USCFC General Jurisdiction-Reported

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18-801 • BROWN et al v. USA

Filed 03/15/2019
REPORTED ORDER denying Motion to Dismiss - Rule 12(b)(1). Defendant shall file its answer to Plaintiffs' complaint no later than 5/14/19. Signed by Senior Judge Edward J. Damich. (co) Service on parties made. (Main Document 14 replaced on 3/15/2019) (sh) as per chamber request. Modified on 3/15/2019

Keywords: Motion to Dismiss, Subject Matter Jurisdiction, Stabilization Doctrine, Continuing Claims Doctrine, Accrual, Boling v. United States, re: Order Denying Defendant's Motion to Dismiss, ECF No. 14.

17-903 • NORTH AMERICAN LANDSCAPING CONSTRUCTION & DREDGE COMPANY, INC. v. USA

Filed 03/15/2019
REPORTED OPINION granting in part and denying in part defendant's Motion for Summary Judgment; denying plaintiff's [18] Cross Motion. The parties shall FILE a Joint Status Report on or before 4/12/2019 proposing the next steps in this litigation. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made.

Keywords: re: Order on Motion for Summary Judgment, Order on Cross Motion, Reported Opinion. Contract; Contract Disputes Act of 1978, 41 U.S.C. §§ 7101-7109 (2012); Dredging Contract; Differing Site Condition Claim; Superior Knowledge Claim; Barge Traffic Delay Claim; Severe Weather Delay Claim; Completion Survey Delay Claim; Return of Liquidated Damages Claim; Equitable Adjustment Claim; Re-dredged Quantity Costs Claim; Summary Judgment; RCFC 56. (TQ)

12-303 • HITKANSUT LLC et al v. USA

Filed 03/15/2019
REPORTED Order and OPINION granting in part and denying in part Plaintiff's request for costs and attorneys' fees. The Clerk is directed to enter final judgment for plaintiff in the amount of $4,387,899.54. Signed by Senior JudREPORTED Order and OPINION granting in part and denying in part [243] Plaintiff's request for costs and attorneys' fees. The Clerk is directed to enter final judgment for plaintiff in the amount of $4,387,899.54. Signed by Senior Judge Charles F. Lettow. (pp)ge Charles F. Lettow.

Keywords: re: Patent case; motion for award of attorneys' fees and expenses pursuant to 28 U.S.C. § 1498(a); prevailing plaintiffs; jurisdiction; standing; patent owners' fee agreements with counsel; findings regarding justification for the government's position; reasonable attorneys' fees, expense of expert witnesses, and costs.

14-183 • IDEKER FARMS, INC., et al v. USA

Filed 03/11/2019
REPORTED OPINION denying Motion for Reconsideration ; denying [436] Motion for Reconsideration ; (Proposed schedule for resolving remaining issues due by 3/22/2019). Signed by Senior Judge Nancy B. Firestone. (js) Service on parties made. (Main Document 466 replaced on 3/11/2019) (lld). (Main Document 466 replaced on 3/13/2019 to edit footnote 6 on page 19 of the opinion)

Keywords: re: Motion for Reconsideration; Fifth Amendment Taking; Missouri River; Flooding; Liability; Causation.

18-1641 • AMMON v. USA

Filed 03/07/2019
OPINION AND ORDER: The Clerk is directed to enter judgment. Signed by Chief Judge Margaret M. Sweeney. (ac7) Service on parties made. (Certified Mail # 7017 1450 0000 1346 1437)

Keywords: Sua Sponte Dismissal; Sovereign Citizen; Pro Se Plaintiff; Subject-Matter Jurisdiction; RCFC 12(h)(3); Frivolous Claims; 28 U.S.C. § 1500

18-1561 • CONLEY & ASSOCIATES, INC. v. USA

Filed 02/27/2019
REPORTED OPINION and ORDER denying Plaintiff's Motion for Judgment on the Administrative Record and granting [34] Defendant's Motion for Judgment on the Administrative Record. Signed by Judge Thomas C. Wheeler. (dh) Service on parties made.

