USCFC General Jurisdiction-Reported

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19-1874 • AMERICAN RELOCATION CONNECTIONS, LLC v. USA

Filed 04/10/2020
REPORTED ORDER granting MOTION to Redact [40] Order on Motion to Withdraw, Order on Motion for Judgment on the Admin. Record, Order on Motion to Supplement the Administrative Record, Sealed Opinion/Order, filed by AMERICAN RELOCATION CONNECTIONS, LLC. Signed by Judge Ryan T. Holte. (jln) Service on parties made. Modified on 4/13/2020 - corrected typographical error (jt1).

Keywords: Post-award bid protest; best-value trade off; FAR Subpart 8.4; RCFC 52.1; judgment on the administrative record; equally-weighted subfactors.

19-1167 • REDD v. USA

Filed 04/08/2020
REPORTED OPINION granting Motion for Leave to Proceed in forma pauperis; granting [10] Motion to Dismiss. The Clerk is directed to enter judgment. Signed by Judge Eleni M. Roumel. (klb) Service on parties made; plaintiff served via U.S. mail.

19-505 • NYCAL OFFSHORE DEVELOPMENT CORPORATION v. USA

Filed 04/07/2020
REPORTED ORDER denying-in-part Motion to Dismiss - Rule 12(b)(1) and (6); ( Status Report due by 5/1/2020). Signed by Judge Ryan T. Holte. (es) Service on parties made.

Keywords: re: Motion to Dismiss; RCFC 12(b)(1); RCFC 12(b)(6); 28 U.S.C. § 1500; Jurisdiction; Motion to Intervene; Statutory Interpretation Order on Motion to Dismiss - Rule 12(b)(1) and (6), Reported Order

15-767 • ACLR, LLC v. USA

Filed 04/06/2020
REPORTED OPINION of the court's March 23, 2020 **SEALED**OPINION denying [51] plaintiff's MOTION for Partial Summary Judgment filed by ACLR, LLCgranting [52] defendant's CROSS MOTION filed by USA; and DISMISSING plaintiff's claim for damages (in Case No. 16-309C) above that which it presented to the contracting officer. No redactions of the sealed opinion were proposed by the parties. Thus, the sealed and public versions of this opinion are identical, except for the publication date and first footnote. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made. Modified on 4/8/2020 - corrected minor typographical error (jt1).

Keywords: re: Reported Opinion. Summary Judgment; RCFC 56; Termination for Convenience; Constructive Termination for Convenience; Breach of Contract. (TQ)

19-1749 • DOE NO. 1 et al v. USA

Filed 04/06/2020
REPORTED OPINION granting Unopposed Motion to Certify - Conditional Certification and Notice. Signed by Judge Elaine D. Kaplan. (feb) Service on parties made.

Keywords re Opinion and Order Granting Motion for Conditional Certification and Notice: Conditional Certification; Proposed Notice; Class Action; FLSA; Overtime Pay; Federal Bureau of Investigation; English Monitor Analyst

19-1737 • COMPUTER WORLD SERVICES CORP. v. USA

Filed 04/06/2020
REPORTED MEMORANDUM OPINION and ORDER denying CWS's motion for judgment upon the administrative record; denying the government's motion to dismiss; granting the government's and Alethix's respective cross-motions for judgment upon the administrative record; denying CWS's motions for preliminary injunction and for TRO; and dismissing the complaint. Signed by Judge Lydia Kay Griggsby. (jp) Service on parties made.

Keywords: Post-Award Bid Protest; Judgment Upon The Administrative Record; RCFC 52.1; Injunctive Relief; RCFC 65; Motion to Dismiss; RCFC 12(b)(1); Waiver, re: Reported Memorandum Opinion and Order.

19-47 • CARPENTER et al v. USA

Filed 04/03/2020
REPORTED OPINION (Joint Status Report due by 4/24/2020) Granting Motion for Partial Summary Judgment; Granting in part and Denying in part [24] Motion for Partial Summary Judgment; Finding as Moot[28] Motion for Oral Argument. The Clerk is directed to enter judgment. Signed by Judge David A. Tapp. (jm) Service on parties made. (Main Document 29 replaced on 4/6/2020 to add Rule 54(b) language and correct the letter on the case number.)

