USCFC General Jurisdiction-Reported

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19-1133 • DYNCORP INTERNATIONAL LLC v. USA

Filed 06/08/2020
REPORTED OPINION reissuing OPINION and ORDER. Signed by Senior Judge Loren A. Smith. (kn) Service on parties made.

Keywords: Post-Award Bid Protest; Judgment on the Administrative Record; RCFC 52.1; Technical/Management Approach; Labor Staffing Model; Indefinite-Delivery Indefinite-Quantity Contract; Task Order Contract; Firm-Fixed Price; Cost Plus Fixed-Fee; Administrative Procedure Act; Arbitrary and Capricious; Price Reasonableness; FAR 15.404-1(b); Value Analysis; FAR 15.404-1(b)(4); Cost Realism; FAR 15.404-1(d); Unequal Discussions; Past Performance; Prejudice. Re: Reported Opinion. (kn)Keywords: Corrective Action; FAR 15.404-1(b)(2); FAR 15.404-1(b)(3); Price Reasonableness; Price Analysis Techniques; Price Analysis Procedures; Agency Discretion. Re: [152] Reported Opinion.

19-1133 • DYNCORP INTERNATIONAL LLC v. USA

Filed 06/08/2020
REPORTED OPINION reissuing OPINION and ORDER. Signed by Senior Judge Loren A. Smith. (kn) Service on parties made.

Keywords: Post-Award Bid Protest; Judgment on the Administrative Record; RCFC 52.1; Technical/Management Approach; Labor Staffing Model; Indefinite-Delivery Indefinite-Quantity Contract; Task Order Contract; Firm-Fixed Price; Cost Plus Fixed-Fee; Administrative Procedure Act; Arbitrary and Capricious; Price Reasonableness; FAR 15.404-1(b); Value Analysis; FAR 15.404-1(b)(4); Cost Realism; FAR 15.404-1(d); Unequal Discussions; Past Performance; Prejudice. Re: Reported Opinion. (kn)Keywords: Corrective Action; FAR 15.404-1(b)(2); FAR 15.404-1(b)(3); Price Reasonableness; Price Analysis Techniques; Price Analysis Procedures; Agency Discretion. Re: [152] Reported Opinion.

18-281 • OWL CREEK ASIA I, L.P et al v. USA

Filed 06/08/2020
REPORTED OPINION denying Motion to Amend Pleadings - Rule 15(b); granting [21] Motion to Dismiss - Rule 12(b)(1) and (6). The Clerk is directed to enter judgment. Signed by Chief Judge Margaret M. Sweeney. (jb2) Service on parties made.

Keywords: re: Motion to Dismiss; RCFC 12(b)(1); RCFC 12(b)(6); Jurisdiction; Standing; Direct Claims; Instrumentalities; Coercion; Agent; Conservators; Conflict of Interest; Third-Party Beneficiaries; Stock; Shareholders; Fannie; Freddie; FHFA.

18-370 • APPALOOSA INVESTMENT LIMITED PARTNERSHIP I et al v. USA

Filed 06/08/2020
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1) and (6). The Clerk is directed to enter judgment. Signed by Chief Judge Margaret M. Sweeney. (jb2) Service on parties made.

Keywords: re: Motion to Dismiss; RCFC 12(b)(1); RCFC 12(b)(6); Jurisdiction; Standing; Direct Claims; Instrumentalities; Coercion; Agent; Conservators; Conflict of Interest; Third-Party Beneficiaries; Stock; Shareholders; Fannie; Freddie; FHFA.

18-529 • MASON CAPITAL L.P. et al v. USA

Filed 06/08/2020
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1) and (6). The Clerk is directed to enter judgment. Signed by Chief Judge Margaret M. Sweeney. (jb2) Service on parties made.

Keywords: re: Motion to Dismiss; RCFC 12(b)(1); RCFC 12(b)(6); Jurisdiction; Standing; Direct Claims; Instrumentalities; Coercion; Agent; Conservators; Conflict of Interest; Third-Party Beneficiaries; Stock; Shareholders; Fannie; Freddie; FHFA.

