USCFC General Jurisdiction-Reported

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20-879 • MITCHCO INTERNATIONAL, INC. v. USA

Filed 08/20/2020
**RE-DOCKETED ORDER FOR PUBLICATION**. REPORTED ORDER granting [13] Motion to Intervene. Signed by Senior Judge Eric G. Bruggink. (ew) Service on parties made.

20-229 • HARVEY v. USA

Filed 08/20/2020
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1) and (6). The Clerk is directed to enter judgment. Signed by Senior Judge Marian Blank Horn. (jm5) Service on parties made; plaintiff served via U.S. mail.

Pro Se Plaintiff; Motion to Dismiss; Subject Matter Jurisdiction; Failure to State a Claim; Alleged Contract; Alleged Arbitration; Ratification; Tort; Criminal Conduct. Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1) and (6), Reported Opinion

20-372 • GLOCOMS, INC. v. USA

Filed 08/17/2020
MEMORANDUM OPINION and ORDER denying Plaintiff's Motion for Judgment Upon the Administrative Record, granting the Government's Cross-Motion for Judgment Upon The Administrative Record and dismissing the complaint. Signed by Judge Lydia Kay Griggsby. (jw) Service on parties made.

Keywords: Post-Award Bid Protest; Competition in Contracting Act ("CICA"); Judgment Upon the Administrative Record; RCFC 52.1; Injunctive Relief, re: Memorandum Opinion and Order.

19-386 • GREGORY et al v. USA

Filed 08/17/2020
REISSUED REPORTED OPINION. Reissued Opinion to correct typographical errors. Signed by Judge David A. Tapp. (co) Service on parties made.

Keywords: re: Reported Opinion: Signature Requirement; Waiver Doctrine; 26 U.S.C. § 7422; Treas. Reg. § 301.6402-2; Angelus Milling Co. v. C.I.R., 325 U.S. 293 (1945); I.R.C. § 6061; I.R.C. § 6065; Subject Matter Jurisdiction.

20-331 • WARRIOR SERVICE COMPANY, LLC v. USA

Filed 08/13/2020
REPORTED ORDER. Signed by Judge Ryan T. Holte. (jln) Service on parties made.

Keywords re: Reported Order: Bid protest; Small Business Administration (SBA); Service-Disabled Veteran-Owned Small Business (SDVOSB); size determination; ostensible subcontractor rule

16-688 • HORVATH v. USA

Filed 08/13/2020
REPORTED OPINION that the plaintiffs motion to certify a class is denied. The Court will file an order concurrent with this opinion denying the motion and setting a schedule for further proceedings in the case. Signed by Judge Richard A. Hertling. (agg) Service on parties made.

Keywords: re: Reported Opinion, RCFC 23; Class Certification; Commonality; Typicality; Adequacy; Civilian Pay; Overtime; LEAP; 5 U.S.C. § 5542(e); Secret Service; Diplomatic Security Service

19-1492 • KASTER v. USA

Filed 08/13/2020
REPORTED OPINION granting-in-part PLAINTIFF's Cross-Motion for Judgment on the Administrative Record as to PLAINTIFF's claim that he was denied a formal PEB in 2013; PLAINTIFF's remaining claims are dismissed without predjudice as moot; denying [12] Motion to Dismiss - Rule 12(b)(6); denying-in-part [12] Motion for Judgment on the Administrative Record filed by USA. The case is remanded to the Secretary of the Navy Council of Review Boards. Status Report due by 10/13/2020 and every sixty days thereafter. Remand proceedings shall be completed by 2/15/2021. Signed by Judge Elaine D. Kaplan. (feb) Service on parties made.

Keywords re Opinion and Order: Military Disability; Department of the Navy; SECNAVINST 1850.4E; Informal Physical Evaluation Board; Formal Physical Evaluation Board; Secretary of the Navy Council of Review Boards; Integrated Disability Evaluation System (IDES).

09-103 • HAGGART et al v. USA

Filed 08/12/2020
REPORTED OPINION denying Motion for Leave to File; denying [356] Motion for Attorney Fees; denying [357] Motion for Attorney Fees; granting in part and denying in part [355] Motion for Attorney Fees; granting in part and denying in part [360] Motion for Attorney Fees. The Clerk is directed to enter final judgment. Signed by Senior Judge Charles F. Lettow.

Keywords re Reported Opinion: Applications for award of attorneys fees and expenses under the Uniform Relocation Assistance and Real Property Acquisition Policies Act, 42 U.S.C. § 4654(c); jurisdiction; effect of earlier award of fees in settlement agreement; fees not awardable to pro se litigants; fees incurred to preserve and defend settlement against effort to overturn it; reasonableness of fees and expenses.

18-1943 • HCIC ENTERPRISES, LLC v. USA

Filed 08/11/2020
REPORTED OPINION dismissing complaint, sua sponte, for failure to state a claim. The Clerk is directed to enter judgment. Signed by Judge Elaine D. Kaplan. (feb) Service on parties made.

Keywords re Reported Opinion: Failure to State a Claim; RCFC 12(b)(6); Sua Sponte; Contracting Officer Final Decision

18-923 • TIPPINS et al v. USA

Filed 08/10/2020
REPORTED ORDER Deferring ruling on Motion to Compel; Denying [46] Motion for Protective Order; The parties are ORDERED to meet and confer by 8/24/2020, Status Report due by 8/27/2020. Signed by Judge David A. Tapp. (jm) Service on parties made.

