USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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15-637 • ST. BERNARD PARISH GOVERNMENT v. USA

Filed 10/18/2017
REPORTED OPINION granting Motion to Dismiss. The Clerk is directed to enter judgment. Signed by Senior Judge Edward J. Damich.

Keywords: Motion to Dismiss; RCFC 12(b)(1); Emergency Watershed Protection Program 7 C.F.R §§ 624.1-624.11; Federal Grant and Cooperative Agreement Act 31 U.S.C. §§ 6301 et seq.; Anchorage v. United States, 119 Fed. Cl. 709 (2015); Ricks Mushroom v. United States, 521 F.3d 1338 (Fed. Cir. 2008); Hurricane Katrina; Consideration; Cooperative Agreement; Direct Benefit; Subject Matter Jurisdiction (CF)

13-55 • AGILITY DEFENSE & GOVERNMENT SERVICES, INC. v. USA

Filed 10/18/2017
REPORTED OPINION. The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler.

Keywords: re: Contract Claim for Disposal of Surplus Property in Middle East; Requirements Contract; Use of Historical Data; Negligent Estimate; Mandate Rule; Equitable Adjustment; Actual Cost Method; Damages.

13-1023 • MW BUILDERS, INC. v. USA

Filed 10/18/2017
REPORTED Memorandum Opinion And Final Order incorporating edits to ECF No. [136].. Signed by Chief Judge Susan G. Braden. (Attachments: # (1) Memorandum Opinion And Final Order On Evidentiary Issues)

Keywords: re: Anti-Deficiency Act, 31 U.S.C. § 1350; Breach of Contract; ContractDisputesAct, 41 U.S.C. §§ 71017109; Counterclaims, 28 U.S.C. § 2508; False Claims Act, 31 U.S.C. §§ 37293733; FederalAcquisitionRegulation, 48 C.F.R. §§ 52.211-12 (Liquidated Damages), 52.242-14 (Suspension of Work), 52.249-10 (Contract Default); Good Faith and Fair Dealing; Special Plea In Fraud, 28 U.S.C. § 2514; Tucker Act Jurisdiction, 28 U.S.C. § 1491; Unreasonable Delay; Waiver; Federal Rules of Evidence; Rule 26 of the Rules of the United States Court of Federal Claims (RCFC) (General provisions governing discovery).

15-421 • BEHRENS et al v. USA

Filed 10/17/2017
REPORTED OPINION granting in part and denying in part Motion for Reconsideration - Rule 59(a), AFFIRMING in part and WITHDRAWING in part the court's ruling in its [43] Reported Order filed 6/23/2017. As such, plaintiff's motion for summary judgment, [34], remains DENIED, whereas, defendant's cross-motion is now DENIED in part, as it relates to the scope of the 36 conveyances identified, and otherwise GRANTED. Plaintiff's [45] Motion for Summary Judgment is DENIED as moot; and [49] Motion for Leave to File Amicus Brief is DENIED. A separate order shall issue this date governing future proceedings in this case. Signed by Judge Patricia E. Campbell-Smith.

Keywords: re: Order on Motion for Reconsideration - Rule 59(a), Order on Motion for Summary Judgment, Order on Motion for Leave to File Amicus Brief, Reported Opinion. Motion for Reconsideration; RCFC 59(a); Motion for Summary Judgment; RCFC 56; Rails-to-Trails; Trails Act; Fifth Amendment Takings; Railbanking; Motion for Leave to File Amicus Curiae Brief. (TQ)

17-711 • SONORAN TECHNOLOGY AND PROFESSIONAL SERVICES, LLC v. USA

Filed 10/17/2017
REPORTED OPINION dismissing Complaint; finding as moot [53] Motion for Judgment on the Administrative Record; finding as moot [54] Cross Motion; finding as moot [55] Cross Motion. Signed by Judge Thomas C. Wheeler.

Keywords: re: Bid Protest; Timeliness; Blue & Gold Fleet; Waiver; Undue Delay in Asserting Protest Grounds; Failure to Intervene in Earlier Protests Involving Same Solicitation; Patent Error in Solicitation; Time for Challenging an Agency's Corrective Action; SBA Certificate of Competency; Injunctive Relief.

