USCFC General Jurisdiction-Reported

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19-1806 • CROSBY v. USA

Filed 12/20/2019
REPORTED Order dismissing plaintiff's complaint for lack of subject-matter jurisdiction and mooting Motion for Leave to Proceed in forma pauperis. The Clerk is directed to enter judgment. Signed by Senior Judge Marian Blank Horn. (dls) Service on parties made.

Keywords: re: Pro Se Plaintiff; Subject-Matter Jurisdiction.

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

Filed 12/20/2019
REPORTED OPINION denying as moot MOTION for Partial Summary Judgment Claims 7,8,10 and 11 Are Not Invalid filed by UNIVERSITY OF SOUTH FLORIDA BOARD OF TRUSTEES, denying [117] MOTION for Partial Summary Judgment '094 Patent Claims are not Invalid for Prior Inventorship filed by UNIVERSITY OF SOUTH FLORIDA BOARD OF TRUSTEES, denying [118] MOTION for Partial Summary Judgment The United States Does Not Enjoy a License under the '094 Patent filed by UNIVERSITY OF SOUTH FLORIDA BOARD OF TRUSTEES, and denying [119] MOTION for Partial Summary Judgment '094 Patent Claims are entitled to Benefit of the 10-21-96 Filing Date filed by UNIVERSITY OF SOUTH FLORIDA BOARD OF TRUSTEES. ( Status Report due by 1/10/2020). Signed by Judge Patricia E. Campbell-Smith. (jb2) Service on parties made.

Keywords: re: Patent; Invalidity and Government License Defenses Challenged by Plaintiffs Motions for Partial Summary Judgment; RCFC 56; Genuine Disputes of Material Fact.

15-16 • AUTHENTIC APPAREL GROUP, LLC et al v. USA

Filed 12/20/2019
REPORTED OPINION (REDACTED): ORDER denying Motion for Summary Judgment; granting in part and deferring in part [143] Cross Motion; denying [303] Cross Motion. Plaintiff's motion for summary judgment on Counts I through V of the Amended Complaint is DENIED. Defendant's cross-motions for summary judgment on Counts I through V are GRANTED. Defendant's motion for summary judgment on its counterclaim is GRANTED as to liability. Signed by Senior Judge Mary Ellen Coster Williams. (gr) Service on parties made. Modified on 1/6/2020 - corrected typographical error(jt1).

Keywords: re: Motion for Summary Judgment;Breach of Trademark Licensing Agreement; Breach of Duty of Good Faith and Fair Dealing.

15-732 • AKPENEYE et al v. USA

Filed 12/19/2019
REPORTED TRIAL OPINION. The court dismisses the sample plaintiffs' claims for overtime compensation. The parties shall file a joint status report by no later than 1/31/2020, in which they suggest a process for the second phase of the litigation. Signed by Chief Judge Margaret M. Sweeney.

18-48 • CHEUNG et al v. USA

Filed 12/19/2019
REPORTED ORDER. Signed by Senior Judge Marian Blank Horn. (jm5) Service on parties made.

16-1157 • PANTHER BRANDS, LLC et al v. USA

Filed 12/17/2019
REPORTED OPINION granting Motion for Summary Judgment. The Clerk is directed to enter judgment. Signed by Judge Elaine D. Kaplan. (feb) Service on parties made.

Keywords re Opinion and Order Granting Motion for Summary Judgment: Implied-in-Fact Contract; Breach of Contract; Mutual Assent; Unambiguous Offer and Acceptance; Consideration; Implied Actual Authority; Ratification; Equitable Estoppel; Army National Guard; Sponsorship; Subcontractor

17-9001 • IN RE UPSTREAM ADDICKS AND BARKER (TEXAS) FLOOD-CONTROL RESERVOIRS v. USA

Filed 12/17/2019
REPORTED OPINION on liability. Also denying Motion to Dismiss; granting in part and denying in part [241] Motion to Correct Transcripts; granting [245] Motion to Supplement the Trial Record. Notice from both parties due by 1/21/2020, as specified in the opinion and order. Signed by Senior Judge Charles F. Lettow. (sg) Modified on 12/18/2019 (tb). Corrected docket text.

Keywords: Post-trial decision; government-induced flooding on private property; application of factors identified in Arkansas Game & Fish; liability for a taking of a flowage easement. (sg) Modified on 12/18/2019 (tb).

19-932 • PERATON, INC v. USA

Filed 12/17/2019
REPORTED OPINION of the court's sealed opinion issued on December 4, 2019, denying [45] Motion to Supplement Pleadings - Rule 15(d); denying [46] Motion to Stay; granting [48] Motion to Dismiss - Rule 12(b)(1) and (6); granting [49] Motion to Dismiss - Rule 12(b)(1) and (6); lifting the limited preliminary injunction entered by this court in its July 17, 2019 opinion, ECF No. [33]. The clerk's office is directed to ENTER final judgment for defendant and intervenor-defendant DISMISSING plaintiff's complaint for lack of subject matter jurisdiction. On or before 12/16/2019, the parties shall FILE a notice of filing, attaching a proposed redacted version of this opinion. Pursuant to the court's protective order in this matter, the parties shall FILE the redacted versions of their sealed filings by 1/6/2020. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made.

