USCFC General Jurisdiction-Reported

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22-573 • MICHAEL STAPLETON ASSOCIATES, LTD v. USA

Filed 02/03/2023
REPORTED ORDER. Unsealed public version of denying [90] MSA's motion for a stay pending appeal and striking [105] MSA's supplemental motion in support of its motion for a stay pending appeal as deficient. Signed by Judge Ryan T. Holte. (bam) Service on parties made. Modified on 2/5/2023 - corrected minor typographical error/pdf(jt1).

23-46 • NEXT PHASE SOLUTIONS AND SERVICES, INC. v. USA

Filed 02/02/2023
REPORTED OPINION. Redacted copy of OPINION and ORDER denying the plaintiff's motion for preliminary injunction. Signed by Judge Richard A. Hertling. (tbss) Service on parties made.

17-1407 • ARXIUM, INC. v. USA

Filed 02/01/2023
REPORTED ORDER. Signed by Senior Judge Victor J. Wolski. (mvl) Service on parties made.

19-400 • BRADLEY et al v. USA

Filed 02/01/2023
REPORTED OPINION granting in part and denying in part Motion for Attorneys' Fees. Joint Status Report regarding the claims of the three remaining plaintiffs due by 2/15/2023. The Clerk is directed to enter judgment pursuant to RCFC 54(b). Signed by Senior Judge Margaret M. Sweeney. (kb1)

Keywords: re: Order on Motion for Attorney Fees,, Reported Opinion, -- Trails Act; attorneys' fees and other litigation expenses; 28 U.S.C. § 4654(c); "actually incurred because of such proceeding"; contingency fee agreements; prelitigation expenses; lodestar calculation; forum rule; attorneys' fees matrices; duplicative and excessive hours; unsuccessful claims; block billing; substantiation of hourly rates and non-attorneys'-fees litigation expenses

22-836 • SANGANZA v. USA

Filed 01/31/2023
REPORTED OPINION granting Defendant's Motion to Dismiss Pursuant to Rules 12(b)(1) and 12(h)(3). The Clerk of Court is directed to enter Judgment accordingly. Signed by Judge Eleni M. Roumel. (smh) Service on parties made; plaintiff served via first class mail.

22-542 • UNITED WATER CONSERVATION DISTRICT v. USA

Filed 01/26/2023
REPORTED OPINION DISMISSING CASE: Granting the government's Motion to Dismiss pursuant to Rule 12(b)(1). The Clerk is directed to enter judgment. Signed by Senior Judge Charles F. Lettow.

Keywords: re: Reported Opinion Dismissing Case: Complaint alleging a physical taking of water rights; governments counter contention of inchoate regulatory action; ripeness; no final agency action.

22-728 • GILHAM v. USA

Filed 01/23/2023
REPORTED OPINION Granting Motion to Dismiss - Rule 12(b)(1) filed by USA. Signed by Judge Richard A. Hertling. (tbss) Service on parties made.

17-307 • HADDAD v. USA

Filed 01/20/2023
REPORTED CLAIM CONSTRUCTION OPINION AND ORDER. Plaintiff's show cause brief due by 2/23/2023. Defendants' response due by 3/6/2023. Signed by Judge Ryan T. Holte. (eir) Service on parties made.

Keywords: re: Reported Claim Construction Opinion and Order: Claim Construction; Markman Hearing; Plain and Ordinary Meaning; Means Plus Function; Intrinsic Record; Indefinite; Person Having Ordinary Skill in the Art; 28 U.S.C. § 112.

21-788 • SCHNEIDER ELECTRIC BUILDINGS AMERICAS, INC. v. USA

Filed 01/18/2023
OPINION and ORDER: Granting in part and denying in part Plaintiff's Motion for Summary Judgment. Signed by Judge David A. Tapp. (krm) Service on parties made.

22-738 • EAGLE TECHNOLOGIES, INC. v. USA

Filed 01/13/2023
REPORTED OPINION of the Court's Sealed Opinion [ECF No. 39]. Signed by Judge Kathryn C. Davis. (apkt) Service on parties made.

22-578 • GROUNDBREAKER DEVELOPMENT CORPORATION v. USA

Filed 01/12/2023
REPORTED ORDER granting in part and deferring in part Motion to Dismiss - Rule 12(b)(1); on [7] MOTION to Dismiss pursuant to Rule 12(b)(1) filed by USA. The monetary claim in Count I and the claims in Count II of the complaint are DISMISSED without prejudice for lack of subject-matter jurisdiction. The court DEFERS ruling on the portion of defendant's motion to dismiss that challenges Groundbreaker's standing to bring the nonmonetary wrongful termination claim found in Count I of its complaint. (Amended Complaint, if any, due by 2/17/2023.) Signed by Senior Judge Margaret M. Sweeney. (jb2) Service on parties made.

