USCFC General Jurisdiction-Reported

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18-861 • CHENEGA HEALTHCARE SERVICES, LLC v. USA

Filed 01/11/2019
REPORTED OPINION originally filed under seal on 12/21/2019 denying [50] Motion for Judgment on the Administrative Record; granting [52] Cross Motion; granting [53] Cross Motion. The Clerk is directed to enter final judgment DISMISSING plaintiff's amended complaint, with prejudice. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made.

Keywords: re: Reported Opinion. Post-Award Bid Protest; Late KeyPersonnel Substitution; Award Without Discussions; Rationale for Award. (TQ)

11-275 • BIG OAK FARMS, INC. et al v. USA

Filed 01/11/2019
granting Motion to Dismiss - Rule 12(b)(1); REPORTED OPINION (Joint Status Report and Proposed Draft Order Dismissing Plaintiffs consistent with this opinion due by 1/18/2019, Plaintiffs' Fifth Amended Complaint reflecting this court's ruling due by 1/18/2019.). Signed by Senior Judge Nancy B. Firestone. (gd) Service on parties made.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1), Reported Opinion. Fifth Amendment Taking Claims; Motion to Dismiss; 28 U.S.C. § 2501; Time-barred; Relation Back; RCFC 15(c); Class Action Tolling; RCFC 12(b)(6).

14-549 • ULTIMATE CONCRETE, LLC v. USA

Filed 01/10/2019
REPORTED OPINION granting in part and denying in part Motion for Summary Judgment; granting in part and denying in part [119] Cross Motion. Status Report due by 2/11/2019. Signed by Judge Elaine D. Kaplan. (kb) Service on parties made.

Keywords re [139]: Contract Disputes Act (CDA), 41 U.S.C. § 7104; Motion for Summary Judgment, RCFC 56; Contract Interpretation; Critical Path; Defective Specifications.

15-995 • BAILEY et al v. USA

Filed 01/10/2019
Granting Motion for Partial Summary Judgment; denying [66] Cross Motion; ( Joint Status Report due by 2/7/2019). Signed by Chief Judge Margaret M. Sweeney. (lfh) Service on parties made.

Keywords: re: - Fair Labor Standards Act; 29 U.S.C. §§ 201-209; Judgment Fund; 31 U.S.C. § 1304; RCFC 56; Summary Judgment.

18-1339 • INVERNESS TECHNOLOGIES, INC. v. USA

Filed 01/09/2019
REPORTED OPINION originally filed under seal on 12/20/2018, see [61], granting Motion for Judgment on the Administrative Record; granting [39] Cross Motion; denying [30] Motion for Judgment on the Administrative Record. The Clerk is directed to enter FINAL judgment for defendant and intervenor-defendant, DISMISSING the remaining counts (I and III) of plaintiff's complaint, with prejudice. The parties shall CONFER and FILE a Proposed Redacted Version of this opinion, with any competition-sensitive or otherwise protectable information blacked out by 1/18/2019. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made.

Keywords: re: Reported Opinion. Post-Award Bid Protest; Corrective Action in Response to GAO Protest; Solicitation Cancellation. (TQ)

18-891 • DUKE ENERGY PROGRESS, LLC et al v. USA

Filed 01/07/2019
REPORTED ORDER denying Motion to Dismiss - Rule 12(b)(6). Signed by Judge Thomas C. Wheeler. (ez) Service on parties made.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(6), Reported Order Spent Nuclear Fuel; Nuclear Waste Policy Act of 1982; CFC Rule 12; Motion to Dismiss; Breach of Contract; Collateral Estoppel; Foreseeability of Damages

18-920 • PHILBERT v. USA

Filed 01/07/2019
REPORTED OPINION and ORDER: Granting Motion to Dismiss - Rule 12(b)(1); Denying [17] Motion for Reconsideration - Rule 59(a) ; The Clerk is directed to enter judgment. Signed by Judge Elaine D. Kaplan. U.S. Certified Mail Tracking# 7018 0040 0001 1393 1136(vds) Service on parties made.