Keywords: re: Reported Opinion. Post-Award Bid Protest; Revised Corrective Action Undertaken in Response to the Courts Preliminary Injunction; Standing; Mootness. (TQ)

19-108 • TAPIA et al v. USA

Filed 12/16/2019
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1). The Clerk is directed to enter judgment. Signed by Senior Judge Marian Blank Horn. (dl1) Service on parties made.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1), Reported Opinion, Subject Matter Jurisdiction; Motion to Dismiss; Veterans Benefits.

13-465 • FAIRHOLME FUNDS, INC. et al v. USA

Filed 12/13/2019
REPORTED OPINION and ORDER reissuing for publication Sealed Opinion and Order granting in part and denying in part [421] Motion to Dismiss. Signed by Chief Judge Margaret M. Sweeney. (jhk) Service on parties made.

19-900 • SANDSTONE ASSOCIATES, INC v. USA

Filed 12/12/2019
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1) The Clerk is directed to enter judgment. Signed by Judge David A. Tapp. (jm) Service on parties made. (Main Document 13 replaced on 12/17/2019)

19-1626 • FLIPPIN v. USA

Filed 12/10/2019
REPORTED OPINION AND ORDER DENYING Rule 27 Verified Petition, filed by Ameer Flippin. Signed by Chief Judge Margaret M. Sweeney. (ac7) Service on parties made. (Certified Mail #7018 2290 0000 5183 8815)

Keywords:RCFC 27(a); Petition to Perpetuate Testimony; Subject-Matter Jurisdiction; Pro Se.

19-1308 • HVF WEST, LLC v. USA

Filed 12/06/2019
Re-Docketed For Publication: re [41] REPORTED OPINION AND ORDER. Signed by Chief Judge Margaret M. Sweeney. (ac7) Service on parties made.

11-681 • JONES et al v. USA

Filed 12/05/2019
REPORTED MEMORANDUM OPINION AND ORDER approving the parties' settlement agreement. The Clerk is directed to enter judgment. Signed by Judge Lydia Kay Griggsby. (jp) Service on parties made.

Keywords: Class Action; 5 U.S.C. § 5546(a); 5 U.S.C. § 5544(a); Sunday Premium Pay; Settlement; Fairness Hearing; RCFC 23(e), re: Reported Memorandum Opinion and Order.

19-1559 • IDEOGENICS, LLC v. USA

Filed 11/27/2019
REISSUED UNSEALED REPORTED OPINION granting Defendant's Motion to Dismiss. Signed by Senior Judge Edward J. Damich. (co) Service on parties made.

Keywords re: Reported Opinion: Pre-award bid protest, Standing, Ripeness, Motion to Dismiss, Lack of Subject Matter Jurisdiction, SBA, HUD, Substantial Chance.

19-1060 • ARKHAM TECHNOLOGY LTD v. USA

Filed 11/26/2019
REPORTED ORDER re Order denying [46] Motion to alter/amend judgment.. Signed by Senior Judge Eric G. Bruggink. (jpk1) Service on parties made.

Keywords: re: Reported Order: Bid protest; Rule 59(e); Motion to alter or amend judgment; Declaratory relief; Bid preparation costs; Relief sought after judgment; Case or controversy requirement; Vain act.

17-835 • A SQUARED JOINT VENTURE v. USA

Filed 11/21/2019
REPORTED OPINION (Public). Signed by Senior Judge Nancy B. Firestone. (lb) Service on parties made.

Keywords: re: Reported Opinion: Bid Protest; Rational Procurement Cancellation; Lack of Bad Faith.

16-826 • MINISTERIO ROCA SOLIDA, INC. v. USA

Filed 11/20/2019
REPORTED OPINION granting in part and denying in part MOTION for Summary Judgment. Joint Proposed Pretrial Scheduling Report due by 12/2/2019. Signed by Judge Elaine D. Kaplan. (feb) Service on parties made.

Keywords re Opinion and Order on Motion for Summary Judgment: Fifth Amendment; Takings Clause; Takings Claim; Flooding; Summary Judgment; Causation; Foreseeability; Nevada Water Law; Vested Water Rights

17-206 • YEE v. USA

Filed 11/19/2019
Re-docketed for publication. REPORTED ORDER denying Motion to Amend Pleadings. Signed by Senior Judge Marian Blank Horn. (jm5) Service on parties made. Signed by Senior Judge Marian Blank Horn. (rp) Service on parties made.

Keywords: re Motion to Amend Pleadings after Mandate Issued.

19-498 • CONSTRUCTORA GUZMAN, S.A. v. USA

Filed 11/19/2019
REPORTED OPINION on MOTION to Dismiss filed by USA, granting in part and denying in part [10] Motion to Dismiss - Rule 12(b)(1) and (6). Answer due by 12/3/2019; Joint Preliminary Status Report due by 12/17/2019. Signed by Senior Judge Eric G. Bruggink. (wr) Service on parties made.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1) and (6), Reported Opinion, Contracts; payment bonds; 40 U.S.C. § 3131 (2018); 48 C.F.R. § 28.204 (2018); third-party beneficiary; retainage; implied-in-fact contract; motion to dismiss; failure to state a claim; subject-matter jurisdiction.

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