USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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17-812 • COOPER v. USA

Filed 04/04/2018
REPORTED OPINION: Granting Motion to Dismiss - Rule 12(b)(1); The Clerk is directed to enter judgment. Signed by Judge Patricia E. Campbell-Smith. (vds) Service on parties made. U.S. Certified Mail Tracking# 7017 1450 0000 1346 0980

Keywords: Motion to Dismiss; Lack of Subject Matter Jurisdiction; RCFC 12(b)(l); RCFC 12(h)(3).

17-657 • BECHTEL NATIONAL, INC. v. USA

Filed 04/03/2018
REPORTED OPINION denying Motion for Summary Judgment; granting [15] Cross Motion. The Clerk is directed to enter judgment. Signed by Judge Elaine D. Kaplan. (bh) Service on parties made.

Keywords: re: Breach of Contract; Contractor Costs; Allowability; Geren v. Tecom, Inc.

18-86 • DZSP 21, LLC v. USA

Filed 03/29/2018
REPORTED OPINION and ORDER reflecting redactions from the opinion and order entered under seal on March 22, 2018. Signed by Judge Charles F. Lettow.

Keywords: re: Post-award bid protest; supplementation of the administrative record; completion of the administrative record; challenges to the agency's evaluation of the competing offerors' proffered pricing; factors affecting declaratory and injunctive relief

13-307 • GOLDEN v. USA

Filed 03/29/2018
REPORTED OPINION granting in part and denying in part Motion to Dismiss; and denying [124] Motion for Leave to File a Motion for Summary Judgment. Signed by Chief Judge Susan G. Braden. (Main Document 130 replaced on 4/2/2018 to combine exhibit with main document for administrative purposes)

Keywords: re: Reported Opinion, 45 C.F.R. § 75.435(h) (Uniform Administrative Requirements); 48 C.F.R. § 2.lOl(b) (Federal Acquisition Regulations Definitions); 28 U.S.C. §§ 1491(a) (Tucker Act Jurisdiction), 1498(a) (Patent Infringement Jurisdiction), 1927 (Liability for Excessive Costs); 31 U.S.C. §§ 6303 (Using Procurement Contracts), 6304 (Using Grant Agreements), 6305 (Using Cooperative Agreements); 35 U.S.C. §§ 102 (Novelty), 103 (Obviousness), 111(a),(b) (Application for Patent), 120 (Benefit of Earlier Filing Date), 251 (Reissue of Defective Patents), 252 (Effect of Reissue); Manual of Patent Examining Procedure (9th ed. 2015); and Rule of the United States Court of Federal Claims 12(b)(1) (Jurisdiction), 12(b)(6) (Failure to State a Claim), 12(h)(3) (Lack of Subject-Matter Jurisdiction), 15(a) (Amendments Before Trial), 41(b) (Dismissal of Actions), 56(e), (f) (Summary Judgment).

18-204 • FMS INVESTMENT CORP. v. USA

Filed 03/29/2018
REPORTED OPINION granting Motion to Disqualify. Signed by Judge Thomas C. Wheeler. (mg) Service on parties made.

Keywords: re: Post-Award Bid Protest; Department of Education Loan Collections; Motion to Disqualify Counsel; ABA Model Rule 1.7; Concurrent Conflict of Interest.

18-433 • ACETRIS HEALTH, LLC v. USA

Filed 03/28/2018
REPORTED OPINION denying Motion for a Temporary Restraining Order and for a Preliminary Injunction. Joint Status Report due by 4/6/2018. Signed by Judge Margaret M. Sweeney. (kb1)

Keywords: re: Order on Motion for TRO, Order on Motion for Preliminary Injunction, Reported Opinion -- Preaward Bid Protest; Motion for a Temporary Restraining Order and a Preliminary Injunction; Contract to Provide Entecavir Tablets; Procuring Agency Interpretation of Solicitation's Trade Agreements Clause; Country-of-Origin Determination; Exclusive Jurisdiction of the United States Court of International Trade

17-9002 • IN RE DOWNSTREAM ADDICKS AND BARKER (TEXAS) FLOOD-CONTROL RESERVOIRS v. USA

Filed 03/28/2018
REPORTED ORDER REGARDING TEST PROPERTY SELECTION. Signed by Chief Judge Susan G. Braden. (cn) Service on parties made.

17-1250 • IRON BOW TECHNOLOGIES, LLC v. USA

Filed 03/27/2018
REPORTED MEMORANDUM OPINION AND ORDER. Signed by Judge Lydia Kay Griggsby. (atw) Service on parties made.

16-371 • SCHULENBURG et al v. USA

Filed 03/26/2018
REPORTED OPINION granting in part and denying in part Motion for Partial Summary Judgment; denying [37] Cross Motion. Status Report due by 4/16/2018. Signed by Judge Mary Ellen Coster Williams. (nm) Service on parties made.

Keywords: re: Summary Judgment; Class Action; Fifth Amendment Takings; National Trails System Act; 16 U.S.C. § 1247(d); Ind. Rev. Stat. ch. 23 § 12 (1852); Ind. Code § 321212; Ind. Rev. Stat. ch. 23 § 14 (1852); Ind. Code § 32-5-12-4; Ind. Code § 32-23-11-6; Fee Simple; Right-of-Way; Creation of Easement Under Indiana Law; Centerline Presumption.

