USCFC General Jurisdiction-Reported

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16-1268 • JUST IN TIME STAFFING v. USA

Filed 06/11/2019
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1)and Rule 12(b)(6). The Clerk is directed to enter judgment. Signed by Senior Judge Bohdan A. Futey. (dg) Service on parties made.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1)and Rule 12(b)(6), Reported Opinion: Contract Disputes Act; Constructive Change; Inherently Governmental Function; National Labor Relations Act.

17-2057 • MAINE COMMUNITY HEALTH OPTIONS v. USA

Filed 06/10/2019
REPORTED OPINION granting Motion for Summary Judgment. The Clerk is directed to enter judgment for plaintiff in the amount of $19,230,875.27, which represents $846,493.02 in unpaid cost-sharing reduction reimbursements for 2017 and $18,384,382.25 in unpaid cost-sharing reduction reimbursements for 2018. Signed by Chief Judge Margaret M. Sweeney. (kb1)

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

19-771 • SHAPIRO v. USA

Filed 06/04/2019
REPORTED ORDER mooting plaintiff's application to proceed in forma pauperis, and directing the Clerk to enter judgment dismissing plaintiff's complaint for failure to state a claim and for lack of jurisdiction. Signed by Senior Judge Marian Blank Horn. (rp) Service on parties made. Plaintiff served via certified mail, article number 7018 0040 0001 1393 1778.

Keywords: Pro Se Plaintiff; Failure to State a Claim; Absence of Jurisdiction.

19-216 • MONROE v. USA

Filed 05/31/2019
REPORTED OPINION AND ORDER granting Motion to Dismiss - Rule 12(b)(1). Complaint dismissed without prejudice. The Clerk is directed to enter judgment. Signed by Senior Judge Charles F. Lettow. (rp) Service on parties made. Plaintiff served via certified mail, article number 7005 2570 0001 8602 3116.

Keywords: Claim for refund of garnishment of Army retirement pay; applicability of the Uniformed Service Former Spouses' Protection Act; 10 U.S.C. § 1408.

16-793 • SHEA v. USA

Filed 05/31/2019
REPORTED OPINION and ORDER: finding NCIS classified improperly Mr. Shea as FLSA exempt; finding NCIS erred in good faith and with a reasonable basis, precluding liquidated damages; denying plaintiff's request to reconsider grant of summary judgment to government on willfulness; denying plaintiff's Motion to Compel; awarding $42,750.84 in compensatory damages for July 2014 through September 2018; and awarding compensatory damages under the same methodology for overtime hours accrued after October 2018 until Mr. Shea has been classified as non-exempt. In due course, Mr. Shea may apply for an award of reasonable costs and reasonable fees for witnesses and attorneys under 29 U.S.C. § 216(b). The Clerk is directed to enter final judgment under RCFC 54(b) as specified. Signed by Senior Judge Charles F. Lettow.

Keywords: re: Post-trial decision on claim by federal employee for unpaid overtime and premium pay pursuant to the Fair Labor Standards Act, 29 U.S.C. § 216(b); primary duty test for exempt employees; 5 C.F.R. § 551.202(e); alternate test based on combination of functions; 5 C.F.R. § 551.202(h); measure of back pay; liquidated damages.

16-950 • CB&I AREVA MOX SERVICES, LLC v. USA

Filed 05/29/2019
REPORTED ORDER denying in part and finding moot in part Motion. Signed by Judge Thomas C. Wheeler. (ez) Service on parties made.

Keywords: re: Order on Motion for Miscellaneous Relief, Reported Order Contracts Disputes Act; 41 U.S.C. § 7109; Contractor Claim; Appeal of a Government Claim; Recovery of Interest

17-1969 • BOEING COMPANY v. USA

Filed 05/29/2019
REPORTED OPINION denying Motion for Judgment on the Pleadings; granting [15] Motion to Dismiss - Rule 12(b)(1) and (6). The Clerk is directed to enter final judgment DISMISSING plaintiff's compliant, as follows: Count I, Count II and Count III, with prejudice; and Count IV, without prejudice, for lack of subject matter jurisdiction. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made.

