USCFC General Jurisdiction-Reported

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14-37 • CAQUELIN et al v. USA

Filed 11/06/2018
REPORTED OPINION - The court finds the government is liable for a taking of plaintiff's property on July 3, 2013 upon issuance of a NITU. Pursuant to RCFC 54(b), the Clerk is directed to enter judgment for the plaintiff for the stipulated amount of principal and interest of $900.00. Signed by Senior Judge Charles F. Lettow.

Keywords: re: Reported Opinion, post-trial decision on remand in a rails-to-trails takings case; liability for a temporary taking arising upon issuance of a NITU by the Surface Transportation Board.

17-475 • ALLEN v. USA

Filed 11/06/2018
REPORTED OPINION: granting Motion to Dismiss - Rule 12(b)(1) and (6); denying [29] Cross Motion as moot; denying [32] Motion for Default Judgment as moot. No costs. The Clerk is directed to enter judgment. Signed by Senior Judge Nancy B. Firestone. (gd) Service on parties made.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1) and (6),, Order on Cross Motion [Dispositive],, Order on Motion for Default Judgment,, Reported Opinion. Contract Disputes Act; Jurisdiction; Motion to Dismiss for Lack of Subject Matter Jurisdiction; RCFC 12(b)(1); 28 U.S.C. § 1491; Statute of Limitations; 28 U.S.C. § 2501; Interstate Commerce Act; Failure to State a Claim; RCFC 12(b)(6).

18-1515 • SAFEGUARD BASE OPERATIONS, LLC v. USA

Filed 11/05/2018
[Redocketed for Posting to Website] REPORTED OPINION: denying Protestor's second motion for temporary restraining order and preliminary injunction. Signed by Senior Judge Marian Blank Horn. (ar) Service on parties made.

Keywords: Post-Award Bid Protest; CICA Stay Override; Motion for Temporary Restraining Order; Motion for Preliminary Injunction. (td)Keywords: re: Post-Award Bid Protest; CICA Stay Override; Motion for Temporary Restraining order; Motion for Preliminary Injunction.

12-380 • UNITED LAUNCH SERVICES, LLC et al v. USA

Filed 11/01/2018
OPINION AND ORDER denying Motion to Certify Interlocutory Appeal and to Stay (Proposed Pretrial Scheduling Order due by 11/30/2018). Signed by Judge Elaine D. Kaplan. (kb) Service on parties made.

Keywords re [136]: 28 U.S.C. § 1292(d)(2); Interlocutory Appeal; Substantial Ground for Difference of Opinion.

18-1241 • BTR ENTERPRISES OF SC, LLC v. USA

Filed 10/31/2018
REPORTED OPINION (Reissuance of October 10, 2018 opinion). Signed by Senior Judge Eric G. Bruggink. (wr) Service on parties made.

Keywords: re: Reported Opinion: Bid protest; pre-award bid protest; 28 U.S.C. § 8127 (2018); 38 C.F.R. Part 74 (2018); SDVOSB verified status; control.

12-286 • NORTHROP GRUMMAN SYSTEMS CORPORATION v. USA

Filed 10/31/2018
REPORTED OPINION (Reissuance of October 17, 2018 opinion).. Signed by Senior Judge Eric G. Bruggink. (wr) Service on parties made.

Keywords: re: Reported Opinion: Contracts; Contract Disputes Act, 41 U.S.C. §§ 7101-7109 (2012); motions to dismiss; variance between claim and complaint; motions for summary judgment; contract interpretation.

11-857 • TRINCO INVESTMENT COMPANY et al v. USA

Filed 10/31/2018
REPORTED ORDER AND OPINION denying Motion to Transfer and request for oral arguments; granting Motion to Stay and Certification of Issue for Interlocutory Appeal. Parties shall file a Joint Status Report within 30 days from the date of final decision from the Federal Circuit. Signed by Senior Judge Edward J. Damich. (co) Service on parties made.

Keywords: re: Subject Matter Jurisdiction; Fifth Amendment; Takings; Just Compensation; Self-Executing; Sovereign Immunity; Separation of Powers; Article I; Article III; Common Law; Public Rights; Jury Trial; Seventh Amendment; Federal Courts; Legislative Courts; Tucker Act.

16-1624 • CASTILLO v. USA

Filed 10/30/2018
REPORTED OPINION: Denying Motion for Reconsideration - Rule 59(a) ; Signed by Senior Judge Marian Blank Horn. (vhc) Service on parties made.

Keywords: re: Motions for Reconsideration; Rails to Trails; Centerline Presumption; Florida State Law.

17-1931 • MENENDEZ et al v. USA

Filed 10/30/2018
REPORTED OPINION: enying Motion for Reconsideration - Rule 59(a) . Signed by Senior Judge Marian Blank Horn. (vhc) Service on parties made.

Keywords: re: Motions for Reconsideration; Rails to Trails; Centerline Presumption; Florida State Law.

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

Filed 10/26/2018
REPORTED OPINION denying motion to dismiss - Rule 12(b)(6). Defendant shall file its answer by 11/21/2018. Signed by Senior Judge Charles F. Lettow.

Keywords: re: Claim for partial reimbursement of legal fees incurred in successful defense of qui tam suit; FAR Part 31.

