USCFC General Jurisdiction-Reported

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22-1380 • ALLICENT TECHNOLOGY, LLC v. USA

Filed 06/02/2023
REPORTED PUBLIC OPINION AND ORDER of **SEALED** OPINION AND ORDER. Signed by Judge Edward H. Meyers. (skw) Service on parties made.

21-778 • SEKRI, INC. v. USA

Filed 06/01/2023
REPORTED OPINION denying [118], [119], and Motions for Sanctions pursuant to Rule 11; denying [121] Motion for Attorney Fees pursuant to 28 USC 2412; and denying as moot [137] Motion to Curtail Further Briefing. Under 28 USC 2412(b), the plaintiff has failed to demonstrate that the defendant acted in bad faith and that the plaintiff incurred fees and expenses as a result of that misconduct. The plaintiff also does not qualify as a "party" under 28 USC 2412(d). The plaintiff's motions for sanctions pursuant to RCFC 11 are both procedurally and substantively defective. Signed by Judge Richard A. Hertling. (kac) Service on parties made.

20-123 • AMERICAN GROUND TRANSPORTATION, INC.

Filed 05/26/2023
REPORTED OPINION on MOTION to Dismiss pursuant to Rules 12 (b)(1) and (6) filed by USA granting in part and denying in part [39] Motion to Dismiss - Rule 12(b)(1) and (6). Signed by Senior Judge Bohdan A. Futey. (njr) Service on parties made.

23-47 • STG INTERNATIONAL, INC. v. USA

Filed 05/24/2023
REPORTED OPINION. Signed by Senior Judge Eric G. Bruggink. (rco) Service on parties made.

23-443 • MYRIDDIAN, LLC v. USA

Filed 05/23/2023
REPORTED ORDER. Reissued Order granting Motion for Preliminary Injunction. Signed by Judge David A. Tapp. (smr) Service on parties made.

15-1252 • ARNOLD et al v. USA

Filed 05/22/2023
OPINION AND ORDER: Plaintiffs' motion for attorney's fees and expenses is GRANTED-IN-PART and DENIED-IN-PART. Specifically,plaintiffs are awarded attorney's fees in the aggregate amount of $111,215.87, and litigation expenses in the amount of $11,012.45. The Court further STRIKES Exhibit 4 to plaintiffs' URA application (ECF 209-4) as well as plaintiffs' improper references to the confidential settlement communications (ECF 208 at 21-22). The Clerk of the Court is DIRECTED to STRIKE Exhibit 4 to plaintiffs' URA application (ECF 209-4) as well as plaintiffs improper references to the confidential settlement communications (ECF 208 at 21-22). The Clerk of the Court is DIRECTED to enter JUDGMENT accordingly. Signed by Judge Armando O. Bonilla. (ead) Service on parties made.

11-564 • ETCHEGOINBERRY et al v. USA

Filed 05/19/2023
REPORTED OPINION DISMISSING CASE. The Clerk is directed to enter judgment. Signed by Judge Zachary N. Somers. (mpo) Service on parties made.

22-424 • OLIVE v. USA

Filed 05/17/2023
REPORTED OPINION AND ORDER granting Defendant's Motion for Judgment on the Administrative Record; denying [21] Plaintiff's Cross-Motion. The Clerk is directed to enter judgment. Signed by Senior Judge Charles F. Lettow.

Keywords: re: REPORTED OPINION AND ORDER: Military medical claim; challenges to the Armys findings of fact.

19-663 • KELTNER v. USA

Filed 05/16/2023
REPORTED OPINION AND ORDER granting Plaintiff's MJAR and denying [68] Defendant's cross-MJAR. The parties shall meet and confer regarding an appropriate remedy as instructed in the Court's order. The parties shall file a joint status report on or before May 29, 2023, limited to the remedy issue. Signed by Judge Matthew H. Solomson. (brl) Service on parties made.

22-873 • KONECRANES NUCLEAR EQUIPMENT & SERVICES, LLC v. USA

Filed 05/16/2023
REPORTED OPINION AND ORDER (re-issuance of redacted version of the May 5, 2023 Sealed Opinion and Order for Publication (ECF No. 39). Signed by Judge Stephen S. Schwartz. (cmc) Service on parties made.

22-867 • ANGEL v. USA

Filed 05/12/2023
REPORTED OPINION DISMISSING CASE, granting Motion to Dismiss - Rule 12(b)(1) and (6), dismissing all of plaintiff's claims for lack of jurisdiction, WITHOUT PREJUDICE, as untimely. The Clerk is directed to enter judgment. Signed by Senior Judge Margaret M. Sweeney. (jb2) Service on parties made.

