USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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17-1528 • CHARLESTON AREA MEDICAL CENTER, INC. et al v. USA

Filed 07/31/2018
REPORTED OPINION granting Motion for Judgment on the Pleadings; denying [17] Cross Motion for Summary Judgment; denying as moot [20] Motion to Certify Class. The Clerk is directed to enter judgment. Signed by Judge Elaine D. Kaplan. (bl) Service on parties made.

Keywords: re: Reported Opinion; Tax Refund; Overpayment; Interest; Non-Profit Corporation; 26 U.S.C. § 6621; FICA.

14-960 • LW CONSTRUCTION OF CHARLESTON, LLC v. USA

Filed 07/31/2018
REPORTED OPINION granting in part and denying in part Motion for Leave to File Second Amended Answer; (Second amended answer due by 8/14/2018). Signed by Senior Judge Marian Blank Horn. (vhc) Service on parties made. Modified on 8/1/2018 (jt1).

Keywords: re: Motion for Leave to Amend; Delay; False Claims Act; Common Law Fraud; Unjust Enrichment; Statute of Limitations; 28 U.S.C. § 2415; 28 U.S.C. § 2501; 31 U.S.C. § 3731; Service Disabled Veteran Owned Small Business.

17-699 • WATERS v. USA

Filed 07/31/2018
REPORTED OPINION: Granting in part Motion to Dismiss - Rule 12(b)(6); Granting [22] Motion for Judgment on the Administrative Record; The Clerk is directed to enter judgment. Signed by Judge Elaine D. Kaplan. U.S. Certified Mail Tracking# 7012 3460 0001 7791 7890(vds) Service on parties made.

Keywords: Military Records Correction; Voluntary Retirement; SECNAVINST 1920.6C; Board of Inquiry; Non-Judicial Punishment; BCNR; Retirement Grade; Retirement Pay.

15-601 • STRAND v. USA

Filed 07/31/2018
REPORTED OPINION AND ORDER denying Motion to Dismiss - Rule 12(b)(6); denying [84] Motion for Judgment on the Administrative Record; granting [85] Cross Motion. The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler. (mg) Service on parties made.

Keywords: re: Action for Review of Military Records; Assistant General Counsel's Reversal of Decision by Board for Correction of Naval Records; Decision on Remand from Federal Circuit; Standard of Review; Substantial Evidence.

15-872 • NORMAN v. USA

Filed 07/31/2018
REPORTED OPINION. The Clerk is directed to enter judgment. Signed by Senior Judge Edward J. Damich. (lp1) Service on parties made.

Keywords: Bank Secrecy Act, Trial, Civil penalty, Failure to file, Willfulness, Taxpayer, Tax return, Maximum, Regulation, Discretion, Supersede

16-950 • CB&I AREVA MOX SERVICES, LLC v. USA

Filed 07/30/2018
REPORTED AMENDED OPINION AND ORDER granting Motion for Summary Judgment; denying [33] Motion to Dismiss - Rule 12(b)(1) and (6); and denying [46] Cross Motion for Summary Judgment.. Signed by Judge Thomas C. Wheeler. (ab) Service on parties made.

Keywords: re: US/Russia Plutonium Management and Disposition Agreement; National Nuclear Security Administration; Cost-Plus-Fee Construction Contract; Rules 12 and 56 Cross-Motions; Availability of Declaratory Relief; Government Claim Under Contract Disputes Act; Statute of Limitations.

14-817 • NORTHERN CALIFORNIA POWER AGENCY et al v. USA

Filed 07/30/2018
REPORTED OPINION. The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler. (ab) Service on parties made.

Keywords: re: Illegal Exaction Claim; Department of Interior, Bureau of Reclamation; Central Valley Project Improvement Act; Statutory Authority; Statutory Interpretation; Plain Meaning.

