USCFC General Jurisdiction-Reported
U.S. Court of Federal Claims Opinions
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99-2051 • ATHEY et al v. USA
REPORTED Opinion and Order on Plaintiffs' MOTION for Settlement granting [285] Motion for Settlement. The Clerk is directed to enter final judgment on this opinion and on the opinions issued in this matter on 8/23/2007 (ECF NREPORTED Opinion and Order on [285] Plaintiffs' MOTION for Settlement granting [285] Motion for Settlement. The Clerk is directed to enter final judgment on this opinion and on the opinions issued in this matter on 8/23/2007 (ECF No. [42]); 4/28/2014 (ECF No. [212]); and 8/31/2015(ECF No. [242]). Signed by Judge Patricia E. Campbell-Smith. (TQ) Copy to parties. Modified on 6/28/2017 - edit docket text(jt1).o. [42]); 4/28/2014 (ECF No. [212]); and 8/31/2015(ECF No. [242]). Signed by Judge Patricia E. Campbell-Smith. (TQ) Copy to parties. Modified on 6/28/2017 - edit docket text(jt1).
Keywords: re: Order on Motion for Settlement, Reported Opinion, Reported Order. Approval of Settlement Agreement; RCFC 23(e); Class Action; Lump-Sum Payment; 5 U.S.C. §§ 5551-5552 (2012); Separation from Service; Back Pay Act; 5 U.S.C. § 5596 (2012). (TQ)
12-142 • QUIMBA SOFTWARE, INC v. USA
REPORTED OPINION granting Motion for Summary Judgment; denying [88] Cross-Motion for Summary Judgment; denying [105] Motion to Strike. The Clerk is directed to enter judgment. Signed by Senior Judge Loren A. Smith.
Keywords: re: Deferred Compensation; FAR 31.205-6; Allowability; Motion for Summary Judgment.
15-1263 • CLAUDE MAYO CONSTRUCTION COMPANY, INC. v. USA
REPORTED OPINION denying Motion to Dismiss - Rule 12(b)(6). Signed by Judge Elaine D. Kaplan.
Keywords: re: RCFC 12(b)(6); Motion to Dismiss; Failure to State a Claim; Improper Termination for Default; Breach of Contract.
15-421 • BEHRENS et al v. USA
REPORTED OPINION and ORDER denying Motion for Summary Judgment; granting [36] Cross Motion. The parties are directed to confer regarding the effect of the legal conclusions in this opinion and to file a JOINT STIPULATION as to the claims that remain viable in this case. As part of the stipulations, the parties shall identify for the court the number and nature of the conveyances involved in each claim. The parties shall file the joint stipulations on or before 7/28/2017. Also on or before 7/28/2017, the parties shall file a JOINT PROPOSED SCHEDULING ORDER to govern future proceedings in this case. That schedule shall specifically account for submissions from the parties addressing the effect of the Caquelin federal circuit decision (Case No. 16-1663) on the issues in this case. Signed by Judge Patricia E. Campbell-Smith.
Keywords: re: Order on Motion for Summary Judgment, Order on Cross Motion [Dispositive], Reported Opinion and Order. Motion for Summary Judgment; RCFC56; Rails-to-Trails; Trails Act; Fifth Amendment Takings; Railbanking. (TQ)
16-391 • REYES COLON v. USA
REPORTED OPINION and ORDER granting Motion for Summary Judgment; denying [15] Motion for Summary Judgment The Clerk is directed to enter judgment. Signed by Judge Charles F. Lettow. [USPS Certified Mail Tracking # 7017 1450 0000 1346 0188]
Keywords: Claim for overseas living quarters allowance; application of the Overseas Differentials and Allowances Act, 5 U.S.C. § 5923(a)(2), and the Department of State Standardized Regulations, DSSR § 031.12; jurisdiction; eligibility
14-941 • HERRMANN et al v. USA
REPORTED ORDER reflecting no redactions from the opinion and order previously entered under seal on June 12, 2017. Signed by Judge Charles F. Lettow.
Keywords: re: Reported Order: Post-trial decision in a tax refund case; timing of receipt of income; formulaic bonus paid to an American member of an English limited liability partnership in her capacity other than as a member; I.R.C. § 707(a)(2)(A). (EK)
16-1264 • NICELY v. USA
REPORTED MEMORANDUM OPINION AND ORDER granting Motion for Remand filed by USA. Joint Status Report due by 7/14/2017. Notice of Compliance due by 12/15/2017. Signed by Judge Lydia Kay Griggsby.
Keywords: Remand, Rule 52.2, re: Order on Motion for Remand, Reported Memorandum Opinion and Order.
09-367 • FURLONG et al v. USA
REPORTED OPINION approving settlement agreement. The clerk is directed to enter judgment. Signed by Judge Margaret M. Sweeney. (Attachments: #(1) Attachment)
Keywords re: Reported Opinion -- Rails-to-Trails; Class Action; RCFC 23(e); Final Approval of Settlement Agreement.
16-227 • MORPHOTRUST USA, LLC et al v. USA
REPORTED ORDER granting Motion to Strike and denying [35] Cross-Motion Seeking Leave to Amend Invalidity Contentions. Signed by Senior Judge Eric G. Bruggink. (jpk1) Copy to parties.
Keywords: re: Order on Motion to Strike, Reported Order: Patent infringement; Invaliditydisclosures; Indefiniteness;Timeliness; Scheduling order.
