USCFC General Jurisdiction-Reported

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17-1100 • TERRY v. USA

Filed 07/31/2019
REPORTED ORDER and Opinion granting in part and denying in part Motion for Judgment on the Administrative Record; granting in party and denying in part [31] Response and Cross-Motion. This case is hereby remanded to the Army Board for Correction of Military Records for a period not to exceed six months from the date that this order is served on the board. The Clerk of Court is directed to serve a certified copy of this remand order and opinion on the Army Board for Correction of Military Records.. Signed by Senior Judge Eric G. Bruggink. (jpk1) Service on parties made.

Keywords: re: Order and Opinion on Motion for Judgment on the Admin. Record: Military Pay; Failure to promote; Wrongful discharge; Administrative review; Army Board for Correction of Military Records; Arbitrary and capricious; Promotion Selection Board; Special Selection Board; OMPF; General Officer Memorandum of Reprimand; Material error; Education requirement waiver; Remand.

15-1059 • WILLIAMS v. USA

Filed 07/31/2019
**RE-DOCKETED FOR ADMINISTRATIVE PURPOSES** REPORTED OPINION denying Motion for Summary Judgment; granting [57] Motion for Summary Judgment. Signed by Senior Judge Marian Blank Horn. (dls) Service on parties made.

Keywords: re: Summary Judgment; Breach of Contract; Settlement Agreement.

19-332 • MISSION1ST GROUP, INC. v. USA

Filed 07/29/2019
PUBLIC OPINION. The Clerk is directed to enter judgment. Signed by Judge Elaine D. Kaplan. (feb) Service on parties made.

Keywords re [39]: Bid Protest; IDIQ; U.S. Army; Cost Realism Analysis; FAR 15.404 1; Probable Cost Adjustment; Clarification; Clerical Error Reported Opinion

18-1880 • ORACLE AMERICA, INC. v. USA

Filed 07/26/2019
REPORTED OPINION (Reissuance of July 19, 2019 Sealed Opinion). Signed by Senior Judge Eric G. Bruggink. (wr) Service on parties made.

Keywords: re: Reported Opinion: Pre-award bid protest; 10 U.S.C. § 2304a(d)(3)-(4) (2012); 48 C.F.R. § 16.504(c) (2018); single award determination; gate criteria; qualification requirement; individual conflict of interest; organizational conflict of interest.

19-236 • HIRSCH v. USA

Filed 07/25/2019
REPORTED ORDER Denying Motion to Supplement the Administrative Record. Signed by Judge Richard A. Hertling. (ag) Service on parties made.

18-606 • ROSEBERRY-ANDREWS v. USA

Filed 07/24/2019
REPORTED OPINION. Defendant's Motion to Dismiss - Rule 12(b)(1) and (6); is GRANTED. In addition, plaintiff's [13] Cross Motion for summary judgment is DENIED as moot. The Clerk is directed to ENTER final judgment DISMISSING plaintiff's complaint for lack of subject matter jurisdiction, without prejudice. Signed by Judge Patricia E. Campbell-Smith. (hw1) Service on parties made. Plaintiff served via Certified Mail, Article Number 7018 0040 0001 1393 1792.

Keywords: Motion to Dismiss; Lack of Subject Matter Jurisdiction; RCFC 12(b)(l ); Military Whistleblower Protection Act; 10 U.S.C. § 1034 (2012); Administrative Procedure Act; 5 U.S.C. § 702 (2012); Statute of Limitation; 28 U.S.C. § 2501 (2012).

13-1025 • WEEKS v. USA

Filed 07/24/2019
REPORTED OPINION. The clerk is directed to enter judgment. Signed by Chief Judge Margaret M. Sweeney. (pp) Service on parties made.

Keywords: Trial; Breach of Contract; Oral Agreement; Necessary Authority; Ratification.

18-476 • LANDRETH v. USA

Filed 07/24/2019
REPORTED OPINION. The defendant's Motion to Dismiss - Rule 12(b)(1) and (6), is GRANTED. The clerk's office is directed to ENTER final judgment DISMISSING plaintiff's amended complaint, without prejudice. Signed by Judge Patricia E. Campbell-Smith. (hw1) Service on parties made. Plaintiff served via Certified Mail [7018 0040 0001 1393 4878]

Keywords: Motion to Dismiss; Lack of Subject Matter Jurisdiction; RCFC 12(b)(l ).

19-932 • PERATON, INC v. USA

Filed 07/22/2019
REPORTED OPINION & ORDER originally filed under seal on July 17, 2019, see ECF No. [33], denying Motion for TRO; granting in part and denying in part [6] Motion for Preliminary Injunction. The United States, by and through the Department of the Air Force, its officers, agents, and employees, is hereby PRELIMINARILY ENJOINED from awarding a contract under Request for Proposal No. FA8818-18-R-0021 as a result of the corrective action now underway, until further order of the court. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made.

Keywords: re: Reported Opinion & Order. Post-Award Bid Protest; Sole-Source Bridge Contract; Sustained GAO Bid Protest and Agency Corrective Action; Allegation of Bad Faith Conduct; Request for Preliminary Injunction Granted in Part. (TQ)

19-873 • WALBY v. USA

Filed 07/19/2019
OPINION AND ORDER: The Court dismisses Ms. Walby's complaint, sua sponte, for lack of subject-matter jurisdiction and for failure to state a claim upon which relief can be granted. The Clerk is directed to enter judgment. Signed by Chief Judge Margaret M. Sweeney. U.S. Postal Service Certified Mail Receipt# 7018 0040 0001 1393 1396(vds) Service on parties made.