18-367 • TAYLOR v. USA

Filed 07/27/2018
MEMORANDUM OPINION and FINAL OPINION and FINAL ORDER: denying, as moot, Motion for Mandamus and Prohibition; granting [9] Motion to Dismiss - Rule 12(b)(1). The Clerk is directed to enter judgment. Signed by Senior Judge Susan G. Braden. (dls) Service on parties made. (Plaintiff served via certified mail; Article No. 7017 1450 0000 1346 4186) Modified on 8/1/2018

Keywords: re: Rules of the United States Court of Federal Claims ("RCFC") 8(e) (Construing Pleadings), l2(b)(1) (Motion To Dismiss), 60(c) (Motion for Relief from Judgment); 28 U.S.C. § 453; U.S. CONST. art. II § 1, cl. 8; art. VI, cl.3; amend. VI.

17-1968 • PLANATE MANAGEMENT GROUP, LLC v. USA

Filed 07/27/2018
REPORTED OPINION granting in part and denying in part Motion to Dismiss in Part and to Merge Counts. Answer re: Counts III and V due 8/10/2018. Signed by Chief Judge Margaret M. Sweeney. (pp) Service on parties made.

Keywords re: Order on Motion to Dismiss in Part and to Merge Counts, Reported Opinion -- Contract Disputes Act; Request for Equitable Adjustment; Changed Conditions; Motion to Dismiss in Part; Motion to Merge Counts; Claims Submitted to the Contracting Officer; Same Operative Facts; Same Relief Available.

18-659 • VETERANS ELECTRIC, LLC v. USA

Filed 07/26/2018
REPORTED MEMORANDUM OPINION AND ORDER. Signed by Judge Lydia Kay Griggsby. (rdb) Service on parties made.

Keywords: Pre-Award Bid Protest; Judgment Upon The Administrative Record; RCFC 52.1; Injunctive Relief; Standing, re: Reported Memorandum Opinion and Order.

16-865 • LUCIER et al v. USA

Filed 07/26/2018
REPORTED ORDER denying Motion for Reconsideration - Rule 59(a). Signed by Senior Judge Marian Blank Horn. Service on parties made.

Keywords: Motions for Reconsideration; Rails to Trails; Centerline Presumption.

16-893 • BEATTIE et al v. USA

Filed 07/26/2018
REPORTED ORDER denying Motion for Reconsideration - Rule 59(a). Signed by Senior Judge Marian Blank Horn. Service on parties made.

Keywords: Motions for Reconsideration; Rails to Trails; Centerline Presumption.

17-1000 • MAEHR v. USA

Filed 07/26/2018
REPORTED MEMORANDUM OPINION and FINAL ORDER denying Plaintiff's Motion for Reconsideration - Rule 59(a). Signed by Senior Judge Susan G. Braden. (ar) Service on parties made.

Keywords: re: Rules of the United States Court of Federal Claims ("RCFC") 59(a) (Grounds For New Trial Or Reconsideration; Further Action After Trial); 59(e) (Motion To Alter Or Amended Judgment).

18-861 • CHENEGA HEALTHCARE SERVICES, LLC v. USA

Filed 07/26/2018
REPORTED OPINION. Public version of the court's July 13, 2018 opinion issued under seal, [42]. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made.

Keywords: re: Reported Opinion. Post-Award Bid Protest; Review of Proposal Evaluation; Late Key Personnel Substitution; Award Without Discussions; Preliminary Injunction Request Denied. (TQ)

93-655 • ANAHEIM GARDENS, et al v. USA

Filed 07/24/2018
REPORTED OPINION denying MOTION in Limine To Preclude Defendant From Offering Any Evidence At Trial Contrary To Defendant's Testimony Pursuant to RCFC 30(b)(6) filed by ANAHEIM GARDENS. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made.

