USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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15-1232 • PITTMAN v. USA

Filed 12/05/2017
REPORTED OPINION granting Motion for Judgment on the Administrative Record; denying [32] Cross Motion The Clerk is directed to enter judgment dismissing Plaintiff's Complaint. Signed by Chief Judge Susan G. Braden.

Keywords: re: Order on Motion for Judgment on the Admin. Record, Order on Cross Motion [Dispositive], Reported Opinion: Air Force Instruction 36-2605, 36-2606, 36-3212; Military Pay Act, 37 U.S.C. § 204 (2012); Military Rules of Evidence (MRE) 103(a)(1); 301(f)(2)(3); 317; 401; 403; 404; 615; Rule for Courts-Martial (RCM) 915; Rule of the United States Court of Federal Claims (RCFC) 52.1(c); Tucker Act Jurisdiction, 28 U.S.C. § 1491 (2012); Uniform Code of Military Justice, 10 U.S.C. §§ 801946a (2006).

17-664 • CONTINENTAL SERVICE GROUP, INC. v. USA

Filed 12/04/2017
REPORTED MEMORANDUM OPINION and FINAL ORDER granting Motion to Dismiss. Signed by Chief Judge Susan G. Braden. **REDOCKETED FOR ADMINISTRATIVE PURPOSES ONLY**

Keywords: re: Fair Debt Collection Practices Act (FDCPA),15 U.S.C. § 1692 (2012); Rule of the United States Court of Federal Claims(RCFC) 12(b)(1) (Lack of Subject Matter Jurisdiction and Lack ofStanding); 40.1(b)(Assigning and Transferring Cases); Unfair, Deceptive, or Abusive Acts or Practices (UDAAP), 12 U.S.C. § 5536 (2012); United States Court of Federal Claims Bid Protest Jurisdiction, 28 U.S.C.§ 1491(b)(1). (ar)Keywords: re: [60] Fair Debt Collection Practices Act (FDCPA),15 U.S.C. § 1692 (2012); Rule of the United States Court of Federal Claims (RCFC) 12(b)(1) (Lack of Subject Matter Jurisdiction and Lack of Standing); 40.1(b)(Assigning and Transferring Cases); Unfair, Deceptive, or Abusive Acts or Practices (UDAAP), 12 U.S.C. § 5536 (2012); United States Court of Federal Claims Bid Protest Jurisdiction, 28 U.S.C.§ 1491(b)(1).

10-707 • OASIS INTERNATIONAL WATERS, INC. v. USA

Filed 12/01/2017
REPORTED OPINION. Signed by Judge Marian Blank Horn.

Trial; Counterclaim; Fraud; False Claims Act; Special Plea in Fraud; Contract Disputes Act. Keywords: re: Reported Opinion (jm5)Trial; Contract Interpretation; Duress; Fraud; Special Plea in Fraud; False Claims Act; Anti-Fraud Provision of the Contract Disputes Act. Keywords: re: [540] Reported Opinion (jm5)Trial; Contract Interpretation; Site Conditions; Law of the Case; Quantum; Delay. Keywords: re: [541] Reported Opinion

10-707 • OASIS INTERNATIONAL WATERS, INC. v. USA

Filed 12/01/2017
REPORTED OPINION. Signed by Judge Marian Blank Horn.

Trial; Counterclaim; Fraud; False Claims Act; Special Plea in Fraud; Contract Disputes Act. Keywords: re: Reported Opinion (jm5)Trial; Contract Interpretation; Duress; Fraud; Special Plea in Fraud; False Claims Act; Anti-Fraud Provision of the Contract Disputes Act. Keywords: re: [540] Reported Opinion (jm5)Trial; Contract Interpretation; Site Conditions; Law of the Case; Quantum; Delay. Keywords: re: [541] Reported Opinion

13-1011 • LATURNER v. USA

Filed 12/01/2017
OPINION granting Motion to Certify Interlocutory Appeal; granting [108] Motion to Stay. Signed by Judge Elaine D. Kaplan.

