USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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17-663 • EVIDEO INCORPORATED, et al.v. USA

Filed 01/26/2018
REPORTED MEMORANDUM OPINION AND ORDER: granting-in-part Motion to Dismiss - Rule 12(b)(1) and (6) and dismissing the complaint. The Clerk is directed to enter judgment. Signed by Judge Lydia Kay Griggsby. (atw) Service on parties made.

Keywords: Rule 12(b)(1); Subject-Matter Jurisdiction; Rule 12(b)(6); Failure to State a Claim; Res Judicata; Implied-In-Law Contract, re: REPORTED MEMORANDUM OPINION AND ORDER on Motion to Dismiss - Rule 12(b)(1) and (6).

09-103 • HAGGART et al v. USA

Filed 01/26/2018
REPORTED OPINION and ORDER granting plaintiffs' motion for approval of the settlement. The Clerk is directed to enter judgment under RCFC 54(b). Signed by Judge Charles F. Lettow. (kw)REPORTED OPINION and ORDER granting plaintiffs' motion for approval of the settlement. The Clerk is directed to enter judgment under RCFC 54(b). Signed by Judge Charles F. Lettow.

Keywords: re: Rails-to-trails takings case; fairness of settlement of class action; RCFC 23(e)

14-548 • BAKER et al v. USA

Filed 01/24/2018
REPORTED OPINION--Motion to Seal denied. Clerk will strike [77-8] and [79] filings. Plaintiffs will file complete Exhibit 7 to [77] Motion for Attorneys Fees, by 1/29/18. Signed by Senior Judge Robert H. Hodges, Jr.

17-685 • TENERIFE REAL ESTATE HOLDINGS, LLC et al v. USA

Filed 01/23/2018
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1). The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler. (mg) Service on parties made.

Keywords: re: Motion to Dismiss for Lack of Subject Matter Jurisdiction; RCFC 12(b)(1); Federal Deposit Insurance Corporation; 12 U.S.C. 1819(b)(1); 28 U.S.C. § 1345; Financial Institutions Reform, Recovery, and Enforcement Act of 1989; 12 U.S.C. § 1821.

17-1662 • ZEIDMAN TECHNOLOGIES, INC. v. USA

Filed 01/19/2018
Docketed for Administrative Purposes REPORTED OPINION AND ORDER granting in part and denying in part 17 Application for Access to Protected Material as well as defendant's motion to deny Mr. Zeidman's application for access 18. Mr. Zeidman's application for access to protected material, 17, is hereby DENIED in part, as to access to certain pages set forth in defendant's modified request which are specifically identified below, and is otherwise GRANTED; and Defendant's motion to deny Mr. Zeidman's application, 18, is hereby GRANTED in part, so that Mr. Ziedman shall have limited access to the administrative record and is otherwise DENIED. The following pages of the administrative record remain under seal and are RESTRICTED from Mr. Zeidmans view: AR 435-651; AR 679-848; AR 867-886; AR 962-973; and, AR 1202-1208. On or before 1/23/2018, defendant shall FILE a redacted version of the administrative record under seal on the docket in this matter which shall meet the requirements set forth herein to allow plaintiff's counsel to provide this redacted version to Mr. Zeidman for review. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made. (Entered: 01/19/2018)

Keywords: re: Reported Opinion - Application for Access to ProtectedMaterial; RCFC, App. C, Section 18.

17-825 • SCIENCE APPLICATIONS INTERNATIONAL CORP. v. USA

Filed 01/19/2018
REPORTED ORDER denying Motion to Dismiss - Rule 12(b)(6); on [8] MOTION to Dismiss pursuant to Rule 12(b)(6) filed by USA. Signed by Senior Judge Eric G. Bruggink. (wr) Service on parties made. ew

Keywords: re: Patents; motion to dismiss for patent-ineligible subject matter; 35 U.S.C. § 101 (2012); whether plaintiffs claims are directed to an abstract idea

17-1758 • MITCHELL v. USA

Filed 01/18/2018
REPORTED OPINION granting Motion for Leave to Proceed in forma pauperis; granting [7] Motion to Dismiss - Rule 12(b)(1) and (6) The Clerk is directed to enter judgment. Signed by Judge Elaine D. Kaplan. U.S. Postal Service Certified Mail Receipt # 7017 1450 0000 1346 4261(vds) Service on parties made.

Keywords:Keywords: Pro Se Complaint; Subject Matter Jurisdiction; Equitable Relief; Money-Mandating; Sovereign Citizen.

15-1081 • SHIELDS et al v. USA

Filed 01/18/2018
REPORTED OPINION denying Motion for Summary Judgment and granting [30] Cross-Motion for Summary Judgment. The clerk is directed to enter judgment. Signed by Judge Margaret M. Sweeney. (pp) Service on parties made.

Keywords re: Reported Opinion -- Cross-Motions for Summary Judgment; RCFC 56; Tax Refund; Capital Loss; Theft Loss; Substantial Variance; Informal Claim; Waiver; General Claim; Germaneness; Quasi-Estoppel; Duty of Consistency.

17-1348 • CENTERRA GROUP, LLC v. USA

Filed 01/18/2018
REPORTED OPINION reissuing **SEALED** OPINION and ORDER for publication. Signed by Judge Margaret M. Sweeney. (kb1)

Keywords: re: Reported Opinion - Postaward Bid Protest; Cross-Motions for Judgment on the Administrative Record; Standing; Evaluation of Technical and Price Proposals; Tradeoff Analysis

17-445 • BULLOCK v. USA

Filed 01/17/2018
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1)-Lack of Subject Matter Jurisdiction. The court does not address the government's alternative request for dismissal under Rule 12(b)(6)-Failure to State a Claim because the court finds that it does not have subject matter jurisdiction over the complaint. No Costs. Signed by Senior Judge Nancy B. Firestone. (js) Service on parties made.