Keywords: re: Reported Opinion. Motion In Limine; Exclusion of Evidence that Allegedly Contradicts Deposition Testimony of RCFC30(b)(6) Witness. (TQ)

18-178 • BGT HOLDINGS LLC v. USA

Filed 07/20/2018
REPORTED OPINION and ORDER denying MOTION to Dismiss pursuant to Rule 12(b)(6) filed by USA. Plaintiff's motion for leave to amend its complaint, as an alternative, is GRANTED. Plaintiff shall FILE its Amended Complaint on or before 8/17/2018. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made.

Keywords: re: Reported Opinion and Order. Motion to Amend Pleadings;RCFC 15. (TQ)

18-841 • KENNEDY v. USA

Filed 07/19/2018
OPINION AND ORDER: granting Motion for Leave to Proceed in forma pauperis. The Clerk is directed to enter judgment. Signed by Chief Judge Margaret M. Sweeney. (ac7) Service on parties made.

Keywords: Pro Se Plaintiff; Sua Soonte Dismissal; Subject Matter Jurisdiction; RCFC 12(hX3); Proper Defendant; Civil Rights Claims; Tort Claims; Criminal Matters; Frivolous Claims; Collateral Attack of Prior Decisions; Equitable Relief; 28 U.S.C. $ | 63 | : In Forma Pauperis

18-433 • ACETRIS HEALTH, LLC v. USA

Filed 07/16/2018
REPORTED OPINION reissuing **SEALED**OPINION and ORDER for publication. Signed by Chief Judge Margaret M. Sweeney. (kb1)

Keywords: re: Reported Opinion -- Preaward Bid Protest; Motion to Dismiss; Standing; Motion to Supplement the Administrative Record; Cross-Motions for Judgment on the Administrative Record; Declaratory and Injunctive Relief; Buy American Statute; Trade Agreements Act of 1979; Proper Construction of Solicitation's Trade Agreements Clause; Conflicting Solicitation Provisions; Reliance on Customs and Border Protection's Country-of-Origin Determination

18-823 • KGL FOOD SERVICES WLL v. USA

Filed 07/13/2018
REPORTED OPINION denying MOTION to Intervene filed by AGILITY DGS LOGISTICS SERVICES CO. (KSC(C)). Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made.

Keywords: re: Reported OPINION. Intervention as of Right; Permissive Intervention; RCFC 24. (TQ)

17-970 • ALTAIR GLOBAL CREDIT OPPORTUNITIES FUND (A), LLC et al v. USA

Filed 07/13/2018
**Redocketed for Posting to Court's Website** REPORTED MEMORANDUM OPINION and ORDER: denying Motion to Dismiss, Pursuant To Rule 12(b)(1), And Staying Case. Signed by Senior Judge Susan G. Braden. (ar) Service on parties made.

Keywords: re: Reported Order: U.S. CONST. art. IV, § 3; amend. V, Takings Clause; 28 U.S.C. § 1491 (Tucker Act); 48 U.S.C. §§ 2101-2241 (2012 & Supp. IV 2017) (Puerto Rico Oversight, Management, and Economic Stability Act (PROMESA)); Jones-Shafroth Act, Pub. L. No. 64-368, 39 Stat. 951 (1917), codified as amended at 48 U.S.C. §§ 731-751; Small Business Job Protection Act, Pub. L. No. 104-188, 110 Stat. 1755 (1996); H.R.J. 124, Pub. L. No. 87-121, 75 Stat. 245 (1961) (imposing a debt limit on Puerto Rico); P.R. CONST. art. VI, §§ 2, 8; Employees Retirement System Enabling Act, P.R. LAWS ANN. tit. 3, §§ 761-788 (Act 447); Urgent Interest Fund Act, 2006 P.R. Laws 91; Joint Resolution For Other Allocations For Fiscal Year 2017-2018 (Joint Resolution 188); Law To Guarantee Payment To Our Pensioners And Establish A New Plan For Defined Contributions For Public Servants (Act 106-2017); Rule of the United States Court of Federal Claims (RCFC) 12(b)(1) (Subject Matter Jurisdiction).

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