Keywords: re: RCFC 12(b)(1); RCFC 12(b)(6); Statute of Limitations, 28 U.S.C. § 2501; Claim Accrual; Continuing Claim Doctrine; Claims Foreclosed by Binding Precedent.

16-536 • BALDI BROS, INC. v. USA

Filed 05/12/2023
REPORTED OPINION granting-in-part and denying-in-part Defendant's Motion for Partial Summary Judgment. Joint Status Report on further proceedings due by 5/26/2023. Signed by Judge Thompson M. Dietz. (brs) Service on parties made.

Keywords: Order on Motion for Partial Summary Judgment; Reported Opinion; Constructive Suspension of Work; Constructive Change; Contract Interpretation.

21-1641 • ANGELLY et al v. USA

Filed 05/11/2023
REPORTED OPINION AND ORDER denying Motion to Dismiss pursuant to Rules 12(b)(1) and (6) filed by USA. Plaintiffs shall file an amended complaint by 6/1/2023. Signed by Judge Zachary N. Somers. (dam) Service on parties made.

19-1356 • COOPER v. USA

Filed 05/09/2023
REPORTED OPINION denying MOTION to Dismiss pursuant to Rule 12(b)(1) filed by USA. Parties shall submit a joint status report by May 23, 2023, proposing a schedule for further proceedings. Signed by Judge Kathryn C. Davis. (gvk) Service on parties made.

16-268 • CANPRO INVESTMENTS, LTD v. USA

Filed 05/04/2023
REPORTED OPINION AND ORDER: granting in part and denying in part Motion for Clarification; withdrawing the Court's original Opinion (ECF No. 180), and reissuing upon reconsideration 180 Reported Opinion and Order, with certain corrections and amplifications; denying as moot [87] MOTION to Dismiss - Rule 12(b)(1) as to remaining Section II.B filed by USA; granting in part and denying in part [129] MOTION to Dismiss pursuant to Rule 12(b)(1) or, Alternatively, MOTION for Summary Judgment filed by USA; denying [165] MOTION to Strike [156] Amended Complaint; granting in part and denying in part [165] MOTION to Dismiss pursuant to Rules 12 (b)(1) and (6) and Request for Consideration of Pending Motion to Dismiss or, Alternatively, for Summary Judgment filed by USA. (Joint Status Report due by 6/5/2023). Signed by Judge Stephen S. Schwartz. (cmc) Service on parties made.

18-1894 • ORR et al v. USA

Filed 05/02/2023
REPORTED OPINION. The Clerk is directed to enter judgment. Signed by Senior Judge Marian Blank Horn. (jm5) Service on parties made. (Main Document 115 replaced on 5/25/2023 to attach corrected PDF)

16-932 • SPECTRE CORPORATION v. USA

Filed 05/01/2023
REPORTED ORDER denying plaintiff's Motion for Enlargement of Time. Joint Status Report due by 5/15/2023. Signed by Judge Ryan T. Holte. (sav) Service on parties made.

Keywords: re: Reported Order on Motion for Enlargement of Time: Motion for Enlargement of Time; Pioneer; Excusable Neglect; Counsel Mistake; Motion in Limine; Expert Report; Prejudice.

22-1466 • SH SYNERGY, LLC. v. USA

Filed 04/28/2023
REPORTED OPINION (reissued for publication of **SEALED** MEMORANDUM AND ORDER GRANTING in part and DENYING in part [33] Plaintiff VCH Partners, LLC's Motion for Judgment on the Administrative Record and [34] Plaintiff SH Synergy, LLC's Motion for Judgment on the Administrative Record, and GRANTING in part and DENYING in part [37] Defendant's Cross-Motion for Judgment on the Administrative Record. Defendant is ENJOINED from evaluating proposals and awarding IDIQ contracts under the current versions of the Polaris SB, WOSB, and SDVOSB Pool Solicitations.). Signed by Judge Eleni M. Roumel. (nma) Service on parties made. Modified on 5/1/2023 - corrected minor typographical error (jt1).

18-1115 • KING et al v. USA

Filed 04/28/2023
REPORTED OPINION: Treasury's authorization to a pension fund to reduce the benefits of vested plan participants under the Multiemployer Pension Reform Act did not give rise to a taking. The defendant's motion for summary judgment is granted, and the plaintiffs' motion for summary judgment is denied. Signed by Judge Richard A. Hertling. (kac) Service on parties made.

22-1431 • SHELL USA, INC. et al v. USA

Filed 04/26/2023
REPORTED OPINION granting Pls.' Motion for Summary Judgment; denying [16] Def.'s Cross-Motion for Partial Dismissal. The Clerk is directed to enter judgment. Signed by Senior Judge Charles F. Lettow.

Keywords: re: Order on Motion for Summary Judgment, Order on Cross Motion [Dispositive], Reported Opinion: Interest as an awardable contractual charge

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