USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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16-257 • HINDMAN v. USA

Filed 02/28/2017
REPORTED ORDER Status Report due by 3/10/2017. Signed by Judge Susan G. Braden.

Keywords: re: 5 U.S.C. § 5754 (Federal Workforce Flexibility Act of 2004 Retention Bonuses); 28 U.S.C. 1491 (Tucker Act Jurisdiction).

15-378 • GLOBAL FREIGHT SYSTEMS CO. W.L.L v. USA

Filed 02/28/2017
REPORTED OPINION (Public Version [34]). Signed by Judge Mary Ellen Coster Williams. (tb1) Copy to parties.

Keywords: re: Reported Opinion. Fifth Amendment Taking; Breach of Contract; Third-Party Beneficiary; 28 U.S.C. § 1502; Discovery.

14-6 • JAMES et al v. USA

Filed 02/28/2017
REPORTED OPINION denying Motion for Summary Judgment; granting [66] Motion for Partial Summary Judgment. Signed by Judge Marian Blank Horn.

Keywords: re: Cross-Motions for Partial Summary Judgment; Takings Claim; Trails Act, 16 U.S.C. § 1241 et seq. (2012); S.C. Code § 57-3-220(A).

16-105 • WILLIAMS v. USA

Filed 02/28/2017
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(6); finding as moot [8] Cross Motion The Clerk is directed to enter judgment. Signed by Judge Susan G. Braden. (pt) Copy to parties.REPORTED OPINION granting [6] Motion to Dismiss - Rule 12(b)(6); finding as moot [8] Cross Motion The Clerk is directed to enter judgment. Signed by Judge Susan G. Braden.

Keywords: re: General Schedule Classification And Pay System, 5 U.S.C. §§ 5101, 5104, 5332, 533536; Tucker Act Jurisdiction, 28 U.S.C. § 1491; Two-Step Promotion Rule, 5 U.S.C. § 5334(b); Rules Of The United States Court Of Federal Claims (RCFC) 12(b)(1) (Lack Of Jurisdiction), 12(b)(6) (Failure To State Claim); FBI Policy Directive 0624D § 9.5.3.

15-577 • SACRAMENTO MUNICIPAL UTILITY DISTRICT v. USA

Filed 02/28/2017
REPORTED OPINION finding as moot Motion for Partial Summary Judgment The Clerk is directed to enter judgment. Signed by Judge Susan G. Braden.

Keywords: re: Damages for Partial Breach of Contract; Federal Rule of Evidence 702 (Experts); Nuclear Waste Policy Act, 42 U.S.C. §§ 10101-10270; Waste Classification, 10 C.F.R. 61.55; Licensing Requirements for Independent Storage of Spent Nuclear Fuel, 10 C.F.R. 72; Standard Contract for Disposal of Spent Nuclear Fuel, 10 C.F.R. 961.11.

14-38 • BROWN et al v. USA

Filed 02/28/2017
REPORTED OPINION denying Motion for Partial Summary Judgment; granting [61] Cross Motion. Signed by Judge Marian Blank Horn.

Keywords: re: Cross-Motions for Partial Summary Judgment; Takings Claim; Trails Act, 16 U.S.C. § 1241 et seq. (2012); S.C. Code § 57-3-220(A).

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

Filed 02/28/2017
REPORTED OPINION AND ORDER denying Motion for Summary Judgment; denying [84] Cross Motion; on [80] Second MOTION for Summary Judgment as to Liability filed by KATHLEEN G. ROSE, TRINCO INVESTMENT COMPANY, [84] CROSS MOTION and RESPONSE to [80] Motion for Summary Judgment filed by KATHLEEN G. ROSE, TRINCO INVESTMENT COMPANY filed by USA ( Status Report due by 3/21/2017). Signed by Senior Judge Lynn J. Bush. (jb2) Copy to parties.

Keywords: re: Order on Motion for Summary Judgment, Order on Cross Motion [Dispositive], Reported Opinion and Order,,, Takings; Necessity Defense for Fire-Fighting Actions On or Near National Forest; Reliability of Expert Opinion; Genuine Disputes of Material Fact Preclude Summary Judgment.

16-1297 • MARRS et al v. USA

Filed 02/24/2017
REPORTED OPINION AND ORDER issued in lead case, Martin, Case No. 13-834.. Signed by Chief Judge Patricia E. Campbell-Smith.

13-834 • MARTIN et al v. USA

Filed 02/24/2017
**REISSUED** REPORTED OPINION AND ORDER granting [153] Motion for Partial Summary Judgment, denying [154] Motion for Summary Judgment. Reissued only for the purpose of correcting the caption to include Case No. 16-1297 consistent with the order consolidating the cases. See Case No. 16-1297, ECF No. 9. Signed by Chief Judge Patricia E. Campbell-Smith.

Keywords: re: **REISSUED** Reported Opinion and Order. Cross-Motions for Summary Judgment; RCFC 56(a); Fair Labor Standards Act, 29 U.S.C. §§ 201-219 (2012); Award of Liquidated Damages for Violation of the Fair Labor Standards Act (TQ)

08-321 • WASHINGTON MUTUAL, INC. et al v. USA

Filed 02/21/2017
MEMORANDUM OPINION AND ORDER. The Court GRANTS-IN-PART Motion to Strike and DISMISSES the complaints WITH PREJUDICE. The Clerk is directed to enter judgment. Signed by Judge Lydia Kay Griggsby. (lh) Copy to parties. (Main Document 336 replaced on 2/22/2017 to add the consolidated case number.) (dls). (Main Document 336 replaced on 2/27/2017 to correct clerical error as identified in [339] order filed on February 27, 2017.)