Keywords: Corrective Action; Rational Basis Standard; Key Personnel; Bait and Switch; Best Value Determination; Agency Discretion; Motion for Permanent Injunction; Likelihood of Success on the Merits; Irreparable Harm; Balance of Hardships; Public Interests; 28 U.S.C. § 1491(b); RCFC 65(d); Denying Injunctive Relief re: Reported Opinion.

17-1662 • ZEIDMAN TECHNOLOGIES, INC. v. USA

Filed 02/26/2019
RE-ISSUE of the court's REPORTED OPINION originally filed on February 11, 2019, See ECF No. [99]. This opinion was re-issued in order to clarify several instances in which the court referred to plaintiff, but should have referred to plaintiff's counsel. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made.

Keywords: re: Reported Opinion. Violation of Protective Order; Sanctions; RCFC 16(f). (TQ)

18-1637 • ADVANCED CONCEPTS ENTERPRISES, INC. v. USA

Filed 02/26/2019
REPORTED Opinion - Denying Plaintiff's Motion for Judgment on the Administrative Record and Motion for Preliminary and Permanent Injunction [20],and Granting Defendant's Cross-Motion for Judgment on the Administrative Record [26]. Signed by Senior Judge Nancy B. Firestone. (gd) Service on parties made.

Keywords: re: Reported Order, Pre-Award Bid Protest; Subject Matter Jurisdiction; Standing; Qualified to Compete; Nontrivial Competitive Injury; Office of Hearing and Appeals; NAICS Code; Past Performance Evaluation.

18-1907 • VOITH HYDRO, INC. v. USA

Filed 02/26/2019
REPORTED OPINION. This opinion was issued under seal on February 21, 2019, [65]. No redactions were proposed by the parties. 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. Post-Award Bid Protest; Motion toSupplement the Administrative Record with Expert Report; Findings in ReportNot Needed for Effective Judicial Review of Procurement Decision. (TQ)

18-1494 • SYSTEM STUDIES & SIMULATION, INC. v. USA

Filed 02/25/2019
REPORTED MEMORANDUM OPINION AND ORDER. Signed by Judge Lydia Kay Griggsby. (rdb) Service on parties made.

Keywords: Post-Award Bid Protest; Motion For Judgment Upon the Administrative Record; RCFC 52.1; Injunctive Relief; RCFC 65, re: Reported Memorandum Opinion and Order.

18-249 • HONEYWELL INTERNATIONAL INC. v. USA

Filed 02/25/2019
REPORTED OPINION denying Motion to Dismiss - Rule 12(b)(6); granting [13] Cross Motion for Summary Judgment as to Liability. Joint Status Report due by 3/27/2019. Signed by Judge Elaine D. Kaplan. (kb) Service on parties made.

Keywords re [20]: Nuclear Regulatory Commission; Illegal Exaction; Civil Penalties; Civil Sanctions; Enforcement Actions; Auer Deference; Regulatory Interpretation.

18-2003 • TECHNICA LLC v. USA

Filed 02/22/2019
REPORTED ORDER reissuing Opinion and Order. Signed by Senior Judge Loren A. Smith. (mr) Service on parties made.

Keywords: Bid Protest; Government Accountability Office; Competition in Contracting Act; 31 U.S.C. § 3553; Automatic CICA Stay; CICA Stay Override. re: Reported Order.

18-228 • FIRST MORTGAGE CORPORATION v. USA

Filed 02/22/2019
REPORTED MEMORANDUM OPINION AND ORDER granting Motion to Dismiss and dismissing the case. The Clerk is directed to enter judgment. Signed by Judge Lydia Kay Griggsby. (rdb) Service on parties made.REPORTED MEMORANDUM OPINION AND ORDER granting [11] Motion to Dismiss and dismissing the case. The Clerk is directed to enter judgment. Signed by Judge Lydia Kay Griggsby. (rdb) Service on parties made.

