USCFC General Jurisdiction-Reported

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17-835 • A SQUARED JOINT VENTURE v. USA

Filed 17 hours 21 min ago
REPORTED OPINION (Public). Signed by Senior Judge Nancy B. Firestone. (lb) Service on parties made.

Keywords: re: Reported Opinion: Bid Protest; Rational Procurement Cancellation; Lack of Bad Faith.

16-826 • MINISTERIO ROCA SOLIDA, INC. v. USA

Filed 11/20/2019
REPORTED OPINION granting in part and denying in part MOTION for Summary Judgment. Joint Proposed Pretrial Scheduling Report due by 12/2/2019. Signed by Judge Elaine D. Kaplan. (feb) Service on parties made.

Keywords re Opinion and Order on Motion for Summary Judgment: Fifth Amendment; Takings Clause; Takings Claim; Flooding; Summary Judgment; Causation; Foreseeability; Nevada Water Law; Vested Water Rights

19-498 • CONSTRUCTORA GUZMAN, S.A. v. USA

Filed 11/19/2019
REPORTED OPINION on MOTION to Dismiss filed by USA, granting in part and denying in part [10] Motion to Dismiss - Rule 12(b)(1) and (6). Answer due by 12/3/2019; Joint Preliminary Status Report due by 12/17/2019. Signed by Senior Judge Eric G. Bruggink. (wr) Service on parties made.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1) and (6), Reported Opinion, Contracts; payment bonds; 40 U.S.C. § 3131 (2018); 48 C.F.R. § 28.204 (2018); third-party beneficiary; retainage; implied-in-fact contract; motion to dismiss; failure to state a claim; subject-matter jurisdiction.

15-336 • ROCKY MOUNTAIN HELIUM, LLC v. USA

Filed 11/19/2019
REPORTED ORDER denying Motion for Reconsideration - Rule 54(b). The parties are requested to provide a proposed plan and schedule for proceedings to address damages on or before 12/13/2019. Signed by Senior Judge Charles F. Lettow. (lw) Modified on 11/19/2019 (tb). Modified to add 54

Keywords: re: Motion for reconsideration of decision granting summary judgment for plaintiff on liability in a remanded claim for breach of a settlement agreement; RCFC 54(b).

19-974 • CHROMALLOY SAN DIEGO CORPORATION v. USA

Filed 11/18/2019
REPORTED OPINION reissuing **SEALED**OPINION and ORDER for publication. Signed by Chief Judge Margaret M. Sweeney. (kb1)

Keywords: re: Reported Opinion -- Bid Protest; Proper Contents of the Administrative Record; Cross-Motions for Judgment on the Administrative Record; Challenge to Solicitation Requirements; Technical Data Rights; Standing; Waiver

17-1542 • LOCAL INITIATIVE HEALTH AUTHORITY FOR LOS ANGELES COUNTY v. USA

Filed 11/18/2019
REPORTED Order and Opinion on MOTION for Entry of Judgment under Rule 54(b) filed by LOCAL INITIATIVE HEALTH AUTHORITY FOR LOS ANGELES COUNTY granting in part and denying in part [40] Motion for Entry of Judgment under Rule 54(b) TheREPORTED Order and Opinion on [40] MOTION for Entry of Judgment under Rule 54(b) filed by LOCAL INITIATIVE HEALTH AUTHORITY FOR LOS ANGELES COUNTY granting in part and denying in part [40] Motion for Entry of Judgment under Rule 54(b) The Clerk is directed to enter partial judgment. Signed by Judge Thomas C. Wheeler. (sb) Service on parties made. (Main Document 46 replaced on 11/19/2019 to correct language in conclusion.) (dls). Clerk is directed to enter partial judgment. Signed by Judge Thomas C. Wheeler. (sb) Service on parties made. (Main Document 46 replaced on 11/19/2019 to correct language in conclusion.)

Keywords: re: Order on Motion for Entry of Judgment under Rule 54(b); Reported Opinion; Patient Protection and Affordable Care Act, §§ 1401, 1402, 1412; Rule 54(b) Partial Judgment; Cost Sharing Reductions; Statutory Interpretation; Plain Meaning; Appropriations; Implied-in-Fact Contract Created by Statute.