Keywords: re: Reported Opinion: Tax Refund Claim; Cost Basis; Fair Market Valuation; Abandonment Loss Deduction; Amortization Deduction; Trial.

15-294 • CASARETTI et al v. USA

Filed 02/16/2017
REPORTED ORDER granting Motion to Partially Dismiss - Rule 12(b)(1) and (6). Signed by Judge Victor J. Wolski.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1) and (6), Reported Order FLSA collective action, 29 U.S.C. § 216(b); Federal Air Marshals; Transportation Security Admin.; 49 U.S.C. § 40122(g)(2); Back Pay Act, 5 U.S.C. § 5596; RCFC 12(b)(1), 12(b)(6); overtime pay; prejudgment interest not available.

16-1684 • MUNILLA CONSTRUCTION MANAGEMENT, LLC v. USA

Filed 02/15/2017
REPORTED OPINION denying Plaintiff's motion for judgment on the administrative record, granting Defendant's motion for judgment on the administrative record, and granting Defendant-Intervenor's motion for judgment on the administrative record. Signed by Judge Elaine D. Kaplan.

Keywords: re: Bid Protest; 28 U.S.C. § 1491(b); Standing; Interested Party; Price Analysis; Price Reasonableness; Contract Line Items; Unbalanced Pricing.

16-1576 • LIMCO AIREPAIR, INC. v. USA

Filed 02/15/2017
PUBLIC DECISION (Originally filed: 2/2/2017). Signed by Judge Lydia Kay Griggsby.

Keywords: re: Reported Order: Post-Award Bid Protest; Judgment upon the Administrative Record, RCFC 52.1; Price Realism Analysis; Ex Parte Communication.

12-85 • ADVANCED AEROSPACE TECHNOLOGIES, INC., v. USA

Filed 02/15/2017
REPORTED OPINION granting Motion to Amend Pleadings - Rule 15(b). Signed by Judge Susan G. Braden.

Keywords: re: Assignment of Claims Act, 31 U.S.C. § 3727 (a)(1)(2),(b); Rule of the United States Court of Federal Claims (RCFC) 15(a)(2) (Amendments Before Trial).

16-1071 • ACTIVE NETWORK, LLC v. USA

Filed 02/14/2017
REPORTED OPINION. Remand Report due by 3/8/2017. Signed by Judge Thomas C. Wheeler.

Keywords: re: Post-award Bid Protest; Price Realism Analysis; Disparate Treatment Claim; Past Performance Evaluation; Meaningful Discussions; Protestor's Burden to Show Prejudice; Remand. (ad).

16-589 • BOSTON EDISON COMPANY v. USA

Filed 02/14/2017
REPORTED OPINION granting Motion to Dismiss. Boston Edison's complaint in No. 16-589C is DISMISSED because its claim is not yet ripe. The complaint is dismissed without prejudice and with leave to refile when costs to mitigate DOE's breach of the Standard Contract are incurred on decommissioning activities at Pilgrim. The Clerk is directed to enter judgment in accord with this disposition. No costs. Signed by Judge Charles F. Lettow.

Keywords: re: Claims by buyer and seller of nuclear power plant for damages attributable to breach of a contract to dispose of spent nuclear fuel; unripe nature of seller's claim; dismissal of seller's claim without prejudice, subject to renewal when claim ripens. (MZ)

07-589 • KING et al v. USA

Filed 02/13/2017
REPORTED OPINION (originally filed under seal on 2/1/2017): granting Defendant's Motion for Summary Judgment and denying [154] Plaintiffs' Cross-Motion for Summary Judgment. Signed by Senior Judge Nancy B. Firestone.

Keywords: re: Reported Opinion; Back Pay Act; 5 U.S.C. § 5596; Class Action; FBI Police; 28 U.S.C. § 540C; Cross-Motions for Summary Judgment; RCFC 56.

15-1249 • ABOU-EL-SEOUD v. USA

Filed 02/13/2017
REPORTED OPINION granting Motion to Compel. Signed by Judge Susan G. Braden.

Keywords: re: Rule Of The United States Court Of Federal Claims (RCFC) 30(b)(4) (Notice Of Deposition By Remote Means).

13-834 • MARTIN et al v. USA

Filed 02/13/2017
REPORTED OPINION AND ORDER granting Motion for Partial Summary Judgment, denying [154] Motion for Summary Judgment. On or before March 17, 2017, plaintiffs shall submit a draft of their damages calculations to defendant. On or before March 31, 2017, the parties shall confer and discuss any disagreements as to the calculations. And, on or before April 7, 2017, the parties shall jointly file a statement with the court reporting the results of both the conference and the calculations.Signed by Chief Judge Patricia E. Campbell-Smith. (mp) Copy to parties. Modified on 2/14/2017 - corrected pdf (jt1).

Keywords: re: Order on Motion for Partial Summary Judgment, Motion for Summary Judgment. Cross-Motions for Summary Judgment; RCFC 56(a); Fair Labor Standards Act, 29 U.S.C. §§ 201-219 (2012); Award of Liquidated Damages for Violation of the Fair Labor Standards Act

16-649 • MODA HEALTH PLAN, INC. v. USA

Filed 02/09/2017
REPORTED OPINION denying Motion to Dismiss - Rule 12(b)(1) and (6); granting [9] Cross Motion for Partial Summary Judgment (Status Report due by 3/1/2017). Signed by Judge Thomas C. Wheeler.

Keywords: re: Patient Protection and Affordable Care Act § 1342; Risk Corridors; Presently-Due Money Damages; Ripeness; Chevron Deference; Appropriation Restriction Limiting Statutory Obligation; Judgment Fund; Implied-in-Fact Contract Created by Statute.

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