17-1480 • ALABAMA POWER COMPANY v. USA

Filed 03/26/2018
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(6). Defendant shall file its Answer or otherwise respond to the remaining allegations of the complaint on or before 4/26/2018. 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); Collateral Estoppel; Covenant of GoodFaith and Fair Dealing. (TQ)

17-1492 • GEORGIA POWER COMPANY v. USA

Filed 03/26/2018
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(6). Defendant shall FILE its Answer or otherwise respond to the remaining allegations of the complaint on or before 4/26/2018. 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); Collateral Estoppel; Covenant of Good Faith and Fair Dealing. (TQ)

17-1481 • GEORGIA POWER COMPANY v. USA

Filed 03/26/2018
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(6). Defendant shall FILE its Answer or otherwise respond to the remaining allegations of the complaint on or before 4/26/2018. 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); Collateral Estoppel; Covenant of Good Faith and Fair Dealing. (TQ)

15-717 • CAMPBELL et al v. USA

Filed 03/23/2018
REPORTED OPINION denying Motion for Reconsideration ; denying [35] Motion to Alter Judgment; denying [35] Motion to Amend Pleadings - Rule 15(b). Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made.

Keywords: re: Order on Motion for Reconsideration, Order on Motion to Alter Judgment, Order on Motion to Amend Pleadings - Rule 15(b), Reported Opinion. Motion for Reconsideration, RCFC 59; Motion for Leave to File an Amended Complaint, RCFC 15(a); Reconsideration Denied; Futile Request to Amend Complaint Denied. (TQ)

18-204 • FMS INVESTMENT CORP. v. USA

Filed 03/23/2018
REPORTED ORDER regarding Defendant's Notice and Plaintiffs' Motions to Supplement the Administrative Record, and granting [110] Motion to Disqualify Counsel. Defendant's Notice regarding document production due by 3/28/2018. Defendant's Notice regarding Department of Education timeline due by 4/11/2018. Signed by Judge Thomas C. Wheeler. (mg) Service on parties made.

Keywords: re: Post-Award Bid Protest; Department of Education Loan Collections; Motion to Supplement the Administrative Record; Motion to Disqualify Counsel.

17-1037 • BARTH v. USA

Filed 03/23/2018
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1) and (6). The Clerk is directed to enter judgment. Signed by Judge Patricia E. Campbell-Smith. (dls) Service on parties made. (Plaintiff served via certified mail; Article No. 7017 1450 0000 1346 4292 (Springvale, ME address) and 7017 1450 0000 1346 4308 (Sarasota, FL address))

Keywords: re: Motion to Dismiss; Lack of Subject Matter Jurisdiction; RCFC 12(b)(1); RCFC 12(b)(6); RCFC 12(h)(3).

15-155 • ALTERNATIVE CARBON RESOURCES, LLC v. USA

Filed 03/22/2018
REPORTED OPINION granting in part and denying in part Motion for Summary Judgment and granting [40] 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: Order on Cross-Motions for Summary Judgment, Reported Opinion -- Cross-Motions for Summary Judgment; RCFC 56; I.R.C. §§ 6426, 6427, 6675; Alternative Fuel Mixture Credit; Alternative Fuel; Sale; Use as a Fuel; Substance-Over-Form Doctrine; Economic Substance Doctrine; Excessive Claim Penalty.

18-310 • CONERLY v. USA

Filed 03/20/2018
REPORTED Order denying Motion for Leave to Proceed in forma pauperis; and dismissing plaintiff's complaint for lack of jurisdiction. The Clerk is directed to enter judgment. Signed by Senior Judge Loren A. Smith. (dls) Service on parties made. (Plaintiff served via certified mail; Article No. 7016 3010 0000 4308 4478)

Keywords: re: Pro Se; Lack of Subject Matter Jurisdiction; In Forma Pauperis Application.

17-1088 • QUESADA v. USA

Filed 03/20/2018
Opinion and Order: granting Motion for Leave to Proceed in forma pauperis; granting [10] Motion to Dismiss - Rule 12(b)(1); REPORTED OPINION The Clerk is directed to enter judgment. Signed by Judge Margaret M. Sweeney. (ac7) Service on parties made.

Keywords: Military Disability Retirement Pay, 10 U.S.C. § 1201; Military Retirement Pay, 10 U.S.C. §§ 1176, 3914, 3929, 3991; Physical Disability Review Board, 10 U.S.C.§ 1554a; RCFC 12(b)(l); Money-Mandating Statutes; Statute of Limitations, 28 U.S.C.§ 2501; Claim Accrual; Physical Evaluation Board; Discharge Date; Effect of Correction Board Proceedings

17-739 • KANE COUNTY, UTAH v. USA

Filed 03/20/2018
REPORTED OPINION denying the government's motion to dismiss and granting the plaintiff's motion for summary judgment as to liability. Status Report due by 4/3/2018. Signed by Judge Elaine D. Kaplan. (bh) Service on parties made.

Keywords: re: PILT Act; Appropriations Acts; Government Obligations; Underfunding.

18-1 • IAN, EVAN & ALEXANDER CORPORATION v. USA

Filed 03/19/2018
REPORTED OPINION. Signed by Senior Judge Marian Blank Horn. (td) Service on parties made.

Keywords: Bid Protest; Request for Injunctive Relief; Cross-Motions for Judgment on the Administrative Record; Motion to Dismiss; Competition in Contracting Act; Out-of-Scope Modification.

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