USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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18-204 • FMS INVESTMENT CORP. v. USA

Filed 05/29/2018
REPORTED OPINION: granting Motion to Dismiss - Rule 12(b)(1); denying [214], [215], [221], [223], [226], [227], [228], [230], [233], [235], [236], [246], Motions to Supplement Pleadings - Rule 15(d); finding as moot [140] Motion to Dismiss - Rule 12(b)(6); and LIFTING [106], Preliminary Injunction. Signed by Judge Thomas C. Wheeler. (mg) Service on parties made.

Keywords: re: Post-Award Bid Protest; Department of Education Loan Collections; Motion to Dismiss; RCFC 12(b)(1); Motion for Leave to File Supplemental Pleadings; RCFC 15(d); Mootness; Cancellation of Solicitation.

17-1163 • ROLLE v. USA

Filed 05/24/2018
REPORTED MEMORANDUM OPINION and FINAL ORDER: denying Motion to Alter or Amend Judgment; denying [17] Motion for Production of Documents; denying [18] Motion to Appoint Counsel; denying [20] Motion for Appointment of Counsel. Signed by Chief Judge Susan G. Braden. (ar) Service on parties made. [DOCUMENT REDOCKETED FOR ADMINISTRATIVE PURPOSES ONLY]

Keywords: re: Unreported Memorandum Opinion and Final Order: Rules of the United States Court of Federal Claims 15(a)(2) (Amendments Before Trial); 59 (Motion for Reconsideration). (rp)Keywords: re: [22] Rules of the United States Court of Federal Claims 15(a)(2) (Amendments before Trial); 59 (Motion for Reconsideration). (dls)Keywords: re: [23] Rules of the United States Court ofFederal Claims 15(a)(2)(Amendments Before Trial); 59(Motion For Reconsideration).

17-9001 • IN RE UPSTREAM ADDICKS AND BARKER (TEXAS) FLOOD-CONTROL RESERVOIRS v. USA

Filed 05/24/2018
REPORTED OPINION and ORDER deferring ruling on Motion to Dismiss until trial. Signed by Judge Charles F. Lettow.

Keywords: re: "Upstream" Addicks and Barker Dam flooding cases; motion to dismiss; statute of limitations; 28 U.S.C. § 2501; accrual of claims; action versus inaction; property interests under Texas law; background principles of property law; the tort-takings distinction

17-1970 • CBE GROUP, INC. v. USA

Filed 05/22/2018
REPORTED OPINION AND ORDER granting Motion to Dismiss - Rule 12(b)(1); denying as moot [19] Motion to Amend Pleadings - Rule 15(b); The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler. (ab) Service on parties made.

Keywords: re: Bid Protest; Challenge to Legality of Award Following Corrective Action; Rule 12(b)(1) Motion to Dismiss; 28 U.S.C. § 1491(b)(1); Standing; Blue & Gold Fleet; Timeliness and Waiver.

10-757 • GADSDEN INDUSTRIAL PARK, LLC v. USA

Filed 05/18/2018
REPORTED OPINION The Clerk is directed to enter judgment for plaintiff. Signed by Senior Judge Eric G. Bruggink. (wr) Service on parties made.

Keywords: re: Reported Opinion: Takings Clause; inverse condemnation; U.S. Const. amend. V; cognizable property interest; just compensation.

11-268 • SECURITYPOINT HOLDINGS, INC. v. USA

Filed 05/18/2018
REPORTED ORDER denying Motion to Dismiss - Rule 12(b)(1). Signed by Senior Judge Eric G. Bruggink. (jpk1) Service on parties made.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1), Reported Order: Patents; Standing; Ownership; Assignment; Motion to Dismiss; Collateral Estoppel; Judicial Estoppel.

16-1633 • BANKS v. USA

Filed 05/17/2018
REPORTED OPINION granting in part and denying in part Motion for Partial Summary Judgment; granting in part and denying in part [29] Cross Motion; ( Status Report due by 6/8/2018). Signed by Senior Judge Eric G. Bruggink. (jpk1) Service on parties made.

