USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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16-1621 • GRANT v. USA

Filed 01/17/2017
REPORTED Order of Dismissal denying Motion for Leave to Proceed in forma pauperis. The Clerk is directed to enter judgment. Signed by Chief Judge Patricia E. Campbell-Smith. (dls) Copy to parties. (Plaintiff served via certified mail; Article No. 7014 1200 0000 9093 6323)

Keywords: re: Pro Se Complaint; Sua Sponte Dismissal; Frivolous.

16-1259 • IT SHOWS, INC. v. USA

Filed 01/17/2017
REPORTED OPINION. Signed by Senior Judge Eric G. Bruggink.

Keywords: re: Reported Order: Post-award Bid Protest; Cost Realism; Direct Costs; Indirect Costs; Ceiling Rates. (WT)

16-794 • HICKS v. USA

Filed 01/13/2017
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 6316)

Keywords: re: Pro Se; 26 U.S.C. § 6402; Tax; Lack of Subject Matter Jurisdiction.

15-489 • YORK TELECOM CORPORATION v. USA

Filed 01/13/2017
PUBLIC DECISION (Originally filed: 01/11/2017). Signed by Judge Lydia Kay Griggsby.

Keywords: re: Reported Opinion: Post-Award Bid Protest; Judgment upon the Administrative Record, RCFC 52.1; Supplementing the Administrative Record; Standing; FAR 52.212-1; Non-Manufacturer Rule; NAICS Code Size Standard.

14-941 • HERRMANN et al v. USA

Filed 01/13/2017
REPORTED OPINION granting Plaintiffs' Motion for Leave to File Designations of Deposition Testimony; granting [65] Defendant's Cross Motion for Leave to File Designations of Deposition Testimony; denying [66] Non-Parties' Motion in Limine to Testify Via Contemporaneous Video Transmission; granting [67] Plaintiffs' Motion in Limine to Remove Attorneys' Eyes Only Designations; denying [68] Defendant's Motion in Limine to Exclude Summary Exhibits and the Testimony of Evan Cohen. Signed by Judge Charles F. Lettow.

Keywords: re: Order on Motion for Leave to File, Order on Cross Motion, Order on Motion in Limine, Reported Opinion: pre-trial motions in limine; testimony by witnesses in person at trial rather than by contemporaneous video transmission; RCFC 43(a); RCFC 45(c); removal of attorneys' eyes only designation for certain documents and information; testimony of a witness who prepared summaries; Fed. R. Evid. 1006. (EK)

16-259 • HEALTH REPUBLIC INSURANCE COMPANY v. USA

Filed 01/10/2017
REPORTED OPINION granting in part and denying in part Motion to Dismiss - Rule 12(b)(1). Defendant shall file an answer in accordance with the court's rules. Signed by Judge Margaret M. Sweeney. (kb1)

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1), Reported Opinion -- Section 1342 of the Patient Protection and Affordable Care Act, 42 U.S.C. § 18062; 45 C.F.R. pt. 153; Risk Corridors Program; RCFC 12(b)(1) Motion to Dismiss; Subject Matter Jurisdiction; Money-Mandating Statute and Regulation; Presently Due Money Damages; Ripeness; Agency Interpretation of Its Own Regulations; Requirement of Annual Risk Corridors Payments

16-1684 • MUNILLA CONSTRUCTION MANAGEMENT, LLC v. USA

Filed 01/10/2017
REPORTED OPINION on MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by MUNILLA CONSTRUCTION MANAGEMENT, LLC. Signed by Judge Elaine D. Kaplan.

Keywords: re: Temporary Restraining Order; Likelihood of Success; Irreparable Harm; Bid Protest; 28 U.S.C. § 1491(b).

11-273 • SMALL v. USA

Filed 01/09/2017
REPORTED OPINION. Signed by Judge Marian Blank Horn.

Keywords: re: Reported Opinion: Equal Access to Justice Act, 28 U.S.C. § 2412; Attorneys Fees and Reasonable Expenses.

16-1056 • NYABWA v. USA

Filed 01/06/2017
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1) and (6). The Clerk is directed to enter judgment. Signed by Judge Marian Blank Horn. (ar) Copy to parties. [Tracking No. 7014 1200 0000 9093 5524]

Keywords: re: 28 U.S.C. § 1495; 28 U.S.C. § 2513; Motion to Dismiss; ProSe.

06-141 • SHELL OIL COMPANY et al v. USA

Filed 01/06/2017
REPORTED OPINION. Signed by Judge Susan G. Braden.

Keywords: re: Comprehensive Environmental Response,Compensation, and Liability Act, 42 U.S.C. § 9601 et seq.;Damages Caused By Breach Of Contract;Federal Rules of Evidence (FRE) 702 (Experts); Remand.