Keywords: re: Order on Motion to Compel,, Order on Motion for Protective Order, Involuntary Retirement; Career Retention Screening Panel; Discovery; RCFC 30(b)(6); Motion to Compel

19-386 • GREGORY et al v. USA

Filed 08/10/2020
REPORTED ORDER granting Motion to Dismiss - Rule 12(b)(1). There being no just reason for delay, the Clerk is directed to enter judgment dismissing the Complaint. Joint Status Report due by 8/17/2020. Signed by Judge David A. Tapp. (co) Service on parties made.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1), Reported Order, Signature Requirement; Waiver Doctrine; 28 U.S.C. § 7422; Treas. Reg. § 301.6402-2; Angelus Milling Co. v. C.I.R., 325 U.S. 293 (1945); I.R.C. § 6061; I.R.C. § 6065; Subject Matter Jurisdiction.

20-413 • CLARKE HEALTH CARE PRODUCTS, INC. v. USA

Filed 08/10/2020
REPORTED OPINION of the court's **sealed** August 5, 2020 opinion. No redactions were proposed by the parties, see [8]. 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 Opinion, Motions for Judgment on the Administrative Record; Corrective Action Standard of Review; Agency Remand. (TQ)

19-859 • E-NUMERATE SOLUTIONS, INC. et al v. USA

Filed 08/07/2020
REPORTED OPINION denying Motion to Dismiss - Rule 12(b)(6). Government Answer due by 8/21/2020. Signed by Judge Ryan T. Holte. (nb7) Service on parties made.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(6): Patent Infringement; RCFC 12(b)(6); Motion to Dismiss; 35 U.S.C. § 101; Patent-ineligible Subject Matter; Abstract Idea.

20-119 • HOLLAND v. USA

Filed 08/07/2020
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; plaintiff served via U.S. mail.

Keywords: re: Pro Se Plaintiff; Military Pay; Motion to Dismiss; Subject Matter Jurisdiction; Statute of Limitations; Tort; Conspiracy; Americans with Disabilities Act.

14-690 • SOMMERS v. USA

Filed 08/04/2020
REPORTED OPINION re defendant's motion to dismiss or motion for judgment on the administrative record and [94] plaintiff's cross-motion for judgment on the administrative record. Signed by Judge Richard A. Hertling. (abg) Service on parties made.

Keywords: re: Reported Opinion: RCFC 12(b)(6); Reported Opinion; Military Pay Act; Voluntary Retirement

20-241 • HASKEW v. USA

Filed 08/04/2020
REPORTED ORDER denying Motion for Relief from Judgment - Rule 60. Signed by Senior Judge Nancy B. Firestone. (lb) Service on parties made.

Keywords re Order on Motion for Relief from Judgment - Rule 60, Reported Order: Pro Se, RCFC 59, RCFC 60(b)(6).

20-469 • GOLDSCHMITT AND ASSOCIATES, LLC v. USA

Filed 07/31/2020
REPORTED ORDER. Signed by Judge Thomas C. Wheeler. (nc) Service on parties made.

Keywords re Reported Order: Motion for Judgment on the Administrative Record; MJAR; RCFC 52.1; Bid Protest; Post-Award Bid Protest; Arbitrary and Capricious Review; Deference; Rational Basis; Prejudice; Permanent Injunction.

20-577 • DOUBLE LION UCHET EXPRESS TRUST, et al v. USA

Filed 07/31/2020
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1); denying [8] Motion for Judgment; denying [2] Motion for Leave to Proceed in forma pauperis. The Clerk is directed to enter judgment. Signed by Chief Judge Margaret M. Sweeney. (am) Service on parties made.

Keywords: re: Pro Se Plaintiffs; Motion to Dismiss; Subject Matter Jurisdiction; RCFC 12(b)(1); In Forma Pauperis

20-459 • AAR MANUFACTURING, INC. v. USA

Filed 07/30/2020
PUBLIC REPORTED OPINION re: the plaintiff's MOTION for Judgment on the Administrative Record, [25] the defendant's MOTION for Judgment on the Administrative Record and [26] the defendant-intervenor's MOTION for Judgment on the Administrative Record. Signed by Judge Richard A. Hertling. (abg) Service on parties made. Modified on 7/31/2020 by replacing with corrected PDF (ead). Modified on 7/31/2020 by replacing with corrected PDF

Keywords: re: Organizational conflict of interest; Biased-Ground-Rules OCI; Impaired-Objectivity OCI; Unequal-Access-to-Information OCI; Motion for Judgment on the Administrative Record; RCFC 52.1.

20-235 • MVM, INC. v. USA

Filed 07/30/2020
MEMORANDUM OPINION and ORDER denying MVM's motion for judgment upon the administrative record; granting the government's and Metro's respective cross motions for judgment upon the administrative record; denying-as-moot Metro's motion to dismiss; and dismissing the complaint. Signed by Judge Lydia Kay Griggsby. (jp) Service on parties made.

Keywords: Post-Award Bid Protest; Judgment Upon the Administrative Record; RCFC 52.1; Best Value Determination; Injunctive Relief, re: Memorandum Opinion and Order.

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