USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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15-370 • OPEN SPIRIT, LLC, v. USA

Filed 04/28/2017
REPORTED OPINION. The Clerk is directed to enter judgment. Signed by Judge Mary Ellen Coster Williams. (TF3) Copy to parties.

Keywords: re: Bid Protest; Out-Grant Lease; Cancellation of Request for Proposals; 28 U.S.C. § 1491(b)(1); 5 U.S.C. § 706; 10 U.S.C. § 2667; 41 U.S.C. § 111; Bad Faith. (TF3)

13-465 • FAIRHOLME FUNDS, INC. et al v. USA

Filed 04/28/2017
REPORTED OPINION denying Motion for Leave to File Amicus Brief. Signed by Judge Margaret M. Sweeney. (pp) Copy to parties. Copy served on Mr. Sammons by first class mail.

Keywords re: Order on Motion for Leave to File Amicus Brief, Reported Opinion -- Amicus Curiae Brief; Fifth Amendment Takings; Separation of Powers Doctrine; Public Rights Doctrine; Constitutional Jurisdiction.

13-779 • DEMONS et al v. USA

Filed 04/27/2017
REPORTED FINAL MEMORANDUM OPINION and ORDER on Unopposed MOTION to Amend/Correct [44] Unopposed MOTION for Settlement filed by WENDALE TUBBS, JENNIE HARRIS, GLADYS FOWLER, COLLEEN REILLY, LAURA FOREMAN, ELOUISE CHEEKREPORTED FINAL MEMORANDUM OPINION and ORDER on [47] Unopposed MOTION to Amend/Correct [44] Unopposed MOTION for Settlement filed by WENDALE TUBBS, JENNIE HARRIS, GLADYS FOWLER, COLLEEN REILLY, LAURA FOREMAN, ELOUISE CHEEKS, CILICIA A. DEMONS, [44] Unopposed MOTION for Settlement filed by WENDALE TUBBS, JENNIE HARRIS, GLADYS FOWLER, COLLEEN REILLY, LAURA FOREMAN, ELOUISE CHEEKS, CILICIA A. DEMONS REPORTED OPINION on [47] Unopposed MOTION to Amend/CoS, CILICIA A. DEMONS, [44] Unopposed MOTION for Settlement filed by WENDALE TUBBS, JENNIE HARRIS, GLADYS FOWLER, COLLEEN REILLY, LAURA FOREMAN, ELOUISE CHEEKS, CILICIA A. DEMONS REPORTED OPINION on [47] Unopposed MOTION to Amend/Correct [44] Unopposed MOTION for Settlement filed by WENDALE TUBBS, JENNIE HARRIS, GLADYS FOWLER, COLLEEN REILLY, LAURA FOREMAN, ELOUISE CHEEKS, CILICIA A. DEMONS, [44] Unopposed MOTION for Settlement filed by WENDrrect [44] Unopposed MOTION for Settlement filed by WENDALE TUBBS, JENNIE HARRIS, GLADYS FOWLER, COLLEEN REILLY, LAURA FOREMAN, ELOUISE CHEEKS, CILICIA A. DEMONS, [44] Unopposed MOTION for Settlement filed by WENDALE TUBBS, JENNIE HARRIS, GLADYS FOWLER, COLLEEN REILLY, LAURA FOREMAN, ELOUISE CHEEKS, CILICIA A. DEMONS The Clerk is directed to enter judgment. Signed by Chief Judge Susan G. Braden. (rgh) Copy to parties. (Main Document 48 replaced on 4/28ALE TUBBS, JENNIE HARRIS, GLADYS FOWLER, COLLEEN REILLY, LAURA FOREMAN, ELOUISE CHEEKS, CILICIA A. DEMONS The Clerk is directed to enter judgment. Signed by Chief Judge Susan G. Braden. (rgh) Copy to parties. (Main Document 48 replaced on 4/28/2017 to correct title of document.) (dls)./2017 to correct title of document.)

Keywords: re: Class Action Settlement, Voluntary Dismissal, or Compromise; RCFC 23(e). (rgh)Keywords: re: [48] Rule of the United States Court of Federal Claims ("RCFC") 23(e) (Settlement, Voluntary Dismissal, or Compromise).

17-129 • THE CONCOURSE GROUP, LLC v. USA

Filed 04/27/2017
REPORTED OPINION. Signed by Judge Thomas C. Wheeler.

Keywords: re: Post-Award Bid Protest; Standard of Review for Agencys Technical Evaluation of Proposals; Unstated Evaluation Criteria; Formal Requirements in a FAR Subpart 8.4 Procurement.

14-625 • CHICAGO COATING COMPANY, LLC v. USA

Filed 04/26/2017
REPORTED OPINION denying Motion for Summary Judgment; granting [29] Cross Motion. The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler.

Keywords: re: Rails-to-Trails Case; National Trails System Act, 16 U.S.C. 1241 (2006); Illinois Property Law; Deed Interpretation; Easement; Fee Simple.

15-348 • KANSAS CITY POWER & LIGHT CO. v. USA

Filed 04/26/2017
REPORTED OPINION granting in part and denying in part Motion to Compel; granting in part and denying in part [49] Motion to Quash; denying [53] Motion for Leave to Use Depositions. Signed by Judge Margaret M. Sweeney.

Keywords: re: Order on Motion to Compel, Order on Motion to Quash, Order on Motion for Miscellaneous Relief, Reported Opinion; RCFC 26; RCFC 34; RCFC 36; RCFC 37; Motion to Quash and for a Protective Order; RCFC 45; Motion for Leave to Use Depositions; RCFC 32.

08-610 • TEXTAINER EQUIPMENT MANAGEMENT LIMITED, ET AL. v. USA

Filed 04/25/2017
REPORTED ORDER granting in part and denying in part Motion for Attorney Fees; granting in part and denying in part [189] Motion for Attorney Fees. Proposed final judgment due by 5/12/2017. Signed by Senior Judge Nancy B. Firestone.

Keywords: re: Order on Motion for Attorney Fees; Reported Order; Attorneys Fees and Costs; Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA), 42 U.S.C. § 4654(c); RCFC 54(d).

16-1656 • GALLUP, INC. v. USA

Filed 04/25/2017
REPORTED OPINION: Status Report due by 5/17/2017. Signed by Judge Thomas C. Wheeler.

Keywords: re: Pre-Award Bid Protest; U.S. Special Operations Command; Inaccurate Administrative Record; Rule 11; Agency Misconduct; Conduct Warranting Sanctions.

15-1406 • HENDRICKSON et al v. USA

Filed 04/21/2017
MEMORANDUM OPINION AND ORDER denying motion for partial summary judgment; granting [25] motion for summary judgment; and DENYING [30] motion for oral argument. JSR due by 5/12/2017. Signed by Judge Lydia Kay Griggsby.

Keywords: re: Order on Motion for Partial Summary Judgment: Summary Judgment, RCFC 56; Breach of Contract; Annuity.

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)

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