12-527 • RQ SQUARED, LLC v. USA

Filed 01/03/2017
REPORTED OPINION/ORDER issued under seal on 12/14/2016. No redactions were proposed by the parties. Thus, the sealed and public versions of this opinion are identical, except for the publication date and footnote 1. Signed by Senior Judge Lynn J. Bush.

Keywords: re: Reported Order, Implied-in-Fact Contract Claim; SecondRCFC 56(d) Request; Mere Speculation as to the Existence of AdditionalUndiscovered Relevant Facts; No Genuine Issues of Material Fact. (TQ)

16-81 • STRATEGIC BUSINESS SOLUTIONS, INC v. USA

Filed 01/03/2017
PUBLIC OPINION and ORDER on MOTION for Judgment on the Administrative Record. Signed by Judge Elaine D. Kaplan.

Keywords: re: Reported Opinion; Bid Protest; Solicitation Requirements; Redaction; Negotiated Procurement; Non-Conforming Proposal; Minor Informality or Irregularity.

16-427 • PARCEL 49C LIMITED PARTNERSHIP v. USA

Filed 01/03/2017
REDACTED MEMORANDUM OPINION and ORDER denying Motion for Judgment upon the Administrative Record; denying, as moot, [50] Motion to Dismiss - Rule 12(b)(1); granting [50] Motion for Judgment upon the Administrative Record; granting [51] Motion for Judgment upon the Administrative Record; granting [76] Motion for Leave to File Sur-Reply; denying [19] Motion to Supplement the Administrative Record; denying [20] Motion for Judgment on the Administrative Record; granting [31] Motion to Seal Document. Signed by Judge Lydia Kay Griggsby.

Keywords: Pre-Award Bid Protest; Judgment upon the Administrative Record, RCFC 52.1; Organizational Conflict of Interest; Supplementing the Administrative Record, re: Redacted Memorandum Opinion and Order.

11-492 • MERIDIAN ENGINEERING COMPANY v. USA

Filed 12/30/2016
REPORTED OPINION The Clerk is directed to enter judgment. Signed by Judge Susan G. Braden. (rgh) Copy to parties. Modified on 1/12/2017 - corrected pdf (jt1).

Keywords: re:41 U.S.C. §§ 601-613 (2006); 41 U.S.C. §§ 7101-7109 (2011) (Contract Disputes Act); 48 C.F.R. 31.105, 31.202, 31.203, 52.242-14, 52.243-4; Breach of Contract; Equitable Adjustment; Federal Rule of Evidence 702, 703 (Experts); Federal Rule of Evidence 802 (Hearsay); Show Cause Order.

15-378 • GLOBAL FREIGHT SYSTEMS CO. W.L.L v. USA

Filed 12/29/2016
REPORTED OPINION. Signed by Judge Mary Ellen Coster Williams. (TF3) Copy to parties.

Keywords: re: Fifth Amendment Taking; Breach of Contract; Third-Party Beneficiary; 28 U.S.C. § 1502; Discovery. (TF3)

14-704 • ALIMANESTIANU et al v. USA

Filed 12/29/2016
REPORTED OPINION granting Motion for Summary Judgment; denying [31] Motion for Partial Summary Judgment. The Clerk is directed to enter judgment. Signed by Judge Mary Ellen Coster Williams. (TF3) Copy to parties.

Keywords: re: Fifth Amendment Taking; Nonfinal Judgment; Property Interest; Settlement and Espousal of Claims Against Libya; Per se Taking; Regulatory Taking; Penn Central factors. (TF3)

15-1572 • GLENN-COLUSA IRRIGATION DISTRICT v. USA

Filed 12/22/2016
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1) The Clerk is directed to enter judgment. Signed by Senior Judge Nancy B. Firestone.

Keywords: re: Subject matter jurisdiction; Flood Control Act of 1970; divestment of Tucker Act jurisdiction

01-591 • KLAMATH IRRIGATION, et al v. USA

Filed 12/21/2016
REPORTED OPINION denying Motion in Limine; granting [411] Cross Motion. Signed by Judge Marian Blank Horn.

Keywords: re: Order on Motion in Limine, Order on Cross Motion, Reported Opinion: Water Rights; Physical vs. Regulatory Takings; Endangered Species Act; Motions in Limine.

13-908 • SALINE ASSOCIATES NO. 1 et al v. USA

Filed 12/21/2016
REPORTED OPINION The Clerk is directed to enter judgment for defendant. Signed by Senior Judge Eric G. Bruggink.

Keywords: re: Reported Opinion: Section 515; Breach of Contract; Taking; Statute of limitations; Claim Accrual. (WT)

16-687 • ASI CONSTRUCTORS, INC. v. USA

Filed 12/20/2016
REPORTED OPINION denying Motion to Dismiss - Rule 12(b)(1) and (6). Signed by Judge Elaine D. Kaplan.

Keywords: re: Subject Matter Jurisdiction; Contract Disputes Act; Differing Site Conditions; Misrepresentation; Covenant of Good Faith and Fair Dealing; Breach of Contract.

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