USCFC General Jurisdiction-Reported

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18-1146 • THOMA-SEA MARINE CONSTRUCTORS, LLC v. USA

Filed 01/02/2019
REPORTED OPINION: reflecting redactions from the opinion and order previously entered on December 21, 2018. Signed by Senior Judge Charles F. Lettow. (pp)REPORTED OPINION: reflecting redactions from the opinion and order previously entered on December 21, 2018. Signed by Senior Judge Charles F. Lettow.

Keywords: re: Post-award bid protest; shipbuilding contract; standing; supplementation of the administrative record; technical criteria for ship design and seakeeping; past performance evaluations; responsibility determination.

18-1425 • SIGMATECH, INC. v. USA

Filed 01/02/2019
REPORTED OPINION. Signed by Senior Judge Marian Blank Horn. (td) Service on parties made.

Keywords: Post-Award Bid Protest; Cross-Motions for Judgment on the Administrative Record; Disparate Treatment; Best-Value Trade-Off; Organizational Conflict of Interest.

17-1812 • GIESECKE & DEVRIENT GMBH v. USA

Filed 12/28/2018
REPORTED OPINION denying as moot Motion to Dismiss - Rule 12(b)(6); granting [52] Motion for Leave to File Second Amended Complaint. Signed by Senior Judge Mary Ellen Coster Williams. (TF3) Service on parties made.

Keywords: re: Patent Infringement; Motion for Leave to Amend Complaint; Voluntary Withdrawal of Claims; Dismissal Without Prejudice; Rule 15; Rule 41. (TF3)

17-421 • KIMBLE v. USA

Filed 12/27/2018
REPORTED OPINION granting Motion for Summary Judgment; denying [30] Cross Motion. The Clerk is directed to enter judgment. Signed by Senior Judge Susan G. Braden. (aa) Service on parties made. Modified on 1/4/2019 to edit docket text

Keywords: re: Reported Opinion, Order on Motion for Summary Judgment, Order on Cross Motion [Dispositive] 26 U.S.C. § 6511 (Limitations On Credit Or Refund);26 U.S.C. § 6672 (Failure To Collect And Pay Over Tax);26 U.S.C. § 7121 (Closing Agreements);26 U.S.C. § 7422 (Civil Actions For Refund);28 U.S.C. § 1346 (United States As Defendant);28 U.S.C. § 1491 (Tucker Act);31 U.S.C. § 5314 (Records And Reports On Foreign Financial Agency Transactions);31 U.S.C. § 5321 (Civil Penalties);26 C.F.R. § 301.7701(b)-2(d)(1) (Closer Connection Exception);31 C.F.R. § 1010.350 (Reports Of Foreign Financial Accounts);31 C.F.R. § 1010.820 (Civil Penalty);RCFC 11(b) (Representations To The Court);RCFC 56 (Summary Judgment).

18-496 • STAHL v. USA

Filed 12/27/2018
OPINION AND ORDER: granting in part and denying in part Motion to Dismiss - Rule 12(b)(1) and (6). The involuntary discharge claim is remanded for consideration to the AFBCMR. ( Status Report due by 3/27/2019). Signed by Senior Judge Susan G. Braden. (ac7) Service on parties made.

18-1046 • WEIR v. USA

Filed 12/21/2018
REPORTED OPINION: Granting Motion to Dismiss - Rule 12(b)(1) and (6); Denying as Moot [7] Motion to Amend Pleadings - Rule 15(b); Granting [2] Motion for Leave to Proceed in forma pauperis; The Clerk is directed to enter judgment. Signed by Chief Judge Margaret M. Sweeney. U.S. Certified Mail Tracking#7018 0040 0001 1393 1129(vds) Service on parties made.

Keywords: Pro Se Plaintiff; RCFC 12(b )(1 ); Subject-Matter Jurisdiction; Money-Mandating Source of Law; Equitable Relief; 28 U.S.C. § 1500; In Forma Pauperis

18-1679 • NAVIENT SOLUTIONS, LLC v. USA

Filed 12/21/2018
REPORTED OPINION Denying Motion for a TRO and Preliminary Injunction filed by FMS INVESTMENT CORP. Signed by Judge Thomas C. Wheeler. (dh) Service on parties made.

Keywords: re: Order on Motion for TRO and Preliminary Injunction, Reported Opinion: Pre-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.

17-1797 • BOAZ HOUSING AUTHORITY et al v. USA

Filed 12/20/2018
OPINION AND ORDER denying Corrected Motion to Dismiss - Rule 12(b)(1) and (6); lifting [12] stay of briefing on [9] Motion for Summary Judgment; Response due by 1/17/2019. Signed by Judge Elaine D. Kaplan. (feb) Service on parties made

Keywords re OPINION AND ORDER on Motion to Dismiss: Housing Act of 1937; HUD; Breach of Contract; Money Mandating; Holmes v. United States; Presumption of Money Damages.

18-286 • DIAZ v. USA

Filed 12/19/2018
REPORTED OPINION granting Motion to Dismiss. The Clerk is directed to enter judgment. Signed by Senior Judge Loren A. Smith. (dp) Service on parties made.

Keywords: Motion to Dismiss; Failure to State a Claim; Motion for Summary Judgment; Statute of Limitations; Breach of Contract re: Order on Motion to Dismiss, Reported Opinion.

18-1119 • TELESIS CORPORATION v. USA

Filed 12/18/2018
REPORTED OPINION reissuing for publication Opinion and Order denying [17] Motion for Judgment on the Administrative Record and granting [20] Motion for Judgment on the Administrative Record. Signed by Chief Judge Margaret M. Sweeney.

