USCFC General Jurisdiction-Reported
U.S. Court of Federal Claims Opinions
Updated: 12 hours 53 min ago
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17-1000 • MAEHR v. USA
REPORTED MEMORANDUM OPINION and FINAL ORDER denying Plaintiff's Motion for Reconsideration - Rule 59(a). Signed by Senior Judge Susan G. Braden. (ar) Service on parties made.
Keywords: re: Rules of the United States Court of Federal Claims ("RCFC") 59(a) (Grounds For New Trial Or Reconsideration; Further Action After Trial); 59(e) (Motion To Alter Or Amended Judgment).
18-861 • CHENEGA HEALTHCARE SERVICES, LLC v. USA
REPORTED OPINION. Public version of the court's July 13, 2018 opinion issued under seal, [42]. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made.
Keywords: re: Reported Opinion. Post-Award Bid Protest; Review of Proposal Evaluation; Late Key Personnel Substitution; Award Without Discussions; Preliminary Injunction Request Denied. (TQ)
93-655 • ANAHEIM GARDENS, et al v. USA
REPORTED OPINION denying MOTION in Limine To Preclude Defendant From Offering Any Evidence At Trial Contrary To Defendant's Testimony Pursuant to RCFC 30(b)(6) filed by ANAHEIM GARDENS. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made.
Keywords: re: Reported Opinion. Motion In Limine; Exclusion of Evidence that Allegedly Contradicts Deposition Testimony of RCFC30(b)(6) Witness. (TQ)
18-178 • BGT HOLDINGS LLC v. USA
REPORTED OPINION and ORDER denying MOTION to Dismiss pursuant to Rule 12(b)(6) filed by USA. Plaintiff's motion for leave to amend its complaint, as an alternative, is GRANTED. Plaintiff shall FILE its Amended Complaint on or before 8/17/2018. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made.
Keywords: re: Reported Opinion and Order. Motion to Amend Pleadings;RCFC 15. (TQ)
18-841 • KENNEDY v. USA
OPINION AND ORDER: granting Motion for Leave to Proceed in forma pauperis. The Clerk is directed to enter judgment. Signed by Chief Judge Margaret M. Sweeney. (ac7) Service on parties made.
Keywords: Pro Se Plaintiff; Sua Soonte Dismissal; Subject Matter Jurisdiction; RCFC 12(hX3); Proper Defendant; Civil Rights Claims; Tort Claims; Criminal Matters; Frivolous Claims; Collateral Attack of Prior Decisions; Equitable Relief; 28 U.S.C. $ | 63 | : In Forma Pauperis
18-433 • ACETRIS HEALTH, LLC v. USA
REPORTED OPINION reissuing **SEALED**OPINION and ORDER for publication. Signed by Chief Judge Margaret M. Sweeney. (kb1)
Keywords: re: Reported Opinion -- Preaward Bid Protest; Motion to Dismiss; Standing; Motion to Supplement the Administrative Record; Cross-Motions for Judgment on the Administrative Record; Declaratory and Injunctive Relief; Buy American Statute; Trade Agreements Act of 1979; Proper Construction of Solicitation's Trade Agreements Clause; Conflicting Solicitation Provisions; Reliance on Customs and Border Protection's Country-of-Origin Determination
18-823 • KGL FOOD SERVICES WLL v. USA
REPORTED OPINION denying MOTION to Intervene filed by AGILITY DGS LOGISTICS SERVICES CO. (KSC(C)). Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made.
Keywords: re: Reported OPINION. Intervention as of Right; Permissive Intervention; RCFC 24. (TQ)
17-970 • ALTAIR GLOBAL CREDIT OPPORTUNITIES FUND (A), LLC et al v. USA
**Redocketed for Posting to Court's Website** REPORTED MEMORANDUM OPINION and ORDER: denying Motion to Dismiss, Pursuant To Rule 12(b)(1), And Staying Case. Signed by Senior Judge Susan G. Braden. (ar) Service on parties made.
Keywords: re: Reported Order: U.S. CONST. art. IV, § 3; amend. V, Takings Clause; 28 U.S.C. § 1491 (Tucker Act); 48 U.S.C. §§ 2101-2241 (2012 & Supp. IV 2017) (Puerto Rico Oversight, Management, and Economic Stability Act (PROMESA)); Jones-Shafroth Act, Pub. L. No. 64-368, 39 Stat. 951 (1917), codified as amended at 48 U.S.C. §§ 731-751; Small Business Job Protection Act, Pub. L. No. 104-188, 110 Stat. 1755 (1996); H.R.J. 124, Pub. L. No. 87-121, 75 Stat. 245 (1961) (imposing a debt limit on Puerto Rico); P.R. CONST. art. VI, §§ 2, 8; Employees Retirement System Enabling Act, P.R. LAWS ANN. tit. 3, §§ 761-788 (Act 447); Urgent Interest Fund Act, 2006 P.R. Laws 91; Joint Resolution For Other Allocations For Fiscal Year 2017-2018 (Joint Resolution 188); Law To Guarantee Payment To Our Pensioners And Establish A New Plan For Defined Contributions For Public Servants (Act 106-2017); Rule of the United States Court of Federal Claims (RCFC) 12(b)(1) (Subject Matter Jurisdiction).
16-310 • MCCORD v. USA
REPORTED OPINION The Clerk is directed to enter judgment. Signed by Judge Elaine D. Kaplan. (bh) Service on parties made.
