USCFC General Jurisdiction-Reported

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22-366 • C&E SERVICES, INC. v. USA

Filed 05/23/2022
REPORTED OPINION of the court's April 28, 2022 **SEALED**OPINION and ORDER denying [31] MOTION for Preliminary Injunction Renewed filed by C&E SERVICES, INC. No redactions were proposed by the parties, see [40]. Thus, the sealed and the public versions of this opinion are identical, except for the publication date and this footnote. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made.

Keywords: Reported Opinion and Order, Competition in Contracting Act; 31 U.S.C. § 3553; Stay of Performance; Preliminary Injunction; Bid Protest. (TQ)

18-52 • PERFECT FORM MANUFACTURING LLC v. USA

Filed 05/20/2022
REPORTED OPINION on MOTION for Summary Judgment filed by PERFECT FORM MANUFACTURING LLC, [57] CROSS MOTION and RESPONSE to [54] Motion for Summary Judgment filed by PERFECT FORM MANUFACTURING LLC filed by USA denying [54] Motion for Summary Judgment; granting [57] Cross Motion. The Clerk is directed to enter judgment. Signed by Judge Edward H. Meyers. (rmc) Service on parties made.

21-1897 • NEWIMAR, S.A. v. USA

Filed 05/19/2022
REPORTED OPINION (reissued for publication of SEALED MEMORANDUM AND ORDER denying [40] Plaintiff's Motion for Judgment on the Administrative Record (MJAR), and granting [47] Defendant's Cross-MJAR and [48] Intervenor-Defendant's Cross-MJAR). Signed by Judge Eleni M. Roumel. (rt16) Service on parties made.

19-339 • CULLY CORPORATION v. USA

Filed 05/19/2022
ORDER AMENDING (Opinion Denying Summary Judgment Motions) sua sponte. Signed by Judge David A. Tapp. (emc) Service on parties made.

21-1017 • BERRY v. USA

Filed 05/18/2022
REPORTED OPINION DISMISSING CASE: MOTION to Dismiss pursuant to Rule 12(b)(6) is GRANTED; [6] MOTION to Dismiss pursuant to Rules 12 (b)(1) and (6) is DENIED AS MOOT. The Clerk is directed to enter judgment. Signed by Judge Kathryn C. Davis. (tmr) Service on parties made.

21-1621 • DARBY DEVELOPMENT COMPANY, INC., et al v. USA

Filed 05/17/2022
REPORTED OPINION AND ORDER DISMISSING CASE: Defendant's MOTION to Dismiss for failure to state a claim upon which relief can be granted under RCFC 12(b)(6) is GRANTED. The Clerk's Office is directed to ENTER judgment accordingly. No costs. Signed by Judge Armando O. Bonilla. (ead) Service on parties made.

Keywords: re: CDC Eviction Moratorium: Fifth Amendment Takings & Illegal Exaction

22-120 • THE BIONETICS CORPORATION v. USA

Filed 05/16/2022
REPORTED OPINION. ECF No. 35 is reissued with redactions. Signed by Judge David A. Tapp. (jm) Service on parties made.

17-855 • HAHNENKAMM, LLC v. USA

Filed 05/13/2022
REPORTED OPINION: Reissuing opinion with modifications addressing the government's motion for reconsideration. Signed by Senior Judge Charles F. Lettow.

21-2317 • ENGLOBAL GOVERNMENT SERVICES, INC. v. USA

Filed 05/12/2022
REPORTED OPINION (public version) re: GRANTING Motion to Supplement the Court Record, filed by ENGlobal Government Services, Inc.; GRANTING [27] Motion for Judgment on the Administrative Record, filed by the United States; GRANTING [26] Motion for Judgment on the Administrative Record, filed by KBR Services, LLC; DENYING [25] Motion for Judgment on the Administrative Record, filed by ENGlobal Government Services, Inc. Signed by Judge Matthew H. Solomson. (jmt) Service on parties made.

21-2275 • SEVENTH DIMENSION, LLC v. USA

Filed 05/11/2022
REPORTED OPINION AND ORDER (Public Version): DENYING Motion for Judgment on the Administrative Record, filed by the United States; GRANTING [21] Motion for Judgment on the Administrative Record, filed by Seventh Dimension, LLC. Signed by Judge Matthew H. Solomson. (ahn) Service on parties made.

21-1693 • DOLPHIN PARK TT, LLC v. USA

Filed 05/11/2022
REPORTED OPINION AND ORDER. Unsealed public version of SEALED OPINION AND ORDER granting in part and denying in part [53] Motion to Supplement and Complete the Administrative Record, denying [75] Motion to Strike, denying as moot [78] Motion to Strike, denying as moot [80] Motion to Strike, striking [70] supplement to the Administrative Record, lifting stay on [54] [63] [64] cross-MJARs. Signed by Judge Ryan T. Holte. (mrm) Service on parties made.

