USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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17-86 • HARMONIA HOLDINGS GROUP, LLC v. USA

Filed 05/23/2017
REPORTED OPINION. Signed by Judge Mary Ellen Coster Williams.

Keywords: re: Pre-award Bid Protest; 28 U.S.C. § 1491(b); Standing; Corrective Action; Amended Request for Quotations; Key Personnel Qualifications; Price Realism; Favoritism; Bad Faith.

13-476 • SILVER BUCKLE MINES, INC. v. USA

Filed 05/23/2017
REPORTED OPINION granting Motion for Summary Judgment, denying [27] Cross-Motion for Summary Judgment, and granting [31] Motion to Certify Class. Joint Status Report due 6/23/2017. Signed by Judge Margaret M. Sweeney.

Keywords re: Order on Cross-Motions for Summary Judgment and Motion to Certify Class, Reported Opinion -- Mining Law of 1872; 30 U.S.C. § 28f; Claim Maintenance Fees; Federal Land Policy and Management Act; Summary Judgment; RCFC 56; Illegal Exaction; Voluntary Payment Doctrine; Anti-Windfall Doctrine; Class Action Certification; RCFC 23; Definition of Class; Conflict of Interest.

17-449 • CONTINENTAL SERVICE GROUP, INC. v. USA

Filed 05/22/2017
REPORTED OPINION - Continuation of Preliminary Injunction (Docketed for Administrative Purposes) Signed by Chief Judge Susan G. Braden. (jt1) Copy to parties.

16-1159 • MARTIN et al v. USA

Filed 05/19/2017
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1) and (6) The Clerk is directed to enter judgment dismissing plaintiffs' complaint without prejudice. Signed by Judge Patricia E. Campbell-Smith.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1) and (6), Reported Opinion. Fifth Amendment Takings Claim; Motion to Dismiss Under RCFC 12(b)(1); Subject Matter Jurisdiction. (TQ)

17-123 • VINTAGE AUTOWORKS, INC. v. USA

Filed 05/18/2017
REPORTED OPINION. Signed by Chief Judge Susan G. Braden.

Keywords: re: Administrative Procedures Act (APA), 5 U.S.C. § 706; Bid Protest Jurisdiction, 28 U.S.C. § 1491; Bid Protest Regulation, 4 C.F.R. § 21.2; Contract Planning, Solicitation, Evaluation, And Award Procedures, 10 U.S.C. § 2305; Federal Acquisition Regulation (FAR), 48 C.F.R. §§ 9.103, 9.104-1, 9.104-3, 15.305, 52.236-7; Rules of the United States Court of Federal Claims (RCFC) 52.1; Task And Delivery Order Contracts General Authority, 41 U.S.C. § 4103.

10-420 • CLEAR CREEK COMMUNITY SERVICES DISTRICT v. USA

Filed 05/17/2017
REPORTED OPINION (Status Report due by 6/12/2017) granting in part and denying in part Motion to Dismiss and for Summary Judgment. Signed by Judge Margaret M. Sweeney.

Keywords: re: Order on Motion to Dismiss, Reported Opinion: RCFC 12; Motion to Dismiss; RCFC 56; Motion for Summary Judgment; Breach of Contract; Statute of Limitations; Accrual Suspension; Fifth Amendment Takings Claim.

14-316 • McCARTY et al v. USA

Filed 05/15/2017
REPORTED OPINION denying Motion for leave to take discovery. Parties shall file their supplemental briefs by 6/16/2017. Signed by Judge Mary Ellen Coster Williams.

Keywords: re: Fifth Amendment Taking; Rails - to - Trails Act ; Attorney Fees; Discovery; Depositions of Opposing Counsel.

14-180 • PELLEGRINI et al v. USA

Filed 05/15/2017
REPORTED OPINION AND ORDER granting in part and denying in part Motion to Dismiss. The government's motion to dismiss plaintiffs' complaint is GRANTED insofar as plaintiffs' due process claim is concerned, but is otherwise DENIED. The government's alternative motion for summary judgment is DENIED, as is the government's motion for a more definite statement. The government shall file its answer to plaintiffs' complaint on or before the time specified in RCFC 12(a)(4). Signed by Judge Charles F. Lettow.

Keywords: re: Claim of uncompensated taking; dredging of navigable river allegedly the but-for cause of collapse of support of land and installations along banks; no jurisdiction over due process claim; disputed issues of material fact regarding takings claim. (MZ)

03-2625 • ENTERGY GULF STATES, INC. v. USA

Filed 05/11/2017
REPORTED OPINION granting Motion for Reconsideration. The Clerk is directed to enter judgment. Signed by Judge Mary Ellen Coster Williams. (TF3) Copy to parties. (Main Document 309 replaced on 5/16/2017 to add language re: vacating previous judgment.)

Keywords: re: Spent Nuclear Fuel; Fuel Characterization Costs; Motion for Reconsideration; Rule 59. (TF3)

14-1062 • RUSSELL et al v. USA

Filed 05/11/2017
REPORTED OPINION granting Motion for Settlement; granting [21] Motion for Settlement Signed by Chief Judge Susan G. Braden.

Keywords: re: Rule of the United States Court of Federal Claims (RCFC) 23(e) (Settlement, Voluntary Dismissal, or Compromise).

