USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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17-449 • CONTINENTAL SERVICE GROUP, INC. v. USA

Filed 04/19/2017
REPORTED ORDER STAYING PROCEEDINGS FOR THIRTY DAYS Status Report due by 5/19/2017. Signed by Chief Judge Susan G. Braden.

Keywords: re: Reported Order Staying Proceedings For Thirty Days, Stay Of Proceedings.

16-310 • MCCORD v. USA

Filed 04/19/2017
REPORTED OPINION denying Motion for Judgment on the Administrative Record; granting [20] Cross-Motion. Status Report due by 6/5/2017. Signed by Judge Elaine D. Kaplan.

Keywords: re: Tucker Act; 28 U.S.C. § 1491; Military Disability Pay; Army Board for Correction of Military Records; Integrated Disability Evaluation System; Joint Pilot Program; Remand.

09-367 • FURLONG et al v. USA

Filed 04/18/2017
REPORTED OPINION granting Motion for Preliminary Approval of Proposed Settlement Agreement, Approval of Notice to Class Members, and to Set Fairness Hearing. Notice of Compliance due 6/1/2017. Fairness hearing set for 6/13/2017 at 11:00 a.m. EDT. Signed by Judge Margaret M. Sweeney. (Attachments: # (1) Approved Notice)

Keywords re: Order on Motion, Reported Opinion -- Rails-to-Trails; Class Action; RCFC 23(e); Preliminary Approval of Settlement; Notice Plan; Fairness Hearing.

15-576 • PORTER v. USA

Filed 04/18/2017
REPORTED OPINION and ORDER granting defendant's motion to dismiss as to most of plaintiff's claims, and granting defendant's motion for judgment on the administrative record with respect to the remaining claims. The Clerk is directed to enter judgment. Signed by Judge Elaine D. Kaplan. (dls) Copy to parties. (Plaintiff served via certified mail; Article No. 7014 1200 0000 9093 7597)

Keywords: re: Pro Se Complaint; Military Pay Act; Disability Retirement Pay; VA Benefits Estimate; Combat-Related Special Compensation.

16-651 • BLUE CROSS AND BLUE SHIELD OF NORTH CAROLINA v. USA

Filed 04/18/2017
REPORTED MEMORANDUM OPINION AND ORDER granting in part and denying in part Motion to Dismiss - Rule 12(b)(1) and (6). The Clerk is directed to enter judgment. Signed by Judge Lydia Kay Griggsby.

Keywords: The Patient Protection and Affordable Care Act; Risk Corridors; RCFC 12(b)(1); Subject-matter Jurisdiction; RCFC 12(b)(6); Failure to State a Claim; Ripeness, re: Order on Motion to Dismiss - Rules 12(b)(1)and (6), REPORTED MEMORANDUM OPINION AND ORDER.

05-914 • K-CON BUILDING SYSTEMS, INC., v. USA

Filed 04/18/2017
REPORTED OPINION denying Motion to Amend Pleadings - Rule 15(b); dismissing [186] Amended Complaint; and awarding defendant liquidated damages in the amount of $199,611 under [187] Counterclaim. The Clerk is directed to enter judgment. Signed by Judge Margaret M. Sweeney. (kb1)

Keywords: re: Reported Opinion -- Trial; Contract to Design and Build Prefabricated Metal Building; RCFC 15; Futility of Supplemental Complaint; Contract Disputes Act of 1978; Remission of Liquidated Damages; Counterclaim for Liquidated Damages; Contractual Notice Requirement; Abandoned Claim; Excusable Delay; Critical Path; Affirmative Defenses

12-216 • UUSI, LLC et al v. USA

Filed 04/17/2017
REPORTED CLAIM CONSTRUCTION OPINION AND ORDER. Signed by Judge Mary Ellen Coster Williams. (TF3) Copy to parties.

Keywords: 28 U.S.C. § 1498(a); Patent Infringement; Claim Construction; Indefiniteness; 35 U.S.C. § 112, paragraph 2; Means Plus Function Claim; 35 U.S.C. § 112, paragraph 6. re: Reported Opinion. (TF3)

16-1622 • GARCIA-GINES v. USA

Filed 04/14/2017
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1). The Clerk is directed to enter judgment. Signed by Judge Marian Blank Horn. (dls) Copy to parties. (Plaintiff served via certified mail; Article No. 7014 1200 0000 9093 7030)

Keywords: re: Military Disability Retirement Pay; Motion to Dismiss; Subject Matter Jurisdiction; Statute of Limitations; Pro Se.

15-1297 • BROWN et al v. USA

Filed 04/13/2017
REPORTED OPINION denying Motion to Stay. Defendant's response and cross-motion for summary judgment due by 5/12/2017. Plaintiffs' reply and response due by 6/12/2017. Defendant's reply due by 7/3/2017. Signed by Judge Margaret M. Sweeney. (kb1)

Keywords: re: Order on Motion to Stay, Reported Opinion -- Rails-to-Trails; Motion to Stay Proceedings Pending Resolution of Appeal in Another Case; Legal Standard

14-388 • HARDY et al v. USA

Filed 04/13/2017
REPORTED OPINION denying Motion for Reconsideration. Signed by Judge Margaret M. Sweeney.

Keywords re: Order on Motion for Reconsideration, Reported Opinion -- Motion for Reconsideration; RCFC 59(a)(1); Notice of Interim Trail Use; Fifth Amendment Taking; Effective Date of Taking; Duration of Taking.

15-272 • GREENLAND CONTRACTORS I/S v. USA

Filed 04/12/2017
REPORTED OPINION AND ORDER, reflecting redactions from the opinion and order previously entered under seal on April 4, 2017. Signed by Judge Charles F. Lettow.

