USCFC General Jurisdiction-Reported

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19-95 • I.P. et al v. USA

Filed 12/01/2020
REPORTED OPINION denying Motion to Dismiss - Rule 12(b)(6). On or before 1/29/2021, defendant is directed to FILE an answer or otherwise respond to plaintiffs' complaint; and on or before 1/29/2021, the parties are directed to CONFER and FILE a Joint Status Report informing the court of their positions on the consolidation of this case with any other matters before the court. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made. Modified font of deadline text to red on 12/1/2020

Keywords: re: Reported Opinion on Motion to Dismiss; RCFC 12(b)(6); Fair Labor Standards Act (FLSA), 29 U.S.C. §§ 201-19; Anti-Deficiency Act (ADA), 31 U.S.C. §§ 1341-42; Government Employees Fair Treatment Act of 2019 (GEFTA); Pub. L. No. 116-1, 133 Stat. 3 (2019). (TQ)

19-4 • TAROVISKY et al v. USA

Filed 12/01/2020
REPORTED OPINION on denying Motion to Dismiss - Rule 12(b)(6). On or before 1/29/2021, defendant is directed to FILE an answer or otherwise respond to plaintiffs' complaint; and on or before 1/29/2021, the parties are directed to CONFER and FILE a Joint Status Report informing the court of their positions on the consolidation of this case with any other matters before the court. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made. Modified text on 12/1/2020

Keywords: re: Reported Opinion on Motion to Dismiss; RCFC 12(b)(6); Fair Labor Standards Act (FLSA), 29 U.S.C. §§ 201-19; Anti-Deficiency Act (ADA), 31 U.S.C. §§ 1341-42; Government Employees Fair Treatment Act of 2019 (GEFTA); Pub. L. No. 116-1, 133 Stat. 3 (2019).(TQ)

19-54 • D.P. et al v. USA

Filed 12/01/2020
REPORTED OPINION denying Motion to Dismiss - Rule 12(b)(6). On or before 1/29/2021, defendant is directed to FILE an answer or otherwise respond to plaintiffs' complaint; and on or before 1/29/2021, the parties are directed to CONFER and FILE a Joint Status Report informing the court of their positions on the consolidation of this case with any other matters before the court. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made. Modified text on 12/1/2020

Keywords: re: Reported Opinion on Motion to Dismiss; RCFC 12(b)(6); Fair Labor Standards Act (FLSA), 29 U.S.C. §§ 201-19; Anti-Deficiency Act (ADA), 31 U.S.C. §§ 1341-42; Government Employees Fair Treatment Act of 2019 (GEFTA); Pub. L. No. 116-1, 133 Stat. 3 (2019). (TQ)

19-63 • HERNANDEZ et al v. USA

Filed 12/01/2020
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(6). On or before 1/29/2021, defendant is directed to FILE an answer or otherwise respond to plaintiffs' complaint; and on or before 1/29/2021, the parties are directed to CONFER and FILE a Joint Status Report, informing the court of their positions on the consolidation of this case with any other matters before the court. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made. Modified text of deadlines to red font on 12/1/2020

Keywords: re: Reported Opinion on Motion to Dismiss; RCFC 12(b)(6); Fair Labor Standards Act (FLSA), 29 U.S.C. §§ 201-19; Anti-Deficiency Act (ADA), 31 U.S.C. §§ 1341-42; Government Employees Fair Treatment Act of 2019 (GEFTA); Pub. L. No. 116-1, 133 Stat. 3 (2019). (TQ)

20-66 • LANDGRAF v. USA

Filed 12/01/2020
REPORTED OPINION. The Court grants the defendant's motion to dismiss and dismisses the complaint under RCFC 12(b)(6) for failure to state a claim upon which relief can be granted. The Court will issue an order in accordance with this memorandum opinion. Signed by Judge Richard A. Hertling. (dhf) Service on parties made.

Keywords: re: Reported Opinion, Motion to Dismiss; Rule 12(b)(1); Jurisdiction; Rule 12(b)(6); sua sponte; Failure to State a Claim; Breach; Wetlands Reserve Program; Contract Formation; Preliminary Wetlands Reserve Plan of Operations; Promissory Estoppel.

19-257 • JONES v. USA

Filed 12/01/2020
REPORTED OPINION denying Motion to Dismiss - Rule 12(b)(6). On or before 1/29/2021, defendant is directed to FILE an answer or otherwise respond to plaintiffs' complaint; and on or before 1/29/2021, the parties are directed to CONFER and FILE a Joint Status Report informing the court of their positions on the consolidation of this case with any other matters before the court. Signed by Judge Patricia E. Campbell-Smith. (mrc) Service on parties made. Modified font color of deadline text to red on 12/1/2020

Keywords: re: Reported Opinion on Motion to Dismiss; RCFC 12(b)(6); Fair Labor Standards Act (FLSA), 29 U.S.C. §§ 201-19; Anti-Deficiency Act (ADA), 31 U.S.C. §§ 1341-42; Government Employees Fair Treatment Act of 2019 (GEFTA); Pub. L. No. 116-1, 133 Stat. 3 (2019).

