USCFC General Jurisdiction-Reported
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18-657 • CHRISTY, INC. v. USA
REPORTED OPINION granting Motion to Dismiss. The Clerk is directed to enter judgment. Signed by Chief Judge Margaret M. Sweeney. (pp) Service on parties made.
Keywords: re: Reported Opinion -- Patents; Inter Partes Review; Leahy-Smith America Invents Act; RCFC 12(b)(1); RCFC 12(b)(6); Takings Clause; Patents as Property; Public Franchise; Breach of Contract; Patents as Contracts; Illegal Exaction.
16-950 • CB&I AREVA MOX SERVICES, LLC v. USA
REPORTED OPINION granting Motion for Partial Reconsideration - Rule 59(a). The Clerk is directed to enter judgment in Case No. 18-921. Signed by Judge Thomas C. Wheeler. (dh) Service on parties made.
Keywords: Motion for Reconsideration; RCFC 54(b), 58, 59(a); Fed. R. Civ. Pro. 54(b), 58, 59(a); Final Judgment; Mootness; Waiver; Right to Appeal; Voluntary Settlement; 28 U.S.C. 2517; Judgment Payment Statute; 31 U.S.C. 1304; Contract Disputes Act; 41 U.S.C. 708(a) re: Order on Motion for Reconsideration - Rule 59(a), Reported Opinion
18-978 • CHICHAKLI v. USA
REPORTED OPINION : Granting Motion to Dismiss - Rule 12(b)(1) and (6); The Clerk is directed to enter judgment. Signed by Judge Elaine D. Kaplan. U.S. Certified Mail Tracking# 7018 0040 0001 1393 1198(vds) Service on parties made. (Main Document 15 replaced on 1/25/2019)
Keywords: Pro Se; Motion to Dismiss; Takings Clause; IEEPA; Economic Sanctions; Executive Order 13348
18-1555 • FIELDS v. USA
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 2620 0000 7637 4785]
Keywords: re: Rule 12(b )( 1) Motion to Dismiss for Lack of Subject Matter Jurisdiction; Federal Torts Claims Act; Veterans Benefits; Transfer.
18-1806 • VONDRAKE v. USA
REPORTED ORDER Denying as moot Motion to Stay; Denying as moot[2] Motion for Leave to Proceed in forma pauperis; The Clerk is directed to enter judgment. Signed by Senior Judge Nancy B. Firestone. U.S. Certified Mail Tracking# 7017 2620 0000 7637 4761(vds) Service on parties made.
Keywords: Pro se; Sua Sponte Dismissal; Lack of Subject Matter Jurisdiction.
17-1315 • CASIANO et al v. USA
REPORTED OPINION denying Motion to Dismiss; granting in part and denying in part [12] Motion for Judgment on the Administrative Record; granting in part and denying in part [25] Cross Motion. The government shall file a status report by 3/8/2019. Signed by Judge Elaine D. Kaplan. (feb) Service on parties made.
Keywords re Reported Opinion: United States Public Health Service; Temporary Disability Retired List; Permanent Disability Retired List; Medical Review Board; Medical Appeals Board; Disability Evaluation Manual; Military Pay Act; 10 U.S.C. § 1201; 42 U.S.C. § 213a
16-1378 • ADAMS et al v. USA
REPORTED MEMORANDUM OPINION AND ORDER granting Government's Motion for Partial Summary Judgment on Appropriations Caps; denying [46] Plaintiffs' Motion for Partial Summary Judgment on Appropriations Caps; and denying as moot [42] Government's Motion for Partial Summary Judgment on Appropriations Caps. Signed by Judge Lydia Kay Griggsby. (jp) Service on parties made.
Keywords: Fair Labor Standards Act (FLSA); RCFC 56; Customs Officer Pay Reform Act (COPRA); Department of Homeland Security Appropriations Act, re: Reported Memorandum Opinion and Order.
19-27 • NORTH SOUTH CONSULTING GROUP, LLC v. USA
REPORTED OPINION issued under seal on January 11, 2019, see [21], denying plaintiff's motion for a TRO and preliminary injunction. On or before 1/31/2019, the parties shall CONFER and file a Joint Status Report proposing a schedule for further proceedings, if any, in this matter. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made. Modified on 1/28/2019 - corrected typographical error(jt1).
Keywords: re: Reported Opinion. Post-Award Bid Protest; Review ofProposal Evaluation and Award Decision; Request for Temporary Restraining Order and Preliminary Injunction Denied. (TQ)
18-1191 • MANTECH ADVANCED SYSTEMS INTERNATIONAL, INC. v. USA
REPORTED OPINION: Public Version With Redactions. Signed by Senior Judge Nancy B. Firestone. (gd) Service on parties made.
Keywords: re: Reported Opinion: Bid Protest; Pre-award Protest; Judgment on the Administrative Record; Material Error; Obvious, Clerical Error; Clarifications; Unequal and Unfair Treatment; FAR 15.306(a).
18-861 • CHENEGA HEALTHCARE SERVICES, LLC v. USA
REPORTED OPINION originally filed under seal on 12/21/2019 denying [50] Motion for Judgment on the Administrative Record; granting [52] Cross Motion; granting [53] Cross Motion. The Clerk is directed to enter final judgment DISMISSING plaintiff's amended complaint, with prejudice. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made.