Keywords: re: Reported Opinion and Order: Post-Award Bid Protest; Motion to Complete and Supplement; Declarations; Depositions; Discovery; Effective Judicial Review; Contemporaneous Conversations; Motion to Strike; Out of Time Filings.

21-1279 • SWIFT & STALEY, INC. v. USA

Filed 05/11/2022
REPORTED MEMORANDUM OPINION AND ORDER. Unsealed public redacted version of the Court's April 26, 2022 Opinion granting [81] Motion for a Stay and Injunction Pending Appeal. The Government is enjoined from terminating the contract awarded to Swift & Staley, Inc. ("SSI"), identifying a new awardee, and awarding a contract to a contractor other than SSI until SSI's appeal has been resolved. Signed by Judge Thompson M. Dietz. (brs) Service on parties made.

Keywords: re: Reported Opinion; RCFC 62(d); Injunction Pending Appeal; Substantial Case on the Merits; Irreparable Injury.

21-1497 • SETO v. USA

Filed 05/09/2022
REPORTED OPINION AND ORDER DISMISSING CASE: Defendant's Motion for Summary Judgment and to Dismiss is GRANTED and plaintiff's [20] Cross-Motion for Summary Judgment is DENIED. The Clerk's Office is directed to ENTER final judgment accordingly. No costs. Signed by Judge Armando O. Bonilla. (ead) Service on parties made; plaintiff served via first class mail.

21-776 • SCHELL & KAMPETER, INC. et al v. USA

Filed 05/09/2022
REPORTED OPINION on MOTION to Amend Pleadings - Rule 15 [1] Complaint, filed by SCHELL & KAMPETER, INC., SNK REAL PROPERTY HOLDINGS, LLC, SUGAR CREEK PET FOODS (Joint Status Report due on or before 5/16/2022) granting [20] Motion to Amend Pleadings - Rule 15.. Signed by Judge Edward H. Meyers. (rmc) Service on parties made.

21-2313 • RICKS, et. al v. USA

Filed 05/06/2022
REPORTED OPINION DISMISSING CASE. Order granting Motion to Dismiss - Rule 12(b)(1); granting [2] Motion for Leave to Proceed in forma pauperis. The Clerk is directed to enter judgment. Signed by Judge David A. Tapp. (jm) Service on parties made; plaintiffs served via first class mail.

22-292 • CONNECTED GLOBAL SOLUTIONS, LLC v. USA

Filed 05/06/2022
REPORTED ORDER: ECF No. is reissued with redactions. Signed by Judge David A. Tapp. (emc) Service on parties made.

20-1417 • VAS REALTY, LLC v. USA

Filed 05/05/2022
REPORTED OPINION: reflecting redactions to opinion issued 4/28/22. Signed by Senior Judge Charles F. Lettow.

Keywords: Reported Opinion; post-award bid protest on remand from Court of Appeals; merits conceded; factors governing equitable relief.

21-2261 • THALLE CONSTRUCTION CO. INC. v. USA

Filed 05/05/2022
REPORTED ORDER AND OPINION. Re-issued unsealed public redacted version of the Court's April 11, 2022 Opinion granting [23] Plaintiff's Motion for Judgment on the Administrative Record ("MJAR"); denying [24] Defendant's Cross-MJAR; denying [25] Defendant-Intervenor's Cross-MJAR. The U.S. Army Corps of Engineers ("Corps") is enjoined from proceeding with performance of the contract awarded to Phillips & Jordan, LLC pursuant to the Solicitation. The Corps shall reevaluate the proposals in a manner that redresses the errors identified in the court's Opinion. The Clerk is directed to enter judgment.REPORTED OPINION. Signed by Judge Thompson M. Dietz. (brs) Service on parties made.

Keywords: re: Reported Opinion; Post-Award Bid Protest; Best Value Procurement; Motion for Judgment on the Administrative Record; Unequal Treatment; Unstated Evaluation Criteria; Clarifications; Discussions; Prejudice; Injunctive Relief.

21-1770 • STRATERA FULCRUM TECHNOLOGIES, LLC v. USA

Filed 05/04/2022
REPORTED OPINION. Signed by Senior Judge Eric G. Bruggink. (rja) Service on parties made.

Keywords: re: Reported Order: Bid protest; post-award bid protest; best value determination; highest technically rated proposal with a fair and reasonable price; transitive property of inequality; unequal treatment; Blue & Gold

22-38 • D&J ENTERPRISES, INC. v. USA

Filed 05/04/2022
REPORTED OPINION of the Court's **SEALED** Opinion and Order, ECF No. 39. Signed by Judge Edward H. Meyers. (aep) Service on parties made.

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