USCFC General Jurisdiction-Reported

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12-484 • FASTSHIP, LLC v. USA

Filed 04/07/2021
REPORTED OPINION. Signed by Senior Judge Charles F. Lettow.

Keywords: re: Reported Opinion: Patent case; prevailing plaintiffs claim for attorneys fees and expenses; 28 U.S.C. § 1498(a); lack of substantial justification for governments position; attorneys fees and expenses.

17-738 • MENDU v. USA

Filed 04/07/2021
REPORTED OPINION denying Motion to Dismiss - Rule 12(b)(1); denying [34] Cross Motion and RESPONSE to [30] Motion to Dismiss; denying [47] Motion to Voluntarily Dismiss - Rule 41(a); Parties shall submit a Joint Status Report by 4/21/2021. Signed by Judge Eleni M. Roumel. (rt16) Service on parties made.

20-1936 • ROCKY MOUNTAIN MOBILE MEDICAL v. USA

Filed 04/06/2021
REPORTED OPINION (reissuance of March 18, 2021 Opinion for publication). Signed by Senior Judge Eric G. Bruggink. (hem) Service on parties made. Modified on 4/10/2021 to add text re: reissuance for publication.

Keywords: re: Reported Opinion: Bid protest; Pre-award bid protest; FAR 13.106-3(a) (2008); Exchanges; Best value determination.

20-343 • NYAN v. USA

Filed 04/05/2021
***VACATED Pursuant to Court Order of July 13, 2021*** REPORTED OPINION denying [12] government's Motion for Judgment on the Administrative Record; granting [13] Plaintiff's Cross Motion; denying [14] Plaintiff's Motion to Supplement the Administrative Record. The Clerk is directed to enter judgment. Signed by Chief Judge Elaine D. Kaplan. (arlr) Service on parties made. Modified on 7/14/2021 to indicate order was vacated

21-836 • HARMONIA HOLDINGS GROUP, LLC v. USA

Filed 04/05/2021
REPORTED PUBLIC OPINION denying Planitiff's MJAR and granting the government's MJAR. Signed by Chief Judge Elaine D. Kaplan. (arlr) Service on parties made.

17-934 • MAIL TRANSPORTATION, INC. et al v. USA

Filed 03/31/2021
REPORTED ORDER denying Motion to Supplement the Administrative Record; denying [92] Motion to Supplement the Administrative Record; granting in part and denying in part [104] Motion to Supplement the Administrative Record; (Notice of Compliance due by 4/15/2021, Response due by 4/29/2021). Signed by Senior Judge Victor J. Wolski. (vds) Service on parties made. (Main Document 129 replaced on 4/1/2021)

20-354 • ASSOCIATED MORTGAGE BANKERS INC. v. USA

Filed 03/31/2021
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1) The Clerk is directed to enter judgment. Signed by Judge Zachary N. Somers. (ktm) Service on parties made.

19-236 • HIRSCH v. USA

Filed 03/31/2021
REPORTED OPINION. The Court grants the defendant's motion for judgment on the administrative record and denies the plaintiff's motion for judgment on the administrative record. The Court will issue an order in accordance with this memorandum opinion. Signed by Judge Richard A. Hertling. (dhf) Service on parties made.

20-1078 • XTEC, INC. v. USA

Filed 03/30/2021
REPORTED MEMORANDUM OPINION AND ORDER denying XTec's Motion For Judgment Upon the Administrative Record; denying XTec's Motion To Supplement The Administrative Record; granting the Government's and Guidehouse's Partial Motions To Dismiss and Cross-Motions For Judgment Upon The Administrative Record; denying XTec's Motions For A Temporary Restraining Order And For A Preliminary Injunction; and dismissing the complaint. Signed by Judge Lydia Kay Griggsby. (jw) Service on parties made.

Keywords: Post-Award Bid Protest; Judgment Upon the Administrative Record; RCFC 52.1; RCFC 12(b)(1); Subject-Matter Jurisdiction; Motion To Supplement The Administrative Record; Best Value, re: Reported Memorandum Opinion and Order.

