USCFC General Jurisdiction-Reported

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19-1378 • POPLAR POINT RBBR, LLC v. USA

Filed 11/06/2019
REPORTED ORDER (Public) Denying Motion to Complete the Administrative Record. (Original Order Filed Under Seal October 28, 2019, ECF No. 24). Signed by Senior Judge Nancy B. Firestone. (lb) Service on parties made.

Keywords: re: Reported Order. Bid Protest; Motion to Complete the Administrative Record; Deliberative Process Privilege.

18-357 • UTE INDIAN TRIBE OF THE UINTAH AND OURAY INDIAN RESERVATION v. USA

Filed 11/04/2019
REPORTED ORDER GRANTING plaintiff's Motion for Leave to File and GRANTING IN PART and DENYING IN PART [15] defendant's Motion to Dismiss. Defendant's motion to dismiss Counts 1 & 2 is GRANTED. Defendant's motion to dismiss Count 3 is DENIED; its summary judgment motion to dismiss Count 3, pursuant to the settlement agreements, is DENIED. Judgment on Counts 4 & 5 is RESERVED. Signed by Senior Judge Robert H. Hodges, Jr. (jb) Service on parties made.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1) and (6), Order on Motion for Partial Summary Judgment, and Order on Motion for Leave to File: Breach of Trust; Taking; Indian Tribal Claims; Indian Trust Accounting Statute; Continuing Claims Doctrine; Settlement Agreements; Statute of Limitations; Indian Claims Commission Act; Recognized Title; and Accounting Claims.

19-508 • LAND SHARK SHREDDING, LLC v. USA

Filed 11/02/2019
REPORTED OPINION. Signed by Senior Judge Marian Blank Horn. (jm5) Service on parties made.

Pre-Award Bid Protest; Motion to Dismiss; Failure to State a Claim; Lack of Subject Matter Jurisdiction; Service-Disabled Veteran-Owned Small Business Rule of Two Doctrine. Keywords: re: Reported Opinion

18-1484 • FARMER et al v. USA

Filed 10/31/2019
REPORTED OPINION granting in part and denying in part Motion to Partially Dismiss - Rule 12(b)(1) and (6). As there is no just reason for delay, pursuant to RCFC 54(b), the Clerk is directed to enter judgment DISMISSING Counts VII, VIII, and IX of plaintiffs' complaint for lack of subject matter jurisdiction, without prejudice. The clerk's office is directed to STAY this matter until further order of the court. Within forty-five days of the issuance of a decision by the Supreme Court of the United States in the matters of Land of Lincoln Mutual Health Insurance Co. v. United States, 892 F.3d 1184 (Fed. Cir. 2018), cert. granted, 139 S. Ct. 2744 (U.S. June 24, 2019) (No. 18-1038), and Moda Health Plan, Inc. v. United States, 892 F.3d 1311 (Fed. Cir. 2018), cert. granted, 139 S. Ct. 2743 (U.S. June 24, 2019) (No. 18-1028), consolidated under Maine Community Health Options v. United States, 729 F. Appx 939 (Fed. Cir. 2018), cert. granted, 139 S. Ct. 2743 (U.S. June 24, 2019)(No. 18-1023), the parties are directed to FILE a joint status report recommending a schedule for further proceedings in this case. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1) and (6), Reported Opinion. Claim for Payments under the Patient Protection and Affordable Care Act Reinsurance Program, 42 U.S.C. § 18061 (2012); Motion to Dismiss, RCFC 12(b)(1); Insolvent Health Insurer; No Jurisdiction Over State Law Claims; Stay Warranted Pending Supreme Court Review. (TQ)

18-1882 • COFFMAN SPECIALTIES, INC. v. USA

Filed 10/31/2019
REPORTED OPINION denying Motion to Dismiss - Rule 12(b)(6). Defendant is directed to FILE its answer to plaintiff's complaint, on or before 11/27/2019. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(6),Reported Opinion. Motion to Dismiss; RCFC 12(b)(6). (TQ)

19-440 • SZUGGAR v. USA

Filed 10/28/2019
REPORTED OPINION. Signed by Judge Richard A. Hertling. (ah) Service on parties made.

Keywords: re: Reported Opinion, Class-Action, Motion to Dismiss, RCFC 12(b)(1), Subject-Matter Jurisdiction, Money-Mandating, Back Pay, Benefits, Temporary Appointment, 38 U.S.C. § 7405

19-239 • GILLIARD v. USA

Filed 10/28/2019
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1). The Clerk is directed to enter judgment. Signed by Senior Judge Marian Blank Horn. (rp) Service on parties made. Plaintiffs served via certified mail, article number 7018 2290 0000 5183 8907.

