USCFC General Jurisdiction-Reported

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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

13-385 • WASHINGTON FEDERAL et al v. USA

Filed 07/16/2020
REPORTED OPINION AND ORDER. Public version of opinion and order filed under seal on July 9, 2020. Signed by Chief Judge Margaret M. Sweeney. (jb2) Service on parties made.

Keywords: re: Reported Opinion and Order: Motion to Dismiss; RCFC 12(b)(1); RCFC 12(b)(6); Jurisdiction; Standing; Direct Claims; Conservators; Shareholders; Fannie; Freddie; FHFA

19-1331 • BENCH CREEK RANCH, LLC et al v. USA

Filed 07/16/2020
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1) and (6). The Clerk is directed to enter final judgment in favor of defendant, and DISMISS plaintiffs' complaint in its entirety, without prejudice. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1) and (6), Reported Opinion. Motion to Dismiss; RCFC 12(b)(1); Lack of Subject Matter Jurisdiction; Claims Sounding in Tort. (TQ)

17-1763 • THE TOLLIVER GROUP, INC. v. USA

Filed 07/14/2020
REPORTED OPINION awarding legal fees and costs. The Clerk is directed to enter judgment. Signed by Senior Judge Charles F. Lettow.

Keywords re Reported Opinion: Federal contractors claim for partial reimbursement of legal fees and costs incurred in successful defense of qui tam suit; equitable adjustment; reasonableness of fees incurred.

18-111 • CHESHIRE HUNT, INC., et al v. USA

Filed 07/09/2020
REPORTED ORDER denying Motion to Stay; Joint Status Report due by 7/23/2020. Signed by Judge Thomas C. Wheeler. (nc) Service on parties made.

Keywords: re: Order on Motion to Stay, Reported Order: Motion to Stay; Rails-to-Trails; Fifth Amendment Taking; Indefinite Stay; Pressing Need.

18-1943 • HCIC ENTERPRISES, LLC v. USA

Filed 07/09/2020
REPORTED OPINION denying Second Motion to Amend Pleadings. Show Cause Notice due by 7/24/2020. Signed by Judge Elaine D. Kaplan. (feb) Service on parties made.

Keywords re Order denying Second Motion to Amend Pleadings: Motion to Amend; Futility; Bad Faith; Contracting Officer Final Decision.

13-227 • JONES et al v. USA

Filed 07/08/2020
REPORTED OPINION on defendant's motion for summary judgment. Signed by Judge Richard A. Hertling. (ah) Service on parties made.

Keywords: re: Reported Opinion, Summary Judgment, Sufficiency of Evidence, Issue Preclusion, Bad Men Provision

20-240 • YANG v. USA

Filed 07/08/2020
REPORTED OPINION: granting in part and denying in part Motion to Remand. The case is remanded for a period not to exceed four months. The case is stayed pending the results of the remand. Status report from defendant due on 8/7/2020 and every 30 days thereafter during the pendency of the remand. Signed by Senior Judge Charles F. Lettow.

Keywords re [19]: Military disability; injury suffered during Navy Seal training exercise; opposed motion for voluntary remand; application of SKF USA.

16-1001 • SENECA SAWMILL COMPANY v. USA

Filed 07/02/2020
REPORTED OPINION granting in part and denying in part Motion for Summary Judgment. Status Report due by 8/3/2020. Signed by Judge Elaine D. Kaplan. (arlr) Service on parties made.

17-835 • A SQUARED JOINT VENTURE v. USA

Filed 07/01/2020
REPORTED OPINION denying Motion for Attorney Fees and Bid Preparation and Proposal Costs. The Clerk is directed to enter judgment. Signed by Senior Judge Nancy B. Firestone. (lb) Service on parties made.

Keywords re: Order on Motion for Attorney Fees, Reported Opinion: Bid Preparation and Proposal Costs; Causation; Equal Access to Justice Act; Prevailing Party

17-1392 • DEJONG v. USA

Filed 07/01/2020
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1); finding as moot [22] Motion for Summary Judgment. The Clerk is directed to enter judgment. Signed by Senior Judge Loren A. Smith. (kn) Service on parties made.

Keywords: Fifth Amendment Takings Claim; RCFC 12(b)(1); Motion to Dismiss; RCFC 56; Motion for Summary Judgment; Tucker Act; 28 U.S.C. § 1491; Stabilization Doctrine; Statute of Limitations; 28 U.S.C. § 2501; Time-Barred. Re: Order on Motion to Dismiss - Rule 12(b)(1), Order on Motion for Summary Judgment, Reported Opinion.

19-1795 • SHELL OIL COMPANY et al v. USA

Filed 06/29/2020
REPORTED OPINION granting in part and denying in part Motion for Summary Judgment; granting in part and denying in part [12] Motion to Dismiss - Rule 12(b)(1) and (6). The Clerk is directed to enter judgment. Signed by Senior Judge Charles F. Lettow.