21-896 • MICROGENICS CORPORATION v. USA

Filed 03/30/2021
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1); granting [28] Motion to Dismiss - Rule 12(b)(1). The Clerk is directed to enter judgment. Signed by Senior Judge Charles F. Lettow.

Keywords: re: Reported Opinion, Order on Motion to Dismiss - Rule 12(b)(1): Post-award protest of a contract issued by the Administrative Office of the United States Courts; jurisdiction; 28 U.S.C. § 1491(b)(1); 28 U.S.C. § 451.

20-1460 • EL BEY v. USA

Filed 03/26/2021
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(6); denying [14] Motion for Default Judgment. The Clerk is directed to enter judgment. Signed by Judge Thompson M. Dietz. (tgd) Service on parties made; plaintiff served via U.S. mail.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(6), Order on Motion for Default Judgment, Pro se, Failure to State a Claim, Copyright Infringement

20-1539 • NAVAL SYSTEMS, INC. v. USA

Filed 03/26/2021
REPORTED OPINION: The Court grants in-part and denies in-part NSI's Motion to Supplement the Administrative Record; grants [25] USA's Motion for Judgment on the Administrative Record; and denies [26] NSI's Motion for Judgment oREPORTED OPINION: The Court grants in-part and denies in-part [21] NSI's Motion to Supplement the Administrative Record; grants [25] USA's Motion for Judgment on the Administrative Record; and denies [26] NSI's Motion for Judgment on the Administrative Record. The Clerk is directed to enter judgment for the United States. Signed by Judge Matthew H. Solomson. (rag) Service on parties made.n the Administrative Record. The Clerk is directed to enter judgment for the United States. Signed by Judge Matthew H. Solomson. (rag) Service on parties made.

20-1459 • EL BEY v. USA

Filed 03/26/2021
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(6); denying [12] Motion for Default Judgment. The Clerk is directed to enter judgment. Signed by Judge Thompson M. Dietz. (tgd) Service on parties made; plaintiff served via U.S. mail.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(6), Order on Motion for Default Judgment, Pro se, Failure to State a Claim, Copyright Infringement

17-540 • MELSON v. USA

Filed 03/25/2021
REPORTED OPINION AND ORDER denying MOTION to Dismiss - Rule 12(b)(1); Joint Status Report due by 4/29/2021). Signed by Judge Edward H. Meyers. (pyk) Service on parties made. Modified docket text on 3/25/2021

19-471 • ATS FORD DRIVE INVESTMENT, LLC et al

Filed 03/23/2021
REPORTED OPINION denying Motion for Partial Summary Judgment, and granting in part and denying in part [65] Cross-Motion for Partial Summary Judgment. Updated Notice identifying plaintiffs in Group 1 and Group 3 due by 4/6/2021. Joint Status Report regarding proceedings for Group 3 and Pressly claim 72 due by 4/6/2021. Signed by Senior Judge Margaret M. Sweeney. (kb1)

Keywords: re: Order on Motion for Partial Summary Judgment,, Order on Cross Motion [Dispositive],, Reported Opinion, -- Trails Act; Indiana Law; Property Interest Conveyed via Release Executed Pursuant to Railroad Companys Legislative Charter; Fee Simple Versus Easement; Cross-Motions for Summary Judgment; Request to Certify Questions to the Indiana Supreme Court; Indiana Supreme Courts Adherence to Its Prior Rulings

18-1961 • OLDHAM et al v. USA

Filed 03/23/2021
REPORTED OPINION denying Motion for Partial Summary Judgment, and granting in part and denying in part [42] Cross-Motion for Partial Summary Judgment. Updated Notice identifying plaintiffs in Group 1 and Group 3 due by 4/6/2021. Joint Status Report regarding proceedings for Group 3 and Pressly claim 72 due by 4/6/2021. Signed by Senior Judge Margaret M. Sweeney. (kb1)

