USCFC General Jurisdiction-Reported
U.S. Court of Federal Claims Opinions
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17-1875 • GLOBAL DYNAMICS, LLC v. USA
REPORTED OPINION of the court's February 27, 2018 opinion, ECF No. [61], which was issued under seal. The parties were invited to identify source selection, proprietary or confidential material subject to deletion on the basis that the material was protected/privileged, on or before 3/14/2018. On 3/13/2018, the parties notified the court that they had no proposed redactions to the court's opinion of February 27, 2018. See ECF No. [68]. 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: Order on Motion for Judgment on the Admin. Record, Order on Cross Motion [Dispositive], Sealed Opinion/Order, [69] Reported Opinion. Bid Protest; Sole-Source Bridge Contract; Challenge to GAO Decision; Doctrine of Laches. (TQ)
17-1982 • SKC, LLC v. USA
REPORTED OPINION AND ORDER reflecting no redactions from the opinion and order entered under seal on March 9, 2018. Signed by Judge Charles F. Lettow. (je) Modified on 3/14/2018 to edit docket text
Keywords: re: Reported Order: Protest of a sole-source procurement under SBA's Section 8(a) Program; 15 U.S.C. §§ 631-37, 644; 13 C.F.R. §§ 124.1 to 124.704; exception to full and open competition; absence of clear intent to award the contract as a competitive small business set aside; 13 C.F.R. § 124.504(a); new requirement; 13 C.F.R. § 124.504(e)(1)(ii)(c).
16-1691 • CITY OF WILMINGTON, DELAWARE v. USA
REPORTED ORDER denying Motion for Judgment on the Pleadings; denying [17] Motion for Judgment on the Pleadings; the parties shall file a joint proposed schedule for further proceedings by 3/23/2018. Signed by Judge Mary Ellen Coster Williams. (zp) Service on parties made.
Keywords: re: Order on Motion for Judgment on the Pleadings, Judgment on the Pleadings; Sovereign Immunity; Waiver; Exhaustion; Clean Water Act, 33 U.S.C. § 1323; Interest; Reported Order,
15-207 • COAST PROFESSIONAL, INC. v. USA
REPORTED OPINION and ORDER granting Motion to Dismiss - Rule 12(b)(1) and (6). Signed by Judge Thomas C. Wheeler. (ab) Service on parties made.
Keywords: re: Agencys Voluntary Corrective Action; RCFC 12(b)(1) and 12(b)(6) Motion to Dismiss; Mootness; Bid Preparation and Proposal Costs.
17-1843 • HESTER v. USA
REPORTED OPINION and ORDER: granting Motion to Dismiss - Rule 12(b)(1) and denying [16] Motion or disbursement of funds. The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler. (ar) Service on parties made.
Keywords: re: Rule l 2(b )(I) Motion to Dismiss for Lack of Subject MatterJurisdiction; Individually Named Defendants; Constitutional Claims;Motion to Disburse Social Security Benefits.
14-183 • IDEKER FARMS, INC., et al v. USA
REPORTED TRIAL OPINION: Granting plaintiffs' motion for leave to join additional parties (footnote 75); Granting [396] plaintiffs' motion to strike exhibit 1 to US' response to plaintiffs' post-trial brief (footnote 1). Originally filed under seal [422].Signed by Senior Judge Nancy B. Firestone. (dpk) Service on parties made. Modified on 3/20/2018 - corrected typographical error (jt1).
Keywords: re: Reported Opinion, Fifth Amendment Taking; MissouriRiver; Flooding; Liability; Causation; Foreseeability; and Severity.
17-1749 • ACI-SCC JV et al v. USA
REPORTED OPINION and ORDER dismissing case. The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler. (mg) Service on parties made.
Keywords: re: Dismissal With Prejudice; Motion to Intervene; Privity of Contract; Mootness; Army Corps of Engineers; ASBCA; Contract Disputes Act, 41 U.S.C. § 7104; Anti-Assignment Act, 41 U.S.C. § 6305; Trusteeship; Judicial Assignment of Rights; Federal Preemption.
15-986 • BRATCHER et al v. USA
REPORTED OPINION granting in part and denying in part Motion for Attorney Fees. Joint Status Report due by 3/23/2018. Signed by Judge Elaine D. Kaplan. (bl) Service on parties made.
Keywords: re: Order on Motion for Attorney Fees; Reported Opinion; Rails-to-Trails; Fifth Amendment Takings Clause; Uniform Relocation Assistance and Real Property Acquisition Policies Act; 42 U.S.C. § 4654; Attorney Fees; Fee Shifting; Forum Rate; Davis County Exception.
17-928 • MEISSNER et al v. USA
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1). The Clerk is directed to enter judgment. Signed by Judge Marian Blank Horn. (dls) Service on parties made. (Plaintiff served via certified mail; Article No. 7016 3010 0000 4308 4355)
Keywords: re: Tax; Motion to Dismiss; RCFC 12(b)(1).
15-371 • WAVERLEY VIEW INVESTORS, LLC v. USA
REPORTED OPINION The Clerk is directed to enter judgment. Signed by Chief Judge Susan G. Braden. (jf) Service on parties made. (Main Document 113 replaced on 3/8/2018 to correct typo in PDF)
Keywords: re: Declaration of Takings Act, 40 U.S.C. § 3116 (2012);Just Compensation.