Keywords: re: 28 U.S.C. § 1292(d)(2); Interlocutory Appeal; Stay Pending Appeal.

10-707 • OASIS INTERNATIONAL WATERS, INC. v. USA

Filed 12/01/2017
REPORTED OPINION. Signed by Judge Marian Blank Horn.

Trial; Counterclaim; Fraud; False Claims Act; Special Plea in Fraud; Contract Disputes Act. Keywords: re: Reported Opinion (jm5)Trial; Contract Interpretation; Duress; Fraud; Special Plea in Fraud; False Claims Act; Anti-Fraud Provision of the Contract Disputes Act. Keywords: re: [540] Reported Opinion (jm5)Trial; Contract Interpretation; Site Conditions; Law of the Case; Quantum; Delay. Keywords: re: [541] Reported Opinion

15-1534 • JARNAGIN et al v. USA

Filed 11/30/2017
REPORTED OPINION granting Motion for Summary Judgment; denying [25] Cross Motion. The Clerk is directed to enter judgment. Signed by Judge Elaine D. Kaplan.

Keywords: re: Tax Refund; Illegal Exaction; IRS; Bank Secrecy Act; Report of Foreign Bank and Financial Accounts; FBAR; Reasonable Cause; Ordinary Business Care and Prudence.

17-916 • LYNCH v. USA

Filed 11/29/2017
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: Subject Matter Jurisdiction; Statute of Limitations; 28 U.S.C. § 2501; Accrual Suspension; Corrections Board; Military Promotion.

17-1549 • NOTTAGE v. USA

Filed 11/28/2017
REPORTED OPINION denying Motion for Leave to Proceed in forma pauperis and dismissing plaintiff's complaint for lack of subject matter jurisdiction and for failure to state a claim. The Clerk is directed to enter judgment. Signed by Judge Marian Blank Horn. (dls) Copy to parties. (Plaintiff served via certified mail; Article No. 7017 1450 0000 1346 0720)

Keywords: re: Motion to Dismiss; In Forma Pauperis; Prison Litigation Reform Act; Takings.

14-497 • MENDEZ v. USA

Filed 11/28/2017
REPORTED OPINION denying Motion for Reconsideration. Signed by Judge Patricia E. Campbell-Smith.

Keywords: re: Order on Motion for Reconsideration, Reported Opinion. Motion for Reconsideration, RCFC 59 & RCFC 60; Claim Accrual; Accrual Suspension Rule; Permissive Administrative Remedies. (TQ)

15-179 • BHL PROPERTIES, LLC et al v. USA

Filed 11/21/2017
REPORTED OPINION denying Motion for Partial Summary Judgment; granting [48] Cross Motion. The Clerk is directed to enter judgment. Signed by Judge Elaine D. Kaplan.

Keywords: re: Rails-to-Trails; National Trails System Act; Fifth Amendment; Takings Clause.

14-397 • JACKSON v. USA

Filed 11/20/2017
REPORTED OPINION granting in part and denying in part Motion for Partial Summary Judgment and [35] Cross-Motion for Partial Summary Judgment. Telephonic status conference set for 11/29/2017 at 3:00 p.m. E.S.T. Signed by Judge Mary Ellen Coster Williams. (TF3) Copy to parties.

Keywords: re: Partial Summary Judgment; Class Action; Fifth Amendment Takings; National Trails System Act; 16 U.S.C. § 1247(d); Ga. Code Ann. § 1689 (1882); Ga. Code Ann. § 2167 (1895); Fee Simple; Right-of-Way; Creation of Easement Under Georgia Law; Strips and Gores Doctrine. (TF3)

17-447 • EMIABATA v. USA

Filed 11/17/2017
REPORTED OPINION and ORDER granting in part and denying in part Motion to Dismiss - Rule 12(b)(1) and (6); and directing defendant to file its motion for summary judgment and proposed findings of uncontroverted fact by 12/22/17. Subsequent briefing shall be according to the court's rules. Signed by Judge Patricia E. Campbell-Smith. (dls) Copy to parties. (Plaintiff served via certified mail; Article No. 7017 1450 0000 1346 0812)

Keywords: re: Contract; Wrongful Termination for Default Claim; No Jurisdiction Over Breach and Tort Claims; Conversion of RCFC 12(b)(6) Motion to RCFC 56 Motion.