Keywords: re: Motion to Dismiss for Lack of Subject Matter Jurisdiction; RCFC 12(b)(1); Lack of authority to bind government; Failure to establish enforceable EEO Settlement Agreement

14-841 • AMPERSAND CHOWCHILLA BIOMASS, LLC et al v. USA

Filed 01/17/2018
REPORTED OPINION denying Cross Motion; denying [19] Motion for Partial Summary Judgment. Signed by Judge Mary Ellen Coster Williams. (TF3) Service on parties made.

Keywords: re: Summary Judgment; American Recovery and Reinvestment Act, Pub. Law. No. 111-5, Div. B, tit. I, § 1603, 123 Stat. 115, 364-66; Open-Loop Biomass Facility; Grant; 26 U.S.C. §§ 45, 48; Statutory Interpretation; Placed in Service; Oglethorpe Factors; Treas. Reg. 1.46-3(d)(1). (TF3)

13-75 • FARZAM v. USA

Filed 01/17/2018
REPORTED OPINION dismissing case and denying as moot Motion to Withdraw as Attorney. The Clerk is directed to enter judgment. Signed by Chief Judge Susan G. Braden. (jf) Service on parties made.

Keywords: re: Rule of the United States Court of Federal Claims 25(a)(1) and 41(b).

15-68 • UNITED STATES ENRICHMENT CORPORATION v. USA

Filed 01/16/2018
REPORTED OPINION Granting in part and denying in part Motion for Partial Summary Judgment; granting in part and denying in part [49] Cross Motion. Parties shall file a joint status report by 2/12/2018. Signed by Senior Judge Nancy B. Firestone. (js) Service on parties made.

Keywords: re: Partial Summary Judgment; Privatization Act, 42 U.S.C. § 2297(h); CAS 413-50(c)(12), 48 C.F.R. § 9904.413-50(c)(12); Segment Closing; Allocation of Assets and Liabilities; CAS 413-50(c)(5), 48 C.F.R. §9904.413-50(c)(5), Adjustment for Post-Retirement Health Benefits, FAR 52.216-7, 48 C.F.R. 52.216-7.

14-251 • BISHOP HILL ENERGY LLC v. USA

Filed 01/16/2018
REISSUED OPINION--Filed this date, unsealed. Signed by Senior Judge Robert H. Hodges, Jr.

Keywords: re: Reissued Opinion: Motion for Summary Judgment; Renewable Energy Facilities; Department of Treasury Section 1603 Grants; Internal Revenue Code of 1986, Section 48; The American Recovery and Reimbursement Tax Act of 2009

14-250 • CALIFORNIA RIDGE WIND ENERGY LLC v. USA

Filed 01/16/2018
REISSUED OPINION--Filed this date, unsealed. Signed by Senior Judge Robert H. Hodges, Jr.

Keywords: re: Reissued Opinion: Motion for Summary Judgment; Renewable Energy Facilities; Department of Treasury Section 1603 Grants; Internal Revenue Code of 1986, Section 48; The American Recovery and Reimbursement Tax Act of 2009

17-1016 • PREMYSLER v. USA

Filed 01/12/2018
REPORTED OPINION and ORDER granting Motion to Dismiss - Rule 12(b)(1) The Clerk is directed to enter judgment. Signed by Judge Charles F. Lettow. (vds) Service on parties made.

Keywords: Claim of breach of contract; prize competition under § 655 of the Energy Independence and Security Act of 2007; subject matter jurisdiction

13-130 • ALMANZA v. USA

Filed 01/11/2018
REPORTED OPINION and ORDER granting in part Amended Motion for Attorneys' Fees; granting [128] Motion for Leave to File. The Clerk is directed to enter judgment. Signed by Judge Elaine D. Kaplan. (bh) Service on parties made. (Main Document 137 replaced on 1/12/2018 to add Rule 54(b) language in the conclusion.)

Keywords: re: Attorneys Fees; Prevailing Party; Buckhannon; FLSA; Settlement Agreement; Forum Rule; Avera.

13-390 • VIRGIN ISLANDS PORT AUTHORITY v. USA

Filed 01/09/2018
REPORTED OPINION granting Motion for Summary Judgment; denying [52] Cross Motion The Clerk is directed to enter judgment. Signed by Senior Judge Eric G. Bruggink. (wr) Service on parties made.

Keywords: re: U.S. Const. amend. V; illegal exaction; constitutional takings; 48 U.S.C. § 1469c (2012); V.I. Code Ann. tit. 29, § 543(12) (2017).

17-1006 • GEO-MED, LLC v. USA

Filed 01/09/2018
REPORTED ORDER reissuing OPINION and ORDER. Signed by Senior Judge Loren A. Smith. (ae) Service on parties made.

Keywords: re: Pre-Award Bid Protest; RCFC 52.1; Judgment on the Administrative Record; Standing; Bundling

17-3000 • IN RE ADDICKS AND BARKER (TEXAS) FLOOD-CONTROL RESERVOIRS V. USA

Filed 01/08/2018
REPORTED ORDER Notice of Compliance due by 1/8/2018.. Signed by Chief Judge Susan G. Braden. (cn) Service on parties made.

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