Keywords: re: Post-award bid protest; issues previously reserved by the court and not addressed by the Federal Circuit on appeal from the court's earlier judgment. (MZ)

16-1316 • BY LIGHT PROFESSIONAL IT SERVICES, INC. v. USA

Filed 04/11/2017
REDACTED REPORTED MEMORANDUM OPINION AND ORDER denying plaintiff's Motion for TRO and for Preliminary Injunction; denying plaintiff's Motion for Judgment upon the Administrative Record; granting the intervenor's Motion for Judgment upon the Administrative Record; and granting the government's Cross Motion for Judgment upon the Administrative Record. Signed by Judge Lydia Kay Griggsby.

16-44 • STARRY ASSOCIATES, INC v. USA

Filed 04/10/2017
REPORTED OPINION. Signed by Senior Judge Eric G. Bruggink. (jpk1) Copy to parties. (jt1). Modified on 4/12/2017 - correction to pdf(jt1).

Keywords: re: Reported Order: Bid Protest; Equal Access to Justice Act; Attorney Fees; Special Factors

10-15 • GREENWOOD v. USA

Filed 04/10/2017
REPORTED OPINION granting final approval of proposed settlement agreement; granting in part and denying in part Motion for Attorney Fees. The Clerk is directed to enter judgment. Joint status report with a final proposed judgment for attorneys' fees and costs due by 4/24/2017. Signed by Senior Judge Nancy B. Firestone. (Attachments: # (1) Exhibit Settlement Agreement)

Keywords: re: Order on Motion for Attorney Fees; Reported Opinion; Rails-to-Trails; Class Action; Final Approval of Settlement Agreement; Attorneys' Fees and Costs; Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 U.S.C. § 4654(c) ("URA"); Partial Final Judgment; RCFC 54(b).

16-268 • CANPRO INVESTMENTS, LTD v. USA

Filed 04/10/2017
REPORTED ORDER denying Motion for Reconsideration and denying as moot [30] Motion for Leave to File Sur-Reply. Answer due by 4/24/2017. Signed by Judge Margaret M. Sweeney.

Keywords re: Order on Motion for Reconsideration -- Motion for Reconsideration; RCFC 59(a)(1); Implied Duty of Good Faith and Fair Dealing.

16-1602 • JACOBS TECHNOLOGY INC. v. USA

Filed 04/07/2017
REPORTED OPINION AND ORDER, reflecting redactions from the opinion and order previously entered under seal on March 31, 2017. Signed by Judge Charles F. Lettow.

Keywords: re: Reported Opinion: Bid-protests; challenges to corrective action; jurisdiction; standing; ripeness; mootness; validity of the agency's decision to take corrective action; inadequacy of showing to support discovery into alleged bias. (EK)

17-179 • BEBERMAN v. USA

Filed 04/04/2017
REPORTED OPINION: Ms. Beberman's complaint is DISMISSED sua sponte for lack of jurisdiction. The Clerk is directed to enter judgment. Signed by Judge Patricia E. Campbell-Smith. (ew) Copy to parties. Tracking #7014 1200 0000 9093 6965. The Clerk's Office is directed to return any future filings not in compliance with this court's rules to plaintiff, unfiled, without further order.

Keywords: re: Pro Se; Equal Pay Act; 29 U.S.C. 206(d) (2012); Lack of SubjectMatter Jurisdiction; 28 U.S.C. 1500 (2012); RCFC 12(h)(3).

16-1559 • RIVADA MERCURY, LLC v. USA

Filed 03/31/2017
REPORTED OPINION; **REISSUED** REDACTED OPINION and ORDER denying Motion for Judgment on the Administrative Record; granting [55] Cross-Motion for Judgment on the Administrative Record; granting [56] Cross-Motion for Judgment on the Administrative Record. Signed by Judge Elaine D. Kaplan.

Keywords: re: Reported Opinion; Pre-Award Bid Protest; Competitive Range Determination; FAR 15.306; Discussions; Unstated Evaluation Criteria; Unequal Evaluation.

14-783 • SHAW et al v. USA

Filed 03/31/2017
REPORTED OPINION AND ORDER denying Plaintiffs' Motion for Partial Summary Judgment; granting [18] Defendant's Cross Motion for Partial Summary Judgment. The Clerk is directed to enter judgment. Signed by Judge Margaret M. Sweeney.

Keywords: re: Opinion and Order on Plaintiffs' Motion for Partial Summary Judgment and Defendant's Motion for Partial Summary Judgment [Dispositive], Reported Opinion - RCFC 56; Summary Judgment; Federal Tort Claims Act, 28 U.S.C. § 1346; Breach of Contract; Latent Ambiguity; Contra Proferentem.

16-554 • CHRISTIAN v. USA

Filed 03/31/2017
REPORTED OPINION The Clerk is directed to enter judgment. Signed by Chief Judge Susan G. Braden.

Keywords: re: Breach of Contract; Dual Compensation Act, 5 U.S.C §§ 5533, 5535, 5536; Federal Travel Regulation (FTR), 41 C.F.R. §§ 300-3.1, 301-11.1, 301-11.3, 301-11.603, 301-11.604, 301-11.605, 301-12.1, 301-52.17, 301-52.19, 302-17.22; IRS Publication 463 (2016) (Tax Treatment Of Travel Expenses); NASA Interim Directive For Travel (NID) 9700.2; NASA Procedural Requirements (NPR) 9700.1 §§ 301-11.1, 301-11.201, 301-11.203, 301-11.207, 301-11.226, 301-12.1; Rules Of The United States Court Of Federal Claims (RCFC) 12(b)(6) (Failure To State Claim), 15(a)(2) (Amended and Supplemental Pleadings), 56(a) (Summary Judgment).

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