20-758 • MELWOOD HORTICULTURAL TRAINING CENTER, INC. v. USA

Filed 11/30/2020
REPORTED OPINION. ECF No. is reissued without redactions. Signed by Judge David A. Tapp. (jm) Service on parties made.

Keywords re Reported Opinion: Motion to Dismiss; RCFC 12(b)(1); Ripeness; Pre-Award Bid Protest; AbilityOne; Section 898, National Defense Authorization Act of Fiscal Year 2017, Pub. L. No. 114-328, 130 Stat 2000; Javits-Wagner ODay Act, 41 U.S.C. §§ 850106; 41 C.F.R. 51

20-774 • NAVARRO RESEARCH AND ENGINEERING, INC. v. USA

Filed 11/30/2020
REPORTED OPINION of the court's November 3, 2020 **SEALED**OPINION denying plaintiff's [44] Motion for Leave to File; denying plaintiff's [32] Motion for Judgment on the Administrative Record; granting intervenor-defendant's [37] Cross Motion; and, granting defendant's [38] Cross Motion. The Clerk is directed to ENTER final judgment DISMISSING plaintiff's complaint with prejudice. On or before 11/25/2020, the parties are directed to CONFER and FILE a notice informing the court as to whether any redactions are required before the court makes this opinion publicly available, and if so, attaching an agreed-upon proposed redacted version of the opinion. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made. Modified on 11/30/2020 - pdf was substituted for correcting of e-filing date. (jt1)

Keywords: re: Reported Opinion, Post-Award Bid Protest; Motions for Judgment on the Administrative Record; RCFC 52.1(c); Plain Language Review; Agency Discretion. (TQ)

19-496 • ACADIANA MANAGEMENT GROUP, LLC et al v. USA

Filed 11/30/2020
REPORTED OPINION granting Motion for Leave to File Supplemental Brief; granting [18] Motion to Dismiss - Rule 12(b)(6). On or before 12/2/2020, defendant is directed to FILE its proposed supplemental brief, ECF No. 41-1, as a separate docket entry in this matter. The Clerk is directed to ENTER final judgment in defendant's favor, and DISMISS plaintiffs' complaint with prejudice. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made.

Keywords: re: Reported Opinion on Motion to Dismiss - Rule 12(b)(1) and (6); Bankruptcy Fees; Illegal Exaction; No Means of Transfer. (TQ)

20-1108 • THE TOLLIVER GROUP, INC. v. USA

Filed 11/30/2020
REPORTED OPINION granting Motion for Judgment on the Administrative Record, filed by PEOPLE, TECHNOLOGY AND PROCESSES, LLC.; granting [31] MOTION for Judgment on the Administrative Record, filed by The Tolliver Group, pursuant to RCFC 52.1 and denying Defendant's [30] CROSS-MOTION for Judgment on the Administrative Record. If Plaintiffs believe that they are also entitled to proposal preparation costs, they shall file a motion for such on or before December 14, 2020. Signed by Judge Matthew H. Solomson. (ids) Service on parties made. Modified text on 11/30/2020 (ead). Modified on 12/1/2020 by replacing PDF with corrected version

Keywords re Order on MOTION for Judgment on the Administrative Record pursuant to RCFC 52.1 - Solicitation cancellation; Small Business Act; Rule of Two; set-aside; withdrawal; Federal Supply Schedule (FSS); multiple award contract; IDIQ; RAMCOR; SRA Int'l; Federal Acquisition Streamlining Act (FASA); Administrative Dispute Resolution Act of 1996 (ADRA); Competition in Contracting Act (CICA); GAO protest jurisdiction; Tucker Act jurisdiction; FAR Part 8; FAR Part 14; FAR Part 15; FAR Part 19.

15-501 • 3RD EYE SURVEILLANCE, LLC v. USA

Filed 11/30/2020
REPORTED OPINION: Reflecting redaction to opinion issued 11/20/20. Signed by Senior Judge Charles F. Lettow.

Keywords: Patent case; motion for partial summary judgment of infringement; cross-motion for judgment of noninfringement; 28 U.S.C. § 1498(a); all elements rule; evidence in dispute as to one element.

09-103 • HAGGART et al v. USA

Filed 11/25/2020
REPORTED OPINION denying Motion for Reconsideration; granting in part and denying in part [394] Motion for Reconsideration; granting in part and denying in part [395] Motion for Reconsideration; granting in part and denying in part [396] Motion for Reconsideration. The Clerk is directed to enter judgment. Signed by Senior Judge Charles F. Lettow.

09-333 • KOOPMANN v. USA

Filed 11/24/2020
REPORTED OPINION denying Motion for Reconsideration. Signed by Chief Judge Eleni M. Roumel. (srb1) Service on parties made. Modified on 11/25/2020 to edit docket text

20-1585 • COMPREHENSIVE HEALTH SERVICES, LLC v. USA

Filed 11/24/2020
REPORTED OPINION on MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by COMPREHENSIVE HEALTH SERVICES, LLC denying [3] Motion for TRO; denying [3] Motion for Preliminary Injunction. Signed by Judge David A. Tapp. (emc) Service on parties made.

