USCFC General Jurisdiction-Reported

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U.S. Court of Federal Claims Opinions
Updated: 8 months 3 weeks ago

15-1549 • UNIVERSITY OF SOUTH FLORIDA BOARD OF TRUSTEES v. USA

Filed 09/01/2021
REPORTED OPINION of the court's August 25, 2021 **SEALED** OPINION denying 186 Motion in Limine. The sealed and public versions of this opinion are identical, except for the publication date and this footnote. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made.

Keywords: re: Reported Opinion, Motion in Limine; FRE 702; Expert Testimony; RCFC 11(b); Show Cause. (TQ)

20-691 • M. NICOLAS ENTERPRISES, LLC., ET AL

Filed 09/01/2021
REPORTED ORDER granting Motion to Dismiss - Rule 12(b)(1). Michelle Nicolas is Dismissed for lack of standing Signed by Judge Kathryn C. Davis. (beg) Service on parties made. Modified on 9/8/2021 to clarify the docket

19-683 • SLAUGHTER v. USA

Filed 08/31/2021
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1). The Clerk is directed to enter judgment. Signed by Judge Zachary N. Somers. (ktm) Service on parties made.

14-397 • JACKSON v. USA

Filed 08/31/2021
REPORTED OPINION (Status Report due by 9/30/2021) granting Motion for Partial Summary Judgment. Signed by Senior Judge Mary Ellen Coster Williams. (asp) Service on parties made.

Keywords: re: Order on Motion for Partial Summary Judgment, Reported Opinion: Fifth Amendment Taking; National Trails System Act; 16 U.S.C. § 1247(d); Just Compensation; Valuation; Expert Witness Credibility; Admissibility of Exhibit After Trial; Interest Rate Appropriate for Just Compensation.

15-501 • 3RD EYE SURVEILLANCE, LLC v. USA

Filed 08/27/2021
REPORTED OPINION granting in part and denying in part Motion to Compel; granting [521] Motion to Supplement Pleadings - Rule 15(d) (Privilege Logs due by 9/17/2021). Signed by Senior Judge Charles F. Lettow.

Keywords: re: Patent case; motion to compel; adequacy of privilege logs; joint defense agreement; common interest doctrine.

18-1746 • O'HARE v. USA

Filed 08/27/2021
REPORTED OPINION AND ORDER granting Defendant's Motion for Judgment on the Administrative Record; denying [22] Plaintiff's Cross Motion for Judgment on the Administrative Record. The Clerk is directed to enter judgment. Signed by Judge Stephen S. Schwartz. (cmc) Service on parties made.

21-1084 • 10 TANKER AIR CARRIER, LLC v. USA

Filed 08/27/2021
REPORTED OPINION AND ORDER. Unsealed public redacted version OF denying plaintiff's [28] MJAR; granting the government's [31] cross-MJAR and MTD; granting Aero-Flite's [32] cross-MJAR and MTD; and granting Erickson's [30] cross-MJAR and MTD. Signed by Judge Ryan T. Holte. (tjw) Service on parties made.

Keywords: re: Reported Order. Post-Award Bid Protest; MJAR; Motion to Dismiss; Blue & Gold; Best-Value Determination; Overall Price; Mistake of Fact; Unstated Evaluation Criteria.

20-1061 • FISHERMEN'S FINEST, INC. et al v. USA

Filed 08/27/2021
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(6). The Clerk is directed to enter judgment. Signed by Senior Judge Marian Blank Horn. (dl1) Service on parties made.

21-1279 • SWIFT & STALEY, INC. v. USA

Filed 08/27/2021
REPORTED OPINION AND ORDER. Unsealed public redacted version of Opinion granting [25] Plaintiff's Motion for Judgment on the Administrative Record; denying [29] Defendant's Cross Motion; denying [30] Defendant-Intervenor's Cross Motion. Case is remanded to OHA. Signed by Judge Thompson M. Dietz. (brs) Service on parties made.

Keywords: re: Reported Opinion; Bid Protest; Motion for Judgment on the Administrative Record; SBA Size Determination; regulatory interpretation; Remand Order; 13 C.F.R. § 121.103(h); SBA Joint Venture Status; small business standards; affiliation; plain language of regulation; populated joint venture treatment under 13 C.F.R. § 121.103(h)(5)(2020).

