USCFC General Jurisdiction-Reported

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09-103 • HAGGART et al v. USA

Filed 08/12/2020
REPORTED OPINION denying Motion for Leave to File; denying [356] Motion for Attorney Fees; denying [357] Motion for Attorney Fees; granting in part and denying in part [355] Motion for Attorney Fees; granting in part and denying in part [360] Motion for Attorney Fees. The Clerk is directed to enter final judgment. Signed by Senior Judge Charles F. Lettow.

Keywords re Reported Opinion: Applications for award of attorneys fees and expenses under the Uniform Relocation Assistance and Real Property Acquisition Policies Act, 42 U.S.C. § 4654(c); jurisdiction; effect of earlier award of fees in settlement agreement; fees not awardable to pro se litigants; fees incurred to preserve and defend settlement against effort to overturn it; reasonableness of fees and expenses.

18-1943 • HCIC ENTERPRISES, LLC v. USA

Filed 08/11/2020
REPORTED OPINION dismissing complaint, sua sponte, for failure to state a claim. The Clerk is directed to enter judgment. Signed by Judge Elaine D. Kaplan. (feb) Service on parties made.

Keywords re Reported Opinion: Failure to State a Claim; RCFC 12(b)(6); Sua Sponte; Contracting Officer Final Decision

18-923 • TIPPINS et al v. USA

Filed 08/10/2020
REPORTED ORDER Deferring ruling on Motion to Compel; Denying [46] Motion for Protective Order; The parties are ORDERED to meet and confer by 8/24/2020, Status Report due by 8/27/2020. Signed by Judge David A. Tapp. (jm) Service on parties made.

Keywords: re: Order on Motion to Compel,, Order on Motion for Protective Order, Involuntary Retirement; Career Retention Screening Panel; Discovery; RCFC 30(b)(6); Motion to Compel

19-386 • GREGORY et al v. USA

Filed 08/10/2020
REPORTED ORDER granting Motion to Dismiss - Rule 12(b)(1). There being no just reason for delay, the Clerk is directed to enter judgment dismissing the Complaint. Joint Status Report due by 8/17/2020. Signed by Judge David A. Tapp. (co) Service on parties made.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1), Reported Order, Signature Requirement; Waiver Doctrine; 28 U.S.C. § 7422; Treas. Reg. § 301.6402-2; Angelus Milling Co. v. C.I.R., 325 U.S. 293 (1945); I.R.C. § 6061; I.R.C. § 6065; Subject Matter Jurisdiction.

20-413 • CLARKE HEALTH CARE PRODUCTS, INC. v. USA

Filed 08/10/2020
REPORTED OPINION of the court's **sealed** August 5, 2020 opinion. No redactions were proposed by the parties, see [8]. Thus, the sealed and public versions of this opinion are identical, except for the publication date and footnote 1. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made.

Keywords: re: Reported Opinion, Motions for Judgment on the Administrative Record; Corrective Action Standard of Review; Agency Remand. (TQ)

19-859 • E-NUMERATE SOLUTIONS, INC. et al v. USA

Filed 08/07/2020
REPORTED OPINION denying Motion to Dismiss - Rule 12(b)(6). Government Answer due by 8/21/2020. Signed by Judge Ryan T. Holte. (nb7) Service on parties made.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(6): Patent Infringement; RCFC 12(b)(6); Motion to Dismiss; 35 U.S.C. § 101; Patent-ineligible Subject Matter; Abstract Idea.

20-119 • HOLLAND v. USA

Filed 08/07/2020
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1). The Clerk is directed to enter judgment. Signed by Senior Judge Marian Blank Horn. (rp) Service on parties made; plaintiff served via U.S. mail.

Keywords: re: Pro Se Plaintiff; Military Pay; Motion to Dismiss; Subject Matter Jurisdiction; Statute of Limitations; Tort; Conspiracy; Americans with Disabilities Act.

14-690 • SOMMERS v. USA

Filed 08/04/2020
REPORTED OPINION re defendant's motion to dismiss or motion for judgment on the administrative record and [94] plaintiff's cross-motion for judgment on the administrative record. Signed by Judge Richard A. Hertling. (abg) Service on parties made.

Keywords: re: Reported Opinion: RCFC 12(b)(6); Reported Opinion; Military Pay Act; Voluntary Retirement

20-241 • HASKEW v. USA

Filed 08/04/2020
REPORTED ORDER denying Motion for Relief from Judgment - Rule 60. Signed by Senior Judge Nancy B. Firestone. (lb) Service on parties made.

Keywords re Order on Motion for Relief from Judgment - Rule 60, Reported Order: Pro Se, RCFC 59, RCFC 60(b)(6).

20-469 • GOLDSCHMITT AND ASSOCIATES, LLC v. USA

Filed 07/31/2020
REPORTED ORDER. Signed by Judge Thomas C. Wheeler. (nc) Service on parties made.

Keywords re Reported Order: Motion for Judgment on the Administrative Record; MJAR; RCFC 52.1; Bid Protest; Post-Award Bid Protest; Arbitrary and Capricious Review; Deference; Rational Basis; Prejudice; Permanent Injunction.

20-577 • DOUBLE LION UCHET EXPRESS TRUST, et al v. USA

Filed 07/31/2020
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1); denying [8] Motion for Judgment; denying [2] Motion for Leave to Proceed in forma pauperis. The Clerk is directed to enter judgment. Signed by Chief Judge Margaret M. Sweeney. (am) Service on parties made.