10-192 • SALEM FINANCIAL, INC. v. USA

Filed 11/17/2017
REPORTED OPINION granting in part and denying in part Motion for Bill of Costs. Signed by Judge Thomas C. Wheeler.

Keywords: re: Taxation of Costs; Fees of the Reporter for Trial Transcripts; Fees for Witnesses; Costs for Duplication of Papers; Costs Incident to Taking Depositions.

14-1001 • DUKE ENERGY PROGRESS, INC. et al v. USA

Filed 11/17/2017
REPORTED OPINION The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler.

Keywords: re: Spent Nuclear Fuel Case; Nuclear Waste Policy Act of 1982; Damages for Partial Breach of DOE's Standard Contract; Plaintiff's Burden to Prove Causation; Government Claim for Reduction of Damages.

17-1080 • XPO LOGISTICS WORLDWIDE GOVERNMENT SERVICES, LLC v. USA

Filed 11/17/2017
REPORTED OPINION Redacted Opinion and Order denying Motion for Judgment on the Administrative Record; denying [31] Motion to Supplement the Administrative Record; granting [35] Motion for Judgment on the Administrative Record; granting [36] Motion for Judgment on the Administrative Record. Signed by Judge Elaine D. Kaplan.

Keywords: re: Bid Protest; Motion for Judgment on the Administrative Record; Discussions; Past Performance; Corrective Action.

16-1704 • DYNCORP INTERNATIONAL, LLC v. USA

Filed 11/16/2017
REISSUED OPINION--Filed this date. Signed by Senior Judge Robert H. Hodges, Jr.

Keywords: re: Reissued Opinion--Motion for Judgment on Administrative Record, RCFC 56; United States Department of State; Bureau for International Narcotics and Law Enforcement Affairs, Office of Aviation; Aviation Support Services; Post-Award Bid Protest; Disparate Treatment; Procurement Violations; Limited Confidence for Past Performance; Incumbent; Competition in Contracting Act; Corrective Action; Profit Margin Analysis.

08-117 • LOST TREE VILLAGE CORPORATION v. USA

Filed 11/14/2017
REPORTED OPINION and ORDER granting in part and denying in part Motion for Attorney Fees; granting [178] Motion to Establish Interest; granting [183] Motion for Attorney Fees; granting [185] Motion for Attorney Fees. Pursuant to the Uniform Relocation Act, the court awards reasonable attorneys' fees and expenses of $2,021,257.72. Also, under the prior judgment entered under RCFC 54(b), interest of $3,512,627.45 is due through November 15, 2017, with a per diem rate of $990.79 thereafter until the judgment is actually paid. The Clerk is directed to enter judgment. Signed by Judge Charles F. Lettow.

Keywords: re: Takings case; attorneys fees and expenses awardable under the Uniform Relocation Act, 42 U.S.C. § 4654(c); computation of interest.

14-33 • BOYER, ET AL. v. USA

Filed 11/08/2017
REPORTED OPINION (Joint Status Report due by 11/20/2017) denying Motion for Partial Summary Judgment; denying [132] Cross Motion. Signed by Senior Judge Nancy B. Firestone.

15-1087 • SHARPE v. USA

Filed 11/08/2017
REPORTED OPINION and ORDER granting Cross Motion; denying [36] Motion for Summary Judgment. The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler. (ar) Copy to parties. [Sent via certified mail: 7017 1450 0000 1346 1116]

Keywords: re: Military Pay Act, 37 U.S.C. §§ 204, 305a, 403; IO U.S.C. §1552; Motion for Summary Judgment; Judgment on the Administrative Record; Judicial Review of BCNR Decision and Implementation; Vessel Exception to UCMJ Article 15; Judicial Estoppel; Basic Allowance for Housing; Entitlement to Career Sea Pay and Career Sea Pay Premium.

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