Keywords: Motion to Dismiss; Pro Se Plaintiffs; Subject-Matter Jurisdiction; Due Process; Tort Claims; Criminal Jurisdiction; Breach of Contract; Civil Rights.

19-449 • THE MODERN SPORTSMAN, LLC v. USA

Filed 10/23/2019
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(6). The Clerk is directed to enter judgment. Signed by Senior Judge Loren A. Smith. (kn) Service on parties made.

Keywords: Fifth Amendment Takings Claim; Informal Rulemaking; Police Power; Bureau of Alcohol, Tobacco, Firearms and Explosives; Bump Stock; Machinegun; Motion to Dismiss; RCFC 12(b)(6) re: Order on Motion to Dismiss - Rule 12(b)(6), Reported Opinion.

19-676 • WELLPOINT MILITARY CARE CORP v. USA

Filed 10/23/2019
REPORTED MEMORANDUM OPINION AND ORDER denying Motion to Stay Pending Appeal. Signed by Judge Lydia Kay Griggsby. (jp) Service on parties made.

Keywords: Injunction Pending Appeal; RCFC 62(d), re: Reported Memorandum Opinion and Order.

18-458 • BAILEY v. USA

Filed 10/23/2019
REPORTED OPINION on MOTION for Judgment on the Administrative Record filed by USA and [20] CROSS MOTION for Judgment on the Administrative Record filed by Plaintiff. The court denies the USA's [16] Motion for Judgment on the Administrative Record and grants in part and denies in part [20] Plaintiff's Cross-Motion. The case is remanded back to the AFBCMR. The parties shall file Joint Status Report by 1/21/2020). Signed by Senior Judge Nancy B. Firestone. (gd) Service on parties made. Modified on 11/13/2019 - minor typographical corrections(jt1).

Keywords: re: Military Pay; Judgment on the Administrative Record; AFBCMR; Burden of Proof; Deference to Medical Advisory Opinions

19-1303 • ALLEN v. USA

Filed 10/22/2019
REPORTED Order dismissing plaintiff's complaint. The Clerk is directed to enter judgment. The Clerk is further directed to accept no future filings from this plaintiff without first obtaining leave from the Chief Judge of the United States Court of Federal Claims. Signed by Senior Judge Marian Blank Horn. (rp) Service on parties made. Plaintiff served via certified mail, article number 7018 0040 0001 1393 2430.

Keywords: Reported Order. Pro Se Plaintiff; Subject-Matter Jurisdiction; Frivolous Complaint; Sanctions.

18-178 • BGT HOLDINGS LLC v. USA

Filed 10/22/2019
REPORTED OPINION (reissued 10/22/2019; originally filed 4/5/2019, see ECF No. [16]) granting Motion to partial Dismiss - Rule 12(b)(6), Counts I, II & III of plaintiff's amended complaint. Pursuant to RCFC 54(b), there being no just reason for delay, and for the reasons stated in this opinion, the clerk's office is directed to ENTER final judgment in favor of defendant, DISMISSING Count's I, II, and III of plaintiff's amended complaint, with prejudice. Defendant shall FILE the government's ANSWER or othewise respond to the remaining counts, Counts IV and V, of plaintiff's amended complaint on or before 5/6/2019. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made.

Keywords: re: Reported Opinion, Motion to Dismiss; RCFC 12(b)(6); Equitable Adjustment; Breach of Contract; Breach of Implied Duty of Good Faith and Fair Dealing; 48 C.F.R. § 52.245-1 (2012). (TQ)

18-1568 • LAND SHARK SHREDDING, LLC v. USA

Filed 10/21/2019
REPORTED OPINION of the court's October 16, 2019 **SEALED** OPINION and ORDER denying [29] Motion for Judgment on the Administrative Record; and granting [32] CROSS MOTION and RESPONSE filed by USA. The Clerk is directed to enter final judgment for defendant, dismissing plaintiff's complaint, with prejudice. On or before 10/31/2019, the parties shall CONFER and FILE a Notice of filing, attaching a proposed redacted version of this opinion, with any material deemed proprietary blacked out, so that a copy of the opinion can then be made available in the public record of this matter. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made. Modified on 10/22/2019 (jt1).