20-315 • UTECH PRODUCTS v. USA

Filed 06/04/2020
REPORTED OPINION: Reflecting redactions from the opinion and order previously entered on May 28, 2020. Signed by Senior Judge Charles F. Lettow.

Keywords re Reported Opinion: Post-award protest of a sole source procurement; justification; 41 U.S.C. 3304(a)(1); responsible sources.

19-663 • KELTNER v. USA

Filed 06/03/2020
REPORTED OPINION denying Motion to Remand. On or before June 26, 2020, the parties shall file a joint status report, proposing a schedule for further proceedings in this case. Signed by Judge Matthew H. Solomson. (si) Service on parties made.

Keywords: re: Reported Opinion: Military Pay; Board for Correction of Military Records; Motion For Voluntary Remand; Remand Statute; SKF USA Inc. v. United States; Administrative Record Review; RCFC 52.2.

18-1699 • PERETZ v. USA

Filed 05/31/2020
REPORTED OPINION granting Motion to Dismiss. The Clerk is directed to enter judgment. Signed by Senior Judge Marian Blank Horn. (dl1) Service on parties made.

Keywords: re: Order on Motion to Dismiss, Reported Opinion: Tax Refund; 26 U.S.C. § 6532 Statute of Limitations; 26 U.S.C. § 7433; Motion to Dismiss; Subject-Matter Jurisdiction; Failure to State a Claim.

17-206 • STATE OF CALIFORNIA, ET AL. v. USA

Filed 05/31/2020
**Re-docketed for publication.** REPORTED OPINION denying Motion for Pre and Post Judgment Interest. The Clerk is directed to enter judgment. Signed by Senior Judge Marian Blank Horn. (jm5) Service on parties made.

20-92 • EFW, INC. v. USA

Filed 05/29/2020
REPORTED OPINION. Signed by Judge Thomas C. Wheeler. (sb) Service on parties made.

Keywords: re: Reported Opinion, Post-Award Bid Protest, Rational Basis Standard, Motion for Judgment on the Administrative Record, Agency Discretion, Bias, Conflict of Interest, Technical Risk Evaluation, Past Performance Evaluation, Prejudice, Source Selection Decision, Cost Realism Evaluation, Best-Value Determination.

20-37 • QUALITY CONTROL INTERNATIONAL v. USA

Filed 05/29/2020
REPORTED ORDER: Public Version of Sealed Opinion Granting Defendant's and Defendant Intervenor's Cross-Motions for Judgment on the Administrative Record. Signed by Senior Judge Nancy B. Firestone. (gd) Service on parties made.

Keywords: re: Bid Protest; Post-Award; FAR 15.306; Cross Motions for Judgment on the Administrative Record; Meaningful Discussions.

19-1628 • L & W CONSTRUCTION, LLC et al v. USA

Filed 05/28/2020
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1) and (6). The Clerk is directed to enter judgment. Signed by Senior Judge Eric G. Bruggink. (wr) Service on parties made.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1) and (6), Reported Opinion: Takings; 28 U.S.C. §1491(a)(1) (2018); 28 U.S.C. § 2501 (2018);28 U.S.C. § 1500(2018); RCFC12(b)(1); RCFC12(b)(6); motion todismiss; regulatory taking; physical taking;nuisance; statute of limitations; first-filed rule.

20-490 • FEIST v. USA

Filed 05/27/2020
REPORTED OPINION and ORDER denying Motion for Leave to Proceed in forma pauperis and dismissing complaint for lack of jurisdiction. The Clerk is directed to enter judgment. Signed by Chief Judge Margaret M. Sweeney. (am) Service on parties made; plaintiff served via U.S. mail.

