USCFC General Jurisdiction-Reported

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12-95L • CITY OF FORD, et al. V. THE UNITED STATES

Filed 07/31/2012
National Trails System Act, 16 U.S.C. § 1241 et seq. (2006); Fifth Amendment Takings Claim; Abandonment Governed by Federal Law; Taking Pursuant to Issuance of NITU. Signed by Judge Wheeler.

10-617C • JOHN DOE and KENNETH EARMAN V. THE UNITED STATES

Filed 07/30/2012
Conservation Security Program, 16 U.S.C. §§ 3838-3838c (2006); Subject Matter Jurisdiction, RCFC 12(b)(1); Exhaustion of Administrative Remedies. Signed by Judge Bush.

09-306C • RAYTHEON COMPANY V. THE UNITED STATES OF AMERICA

Filed 07/26/2012
Motion for Reconsideration, RCFC 59; CDA Statute of Limitations, 41 U.S.C. § 7103(a)(4)(A); Claim Accrual, 48 C.F.R. § 33.201; Knowledge of Potential Claim; Contracting Officer’s Final Decision Signed by Judge Hodges.

12-263C • EDGAR SEARCY V. THE UNITED STATES

Filed 07/25/2012
Federal Tort Claims Act Statute of Limitations, 28 U.S.C. § 2401 (2006); U.S. Const. amend. IV; Pro Se; Transfer, 28 U.S.C. § 1631 (2006); Tucker Act Jurisdiction, 28 U.S.C. § 1491 (2006); 31 U.S.C. § 3723 (2006) Signed by Judge Braden.

11-666C • JAMES ANTONELLIS V. THE UNITED STATES

Filed 07/23/2012
Motion to dismiss; jurisdiction; Failure to state a claim; Military Pay Act; Tucker Act; back pay; reservist; Selection boards; nonjusticiable Signed by Judge Damich.

12-202C • RICHARD M. GABLE V. THE UNITED STATES

Filed 07/23/2012
Americans with Disabilities Act of 1990, Pub. L. No. 101-336, 104 Stat. 327; Federal Tort Claims Act, Pub. L. No. 79-601, §§ 401-24, 60 Stat. 812 (1946); Motion to Dismiss, RCFC 12(b)(1); Pro Se; Transfer, 28 U.S.C. § 1631 (2006); Tucker Act Jurisdiction, 28 U.S.C. § 1491 (2006); U.S. Const. amend. VI. Signed by Judge Braden.

10-540C • CANVS CORPORATION V. THE UNITED STATES

Filed 07/23/2012
Insufficiency of Claim Construction Chart and Claim Construction Statement; Order for Briefing on Amendment of a Claim Chart; Order for Briefing on “a Timely Showing of Good Cause”; Order for Revised Expert Report and Claim Construction Statement Signed by Judge Hewitt.

09-42L • ANNA F. NORDHUS FAMILY TRUST, et al. V. THE UNITED STATES

Filed 07/20/2012
National Trails System Act, 16 U.S.C. § 1241 et seq. (2006); Fifth Amendment Takings Claim; Appropriate Measure of Just Compensation; Fencing Costs. Signed by Judge Wheeler.

04-106C • DAIRYLAND POWER COOPERATIVE V. THE UNITED STATES

Filed 07/20/2012
Spent Nuclear Fuel; Private Fuel Storage; Motion to Reconsider Signed by Judge Damich.

09-844C & 10-741C • SIKORSKY AIRCRAFT CORPORATION V. UNITED STATES

Filed 07/18/2012
Motions by the government for partial summary judgment upon plaintiff’s affirmative defenses of statute of limitations and accord and satisfaction; accrual of a claim under FAR § 33.201 for purposes of the Contract Dispute Act’s six-year statute of limitations, 41 U.S.C. § 7103(a)(4)(A); Crown Coat Front Co. v. United States, 386 U.S. 503(1967); meeting of the minds required for formation of an accord and satisfaction; conflicting evidence respecting a meeting of the minds Signed by Judge Lettow.