18-1063 • HENDRICKS v. USA

Filed 10/26/2018
REPORTED MEMORANDUM OPINION AND FINAL ORDER granting Motion to Dismiss - Rule 12(b)(1) and (6). The Clerk is directed to dismiss the Complaint, with prejudice. Signed by Senior Judge Susan G. Braden. (rp) Service on parties made. Plaintiff served via certified mail, article number 7017 2620 0000 7637 4594.

10-851 • ADKINS et al v. USA

Filed 10/26/2018
REPORTED OPINION. The Clerk is directed to enter judgment. Signed by Chief Judge Margaret M. Sweeney. (kb1)

Keywords: re: Reported Opinion -- Remand; Income Tax Refund; Theft Loss; IRC § 165; Treas. Reg. §§ 1.165-1, 1.165-8; Securities Fraud; Pump-and-Dump Scheme; Reasonable Prospect of Recovery; Arbitration; Restitution; Revenue Procedure 2009-20; Burden of Proof

13-165 • KENNEDY v. USA

Filed 10/24/2018
REPORTED OPINION AND ORDER denying Motion to Remand and denying [108] Motion to Strike, to Supplement the Administrative Record, and for an Evidentiary Hearing. Joint status report due 11/7/2018. Signed by Chief Judge Margaret M. Sweeney. (pp) Service on parties made.

Keywords re: Order on Motion to Remand; Order on Motion to Strike, to Supplement the Administrative Record, and for an Evidentiary Hearing; Reported Opinion -- Military Pay; NROTC Scholarship Benefits; Quantum; Administrative Record; Supplementation; Effective Judicial Review.

16-1263 • PENG v. USA

Filed 10/24/2018
REPORTED OPINION denying Motion for Summary Judgment; granting [28] Cross Motion; The Clerk is directed to enter final judgment in defendant's favor DISMISSING plaintiffs' complaint, with prejudice. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made. Modified on 10/25/2018 - corrected typographical errors (jt1).

Keywords: re: Order on Motion for Summary Judgment,, Order on Cross Motion, Reported Opinion. Personal Income Tax; Failure to Timely File; Penalty and Interest for Late Tax Payment; 26 U.S.C. §§ 6651(a), 6072(c) (2012); Summary Judgment; RCFC 56. (TQ)

15-953 • CITIGROUP, INC. v. USA

Filed 10/24/2018
REPORTED ORDER AND OPINION denying Motion for Partial Summary Judgment; denying [23] Motion for Partial Summary Judgment; ( Status Report due by 11/16/2018). Signed by Senior Judge Eric G. Bruggink. (jpk1) Service on parties made. Modified on 10/30/2018 - corrected typographical error (jt1).

Keywords: re: Order on Motion for Partial Summary Judgment,, Reported Order: Tax refund suit; FIRREA; Winstar; Supervisory goodwill; Worthless asset deduction; Reliance damages; I.R.C. § 597; Wounded bank damages; Tax benefit rule.

16-371 • SCHULENBURG et al v. USA

Filed 10/23/2018
REPORTED OPINION granting Motion for Summary Judgment. Signed by Senior Judge Mary Ellen Coster Williams. (TF3) Service on parties made.

Keywords: re: Summary Judgment; Fifth Amendment Takings; National Trails System Act; 16 U.S.C. § 1247(d); Crossing Rights; Ind. Code § 8-6-14-1. (TF3)

18-1275 • IDEAL INDUSTRIES, INC. v. USA

Filed 10/22/2018
REPORTED OPINION The Clerk is directed to enter judgment. Signed by Senior Judge Susan G. Braden. (aa) Service on parties made.

18-963 • AMERICAN RELOCATION CONNECTIONS, L.L.C. v. USA

Filed 10/22/2018
REPORTED OPINION. Signed by Senior Judge Marian Blank Horn. (td) Service on parties made.

Keywords: Pre-Award Bid Protest; Cross-Motions for Judgment on the Administrative Record; Acquisition Planning; Market Research; 13 C.F.R. § 125.2; Federal Supply Schedule; NAICS Codes.

17-876 • PETERSON INDUSTRIAL DEPOT, INC. et al v. USA

Filed 10/22/2018
REPORTED OPINION granting Motion to Dismiss. The Clerk is directed to enter judgment. Signed by Senior Judge Nancy B. Firestone. (gd) Service on parties made.

Keywords: re: Breach of Contract; Motion to Dismiss for Lack of Subject Matter Jurisdiction; Motion to Dismiss for Failure to State a Claim; RCFC 12(b)(1); RCFC 12(b)(6); Incorporation by Reference; FTCA; Third-Party Beneficiary; Gross Negligence; Good Faith and Fair Dealing; Contract Interpretation; Standing.

17-96 • VANQUISHWORLDWIDE, LLC v. USA

Filed 10/18/2018
REPORTED OPINION AND ORDER granting in part and denying in part Motion for Partial Summary Judgment; granting in part and denying in part [45] Cross-Motion for Partial Summary Judgment; denying as moot [70] Motion to Stay; denying as moot Motion for Enlargement of Time to File Status Report. Joint Status Report Due November 2, 2018. Signed by Judge Elaine D. Kaplan. (kb) Service on parties made.

Keywords: re: Contract Disputes Act; Duty of Good Faith and Fair Dealing; Subcontractors; Breach of Implied Warranty; Termination for Cause.

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