Keywords: 28 U.S.C. § 1500; Equal Pay Act; Title VII; United States v. TohonoO'Odham Nation.

18-618 • WALL v. USA

Filed 01/07/2019
REPORTED OPINION: granting Motion to Dismiss - Rule 12(b)(1); finding as moot [10] Motion for Order to Show Cause. The Clerk is directed to enter judgment. Signed by Senior Judge Marian Blank Horn. (ar) Service on parties made. [Sent via certified mail: 7017 1450 000 1346 2427]

Keywords: re: Pro Se Plaintiff; Motion to Dismiss; Jurisdiction; Tax Refund; Tax Liens; Slander' Fourteenth Amendment.

18-653 • HERNANDEZ v. USA

Filed 01/04/2019
REPORTED OPINION and ORDER: denying Motion for Preliminary Injunction; denying [24] Motion for Call of Documents and Discovery ; granting [27] Motion to Dismiss - Rule 12(b)(1); denying [28] Motion to Investigate. The Clerk is directed to enter judgment. Each side shall bear its own costs. Signed by Judge Elaine D. Kaplan. (ar) Service on parties made. [Sent via certified mail: 7017 1450 000 1346 2403]

Keywords: re: Pro Se; Motion to Dismiss; Fort Laramie Treaty; Res Judicata; Claims Preclusion; Issue Preclusion; Iqbal; Twombly

16-1691 • CITY OF WILMINGTON, DELAWARE v. USA

Filed 01/03/2019
REPORTED OPINION granting Motion to Compel. Defendant shall respond by 1/18/2019. Signed by Senior Judge Mary Ellen Coster Williams. (TF3) Service on parties made.

Keywords: re: Motion to Compel; Attorney-Client Privilege; Waiver; Clean Water Act; 33 U.S.C. § 1323; Reasonable Service Charges. (TF3)

18-217 • PEREZ v. USA

Filed 01/03/2019
REPORTED OPINION granting in part and denying in part Defendant's Motion to Dismiss - Rule 12(b)(1). Signed by Senior Judge Marian Blank Horn. (td) Service on parties made.

Keywords: Military Pay Case; Motion to Dismiss; Statute of Limitations; Appellate Review Leave; Restoration to Active Duty.

18-1146 • THOMA-SEA MARINE CONSTRUCTORS, LLC v. USA

Filed 01/02/2019
REPORTED OPINION: reflecting redactions from the opinion and order previously entered on December 21, 2018. Signed by Senior Judge Charles F. Lettow. (pp)REPORTED OPINION: reflecting redactions from the opinion and order previously entered on December 21, 2018. Signed by Senior Judge Charles F. Lettow.

Keywords: re: Post-award bid protest; shipbuilding contract; standing; supplementation of the administrative record; technical criteria for ship design and seakeeping; past performance evaluations; responsibility determination.

18-1425 • SIGMATECH, INC. v. USA

Filed 01/02/2019
REPORTED OPINION. Signed by Senior Judge Marian Blank Horn. (td) Service on parties made.

Keywords: Post-Award Bid Protest; Cross-Motions for Judgment on the Administrative Record; Disparate Treatment; Best-Value Trade-Off; Organizational Conflict of Interest.

17-1812 • GIESECKE & DEVRIENT GMBH v. USA

Filed 12/28/2018
REPORTED OPINION denying as moot Motion to Dismiss - Rule 12(b)(6); granting [52] Motion for Leave to File Second Amended Complaint. Signed by Senior Judge Mary Ellen Coster Williams. (TF3) Service on parties made.