Keywords: re: Military Records Correction; Remand; RCFC 52.2(f)(1); Army Board for Correction of Military Records; Back Pay; 38 U.S.C. § 5304; Concurrent Receipt Prohibition; Health Insurance Premiums; Out-of-Pocket Costs; TRICARE.
17-1142 • CAMPBELL v. USA
REPORTED OPINION AND ORDER: Granting Motion to Dismiss - Rule 12(b)(1); Granting [18] Motion for Judgment on the Administrative Record; The Clerk is directed to enter judgment. Signed by Judge Charles F. Lettow. U.S. Certified Mail Tracking# 7012 3460 0001 7791 7982(vds) Service on parties made.
Keywords: Military pay case; entitlement to retirement pay; service as an Army reservist; jurisdiction; computation of retirement points.
17-1875 • GLOBAL DYNAMICS, LLC v. USA
REPORTED OPINION of the court's opinion issued under seal in this matter on June 28, 2018, ECF No. [84]. No redactions were proposed by the parties. Thus, the sealed and public versions of this opinion are identical, except for the publication date and footnote 1. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made.
Keywords: re: Reported Order, Bid Protest; Sole-Source Bridge Contract; Permanent Injunctive Relief, 28 U.S.C. § 1491(b)(2) (2012). (TQ)
17-9002 • IN RE DOWNSTREAM ADDICKS AND BARKER (TEXAS) FLOOD-CONTROL RESERVOIRS v. USA
REPORTED SCHEDULING ORDER GOVERNING PRODUCTION OF ELECTRONICALLY STORED INFORMATION.. Signed by Chief Judge Susan G. Braden. (cn) Service on parties made.
17-9002 • IN RE DOWNSTREAM ADDICKS AND BARKER (TEXAS) FLOOD-CONTROL RESERVOIRS v. USA
REPORTED SCHEDULING ORDER (Establishing Discovery and Pre-Trial Deadlines): including Fact Discovery due by 10/5/2018, Exchange of Expert Reports due by 11/5/18, Expert Discovery due by 12/7/2018, Statement of Material Facts to Support Motion for Summary Judgment due by 1/11/2019, Response to Statement of Material Facts due by 1/18/2019, Joint Certification due by 3/8/2019, and Pre-Trial Memorandum of Law due by 3/25/2019. Signed by Chief Judge Susan G. Braden. (cn) Service on parties made.
15-155 • ALTERNATIVE CARBON RESOURCES, LLC v. USA
REPORTED OPINION denying Motion to Stay Execution of Judgment Pending Appeal. Signed by Judge Margaret M. Sweeney. (pp) Service on parties made.
Keywords re: Order on Motion to Stay, Reported Opinion -- Motion to Stay Execution of Judgment Pending Appeal; Hilton; Standard Havens; Dillon; Likelihood of Success on the Merits; Substantial Case; Balance of Harms.
18-272 • QUANTUM RESEARCH INTERNATIONAL, INC. v. USA
REPORTED OPINION (Reissuance of June 14, 2018 opinion). Signed by Senior Judge Eric G. Bruggink. (wr) Service on parties made.
Keywords: re: Reported Opinion: Bid protest; post-protest corrective action; 28 U.S.C. §1491(b)(1) (2012);instructions in request for quotation; unequal evaluation.
16-1624 • CASTILLO v. USA
REPORTED OPINION: denying Motion for Partial Summary Judgment; granting [25] Cross Motion;The Clerk is directed to enter judgment. Signed by Senior Judge Marian Blank Horn. (vhc) Service on parties made.
Keywords: Motion for Partial Summary Judgment; Takings Claim; Trails Act, 16 U.S.C. § 1241 et seq.; Florida Law; Center Line Presumption.
17-1931 • MENENDEZ et al v. USA
REPORTED OPINION: denying Motion for Summary Judgment; granting [21] Cross Motion. The Clerk is directed to enter judgment. Signed by Senior Judge Marian Blank Horn. (vhc) Service on parties made.
Keywords: Motion for Partial Summary Judgment; Takings Claim; Trails Act, 16 U.S.C. § 1241 et seq.; Florida Law; Center Line Presumption.
15-986 • BRATCHER et al v. USA
OPINION AND ORDER granting in part and denying in part Supplemental Motion for Attorney Fees; finding as moot [121] Motion for Leave to File Response. Final Bill of Costs due by 7/23/2018. The Clerk is directed to enter judgment in accordance with this Opinion. Signed by Judge Elaine D. Kaplan. (bl) Service on parties made.
Keywords: re: Reported Opinion; Rails-to-Trails Conversion; Fifth Amendment; Takings Clause; Uniform Relocation Act; Attorney Fees; Supplemental Motion.
13-942 • DAVIDSON v. USA
REPORTED OPINION Status Report due by 7/27/2018. Signed by Senior Judge Eric G. Bruggink. (jpk1) Service on parties made.
Keywords: re: Reported Opinion: Copyright infringement; 28 U.S.C. § 1498(b); Originality; Fair use; 17 U.S.C. § 107; Flat fee license; Running royalty; Mixed license.
16-314 • 1100 W. EWING ASSOC, LLC v. USA
REPORTED OPINION denying Motion for Partial Summary Judgment; granting [30] Cross Motion for Summary Judgment; finding as moot [33] Cross Motion. The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler. (mg) Service on parties made.
Keywords: re: Rails to Trails Case; National Trails System Act, 16 U.S.C. § 1241 (2006); Washington State Property Law; Deed Interpretation; Easement; Fee Simple.
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