USCFC General Jurisdiction-Reported

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16-912 • LOVERIDGE et al v. USA

Filed 05/08/2020
REPORTED ORDER granting in part and denying in part Motion for Partial Summary Judgment on Scope of Deeds. Signed by Senior Judge Nancy B. Firestone. (Attachments: # (1) Brighton Mills 58/292 Deed)(gd) Service on parties made.

Keywords: re: Motion for Summary Judgment; Rails-to-Trails; Oregon Law; Scope of Easements.

19-173 • FILLER v. USA

Filed 05/08/2020
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1); denying [40] Motion for Declaratory Judgment. The Clerk is directed to enter judgment. Signed by Judge Ryan T. Holte. (nb7) Service on parties made. (Main Document 46 replaced on 6/8/2020 to attach corrected PDF)

Keywords: re: Order on Motion for Declaratory Judgment: Patent Infringement; RCFC 12(b)(1); Motion to Dismiss; Subject Matter Jurisdiction; Declaratory Judgment.

19-688 • SILVER STATE LAND LLC v. USA

Filed 05/06/2020
REPORTED OPINION: granting in part and denying in part MOTION to Dismiss pursuant to Rule 12(b)(6) filed by USA. The Court GRANTS the governments motion to dismiss Count II of the Complaint (breach of an implied-in-fact contact). Joint Status Report due by 5/22/2020, proposing a schedule for discovery and further proceedings in this case. Signed by Judge Matthew H. Solomson. (si) Service on parties made. (Main Document 37 replaced on 5/7/2020 to add page numbers).

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(6), Reported Opinion: Breach of land sale contract; Federal Land Policy and Management Act; Bureau of Land Management; 43 U.S.C. § 1713; 43 C.F.R. Subparts 2710 - 2711; invitation for bids; auction; land patent; incorporation by reference; RCFC 12(b)(6); issue preclusion; collateral estoppel; damages election.

19-1390 • JKB SOLUTIONS AND SERVICES, LLC. v. USA

Filed 05/05/2020
REPORTED ORDER denying Motion to Dismiss - Rule 12(b)(1) and (6); on [9] MOTION to Dismiss pursuant to Rules 12 (b)(1) and (6) or, Alternatively, Motion for Summary Judgment filed by USA (Answer to Complaint due by 5/19/2020). Signed by Judge Thomas C. Wheeler. (sb) Service on parties made.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1) and (6), Reported Order, Standing, Motion to Dismiss, Failure to State a Claim, Contract Dispute Act; RCFC 12(b)(6), Indefinite Delivery/ Indefinite Quantity (IDIQ) Contract, Firm Fixed Price, Task Orders, Breach of Contract.

18-540 • BLUEGRASS LODGE APARTMENTS, LTD. v. USA

Filed 05/04/2020
REPORTED OPINION Granting Motion for Summary Judgment The Clerk is directed to enter judgment. Signed by Judge David A. Tapp. (jm) Service on parties made.

Keywords: re: Order on Motion for Summary Judgment: RCFC 56(a); summary judgment; contract; USDA; loan; default; material breach; duty of good faith and fair dealing

16-268 • CANPRO INVESTMENTS, LTD v. USA

Filed 05/04/2020
REPORTED OPINION on MOTION to Dismiss pursuant to Rule 12(b)(1) filed by USA. Section II.A of defendant's motion is hereby DENIED. Briefing on Section II.B of defendant's motion remains stayed. Signed by Chief Judge Margaret M. Sweeney. (am) Service on parties made.

Keywords: re: Reported Opinion - RCFC 12(b)(1); Motion to Dismiss; Jurisdiction; Submission of Claims to Contracting Officer; Breach of Contract; Contractual Duty; Good Faith and Fair Dealing

17-903 • NORTH AMERICAN LANDSCAPING CONSTRUCTION & DREDGE COMPANY, INC. v. USA

Filed 04/30/2020
REPORTED OPINION granting Motion for Summary Judgment; denying [36] Cross Motion. Pursuant to the court's March 15, 2019 opinion, ECF No. [23], and this opinion, the Clerk is directed to enter final judgment in favor of defendant, DISMISSING plaintiff's complaint with prejudice. Each party shall bear its own costs. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made. (Main Document 41 replaced on 4/30/2020 to correct a minor typo on the last line of the opinion.)

Keywords: re: Opinion on Motion for Summary Judgment, and on Cross Motion [Dispositive], Reported Opinion. Summary Judgment; RCFC 56; Contract Interpretation. (TQ)

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

Filed 04/30/2020
REPORTED OPINION denying Motion to Clarify the Scope of Easement and Date of Taking; granting in part and denying in part [279] Cross Motion and Response. Signed by Senior Judge Charles F. Lettow.

Keywords: re: Reported Opinion: Date of taking of a permanent flowage easement; scope of that easement.

18-607 • BP AMERICA PRODUCTION COMPANY v. USA

Filed 04/28/2020
REPORTED Opinion and Order granting Motion for Summary Judgment; denying [36] Cross Motion; denying [36] Motion to Dismiss - Rule 12(b)(1). The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler. (nc) Service on parties maREPORTED Opinion and Order granting [35] Motion for Summary Judgment; denying [36] Cross Motion; denying [36] Motion to Dismiss - Rule 12(b)(1). The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler. (nc) Service on parties made.de.