Keywords: re: Patent Infringement; Motion for Leave to Amend Complaint; Voluntary Withdrawal of Claims; Dismissal Without Prejudice; Rule 15; Rule 41. (TF3)

17-421 • KIMBLE v. USA

Filed 12/27/2018
REPORTED OPINION granting Motion for Summary Judgment; denying [30] Cross Motion. The Clerk is directed to enter judgment. Signed by Senior Judge Susan G. Braden. (aa) Service on parties made. Modified on 1/4/2019 to edit docket text

Keywords: re: Reported Opinion, Order on Motion for Summary Judgment, Order on Cross Motion [Dispositive] 26 U.S.C. § 6511 (Limitations On Credit Or Refund);26 U.S.C. § 6672 (Failure To Collect And Pay Over Tax);26 U.S.C. § 7121 (Closing Agreements);26 U.S.C. § 7422 (Civil Actions For Refund);28 U.S.C. § 1346 (United States As Defendant);28 U.S.C. § 1491 (Tucker Act);31 U.S.C. § 5314 (Records And Reports On Foreign Financial Agency Transactions);31 U.S.C. § 5321 (Civil Penalties);26 C.F.R. § 301.7701(b)-2(d)(1) (Closer Connection Exception);31 C.F.R. § 1010.350 (Reports Of Foreign Financial Accounts);31 C.F.R. § 1010.820 (Civil Penalty);RCFC 11(b) (Representations To The Court);RCFC 56 (Summary Judgment).

18-496 • STAHL v. USA

Filed 12/27/2018
OPINION AND ORDER: granting in part and denying in part Motion to Dismiss - Rule 12(b)(1) and (6). The involuntary discharge claim is remanded for consideration to the AFBCMR. ( Status Report due by 3/27/2019). Signed by Senior Judge Susan G. Braden. (ac7) Service on parties made.

18-1046 • WEIR v. USA

Filed 12/21/2018
REPORTED OPINION: Granting Motion to Dismiss - Rule 12(b)(1) and (6); Denying as Moot [7] Motion to Amend Pleadings - Rule 15(b); Granting [2] Motion for Leave to Proceed in forma pauperis; The Clerk is directed to enter judgment. Signed by Chief Judge Margaret M. Sweeney. U.S. Certified Mail Tracking#7018 0040 0001 1393 1129(vds) Service on parties made.

Keywords: Pro Se Plaintiff; RCFC 12(b )(1 ); Subject-Matter Jurisdiction; Money-Mandating Source of Law; Equitable Relief; 28 U.S.C. § 1500; In Forma Pauperis

18-1679 • NAVIENT SOLUTIONS, LLC v. USA

Filed 12/21/2018
REPORTED OPINION Denying Motion for a TRO and Preliminary Injunction filed by FMS INVESTMENT CORP. Signed by Judge Thomas C. Wheeler. (dh) Service on parties made.

Keywords: re: Order on Motion for TRO and Preliminary Injunction, Reported Opinion: Pre-Award Bid Protest; Department of Education Loan Collections; Motion for Preliminary Injunction; Likelihood of Success on the Merits; Irreparable Harm; Balance of Hardships; Public Interests; 28 U.S.C. § 1491(b); RCFC 65(d); Granting Injunctive Relief.

17-1797 • BOAZ HOUSING AUTHORITY et al v. USA

Filed 12/20/2018
OPINION AND ORDER denying Corrected Motion to Dismiss - Rule 12(b)(1) and (6); lifting [12] stay of briefing on [9] Motion for Summary Judgment; Response due by 1/17/2019. Signed by Judge Elaine D. Kaplan. (feb) Service on parties made

Keywords re OPINION AND ORDER on Motion to Dismiss: Housing Act of 1937; HUD; Breach of Contract; Money Mandating; Holmes v. United States; Presumption of Money Damages.

18-286 • DIAZ v. USA

Filed 12/19/2018
REPORTED OPINION granting Motion to Dismiss. The Clerk is directed to enter judgment. Signed by Senior Judge Loren A. Smith. (dp) Service on parties made.

Keywords: Motion to Dismiss; Failure to State a Claim; Motion for Summary Judgment; Statute of Limitations; Breach of Contract re: Order on Motion to Dismiss, Reported Opinion.

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