Keywords: re: Reported Opinion, rails-to-trails, easements, Fifth Amendment, Vermont, takings, railroad, right-of-way, merger doctrine, partial summary judgment, railbanking, RCFC 56(a)

17-1174 • TAHA et al v. USA

Filed 04/01/2020
REPORTED OPINION AND ORDER Plaintiffs are unable to meet their burden to show that this court has jurisdiction over their 2003 tax refund claim. Consequently, plaintiffs' claim shall be dismissed for lack of subject-matter jurisdiction. The Clerk is directed to enter judgment. Signed by Senior Judge Charles F. Lettow. (tb) Service on parties made. Modified on 4/1/2020 - Corrected PDF.

Keywords: re: Reported Opinion, Claim tor tax refund; tax paid on shareholder's portion of Subchapter S corporation's income that was reported but never received by the shareholder; physical-delivery rule for refund claims; exceptions to that rule, 26 U.S.C. § 7502, not satisfied; seven-year period of limitation for business bad debt claims; 26 U.S.C. § 651l(d)(l)

16-1264 • NICELY v. USA

Filed 03/27/2020
REPORTED OPINION finding as moot Motion for Judgment on the Administrative Record; denying [58] Motion for Judgment on the Administrative Record; granting [61] Partial Motion to Dismiss and Cross-Motion for Judgment on the Administrative Record. The Clerk is directed to enter judgment. Signed by Judge David A. Tapp. (co) Service on parties made.

Keywords re: Order on Motion for Judgment on the Admin. Record, Reported Opinion: Military Pay Act, 37 U.S.C. § 204(a); Motion to Dismiss; Military Whistleblower Protection Act, 10 U.S.C. § 1034; Service Member Correction Boards; 10 U.S.C. § 1552(a)(1); Civilian; Ineffective Assistance of Counsel.

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

Filed 03/27/2020
REPORTED ORDER denying Motion for Protective Order To Preclude Plaintiffs' Discovery Into Irrelevant, Sensitive, and Categorically Privileged Material filed by USA; granting in part [56] Motion to Compel Production of Documents and Amended Responses to Discovery Requests filed by UNITED AFFILIATES CORPORATION, MINGO LOGAN COAL LLC. (Government's Privilege Log due by 4/27/2020). Signed by Judge Thomas C. Wheeler. (sb) Service on parties made.

Keywords: re: Order on Motion for Protective Order, Order on Motion to Compel, Reported Order, Motion to Compel, Fifth Amendment Takings Claim, Protective Order, Discovery Dispute, Relevance, Privilege, High-Ranking Government Officials, Constitutional Challenge, Administrative Record, Administrative Procedure Act.

19-710 • AEG INVESTMENTS, LP et al v. USA

Filed 03/27/2020
REPORTED ORDER staying consideration of Motion to Enter. Joint Status Report due by 4/17/2020. Signed by Judge Thomas C. Wheeler. (nc) Service on parties made.

Keywords re: Order on Motion for Miscellaneous Relief, Reported Order: Election of Counsel; Discharge of Counsel; ABA Model Rule 1.16; Legal Ethics.

19-2014 • PARADIGM ENGINEERS AND CONSTRUCTORS, PLLC v. USA

Filed 03/25/2020
PUBLIC REPORTED OPINION re MOTION for Judgment on the Administrative Record filed by PARADIGM ENGINEERS AND CONSTRUCTORS, PLLC, and [26] Cross Motion for Judgment on the Administrative Record filed by THE UNITED STATES. Signed by Judge Richard A. Hertling. (abg) Service on parties made.

Keywords: re: Motion for Judgment on the Administrative Record; RCFC 52.1; NAICS Code Protest; Small Business Administration Office of Hearings and Appeals.

16-1276 • CITY OF FRESNO et al v. USA

Filed 03/25/2020
REPORTED OPINION GRANTING-IN-PART and DENYING-IN-PART: Motion to Dismiss pursuant to Rules 12 (b)(1) and (6) filed by SANTA CLARA VALLEY WATER DISTRICT, JAMES IRRIGATION DISTRICT, BYRON BETHANY IRRIGATION DISTRICT, GRASSLAND WATER DISTRICT, SAN LUIS & DELTA-MENDOTA WATER AUTHORITY, SAN LUIS WATER DISTRICT, WESTLANDS WATER DISTRICT, DEL PUERTO WATER DISTRICT; [137] Motion to Dismiss pursuant to Rules 12 (b)(1) and (6) filed by SAN JOAQUIN RIVER EXCHANGE CONTRACTORS WATER AUTHORITY; and [136] Motion to Dismiss pursuant to Rules 12(b)(1) and (6) filed by USA. Status Report due by 4/24/2020. Signed by Judge Elaine D. Kaplan. (feb) Service on parties made.

