USCFC General Jurisdiction-Reported

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18-1100 • METRICA TEAM VENTURE v. USA

Filed 11/16/2018
REPORTED OPINION reissuing for publication Opinion and Order denying [19] Motion for Judgment on the Administrative Record; denying [20] Motion to Supplement the Administrative Record; and granting [22] Motion for Judgment on the Administrative Record. Signed by Chief Judge Margaret M. Sweeney.

Keywords: re: Postaward Bid Protest; RCFC 52.1; Cross-Motions for Judgment on the Administrative Record; Motion to Supplement the Administrative Record

18-1474 • TIMBERLINE HELICOPTERS, INC. v. USA

Filed 11/13/2018
REPORTED OPINION AND ORDER granting Motion to Dismiss. Signed by Judge Elaine D. Kaplan. (feb) Service on parties made. (reissuance of opinion and order filed under seal on 11/2/18 for publication.)

Keywords Reported Opinion and Order: Bid Protest; 28 U.S.C. § 1491(b); Standing; Interested Party; Prospective Bidder; CGI Federal; Rex Service Corp.; Distributed Solutions; AT&T Communications, Inc. v. Wiltel, Inc.; Cardinal Change; 41 U.S.C. § 3301(a)(1).

16-950 • CB&I AREVA MOX SERVICES, LLC v. USA

Filed 11/09/2018
REPORTED ORDER granting Motion for Partial Summary Judgment and remanding to the agency for case no. 18-921C. Signed by Judge Thomas C. Wheeler. (ez) Service on parties made.

Keywords: re: Motion for Summary Judgment; Rule 56; Notice of Intent to Disallow Costs; Remand to Agency.

18-1083 • MSC INDUSTRIAL DIRECT CO., INC. v. USA

Filed 11/08/2018
REPORTED OPINION. Signed by Senior Judge Nancy B. Firestone. (gd) Service on parties made.

Keywords: re: Reported Opinion. Bid Protest; Jurisdiction; Post-award Protest; Judgment on the Administrative Record; Motion to Dismiss; Motion to Supplement; Blue & Gold Waiver; Contract Administration; Motion to Dismiss for Lack of Subject Matter Jurisdiction; RCFC 12(b)(1).

18-616 • WINTERS v. USA

Filed 11/08/2018
REPORTED OPINION and ORDER: granting Motion to Dismiss - Rule 12(b)(1). The Clerk is directed to enter judgment. If Mr. Winters refiles in this Court, his court filing fees will be waived. Signed by Judge Thomas C. Wheeler. (ar) Service on parties made. [Sent via certified mail: 7017 1450 0000 1346 2359]

Keywords: re: Claim for Unjust Conviction andPlaintiff, Imprisonment; Requirement for a Certificate of Innocence; Subject Matter Jurisdiction; Failure to State a Claim Upon Which Relief Can BeGranted.

12-142 • QUIMBA SOFTWARE, INC v. USA

Filed 11/07/2018
**Redocketed for Administrative Purposes** REPORTED ORDER: granting in part and denying in part Motion for Attorney Fees; granting in part and denying in part [143] Motion for Attorney Fees; granting 144 Motion for Leave to File. Signed by Senior Judge Loren A. Smith. (ar) Service on parties made.

Keywords: re: Equal Access to Justice Act attorneysfees; attorneys fees; attorneys costs; attorneys expenses; plaintiffs expenses; consultant fees

14-37 • CAQUELIN et al v. USA

Filed 11/06/2018
REPORTED OPINION - The court finds the government is liable for a taking of plaintiff's property on July 3, 2013 upon issuance of a NITU. Pursuant to RCFC 54(b), the Clerk is directed to enter judgment for the plaintiff for the stipulated amount of principal and interest of $900.00. Signed by Senior Judge Charles F. Lettow.

Keywords: re: Reported Opinion, post-trial decision on remand in a rails-to-trails takings case; liability for a temporary taking arising upon issuance of a NITU by the Surface Transportation Board.

17-475 • ALLEN v. USA

Filed 11/06/2018
granting Motion to Dismiss - Rule 12(b)(1) and (6); denying [29] Cross Motion as moot; denying [32] Motion for Default Judgment as moot; REPORTED OPINION. No costs. The Clerk is directed to enter judgment. Signed by Senior Judge Nancy B. Firestone. (gd) Service on parties made.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1) and (6),, Order on Cross Motion [Dispositive],, Order on Motion for Default Judgment,, Reported Opinion. Contract Disputes Act; Jurisdiction; Motion to Dismiss for Lack of Subject Matter Jurisdiction; RCFC 12(b)(1); 28 U.S.C. § 1491; Statute of Limitations; 28 U.S.C. § 2501; Interstate Commerce Act; Failure to State a Claim; RCFC 12(b)(6).

18-1515 • SAFEGUARD BASE OPERATIONS, LLC v. USA

Filed 11/05/2018
[Redocketed for Posting to Website] REPORTED OPINION: denying Protestor's second motion for temporary restraining order and preliminary injunction. Signed by Senior Judge Marian Blank Horn. (ar) Service on parties made.

Keywords: Post-Award Bid Protest; CICA Stay Override; Motion for Temporary Restraining Order; Motion for Preliminary Injunction. (td)Keywords: re: Post-Award Bid Protest; CICA Stay Override; Motion for Temporary Restraining order; Motion for Preliminary Injunction.