Keywords: re: Order on Motion for TRO, Order on Motion for Preliminary Injunction, Reported Opinion. Bid-Protest; Government AccountabilityOffice; Competition in Contracting Act; 31 U.S.C. § 3553; Automatic CICA Stay; CICA Stay Override; Temporary Restraining Order; Preliminary Injunction

17-970 • ALTAIR GLOBAL CREDIT OPPORTUNITIES FUND (A), LLC et al v. USA

Filed 11/23/2020
REPORTED OPINION. The Court lacks subject-matter jurisdiction over the plaintiffs' first claim and therefore dismisses it under RCFC 12(b)(1) and 12(h)(3). The Court dismisses the plaintiffs' second and third claims for failure to state a claim upon which relief can be granted under RCFC 12(b)(6). The Court denies as moot the defendant's motion for partial summary judgment. The Court will issue an order in accordance with this memorandum opinion. Signed by Judge Richard A. Hertling. (dhf) Service on parties made.

Keywords: re: Reported Opinion, Jurisdiction; Failure to State a Claim; Rule 12(b)(1); Rule 12(b)(6); Fifth Amendment Takings Claim; PROMESA; 48 U.S.C. § 2121; 11 U.S.C. § 552; collateral estoppel; Puerto Rico.

20-946 • SUMMIT TECHNOLOGIES, LLC v. USA

Filed 11/20/2020
REPORTED OPINION originally filed under seal on November 18, 2020, see [36], denying Motion for Judgment on the Administrative Record; granting [27] Cross Motion. The clerk's office is directed to DISMISS plaintiff's complaint and ENTER final judgment, with prejudice in defendant's favor. on or before 12/18/2020, the parties are directed to CONFER and FILE a notice informing the court as to whether any redactions are required before the court makes this opinion publicly available, and if so, attaching an agreed-upon proposed redacted version of the opinion. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made.

Keywords: re: Reported Opinion. Pre-Award Bid Protest; Motion for Judgment on the Administrative Record; Agency Discretion; Unstated Evaluation Criteria. (TQ)

19-67 • ROWE et al v. USA

Filed 11/20/2020
REPORTED OPINION on denying Motion to Dismiss - Rule 12(b)(6). Answer due by 1/22/2021. On or before 1/22/2021, the parties are directed to CONFER and FILE a joint status report informing the court of their positions on the consolidation of this case with any others matters before the court. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made. Modified on 11/23/2020 by replacing PDF due to typographical error in original.

Keywords: re: Reported Opinion Motion to Dismiss; RCFC 12(b)(6); Fair Labor Standards Act (FLSA), 29 U.S.C. §§ 201-19; Anti-Deficiency Act (ADA), 31 U.S.C. §§ 1341-42; Government Employees Fair Treatment Act of 2019 (GEFTA); Pub. L. No. 116-1, 133 Stat. 3 (2019).(TQ)

20-835 • WISCONSIN PHYSICIANS SERVICE INSURANCE CORPORATION v. USA

Filed 11/19/2020
REPORTED OPINION, redacted version of sealed opinion filed October 28, 2020. Signed by Senior Judge Margaret M. Sweeney. (jb2) Service on parties made.

Keywords: re: Reported Opinion; Postaward Bid Protest; Cross-Motions for Judgment on the Administrative Record; Standing; Evaluation of Proposals; Technical Acceptability; Disparate Treatment Allegations; OCI Mitigation.

18-1257 • SHNIER et al v. USA

Filed 11/17/2020
REPORTED OPINION AND ORDER. Granting Motion for Summary Judgment, denying [26] Cross-Motion for Summary Judgment. The Clerk is directed to enter judgment. Signed by Judge Ryan T. Holte. (tjw) Service on parties made.

Keywords: re: Reported Opinion and Order. Pro Se; Tax Refund Claim; RCFC 56; Motion for Summary Judgment; 26 I.R.C. § 1297; Passive Foreign Investment Company ("PFIC"); Taxpayer Bill of Rights ("TBOR"); 26 I.R.C. § 7803(a)(3).

11-201 • ROSS-HIME DESIGNS, INC. v. USA

Filed 11/17/2020
REISSUED REPORTED OPINION Granting Motion for Summary Judgment of Non-Infringement and denying-as-moot motion as to invalidity ; Denying-as-moot [318] MOTION in Limine. Signed by Judge David A. Tapp. (co) Service on parties made.

Keywords re Reported Opinion: Patent; Non-Infringement; RCFC 56; Mas-Hamilton Grp. v. LaGard, Inc., 156 F.3d 1206 (Fed. Cir. 1998); Celotex Corp. v. Catrett, 477 U.S. 317 (1986); Doctrine of Equivalents; Anticipation; 35 U.S.C. § 112.

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