Keywords re [46]: 30 U.S.C. § 1721 (2012); Fixing Americas Surface Transportation Act; Federal Oil and Gas Royalty Management Act of 1982; Royalty Simplification and Fairness Act of 1996; Motion to Dismiss; Motion for Summary Judgment; Tucker Act; Federal Savings Statute; Anti-Deficiency Act; Subject-Matter Jurisdiction; RCFC Rule 12; RCFC Rule 56; Retroactivity.

20-283 • STG LLC v. USA

Filed 04/28/2020
REPORTED OPINION. Signed by Senior Judge Marian Blank Horn. (jm5) Service on parties made.

Post-Award Bid Protest; Override. Keywords: re: Reported Opinion

19-463 • HALL et al v. USA

Filed 04/27/2020
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 39 replaced on 4/27/2020) (tb). Modified on 4/27/2020 (tb). Corrected PDF.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1), RCFC 12(b)(1); Amended Tax Return; Tax Refund Claim; Signature Requirement; Waiver; Informal Claim Doctrine

19-1421 • HARMONIA HOLDINGS GROUP, LLC v. USA

Filed 04/26/2020
REPORTED OPINION. Signed by Senior Judge Marian Blank Horn. (jm5) Service on parties made.

Post-Award; Bid Protest; Small Business Administration; Exhaustion; Technical Evaluation; Best Value Trade-Off. Keywords: re: Reported Opinion

19-1187 • PACIFIC COAST COMMUNITY SERVICES, INC. v. USA

Filed 04/23/2020
REPORTED OPINION Granting the defendant's Motion to Dismiss. The Court will issue an order concurrently with this opinion reflecting its conclusion and directing judgment for the defendant. Signed by Judge Richard A. Hertling. (abg) Service on parties made.

Keywords: re: RCFC 12(b)(6); Failure to State a Claim; Breach of Contract; Firm-Fixed Price Contract; Patent Ambiguity

17-1638 • 2M RESEARCH SERVICES, LLC v. USA

Filed 04/22/2020
REPORTED ORDER reissuing OPINION and ORDER on Attorneys Fees. Signed by Senior Judge Loren A. Smith. (mr) Service on parties made.

Keywords: Attorneys Fees; Equal Access to Justice Act; EAJA; 28 U.S.C. § 2412; 28 U.S.C. § 2412(b); 28 U.S.C. § 2412(d)(2)(A); Special Factor; Cost of LivingAdjustment; Limited Availability of Qualified Attorneys. re: Reported Order

19-1308 • HVF WEST, LLC v. USA

Filed 04/22/2020
REPORTED OPINION, redacted version of opinion filed under seal on April 1, 2020 [59]. Signed by Chief Judge Margaret M. Sweeney. (jb2) Service on parties made.

Keywords: re: Reported Opinion: Postaward Bid Protest; Motion for Stay of Judgment; RCFC 62(d).

18-585 • DIAS, JR. v. USA

Filed 04/21/2020
REPORTED OPINION granting Motion for Summary Judgment and denying [43] Motion for Summary Judgment. Count II of the complaint shall be dismissed. The Clerk is directed to enter judgment accordingly. Additionally, the Clerk is directed to strike the filings at ECF Nos. 51 and 54 from the docket. Signed by Senior Judge Charles F. Lettow.

Keywords re Reported Opinion: Claim of breach of contract; cancellation of bid to buy residential property owned by HUD; failure to satisfy a condition precedent to contract formation.

19-674 • HARMONIA HOLDINGS GROUP, LLC v. USA

Filed 04/21/2020
REPORTED ORDER reissuing ORDER denying [48] Motion to Stay. Signed by Senior Judge Loren A. Smith. (kn) Service on parties made.

Keywords: RCFC 62(d); Motion for Injunction Pending Appeal; Bid Protest; Waiver; Diligent Pursuit; Agency Discretion; Likelihood of Success; Irreparable Harm; National Security; Public Interest. Re: Reported Order.

20-299 • NIKA TECHNOLOGIES, INC. v. USA

Filed 04/21/2020
REPORTED OPINION: Reflecting redactions from the opinion and order previously entered on April 16, 2020. Signed by Senior Judge Charles F. Lettow.

Keywords re Reported Opinion: Protest of refusal to implement an automatic stay of performance after a protest filed with GAO; 31 U.S.C. § 3553; timeliness of the protest to GAO; statutory interpretation; debriefing date; 10 U.S.C. § 2305(b)(5)(B)(vii), 31 U.S.C. § 3553(d)(4)(A)(ii).

17-843 • ACME WORLDWIDE ENTERPRISES, INC. v. USA

Filed 04/21/2020
REPORTED OPINION. Signed by Senior Judge Edward J. Damich. (er) Service on parties made.

Keywords: Motion to Reconsider, Claim Construction re: Reported Opinion

18-1116 • FULLER v. USA

Filed 04/20/2020
REPORTED OPINION finding as moot Motion for Judgment on the Administrative Record; Granting [19] Motion for Summary Judgment; finding as moot [23] Cross Motion The Clerk is directed to enter judgment. Signed by Judge David A. Tapp. (jm) Service on parties made.

Keywords: re: Order on Motion for Judgment on the Admin. Record,, Order on Motion for Summary Judgment,, Order on Cross Motion [Dispositive], Military discharge; summary judgment; RCFC 56; legal hold; mandatory retirement; drop from rolls; military control; Secretary of the Navy; res judicata; claim preclusion (jm) Modified on 4/20/2020 (tb). Removed Reported Opinion.

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