USCFC General Jurisdiction-Reported

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17-220 • KUWAIT PEARLS CATERING COMPANY, WLL v. USA

Filed 09/30/2019
REPORTED ORDER denying Motion to Dismiss - Rule 12(b)(1) and (6); Telephonic status conference set for 10/22/2019 at 2:00 PM E.D.T. Signed by Senior Judge Mary Ellen Coster Williams. (ag) Service on parties made.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1) and (6): Rule 12(b)(1); Motion to Dismiss; Fifth Amendment Taking; Standing; Substantial Connections of Foreign Plaintiff to United States; 28 U.S.C. § 1502; United States-Iraq Status of Forces Agreement.

19-1205 • PAE-PARSONS GLOBAL LOGISTICS SERVICES, LLC v. USA

Filed 09/30/2019
PUBLIC OPINION denying MOTION to Dismiss pursuant to Rules 12 (b)(1) and (6). Signed by Senior Judge Loren A. Smith. (kn) Service on parties made.

Keywords: re: Motion to Dismiss; RCFC 12(b)(1); RCFC 12(b)(6); Federal Acquisition Streamlining Act of 1994; Standing; Jurisdiction; Interested Party; Indefinite-Delivery Indefinite-Quantity Contract; Task Order.

15-488 • TECHNICAL COLLEGE OF THE LOW COUNTRY v. USA

Filed 09/30/2019
REPORTED OPINION re: liability and just compensation. Joint status report due 10/15/2019. Signed by Chief Judge Margaret M. Sweeney. (pp) Service on parties made.

Keywords: Rails-to-Trails; Trial; Liability; Valid Property Interest; Standing; Waiver; Scope of Easement; Just Compensation; Larger Parcel Determination; Contiguity; Highest and Best Use; Unit Rule; Deed Restriction; Access; Comparable Sales; Adjustments; Delay Damages; Attorney Fees and Costs.

19-55 • ANHAM FZCO et al v. USA

Filed 09/30/2019
REPORTED OPINION on the court's **sealed** opinion issued on 9/13/2019, see [190], denying Motion for Contempt; denying [185] Motion for TRO, as moot. No redactions were proposed by the parties. Thus, the sealed and public versions of this opinion are identical, except for the publication date and this footnote. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made.

Keywords: re: Reported Opinion. Motion for Contempt. (TQ)

19-931 • VETERANS4YOU, INC. v. USA

Filed 09/27/2019
REPORTED MEMORANDUM OPINION AND ORDER denying Veterans4You's motion for judgment upon the administrative record; granting the government's cross-motion for judgment upon the administrative record; denying Veterans4You's motion for a preliminary injunction; and dismissing the complaint. Signed by Judge Lydia Kay Griggsby. (jw) Service on parties made.

Keywords: Pre-Award Bid Protest; Judgment Upon The Administrative Record; RCFC 52.1; 2006 Veterans Benefits Act; 38 U.S.C. §§ 8127, 8128; GPO; Printing Mandate; 44 U.S.C. § 501 et. seq.; Injunctive Relief; RCFC 65, re: Reported Memorandum Opinion and Order.

15-501 • 3RD EYE SURVEILLANCE, LLC v. USA

Filed 09/26/2019
REPORTED OPINION granting Motion for Leave to File Third Amended Complaint. Third Amended Complaint due by 10/11/2019. Signed by Senior Judge Charles F. Lettow.

Keywords: re: Patent infringement action; proposed amendment of complaint; lack of prejudice; complexity; fair notice; timeliness

17-739 • KANE COUNTY, UTAH v. USA

Filed 09/25/2019
REPORTED OPINION granting Motion for Attorney Fees and Non-Taxable Expenses. The Clerk is directed to enter judgment. Signed by Judge Elaine D. Kaplan. (feb) Service on parties made.