17-528 • BACHMANN et al v. USA

Filed 10/16/2017
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(6) The Clerk is directed to enter judgment. Signed by Senior Judge Eric G. Bruggink.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(6), Reported Opinion: Takings Clause; U.S. Const. amend. V.; Inverse Condemnation due to property damage; Police Power Exception; Private Property Damage.

17-744 • T SQUARE LOGISTICS SERVICES CORPORATION v. USA

Filed 10/16/2017
REPORTED OPINION originally issued under seal 9/22/2017, [28]. No redactions were proposed by the parties. The sealed and public versions of this opinion are identical, except for the publication date, footnote 1, and several typographical errors. Signed by Judge Patricia E. Campbell-Smith.

Keywords: re: Reported Opinion. Motion to Dismiss; Standing; Pre-award Bid Protest; Motion for Judgment on the Administrative Record; Waiver of Informality or Minor Irregularity. (TQ)

16-107 • MOODY et al v. USA

Filed 10/13/2017
REPORTED ORDER granting Motion to Dismiss - Rule 12(b)(1) and (6). Defendant shall file its Answer regarding Count IV of Plaintiffs' Amended Complaint within fourteen (14) days from the filing of this opinion. Signed by Senior Judge Edward J. Damich. (CF) Copy to parties. (Main Document 36 replaced on 10/16/2017 to add attorneys' name to PDF) (ac7).

Keywords: * Partial Motion to Dismiss under RCFC 12 (b)(1) and 12 (b)(6); American Indian Agricultural Resources Management Act, 25 U.S.C. §§ 3701 et seq; Bureau of Indian Affairs (BIA); Privity of Contract; Express Lease; United States v. Algoma Lumber Co., 305 U.S. 415 (1939); 25 C.F.R. § 162.101; Oral and Implied in Fact Contract; Quantum Meruit; U.S. Const. amend. V (CF)

15-1163 • PIPES v. USA

Filed 10/13/2017
REPORTED OPINION Status Report due by 12/22/2017. Signed by Chief Judge Susan G. Braden.

Keywords: re: Reported Opinion; 10 U.S.C. § 1204 (Retirement for Military on Active Duty for 30 days or less or on Inactive-duty Training); 25 U.S.C. § 2501 (Statute of Limitations); 28 U.S.C. § 1491 (Tucker Act Jurisdiction); Air Force Instruction (AFI); AFI 10-248 (Fitness Program); AFI 36-2254 (Reserve Personnel Participation); AFI 36-2910 (Line of Duty Determination, Medical Continuation (MEDCON) and Incapacitation (INCAP) pay); AFI 36-3212 (Physical Evaluation for Retention, Retirement, and Separation); AFI 48-123 (Medical Examinations and Standards); Rules of the United States Court of Federal Claims (RCFC)12(b)(1) (Subject Matter Jurisdiction); RCFC 12(b)(6) (Failure to State a Claim Upon Which Relief Can Be Granted); RCFC 52.1 (Judgment on the Administrative Record).

17-1411 • SMITH v. USA

Filed 10/12/2017
REPORTED OPINION DISMISSING CASE: granting Motion for Leave to Proceed in forma pauperis The Clerk is directed to enter judgment. Signed by Judge Margaret M. Sweeney. (ac7) Copy to parties.

Keywords: Sua Sponte Dismissal for Lack of Jurisdiction; Collateral Attack of Criminal Judgment; Application to Proceed InForma Pauperis

17-1175 • ROHLAND v. USA

Filed 10/12/2017
REPORTED OPINION denying Motion for Jury Trial; granting [10] Motion for Leave to Proceed in forma pauperis; finding as moot [11] Motion for Extension of Time to File Response to [8]. Defendant's response to MOTION to Certify Class (Response due by 11/2/2017.) Signed by Judge Margaret M. Sweeney. (ac7) Copy to parties.

Keywords: In Forma Pauperis; Prisoner; Jury Trial; Enlargement of Time

17-836 • SYNERGY SOLUTIONS, INC. v. USA

Filed 10/12/2017
REPORTED OPINION reissuing OPINION and ORDER for publication. Signed by Judge Margaret M. Sweeney.

14-21 • BALAGNA et al v. USA

Filed 10/05/2017
REPORTED ORDER granting Motion for Partial Summary Judgment; granting [81] Motion for Partial Summary Judgment; granting [90] Motion for Partial Summary Judgment; denying [110] Motion for Summary Judgment. (Status Report due by 10/27/2017). Signed by Judge Elaine D. Kaplan.

