USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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17-711 • SONORAN TECHNOLOGY AND PROFESSIONAL SERVICES, LLC v. USA

Filed 08/09/2017
REPORTED OPINION. Signed by Judge Thomas C. Wheeler.

Keywords: re: Bid Protest; Motion to Amend Complaint; Small Business Administration; Jurisdiction over Certificate of Competency Decision; Unjustified Delay.

17-765 • AUTOMATED COLLECTION SERVICES, INC. v. USA

Filed 08/09/2017
REPORTED Order REPORTED OPINION denying Motion for Judgment on the Administrative Record; granting [50] Cross Motion The Clerk is directed to enter judgment. Signed by Chief Judge Susan G. Braden. (cn) Copy to parties.REPORTED Order REPORTED OPINION denying [35] Motion for Judgment on the Administrative Record; granting [50] Cross Motion The Clerk is directed to enter judgment. Signed by Chief Judge Susan G. Braden.

Keywords: re: Rule of the United States Court of Federal Claims (RCFC) 52.1(c) (Motions For Judgment On The Administrative Record)

16-43 • LEA v. USA

Filed 08/08/2017
REPORTED OPINION denying Defendant's Motion for Summary Judgment; granting in part and denying in part [15] Plaintiff's Cross Motion for Partial Summary Judgment. Status Report due by 8/21/2017. Signed by Judge Elaine D. Kaplan.

Keywords: re: Order on Motion for Summary Judgment; Order on Cross Motion [Dispositive]; Reported Opinion; Breach of Contract; U.S. Savings Bonds; Preemption; Intergovernmental Immunity; Due Process Clause of the Fourteenth Amendment; Breach of Contract; 31 C.F.R. § 315.20(b).

17-508 • HARKCON, INC. v. USA

Filed 08/08/2017
REPORTED OPINION. Redacted version of Opinion denying [27] Motion to Supplement the Administrative Record. Signed by Judge Margaret M. Sweeney.

Keywords re: Reported Opinion -- Post-Award Bid Protest; Motion to Supplement the Administrative Record; Effective Judicial Review; Deposition.

13-1011 • LATURNER v. USA

Filed 08/08/2017
REPORTED OPINION denying Defendant's Motion for Summary Judgment; granting in part and denying in part [87] Plaintiff's Cross Motion for Partial Summary Judgment. Status Report due by 8/21/2017. Signed by Judge Elaine D. Kaplan.

Keywords: re: Order on Motion for Summary Judgment; Order on Cross Motion [Dispositive]; Reported Opinion; Breach of Contract; U.S. Savings Bonds; Preemption; Intergovernmental Immunity; Due Process Clause of the Fourteenth Amendment; 31 C.F.R. § 315.20(b).

12-85 • ADVANCED AEROSPACE TECHNOLOGIES, INC., v. USA

Filed 08/04/2017
REPORTED Order The Clerk is directed to enter judgment. Signed by Chief Judge Susan G. Braden.

Keywords: re: Judgment; Final Judgment.

17-97 • MOLINA HEALTHCARE OF CALIFORNIA, INC. et al v. USA

Filed 08/04/2017
REPORTED OPINION: Granting in part and denying in part Motion for Partial Summary Judgment; granting in part and denying in part [13] Cross Motion to Dismiss. Joint Status Report due by 8/25/2017. Signed by Judge Thomas C. Wheeler.

Keywords: re: Patient Protection and Affordable Care Act, § 1342; Risk Corridor Program; Presently Due Money Damages; Ripeness; Chevron Deference; Effect of Appropriation Riders Limiting Statutory Obligation; Highland Falls; Judgment Fund; Implied-in-Fact Contract Created by Statute; Express Contract; Fifth Amendment Takings; Declaratory Relief.

14-67 • KAPLAN v. USA

Filed 08/03/2017
REPORTED OPINION. Signed by Senior Judge Eric G. Bruggink.

Keywords: re: Equal Pay Act; 29 U.S.C. 206 (d)(1); Merit System.

17-310 • CHRISTEN v. USA

Filed 08/03/2017
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1) and (6). The Clerk is directed to enter judgment. Signed by Chief Judge Susan G. Braden. Copy to parties. (hw1). Modified on 8/4/2017 - USPS 7017 1450 0000 1346 3882 (hw1).

Keywords: Rules of the United States Court of Federal Claims ("RCFC")12(b)(l) (Jurisdiction), 12(b)(6) (Failure to State a Claim).

17-643 • BOBKA v. USA

Filed 08/03/2017
REPORTED OPINION and ORDER granting Motion to Dismiss - Rule 12(b)(1) and (6) The Clerk is directed to enter judgment. Signed by Judge Charles F. Lettow. [U.S. Certified Mail Tracking# 7017 1450 0000 1346 3875]

Keywords:Challenge to conviction and imprisonment; contractual claims; statutory and rule based claims; jurisdiction

17-934 • MAIL TRANSPORTATION, INC. et al v. USA

Filed 08/03/2017
REPORTED ORDER denying Motion for TRO; denying [2] Motion for Preliminary Injunction; granting in part and denying in part [20] Motion to Dismiss - Rule 12(b)(1) and (6). Signed by Judge Victor J. Wolski.