Keywords re Opinion and Order on Motion for Attorney Fees & Non-Taxable Expenses: Attorney Fees; Lodestar Cross-Check; Class Action; Common Fund Doctrine

17-445 • BULLOCK v. USA

Filed 09/25/2019
REPORTED OPINION denying Motion for Summary Judgment; granting [76] Cross Motion. The judgment entered on January 17, 2018 (ECF No. 22) is vacated. The Clerk is directed to enter judgment. Signed by Senior Judge Nancy B. Firestone. (lb) Service on parties made.

Keywords: re: Order on Motion for Summary Judgment, Order on Cross Motion, Reported Opinion, RCFC 56, Breach of Contract, Oral EEO Settlement Agreement, Regulations Requiring Written Settlement Agreements.

18-1395 • FOX LOGISTICS AND CONSTRUCTION COMPANY v. USA

Filed 09/25/2019
REPORTED ORDER staying consideration of Motion to Dismiss - Rule 12(b)(1); denying as moot [31] Motion to Strike. Joint Status Report due by 10/11/2019. Signed by Judge Thomas C. Wheeler. (nc) Service on parties made.

Keywords: Third-Party Beneficiary; Implied-In-Fact Contract; Duty of Good Faith and Fair Dealing; Privity of Contract; Tucker Act; 28 U.S.C. § 1491; Subject-Matter Jurisdiction; RCFC 12(b)(1). Re: Order on Motion to Strike, Order on Motion to Dismiss - Rule 12(b)(1), Reported Order

19-839 • NETCENTRICS CORPORATION v. USA

Filed 09/24/2019
REPORTED OPINION AND ORDER denying Plaintiff's MJAR; granting [35] Defendant's Cross-Motion. Signed by Judge Elaine D. Kaplan. (arlr) Service on parties made.

Keywords re Reported Opinion: material misrepresentation, key personnel, final proposal revisions, corrective action, award rescission.

16-783 • BRUHN NEWTECH, INC. v. USA

Filed 09/24/2019
REPORTED OPINION. Signed by Senior Judge Marian Blank Horn. (jm5) Service on parties made.

Liability Trial; Contract Disputes Act; Breach of Contract; Copyright Infringement. Keywords: re: Reported Opinion

16-840 • BITMANAGEMENT SOFTWARE GMBH v. USA

Filed 09/24/2019
REPORTED ORDER Reissued Final Opinion. Signed by Senior Judge Edward J. Damich. (co) Service on parties made.

Keywords: re: Reported Order Copyright Infringement; Reproduction Rights; Distribution Rights; Authorization; Permission; Software; Licenses; 17 U.S.C. § 106; 28 U.S.C. § 1498(b); 17 U.S.C. § 501(a).

11-492 • MERIDIAN ENGINEERING COMPANY v. USA

Filed 09/23/2019
REPORTED OPINION. The Clerk is directed to enter judgment. Signed by Senior Judge Charles F. Lettow.

Keywords: re: Post-remand decision on claims arising out of a contract for construction of a flood control project; accord and satisfaction; proper subject matter; inapplicability of releases to preclude relief; damages.

19-1241 • BAPTICHON v. USA

Filed 09/23/2019
Re-docketed for publication. REPORTED OPINION and Order granting [2]Motion for Leave to Proceed in forma pauperis and DISMISSING WITHOUT PREJUDICE Mr. Baptichon's complaint for lack of subject-matter jurisdiction. The Clerk is directed to enter judgment. Signed by Chief Judge Margaret M. Sweeney. (sh) Service on parties made.(Plaintiff was served by certified mail: article number 7018 2290 0000 5183 8112). Signed by Chief Judge Margaret M. Sweeney. (sh) Service on parties made.

Keywords: re: Unreported Opinion and Order: Pro Se Plaintiff; Sua Sponte Dismissal; Medal for Merit; 10 U.S.C. §1122; Subject-Matter Jurisdiction; Money-Mandating Source of Law; Frivolous Claims; Statute of Limitations; 28 U.S.C. §2501; Failure to State a Claim; Informa Pauperis.

