USCFC General Jurisdiction-Reported

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07-157C & 07-167C • PACIFIC GAS AND ELECTRIC COMPANY, et al. V. THE UNITED STATES

Filed 05/02/2012
Trial, Breach of Contract, California Power Crisis Signed by Judge Smith.

09-351C • KELLOGG BROWN & ROOT SERVICES, INC. V. THE UNITED STATES

Filed 05/02/2012
Contracts; Contract Disputes Act, 41 U.S.C.A. §§ 7101-09 (2006); equitable adjustment; cost-reasonableness determination; trial; provision of DFAC (dining facility) services to troops in Iraq; cost-plus award-fee for government contract; fixed-price contract for subcontractor-provider; counterclaim under the Anti-Kickback Act, 41 U.S.C. §§ 53, 55 (2006); counterclaim for common law fraud (recission and disgorgement). Signed by Judge Miller, C..

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

Filed 05/02/2012
Spent Nuclear Fuel; Mitigation Damages; Private Fuel Storage; Causation; Reasonableness of Mitigation Signed by Judge Damich.

06-466C • DISTRIBUTED SOLUTIONS, INC., et al. V. THE UNITED STATES

Filed 05/02/2012
Protest of pre-procurement decisions made in connection with determining a need for property or services. Signed by Judge Merow.

00-512L • PETRO-HUNT, L.L.C. V. THE UNITED STATES

Filed 05/02/2012
Takings action; Motion to dismiss under RCFC 12(b)(1); 28 U.S.C. § 1500; Judicial takings; Supplemental pleading under RCFC 15(d); Portions of complaint dismissed. Signed by Judge Allegra.

07-341T • FILLMORE EQUIPMENT OF HOLLAND, INC., et al. V. UNITED STATES

Filed 04/30/2012
RCFC 54(b) Judgment on Multiple Claims or Involving Multiple Parties; RCFC 59(a) Reconsideration; RCFC 60(b)(6) Relief from a Final Judgment, Order, or Proceeding; Res Judicata; Law of the Case. Signed by Judge Horn.

09-173L • LONGNECKER PROPERTY, et al. V. UNITED STATES

Filed 04/30/2012
Fifth Amendment Taking; Rails to Trails; Scope of the Easements; Railbanking. Signed by Judge Horn.

06-827C • PROCHAZKA V. THE UNITED STATES

Filed 04/30/2012
Correction of Military Records, 28 U.S.C. § 1491(a)(2) (2006); Defense Officer Personnel Management Act, Pub. L. No. 96-513, 94 Stat. 2835 (1980); Manual of Navy Officers Manpower and Personnel Classifications (“NAVPERSCOM”) 158391, Vol. I (Sept. 25, 2009); Military Pay Act, 10 U.S.C. § 1552 (2006); NAVMILPERSCOM Notice 1821; SECNAVINST 1821.1; Tucker Act, 28 U.S.C. § 1491(a)(1) (2006); 10 U.S.C. § 101(b)(10) (2006) (defining “original appointment” in the same manner as 10 U.S.C. § 101(35) (1964)); 10 U.S.C. § 634(a) (2006) (Navy retirement required after “30 years of active commissioned service”); 10 U.S.C. §§ 1401-09 (2006) (method of computing “monthly military retirement pay”); 10 U.S.C. § 1556 (2006) (requiring notice of communications between the BCNR and the Navy); 10 U.S.C. § 5404 (1964) (listing “staff corps”); 10 U.S.C. § 5578(a) (1970) (repealed 1981) (three year minimum service credit for a JAGC officer); 10 U.S.C. §§ 6376-81 (1964) (repealed 1981); 10 U.S.C. § 6382(b) (1964) (repealed 1981) (discharge for failure to obtain promotion); 10 U.S.C. § 6388 (1964) (amended 1968) (prior Navy definition of “total commissioned service”); 10 U.S.C. § 6388(a) (1976) (repealed 1981) (amended Navy definition of “total commissioned service” in the Supply and Engineers staff corps); 10 U.S.C. § 6388(b) (1976) (repealed 1981) (amended Navy definition of “total commissioned service” in most staff corps). Signed by Judge Braden.

