USCFC General Jurisdiction-Reported
U.S. Court of Federal Claims Opinions
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17-9002 • IN RE DOWNSTREAM ADDICKS AND BARKER (TEXAS) FLOOD-CONTROL RESERVOIRS v. USA
REPORTED CASE MANAGEMENT ORDER #5 granting in part and denying in part Motion to Amend Schedule(Initial Fact Sheet due by 1/30/2018., Joint Short Form Complaint due by 2/2/2018.). Signed by Chief Judge Susan G. Braden. (Attachments: # (1) Exhibit Initial Fact Sheet)(cn) Service on parties made.
15-658 • ANORUO v. USA
REPORTED OPINION and ORDER granting Motion to Dismiss - Rule 12(b)(1) and (6). The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler. (ar) Service on parties made. [Sent via certified mail: 7016 3010 0000 4308 3730]
17-1977 • HESCO BASTION LTD. v. USA
REPORTED OPINION granting judgment on the administrative record for defendant and defendant-intervenor and denying motion for preliminary injunction as moot. Signed by Judge Elaine D. Kaplan. (bh) Service on parties made.
Keywords: re: Bid Protest; Corrective Action; Agency Needs; Reasonable Under the Circumstances.
17-1175 • ROHLAND v. USA
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1) The Clerk is directed to enter judgment. Signed by Judge Margaret M. Sweeney. (ac7) Service on parties made.
Keywords: Pro Se Plaintiff; RCFC 12(b)(l); RCFC 12(b)(6); Subject Matter Jurisdiction; Failure to State a Claim Upon Which Relief Can Be Granted; Civil Rights; Tort; Money-Mandating Provision of Law; Collateral Attack; Pleading Standards; Breach of Contract; Takings Clause of the Fifth Amendment; Patent Infringement; 28 U.S.C. § 1500
16-709 • BASSETT, NEW MEXICO LLC v. USA
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1) The Clerk is directed to enter final judgment for defendant DISMISSING plaintiff's amended complaint, without prejudice. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made.
Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1). Reported Opinion. Takings; Claim Alleging Denial of Access to Real Property; RCFC 12(b)(1); Claim Not Ripe Where No Application for Right-of-Way Completed. (TQ)
17-663 • EVIDEO INCORPORATED, et al.v. USA
REPORTED MEMORANDUM OPINION AND ORDER: granting-in-part Motion to Dismiss - Rule 12(b)(1) and (6) and dismissing the complaint. The Clerk is directed to enter judgment. Signed by Judge Lydia Kay Griggsby. (atw) Service on parties made.
Keywords: Rule 12(b)(1); Subject-Matter Jurisdiction; Rule 12(b)(6); Failure to State a Claim; Res Judicata; Implied-In-Law Contract, re: REPORTED MEMORANDUM OPINION AND ORDER on Motion to Dismiss - Rule 12(b)(1) and (6).
09-103 • HAGGART et al v. USA
REPORTED OPINION and ORDER granting plaintiffs' motion for approval of the settlement. The Clerk is directed to enter judgment under RCFC 54(b). Signed by Judge Charles F. Lettow. (kw)REPORTED OPINION and ORDER granting plaintiffs' motion for approval of the settlement. The Clerk is directed to enter judgment under RCFC 54(b). Signed by Judge Charles F. Lettow.
Keywords: re: Rails-to-trails takings case; fairness of settlement of class action; RCFC 23(e)
14-548 • BAKER et al v. USA
REPORTED OPINION--Motion to Seal denied. Clerk will strike [77-8] and [79] filings. Plaintiffs will file complete Exhibit 7 to [77] Motion for Attorneys Fees, by 1/29/18. Signed by Senior Judge Robert H. Hodges, Jr.
17-685 • TENERIFE REAL ESTATE HOLDINGS, LLC et al v. USA
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1). The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler. (mg) Service on parties made.
Keywords: re: Motion to Dismiss for Lack of Subject Matter Jurisdiction; RCFC 12(b)(1); Federal Deposit Insurance Corporation; 12 U.S.C. 1819(b)(1); 28 U.S.C. § 1345; Financial Institutions Reform, Recovery, and Enforcement Act of 1989; 12 U.S.C. § 1821.
17-1662 • ZEIDMAN TECHNOLOGIES, INC. v. USA
Docketed for Administrative Purposes REPORTED OPINION AND ORDER granting in part and denying in part 17 Application for Access to Protected Material as well as defendant's motion to deny Mr. Zeidman's application for access 18. Mr. Zeidman's application for access to protected material, 17, is hereby DENIED in part, as to access to certain pages set forth in defendant's modified request which are specifically identified below, and is otherwise GRANTED; and Defendant's motion to deny Mr. Zeidman's application, 18, is hereby GRANTED in part, so that Mr. Ziedman shall have limited access to the administrative record and is otherwise DENIED. The following pages of the administrative record remain under seal and are RESTRICTED from Mr. Zeidmans view: AR 435-651; AR 679-848; AR 867-886; AR 962-973; and, AR 1202-1208. On or before 1/23/2018, defendant shall FILE a redacted version of the administrative record under seal on the docket in this matter which shall meet the requirements set forth herein to allow plaintiff's counsel to provide this redacted version to Mr. Zeidman for review. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made. (Entered: 01/19/2018)
Keywords: re: Reported Opinion - Application for Access to ProtectedMaterial; RCFC, App. C, Section 18.
