USCFC General Jurisdiction-Reported

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18-1322 • GREGORY v. USA

Filed 10/31/2020
REPORTED OPINION on MOTION for Judgment on the Administrative Record, [29] CROSS MOTION; denying [27] Motion for Judgment on the Administrative Record; denying [29] Cross Motion. Signed by Senior Judge Marian Blank Horn. (kee) Service on parties made.

Keywords: re: Reported Opinion: Military Pay; Disability; Veterans Administration Schedule for Rating Disabilities; Cross-Motions for Judgment on the Administrative Record; Remand; Standard of Review.

20-1211 • SUPERIOR OPTICAL LABS, INC. v. USA

Filed 10/30/2020
REPORTED OPINION. Reissuing with proposed redactions. Signed by Judge Thomas C. Wheeler. (aak) Service on parties made. Modified text on 10/30/2020

Keywords: re Reported Order: Bid Protest; Motion for Judgment on the Administrative Record; Motion for Permanent Injunction; Veterans Benefits, Health Care, and Information Technology Act of 2006; 38 U.S.C. 8127; Rule of Two; SDVOSB and VOSB setasides; AbilityOne program; Department of Veteran Affairs Contracting Preference Consistency Act; Small Business Set Aside; Statutory Interpretation; Chevron Deference; Veterans Integrated Service Networks. (aak) Modified file date on 11/5/2020 (ead).

18-1784 • LABONTE v. USA

Filed 10/30/2020
REPORTED OPINION. As to the plaintiff's claim for disability retirement, his complaint fails to state a claim upon which relief can be granted and must be dismissed under RCFC 12(b)(6). With the claim under the Military Pay Act dismissed, the Court does not have jurisdiction over the plaintiff's fifth amendment claim, which must be dismissed pursuant to RCFC 12(b)(1) and 12(h)(3). The parties' cross-motions for judgment on the administrative record are denied as moot. The Court will issue an order in accordance with this opinion. Signed by Judge Richard A. Hertling. (dhf) Service on parties made.

Keywords: re: Reported Opinion, Motion to Dismiss; Jurisdiction; Failure to State a Claim; Rule 12(b)(1); Rule 12(b)(6); 10 U.S.C. § 1201; Military Disability Retirement; Court-Martial; 10 U.S.C. § 1552(f)

14-513 • THALES VISIONIX, INC. v. USA

Filed 10/30/2020
Reported Claim Construction Opinion and Order. Signed by Judge Ryan T. Holte. (scf) Service on parties made.

Reported Opinion Keywords: Patent infringement; claim construction; Markman hearing; plain and ordinary meaning; prosecution disclaimer.

15-1307 • CELLCAST TECHNOLOGIES, LLC et al v. USA

Filed 10/29/2020
Reported Claim Construction Opinion and Order. Signed by Judge Ryan T. Holte. (yg) Service on parties made.

Keywords: patent infringement; claim construction; Markman hearing; plain and ordinary meaning; means-plus-function; 35 U.S.C § 112(f).

19-53 • GAYNOR v. USA

Filed 10/28/2020
REPORTED OPINION AND ORDER: Granting Motion to Dismiss - Rule 12(b)(1). Plaintiff's First Amended Complaint hereby is dismissed pursuant to RCFC 12(b)(1). The Clerk is directed to enter judgment. Signed by Judge Matthew H. Solomson. (sew) Service on parties made.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1), Reported Opinion. Tax refund claim; I.R.C. § 7422(a); I.R.C. § 6038; payment in full; penalties; administrative refund claim; notice of disallowance; six-month waiting period; IRS Form 5471; RCFC 12(b)(1).

19-946 • EHREN-HAUS INDUSTRIES, INC. v. USA

Filed 10/28/2020
REPORTED OPINION granting in part and denying in part Motion for Protective Order. Signed by Senior Judge Charles F. Lettow.

Keywords: re: motion for protective order limiting breadth of deposition notices; RCFC 30(b)(6); relevancy; undue burden or expense.

