USCFC General Jurisdiction-Reported

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19-1696 • W & G MACHINE COMPANY, INC v. USA

Filed 01/10/2020
REPORTED OPINION granting Defendant Motion to Dismiss - Rule 12(b)(1); granting [14] Defendant-Intervenor Motion to Dismiss - Rule 12(b)(1) The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler. (sb) Service on parties made.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1); Reported Opinion; Bid Protest; Standing; Prejudice; Substantial Chance; Direct Economic Interest; Subject-Matter Jurisdiction; Motion to Dismiss; RCFC 12(b)(1); RCFC 12(b)(6); Small Business Administration; Bundling; Cancellation of Solicitation; Sole-Source Award.

19-1417 • NAVISTAR DEFENSE, LLC v. USA

Filed 01/10/2020
REPORTED MEMORANDUM OPINION and ORDER denying Navistar's motions for judgment on the administrative record; granting the government's consolidated cross-motion for judgment on the administrative record; granting Oshkosh's cross-motion for judgment on the administrative record; granting in part Navistar's motion to strike the declaration of Lt. Col. Michael K. Riley; granting Navistar's motion to strike the Army's Determination and Findings dated September 19, 2016, and certain references to a July 12, 2019 telephone call; denying as moot Navistar's motion for TRO; denying as moot Navistar's motion for preliminary injunction; denying as moot Navistar's motions to complete the administrative record and for leave to conduct limited depositions; and dismissing the complaints. Signed by Judge Lydia Kay Griggsby. (jp) Service on parties made.

Keywords: Post-Award Bid Protest; Competition in Contracting Act (CICA); Sole-Source Award; 41 U.S.C. § 3304; FAR § 1.704; FAR § 6.302-7; Motion For Judgment Upon The Administrative Record; RCFC 52.1, re: Reported Memorandum Opinion and Order.

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

Filed 01/09/2020
REPORTED ORDER and OPINION. Signed by Senior Judge Edward J. Damich. (lp1) Service on parties made.

Keywords: re: Reported Order, Claim Construction; Phillips v. AWH Corp., 415 F.3d 1303 (Fed. Cir. 2005); 35 U.S.C. § 112; Vitronics Corp. v. Conceptronic, Inc., 90 F.3d 1576 (Fed. Cir. 1996); Means-Plus-Function; Supplemental Briefing.

13-51 • BEAR, et al. v. USA

Filed 01/09/2020
REPORTED OPINION: Report of the Review Panel. Signed by Presiding Officer Senior Judge Charles F. Lettow, Judge Patricia E. Campbell-Smith, and Senior Judge Nancy B. Firestone. (Attachments: # (1) Appendix Hearing Officer Report, # (2) Exhibit Joint Stipulation, # (3) Exhibit Photos of Affected Land, # (4) Exhibit Settlement Agreements). Note: Exhibit #4 from the hearing officer's report has been omitted.

Keywords re Report of the Review Panel: Congressional reference; settlement.

14-183 • IDEKER FARMS, INC., et al v. USA

Filed 01/09/2020
REPORTED ORDER denying Motion to Amend Pleadings - Rule 15(b) on Requested Grounds. filed by USA. Signed by Senior Judge Nancy B. Firestone. (gd) Service on parties made.

Keywords: re: Order on Motion to Amend Pleadings - Rule 15(b), Reported Order: Motion to Amend Answer, RCFC 15; Taking; Fifth Amendment; Affirmative Defense; Sponenbarger; Relative Benefits; Futility; Flooding

13-227 • JONES et al v. USA

Filed 01/06/2020
REPORTED ORDER granting in part and denying in part Motion for Sanctions. Signed by Judge Richard A. Hertling. (ah) Service on parties made. Modified on 1/21/2020 - corrected text(jt1).

Keywords: re: Order on Motion for Sanctions - Rule 37, Reported Order, Sanctions, Spoliation, Adverse Inference

19-876 • DESKTOP ALERT, INC v. USA

Filed 01/03/2020
REPORTED OPINION of the court's December 16, 2019 opinion, see ECF No. [36], granting Motion to Dismiss - Rule 12(b)(1); denying [32] Motion for Leave to File; and denying [27] Motion to Supplement Pleadings - Rule 15(d). The Clerk is directed to enter final judgment for defendant dismissing plaintiff's complaint for lack of subject matter jurisdiction, pursuant to RCFC 12(h)(3), without prejudice. On or before 1/20/2020, counsel for the parties shall CONFER and FILE a notice of filing, attaching a proposed redacted version of this opinion, with any material deemed proprietary blacked out, so that a copy of the opinion can then be made available in the public record of this matter. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made.

Keywords: re: Reported Opinion. Motion to Dismiss for Lack of Subject Matter Jurisdiction; RCFC 12(b)(1); No Procurement Challenged. (TQ)

19-1329 • G4S SECURE SOLUTIONS (USA) INC. v. USA

Filed 01/03/2020
REPORTED OPINION. Signed by Judge Thomas C. Wheeler. (sb) Service on parties made.

Keywords: re: Reported Opinion. Post-Award Bid Protest; Rational Basis Standard; Motion for Judgment on the Administrative Record; Disagreements With Agencys Proposal Evaluations; Agency Discretion; Motion for Permanent Injunction; 18 U.S.C. § 1491(b); Blanket Purchase Agreement; Incumbent Contractor; Prejudice; Unstated Evaluation Criteria; FAR § 8.4 Procurement.

18-118 • KUDU LIMITED II, INC. v. USA

Filed 12/31/2019
REPORTED OPINION denying Motion for Protective Order. Defendant's motion to suspend discovery is DENIED. Signed by Senior Judge Mary Ellen Coster Williams. (cb) Service on parties made.

Keywords: re: Order on Motion for Protective Order, Reported Opinion. Motion to Suspend Discovery Pending Resolution of Motion for Judgment on the Pleadings; Rule 26(c).

19-1518 • SYSTEM STUDIES & SIMULATION, INC v. USA

Filed 12/20/2019
REPORTED OPINION and ORDER reissuing for publication Opinion and Order granting [26] Motion for Judgment on the Administrative Record; denying [27] Motion for Judgment on the Administrative Record. Signed by Chief Judge Margaret M. Sweeney. (am) Service on parties made.

Keywords: re: Reported Opinion: Postaward Bid Protest; Cross-Motions for Judgment on the Administrative Record; Evaluation of Proposals; Assignment of Strengths and Weaknesses; Best Value Tradeoff

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.

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