Keywords re Reported Opinion: Suit for recovery of charges in the form of environmental remediation costs incurred as a result of avgas contracts entered in the 1940s; res judicata; partial breach; Restatement (Second) of Contracts § 243; application of the Contract Settlement Act and the savings clause of Pub. L. No. 111-350.

13-466 • CACCIAPALLE et al v. USA

Filed 06/26/2020
REPORTED OPINION finding as moot Motion to Certify Class; granting [76] Motion to Dismiss - Rule 12(b)(1) and (6). The Clerk is directed to enter judgment. Signed by Chief Judge Margaret M. Sweeney. (jb2) Service on parties made.

Keywords: re: Reported Opinion: Motion to Dismiss; RCFC 12(b)(1); RCFC 12(b)(6); Jurisdiction; Standing; Direct Claims; Instrumentalities; Coercion; Agent; Conservators; Conflict of Interest; Stock; Shareholders; Judicial Taking; Privity of Contract; Fannie; Freddie; FHFA

19-1115 • TECHNOLOGY INNOVATION ALLIANCE LLC v. USA

Filed 06/25/2020
PUBLIC OPINION [154]. Signed by Judge Elaine D. Kaplan. (feb) Service on parties made.

Keywords: re Bid Protest; DISA; Technical Evaluations; Substantively Indistinguishable; Office Design Group v. United States; Best Value Tradeoff.

19-1831 • BONDYOPADHYAY v. USA

Filed 06/23/2020
REPORTED OPINION granting Motion to Dismiss. The Clerk is directed to enter judgment. Signed by Senior Judge Marian Blank Horn. (dl1) Service on parties made; plaintiff served via U.S. mail.

Keywords: re: Pro Se; Patent Infringement; Res Judicata; Fifth Amendment Taking; Fraud; Statute of Limitations. Order on Motion to Dismiss, Reported Opinion.

14-513 • THALES VISIONIX, INC. v. USA

Filed 06/23/2020
REPORTED ORDER. Unsealed version of 143: order granting in part and denying in part 108 Motion to Compel. Signed by Judge Ryan T. Holte. (nb7) Service on parties made.

Keywords: re: Reported Order: Order on Motion to Compel; Patent Infringement; Motion to Compel Production of Source Code; RCFC 26(b)(1).

16-912 • LOVERIDGE et al v. USA

Filed 06/22/2020
REPORTED OPINION DENYING Partial Summary Judgment Motion on Adjacency Issues filed by Plaintiffs; GRANTING [107] Cross Motion and Response on Adjacency Issues filed by USA; DENYING [94] Motion for Partial Summary Judgment on Compensation of Easements Limited to Railroad Purposes filed by USA; GRANTING [91] Motion for Partial Summary Judgment on Parcels With No Identified Conveyance Deed filed by Plaintiffs. USA's Response to Motion on Abandonment [ECF No. 115] Due July 13, 2020. Signed by Senior Judge Nancy B. Firestone.

Keywords: re: Order on Motions for Partial Summary Judgment; Rails-to-Trails; Oregon Law; Abandonment; Adjacency; Centerline Presumption; Valuation Maps; Condemnation; Registrar of Title.

19-1797 • PERRY v. USA

Filed 06/17/2020
REPORTED OPINION and ORDER granting Motion to Dismiss - Rule 12(b)(1) and (6), and the Complaint hereby is dismissed for lack of jurisdiction and for failure to state a claim, pursuant to RCFC 12(b)(1) and 12(b)(6), respectively. The Clerk is directed to enter judgment and to reject any of plaintiff's further submissions in this action, unless such filings comply with the Court's rules regarding post-dismissal submissions. Signed by Judge Matthew H. Solomson. (si) Service on parties made. Modified docket text language on 6/18/2020 (ead). Modified on 6/18/2020 to add language re: accepting no further filings.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1) and (6). RCFC 12(b)(1); RCFC 12(b)(6); Tucker Act claims; illegal exaction claims; money-mandating claims; takings claims; implied-in-law contract claims; patent claims, 28 U.S.C. § 1498(a); 35 U.S.C. § 122(a); RCFC 41(b); frivolous complaint and filings, 28 U.S.C. § 1915(e)(2)(B)(i).

20-144 • MCCASKILL v. USA

Filed 06/15/2020
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1); denying as moot [2] Motion for Leave to Proceed in forma pauperis. The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler. (nc) Service on parties made.

Keywords re: Order on Motion to Dismiss - Rule 12(b)(1), Order on Motion for Leave to Proceed in forma pauperis, Reported Opinion: RCFC 12(b)(1); Motion to Dismiss; Subject-Matter Jurisdiction; Tucker Act Jurisdiction; Money-Mandating Source of Law.

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