Keywords: re: Motion for Summary Judgment; Reported Order; Fifth Amendments Takings Clause; Rails-To-Trails Conversion; Notice of Interim Trail Use; 26 U.S.C. § 1247(d); Crossing Rights; Municipal Corporation; Compensable Taking.

16-1133 • HARRIS v. USA

Filed 10/03/2017
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1) and (6); granting [27] Motion for Judgment on the Administrative Record; denying [30] Cross Motion. The Clerk is directed to enter judgment. No costs. Signed by Judge Thomas C. Wheeler. (ar) Copy to parties. [Sent via certified mail: 7017 1450 0000 1346 2502]

Keywords: Judicial Review of Army Board for Correction of Military Records Decision; Review of Military Records; Rule 12(b)(l) Motion to Dismiss for Lack of Subject Matter Jurisdiction; Cross-Motions for Judgment on the Administrative Record.

17-868 • TORRES ADVANCED ENTERPRISE SOLUTIONS, LLC v. USA

Filed 10/02/2017
REPORTED OPINION regarding redactions to **SEALED** OPINION. Signed by Judge Margaret M. Sweeney. (kb1)

Keywords: re: Reported Opinion -- Postaward Bid Protest; Proposed Redactions; Presumption of Public Access to Court Records; Protective Order; Competitive Harm; Information Concerning Performance of Incumbent Contract; Information in the Contractor Performance Assessment Reporting System (CPARS); Information From Proposals; Price Information; Information Supplied via DeclarationKeywords: re: [45] Reported Opinion -- Postaward Bid Protest; Motion for Discovery; Motion to Supplement the Administrative Record; Motion for a Preliminary Injunction; Past Performance; Bias; Bad Faith; Disparate Treatment

15-719 • TENDER YEARS LEARNING CORPORATION v. USA

Filed 10/02/2017
REPORTED OPINION denying Motion for Judgment on the Administrative Record; granting [87] Cross Motion. Signed by Judge Thomas C. Wheeler.

Keywords: re: Claim for Bid and Proposal Preparation Costs; Attorneys' Fees; Implied-In-Fact Contract; Prejudice; Motion to Dismiss; Mootness; Damages.

17-868 • TORRES ADVANCED ENTERPRISE SOLUTIONS, LLC v. USA

Filed 10/02/2017
REPORTED OPINION reissuing **SEALED** OPINION for publication. Signed by Judge Margaret M. Sweeney. (kb1)

Keywords: re: Reported Opinion -- Postaward Bid Protest; Proposed Redactions; Presumption of Public Access to Court Records; Protective Order; Competitive Harm; Information Concerning Performance of Incumbent Contract; Information in the Contractor Performance Assessment Reporting System (CPARS); Information From Proposals; Price Information; Information Supplied via DeclarationKeywords: re: [45] Reported Opinion -- Postaward Bid Protest; Motion for Discovery; Motion to Supplement the Administrative Record; Motion for a Preliminary Injunction; Past Performance; Bias; Bad Faith; Disparate Treatment

17-83 • VETERANS EVALUATION SERVICES, INC. v. USA

Filed 10/02/2017
REPORTED MEMORANDUM OPINION AND ORDER denying Plaintiff's Motion for an Injunction Pending Appeal. Signed by Judge Lydia Kay Griggsby.

Keywords: RCFC 62(c); Injunction Pending Appeal, re: Reported Opinion.

07-194 • JOHN ANDERSON FARMS, INC., et al

Filed 09/29/2017
REPORTED OPINION. Signed by Judge Marian Blank Horn.

Keywords: re: Reported Opinion. Takings, Physical or Regulatory Taking, Permanent or Temporary Taking, Water Rights, Tribal Rights, Endangered Species Act, Federal Reserved Rights, Motions for Reconsideration.

01-591 • KLAMATH IRRIGATION, et al v. USA

Filed 09/29/2017
REPORTED OPINION. Signed by Judge Marian Blank Horn.

Keywords: re: Reported Opinion. Takings, Physical or Regulatory Taking, Permanent or Temporary Taking, Water Rights, Tribal Rights, Endangered Species Act, Federal Reserved Rights; Motions for Reconsideration.

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