USCFC General Jurisdiction-Reported

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18-266 • SILVER STATE SOLAR POWER SOUTH, LLC v. USA

Filed 10/27/2020
REPORTED UNSEALED ORDER denying Motion for Partial Summary Judgment filed by USA. Signed by Judge David A. Tapp. (emc) Service on parties made.

Keywords: re: Order on Motion for Partial Summary Judgment, Reported Order: American Recovery and Reinvestment Tax Act § 1603, I.R.C. § 1060, Intangible Assets, Tangible Property, Specified Energy Property, Partial Summary Judgment.

19-1805 • SAVANTAGE FINANCIAL SERVICES, INC. v. USA

Filed 10/26/2020
REPORTED OPINION. Reissued public opinion of the Court's October 16, 2020 sealed opinion denying the plaintiff's motion for judgment on the administrative record, denying the defendant's motion for partial dismissal, and granting the defendant's cross-motion for judgment on the administrative record. Signed by Judge Richard A. Hertling. (naw) Service on parties made.

Keywords: re: Reported Opinion, Pre-Award Bid Protest; Cross-Motions for Judgment on the Administrative Record; RCFC 52.1; Motion to Dismiss; Competition in Contracting Act; Unduly Restrictive Requirements; Prejudice

18-412 • CHEROKEE GENERAL CORPORATION v. USA

Filed 10/23/2020
REPORTED OPINION on CROSS MOTION and RESPONSE to [54] Motion for Summary Judgment, filed by CHEROKEE GENERAL CORPORATION, filed by USA, [55] MOTION for Summary Judgment Sealed Exhibit 3 filed by CHEROKEE GENERAL CORPORATION, [54] MOTION for Summary Judgment filed by CHEROKEE GENERAL CORPORATION, denying [54] Motion for Summary Judgment; granting in part and denying in part [59] Cross Motion. Joint proposed pretrial schedule due by 11/23/2020. Signed by Judge Elaine D. Kaplan. (tjd) Service on parties made.

Keywords: re: Motion for Summary Judgment; Breach of Contract; Contracting Officer Final Decision; Contract Disputes Act; Default Termination; Conversion to Termination for Convenience; Constructive Changes; Differing Site Conditions

19-594 • HASSAY v. USA

Filed 10/23/2020
REPORTED OPINION denying Government's Motion for Judgment on the Administrative Record; granting Plaintiff's Cross MJAR; denying as moot Motion to Supplement the Administrative Record. Signed by Judge Elaine D. Kaplan. (arlr) Service on parties made.

Keywords: re: Reported Opinion, 10 U.S.C.§ 1204; Military Disability Pay; Board for the Correction of Naval Records; Arbitrary, Capricious, Abuse of Discretion; Substantial Evidence; Post-Traumatic Stress Disorder; Department of Defense Guidance on PTSD and Military Sexual Trauma; Kurta Memo; Hagel Memo; Wilkie Memo.

20-161 • ALL STACKED UP MASONRY, INC. v. USA

Filed 10/22/2020
REPORTED OPINION Granting Motion to Dismiss - Rule 12(b)(6) The Clerk is directed to enter judgment. Signed by Judge David A. Tapp. (jm) Service on parties made.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(6), Motion to Dismiss; RCFC 12(b)(6); payroll tax; tax penalty abatement; reasonable cause; willful neglect; informal claim doctrine; 26 U.S.C. § 6511; 26 U.S.C. § 3403; 26 U.S.C. § 6651(a); 26 U.S.C. § 6656(a).

17-1812 • GIESECKE & DEVRIENT GMBH v. USA

Filed 10/22/2020
REPORTED OPINION AND ORDER. Unsealed version of 168: staying 140 Motion for Attorney Fees and vacating this court's Order of 1/24/20. Joint Status Report due by 11/13/2020. Signed by Judge Ryan T. Holte. (tjw) Service on parties made.

Keywords: re: Reported Opinion and Order. Patent Infringement; Motion for Attorneys' Fees; 35 U.S.C. § 285; 28 U.S.C. § 1498; Jurisdiction.