Keywords: re: Reported Opinion. Post-Award Bid Protest; Preference for a Service-Disabled Veteran-Owned Small Business; Price Reasonableness Inquiry; Limitations on Subcontracting; Permanent Injunction Request. (TQ)

19-371 • MICHALOVIC CRAWLEY, et al. v. USA

Filed 10/21/2019
REPORTED ORDER granting in part and denying in part Motion to Certify Class and denying plaintiffs' request for equitable tolling. Revised proposed notice and revised proposed discovery plan due by 11/1/2019. Signed by Senior Judge Nancy B. Firestone. (lb) Service on parties made.

Keywords: re: Order on Motion to Certify Class, Reported Order. Fair Labor Standards Act; 29 U.S.C. § 216(b); Nationwide Conditional Certification; Common Policy or Plan.

16-830 • BELL et al v. USA

Filed 10/21/2019
REPORTED MEMORANDUM OPINION AND ORDER granting motion to dismiss; dismissing Count I of the complaint; dismissing Count II of the complaint with respect to certain plaintiffs; and entering summary judgment with respect to certain plaintiffs. Joint Status Report due by 11/21/2019. Signed by Judge Lydia Kay Griggsby. (jp) Service on parties made.

Keywords: Subject-Matter Jurisdiction; RCFC 12(b)(1); Failure To State A Claim; RCFC 12(b)(6); Summary Judgment; RCFC 56; Relocation Incentive Pay; 5 U.S.C. §5753; 5 C.F.R. § 575, Subpart B; RCFC 9(k), re: Reported Memorandum Opinion and Order.

14-21 • BALAGNA et al v. USA

Filed 10/18/2019
REPORTED OPINION (Status Report due by 12/2/2019) denying Motion for Partial Summary Judgment; granting [195] Motion for Partial Summary Judgment; denying [196] Motion for Partial Summary Judgment. Signed by Judge Elaine D. Kaplan. (arlr) Service on parties made.

19-937 • LOOKS GREAT SERVICES, INC. v. USA

Filed 10/17/2019
REPORTED ORDER & OPINION GRANTING Motion to Dismiss - Rule 12(b)(1) and (6) The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler. (sb) Service on parties made.REPORTED ORDER & OPINION GRANTING [8] Motion to Dismiss - Rule 12(b)(1) and (6) The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler. (sb) Service on parties made.REPORTED ORDER & OPINION GRANTING [8] Motion to Dismiss - Rule 12(b)(1) and (6) The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler. (sb) Service on parties made.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1) and (6); Reported Opinion; Reported Order; Fifth Amendment Taking; Breach of Contract; Injunctive Relief; Post-Award; RCFC 12(b)(1) and (b)(6); Motion to Dismiss; Just Compensation; Subject-Matter Jurisdiction; Contract Disputes Act.

19-748 • METROPOLITAN INTERPRETERS AND TRANSLATORS, INC. v. USA

Filed 10/16/2019
REPORTED OPINION of the court's sealed opinion, ECF No. [53], issued on 9/26/2019 denying Motion for Judgment on the Administrative Record; granting [35] Motion for Judgment on the Administrative Record and motion to strike; and granting [36] Motion for Judgment on the Record. The clerk's office is directed to STRIKE the declaration of Ariel H. Collis, ECF No. [32-2] and plaintiff's table, ECF No. [32-3], from the docket in this matter. Additionally, the clerk's office is directed to ENTER final judgment DISMISSING plaintiff's complaint with prejudice. On or before 10/15/2019, counsel for the parties shall CONFER and FILE a notice of filing, attaching a proposed redacted version of this opinion, with any material deemed proprietary blacked out, so that a copy of the opinion can then be made available in the public record of this matter. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made.

Keywords: re: Reported Opinion. Motion to Strike; Supplementing the Administrative Record; Fed. R. Evid. 1006; Compliance with Formatting Requirements; Technical Evaluation; Past Performance Evaluation; FAR 8.404(d) (2018); FAR 8.405-2(d) (2018); Denying Permanent Injunctive Relief.

19-839 • NETCENTRICS CORPORATION v. USA

Filed 10/15/2019
REPORTED PUBLIC OPINION denying Plaintiff's motion to stay pending appeal. Signed by Judge Elaine D. Kaplan. (arlr) Service on parties made.

15-938 • CIAPESSONI et al v. USA

Filed 10/11/2019
REPORTED ORDER granting Motion for Attorney Fees. Signed by Senior Judge Loren A. Smith. (mr) Service on parties made.

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