12-380 • UNITED LAUNCH SERVICES, LLC et al v. USA

Filed 11/01/2018
OPINION AND ORDER denying Motion to Certify Interlocutory Appeal and to Stay (Proposed Pretrial Scheduling Order due by 11/30/2018). Signed by Judge Elaine D. Kaplan. (kb) Service on parties made.

Keywords re [136]: 28 U.S.C. § 1292(d)(2); Interlocutory Appeal; Substantial Ground for Difference of Opinion.

18-1241 • BTR ENTERPRISES OF SC, LLC v. USA

Filed 10/31/2018
REPORTED OPINION (Reissuance of October 10, 2018 opinion). Signed by Senior Judge Eric G. Bruggink. (wr) Service on parties made.

Keywords: re: Reported Opinion: Bid protest; pre-award bid protest; 28 U.S.C. § 8127 (2018); 38 C.F.R. Part 74 (2018); SDVOSB verified status; control.

12-286 • NORTHROP GRUMMAN SYSTEMS CORPORATION v. USA

Filed 10/31/2018
REPORTED OPINION (Reissuance of October 17, 2018 opinion).. Signed by Senior Judge Eric G. Bruggink. (wr) Service on parties made.

Keywords: re: Reported Opinion: Contracts; Contract Disputes Act, 41 U.S.C. §§ 7101-7109 (2012); motions to dismiss; variance between claim and complaint; motions for summary judgment; contract interpretation.

11-857 • TRINCO INVESTMENT COMPANY et al v. USA

Filed 10/31/2018
REPORTED ORDER AND OPINION denying Motion to Transfer and request for oral arguments; granting Motion to Stay and Certification of Issue for Interlocutory Appeal. Parties shall file a Joint Status Report within 30 days from the date of final decision from the Federal Circuit. Signed by Senior Judge Edward J. Damich. (co) Service on parties made.

Keywords: re: Subject Matter Jurisdiction; Fifth Amendment; Takings; Just Compensation; Self-Executing; Sovereign Immunity; Separation of Powers; Article I; Article III; Common Law; Public Rights; Jury Trial; Seventh Amendment; Federal Courts; Legislative Courts; Tucker Act.

16-1624 • CASTILLO v. USA

Filed 10/30/2018
REPORTED OPINION: Denying Motion for Reconsideration - Rule 59(a) ; Signed by Senior Judge Marian Blank Horn. (vhc) Service on parties made.

Keywords: re: Motions for Reconsideration; Rails to Trails; Centerline Presumption; Florida State Law.

17-1931 • MENENDEZ et al v. USA

Filed 10/30/2018
REPORTED OPINION: enying Motion for Reconsideration - Rule 59(a) . Signed by Senior Judge Marian Blank Horn. (vhc) Service on parties made.

Keywords: re: Motions for Reconsideration; Rails to Trails; Centerline Presumption; Florida State Law.

17-1763 • THE TOLLIVER GROUP, INC. v. USA

Filed 10/26/2018
REPORTED OPINION denying motion to dismiss - Rule 12(b)(6). Defendant shall file its answer by 11/21/2018. Signed by Senior Judge Charles F. Lettow.

Keywords: re: Claim for partial reimbursement of legal fees incurred in successful defense of qui tam suit; FAR Part 31.

18-1063 • HENDRICKS v. USA

Filed 10/26/2018
REPORTED MEMORANDUM OPINION AND FINAL ORDER granting Motion to Dismiss - Rule 12(b)(1) and (6). The Clerk is directed to dismiss the Complaint, with prejudice. Signed by Senior Judge Susan G. Braden. (rp) Service on parties made. Plaintiff served via certified mail, article number 7017 2620 0000 7637 4594.

10-851 • ADKINS et al v. USA

Filed 10/26/2018
REPORTED OPINION. The Clerk is directed to enter judgment. Signed by Chief Judge Margaret M. Sweeney. (kb1)

Keywords: re: Reported Opinion -- Remand; Income Tax Refund; Theft Loss; IRC § 165; Treas. Reg. §§ 1.165-1, 1.165-8; Securities Fraud; Pump-and-Dump Scheme; Reasonable Prospect of Recovery; Arbitration; Restitution; Revenue Procedure 2009-20; Burden of Proof

13-165 • KENNEDY v. USA

Filed 10/24/2018
REPORTED OPINION AND ORDER denying Motion to Remand and denying [108] Motion to Strike, to Supplement the Administrative Record, and for an Evidentiary Hearing. Joint status report due 11/7/2018. Signed by Chief Judge Margaret M. Sweeney. (pp) Service on parties made.

Keywords re: Order on Motion to Remand; Order on Motion to Strike, to Supplement the Administrative Record, and for an Evidentiary Hearing; Reported Opinion -- Military Pay; NROTC Scholarship Benefits; Quantum; Administrative Record; Supplementation; Effective Judicial Review.

16-1263 • PENG v. USA

Filed 10/24/2018
REPORTED OPINION denying Motion for Summary Judgment; granting [28] Cross Motion; The Clerk is directed to enter final judgment in defendant's favor DISMISSING plaintiffs' complaint, with prejudice. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made. Modified on 10/25/2018 - corrected typographical errors (jt1).

Keywords: re: Order on Motion for Summary Judgment,, Order on Cross Motion, Reported Opinion. Personal Income Tax; Failure to Timely File; Penalty and Interest for Late Tax Payment; 26 U.S.C. §§ 6651(a), 6072(c) (2012); Summary Judgment; RCFC 56. (TQ)

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