USCFC General Jurisdiction-Reported

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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

15-351 • AGILITY PUBLIC WAREHOUSING COMPANY, K.S.C.P. v. USA

Filed 05/09/2019
REPORTED OPINION The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler. (ez) Service on parties made.

Keywords: re: Reported Opinion Rule 12(c) Motion for Judgment on thePleadings; Rule 12(b)(1) Motion to Dismiss for Lack of Subject MatterJurisdiction; 28 U.S.C. § 1500; Contracts Disputes Act; Debt Collection Act, 31U.S.C. § 3716; Declaratory Judgment.

18-1907 • VOITH HYDRO, INC. v. USA

Filed 05/08/2019
REPORTED OPINION, of sealed opinion filed April 30, 2019. Signed by Judge Patricia E. Campbell-Smith. (jb2) Service on parties made.

Keywords: re: Reported Opinion. Post-Award Bid Protest; Challenges to Technical Ratings, Past Performance Ratings, and Best Value Tradeoff Analysis; Motion to Strike Declaration of Source Selection Authority.

17-842 • IOWA BANKERS BENEFIT PLAN v. USA

Filed 05/02/2019
REPORTED OPINION granting Defendant's Cross-Motion for Summary Judgment; denying [32] Plaintiff's Cross-Motion for Summary Judgment. The Clerk is directed to enter judgment for Defendant. Signed by Judge Thomas C. Wheeler. (dh) Service on parties made.

Keywords: Summary Judgment; RCFC 56; Patient Protection and Affordable Care Act; Annual Fee on Health Insurance Providers; Covered Entity; Statutory Interpretation; Chevron Deference; Substantial Variance Rule; Waiver of Claims re: Order on Cross-Motions for Summary Judgment, Reported Opinion.

18-898 • BOWERMAN v. USA

Filed 05/01/2019
REPORTED OPINION: Granting Motion to Dismiss - Rule 12(b)(1) The Clerk is directed to enter judgment. Signed by Judge Elaine D. Kaplan. U.S. Certified Mail Receipt Tracking# 7018 0040 0001 1393 1266(vds) Service on parties made.

Keywords: Tax Levy; Tax Refund; I.R.C. § 651 l (a); I.R.C. § 6532(a)(l); Motion to Dismiss; Subject-Matter Jurisdiction.

18-1803 • MARK DUNNING INDUSTRIES, INC. v. USA

Filed 04/29/2019
REPORTED OPINION reflecting redactions to sealed opinion and order issued 4/19/2019. Signed by Senior Judge Charles F. Lettow.

Keywords: re: Post-award bid protest; compliance with amended solicitation; reasonableness of awardee's bid; responsibility determination; equal treatment of offerors.

19-148 • NORTH WIND SITE SERVICES, LLC v. USA

Filed 04/26/2019
REPORTED ORDER. Plaintiff's claims challenging the issuance of task orders is dismissed for lack of jurisdiction, and judgment is entered in favor of defendant and defendant-intervenor as to the remaining claims. Signed by Senior Judge Nancy B. Firestone. (gd) Service on parties made.

Keywords: re: Reported Order, Bid Protest; Post-award; Judgment on the Administrative Record; Motion to Complete the Administrative Record; Motion to Dismiss for Lack of Subject Matter Jurisdiction; RCFC 12(b)(1); SBA; 8(a) Contract.

16-1710 • HOLMES v. USA

Filed 04/25/2019
REPORTED ORDER denying Motion ; granting in part and denying in part [36] Motion to Remand. Signed by Senior Judge Victor J. Wolski. (er) Service on parties made.

Keywords: re: Order on Motion for Miscellaneous Relief, Order on Motion to Remand, Reported Order Army Board for Correction of Military Records; Department of Veterans Affairs; All Writs Act, 28 U.S.C. § 1651(a); voluntary remand, RCFC 52.2; doubts about correctness of decision and desire to reconsider; intervening events; factors for remand duration; gaps in record.

19-308 • FMS INVESTMENT CORP. v. USA

Filed 04/24/2019
REPORTED OPINION denying Motion for Preliminary Injunction; denying [57] Motion for Preliminary Injunction; denying [59] Motion for Preliminary Injunction; denying [61] Motion for Preliminary Injunction. Signed by Judge Thomas C. Wheeler. (dh) Service on parties made.

Keywords: Motion for Preliminary Injunction, Likelihood of Success on the Merits, Irreparable Harm, Balance of Hardships, Public Interest, 28 U.S.C. 1491(b), RCFC 65(d), Preserve Status Quo, Court's Ability to Grant Meaningful Relief re: Order on Motion for Preliminary Injunction, Reported Opinion.

18-52 • PERFECT FORM MANUFACTURING LLC v. USA

Filed 04/24/2019
REPORTED OPINION granting Motion to Compel. QuickBooks production due 4/29/2019. Document production due 5/24/2019. Signed by Chief Judge Margaret M. Sweeney. (pp) Service on parties made.

Keywords: I.R.C. §4161(b); Excise Tax on Archery Products; I.R.C. §4216(b); Constructive Sale Price; Motion to Compel; RCFC 26(b); Relevance; Overly Broad; Unduly Burdensome.

18-686 • LEE v. USA

Filed 04/24/2019
REPORTED MEMORANDUM OPINION AND ORDER granting Motion to Dismiss and dismissing the case. The Clerk is directed to enter judgment. Signed by Judge Lydia Kay Griggsby. (jp) Service on parties made.

Keywords: Breach Of Contract; RCFC 12(b)(6); Failure To State A Claim; RCFC 12(b)(1); Subject-Matter Jurisdiction; Tort Claims; Implied-in-Fact Contract; Contract Formation, re: Memorandum Opinion and Order.

18-1655 • INSERSO CORPORATION v. USA

Filed 04/22/2019
REPORTED ORDER reissuing SEALED OPINION and ORDER. Signed by Senior Judge Loren A. Smith. (mr) Service on parties made.

Keywords: Post-Award Bid Protest; Judgment on theAdministrative Record. re: Reported Order

18-1563 • INDIGO IT, LLC v. USA

Filed 04/22/2019
REPORTED ORDER reissuing SEALED OPINION and ORDER. Signed by Senior Judge Loren A. Smith. (mr) Service on parties made.

Keywords: Bid Protest, RCFC 52.1, Cost Realism Analysis. re: Reported Order.

18-1615 • AGILE DEFENSE, INC. v. USA

Filed 04/22/2019
REPORTED ORDER reissuing SEALED OPINION and ORDER. Signed by Senior Judge Loren A. Smith. (mr) Service on parties made.

Keywords: Post-Award Bid Protest; RCFC 52.1; Judgment on the Administrative Record; Administrative Record; Cost Realism Analysis; Misleading Discussions. re: Reported Order.

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