Keywords: Pro Se Plaintiff; Sua Sponte Dismissal; Sovereign Citizen; Tax Protestor; Residency; Substantial Presence Test.

19-792 • ALASKA STRUCTURES, INC. v. USA

Filed 07/19/2019
REPORTED OPINION & ORDER reissuing without redaction, granting in part and denying in part [20] Plaintiff's Motion to Complete the Administrative Record. Signed by Senior Judge Charles F. Lettow.

Keywords: re: Post-award bid protest; motion to complete or supplement the administrative record; procurement of a commercial item under streamlined procedures; FAR Parts 12 and 13; inconsistency between bid and product literature; required production of test results.

18-1880 • ORACLE AMERICA, INC. v. USA

Filed 07/12/2019
REPORTED ORDER denying Motion for Judgment on the Administrative Record; denying [80] Motion for Judgment on the Administrative Record; granting [84] Cross Motion; granting [86] Cross Motion. Entry of final judgment is deferred pending the issuance of the supporting opinion. Signed by Senior Judge Eric G. Bruggink. (wr) Service on parties made.

16-1090 • SHARIFI v. USA

Filed 07/11/2019
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1) and (6) The Clerk is directed to enter judgment. Signed by Senior Judge Bohdan A. Futey. (aa) Service on parties made.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1) and (6), Reported Opinion Takings Clause; Act of State Doctrine; Real Property; Cognizable Property Interests; Foreign Law.

18-1751 • VETERAN TECHNOLOGY INTEGRATORS, LLC v. USA

Filed 07/10/2019
REPORTED MEMORANDUM OPINION AND ORDER granting the government's Motion to Dismiss; denying as moot plaintiff's Motion for Judgment on the Administrative Record; denying as moot the government's Motion for Judgment on the Administrative Record; and dismissing the complaint. Signed by Judge Lydia Kay Griggsby. (jp) Service on parties made. Modified on 7/12/2019 - corrected minor typographical error(jt1).

Keywords: Post-Award Bid Protest; Judgment Upon the Administrative Record; RCFC 52.1; Injunctive Relief; Standing; Waiver; Subject-Matter Jurisdiction; RCFC 12(b)(1), re: Reported Memorandum Opinion and Order.

19-165 • PTC, INC. v. USA

Filed 07/10/2019
REPORTED MEMORANDUM OPINION AND ORDER. Signed by Judge Lydia Kay Griggsby. (rdb) Service on parties made.

Keywords: Post-Award Bid Protest; Judgment Upon The Administrative Record; RCFC 52.1; Injunctive Relief; RCFC 65; Standing; Subject-Matter Jurisdiction; Motion To Dismiss; RCFC 12(b)(1), re: Reported Memorandum Opinion and Order.

19-187 • TELOS IDENTITY MANAGEMENT SOLUTIONS, LLC v. USA

Filed 07/09/2019
REPORTED OPINION. Signed by Senior Judge Loren A. Smith. (dp) Service on parties made.

Keywords: re: Reported Opinion. Post-Award Bid Protest; Judgment on theAdministrative Record.

18-1803 • MARK DUNNING INDUSTRIES, INC. v. USA

Filed 07/08/2019
REPORTED OPINION and ORDER denying Plaintiff's Motion for Relief from Judgment. Signed by Senior Judge Charles F. Lettow.

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

Filed 07/03/2019
REPORTED OPINION & ORDER originally issued on June 12, 2019, see [91], granting in part, as to plaintiffs' undisputed claims and denying in part, as to plaintiffs' request for the entry of partial final judgment, Motion for Partial Summary Judgment. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made.

Keywords: re: Reported Opinion. Summary Judgment; RCFC 56; Entry of Partial Final Judgment; RCFC 54(b); Spent Nuclear Fuel. (TQ)Keywords: re: [96] Reported Opinion. Summary Judgment; RCFC 56; Partial Breach of Contract; Spent Nuclear Fuel; Rate of Return Offset; Cask Loading Costs; Construction Claim; Damages; Collateral Estoppel. (TQ)

14-167 • GEORGIA POWER COMPANY v. USA

Filed 07/03/2019
REPORTED OPINION & ORDER originally issued under seal on June 12, 2019, see [93], denying Motion for Partial Summary Judgment; denying [79] Cross Motion. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made.

Keywords: re: Reported Opinion. Summary Judgment; RCFC 56; Entry of Partial Final Judgment; RCFC 54(b); Spent Nuclear Fuel. (TQ)Keywords: re: [96] Reported Opinion. Summary Judgment; RCFC 56; Partial Breach of Contract; Spent Nuclear Fuel; Rate of Return Offset; Cask Loading Costs; Construction Claim; Damages; Collateral Estoppel. (TQ)

14-167 • GEORGIA POWER COMPANY v. USA

Filed 07/03/2019
REPORTED OPINION & ORDER originally issued under seal on June 12, 2019, see granting in part, as to plaintiffs' undisputed claims and denying in part, as to plaintiffs' request for the entry of partial final judgment, [76] Motion for Partial Summary Judgment. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made.

Keywords: re: Reported Opinion. Summary Judgment; RCFC 56; Entry of Partial Final Judgment; RCFC 54(b); Spent Nuclear Fuel. (TQ)Keywords: re: [96] Reported Opinion. Summary Judgment; RCFC 56; Partial Breach of Contract; Spent Nuclear Fuel; Rate of Return Offset; Cask Loading Costs; Construction Claim; Damages; Collateral Estoppel. (TQ)

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