13-402 • ALTA WIND I OWNER LESSOR C et al v. USA

Filed 10/21/2020
REPORTED OPINION denying Motion to Dismiss - Rule 12(b)(1); denying [257] Motion for Leave to File Opinion and Order. Signed by Judge Ryan T. Holte. (scf) Service on parties made. Modified on 10/22/2020 - corrected minor typographical error (jt1).

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1), Order on Motion for Leave to File. Motion to Dismiss; RCFC 12(b)(1); RCFC 12(h)(3); Subject Matter Jurisdiction; Indemnification; Article III standing; Injury in Fact; Redressability (scf) Modified on 10/22/2020 to change Rule to RCFC (tb).

19-1816 • GULLEY v. USA

Filed 10/19/2020
REPORTED OPINION AND ORDER: Granting Motion to Dismiss - Rule 12(b)(1) and (6). The Complaint hereby is dismissed pursuant to RCFC 12(b)(1) or, in the alternative, pursuant to RCFC 12(b)(6). No costs. The Clerk is directed to enter judgment. Signed by Judge Matthew H. Solomson. (sew) Service on parties made; plaintiff served via U.S. mail.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1) and (6), Reported Opinion. RCFC 12(b)(1); RCFC 12(b)(6); RCFC 12(h)(3); RCFC 10(a); RCFC 41(b); mootness; failure to prosecute; Tucker Act claims; illegal exaction claims; money-mandating claims; takings claims; federal education loan discharge.

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

Filed 10/16/2020
REPORTED OPINION granting Defendant's Motion for Summary Judgment; denying as moot [34] Plaintiff's Cross-Motion for Summary Judgment. The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler. (nc) Service on parties made.

Keywords re Order on Motion for Summary Judgment, Order on Cross Motion [Dispositive]: Motion for Summary Judgment; Tucker Act; Breach of Contract; Task Order; Termination for Convenience; Partial Termination for Convenience; Constructive Termination for Convenience; Termination for Convenience Damages.

19-284 • BREWER v. USA

Filed 10/08/2020
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1) and (6); and denying [26] Motion for Partial Summary Judgment. The clerk's office as directed to enter final judgment DISMISSING plaintiff's amended complaint for lack prosecution pursuant to RCFC 41(b) with prejudice. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made; plaintiff served via U.S. mail.

Keywords: Reported Opinion, Pro Se Complaint; Motion to Dismiss; RCFC 41(b); RCFC 83.1; Unrepresented Entity; Limited Liability Company. (TQ)

19-612 • PACIFIC WIND LLC v. USA

Filed 10/06/2020
REPORTED OPINION on MOTION to Dismiss pursuant to Rule 12(b)(1) filed by USA denying [16] Motion to Dismiss - Rule 12(b)(1). Signed by Judge Thomas C. Wheeler. (sb) Service on parties made.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1), Reported Opinion, Subject-Matter Jurisdiction, The American Recovery and Reinvestment Act of 2009 Section 1603, Article III Standing; Motion to Dismiss, RCFC 12(b)(1), Redressability, Direct Economic Interest; Injury in Fact, Indemnification Agreement.

20-449 • ASSET PROTECTION & SECURITY SERVICES, L.P. v. USA

Filed 10/01/2020
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1); granting [24] Motion to Dismiss - Rule 12(b)(1). Signed by Senior Judge Marian Blank Horn. (jm5) Service on parties made.

Post-Award Bid Protest; Motion to Dismiss; Standing; Trade-Off Analysis. Keywords: re: Reported Opinion

09-333 • KOOPMANN v. USA

Filed 09/30/2020
REPORTED OPINION granting Motion to Dismiss with respect to plaintiff William Koopmann. Signed by Judge Eleni M. Roumel. (srb1) Service on parties made. Modified on 10/1/2020 to clarify docket text

09-333 • KOOPMANN v. USA

Filed 09/30/2020
REPORTED OPINION granting Motion to Dismiss with respect to Plaintiff William C. Brashear; denying [117] CROSS MOTION and RESPONSE to [114] Motion to Dismiss. Signed by Judge Eleni M. Roumel. (srb1) Service on parties made. Modified on 10/1/2020 to clarify docket text