20-692 • GLOCOMS, INC. v. USA

Filed 10/28/2020
REPORTED OPINION: Reflecting redactions to opinion and order issued 10/19/20. Signed by Senior Judge Charles F. Lettow. (hlk) Modified on 10/28/2020 to correct issued date

Keywords: re Reported Opinion: post-award bid protest; best-value procurement; challenges to the Army's comparative evaluation of pertinent factors governing the procurement.

18-266 • SILVER STATE SOLAR POWER SOUTH, LLC v. USA

Filed 10/27/2020
REPORTED UNSEALED ORDER denying Motion for Partial Summary Judgment filed by USA. Signed by Judge David A. Tapp. (emc) Service on parties made.

Keywords: re: Order on Motion for Partial Summary Judgment, Reported Order: American Recovery and Reinvestment Tax Act § 1603, I.R.C. § 1060, Intangible Assets, Tangible Property, Specified Energy Property, Partial Summary Judgment.

19-1805 • SAVANTAGE FINANCIAL SERVICES, INC. v. USA

Filed 10/26/2020
REPORTED OPINION. Reissued public opinion of the Court's October 16, 2020 sealed opinion denying the plaintiff's motion for judgment on the administrative record, denying the defendant's motion for partial dismissal, and granting the defendant's cross-motion for judgment on the administrative record. Signed by Judge Richard A. Hertling. (naw) Service on parties made.

Keywords: re: Reported Opinion, Pre-Award Bid Protest; Cross-Motions for Judgment on the Administrative Record; RCFC 52.1; Motion to Dismiss; Competition in Contracting Act; Unduly Restrictive Requirements; Prejudice

18-412 • CHEROKEE GENERAL CORPORATION v. USA

Filed 10/23/2020
REPORTED OPINION on CROSS MOTION and RESPONSE to [54] Motion for Summary Judgment, filed by CHEROKEE GENERAL CORPORATION, filed by USA, [55] MOTION for Summary Judgment Sealed Exhibit 3 filed by CHEROKEE GENERAL CORPORATION, [54] MOTION for Summary Judgment filed by CHEROKEE GENERAL CORPORATION, denying [54] Motion for Summary Judgment; granting in part and denying in part [59] Cross Motion. Joint proposed pretrial schedule due by 11/23/2020. Signed by Judge Elaine D. Kaplan. (tjd) Service on parties made.

Keywords: re: Motion for Summary Judgment; Breach of Contract; Contracting Officer Final Decision; Contract Disputes Act; Default Termination; Conversion to Termination for Convenience; Constructive Changes; Differing Site Conditions

19-594 • HASSAY v. USA

Filed 10/23/2020
REPORTED OPINION denying Government's Motion for Judgment on the Administrative Record; granting Plaintiff's Cross MJAR; denying as moot Motion to Supplement the Administrative Record. Signed by Judge Elaine D. Kaplan. (arlr) Service on parties made.

Keywords: re: Reported Opinion, 10 U.S.C.§ 1204; Military Disability Pay; Board for the Correction of Naval Records; Arbitrary, Capricious, Abuse of Discretion; Substantial Evidence; Post-Traumatic Stress Disorder; Department of Defense Guidance on PTSD and Military Sexual Trauma; Kurta Memo; Hagel Memo; Wilkie Memo.

20-161 • ALL STACKED UP MASONRY, INC. v. USA

Filed 10/22/2020
REPORTED OPINION Granting Motion to Dismiss - Rule 12(b)(6) The Clerk is directed to enter judgment. Signed by Judge David A. Tapp. (jm) Service on parties made.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(6), Motion to Dismiss; RCFC 12(b)(6); payroll tax; tax penalty abatement; reasonable cause; willful neglect; informal claim doctrine; 26 U.S.C. § 6511; 26 U.S.C. § 3403; 26 U.S.C. § 6651(a); 26 U.S.C. § 6656(a).