Keywords: re: Reported Opinion -- Postaward Bid Protest; RCFC 52.1; Cross-Motions for Judgment on the Administrative Record; Clarifications

18-831 • HYMAS v. USA

Filed 12/17/2018
REPORTED OPINION finding as moot Motion for Leave to Proceed in forma pauperis; and granting [6] Motion to Dismiss - Rule 12(b)(1). The Clerk is directed to enter judgment. Signed by Senior Judge Marian Blank Horn. (dls) Service on parties made. (Plaintiff served via certified mail; Article No. 7018 0040 0001 1393 1075)

Keywords: re: Pro Se Plaintiff; Motion to Dismiss; Subject Matter Jurisdiction; In Forma Pauperis; 28 U.S.C. § 1500.

18-694 • ALLEGHENY TECHNOLOGIES INCORPORATED v. USA

Filed 12/17/2018
REPORTED OPINION on Motion to Dismiss - Rule 12(b)(1). (Joint Status Report Regarding Proper Transferee Court due by 1/11/2019). Signed by Chief Judge Margaret M. Sweeney. (lfh) Service on parties made.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1), Reported Opinion -- RCFC 12(b)(1); Subject Matter Jurisdiction; Tucker Act Preemption; 28 U.S.C. § 1631; Judicial Transfer; Medicare Act

14-388 • HARDY et al v. USA

Filed 12/14/2018
REPORTED OPINION. Joint status report due 1/14/2019. Signed by Chief Judge Margaret M. Sweeney. (pp) Service on parties made.

Keywords re: Reported Opinion -- Rails-to-Trails; Valuation Trial; Yellow Book; Value of Property Rights Remaining in the Servient Estate; Special Benefit; General Benefit; Severance Damages; Verification; Comparable Sales; Adjustments.

18-977 • INTEGRAL CONSULTING SERVICES, INC. v. USA

Filed 12/13/2018
REPORTED OPINION reissuing for publication Opinion and Order denying [20] Motion for Judgment on the Administrative Record and granting [22] Motion for Judgment on the Administrative Record. Signed by Chief Judge Margaret M. Sweeney.

Keywords: re: Postaward Bid Protest; RCFC 52.1; Cross-Motions for Judgment on the Administrative Record; Blue & Gold Fleet

15-348 • KANSAS CITY POWER & LIGHT CO. v. USA

Filed 12/13/2018
REPORTED OPINION denying Motion for Judgment on the Pleadings. The parties shall file a joint status report by no later than 1/10/2019 suggesting further proceedings. Signed by Chief Judge Margaret M. Sweeney.

Keywords: re: Motion for Judgment on the Pleadings; RCFC 12(c); RCFC 12(b)(6); Indemnification; Duty to Defend

18-1076 • TOLAR v. USA

Filed 12/12/2018
REPORTED OPINION and ORDER: granting Motion to Dismiss - Rule 12(b)(1); The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler. (ar) Service on parties made. [Sent via certified mail: 7017 1450 0000 1346 2366]

Keywords: re: Statute of Limitations; Retroactive Promotion; Military Pay; Non-Justiciable Claims.

17-1804 • HOUSING AUTHORITY OF THE CITY OF NEW HAVEN et al v. USA

Filed 12/10/2018
REPORTED OPINION granting in part and denying in part Motion to Dismiss. Answer due 2/8/2019. Signed by Chief Judge Margaret M. Sweeney. (pp) Service on parties made.

Keywords: re: Order on Motion to Dismiss -- RCFC 12(b)(1); RCFC 12(b)(6); Housing Act of 1937; Public Housing Authorities; Moving to Work Demonstration Program; Section 9 Operating Subsidy; 2012 Appropriations Act; Allocation Adjustment; Money-Mandating Source of Law; Presumption That Money Damages Are Available for Breach of Contract.

18-981 • VETERAN SHREDDING, LLC v. USA

Filed 12/06/2018
REPORTED OPINION: reflecting redactions from the opinion and order previously entered on November 26, 2018. Signed by Senior Judge Charles F. Lettow.

Keywords: re: Reported Opinion: Pre-award bid protest; challenge to cancellation of a solicitation; standing; criteria applicable to delineating an interested party after opening of bids but before any award of a procurement contract.

17-307 • HADDAD v. USA

Filed 12/04/2018
REPORTED MEMORANDUM OPINION AND ORDER denying Motion For Entry Of Order Dismissing Case Without Prejudice. Signed by Senior Judge Susan G. Braden. (rp) Service on parties made.

Keywords: re: 28 U.S.C. § 2514 (Forfeiture Of Fraudulent Claims); RCFC 41(a)(2) (Voluntary Dismissal By Court Order).

18-985 • PARTNER 4 RECOVERY v. USA

Filed 11/30/2018
REPORTED MEMORANDUM OPINION AND FINAL ORDER. Signed by Senior Judge Susan G. Braden. (dg) Service on parties made. Modified on 12/3/2018 - corrected pdf (jt1).

Keywords: re: 5 U.S.C. § 706(2)(A) (Scope of Review); 28 U.S.C. § 1491(Tucker Act Jurisdiction); 48 C.F.R §§ 3.101-1 (Federal Acquisition Regulation, Standards of Conduct), 9.505 (General Rules, Organizational Conflicts of Interest), 15.305 (Proposal Evaluation), 15.308 (Source Selection Decision), 15.404-1 (Proposal Analysis Techniques).

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