12-889 • SEARS et al v. USA

Filed 05/10/2017
REPORTED OPINION granting in part and denying in part Motion for Reconsideration - Rule 59(a). The court amends its prior decision and the judgment to provide that the following amounts shall be awarded to plaintiffs in the trial subclass: $90,812.97 (Gould), $48,185.83 (Bradley), $48,018.86 (Mosher), $74,773.09 (Heene), and $124,975.97 (Richards). Interest shall be payable on these amounts at the rate of 3.39 percent per annum, compounded quarterly from the date of the taking, August 2, 2012, until the date the judgment is paid. The clerk is directed to enter judgment as amended pursuant to RCFC 54(b) in the aforestated amounts. Plaintiffs may apply for an award of attorneys' fees and expenses under Section 304(c) of the Uniform Relocation Assistance Act, 42 U.S.C. § 4654(c), within 30 days after any appellate process has been concluded, or, alternatively, after the time for taking an appeal has expired. Signed by Judge Charles F. Lettow.

Keywords: re: Order on Motion for Reconsideration - Rule 59(a), Reported Opinion: Post-trial determination of the just compensation due in a rails-to-trails case; value of the agricultural land taken for trail use; cost to reclaim; severance damages attributable to "point rows;" no preemption of Iowa statute guaranteeing access to fields otherwise landlocked by the trail. (EK)

17-204 • IT ENTERPRISE SOLUTIONS JV, LLC v. USA

Filed 05/09/2017
REPORTED OPINION denying the defendant's and defendant-intervenor's motions to dismiss, denying plaintiff's motion for judgment on the administrative record, and granting defendant's and defendant-intervenor's motions for judgment on the administrative record. Signed by Judge Elaine D. Kaplan.

Keywords: re: Bid Protest; Tucker Act; 28 U.S.C. § 1491(b)(1); Judgment on the Administrative Record; RCFC 52.1; Best Value Determination; Past Performance.

15-1443 • GAZPROMNEFT-AERO KYRGYZSTAN LLC v. USA

Filed 05/09/2017
REPORTED OPINION denying Motion for Summary Judgment; granting [22] Motion for Summary Judgment. The Clerk is directed to enter judgment. Signed by Judge Marian Blank Horn.

Keywords: re: Order on Motion for Summary Judgment, Reported Opinion: Summary Judgment; Breach of Contract; FAR 52.229-6; Notice; Prejudice; International Agreements.

07-272 • ABBEY et al v. USA

Filed 05/05/2017
REPORTED OPINION and ORDER of the court's OPINION and ORDER issued under seal on 3/31/2017. Signed by Judge Patricia E. Campbell-Smith.

Keywords: re: Reported Order. RCFC 26(e)(1) supplemental disclosure; RCFC 37(c)(1) exclusion sanction. (TQ)

12-484 • FASTSHIP, LLC v. USA

Filed 05/05/2017
REPORTED OPINION reflecting redactions from the opinion and order previously entered under seal on April 28, 2017. Signed by Judge Charles F. Lettow.

Keywords: re: Reported Opinion: Post-trial decision in a patent case; U.S. Patent Nos. 5,080,032 and 5,231,946; 28 U.S.C. § 1498(a); infringement; non-obviousness; enablement; reasonable and entire compensation. (EK)

16-1569 • TETRA TECH, INC. v. USA

Filed 05/05/2017
REPORTED OPINION. Signed by Senior Judge Eric G. Bruggink.

Keywords: re: Reported Order: Post-Award Bid Protest; Scope of Work; Work Assignment. (WT)

09-103 • HAGGART et al v. USA

Filed 05/04/2017
REPORTED OPINION AND ORDER granting Motion to Enforce the Settlement Agreement; denying [231] Motion for Partial Summary Judgment; denying [239] Motion for Partial Summary Judgment; denying [241] Motion for Reconsideration; denying [242] Motion for Partial Summary Judgment; denying [243] Motion for Partial Summary Judgment; denying [244] Motion for Reconsideration; denying [246] Motion for Partial Summary Judgment. The parties are requested to file a joint status report on or before May 23, 2017. Signed by Judge Charles F. Lettow.

Keywords: re: Rails-to-trails class action; settlement; appeal of approval of settlement agreement; remand; application of the mandate rule to remanded case; enforceability of settlement agreement as binding contract. (MZ)

15-1022 • ENHANCED VETERANS SOLUTIONS, INC. v. USA

Filed 05/04/2017
**FOR ADMINISTRATIVE PURPOSES ONLY** REPORTED OPINION. Signed by Judge Victor J. Wolski.

Keywords: re: Reported Opinion; Post-award bid protest; service center operation support services; U.S. Citizenship & Immigration Services; solicitation interpretation; patent ambiguity; FAR §§ 15.304(d), 15.305; roll-up of subfactor ratings; FAR § 1.602-2(b); alleged disparate treatment; integrity and business ethics, FAR § 9.104-1(d); subcontractor past performance.

14-497 • MENDEZ v. USA

Filed 05/03/2017
REPORTED OPINION granting Motion for Summary Judgment The Clerk is directed to enter judgment. Signed by Judge Patricia E. Campbell-Smith.

Keywords: re: Order on Motion for Summary Judgment, Reported Opinion Confidential Informant; Statute of Limitations; 28 U.S.C. §2501 (2012); Subject-Matter Jurisdiction; RCFC 12(h)(3).(MEH)

16-548 • IDAHO STAGE LLC v. USA

Filed 05/02/2017
REPORTED OPINION denying Motion in Limine. Signed by Judge Marian Blank Horn.

Keywords: re: Motion in Limine, Contract Interpretation; Request for Equitable Adjustment.

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