Keywords: re: Reported Opinion. Post-Award Bid Protest; Late KeyPersonnel Substitution; Award Without Discussions; Rationale for Award. (TQ)
11-275 • BIG OAK FARMS, INC. et al v. USA
REPORTED OPINION: granting Motion to Dismiss - Rule 12(b)(1); Joint Status Report and Proposed Draft Order Dismissing Plaintiffs consistent with this opinion due by 1/18/2019, Plaintiffs' Fifth Amended Complaint reflecting this court's ruling due by 1/18/2019. Signed by Senior Judge Nancy B. Firestone. (gd) Service on parties made.
Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1), Reported Opinion. Fifth Amendment Taking Claims; Motion to Dismiss; 28 U.S.C. § 2501; Time-barred; Relation Back; RCFC 15(c); Class Action Tolling; RCFC 12(b)(6).
14-549 • ULTIMATE CONCRETE, LLC v. USA
REPORTED OPINION granting in part and denying in part Motion for Summary Judgment; granting in part and denying in part [119] Cross Motion. Status Report due by 2/11/2019. Signed by Judge Elaine D. Kaplan. (kb) Service on parties made.
Keywords re [139]: Contract Disputes Act (CDA), 41 U.S.C. § 7104; Motion for Summary Judgment, RCFC 56; Contract Interpretation; Critical Path; Defective Specifications.
15-995 • BAILEY et al v. USA
REPORTED OPINION: Granting Motion for Partial Summary Judgment; denying [66] Cross Motion; ( Joint Status Report due by 2/7/2019). Signed by Chief Judge Margaret M. Sweeney. (lfh) Service on parties made.
Keywords: re: - Fair Labor Standards Act; 29 U.S.C. §§ 201-209; Judgment Fund; 31 U.S.C. § 1304; RCFC 56; Summary Judgment.
18-1339 • INVERNESS TECHNOLOGIES, INC. v. USA
REPORTED OPINION originally filed under seal on 12/20/2018, see [61], granting Motion for Judgment on the Administrative Record; granting [39] Cross Motion; denying [30] Motion for Judgment on the Administrative Record. The Clerk is directed to enter FINAL judgment for defendant and intervenor-defendant, DISMISSING the remaining counts (I and III) of plaintiff's complaint, with prejudice. The parties shall CONFER and FILE a Proposed Redacted Version of this opinion, with any competition-sensitive or otherwise protectable information blacked out by 1/18/2019. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made.
Keywords: re: Reported Opinion. Post-Award Bid Protest; Corrective Action in Response to GAO Protest; Solicitation Cancellation. (TQ)
18-891 • DUKE ENERGY PROGRESS, LLC et al v. USA
REPORTED ORDER denying Motion to Dismiss - Rule 12(b)(6). Signed by Judge Thomas C. Wheeler. (ez) Service on parties made.
Keywords: re: Order on Motion to Dismiss - Rule 12(b)(6), Reported Order Spent Nuclear Fuel; Nuclear Waste Policy Act of 1982; CFC Rule 12; Motion to Dismiss; Breach of Contract; Collateral Estoppel; Foreseeability of Damages
18-920 • PHILBERT v. USA
REPORTED OPINION and ORDER: Granting Motion to Dismiss - Rule 12(b)(1); Denying [17] Motion for Reconsideration - Rule 59(a) ; The Clerk is directed to enter judgment. Signed by Judge Elaine D. Kaplan. U.S. Certified Mail Tracking# 7018 0040 0001 1393 1136(vds) Service on parties made.
Keywords: 28 U.S.C. § 1500; Equal Pay Act; Title VII; United States v. TohonoO'Odham Nation.
18-618 • WALL v. USA
REPORTED OPINION: granting Motion to Dismiss - Rule 12(b)(1); finding as moot [10] Motion for Order to Show Cause. The Clerk is directed to enter judgment. Signed by Senior Judge Marian Blank Horn. (ar) Service on parties made. [Sent via certified mail: 7017 1450 000 1346 2427]
Keywords: re: Pro Se Plaintiff; Motion to Dismiss; Jurisdiction; Tax Refund; Tax Liens; Slander' Fourteenth Amendment.
18-653 • HERNANDEZ v. USA
REPORTED OPINION and ORDER: denying Motion for Preliminary Injunction; denying [24] Motion for Call of Documents and Discovery ; granting [27] Motion to Dismiss - Rule 12(b)(1); denying [28] Motion to Investigate. The Clerk is directed to enter judgment. Each side shall bear its own costs. Signed by Judge Elaine D. Kaplan. (ar) Service on parties made. [Sent via certified mail: 7017 1450 000 1346 2403]
Keywords: re: Pro Se; Motion to Dismiss; Fort Laramie Treaty; Res Judicata; Claims Preclusion; Issue Preclusion; Iqbal; Twombly
16-1691 • CITY OF WILMINGTON, DELAWARE v. USA
REPORTED OPINION granting Motion to Compel. Defendant shall respond by 1/18/2019. Signed by Senior Judge Mary Ellen Coster Williams. (TF3) Service on parties made.
Keywords: re: Motion to Compel; Attorney-Client Privilege; Waiver; Clean Water Act; 33 U.S.C. § 1323; Reasonable Service Charges. (TF3)
18-217 • PEREZ v. USA
REPORTED OPINION granting in part and denying in part Defendant's Motion to Dismiss - Rule 12(b)(1). Signed by Senior Judge Marian Blank Horn. (td) Service on parties made.
Keywords: Military Pay Case; Motion to Dismiss; Statute of Limitations; Appellate Review Leave; Restoration to Active Duty.
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