17-825 • SCIENCE APPLICATIONS INTERNATIONAL CORP. v. USA
REPORTED ORDER denying Motion to Dismiss - Rule 12(b)(6); on [8] MOTION to Dismiss pursuant to Rule 12(b)(6) filed by USA. Signed by Senior Judge Eric G. Bruggink. (wr) Service on parties made. ew
Keywords: re: Patents; motion to dismiss for patent-ineligible subject matter; 35 U.S.C. § 101 (2012); whether plaintiffs claims are directed to an abstract idea
17-1758 • MITCHELL v. USA
REPORTED OPINION granting Motion for Leave to Proceed in forma pauperis; granting [7] Motion to Dismiss - Rule 12(b)(1) and (6) The Clerk is directed to enter judgment. Signed by Judge Elaine D. Kaplan. U.S. Postal Service Certified Mail Receipt # 7017 1450 0000 1346 4261(vds) Service on parties made.
Keywords:Keywords: Pro Se Complaint; Subject Matter Jurisdiction; Equitable Relief; Money-Mandating; Sovereign Citizen.
15-1081 • SHIELDS et al v. USA
REPORTED OPINION denying Motion for Summary Judgment and granting [30] Cross-Motion for Summary Judgment. The clerk is directed to enter judgment. Signed by Judge Margaret M. Sweeney. (pp) Service on parties made.
Keywords re: Reported Opinion -- Cross-Motions for Summary Judgment; RCFC 56; Tax Refund; Capital Loss; Theft Loss; Substantial Variance; Informal Claim; Waiver; General Claim; Germaneness; Quasi-Estoppel; Duty of Consistency.
17-1348 • CENTERRA GROUP, LLC v. USA
REPORTED OPINION reissuing **SEALED** OPINION and ORDER for publication. Signed by Judge Margaret M. Sweeney. (kb1)
Keywords: re: Reported Opinion - Postaward Bid Protest; Cross-Motions for Judgment on the Administrative Record; Standing; Evaluation of Technical and Price Proposals; Tradeoff Analysis
17-445 • BULLOCK v. USA
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1)-Lack of Subject Matter Jurisdiction. The court does not address the government's alternative request for dismissal under Rule 12(b)(6)-Failure to State a Claim because the court finds that it does not have subject matter jurisdiction over the complaint. No Costs. Signed by Senior Judge Nancy B. Firestone. (js) Service on parties made.
Keywords: re: Motion to Dismiss for Lack of Subject Matter Jurisdiction; RCFC 12(b)(1); Lack of authority to bind government; Failure to establish enforceable EEO Settlement Agreement
14-841 • AMPERSAND CHOWCHILLA BIOMASS, LLC et al v. USA
REPORTED OPINION denying Cross Motion; denying [19] Motion for Partial Summary Judgment. Signed by Judge Mary Ellen Coster Williams. (TF3) Service on parties made.
Keywords: re: Summary Judgment; American Recovery and Reinvestment Act, Pub. Law. No. 111-5, Div. B, tit. I, § 1603, 123 Stat. 115, 364-66; Open-Loop Biomass Facility; Grant; 26 U.S.C. §§ 45, 48; Statutory Interpretation; Placed in Service; Oglethorpe Factors; Treas. Reg. 1.46-3(d)(1). (TF3)
13-75 • FARZAM v. USA
REPORTED OPINION dismissing case and denying as moot Motion to Withdraw as Attorney. The Clerk is directed to enter judgment. Signed by Chief Judge Susan G. Braden. (jf) Service on parties made.
Keywords: re: Rule of the United States Court of Federal Claims 25(a)(1) and 41(b).
15-68 • UNITED STATES ENRICHMENT CORPORATION v. USA
REPORTED OPINION Granting in part and denying in part Motion for Partial Summary Judgment; granting in part and denying in part [49] Cross Motion. Parties shall file a joint status report by 2/12/2018. Signed by Senior Judge Nancy B. Firestone. (js) Service on parties made.
Keywords: re: Partial Summary Judgment; Privatization Act, 42 U.S.C. § 2297(h); CAS 413-50(c)(12), 48 C.F.R. § 9904.413-50(c)(12); Segment Closing; Allocation of Assets and Liabilities; CAS 413-50(c)(5), 48 C.F.R. §9904.413-50(c)(5), Adjustment for Post-Retirement Health Benefits, FAR 52.216-7, 48 C.F.R. 52.216-7.
14-251 • BISHOP HILL ENERGY LLC v. USA
REISSUED OPINION--Filed this date, unsealed. Signed by Senior Judge Robert H. Hodges, Jr.
Keywords: re: Reissued Opinion: Motion for Summary Judgment; Renewable Energy Facilities; Department of Treasury Section 1603 Grants; Internal Revenue Code of 1986, Section 48; The American Recovery and Reimbursement Tax Act of 2009
14-250 • CALIFORNIA RIDGE WIND ENERGY LLC v. USA
REISSUED OPINION--Filed this date, unsealed. Signed by Senior Judge Robert H. Hodges, Jr.
Keywords: re: Reissued Opinion: Motion for Summary Judgment; Renewable Energy Facilities; Department of Treasury Section 1603 Grants; Internal Revenue Code of 1986, Section 48; The American Recovery and Reimbursement Tax Act of 2009
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