Keywords: Breach Of Contract; Motion To Dismiss; Res Judicata; Judicial Estoppel; RCFC 12(b)(6); Failure To State A Claim; Defendant Preclusion; Claim Preclusion, re: Memorandum Opinion and Order.

17-673 • CONNECTICUT YANKEE ATOMIC POWER COMPANY v. USA

Filed 02/21/2019
REPORTED Order granting Plaintiffs' Motion for Partial Summary Judgment and Entry of Partial Final Judgment Pursuant to Rule 54(b). The Clerk is directed to enter judgment. Signed by Senior Judge Nancy B. Firestone. (js) Service on parties made.

Keywords: re: Order on Motion for Partial Summary Judgment, Reported Order, Partial Summary Judgment; Rule 56; Rule 54(b); Partial Judgment.

18-179 • IAP WORLDWIDE SERVICES, INC. v. USA

Filed 02/15/2019
REPORTED UNSEALED ORDER. Signed by Senior Judge Marian Blank Horn. (vhc) Service on parties made.

Keywords: re: Bid Protest; Motion to Alter or Amend Judgment; Motion for Relief from Judgment; Bid and Proposal Costs.

17-1959 • IAP WORLDWIDE SERVICES, INC. v. USA

Filed 02/15/2019
REPORTED UNSEALED ORDER. Signed by Senior Judge Marian Blank Horn. (vhc) Service on parties made.

Keywords: re: Bid Protest; Motion to Alter or Amend Judgment; Motion for Relief from Judgment; Bid and Proposal Costs.

18-400 • IAP WORLDWIDE SERVICES, INC. v. USA

Filed 02/15/2019
REPORTED UNSEALED ORDER. Signed by Senior Judge Marian Blank Horn. (vhc) Service on parties made.

Keywords: re: Bid Protest; Motion to Alter or Amend Judgment; Motion for Relief from Judgment; Bid and Proposal Costs.

14-1121 • STATE CORPS v. USA

Filed 02/15/2019
REPORTED OPINION on denying Motion for Summary Judgment; granting [67] defendant's Cross Motion. The parties shall FILE a Joint Status Report by 3/15/2019, informing the court of the issues left to be resolved in this case, and proposing a plan for doing so. In particular, the court expects the parties to address the impact of the court's findings in this opinion on State Corps v. United States, Case No. 16-1074, with which the present matter has been informally consolidated. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made.

Keywords: re: Reported Opinion. Contract Disputes Act, 41 U.S.C. § 7104(b)(4) (2012); Termination for Default; Motion for Summary Judgment, RCFC 56(a); Waiver of Default Not Found. (TQ)

18-5 • COMMUNITY HEALTH CHOICE, INC. v. USA

Filed 02/15/2019
REPORTED OPINION granting in part and denying in part Motion for Summary Judgment; granting in part and denying in part [17] Cross Motion. Joint Status Report due by 2/28/2019. Signed by Chief Judge Margaret M. Sweeney. (kb1)

Keywords: re: Order on Motion for Summary Judgment,, Order on Cross Motion,, Reported Opinion, -- Affordable Care Act; Cost-Sharing Reduction Payments; 42 U.S.C. § 18071; Statutory Violation; Express Contract; Implied-in-Fact Contract; Motion for Summary Judgment, RCFC 56; Motion to Dismiss, RCFC 12(b)

17-877 • COMMON GROUND HEALTHCARE COOPERATIVE v. USA

Filed 02/15/2019
REPORTED OPINION granting Motion for Summary Judgment; denying [39] Cross Motion. Joint Status Report due by 2/28/2019. Signed by Chief Judge Margaret M. Sweeney. (kb1)

Keywords: re: Order on Motion for Summary Judgment, Order on Cross Motion [Dispositive], Reported Opinion -- Affordable Care Act; Cost-Sharing Reduction Payments; 42 U.S.C. § 18071; Motion for Summary Judgment, RCFC 56; Motion to Dismiss, RCFC 12(b)

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