18-1965 • MCCUTCHEN et al v. USA

Filed 09/23/2019
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(6). The Clerk is directed to enter judgment. Signed by Judge Elaine D. Kaplan. (feb) Service on parties made. (Main Document 22 replaced on 9/24/2019)

Keywords re Opinion and Order Granting Motion to Dismiss: Bump Stocks; Fifth Amendment; Categorical Takings; Regulatory Takings; Police Power

18-1671 • HARMONIA HOLDINGS GROUP, LLC v. USA

Filed 09/23/2019
REPORTED OPINION. Signed by Judge Patricia E. Campbell-Smith. (jb2) Service on parties made.

Keywords: re: Reported Opinion. Post-Award Bid Protest; Remand for Organizational Conflict of Interest (OCI) Investigation; Agency Findings Regarding Alleged OCIs Not Irrational; Agency Evaluation of Proposals Not Arbitrary.

15-371 • WAVERLEY VIEW INVESTORS, LLC v. USA

Filed 09/20/2019
REPORTED OPINION on MOTION for Leave to File Exhibit to Motion for Recovery of Attorneys' Fees Under Seal filed by WAVERLEY VIEW INVESTORS, LLC granting [124] Motion for Leave to File. Signed by Senior Judge Charles F. Lettow.

Keywords: re: Order on Motion for Leave to File, Reported Opinion: Dispute over disclosure of compilation of billing rates; entitlement to confidentiality and protection under RCFC 26(c)(1)(G).

19-55 • ANHAM FZCO et al v. USA

Filed 09/20/2019
REPORTED OPINION of the court's sealed opinion issued on 8/29/2019 denying as moot, [148] Motion for TRO filed by ANHAM FZCO; denying as moot, [149] MOTION for Preliminary Injunction filed by ANHAM FZCO; granting in part and denying in part, [153] MOTION for Judgment on the AR filed by ANHAM FZCO; granting in part and denying in part, [155] CROSS MOTION filed by USA; granting in part and denying in part, [156] CROSS MOTION; denied as moot, [163] MOTION to Strike filed by USA; and, denying as moot, [164] MOTION to Supplement filed by USA. The United States, by and through the Defense Logistics Agency, its officers, agents, and employees, is hereby PERMANENTLY RESTRAINED AND ENJOINED from continuing with transition activities and from obtaining performance from KGL Food Services, WLL, under Contract Number SPE300-18-D-4032, except to the extent that such activities are required under a bridge contract or other solution designed to ensure the continuous availability of the supplies or services provided for under the contract. On or before 9/18/2019, counsel for the parties shall CONFER and FILE a notice of filing, attaching a proposed redacted version of this opinion, with any material deemed proprietary blacked out, so that a copy of the opinion can then be made available in the public record of this matter. The clerk's office is directed to enter final judgment in plaintiff's favor. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made.

Keywords: re: Reported Opinion; Post-Award Bid Protest; Scope of Corrective Action; Waiver of Claims; Abuse of Discretion; Best Value Determination; Responsibility Determination; 48 C.F.R. § 9.103 (2018); 48 C.F.R. § 9.104-1 (2018); Permanent Injunctive Relief. (TQ)

19-766 • BERNSTEIN v. USA

Filed 09/20/2019
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1) The Clerk is directed to enter judgment. Signed by Chief Judge Margaret M. Sweeney. (vds) Service on parties made. U.S. Certified Mail Receipt Tracking# 7018 1830 0001 4963 6564

Keywords: Pro Se Plaintiff; RCFC l 2(b )( 1 );Subject-Matter Jurisdiction;Judicial Review; Collateral Attack of District Court Decisions; DeclaratoryJudgment; Statute of Limitations; Attorney Disbarment

19-376 • NUSSBAUM v. USA

Filed 09/20/2019
REPORTED OPINION Granting in part and Denying in part Motion to Dismiss - Rule 12(b)(1). Mr. Nussbaum's complaint is dismissed, but for failure to state a claim upon which relief can be granted and not for a lack of subject-matter jurisdiction. The Clerk is directed to enter judgment. Signed by Senior Judge Charles F. Lettow. (vds) Service on parties made.

Keywords: Contract dispute subject to the Contract Disputes Act, 41 U.S.C. §§ 7101-7109; timeliness; equitable tolling.

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