Keywords: re: Order on Motion for Partial Summary Judgment,, Order on Cross Motion [Dispositive],, Reported Order: Fifth Amendment Taking; Rails-To -Trails; Right-of-Way Easement; Notice of Interim Trail Use; Consent to Do Harm; Fee Estate; State Law Reversionary Interest.

13-324 • CAMPBELL et al v. USA

Filed 05/17/2018
REPORTED OPINION granting in part and denying in part Motion for Attorney Fees; granting in part and denying in part [97] Motion for Bill of Costs; granting in part and denying in part [131] Motion for Bill of Costs. Status Report due by 6/8/2018.. Signed by Senior Judge Eric G. Bruggink. (wr) Service on parties made.

Keywords: re: Opinion on Motion for Attorney Fees: Attorney fees; motion for attorney fees and costs; 42U.S.C. § 4654(c) (2012);reasonable hours; unsuccessful plaintiffs; reasonable rate; historic rate; Davis County exception.

17-1752 • SENTER, LLC v. USA

Filed 05/16/2018
REPORTED OPINION. Signed by Judge Elaine D. Kaplan. (bl) Service on parties made.

Keywords: re: Reported Opinion; Post-Award Bid Protest; Small Business Administration; Unpopulated Joint Venture; 13 C.F.R. § 121.103(h).

14-253 • BLACKHAWK-JAMCO v. USA

Filed 05/10/2018
REPORTED ORDER: Motion to Substitute due by 7/9/2018. Signed by Senior Judge Loren A. Smith. (mr) Service on parties made.

16-775 • TETRA TECH, INC. v. USA

Filed 05/09/2018
REPORTED OPINION (Reissuance of March 15, 2017 opinion). Signed by Senior Judge Eric G. Bruggink. (wr) Service on parties made.

Keywords: re: Reported Opinion: Post-Award Bid Protest; Technical Evaluation; Unstated Criteria.

18-465 • INTELLIGENT WAVES LLC v. USA

Filed 05/09/2018
REISSUED OPINION--Filed this date. Signed by Senior Judge Robert H. Hodges, Jr. (vk)(Entered: 05/09/2018).

(Court only) Keywords: re: Reported Order Injunctive Relief; Department of Veteran Affairs; Competition in Contracting Act; CICA Stay; Bid Protest; Declaratory Judgment (vk)(Entered: 05/09/2018).

16-1489 • VETERANS TECHNOLOGY LLC et al v. USA

Filed 05/09/2018
REPORTED MEMORANDUM OPINION AND FINAL ORDER ON REMAND. Signed by Chief Judge Susan G. Braden. (cn) Service on parties made.

Keywords: re: 5 U.S.C. § 706 (Administrative Procedure Act, Scope of Judicial Review);15 U.S.C. §§ 631, 633 (Small Business Act);28 U.S.C. § 1491 (Bid Protest Jurisdiction);13 C.F.R. §§ 121.101 (What Are SBA Size Standards?); 121.102 (How Does Small Business Administration (SBA) Establish Size Standards); 121.103 (How Does SBA Determine Affiliation); 121.104 (How Does The SBA Calculate Annual Receipts?); 121.1001 (Who May Initiate A Size Protest Or Request A Formal Size Determination?); 121.1002 (Who Makes A Formal Size Determination?); 121.1003 (Where Should A Size Protest Be Filed?); 121.1009 (What Are The Procedures For Making The Size Determination?); 121.1101 (Are Formal Size Determinations Subject To Appeal?); 134.223 (Evidence); 134.314 (Standard Of Review And Burden Of Proof); 134.316 (The Record);48 C.F.R. §§ 1.602 (Contracting Officers); 15.305 (Proposal Evaluation); 43.102 (Policy); 52.249-6 (Termination); andRule of the United States Court of FederalClaims (RCFC) 24 (Intervention); 52.1 (Motion for Judgment on the Administrative Record).

