.

Keywords: re: Post-Award Bid Protest; Department of Education Loan Collections; Motion to Disqualify Counsel; ABA Model Rule 1.7; Concurrent Conflict of Interest.

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

Filed 03/28/2018
REPORTED ORDER REGARDING TEST PROPERTY SELECTION. Signed by Chief Judge Susan G. Braden. (cn) Service on parties made.

18-433 • ACETRIS HEALTH, LLC v. USA

Filed 03/28/2018
REPORTED OPINION denying Motion for a Temporary Restraining Order and for a Preliminary Injunction. Joint Status Report due by 4/6/2018. Signed by Judge Margaret M. Sweeney. (kb1)

Keywords: re: Order on Motion for TRO, Order on Motion for Preliminary Injunction, Reported Opinion -- Preaward Bid Protest; Motion for a Temporary Restraining Order and a Preliminary Injunction; Contract to Provide Entecavir Tablets; Procuring Agency Interpretation of Solicitation's Trade Agreements Clause; Country-of-Origin Determination; Exclusive Jurisdiction of the United States Court of International Trade

17-1250 • IRON BOW TECHNOLOGIES, LLC v. USA

Filed 03/27/2018
REPORTED MEMORANDUM OPINION AND ORDER. Signed by Judge Lydia Kay Griggsby. (atw) Service on parties made.

16-371 • SCHULENBURG et al v. USA

Filed 03/26/2018
REPORTED OPINION granting in part and denying in part Motion for Partial Summary Judgment; denying [37] Cross Motion. Status Report due by 4/16/2018. Signed by Judge Mary Ellen Coster Williams. (nm) Service on parties made.

Keywords: re: Summary Judgment; Class Action; Fifth Amendment Takings; National Trails System Act; 16 U.S.C. § 1247(d); Ind. Rev. Stat. ch. 23 § 12 (1852); Ind. Code § 321212; Ind. Rev. Stat. ch. 23 § 14 (1852); Ind. Code § 32-5-12-4; Ind. Code § 32-23-11-6; Fee Simple; Right-of-Way; Creation of Easement Under Indiana Law; Centerline Presumption.

17-1480 • ALABAMA POWER COMPANY v. USA

Filed 03/26/2018
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(6). Defendant shall file its Answer or otherwise respond to the remaining allegations of the complaint on or before 4/26/2018. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(6), Reported Opinion. Motion to Dismiss; RCFC 12(b)(6); Collateral Estoppel; Covenant of GoodFaith and Fair Dealing. (TQ)

17-1481 • GEORGIA POWER COMPANY v. USA

Filed 03/26/2018
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(6). Defendant shall FILE its Answer or otherwise respond to the remaining allegations of the complaint on or before 4/26/2018. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(6), Reported Opinion. Motion to Dismiss; RCFC 12(b)(6); Collateral Estoppel; Covenant of Good Faith and Fair Dealing. (TQ)

17-1492 • GEORGIA POWER COMPANY v. USA

Filed 03/26/2018
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(6). Defendant shall FILE its Answer or otherwise respond to the remaining allegations of the complaint on or before 4/26/2018. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(6), Reported Opinion. Motion to Dismiss; RCFC 12(b)(6); Collateral Estoppel; Covenant of Good Faith and Fair Dealing. (TQ)

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