USCFC General Jurisdiction-Reported

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15-348 • KANSAS CITY POWER & LIGHT CO. v. USA

Filed 12/13/2018
REPORTED OPINION denying Motion for Judgment on the Pleadings. The parties shall file a joint status report by no later than 1/10/2019 suggesting further proceedings. Signed by Chief Judge Margaret M. Sweeney.

Keywords: re: Motion for Judgment on the Pleadings; RCFC 12(c); RCFC 12(b)(6); Indemnification; Duty to Defend

18-977 • INTEGRAL CONSULTING SERVICES, INC. v. USA

Filed 12/13/2018
REPORTED OPINION reissuing for publication Opinion and Order denying [20] Motion for Judgment on 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; Blue & Gold Fleet

18-1076 • TOLAR v. USA

Filed 12/12/2018
REPORTED OPINION and ORDER: granting Motion to Dismiss - Rule 12(b)(1); The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler. (ar) Service on parties made. [Sent via certified mail: 7017 1450 0000 1346 2366]

Keywords: re: Statute of Limitations; Retroactive Promotion; Military Pay; Non-Justiciable Claims.

17-1804 • HOUSING AUTHORITY OF THE CITY OF NEW HAVEN et al v. USA

Filed 12/10/2018
REPORTED OPINION granting in part and denying in part Motion to Dismiss. Answer due 2/8/2019. Signed by Chief Judge Margaret M. Sweeney. (pp) Service on parties made.

Keywords: re: Order on Motion to Dismiss -- RCFC 12(b)(1); RCFC 12(b)(6); Housing Act of 1937; Public Housing Authorities; Moving to Work Demonstration Program; Section 9 Operating Subsidy; 2012 Appropriations Act; Allocation Adjustment; Money-Mandating Source of Law; Presumption That Money Damages Are Available for Breach of Contract.

18-981 • VETERAN SHREDDING, LLC v. USA

Filed 12/06/2018
REPORTED OPINION: reflecting redactions from the opinion and order previously entered on November 26, 2018. Signed by Senior Judge Charles F. Lettow.

Keywords: re: Reported Opinion: Pre-award bid protest; challenge to cancellation of a solicitation; standing; criteria applicable to delineating an interested party after opening of bids but before any award of a procurement contract.

17-307 • HADDAD v. USA

Filed 12/04/2018
REPORTED MEMORANDUM OPINION AND ORDER denying Motion For Entry Of Order Dismissing Case Without Prejudice. Signed by Senior Judge Susan G. Braden. (rp) Service on parties made.

Keywords: re: 28 U.S.C. § 2514 (Forfeiture Of Fraudulent Claims); RCFC 41(a)(2) (Voluntary Dismissal By Court Order).

18-985 • PARTNER 4 RECOVERY v. USA

Filed 11/30/2018
REPORTED MEMORANDUM OPINION AND FINAL ORDER. Signed by Senior Judge Susan G. Braden. (dg) Service on parties made. Modified on 12/3/2018 - corrected pdf (jt1).

Keywords: re: 5 U.S.C. § 706(2)(A) (Scope of Review); 28 U.S.C. § 1491(Tucker Act Jurisdiction); 48 C.F.R §§ 3.101-1 (Federal Acquisition Regulation, Standards of Conduct), 9.505 (General Rules, Organizational Conflicts of Interest), 15.305 (Proposal Evaluation), 15.308 (Source Selection Decision), 15.404-1 (Proposal Analysis Techniques).

17-1329 • ERNST & YOUNG, LLP v. USA

Filed 11/29/2018
Re-docketed for publication. REPORTED FINAL ORDER granting Motion to Dismiss - Rule 12(b)(1); Order of Dismissal. The Clerk is directed to enter judgment. Signed by Senior Judge Susan G. Braden.(rp) Service on parties made.

Keywords: re: Jurisdiction;RCFC 12(b)(1) (Motion To Dismiss For Lack Of Subject-Matter Jurisdiction);RCFC 52.2(b) (Order To Remand).

18-1260 • RMGS, INC. v. USA

Filed 11/28/2018
OPINION AND ORDER granting Motion to Dismiss. Signed by Judge Elaine D. Kaplan. (kb) Service on parties made.

Keywords re [47]: Bid Protest; 28 U.S.C. § 1491; Organizational Conflict of Interest; Standing; Interested Party; Waiver; Blue & Gold Fleet, L.P. v. United States; COMINT Systems Corp. v. United States.

18-536 • C & L GROUP, LLC et al v. USA

Filed 11/28/2018
REPORTED Memorandum Opinion and Final Order granting Motion to Dismiss - Rule 12(b)(1). The Clerk is directed to enter judgment. Signed by Senior Judge Susan G. Braden. (dg) Service on parties made. Modified on 11/28/2018 to edit docket text

Keywords: re: 11 U.S.C. § 365(a) (Bankruptcy, Executory Contracts And Unexpired Leases); 28 U.S.C. § 1491(a)(1) (Tucker Act Jurisdiction); Implied-In-Fact Contract; Privity Of Contract; RCFC 12(b)(1) (Lack Of Subject Matter Jurisdiction).

18-897 • INNOVATIVE ELEMENT, LLC v. USA

Filed 11/27/2018
REPORTED ORDER denying Motion to Dismiss - Rule 12(b)(1); granting Motion to File Amended Complaint; (Amended Complaint due by 1/2/2019.). Signed by Senior Judge Susan G. Braden. (aa) Service on parties made.

Keywords: re: Mootness;48 C.F.R. 52.249 (Termination For Convenience Of The Government);RCFC 12(b)(1) (Motion To Dismiss For Lack Of Jurisdiction);RCFC 15 (Amended And Supplemental Pleadings).

17-1446 • LANGAN v. USA

Filed 11/20/2018
REPORTED OPINION granting in part and denying in part Motion to Dismiss - Rule 12(b)(1) and (6); granting in part and denying in part [17] Motion for Judgment on the Administrative Record. The Clerk is directed to enter judgment. Signed by Senior Judge Susan G. Braden. (aa) Service on parties made. Modified on 11/20/2018 to edit docket text

18-670 • OST, INC. v. USA

Filed 11/20/2018
REPORTED OPINION. Signed by Senior Judge Nancy B. Firestone. (js) Service on parties made.

Keywords: re: Reported Opinion Bid Protest; Jurisdiction; Motion to Dismiss; Federal Acquisition Streamlining Act of 1994 (FASA), 10 U.S.C. § 4106(f)(1); Bad Faith.

18-1224 • FACILITY SERVICES MANAGEMENT, INC. v. USA

Filed 11/19/2018
REPORTED OPINION of the court's November 1, 2018 opinion originally filed under seal denying [80] motion for TRO. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made.

Keywords: re: Reported Opinion. Bid Protest; Temporary Restraining Order; Injunctive Relief; 28 U.S.C. § 1491(b)(2) (2012). (TQ)

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

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