Keywords: re: Order on Motion for Judgment on the Pleadings,, Order on Motion to Dismiss - Rule 12(b)(1) and (6)Reported Opinion. Contract; Cost Accounting Standards Dispute; Failure to Establish Jurisdiction for Illegal Exaction Claim; Cross-Motions for Summary Judgment, RCFC 56; Waiver of Claims. (TQ)

19-615 • FISHER SAND & GRAVEL CO. v. USA

Filed 05/29/2019
REPORTED ORDER. Signed by Senior Judge Eric G. Bruggink. (jpk1) Service on parties made.

Keywords: re: Reported Order: Post-award bid protest; CICA stay override; Urgent and compelling circumstances; Determination and finding; Reilly Factors; AFARS 5133.104(b)(a)(A); National emergency; National Security.

17-67 • UNITED AFFILIATES CORPORATION et al v. USA

Filed 05/29/2019
REPORTED ORDER granting in part and denying in part Motion to Dismiss - Rule 12(b)(6); ( Status Report due by 6/28/2019). Signed by Judge Thomas C. Wheeler. (ez) Service on parties made.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(6), Reported Order Fifth Amendment Taking; Categorical Taking; Regulatory Taking; Clean Water Act; Motion to Dismiss for Failure to State a Claim; Rule 12(b)(6); Rule 9(i)

17-422 • COASTAL PARK LLC et al v. USA

Filed 05/28/2019
REPORTED OPINION (Status Report due by 6/14/2019) granting Motion to Partially Dismiss. The Clerk is directed to enter a Rule 54(b) judgment.Signed by Senior Judge Bohdan A. Futey. (aa) Service on parties made.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(6), Reported Opinion Contract Interpretation; Damages; Clauses Limiting Available Damages; Covenant of Good Faith and Fair Dealing

18-1411 • LITE MACHINES CORPORATION v. USA

Filed 05/21/2019
REPORTED OPINION granting in part and deferring in part Defendant's Motion to Dismiss - Rule 12(b)(6). Signed by Senior Judge Marian Blank Horn. (td) Service on parties made.

Keywords: Motion to Dismiss; Contract Disputes Act; Breach of Contract; Small Business Innovation Research Program; Christian Doctrine; Lost Profits; Implied-in-Fact Contract.

19-152 • DOE NO.1 et al v. USA

Filed 05/20/2019
REPORTED MEMORANDUM OPINION AND ORDER granting Motion to Certify Class and denying as moot [29] Plaintiff's Motion for Status Conference. Signed by Judge Lydia Kay Griggsby. (jp) Service on parties made.

Keywords: Conditional Certification Of Collective Action, FLSA Collective Action, Court Supervised Notice, re: Reported Memorandum Opinion and Order on Motion to Certify Class and Motion for Status Conference.

18-1828 • JACKSON v. USA

Filed 05/16/2019
REPORTED OPINION: The Court hereby GRANTS the Government's motion to dismiss. The Clerk is directed to enter judgment. Signed by Senior Judge Nancy B. Firestone for Senior Judge Edward J. Damich. (sh) Service on parties made.(Plaintiff served via certified mail; Article No. 7018 0040 0001 1393 4311)

Keywords: Tucker Act; Subject Matter Jurisdiction; Tax; Motion to Dismiss; Tax Refund; Wrongful Levy; Defamation; Intentional Infliction of Emotional Distress; Fifth Amendment Taking; Due Process; Tort.

19-259 • DOE No. 1 et al v. USA

Filed 05/15/2019
REPORTED OPINION AND ORDER granting Motion for Protective Order and to Permit Plaintiffs and Putative Class Members to File Their Claims Anonymously, filed by All Plaintiffs. Signed by Judge Thomas C. Wheeler. (dh) Service on parties made.