19-1565 • INSAP SERVICES, INC. v. USA

Filed 11/15/2019
REPORTED ORDER granting Motion to Dismiss - Rule 12(b)(1); denying as moot [2] Motion for TRO. Signed by Judge Thomas C. Wheeler. (nc) Service on parties made.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1), Order on Motion for TRO, Reported Order: Contract Bundling; Small Business; Task Order; Federal Acquisition Streamlining Act of 1994; 41 U.S.C. § 4106; Tucker Act; 28 U.S.C. § 1491; Subject-Matter Jurisdiction; RCFC 12(b)(1).

12-592 • QUAPAW TRIBE OF OKLAHOMA v. USA

Filed 11/14/2019
REPORTED ORDER Requiring the public disclosure of the parties' settlement agreement. Signed by Judge Thomas C. Wheeler. (nc) Service on parties made.

Keywords: re: Reported Order: Judicial Records; Public Disclosure; Settlement Agreement; Trial Court Discretion; 28 C.F.R. § 50.23; Congressional Reference Case; Hearing Officer; Indian Judgment Distribution Act; 25 U.S.C. § 1401.

12-431 • GOODEAGLE et al v. USA

Filed 11/14/2019
REPORTED ORDER Requiring the public disclosure of the parties' settlement agreement. Signed by Judge Thomas C. Wheeler. (nc) Service on parties made.

Keywords: re: Reported Order: Judicial Records; Public Disclosure; Settlement Agreement; Trial Court Discretion; 28 C.F.R. § 50.23; Congressional Reference Case; Hearing Officer; Indian Judgment Distribution Act; 25 U.S.C. § 1401.

18-1340 • YIFRACH v. USA

Filed 11/13/2019
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(6) The Clerk is directed to enter judgment. Signed by Judge Ryan T. Holte. (jln) Service on parties made.

Keywords: re: Breach of Contract; Actual Authority of Government Agents; Motion to Dismiss; Confidential Informant; RCFC 12(b)(6).

11-207 • PEDDEN v. USA

Filed 11/13/2019
REPORTED OPINION on MOTION to Dismiss pursuant to Rule 12(b)(6) filed by USA. Signed by Judge Richard A. Hertling. (ah) Service on parties made.

Keywords: re: Statutory Interpretation; Legislative Purpose; Arbitrary and Capricious; Promotion; Remand; 10 U.S.C. § 12207; RCFC 12(b)(6); Reported Opinion

19-1688 • THOMPSON v. USA

Filed 11/13/2019
REPORTED OPINION DISMISSING CASE. The Clerk is directed to enter judgment. Signed by Chief Judge Margaret M. Sweeney. (ac7) Service on parties made.

Keywords: re: Reported Opinion. Pro Se Plaintiff; Jurisdiction; Sua Sponte Dismissal.

19-1634 • BESS v. USA

Filed 11/12/2019
REPORTED OPINION: Plaintiff's case is DISMISSED WITHOUT PREJUDICE for lackof subject matter jurisdiction. The Clerk is directed to enter judgment. Signed by Chief Judge Margaret M. Sweeney. (ac7) Service on parties made. (Certified Mail #7018 2290 0000 5183 2592)

Pro Se Plaintiff; Sua Sponte Dismissal; Subject Matter Jurisdiction; RCFCl2(hX3); Proper Defendant; Civil Rights Claims; In Forma Pauperis.

19-1064 • HARMONIA HOLDINGS GROUP, LLC v. USA

Filed 11/12/2019
REPORTED PUBLIC OPINION denying Plaintiff's Motion for Preliminary Injunction; denying Plaintiff's MJAR; granting Intervenor's MJAR; granting Defendant's MJAR. Signed by Judge Elaine D. Kaplan. (arlr) Service on parties made.

Keywords: Bid Protest; Federal Supply Schedule; Market Research; Follow-on Contract; FAR Part 10; FAR 8.405-6(a)(1)(i)(C).

19-792 • ALASKA STRUCTURES, INC. v. USA

Filed 11/07/2019
REPORTED OPINION: Reissuing the opinion and order previously entered on October 30, 2019. No redactions were requested. Signed by Senior Judge Charles F. Lettow.