18-200 • NATIONAL GOVERNMENT SERVICES, INC v. USA

Filed 05/08/2018
REPORTED OPINION. Redacted version of Opinion and Order. Signed by Judge Margaret M. Sweeney. (pp) Service on parties made.

Keywords re: Reported Opinion -- Pre-Award Bid Protest; Section 1874A of the Social Security Act; Medicare Modernization Act; 42 U.S.C. § 1395kk-1; Standing; Full and Open Competition; Statutory Authority to Implement Policy Providing for Other Than Full and Open Competition; Competitive Procurement; Permanent Injunction.

18-433 • ACETRIS HEALTH, LLC v. USA

Filed 05/08/2018
REPORTED OPINION denying Motion to Dismiss - Rule 12(b)(1) and (6). Signed by Judge Margaret M. Sweeney. Telephonic status conference set for 5/10/2018 at 11:00 a.m. (kb1)

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1) and (6), Reported Opinion -- Preaward Bid Protest; Motion to Dismiss; Contract to Provide Entecavir Tablets; Procuring Agency Interpretation of Solicitation's Trade Agreements Clause; Country-of-Origin Determination by Customs and Border Protection; Exclusive Jurisdiction of the United States Court of International Trade; 28 U.S.C. § 1500; Ripeness; Failure to State a Claim Upon Which Relief Can Be Granted

12-889 • SEARS et al v. USA

Filed 05/08/2018
REPORTED OPINION and ORDER granting plaintiffs' motion for approval of settlement. The Clerk is directed to enter judgment in the total amount of $3,455,216.13, consisting of $2,237,169.00 in principal and $443,514.16 in interest through December 31, 2017 for prevailing class members, and $541,722.00 in attorneys' fees and $232,810.97 in litigation costs awarded to class counsel pursuant to the Uniform Relocation Act. Interest shall accrue on the total amount of this judgment at the rate of 3.39% from January 1, 2018 through the date of payment by the Department of the Treasury. The judgment is payable to class counsel for distribution to the class according to the terms of this opinion and order and the Settlement Agreement. The claims of those class members listed in Exhibit B, admitted at the Fairness Hearing, are dismissed. This opinion and order shall not affect the claims of the members of the trial subclass. Signed by Judge Charles F. Lettow.

Keywords: re: Reported Opinion and Order: Rails-to-trails takings case; class action; settlement; fairness hearing; RCFC 23(e).

17-2033 • KEMPER

Filed 05/04/2018
OPINION granting Motion to Dismiss as the complaint is frivolous. The Clerk is directed to enter judgment. Signed by Senior Judge Marian Blank Horn. (lld) Service on parties made. (Plaintiff served via certified mail; Article No. 7017 1450 0000 1346 4834) Modified on 5/8/2018 to add tracking information.

18-512 • TECHNIK INC. v. USA

Filed 05/04/2018
REPORTED OPINION. Signed by Senior Judge Nancy B. Firestone. (dpk) Service on parties made.

Keywords: re: Reported Opinion: Post-Award bid protest; Challenge to technical rating; Responsibility of offeror to provide adequately written proposal; No requirement for best-value tradeoff where highest-rated is lowest priced.

18-556 • MANAGEMENT & TRAINING CORPORATION v. USA

Filed 05/03/2018
REPORTED OPINION. Public version of the court's opinion issued under seal on 4/30/2018, ECF No. [23]. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made.

Keywords: re: Reported Opinion. Bid Protest; Motion to Dismiss for Lack of Standing, RCFC 12(b)(1). (TQ)

17-1933 • SUPPLYCORE INC. v. USA

Filed 05/01/2018
REPORTED OPINION Signed by Senior Judge Nancy B. Firestone. (js) Service on parties made.

Keywords: re: Reported Opinion: Post-Award Bid Protest; NAICS code selection; FAR § 19.303(a)(2); 13 C.F.R. § 121.402(b); FAR § 19.102(d).

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