11-718C • GLENN DEFENSE MARINE (ASIA), PTE LTD. V. UNITED STATES

Filed 07/17/2012
Post-Award Bid Protest; Past Performance Evaluation; Best Value Trade-Off Analysis. Signed by Judge Horn.

11-784C • ARRIVALSTAR S.A. and MELVINO TECHNOLOGIES LIMITED V. THE UNITED STATES

Filed 07/17/2012
Patent case; E-discovery management order; Timing of e-discovery; Presumptive limits on email productions for custodians and searches; Clawback provisions under Fed. R. Evid. 502; Provisions dealing with assertion of privilege; Format for production. Signed by Judge Allegra.

12-122C • McTECH CORPORATION V. UNITED STATES

Filed 07/16/2012
Pre-award bid protest; corrective action announced after plaintiff moved for judgment on the administrative record; supplemental complaint challenging reasonableness of corrective action; defendant’s motion to dismiss premised upon mootness; whether meaningful relief remains available Signed by Judge Lettow.

09-75L • KLAMATH TRIBE CLAIMS COMMITTEE V. THE UNITED STATES

Filed 07/16/2012
Tribal claims; RCFC 19 – joinder question; Tribal sovereign immunity; RCFC 19(b) – whether absence of sovereign, which cannot be joined in suit and declines invitation to intervene, requires dismissal; Provident; Lack of alternative remedy for plaintiff; Impact of sovereign immunity – Pimentel; Potential for conflicting claims; Inability of United States to represent Tribe’s interest; No way to lessen prejudice associated with proceeding; Dismissal warranted. Signed by Judge Allegra.

10-422C • ALBERT J. KIPPLE V. THE UNITED STATES

Filed 07/16/2012
Jurisdiction; illegal exaction; promissory note; student loan Signed by Judge Bruggink.

05-448C • RAYTHEON COMPANY V. THE UNITED STATES

Filed 07/16/2012
Contract Disputes Act (“CDA”) claims; Cost Accounting Standards (“CAS”) segment closing adjustments, 48 C.F.R. § 9904.413-50(c)(12); Segment closing adjustments not barred by standard FAR 42.1204(i) form novation agreement absent express language otherwise; CAS 413-50(c)(5) requires “readily determinable data” and assumptions supported by facts; Portions of segments are not themselves segments under CAS 413-30(a)(19); Jurisdiction over government claims for equitable adjustments and set-offs is lacking without a final contracting officer’s decision under 41 U.S.C. § 605(a). Signed by Judge Firestone.

11-857L • TRINCO INVESTMENT COMPANY, and KATHLEEN G. ROSE, TRUSTEE OF THE V&M ROSE – MARITAL TRUST V. THE UNITED STATES

Filed 07/16/2012
Fifth Amendment Taking; Motion to Dismiss, RCFC 12(b)(6); Fire Prevention Liability; Background Principles of Law Limiting Compensation, Lucas v. S.C. Coastal Council Signed by Judge Futey.

11-596C • DAVID MARK RIVERA V. THE UNITED STATES

Filed 07/12/2012
Jurisdiction, RCFC 12(b)(1), RCFC 12(b)(6); Pro Se; “Redemption”; “Sovereign Citizen Movement”; 28 U.S.C. § 2042 (2006); 31 U.S.C. §§ 1321(b)(1), 1322 (2006). Signed by Judge Braden.

07-678 C • SYSTEM PLANNING CORPORATION V. THE UNITED STATES

Filed 07/12/2012
Contract Disputes Act; Rights to Payment Contained in Option Clause Do Not Accrue Where Option Was Never Exercised by the Government Signed by Judge Hewitt.

11-740C • CBY DESIGN BUILDERS V. THE UNITED STATES

Filed 07/11/2012
Bid protest; granting plaintiff’s motion to amend protective order; use of information for other protests concerning same procurement; government already allowed unrestricted use of information; leveling playing field; avoiding waste of paper; equal treatment of government and private counsel. Signed by Judge Wolski.

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