Keywords: RCFC 10(a); Fed. R. Civ. P. 10(a); Anonymous or Pseudonymous Plaintiffs re: Reported Opinion.

18-1607 • HALE v. USA

Filed 05/14/2019
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1) and (6) The Clerk is directed to enter judgment. Signed by Judge Elaine D. Kaplan. U.S. Certified Mail Tracking# 7018 0040 0001 1393 1280 (vds) Service on parties made.

Keywords: Subject-Matter Jurisdiction; Tax Refund; Offset; Illegal Exaction;Presumption of Correctness; I.R.C. § 6511; I.R.C. § 6532; I.R.C. § 7422;Statute of Limitations.

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

Filed 05/13/2019
REPORTED OPINION granting Defendant's Motion for Partial Summary Judgment; denying [80] Plaintiffs' Cross Motion for Partial Summary Judgment. Signed by Senior Judge Nancy B. Firestone. (gd) Service on parties made.

Keywords: re: Partial Summary Judgment; Rule 56; Recoverability of Attorneys Fees for Overseeing Litigation; Waiver of Sovereign Immunity; American Rule.

15-945 • 4DD HOLDINGS, LLC v. USA

Filed 05/10/2019
REPORTED OPINION (Reissuance of April 23, 2019 Sealed Opinion). Signed by Senior Judge Eric G. Bruggink. (wr) Service on parties made.

Keywords: re: Reported Opinion: Contracts; partial motion to dismiss for lack of subject matter jurisdiction; motion for sanctions; RCFC 12(b)(1); RCFC 37(e); 28 U.S.C. § 1498(b) (2012); authorization or consent; spoliation; electronically stored information.

15-348 • KANSAS CITY POWER & LIGHT CO. v. USA

Filed 05/10/2019
REPORTED OPINION Reissuing for Publication OPINION and ORDER granting in part and denying in part [132] Motion for Summary Judgment. Defendant is not entitled to summary judgment on the merits of KCP&L's duty-to-indemnify claim. Defendant is entitled to summary judgment on KCP&L's duty-to-defend claim and that portion of KCP&L's request for damages that is premised on expenses that its insurer reimbursed. Signed by Chief Judge Margaret M. Sweeney.

Keywords: re: Motion for Summary Judgment; RCFC 56; Indemnification; Duty to Defend; Negligence; Contract Disputes Act; Statute of Limitations; Offset; Collateral Source Rule; Contract Remedies; Subject Matter Jurisdiction

19-531 • FORTIS NETWORKS, INC. v. USA

Filed 05/09/2019
REPORTED OPINION denying Motion for TRO; denying [4] Motion for Preliminary Injunction; granting [11] Motion to Dismiss - Rule 12(b)(1). The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler. (ejg) Service on parties made.

Keywords: re: Order on Motion for TRO,, Order on Motion for Preliminary Injunction,, Order on Motion to Dismiss - Rule 12(b)(1),, Reported Opinion, **Motion to Dismiss; Subject Matter Jurisdiction; RCFC 12(b)(1); **Contract Disputes Act; Election Doctrine

18-1347 • AGILITY PUBLIC WAREHOUSING COMPANY KSCP v. USA

Filed 05/09/2019
REPORTED OPINION denying Motion for Judgment on the Pleadings; granting [21] Cross Motion; granting in part and denying in part [21] Motion to Dismiss - Rule 12(b)(1) The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler. (ez) Service on parties made.

Keywords: re: Order on Motion for Judgment on the Pleadings,, Order on Cross Motion [Dispositive],, Order on Motion to Dismiss - Rule 12(b)(1),, Reported Opinion, Motion for Judgment on the Pleadings; Rule 12(b)(1) Motion to Dismiss for Lack of Subject Matter Jurisdiction; 28 U.S.C. § 1500; Contracts Disputes Act; Debt Collection Act, 31U.S.C. § 3716; Declaratory Judgment

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