17-1812 • GIESECKE & DEVRIENT GMBH v. USA

Filed 10/22/2020
REPORTED OPINION AND ORDER. Unsealed version of 168: staying 140 Motion for Attorney Fees and vacating this court's Order of 1/24/20. Joint Status Report due by 11/13/2020. Signed by Judge Ryan T. Holte. (tjw) Service on parties made.

Keywords: re: Reported Opinion and Order. Patent Infringement; Motion for Attorneys' Fees; 35 U.S.C. § 285; 28 U.S.C. § 1498; Jurisdiction.

13-402 • ALTA WIND I OWNER LESSOR C et al v. USA

Filed 10/21/2020
REPORTED OPINION denying Motion to Dismiss - Rule 12(b)(1); denying [257] Motion for Leave to File Opinion and Order. Signed by Judge Ryan T. Holte. (scf) Service on parties made. Modified on 10/22/2020 - corrected minor typographical error (jt1).

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1), Order on Motion for Leave to File. Motion to Dismiss; RCFC 12(b)(1); RCFC 12(h)(3); Subject Matter Jurisdiction; Indemnification; Article III standing; Injury in Fact; Redressability (scf) Modified on 10/22/2020 to change Rule to RCFC (tb).

19-1816 • GULLEY v. USA

Filed 10/19/2020
REPORTED OPINION AND ORDER: Granting Motion to Dismiss - Rule 12(b)(1) and (6). The Complaint hereby is dismissed pursuant to RCFC 12(b)(1) or, in the alternative, pursuant to RCFC 12(b)(6). No costs. The Clerk is directed to enter judgment. Signed by Judge Matthew H. Solomson. (sew) Service on parties made; plaintiff served via U.S. mail.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1) and (6), Reported Opinion. RCFC 12(b)(1); RCFC 12(b)(6); RCFC 12(h)(3); RCFC 10(a); RCFC 41(b); mootness; failure to prosecute; Tucker Act claims; illegal exaction claims; money-mandating claims; takings claims; federal education loan discharge.

19-1390 • JKB SOLUTIONS AND SERVICES, LLC. v. USA

Filed 10/16/2020
REPORTED OPINION granting Defendant's Motion for Summary Judgment; denying as moot [34] Plaintiff's Cross-Motion for Summary Judgment. The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler. (nc) Service on parties made.

Keywords re Order on Motion for Summary Judgment, Order on Cross Motion [Dispositive]: Motion for Summary Judgment; Tucker Act; Breach of Contract; Task Order; Termination for Convenience; Partial Termination for Convenience; Constructive Termination for Convenience; Termination for Convenience Damages.

19-284 • BREWER v. USA

Filed 10/08/2020
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1) and (6); and denying [26] Motion for Partial Summary Judgment. The clerk's office as directed to enter final judgment DISMISSING plaintiff's amended complaint for lack prosecution pursuant to RCFC 41(b) with prejudice. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made; plaintiff served via U.S. mail.

Keywords: Reported Opinion, Pro Se Complaint; Motion to Dismiss; RCFC 41(b); RCFC 83.1; Unrepresented Entity; Limited Liability Company. (TQ)

19-612 • PACIFIC WIND LLC v. USA

Filed 10/06/2020
REPORTED OPINION on MOTION to Dismiss pursuant to Rule 12(b)(1) filed by USA denying [16] Motion to Dismiss - Rule 12(b)(1). Signed by Judge Thomas C. Wheeler. (sb) Service on parties made.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1), Reported Opinion, Subject-Matter Jurisdiction, The American Recovery and Reinvestment Act of 2009 Section 1603, Article III Standing; Motion to Dismiss, RCFC 12(b)(1), Redressability, Direct Economic Interest; Injury in Fact, Indemnification Agreement.

20-449 • ASSET PROTECTION & SECURITY SERVICES, L.P. v. USA

Filed 10/01/2020
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1); granting [24] Motion to Dismiss - Rule 12(b)(1). Signed by Senior Judge Marian Blank Horn. (jm5) Service on parties made.

Post-Award Bid Protest; Motion to Dismiss; Standing; Trade-Off Analysis. Keywords: re: Reported Opinion

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