16-1406 • LCC-MZT TEAM IV v. USA

Filed 08/26/2021
REPORTED OPINION. Signed by Senior Judge Marian Blank Horn. (dl1) Service on parties made.

16-1485 • VALTE et al v. USA

Filed 08/26/2021
REPORTED OPINION AND ORDER denying without prejudice Motion to Certify Class; denying as moot [34] Motion For Equitable Tolling . The parties are ORDERED to file a Joint Status Report on or before 9/27/2021. Signed by Judge Stephen S. Schwartz. (cmc) Service on parties made.

15-1549 • UNIVERSITY OF SOUTH FLORIDA BOARD OF TRUSTEES v. USA

Filed 08/25/2021
REPORTED OPINION denying Motion in Limine; denying [187] Motion in Limine. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made.

Keywords: re: Opinion on Motion in Limine, FRE 401; Relevance.(TQ)

20-359 • BRASWELL et al v. USA

Filed 08/20/2021
REPORTED ORDER granting in part and denying in part Motion to Stay; finding as moot [22] Motion for Extension of Time to File Reply filed by USA. Signed by Senior Judge Victor J. Wolski. (jak) Service on parties made.

20-1784 • CHEVRON U.S.A. INC. et al v. USA

Filed 08/19/2021
REPORTED OPINION denying Motion to Dismiss - Rule 12(b)(1) and (6); granting in part and denying in part [10] Cross Motion. Defendant shall file its answer by 9/13/2021. Signed by Senior Judge Charles F. Lettow.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1) and (6), Order on Cross Motion [Dispositive], Reported Opinion: Suit for breach of contract; indemnity clause in contracts for production of high-octane gasoline during World War II; jurisdiction under the Contract Settlement Act of 1944, repealed but preserved in this case under the savings clause of the repealer; effect of a release; factual issues bar summary judgment

21-1148 • JARVIS v. USA

Filed 08/19/2021
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1); granting [2] Motion for Leave to Proceed in forma pauperis. The Clerk is directed to enter judgment. The court also 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, plaintiff's claims are clearly beyond the subject matter jurisdiction of this court. Signed by Senior Judge Margaret M. Sweeney. (jb2) Service on parties made; plaintiff served via U.S. mail.

Keywords: re: Pro Se Claim; Reparations Claim Founded on Native American Heritage, Enslaved Ancestors, and Systemic Racism; RCFC 12(b)(1).

20-1870 • ASKAN HOLDINGS, LTD. v. USA

Filed 08/19/2021
REPORTED OPINION. Under 28 U.S.C. § 1500, the Court lacks jurisdiction over the plaintiff's claim and must dismiss the complaint. The defendant's motion to dismiss under RCFC 12(b)(1) for lack of jurisdiction is granted. The Court will issue an order in accordance with this memorandum opinion. Signed by Judge Richard A. Hertling. (dhf) Service on parties made.

21-1685 • SERGENT'S MECHANICAL SYSTEMS, INC. v. USA

Filed 08/19/2021
REPORTED ORDER: Denying Plaintiff's motion for temporary restraining order and preliminary injunction. DENYING as MOOT [8] Plaintiff's motion to seal document. Signed by Judge Matthew H. Solomson. (ids) Service on parties made. Modified on 8/19/2021 by replacing main document with corrected

21-1053 • BLUE TECH INC. v. USA

Filed 08/17/2021
REPORTED OPINION (Re-issuance of July 30, 2021 Opinion for Publication). Signed by Judge Edward H. Meyers. (aak) Service on parties made.

19-688 • SILVER STATE LAND LLC v. USA

Filed 08/17/2021
REPORTED OPINION: GRANTING Plaintiff's motion for partial summary judgment and DENYING [55] the government's motion for summary judgment. Signed by Judge Matthew H. Solomson. (ids) Service on parties made.

20-1614 • AMERICAN K-9 DETECTION SERVICES, LLC v. USA

Filed 08/16/2021
REPORTED OPINION. Unsealed public redacted version of [107]. Signed by Judge Ryan T. Holte. (tjw) Service on parties made.

Keywords: re: Reported Opinion. Organizational Conflict of Interest; Unequal Access to Information OCI; Biased Ground Rules OCI; USPS SP&Ps; RCFC 52.2; Remand Without Vacatur; Bias Allegation; Technical Evaluation Factors; Best-Value Tradeoff.

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