USCFC General Jurisdiction-Reported

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U.S. Court of Federal Claims Opinions
Updated: 1 year 1 month ago

19-471 • ATS FORD DRIVE INVESTMENT, LLC et al

Filed 10/06/2021
REPORTED OPINION. The claim of Paul G. Nix and Ann M. Mix is dismissed with prejudice as a sanction for Mr. Nix's misconduct. Pursuant to Rule 54(b) of the Rules of the United States Court of Federal Claims, there being no just reason for delay, the Clerk shall enter judgment in defendant's favor with respect to Mr. and Mrs. Nix's claim. The Clerk shall send this decision to Mr. and Mrs. Nix at their mailing address of record. Signed by Senior Judge Margaret M. Sweeney. (kb1) (Main Document 117 replaced on 10/6/2021 to correct a typo at the bottom of page 9.) (dls). Mr. and Mrs. Nix served via U.S. mail.

Keywords: re: Reported Opinion, - Dismissal of Claim as a Sanction for a Plaintiffs Misconduct; Profane, Threatening, and Abusive Communications; Inherent Power

21-1529 • AGILE-BOT II, LLC v. USA

Filed 09/30/2021
REPORTED OPINION. Signed by Senior Judge Marian Blank Horn. (jm5) Service on parties made.

19-244 • E&I GLOBAL ENERGY SERVICES, INC. et al v. USA

Filed 09/29/2021
REPORTED ORDER Granting in part and Denying in part Motion in Limine. (1) Evidence adduced at trial is limited to those issues previously identified by the Court. (2) E&I's proposed offer of proof is DENIED to the extent that testimony or those exhibits relate to previously dismissed Counts of the Complaint or claims for which summary judgment was granted. (3) The remaining issue relating to disputed documents intended to be offered at trial by E&I is reserved pending a determination at trial of relevance, materiality, and foundation. Signed by Judge David A. Tapp. (jm) Service on parties made.

18-612 • CALAPRISTI v. USA

Filed 09/28/2021
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1) and (6). The Clerk is directed to enter judgment. Signed by Judge Thompson M. Dietz. (adb) Service on parties made.

Keywords: re: Implied-in-fact Contract; Mutuality of Intent; Failure to State a Claim; RCFC 12(b)(6).

20-504 • WESTON v. USA

Filed 09/22/2021
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1). The clerk's office is directed to ENTER final judgment DISMISSING plaintiff's complaint for lack of subject matter jurisdiction, in favor of defendant, without prejudice. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made; plaintiff served via U.S. mail.

Keywords: re: Opinion on Motion to Dismiss 12(b)(1); Pro Se Complaint; Motion to Dismiss; RCFC 12(b)(1); Dismissal for Lack of Subject Matter Jurisdiction; Tax Refund Claim; Statute of Limitations; 26 U.S.C. § 6532(a)(1). (TQ)

14-167 • GEORGIA POWER COMPANY v. USA

Filed 09/21/2021
REPORTED OPINION of the court's August 25, 2021 sealed opinion and order ruling on [205] defendant's Motion for Reconsideration of the court's [202] Evidentiary Rulings Order is granted in part, for the limited purpose of finding that pages three through five of Plaintiffs' Exhibit 138 (Issue Number 3) are admitted under FRE 807, not under FRE 803(6); and denied in part, as to all other issues; AND denying [206] plaintiff's Partial Motion for Reconsideration. The final rulings in the court's November 4, 2020 evidentiary rulings order identifying which evidence is admissible and which evidence is excluded remain unchanged, see ECF No. [202] at 29-30. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made.

Keywords: re: Reported Opinion and Order; Motion for Reconsideration; RCFC 59(a); FRE 602; FRE 803(6); FRE 807. (TQ)

14-168 • ALABAMA POWER COMPANY et al v. USA

Filed 09/21/2021
REPORTED OPINION of the court's August 25, 2021 sealed opinion and order ruling on [205] defendant's Motion for Reconsideration of the court's [202] Evidentiary Rulings Order is granted in part, for the limited purpose of finding that pages three through five of Plaintiffs' Exhibit 138 (Issue Number 3) are admitted under FRE 807, not under FRE 803(6); and denied in part, as to all other issues; AND denying [206] plaintiff's Partial Motion for Reconsideration. The final rulings in the court's November 4, 2020 evidentiary rulings order identifying which evidence is admissible and which evidence is excluded remain unchanged, see ECF No. [202] at 29-30. Signed by Judge Patricia E. Campbell-Smith.

Keywords: re: Reported Opinion and Order; Motion for Reconsideration; RCFC 59(a); FRE 602; FRE 803(6); FRE 807. (TQ)

21-1626 • KINEMETRICS, INC. v. USA

Filed 09/17/2021
REPORTED OPINION granting motion to dismiss. Signed by Senior Judge Charles F. Lettow.

Keywords: re: post-award bid protest; Department of Defense pilot program for acquisitions of innovative commercial items, technologies, and services; National Defense Authorization Act for Fiscal Year 2017, § 879, 130 Stat. 2312; jurisdiction; standing; evaluation by peer review; exercise of discretion.