14-841 • AMPERSAND CHOWCHILLA BIOMASS, LLC et al v. USA
REPORTED ORDER granting in part and denying in part Motion to Compel; on [231] MOTION to Compel Discovery filed by MERCED POWER, LLC, AMPERSAND CHOWCHILLA BIOMASS, LLC. Signed by Judge Mary Ellen Coster Williams. (zp) Service on parties made.
Keywords: re: Order on Motion to Compel, Motion to Compel; Expert Invoices; Privilege; In Camera Review; 26 U.S.C. § 6103(h)(2); 26 C.F.R. § 301.9000-3(a, Reported Order,
18-49 • GENERAL DYNAMICS MISSION SYSTEMS, INC. v. USA
REPORTED OPINION AND TEMPORARY RESTRAINING ORDER. Signed by Chief Judge Susan G. Braden. (bs) Service on parties made.
Keywords: re: Reported Opinion: Rule of the United States Court of Federal Claims 24(a)(2) (Intervention of Right); 65(b) (Temporary Restraining Order); 65(c) (Security Bond).
18-204 • FMS INVESTMENT CORP. v. USA
REPORTED OPINION granting Motion for Preliminary Injunction, and granting Motions for Preliminary Injunctions in Case Nos. 18-206C, 18-208C, and 18-246C. Signed by Judge Thomas C. Wheeler. (mg) Service on parties made.
Keywords: re: Post-Award Bid Protest; Department of Education Loan Collections; Motion for Preliminary Injunction; Likelihood of Success on the Merits; Irreparable Harm; Balance of Hardships; Public Interests; 28 U.S.C. § 1491(b); RCFC 65(d); Granting Injunctive Relief.
17-1329 • ERNST & YOUNG, LLP v. USA
REPORTED OPINION Status Report due by 5/24/2018. Signed by Chief Judge Susan G. Braden. (jf) Service on parties made.
13-1023 • MW BUILDERS, INC. v. USA
REPORTED OPINION denying Motion to Alter or Amend Judgment. Signed by Chief Judge Susan G. Braden. (bs) Service on parties made.
Keywords: re: Order on Motion to Alter Judgment, Reported Opinion: Rules Of The United States Court Of Federal Claims 52(b) (Amended Or Additional Findings), 59(a) (Grounds For New Trial Or Reconsideration; Further Action After Trial), 59(e) (Motion To Alter Or Amend Judgment); Tucker Act Jurisdiction, 28 U.S.C. § 1491 (2012).
17-9002 • IN RE DOWNSTREAM ADDICKS AND BARKER (TEXAS) FLOOD-CONTROL RESERVOIRS v. USA
REPORTED ORDER: Plaintiffs' Response to the Government's February 20, 2018 Motion To Dismiss due by 3/20/2018. Status Conference set for 4/13/2018 10:00 AM in Courtroom in Houston, Texas before Chief Judge Susan G. Braden. Signed by Chief Judge Susan G. Braden. (cn) Service on parties made.
13-719 • HATMAKER v. USA
REPORTED OPINION denying Motion to Supplement the Administrative Record; denying [75] Motion for Judgment on the Administrative Record; granting [85] Motion for Judgment on the Administrative Record. The Clerk is directed to ENTER final judgment for defendant DISMISSING plaintiff's complaint, WITH PREJUDICE. No costs. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made.
Keywords: re: Order on Motion to Supplement the Administrative Record, Order on Motion for Judgment on the Admin. Record; Reported Opinion. Military Disability Retirement Pay; Substantial Evidence Supports Boards Denial of Relief on Second Remand. (TQ)
15-1249 • ABOU-EL-SEOUD v. USA
MEMORANDUM OPINION AND ORDER denying Motion for Partial Summary Judgment; (Status Conference set for 3/5/2018 at 01:00 PM in Chambers (Telephonic) before Chief Judge Susan G. Braden, to discuss setting the case for trial). Signed by Chief Judge Susan G. Braden. (bs) Service on parties made.
Keywords: re: Memorandum Opinion And Order Denying Motion for Partial Summary Judgment: 5 C.F.R. §§ 551.101(c) (General); 551.104 (Definitions); 551.202 (General Principles); 551.206 (Administrative Exemption Criteria); 551.401(a) (Basic Principles); 551.402(a) (Agency Responsibility); Fair Labor Standards Act of 1938, 29 U.S.C. §§ 201-219 (2012); Portal-to-Portal Act of 1947, 29 U.S.C. § 255(a) (2012); Rules of the United States Court of Federal Claims 8(c) (Affirmative Defense); 30(b)(6) (Notice or Subpoena Directed to an Organization); 56(c) (Summary Judgment); Statute of Limitations, 28 U.S.C. § 2501 (2012).
17-1543 • HARMONIA HOLDINGS GROUP, LLC v. USA
REPORTED OPINION and ORDER reflecting redactions from the opinion and order entered under seal on February 22, 2018. Signed by Judge Charles F. Lettow.
Keywords: re: Post-award bid protest; procurement under the Federal Supply Schedule, governed by FAR Subpart 8.4; best value award.
17-835 • A SQUARED JOINT VENTURE v. USA
REPORTED OPINION.Signed by Senior Judge Nancy B. Firestone. (js) Service on parties made.
Keywords: re: Bid protest; FAR § 9.504(a)(1),(2); FAR § 9.504(e); Significant Potential Organizational Conflict of Interest; Unequal Access to Information; Hard Facts.
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