Keywords: re: Bid protest; Motion to Dismiss; RCFC 12(b)(1) & 12(b)(6); USPS;Highway Contract Route; Postal Vehicle Service; 39 U.S.C. § 5005; Motion for a Preliminary Injunction, RCFC 65. Order on Motion for TRO, Order on Motion for Preliminary Injunction, Order on Motion to Dismiss - Rule 12(b)(1) and (6), Reported Order

16-1489 • VETERANS TECHNOLOGY LLC et al v. USA

Filed 08/02/2017
REPORTED OPINION. Signed by Chief Judge Susan G. Braden.

Keywords: re: 5 U.S.C. § 706 (Administrative ProcedureAct, Scope of Judicial Review); 15 U.S.C. §§ 632, 637 (Small Business Act); 28 U.S.C. § 1491(b)(1) (United States Court of Federal Claims Bid Protest Jurisdiction); 13 C.F.R. § 121.103(f) (Affiliation Rule), (h) (Joint Venture Rule); Rule of the United States Court of Federal Claims (RCFC) 12(b)(1) (Motion to Dismiss for Lack of Subject-Matter Jurisdiction); 52.1 (Motion for Judgment on the Administrative Record); 52.2 (Remand).

17-962 • KHALIL v. USA

Filed 08/02/2017
REPORTED OPINION: Dismissing complaint; Denying [4] Motion to Transfer; Denying [3] Motion for Leave to Proceed in forma pauperis The Clerk is directed to enter judgment. Tracking #7017 1450 0000 1346 3035. Signed by Judge Patricia E. Campbell-Smith.

Keywords: re: Subject matter jurisdiction; RCFC 12(h)(3); Federal Tort Claims Act; 42 U.S.C. 1983.

14-168 • ALABAMA POWER COMPANY et al v. USA

Filed 08/01/2017
Re-issued REPORTED OPINION of June 5, 2017, docket no [52], granting Motion for Partial Summary Judgment. Signed by Judge Patricia E. Campbell-Smith.

Keywords: re: Reported Opinion. Motion for summary judgment; Nuclear Regulatory Commission Fees; Collateral estoppel. (TQ)

14-167 • GEORGIA POWER COMPANY v. USA

Filed 08/01/2017
Re-issued REPORTED OPINION of June 5, 2017, docket no [52], granting Motion for Partial Summary Judgment. Signed by Judge Patricia E. Campbell-Smith.

Keywords: re: Reported Opinion. Motion for summary judgment; Nuclear Regulatory Commission Fees; Collateral estoppel. (TQ)

04-541 • STOCKTON EAST WATER DISTRICT et al v. USA

Filed 08/01/2017
REPORTED OPINION The Clerk is directed to enter judgment. Signed by Judge Elaine D. Kaplan.

16-967 • MAINE COMMUNITY HEALTH OPTIONS v. USA

Filed 07/31/2017
REPORTED OPINION denying Plaintiff's Motion for Summary Judgment; granting [22] Defendant's Motion to Dismiss - Rule 12(b)(6) The Clerk is directed to enter judgment. Signed by Senior Judge Eric G. Bruggink. (jpk1) Copy to parties.

Keywords: re: Order on Motion for Summary Judgment, Order on Motion to Dismiss - Rule 12(b)(6), Reported Opinion: Money mandating statute; Affordable Care Act; Risk Corridors Program; 42 U.S.C. § 18062; Appropriations riders; Limitation on use of funds.

12-435 • WARD v. USA

Filed 07/31/2017
REPORTED OPINION unsealing Opinion and Remand Order. Signed by Judge Mary Ellen Coster Williams.

Keywords: Military Pay; Disability Benefits; 10 U.S.C. § 1201; 28 U.S.C. § 1491; Army Reg. 635-40; Physical Evaluation Board; Waiver; Army Board for Correction of Military Records; Remand. re: Reported Opinion.

06-872 • GERALD K. KANDEL et al v. USA

Filed 07/31/2017
REPORTED OPINION granting in part, as to former PCC employees who separated from employment prior to September 23, 1996 and denying in part, as to former PCC employees who separated from employment on or after September 23, 1996, Motion to Dismiss - Rule 12(b)(1) and (6). The parties are directed to file a joint status report, on or before 8/31/2017, proposing a schedule to govern this case going forward as to the claims of former employees who separated from PCC employment on or after September 23, 1996.. Signed by Judge Patricia E. Campbell-Smith.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1) and (6), Reported Opinion. Motion for Partial Dismissal; RCFC 12(b)(1); RCFC 12(b)(6); Class Action; Lump-Sum Payment Statute; 5 U.S.C. § 5551 (2012); Panama Canal Treaty; 28 U.S.C. § 1502 (2012).(TQ)

17-878 • COTTON & COMPANY, LLP v. USA

Filed 07/28/2017
REPORTED OPINION. Signed by Judge Thomas C. Wheeler.

Keywords: re: [49]: Bid Protest; Motion for Preliminary Injunction; Rule 12(b)(1) Motion to Dismiss; Subject Matter Jurisdiction; Standing.

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