06-827C • FRANK J. PROCHAZKA V. THE UNITED STATES

Filed 04/30/2012
Correction of Military Records, 28 U.S.C. § 1491(a)(2) (2006); Defense Officer Personnel Management Act, Pub. L. No. 96-513, 94 Stat. 2835 (1980); Manual of Navy Officers Manpower and Personnel Classifications (“NAVPERSCOM”) 158391, Vol. I (Sept. 25, 2009); Military Pay Act, 10 U.S.C. § 1552 (2006); NAVMILPERSCOM Notice 1821; SECNAVINST 1821.1; Tucker Act, 28 U.S.C. § 1491(a)(1) (2006); 10 U.S.C. § 101(b)(10) (2006) (defining “original appointment” in the same manner as 10 U.S.C. § 101(35) (1964)); 10 U.S.C. § 634(a) (2006) (Navy retirement required after “30 years of active commissioned service”); 10 U.S.C. §§ 1401-09 (2006) (method of computing “monthly military retirement pay”); 10 U.S.C. § 1556 (2006) (requiring notice of communications between the BCNR and the Navy); 10 U.S.C. § 5404 (1964) (listing “staff corps”); 10 U.S.C. § 5578(a) (1970) (repealed 1981) (three year minimum service credit for a JAGC officer); 10 U.S.C. §§ 6376-81 (1964) (repealed 1981); 10 U.S.C. § 6382(b) (1964) (repealed 1981) (discharge for failure to obtain promotion); 10 U.S.C. § 6388 (1964) (amended 1968) (prior Navy definition of “total commissioned service”); 10 U.S.C. § 6388(a) (1976) (repealed 1981) (amended Navy definition of “total commissioned service” in the Supply and Engineers staff corps); 10 U.S.C. § 6388(b) (1976) (repealed 1981) (amended Navy definition of “total commissioned service” in most staff corps). Signed by Judge Braden.

12-148C • CALIFORNIA INDUSTRIAL FACILITIES RESOURCES, INC. V. THE UNITED STATES

Filed 04/30/2012
Motion to Strike Exhibit Attached to Complaint That Was Not Subsequently Included in the Administrative Record Signed by Judge Sweeney.

09-742T • JOHN R. GORSKI and JEAN A. GORSKI V. THE UNITED STATES

Filed 04/30/2012
Tax Refund Claim, 26 U.S.C. § 7422(a); Casualty Loss, 26 U.S.C. § 165(c); Issue Preclusion. Signed by Judge Braden.

12-131C • BAYFIRST SOLUTIONS, LLC, V. THE UNITED STATES

Filed 04/30/2012
Pre-Award Bid Protest; 41 U.S.C.A. § 4106(f) (West, Westlaw through P.L. 112-81); Standing; Lack of Jurisdiction over Challenge to Proposed Issuance of a Task Order, Except for Challenge to Scope of Proposed Task Order; Agency Cancellation of Solicitation Not Arbitrary. Signed by Judge Bush.

10-583C • THREE S CONSULTING V. THE UNITED STATES

Filed 04/27/2012
Post-Award Bid Protest; Standing to Challenge Award; Interested Party; Definition of Federal Procurement; Government Official’s Authority to Bind the Government Signed by Judge Firestone.

07-680C and 09-576C • 5860 CHICAGO RIDGE, LLC, V. THE UNITED STATES

Filed 04/27/2012
Government contracts; Trial; Lease of office building; Termination for default; Nature of government’s burden of proof in termination for default; Must defendant prove material breach?; Repeated leaks at building impacted defendant’s ability to enjoy and use building, warranting default; Problems with heating and air conditioning inadequately documented; Reprocurement costs disallowed; Property tax adjustment clause; Rent reductions overstated. Signed by Judge Allegra.

11-773C • MIDWEST TUBE FABRICATORS, INC. V. UNITED STATES

Filed 04/27/2012
Supplementation of the administrative record in a post-award bid protest; gap in the administrative record attributable in substantial part to the Marine Corps’ use of truncated procurement procedures available under FAR Part 13 Signed by Judge Lettow.

09-103L • Daniel and Kathy HAGGART on their own behalf and on behalf of a class of others similarly situated V. UNITED STATES

Filed 04/26/2012
Rails-to-trails case; over 500 opt-in plaintiffs; division of previously certified class into subclasses under RCFC 23(c)(5) Signed by Judge Lettow.

12-249C • OMNIPLEX WORLD SERVICES CORP. V. THE UNITED STATES

Filed 04/24/2012
Protective Order: Granting-in-Part and Denying-in-Part Defendant’s Motion to Amend Protective Order. Signed by Judge Hewitt.

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

Filed 04/23/2012
Availability of Sanctions Under RCFC 16(f); Untimely Filings Under the Court’s Rules and Orders; Expense Shifting Under RCFC 37(a)(5); Government Entitled to Reasonable Expenses Including Attorney’s Fees Signed by Judge Hewitt.

11-878C • MARY V. SIEBEN V. THE UNITED STATES

Filed 04/20/2012
Rule 5.2; motion to seal Signed by Judge Damich.

09-171V • ZENORIA PHILLIPS-DELOATCH, As Personal Representative of the Estate of MOSHELLA F. ROBERTS V. SECRETARY OF HEALTH AND HUMAN SERVICES

Filed 04/20/2012
Vaccine case; Petition for mandamus to review order by special master denying discovery; Availability of mandamus to review discovery orders; Petition denied. Signed by Judge Allegra.

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