Keywords: re: Reported Opinion and Order; Pro Se Plaintiff; Sua Sponte Dismissal; Subject Matter Jurisdiction; RCFC 12(h)(3); In Forma Pauperis

20-483 • CENTERLINE LOGISTICS CORP. v. USA

Filed 05/27/2020
REPORTED OPINION. Signed by Senior Judge Eric G. Bruggink. (jpk1) Service on parties made.

Keywords: re: Reported Opinion: Bid protest; Motion to dismiss; Corrective action; Waiver; Blue & Gold; Standing; Interested party; Successor in interest.

06-387 • INFORMATION SYSTEMS & NETWORKS CORPORATION v. USA

Filed 05/26/2020
REPORTED OPINION granting in part and deferring in part Motion for Partial Summary Judgment; denying [283] Cross Motion for Partial Summary Judgment; deferring ruling on [284] Motion to Strike; denying as moot [293] Motion to Strike. Joint Status Report due by 6/9/2020. Signed by Senior Judge Nancy B. Firestone. (lb) Service on parties made.

Keywords for Order on Motion for Partial Summary Judgment: Accord and Satisfaction; Release; Apparent Authority; Ratification; Final Indirect Cost Rates.

20-120 • QUANTICO TACTICAL INC. v. USA

Filed 05/26/2020
REPORTED ORDER. Signed by Senior Judge Eric G. Bruggink. (rr) Service on parties made. (Main Document 66 replaced on 5/28/2020 to attach corrected PDF)

Keywords: Motion to Disqualify, Duty of Loyalty, Duty of Confidentiality, ABA Model Rule 1.9, ABA Model Rule 1.6 re: Reported Order

19-643 • NEW ENGLAND SPECIALTY SERVICES, INC. v. USA

Filed 05/26/2020
REPORTED OPINION denying Motion for Summary Judgment; denying as moot [21] Motion for Discovery. Status Report due by 6/19/2020. Signed by Senior Judge Charles F. Lettow.

Keywords re Reported Opinion: Contract claim; motion for summary judgment; genuine issues of material fact.

17-1763 • THE TOLLIVER GROUP, INC. v. USA

Filed 05/22/2020
REPORTED OPINION denying Motion for Reconsideration. Defendant shall file any objections to the reasonableness of the amount of plaintiff's claimed attorneys' fees on or before 6/10/2020. Plaintiff shall file its response on or before 6/22/2020. Signed by Senior Judge Charles F. Lettow.

Keywords re Reported Opinion: Motion for reconsideration; jurisdiction over contractors claim for partial reimbursement of legal fees incurred in successful defense of qui tam suit.

19-911 • DOE v. USA

Filed 05/22/2020
REPORTED OPINION reissuing OPINION and ORDER. Signed by Senior Judge Loren A. Smith. (kn) Service on parties made.

Keywords: RCFC 12(b)(1); Motion to Dismiss; Subject-Matter Jurisdiction; Tucker Act; 28 U.S.C. § 1491; Statute of Limitations; 28 U.S.C. § 2501; Equitable Tolling; John R. Sand & Gravel Co. v. United States, 552 U.S. 130 (2008); Accrual Suspension Rule; Time-Barred. Re: Reported Opinion.

19-1878 • DOE NO. 1 et al v. USA

Filed 05/22/2020
REPORTED ORDER reissuing ORDER. Signed by Senior Judge Loren A. Smith. (kn) Service on parties made.

Keywords: Fair Labor Standards Act; Conditional Certification; 29 U.S.C. § 216(b); Similarly Situated; Collective Action; Two-Step Approach; Court-Facilitated Notice. Re: Reported Order. (kn)**ENTERED IN ERROR** Keywords: RCFC 12(b)(1); Motion to Dismiss; Subject-Matter Jurisdiction; Tucker Act; 28 U.S.C. § 1491; Statute of Limitations; 28 U.S.C. § 2501; Equitable Tolling; John R. Sand & Gravel Co. v. United States, 552 U.S. 130 (2008); Accrual Suspension Rule; Time-Barred.Re: [46] Reported Order.

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