USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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17-363 • FARMER et al v. USA

Filed 06/07/2017
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

Filed 06/05/2017
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

Filed 06/05/2017
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

Filed 06/02/2017
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

Filed 06/01/2017
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

Filed 06/01/2017
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

Filed 06/01/2017
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

Filed 06/01/2017
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.

16-1265 • L-3 COMMUNICATIONS INTEGRATED SYSTEMS L.P. v. USA

Filed 05/31/2017
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1). The Clerk is directed to enter judgment. Signed by Judge Elaine D. Kaplan.

Keywords: re: Undefinitized Contractual Action; Tucker Act; Contract Disputes Act; Claim; Contracting Officer; Sum Certain; Certification; Subject Matter Jurisdiction.

17-449 • CONTINENTAL SERVICE GROUP, INC. v. USA

Filed 05/31/2017
REPORTED ORDER. Signed by Chief Judge Susan G. Braden.

Keywords: re: Preliminary Injunction, RCFC 65(d).

16-845 • WALSH CONSTRUCTION COMPANY et al

Filed 05/31/2017
REPORTED ORDER denying Motion to Dismiss - Rule 12(b)(1). This case is stayed until August 31, 2017, to provided Plaintiffs an opportunity to present their claim for a breach of the duty of good faith and fair dealing to a United States Army Corps of Engineers Contracting Officer for a final decision.. Signed by Chief Judge Susan G. Braden.

Keywords: re: Contract Disputes Act(CDA), 41 U.S.C. §§ 7101 - 7109; Federal Acquisition Regulation (FAR), 48 C.F.R. §§ 52.223-1, 52.243-5; Rules Of the United States Court of Federal Claims (RCFC) 12(b)(1), 15(a)(2); Tucker Act Jurisdiction, 28 U.S.C. § 1491.

16-1365 • FAVOR TECHCONSULTING, LLC v. USA

Filed 05/31/2017
REPORTED OPINION granting Motion for Attorney Fees The Clerk is directed to enter judgment. Signed by Chief Judge Susan G. Braden.

Keywords: re: Competition In Contracting Act (CICA), 31 U.S.C. § 3553 (d)(3)(A) (Automatic Stay), (d)(3)(C) (Stay Override), (d)(4)(A) (Filing Period For Automatic Stay); Equal Access To Justice Act (EAJA), 28 U.S.C. § 2412.

14-458 • FORD MOTOR COMPANY v. USA

Filed 05/30/2017
REPORTED OPINION denying Plaintiff's Motion for Summary Judgment; granting [38] Defendant's Cross-Motion for Summary Judgment. The Clerk is directed to enter judgment in accord with this disposition. No costs. Signed by Judge Charles F. Lettow.

Keywords: re: Corporate tax case; interest netting claim; I.R.C. § 6621(d); jurisdiction over a claim for interest on an overpayment under I.R.C. § 6611; "same taxpayer" within the meaning of I.R.C. § 6621(d). (MZ)

16-1063 • PDS CONSULTANTS, INC. v. USA

Filed 05/30/2017
REPORTED OPINION. Signed by Senior Judge Nancy B. Firestone. (dpk) Copy to parties. Modified on 6/8/2017 - correction to pdf(jt1).

Keywords: re: Bid Protest; Veterans Benefit Act of 2006, 38 U.S.C. § 8127(a); Javits-Wagner-ODay Act, 41 U.S.C. § 8501-06; Contracting Priority; Kingdomware Technologies, Inc. v. United States, 136 S. Ct. 1969 (2016); AbilityOne Program. (dpk)Keywords: re: Bid Protest; Veterans Benefit Act of 2006, 38 U.S.C. § 8127(a); Javits-Wagner-O'Day Act, 41 U.S.C. § 8501-06; Contracting Priority; Kingdomware Technologies, Inc. v. United States, 136 S. Ct. 1969 (2016); AbilityOne Program

13-465 • FAIRHOLME FUNDS, INC. et al v. USA

Filed 05/30/2017
REPORTED ORDER regarding the attorney's fees plaintiffs incurred filing and litigating their motion to compel. Signed by Judge Margaret M. Sweeney.

Keywords: re: Reported Order: Award of Attorney's Fees; RCFC 37(a)(5)(C); Substantial Justification.

08-415 • HORN & ASSOCIATES, INC. v. USA

Filed 05/25/2017
REPORTED OPINION. Signed by Judge Marian Blank Horn.

Contract; Breach; Good Faith and Fair Dealing; Bad Faith; Recovery Audit; NASA; Trial. Keywords: re: Reported Opinion

17-86 • HARMONIA HOLDINGS GROUP, LLC v. USA

Filed 05/23/2017
REPORTED OPINION. Signed by Judge Mary Ellen Coster Williams.

Keywords: re: Pre-award Bid Protest; 28 U.S.C. § 1491(b); Standing; Corrective Action; Amended Request for Quotations; Key Personnel Qualifications; Price Realism; Favoritism; Bad Faith.

13-476 • SILVER BUCKLE MINES, INC. v. USA

Filed 05/23/2017
REPORTED OPINION granting Motion for Summary Judgment, denying [27] Cross-Motion for Summary Judgment, and granting [31] Motion to Certify Class. Joint Status Report due 6/23/2017. Signed by Judge Margaret M. Sweeney.

Keywords re: Order on Cross-Motions for Summary Judgment and Motion to Certify Class, Reported Opinion -- Mining Law of 1872; 30 U.S.C. § 28f; Claim Maintenance Fees; Federal Land Policy and Management Act; Summary Judgment; RCFC 56; Illegal Exaction; Voluntary Payment Doctrine; Anti-Windfall Doctrine; Class Action Certification; RCFC 23; Definition of Class; Conflict of Interest.

17-449 • CONTINENTAL SERVICE GROUP, INC. v. USA

Filed 05/22/2017
REPORTED OPINION - Continuation of Preliminary Injunction (Docketed for Administrative Purposes) Signed by Chief Judge Susan G. Braden. (jt1) Copy to parties.

16-1159 • MARTIN et al v. USA

Filed 05/19/2017
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1) and (6) The Clerk is directed to enter judgment dismissing plaintiffs' complaint without prejudice. Signed by Judge Patricia E. Campbell-Smith.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1) and (6), Reported Opinion. Fifth Amendment Takings Claim; Motion to Dismiss Under RCFC 12(b)(1); Subject Matter Jurisdiction. (TQ)

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