13-940 • SONOMA APARTMENT ASSOCIATES v. USA

Filed 09/30/2020
REPORTED OPINION granting in part and denying in part Motion for Review of Clerk's Award of Costs. Signed by Chief Judge Margaret M. Sweeney. (kb1)

Keywords: re: Order on Motion for Miscellaneous Relief, Reported Opinion -- RCFC 54(d)(1); Motion for Review of Clerk's Taxation of Costs; 28 U.S.C. § 1920(2); Costs of Daily Trial Transcript for Days of Trial During Which Testimony Was Heard on an Unsuccessful Claim; Allocation of Costs

17-1168 • FORD v. USA

Filed 09/30/2020
REPORTED OPINION GRANTING IN PART the Governments Motion for Judgment on the Administrative Record as to LCDR Fords claim for military disability benefits; DENYING LCDR Fords Motion for Judgment on the Administrative Record; and REMANDING LCDR Fords LOD claims to the BCNR for a period of 180 days. Due to the remand, the Court DISMISSES as moot the Governments Motion for Partial Dismissal. All pending motions not otherwise disposed of here are DISMISSED as moot. It is ORDERED (1) that this case is STAYED pending the outcome of the BCNRs review; (2) that Defendant shall file a status report every 90 days to advise the Court of the progress of the remand proceedings; and (3) that within 30 days following the BCNR decision on remand, both LCDR Ford and the Government shall file a statement with this Court indicating how they wish to proceed.Signed by Judge Thomas C. Wheeler. (jt1) Service on parties made.

Keywords: re: Judicial Review of Board for Correction of Naval Records; Cross-Motions for Judgment on the Administrative Record; Military Disability Retirement and Incapacitation Pay.

16-259 • HEALTH REPUBLIC INSURANCE COMPANY v. USA

Filed 09/30/2020
REPORTED OPINION granting Motion to Amend Pleadings - Rule 15(b). Amended Answer due by 10/30/2020. Signed by Chief Judge Margaret M. Sweeney. (kb1)

Keywords: re: Order on Motion to Amend Pleadings - Rule 15(b), Reported Opinion -- Affordable Care Act; RCFC 15(a)(2); Motion for Leave to Amend Answer to Assert Counterclaims for Setoff; Undue Delay; Prejudice; Futility; 28 U.S.C. §§ 1503, 2508; McCarran-Ferguson Act, 15 U.S.C. § 1012

16-492 • CHEMEHUEVI INDIAN TRIBE v. USA

Filed 09/29/2020
REPORTED OPINION granting Motion to Dismiss. The Court GRANTS defendant's Motion and DISMISSES the Complaint pursuant to RCFC 12(b)(1) and, in the alternative (with respect to Counts II - IV), RCFC 12(b)(6). No costs. The Clerk is directed to enter judgment accordingly. Signed by Judge Matthew H. Solomson. (eav) Service on parties made. Modified by replacing PDF on 9/30/2020 (ead). Modified by replacing PDF on 10/1/2020

Keywords re Order on Motion to Dismiss - Rule 12(b)(1) and (6): RCFC 12(b)(1); RCFC 12(b)(6); Tucker Act jurisdiction; Indian Tucker Act; statute of limitations; 28 U.S.C. § 2501; claim accrual; tolling; meaningful accounting; Indian Trust Accounting Statute; American Indian Trust Fund Management Reform Act; usufructuary water rights.

19-1982 • YU v. USA

Filed 09/24/2020
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1) and (6). The Clerk is directed to enter judgment. Signed by Chief Judge Margaret M. Sweeney. (am) Service on parties made.

Keywords: re: RCFC 12(b)(1); Motion to Dismiss; Jurisdiction; Breach of Settlement Agreement; Enforcement of EEOC Order; Statute of Limitations

20-288 • STATE OF OHIO v. USA

Filed 09/24/2020
REPORTED OPINION granting in part and denying in part Motion to Dismiss - Rule 12(b)(1) and (6). Answer due by October 15, 2020. Signed by Senior Judge Charles F. Lettow.

Keywords: re: Dispute over charges payable for operation and maintenance under a contract entered pursuant to the Water Supply Act of 1958; timeliness; applicability of the continuing claim doctrine.

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