Keywords: re: Challenge to corrective action via a pre-award bid protest; basis for the Air Forces decision to take corrective action and issue a revised solicitation for bids; clarity of the terms of the revised solicitation

19-1378 • POPLAR POINT RBBR, LLC v. USA

Filed 11/06/2019
REPORTED ORDER (Public) Denying Motion to Complete the Administrative Record. (Original Order Filed Under Seal October 28, 2019, ECF No. 24). Signed by Senior Judge Nancy B. Firestone. (lb) Service on parties made.

Keywords: re: Reported Order. Bid Protest; Motion to Complete the Administrative Record; Deliberative Process Privilege.

18-357 • UTE INDIAN TRIBE OF THE UINTAH AND OURAY INDIAN RESERVATION v. USA

Filed 11/04/2019
REPORTED ORDER GRANTING plaintiff's Motion for Leave to File and GRANTING IN PART and DENYING IN PART [15] defendant's Motion to Dismiss. Defendant's motion to dismiss Counts 1 & 2 is GRANTED. Defendant's motion to dismiss Count 3 is DENIED; its summary judgment motion to dismiss Count 3, pursuant to the settlement agreements, is DENIED. Judgment on Counts 4 & 5 is RESERVED. Signed by Senior Judge Robert H. Hodges, Jr. (jb) Service on parties made.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1) and (6), Order on Motion for Partial Summary Judgment, and Order on Motion for Leave to File: Breach of Trust; Taking; Indian Tribal Claims; Indian Trust Accounting Statute; Continuing Claims Doctrine; Settlement Agreements; Statute of Limitations; Indian Claims Commission Act; Recognized Title; and Accounting Claims.

19-508 • LAND SHARK SHREDDING, LLC v. USA

Filed 11/02/2019
REPORTED OPINION. Signed by Senior Judge Marian Blank Horn. (jm5) Service on parties made.

Pre-Award Bid Protest; Motion to Dismiss; Failure to State a Claim; Lack of Subject Matter Jurisdiction; Service-Disabled Veteran-Owned Small Business Rule of Two Doctrine. Keywords: re: Reported Opinion

18-1484 • FARMER et al v. USA

Filed 10/31/2019
REPORTED OPINION granting in part and denying in part Motion to Partially Dismiss - Rule 12(b)(1) and (6). As there is no just reason for delay, pursuant to RCFC 54(b), the Clerk is directed to enter judgment DISMISSING Counts VII, VIII, and IX of plaintiffs' complaint for lack of subject matter jurisdiction, without prejudice. The clerk's office is directed to STAY this matter until further order of the court. Within forty-five days of the issuance of a decision by the Supreme Court of the United States in the matters of Land of Lincoln Mutual Health Insurance Co. v. United States, 892 F.3d 1184 (Fed. Cir. 2018), cert. granted, 139 S. Ct. 2744 (U.S. June 24, 2019) (No. 18-1038), and Moda Health Plan, Inc. v. United States, 892 F.3d 1311 (Fed. Cir. 2018), cert. granted, 139 S. Ct. 2743 (U.S. June 24, 2019) (No. 18-1028), consolidated under Maine Community Health Options v. United States, 729 F. Appx 939 (Fed. Cir. 2018), cert. granted, 139 S. Ct. 2743 (U.S. June 24, 2019)(No. 18-1023), the parties are directed to FILE a joint status report recommending a schedule for further proceedings in this case. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1) and (6), Reported Opinion. Claim for Payments under the Patient Protection and Affordable Care Act Reinsurance Program, 42 U.S.C. § 18061 (2012); Motion to Dismiss, RCFC 12(b)(1); Insolvent Health Insurer; No Jurisdiction Over State Law Claims; Stay Warranted Pending Supreme Court Review. (TQ)

18-1882 • COFFMAN SPECIALTIES, INC. v. USA

Filed 10/31/2019
REPORTED OPINION denying Motion to Dismiss - Rule 12(b)(6). Defendant is directed to FILE its answer to plaintiff's complaint, on or before 11/27/2019. 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). (TQ)

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