USCFC General Jurisdiction-Reported

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19-1234 • PEKRUL v. USA

Filed 08/28/2019
REPORTED OPINION: The Court of Federal Claims lacks jurisdiction toentertain the claims expressly or implicitly asserted by Mr. Pekrul. The Clerk is directed to enter judgment. Signed by Chief Judge Margaret M. Sweeney. (ac7) Service on parties made. (Certified Mail #7018 0040 0001 1393 4717)

14-494 • BAHA v. USA

Filed 08/28/2019
REPORTED OPINION denying in part and deferring in part on Motion for Summary Judgment; granting in part and deferring in part [90] Motion for Partial Summary Judgment. Any claims arising under the 32-Lease are stayed until December 13, 2019. Joint Status Report due by 12/16/2019.Signed by Senior Judge Nancy B. Firestone. (lb) Service on parties made.

Keywords: re: Partial Summary Judgment, Rule 56, Release, Contract Interpretation, Subject Matter Jurisdiction, Implied-in-Law Contract, Equitable Estoppel, Stay.

19-742 • SPACE EXPLORATION TECHNOLOGIES CORP. v. USA

Filed 08/28/2019
REPORTED MEMORANDUM OPINION AND ORDER granting the government's motion to dismiss, granting SpaceX's motion to transfer venue, and dismissing the complaint. Signed by Judge Lydia Kay Griggsby. (jw) Service on parties made.

Keywords: Post-Award Bid Protest; Motion to Dismiss; Rule 12(b)(1); Other Transactions; 10 U.S.C. §§ 2371 and 2371b, re: Reported Memorandum Opinion and Order.

19-625 • INDUSTRIAL SUPPLIES, LLC v. USA

Filed 08/28/2019
REPORTED OPINION granting in part and denying in part Motion to Dismiss - Rule 12(b)(1) and (6) The Clerk is directed to enter judgment. Signed by Chief Judge Margaret M. Sweeney. (ac7) Service on parties made. (Certified Mail #7018 0040 0001 1393 4724)

19-685 • TRAX INTERNATIONAL CORPORATION v. USA

Filed 08/27/2019
PUBLIC OPINION re Order on Motion for Judgment on the Record, Order on Cross Motion, Order on Motion to Strike, Order on Motion to Supplement the Administrative Record; granting in part and denying in part [34] Motion to Redact Order on Cross-Motions for Judgment on the Administrative Record. Signed by Judge Elaine D. Kaplan. (kb) Service on parties made.

Keywords re [35]: Standing; Prejudice; Pre-Award Protest; FAR 15.206(a); Procurement Integrity Act; Substantial Chance; Non-Trivial Competitive Injury.

18-1851 • APL MICROSCOPIC, LLC v. USA

Filed 08/27/2019
REPORTED OPINION granting in part and denying in part Motion to Dismiss - Rule 12(b)(1) and (6). See order for details. The parties are directed to file a joint proposed litigation schedule by no later than Friday, September 6, 2019. Signed by Senior Judge Edward J. Damich. (co) Service on parties made.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1) and (6),, Reported Opinion, Copyright Infringement, Motion to Dismiss, Statute of Limitations, Subject Matter Jurisdiction, Display Rights, Separate Harms, Continuing Harm, Failure to State a Claim, Reproduction Rights, Distribution Rights.

19-676 • WELLPOINT MILITARY CARE CORP v. USA

Filed 08/27/2019
REPORTED MEMORANDUM OPINION AND ORDER denying WellPoint's Motion for Judgment on the Administrative Record; granting the government's Motion for Judgment on the Administrative Record; granting Optum's Motion for Judgment on the Administrative Record; and dismissing the complaint. Signed by Judge Lydia Kay Griggsby. (jp) Service on parties made.

Keywords: Post-Award Bid Protest; Motion For Judgment Upon The Administrative Record; RCFC 52.1; Best Value Determination; Trade-Off Analysis, re: Reported Memorandum Opinion and Order.

18-38 • STATE OF SOUTH CAROLINA v. USA

Filed 08/20/2019
REPORTED OPINION denying Motion for Summary Judgment; granting [16] Cross Motion. The Clerk is directed to enter judgment. Signed by Chief Judge Margaret M. Sweeney. (lfh) Service on parties made.

Keywords: re: Order on Motion for Summary Judgment, Order on Cross Motion [Dispositive], 50 U.S.C. § 2566, Appropriations, Cross-Motions for Summary Judgment, Economic and Impact Assistance Payments, Judgment Fund, RCFC 56, Reported Opinion.

18-1579 • ELLIS v. USA

Filed 08/20/2019
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1); finding as moot [4] Motion for Leave to Proceed in forma pauperis; finding as moot [24] Motion for Leave to File 2006 Proposed Jaja's Contract. The Clerk is directed to enter judgment. Signed by Senior Judge Marian Blank Horn. (rp) Service on parties made. Plaintiff served via certified mail, article number 7018 0040 0001 1393 4915. Modified on 9/19/2019 - Corrected text(jt1).

Keywords: Pro Se Plaintiff; Subject-Matter Jurisdiction; Motion to Dismiss; Tax; Tax Refund.

18-1768 • EL v. USA

Filed 08/20/2019
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1) and (6). The Clerk is directed to enter judgment. Signed by Senior Judge Marian Blank Horn. (rp) Service on parties made. Plaintiff served via certified mail, article number 7018 0040 0001 1393 4908

Keywords: Pro Se Plaintiff; Tax; RCFC (9)m; Subject Matter Jurisdiction; Failure to State a Claim; Breach of Contract; Due Process; Fifth Amendment.