Keywords: re: Pro Se Plaintiffs; Motion to Dismiss; Subject Matter Jurisdiction; RCFC 12(b)(1); In Forma Pauperis

20-459 • AAR MANUFACTURING, INC. v. USA

Filed 07/30/2020
PUBLIC REPORTED OPINION re: the plaintiff's MOTION for Judgment on the Administrative Record, [25] the defendant's MOTION for Judgment on the Administrative Record and [26] the defendant-intervenor's MOTION for Judgment on the Administrative Record. Signed by Judge Richard A. Hertling. (abg) Service on parties made. Modified on 7/31/2020 by replacing with corrected PDF (ead). Modified on 7/31/2020 by replacing with corrected PDF

Keywords: re: Organizational conflict of interest; Biased-Ground-Rules OCI; Impaired-Objectivity OCI; Unequal-Access-to-Information OCI; Motion for Judgment on the Administrative Record; RCFC 52.1.

20-235 • MVM, INC. v. USA

Filed 07/30/2020
MEMORANDUM OPINION and ORDER denying MVM's motion for judgment upon the administrative record; granting the government's and Metro's respective cross motions for judgment upon the administrative record; denying-as-moot Metro's motion to dismiss; and dismissing the complaint. Signed by Judge Lydia Kay Griggsby. (jp) Service on parties made.

Keywords: Post-Award Bid Protest; Judgment Upon the Administrative Record; RCFC 52.1; Best Value Determination; Injunctive Relief, re: Memorandum Opinion and Order.

19-1583 • HOUSING AUTHORITY OF THE CITY OF SLIDELL

Filed 07/27/2020
REPORTED OPINION: denying Motion to Dismiss pursuant to RCFC 12(b)(1) and 12(b)(6); filed by USA. The Court DENIES the government's motion to dismiss. Joint Status Report proposing a discovery schedule due by August 26, 2020. If the government elects to file a supplemental brief after consulting with the Office of the Solicitor General, it shall do so on or before August 10, 2020, and pursuant to one of the two options provided in the attached Opinion and Order. Signed by Judge Matthew H. Solomson. (sew) Service on parties made. Modified to replace PDF with corrected PDF on 7/28/2020

Keywords: re: Order on Motion to Dismiss - RCFC 12(b)(1) and 12(b)(6) Reported Opinion: RCFC 12(b)(1); RCFC 12(b)(6); Tucker Act jurisdiction; 42 U.S.C. § 1437; Housing and Urban Development; annual contributions contract; public housing agency; breach of contract; money damages; contract damages; Bowen v. Massachusetts; "strings-attached" grants; judicial estoppel.

19-713 • CLARK et al v. USA

Filed 07/27/2020
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1). The Clerk is directed to enter judgment. Signed by Judge Elaine D. Kaplan. (feb) Service on parties made.

Keywords re Opinion and Order on Motion to Dismiss - Rule 12(b)(1): Tax Refund Claim; 26 U.S.C. § 7422(a); 26 C.F.R. § 301.6402-2(b)(1); Signature Requirement; Penalty of Perjury; Power of Attorney; Form 2848; Waiver Doctrine.

19-1891 • ANHAM FZCO v. USA

Filed 07/27/2020
REPORTED OPINION of the court's sealed July 9, 2020 opinion, denying [57] Motion for Judgment on the Administrative Record filed by ANHAM FZCO; granting [63] Cross Motion to Motion for Judgment on the Administrative Record filed by USA; and granting [64] CROSS MOTION to Motion for Judgment on the Administrative Record filed by KGL FOOD SERVICES WLL. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made.

Keywords: re: Reported Opinion, Motions for Judgment on the Administrative Record; Corrective Action Standard of Review; Agency Bias; Permanent Injunctive Relief. (TQ)

99-2051 • ATHEY et al v. USA

Filed 07/21/2020
REPORTED ORDER Denying as Moot Motion for Attorney Fees; Denying [324] Motion for Attorney Fees; (Status Report due by 8/20/2020). Signed by Judge David A. Tapp. (jm) Service on parties made. (Main Document 346 replaced on 7/23/2020)

Keywords: re: Order on Motion for Attorney Fees, Equal Access to Justice Act; EAJA; 28 USC § 2412; Attorneys Fees; Class Action; Position of the United States; Substantially Justified; Notice to Class.

19-907 • THE GREEN TECHNOLOGY GROUP, LLC v. USA

Filed 07/21/2020
PUBLIC REPORTED OPINION Denying Motion for Attorney Fees and Related Expenses filed by THE GREEN TECHNOLOGY GROUP, LLC. Signed by Judge Richard A. Hertling. (abg) Service on parties made.

Keywords: re: Reported Opinion: Equal Access to Justice Act; Substantial Justification. (abg) Modified file date on 7/31/2020 (ead).

11-268 • SECURITYPOINT HOLDINGS, INC. v. USA

Filed 07/17/2020
REPORTED ORDER/OPINION denying Motion for Reconsideration ; finding as moot [482] Motion to Strike. Signed by Senior Judge Eric G. Bruggink. (jpk1) Service on parties made.

Keywords: re: Order on Motion for Reconsideration, Order on Motion to Strike, Reported Order: Motion for reconsideration; RCFC 59; Implied license; economic duress

20-120 • QUANTICO TACTICAL INC. v. USA

Filed 07/17/2020
REPORTED OPINION. Signed by Senior Judge Eric G. Bruggink. (rr) Service on parties made.

Keywords: Bid Protest; Pre-Award Bid Protest; Assertions of Bias; Motion to Complete and Supplement Administrative Record; Limited Discovery re: Reported Opinion

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