Keywords: re: Order on Motion for Partial Summary Judgment,, Order on Cross Motion [Dispositive],, Reported Opinion, -- Trails Act; Indiana Law; Property Interest Conveyed via Release Executed Pursuant to Railroad Companys Legislative Charter; Fee Simple Versus Easement; Cross-Motions for Summary Judgment; Request to Certify Questions to the Indiana Supreme Court; Indiana Supreme Courts Adherence to Its Prior Rulings

16-1545 • PENNA et al v. USA

Filed 03/23/2021
REPORTED OPINION: The government's RCFC 52(c) motion for judgment on partial findings is GRANTED. Additionally, the Court sanctions Plaintiffs' counsel for discovery violations. The government and Plaintiffs' counsel shall endeavor to stipulate to the awarded costs, expenses, attorney's fees, and a payment schedule (if warranted), and, if they so agree, shall file a joint statement listing the amount of such items with the court no later than 4/6/2021. In the event that the government and Plaintiffs' counsel are unable to agree, the government shall file with the court a bill of their costs, expenses, and attorney's fees, together with any necessary explanation or supporting documentation, on or before 4/9/2021. Plaintiffs' counsel shall then file his response no later than 4/23/2021. Following a determination of fees, costs, and expenses, an appropriate order will be entered in this matter, instructing the Clerk to enter judgment for defendant, the United States. Signed by Judge Matthew H. Solomson. (rag) Service on parties made. Modified font of text on 3/23/2021

19-400 • BRADLEY et al v. USA

Filed 03/23/2021
REPORTED OPINION denying Motion for Partial Summary Judgment, and granting in part and denying in part [60] Cross-Motion for Partial Summary Judgment. Updated Notice identifying plaintiffs in Group 1 and Group 3 due by 4/6/2021. Joint Status Report regarding proceedings for Group 3 and Pressly claim 72 due by 4/6/2021. Signed by Senior Judge Margaret M. Sweeney. (kb1)

Keywords: re: Order on Motion for Partial Summary Judgment,, Order on Cross Motion [Dispositive],, Reported Opinion, -- Trails Act; Indiana Law; Property Interest Conveyed via Release Executed Pursuant to Railroad Companys Legislative Charter; Fee Simple Versus Easement; Cross-Motions for Summary Judgment; Request to Certify Questions to the Indiana Supreme Court; Indiana Supreme Courts Adherence to Its Prior Rulings

18-1964 • PRESSLY et al v. USA

Filed 03/23/2021
REPORTED OPINION denying Motion for Partial Summary Judgment, and granting in part and denying in part [54] Cross-Motion for Partial Summary Judgment. Updated Notice identifying plaintiffs in Group 1 and Group 3 due by 4/6/2021. Joint Status Report regarding proceedings for Group 3 and Pressly claim 72 due by 4/6/2021. Signed by Senior Judge Margaret M. Sweeney. (kb1)

Keywords: re: Order on Motion for Partial Summary Judgment,, Order on Cross Motion [Dispositive],, Reported Opinion, -- Trails Act; Indiana Law; Property Interest Conveyed via Release Executed Pursuant to Railroad Companys Legislative Charter; Fee Simple Versus Easement; Cross-Motions for Summary Judgment; Request to Certify Questions to the Indiana Supreme Court; Indiana Supreme Courts Adherence to Its Prior Rulings

20-1173 • STONE

Filed 03/22/2021
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1) and (6); granting [2] Motion for Leave to Proceed in forma pauperis; denying [30] Motion to Add an Addendum. The Clerk is directed to enter judgment. Signed by Judge Thompson M. Dietz. (brs) Service on parties made.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1) and (6), Order on Motion for Leave to Proceed in forma pauperis, Administrative Procedure Act, Privacy Act, False Imprisonment, Personal Injury, Eight Amendment Violation, Order on Motion to Add an Addendum, Reported Opinion.

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