21-1460 • ROSS v. USA

Filed 09/17/2021
REPORTED OPINION denying Motion to Appoint Counsel ; granting [11] Motion to Dismiss - Rule 12(b)(1); denying [15] Motion for Default Judgment The Clerk is directed to enter judgment; denying Plaintiff's request to transfer the case to district court. Signed by Senior Judge Nancy B. Firestone. (dpk) Service on parties made; plaintiff served via U.S. mail.

Keywords: re: Order on Motion to Appoint Counsel, Order on Motion to Dismiss - Rule 12(b)(1), Order on Motion for Default Judgment, Reported Opinion, Pro Se; Motion to Appoint Counsel; Motion for Default Judgment; Motion to Dismiss; RCFC 12(b)(1); Motion to Transfer; 28 U.S.C. § 1631.

20-240 • YANG v. USA

Filed 09/17/2021
REPORTED OPINION granting in part and denying in part Motion for Attorney Fees. The Clerk is directed to enter judgment. Signed by Senior Judge Charles F. Lettow.

Keywords: re: Attorneys fees; Equal Access to Justice Act; 28 U.S.C. § 2412; prevailing party; some attorneys' hours not reasonably expended.

20-1045 • AMIR v. USA

Filed 09/16/2021
REPORTED OPINION denying motion for reconsideration. The court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that any appeal from this order would not be taken in good faith because, as alleged, Mr. Amir's claims are clearly beyond the subject matter jurisdiction of this court. The clerk's office shall REJECT any further filings in this case. Signed by Senior Judge Margaret M. Sweeney. (jb2) Service on parties made. plaintiff served via U.S. mail.

Keywords: re: Pro Se Plaintiff; Motion for Reconsideration.

16-259 • HEALTH REPUBLIC INSURANCE COMPANY v. USA

Filed 09/16/2021
REPORTED OPINION AND ORDER granting in part and denying in part Motion for Attorney Fees. Signed by Judge Kathryn C. Davis. (beg) Service on parties made. Modified on 9/16/2021 to clarify docket text

17-877 • COMMON GROUND HEALTHCARE COOPERATIVE v. USA

Filed 09/16/2021
REPORTED OPINION AND ORDER granting in part and denying in part Motion for Attorney Fees. Signed by Judge Kathryn C. Davis. (beg) Service on parties made. Modified on 9/16/2021 to clarify docket text

21-1095 • XL ASSOCIATES, INC. v. USA

Filed 09/15/2021
REPORTED OPINION reissuing ECF No. 33 SEALED OPINION and ORDER. Signed by Senior Judge Loren A. Smith. (ah) Service on parties made.

21-1028 • VS2, LLC v. USA

Filed 09/14/2021
REPORTED OPINION (Public Version): GRANTING Plaintiff VS2's MJAR; DENYING [31] the Government's MJAR; and DENYING [30] Defendant-Intervenor Vectrus's MJAR. Signed by Judge Matthew H. Solomson. (ids) Service on parties made.

20-1692 • THOMAS v. USA

Filed 09/10/2021
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1) and (6); denying [15] Motion for Default Judgment; granting [2] Motion for Leave to Proceed in forma pauperis. The Clerk is directed to enter judgment. Signed by Judge Thompson M. Dietz. (adb) Service on parties made; plaintiff served via U.S. mail.

Keywords: re: RCFC 12(b)(1); Lack of Subject-Matter Jurisdiction; In Forma Pauperis; Default Judgment.

18-1586 • DISTRICT OF COLUMBIA WATER AND SEWER v. USA

Filed 09/10/2021
OPINION granting in part and denying in part Motion for Summary Judgment. Signed by Senior Judge Marian Blank Horn. (jm5) Service on parties made.

19-711 • DISABLED VETERANS SECURITY, LLC v. USA

Filed 09/09/2021
REPORTED OPINION (Originally issued under seal on August 30, 2021). Signed by Senior Judge Nancy B. Firestone. (dpk) Service on parties made.

Keywords: re: Reported Opinion; Bid Protest; SDVOSB Set Aside; Solicitation Cancellation; Standing; Asset Sales; Actual Bidder; Successor-in-Interest.

21-1469 • PAE AVIATION AND TECHNICAL SERVICES, LLC v. USA

Filed 09/09/2021
REPORTED OPINION reissuing ECF No. 56 SEALED OPINION and ORDER. Signed by Senior Judge Loren A. Smith. (eas) Service on parties made.

19-629 • MCGHEE v. USA

Filed 09/03/2021
REPORTED OPINION AND ORDER: GRANTING the government's motion to dismiss pursuant to RCFC 12(b)(1) for lack of subject matter jurisdiction. DENYING as MOOT [20] the government's motion for judgment on the administrative record and [22] Plaintiff's cross-motion for judgment on the administrative record. DENYING as MOOT [28] Plaintiff's motion for hearing. The Clerk is directed to enter judgment for the government. Signed by Judge Matthew H. Solomson. (ids) Service on parties made. (Main Document 29 replaced on 9/7/2021 to correct PDF.) (tb). Modified on 9/7/2021 (tb). Modified on 9/7/2021 by replacing main document with corrected

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