Keywords: re: RCFC 12(b)(1); Motion to Dismiss for Lack of Subject-Matter Jurisdiction; Failure to Submit Monetary Claims to Contracting Officer Before Initiating Suit; Standing of Corporation to Bring Suit

22-1215 • SLS FEDERAL SERVICES, LLC v. USA

Filed 01/10/2023
REPORTED OPINION. Signed by Senior Judge Eric G. Bruggink. (rco) Service on parties made.

Keywords: re: Reported Opinion: Bid protest; post-award bid protest; price reasonableness; discussions; FAR 15-404-1; DFARS 215.306; Blue & Gold; injunction

22-807 • GARRETT ELECTRONICS INC. v. USA

Filed 01/10/2023
REPORTED OPINION (reissued for publication of SEALED MEMORANDUM AND ORDER DENYING [20] Plaintiff's Motion for Judgment on the Administrative Record and GRANTING [22] Defendant's Cross-Motion for Judgment on the Administrative Record and GRANTING [23] Intervenor-Defendant's Cross-Motion for Judgment on the Administrative Record). Signed by Judge Eleni M. Roumel. (smh) Service on parties made.

19-1747 • DOE NO. 1 v. USA

Filed 01/09/2023
REPORTED OPINION and ORDER granting in part and denying in part MOTION to Certify Interlocutory Appeal and to Stay Proceedings Pending Appeal filed by USA; The Court's Order denying summary judgment [68] shall be certified for interlocutory appeal, but the case shall not be stayed at present; granting [83] Unopposed MOTION for Notice filed by DOE NO. 1. Signed by Judge Stephen S. Schwartz. (cmc) Service on parties made.

17-1812 • GIESECKE & DEVRIENT GMBH v. USA

Filed 01/06/2023
REPORTED CLAIM CONSTRUCTION OPINION AND ORDER. Joint Status Report due by 1/27/2023. Signed by Judge Ryan T. Holte. (sav) Service on parties made.

Keywords: re: Reported Claim Construction Opinion and Order: Claim Construction; Markman Hearing; Plain and Ordinary Meaning; Intrinsic Record; Indefinite; Person Having Ordinary Skill in the Art.

19-339 • CULLY CORPORATION v. USA

Filed 12/28/2022
REPORTED POST-TRIAL OPINION: The Clerk is directed to enter judgment in favor of United States. Signed by Judge David A. Tapp. (emc) Service on parties made. (Main Document 207 replaced on 12/29/2022 to edit the last sentence on page 17.)

19-231 • STATE OF MISSISSIPPI et al v. USA

Filed 12/22/2022
REPORTED OPINION denying Motion for Protective Order filed by all plaintiffs. Signed by Chief Judge Elaine D. Kaplan. (jag) Service on parties made.

22-1038 • EKAGRA PARTNERS, LLC v. USA

Filed 12/21/2022
REPORTED OPINION (Public Version): DENYING Motion for Judgment on the Administrative Record, filed by Ekagra Partners, LLC; GRANTING [29] Motion for Judgment on the Administrative Record, filed by the United States; GRANTING [30] Motion for Judgment on the Administrative Record, filed by Paradyme Management, Inc. Signed by Judge Matthew H. Solomson. (cmb) Service on parties made.

16-1647 • MYNETTE TECHNOLOGIES, INC. et al v. USA

Filed 12/20/2022
REPORTED OPINION. Unsealed public version of SEALED OPINION granting in part and denying in part [125] Motion for Terminating Sanctions. Signed by Judge Ryan T. Holte. (sav) Service on parties made.

Keywords: re: Reported Opinion: Motion for Terminating Sanctions; Prosecution Bar; Covenant Not To Sue; Protective Order Violation; Duty of Candor; Attorneys Eyes Only; Competitive Decisionmaker; Risk of Inadvertent Disclosure; Discovery.

22-650 • CURIE v. USA

Filed 12/19/2022
REPORTED OPINION Granting MOTION to Dismiss pursuant to Rules 12 (b)(1) and (6) filed by USA. The Clerk is directed to enter judgment. Signed by Senior Judge Marian Blank Horn. (dls) Service on parties made. Plaintiff served via first class mail 12.20.2022

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