19-593 • CRITERION SYSTEMS, INC. v. USA

Filed 08/19/2019
REPORTED OPINION. Signed by Judge Richard A. Hertling. (abg) Service on parties made.

Keywords: re: Pre-Award Bid Protest; Late Quote; RCFC 52.1; Judgment on the Administrative Record; Administrative Record; 28 U.S.C. Section 1491(b).

16-1409 • UNION TELECOM LLC v. USA

Filed 08/16/2019
REPORTED OPINION The Clerk is directed to enter judgment. Defendant shall make any filings pursuant to Rule 54(d) within 30 days of the date of final judgment. Signed by Judge Thomas C. Wheeler. (ez) Service on parties made.

Keywords: re: Reported Opinion 26 U.S.C. § 4251; Federal Excise Tax; Tax Refund; Prepaid Telephone Cards; Telecommunications Carrier; Transferee; Telecommunications Carrier Affiliate; Alter Ego

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

Filed 08/14/2019
REPORTED OPINION of the court's opinion issued under seal on July 24, 2019, see denying [44] Motion for Judgment on the Administrative Record; denying [45] Motion to Supplement the Administrative Record; denying [48] Cross Motion; granting [51] Motion to Dismiss; granting [21] Motion to Supplement the Administrative Record. On or before 7/31/2019, defendant shall FILE a Notice of the filing of the declarations of Ambros D. Montoya and David Shahady, attaching the declarations as presented in defendant's motion, ECF Nos. 21-1 and 21-2, as a separate docket entry in this matter. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made.

Keywords: re: Reported Opinion. Motion to Dismiss; RCFC 12(b)(1); Motion for Judgment on the Administrative Record; RCFC 52.1; Motion to Supplement the Administrative Record; Dismissal for Lack of Jurisdiction; RCFC 12(h)(3). (TQ)

18-419 • LABRUZZO et al v. USA

Filed 08/14/2019
REPORTED OPINION & ORDER: denying Motion to Dismiss for lack of subject-matter jurisdiction and failure to state a claim; granting [26] Plaintiffs' Motion for Leave to File First Supplemental Memorandum; and denying as moot [26] Plaintiffs' Motion to Conduct Discovery into Jurisdiction. Joint Status Report providing a proposed plan for discovery and other proceedings due by 9/6/2019). Signed by Senior Judge Charles F. Lettow.

Keywords: re: Takings claim; Louisiana Commandeering Order responding to Hurricane Katrina; jurisdiction; effect of prior state suits; post-emergency federal action prompting permanent taking claim.

19-369 • TECHNATOMY CORPORATION v. USA

Filed 08/13/2019
REPORTED ORDER. Signed by Senior Judge Victor J. Wolski. (ef) Service on parties made.

19-473 • SECOND STREET HOLDINGS, LLC et al v. USA

Filed 08/13/2019
REPORTED MEMORANDUM OPINION AND ORDER. Signed by Judge Lydia Kay Griggsby. (jw) Service on parties made.

Keywords: Pre-Award Bid Protest; Judgment Upon the Administrative Record; RCFC 52.1; Motion To Supplement The Administrative Record re: Reported Memorandum Opinion and Order.

18-1216 • JARURN INVESTORS, LLC v. USA

Filed 08/12/2019
Granting Motion to Dismiss - Rule 12(b)(1) and (6); REPORTED OPINION The Clerk is directed to enter judgment. Signed by Senior Judge Nancy B. Firestone. (gd) Service on parties made.

Keywords: re: Order on Motion to Dismiss. Motion to Dismiss; RCFC 12(b)(1); RCFC 12(b)(6); Subject Matter Jurisdiction; Failure to State a Claim; Contract Interpretation; Contract Disputes Act; Implied Covenant of Good Faith and Fair Dealing; Unjust Enrichment.

19-61 • SAFEGUARD BASE OPERATIONS, LLC v. USA

Filed 08/12/2019
REPORTED OPINION. Signed by Senior Judge Marian Blank Horn. (td) Service on parties made.

Keywords: Post-Award Bid Protest; Motion to Dismiss; Cross-Motions for Judgment on the Administrative Record; Standing; Solicitation Interpretation; Waiver; Clarifications; Best-Value Tradeoff.

19-1022 • THE STATE OF OKLAHOMA et al v. USA

Filed 08/12/2019
REPORTED OPINION AND ORDER: denying Plaintiffs' Motion for Preliminary Injunction; denying [6] Plaintiffs' Motion for TRO; denying [25] Defendant's Cross-Motion to Dismiss; denying Defendant-Intervenor's [29] Motion to Dismiss. Signed by Senior Judge Charles F. Lettow.

Keywords: re: OPINION AND ORDER: Application for a temporary restraining order; motion to dismiss for lack of subject matter jurisdiction; 28 U.S.C. § 1500; the Randolph-Sheppard Act, 20 U.S.C. §§ 107-107f; requirements for a temporary restraining order.

14-198 • BOWLES v. USA

Filed 08/08/2019
REPORTED OPINION. The Clerk is directed to enter judgment. Signed by Senior Judge Loren A. Smith. (mr) Service on parties made.

Keywords: Termination for Default; Termination for Convenience; Bad Faith; Breach of Contract. Re: Reported Opinion.

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