17-449 • CONTINENTAL SERVICE GROUP, INC. v. USA
REPORTED ORDER denying Motion to Dismiss. Signed by Chief Judge Susan G. Braden.
Keywords: re: Mootness; RCFC 12(b)(1) (Lack of Subject Matter Jurisdiction); RCFC 41(a)(2)(A)(ii)(Voluntary Dismissal By The Plaintiff).
13-1023 • MW BUILDERS, INC. v. USA
REPORTED ORDER granting Motion for Leave to File ; granting [118] Motion for Leave to File. Signed by Chief Judge Susan G. Braden.
Keywords: re: Evidence; Trial Record.
05-505 • HABENICHT et al v. USA
REPORTED OPINION denying Plaintiffs' Motion for Summary Judgment; granting [28] Defendant's Cross-Motion. The Clerk is directed to enter judgment. No costs. Signed by Senior Judge Eric G. Bruggink. (WT) Copy to parties. Modified on 6/16/2017 - typographical correction to PDF (jt1).
Keywords: re: Reported Opinion: Income tax refund; Assessment period; Correcting assessment to reflect intent of the parties. (WT)
17-363 • FARMER et al v. USA
REPORTED ORDER granting Motion to Stay. The clerk's office is directed to stay this matter until further order of the court. The parties are directed to file a joint status report within 14 days of the Federal Circuit's issuance of an opinion in Land of Lincoln Mutual Health Ins. Co. v. U.S. (17-1224) and Moda Health Plan, Inc. v. U.S. (17-1994). Signed by Judge Patricia E. Campbell-Smith.
Keywords: re: Order on Motion to Stay, Reported Order. Stay Proceedings; Pending Resolution of Related Appeal. (TQ)
14-167 • GEORGIA POWER COMPANY v. USA
REPORTED OPINION granting Motion for Partial Summary Judgment. The Clerk is directed to enter judgment dismissing plaintiffs' claim to recover NRC fees. Signed by Judge Patricia E. Campbell-Smith.
Keywords: re: Order on Motion for Partial Summary Judgment, Reported Opinion. Motion for summary judgment; Nuclear Regulatory Commission Fees; Collateral Estoppel. (TQ)
14-168 • ALABAMA POWER COMPANY et al v. USA
REPORTED OPINION granting Motion for Partial Summary Judgment. The Clerk is directed to enter judgment dismissing plaintiffs' claim to recover NRC fees. Signed by Judge Patricia E. Campbell-Smith.
Keywords: re: Order on Motion for Partial Summary Judgment, Reported Opinion. Motion for summary judgment; Nuclear Regulatory Commission Fees; Collateral Estoppel. (TQ)
16-1425 • HOUSTON v. USA
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1); finding as moot [11] Motion for TRO; finding as moot [11] Motion for Preliminary Injunction; finding as moot [12] Motion ; finding as moot [17] Motion to Appoint Counsel. The case is dismissed and the Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler.
Keywords: Rental Housing Program for Homeless Veterans; Failure to Allege Contract with the United States or Existence of Money-Mandating Statute; Lack of Subject Matter Jurisdiction; Failure to State a Claim.
16-760 • CROW CREEK SIOUX TRIBE v. USA
REPORTED OPINION--Filed this date. The Clerk is directed to enter judgment. Signed by Senior Judge Robert H. Hodges, Jr.
Keywords: re: Opinion: Native American; Crow Creek Sioux Tribe; Motion to Dismiss; Lack of Jurisdiction; Winters v. United States; Breach of Fiduciary Duty; Fifth Amendment Taking.
17-603 • IRON BOW TECHNOLOGIES, LLC v. USA
REPORTED ORDER denying Motion for TRO; denying [5] Motion for Preliminary Injunction. Proposed schedule due by 6/5/2017. Signed by Senior Judge Nancy B. Firestone. (ay) Copy to parties. Modified on 6/23/2017 - minor typographical change to PDF (jt1).
Keywords: re: Reported Order; Post-Award Bid Protest; Temporary Restraining Order; Preliminary Injunction; Technical Evaluation; Price Evaluation; Likelihood of Success on the Merits; Irreparable Harm; Balance of Hardships; Public Interest.
17-277 • CLEVELAND ASSETS, LLC v. USA
REPORTED OPINION - Redacted Opinion and Order denying Motion for Judgment on the Administrative Record; denying [25] Motion to Supplement the Administrative Record; granting [27] Cross Motion. Signed by Judge Elaine D. Kaplan.
Keywords: re: Bid Protest; Tucker Act; 28 U.S.C. § 1491(b); General Services Administration; Request for Lease Proposal; Restrictive Pricing; Prospectus; 40 U.S.C. § 3307; Prudential Standing; Zone of Interests.
15-1583 • ALFORD v. USA
REPORTED OPINION and ORDER granting Motion to Remand; denying, as moot, [35] Motion for Judgment on the Administrative Record; staying the case pending the results of the remand; and directing defendant to file a status report every 90 days during the pendency of the remand, regarding the progress of proceedings before the Board. Signed by Judge Charles F. Lettow. (dls) Copy to parties. (Plaintiff served via certified mail; Article No. 7016 3010 0000 4308 2818)
Keywords: re: Claim for military disability benefits; review of a decision by the Board for Correction of Naval Records; potential applicability of statutory requirement for an opinion by a clinical psychologist or psychiatrist; 10 U.S.C. § 1552(g); grant of voluntary remand.
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