Keywords re Opinion and Order GRANTING-IN-PART and DENYING-IN-PART motions to dismiss: Takings Clause; Fifth Amendment; Breach of Contract; Water Rights; Bureau of Reclamation; Motion to Dismiss; Subject-Matter Jurisdiction; Failure to State a Claim.

19-1346 • PENROSE PARK ASSOCIATES, L.P. v. USA

Filed 03/23/2020
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, 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), Reported Opinion. Motion to Dismiss; Lack of Subject-Matter Jurisdiction; RCFC 12(b)(1). (TQ)

19-1961 • KIEWIT INFRASTRUCTURE WEST CO. v. USA

Filed 03/23/2020
PUBLIC REPORTED OPINION re: the plaintiff's MOTION for Judgment on the Administrative Record and [24] the defendant's MOTION for Judgment on the Administrative Record.. Signed by Judge Richard A. Hertling. (ah) Service on parties made.

Keywords: re: Reported Opinion, Pre-Award Bid Protest; Invitation for Bids; Cancellation; Compelling Reason; Arbitrary and Capricious

17-436 • LEMON BAY COVE, LLC v. USA

Filed 03/20/2020
REPORTED OPINION denying Motion for Partial Summary Judgment; denying [46] Motion for Summary Judgment. Signed by Senior Judge Mary Ellen Coster Williams. (ag) Service on parties made.

Keywords: re: Fifth Amendment Taking; Cross-motions for Summary Judgment; Regulatory Taking; Categorical Taking.

18-972 • BP EXPLORATION & PRODUCTION INC. v. USA

Filed 03/18/2020
**RE-DOCKETED FOR PUBLICATION** REPORTED OPINION AND ORDER granting plaintiff's Motion for Judgment on the Administrative Record; denying defendant's [42] Cross-Motion for Judgment on the Administrative Record. Plaintiff is awarded judgment for $1,536,785 as well as associated interest on all unpaid refunds. The clerk shall enter judgment in accord with this disposition. Signed by Senior Judge Charles F. Lettow. (tb) Service on parties made.

Keywords: Reported Opinion and Order Suit to recover leasehold royaltyoverpayments and interest; Federal Oil and Gas Royalty Management Act, 30U.S.C. §§ 1701-59, as amended by the Federal Oil and Gas RoyaltySimplification and Fairness Act and the Fixing Americas SurfaceTransportation Act of 2015; statutory interpretation; Federal Savings Statute, 1U.S.C. § 109 Jonathan

15-417 • ANDREWS et al v. USA

Filed 03/18/2020
REPORTED OPINION granting Motion for Partial Summary Judgment; denying [64] Motion for Partial Summary Judgment The Clerk is directed to enter judgment for defendant. Signed by Senior Judge Eric G. Bruggink. (jpk1) Service on parties made.

Keywords: re: Order on Motion for Partial Summary Judgment,, Reported Opinion: Fifth Amendment Taking; Rails-to-Trails; Motion for Partial Summary Judgment; RCFC 56; Trails Act; Florida Law; Right-of-Way

18-1438 • MOFFITT et al v. USA

Filed 03/17/2020
REPORTED OPINION Granting Motion for Partial Summary Judgment; Granting in part and Denying in part [33] Motion for Partial Summary Judgment The Clerk is directed to enter partial judgment. (Status Report due by 3/31/2020). Signed by Judge David A. Tapp. (jm) Service on parties made.

Keywords: re: Order on Motion for Partial Summary Judgment, Reported Opinion, rails-to-trails, easements, Fifth Amendment, takings, railroad, right-of-way, merger doctrine, summary judgment, railbanking, RCFC 56(a)

19-1610 • BHB LTD. PARTNERSHIP et al v. USA

Filed 03/16/2020
REPORTED OPINION of the court's **SEALED**OPINION AND ORDER, ECF No. [49], issued on February 13, 2020, denying MOTION to Supplement The Administrative Record filed by BHB LTD. PARTNERSHIP, INDIANA ASSOCIATES LTD. PARTNERSHIP OF WASHINGTON, D.C. On or before 2/27/2020, the parties are directed to CONFER and FILE a notice of filing attaching a proposed redacted version of this opinion, with any competition-sensitive or otherwise protectable information blacked out. The parties are directed to CONFER and FILE a joint status report, on or before 3/5/2020, proposing a schedule resuming briefing on the parties motions for judgment on the AR. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made.

Keywords: re: Reported Opinion. Pre-Award Bid Protest; Motion to Supplement the Administrative Record; Motion to Complete the Administrative Record.(TQ)

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