USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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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).

16-310 • MCCORD v. USA

Filed 07/10/2018
REPORTED OPINION The Clerk is directed to enter judgment. Signed by Judge Elaine D. Kaplan. (bh) Service on parties made.

Keywords: re: Military Records Correction; Remand; RCFC 52.2(f)(1); Army Board for Correction of Military Records; Back Pay; 38 U.S.C. § 5304; Concurrent Receipt Prohibition; Health Insurance Premiums; Out-of-Pocket Costs; TRICARE.

17-1142 • CAMPBELL v. USA

Filed 07/09/2018
REPORTED OPINION AND ORDER: Granting Motion to Dismiss - Rule 12(b)(1); Granting [18] Motion for Judgment on the Administrative Record; The Clerk is directed to enter judgment. Signed by Judge Charles F. Lettow. U.S. Certified Mail Tracking# 7012 3460 0001 7791 7982(vds) Service on parties made.

Keywords: Military pay case; entitlement to retirement pay; service as an Army reservist; jurisdiction; computation of retirement points.

17-1875 • GLOBAL DYNAMICS, LLC v. USA

Filed 07/05/2018
REPORTED OPINION of the court's opinion issued under seal in this matter on June 28, 2018, ECF No. [84]. 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 Judge Patricia E. Campbell-Smith. (TQ) Service on parties made.

Keywords: re: Reported Order, Bid Protest; Sole-Source Bridge Contract; Permanent Injunctive Relief, 28 U.S.C. § 1491(b)(2) (2012). (TQ)

17-9002 • IN RE DOWNSTREAM ADDICKS AND BARKER (TEXAS) FLOOD-CONTROL RESERVOIRS v. USA

Filed 07/03/2018
REPORTED SCHEDULING ORDER GOVERNING PRODUCTION OF ELECTRONICALLY STORED INFORMATION.. Signed by Chief Judge Susan G. Braden. (cn) Service on parties made.

17-9002 • IN RE DOWNSTREAM ADDICKS AND BARKER (TEXAS) FLOOD-CONTROL RESERVOIRS v. USA

Filed 07/02/2018
REPORTED SCHEDULING ORDER (Establishing Discovery and Pre-Trial Deadlines): including Fact Discovery due by 10/5/2018, Exchange of Expert Reports due by 11/5/18, Expert Discovery due by 12/7/2018, Statement of Material Facts to Support Motion for Summary Judgment due by 1/11/2019, Response to Statement of Material Facts due by 1/18/2019, Joint Certification due by 3/8/2019, and Pre-Trial Memorandum of Law due by 3/25/2019. Signed by Chief Judge Susan G. Braden. (cn) Service on parties made.

15-155 • ALTERNATIVE CARBON RESOURCES, LLC v. USA

Filed 07/02/2018
REPORTED OPINION denying Motion to Stay Execution of Judgment Pending Appeal. Signed by Judge Margaret M. Sweeney. (pp) Service on parties made.

Keywords re: Order on Motion to Stay, Reported Opinion -- Motion to Stay Execution of Judgment Pending Appeal; Hilton; Standard Havens; Dillon; Likelihood of Success on the Merits; Substantial Case; Balance of Harms.

18-272 • QUANTUM RESEARCH INTERNATIONAL, INC. v. USA

Filed 06/29/2018
REPORTED OPINION (Reissuance of June 14, 2018 opinion). Signed by Senior Judge Eric G. Bruggink. (wr) Service on parties made.

Keywords: re: Reported Opinion: Bid protest; post-protest corrective action; 28 U.S.C. §1491(b)(1) (2012);instructions in request for quotation; unequal evaluation.

16-1624 • CASTILLO v. USA

Filed 06/29/2018
REPORTED OPINION: denying Motion for Partial Summary Judgment; granting [25] Cross Motion;The Clerk is directed to enter judgment. Signed by Senior Judge Marian Blank Horn. (vhc) Service on parties made.

Keywords: Motion for Partial Summary Judgment; Takings Claim; Trails Act, 16 U.S.C. § 1241 et seq.; Florida Law; Center Line Presumption.

17-1931 • MENENDEZ et al v. USA

Filed 06/29/2018
REPORTED OPINION: denying Motion for Summary Judgment; granting [21] Cross Motion. The Clerk is directed to enter judgment. Signed by Senior Judge Marian Blank Horn. (vhc) Service on parties made.

Keywords: Motion for Partial Summary Judgment; Takings Claim; Trails Act, 16 U.S.C. § 1241 et seq.; Florida Law; Center Line Presumption.

15-986 • BRATCHER et al v. USA

Filed 06/29/2018
OPINION AND ORDER granting in part and denying in part Supplemental Motion for Attorney Fees; finding as moot [121] Motion for Leave to File Response. Final Bill of Costs due by 7/23/2018. The Clerk is directed to enter judgment in accordance with this Opinion. Signed by Judge Elaine D. Kaplan. (bl) Service on parties made.

Keywords: re: Reported Opinion; Rails-to-Trails Conversion; Fifth Amendment; Takings Clause; Uniform Relocation Act; Attorney Fees; Supplemental Motion.

13-942 • DAVIDSON v. USA

Filed 06/29/2018
REPORTED OPINION Status Report due by 7/27/2018. Signed by Senior Judge Eric G. Bruggink. (jpk1) Service on parties made.

Keywords: re: Reported Opinion: Copyright infringement; 28 U.S.C. § 1498(b); Originality; Fair use; 17 U.S.C. § 107; Flat fee license; Running royalty; Mixed license.

16-314 • 1100 W. EWING ASSOC, LLC v. USA

Filed 06/27/2018
REPORTED OPINION denying Motion for Partial Summary Judgment; granting [30] Cross Motion for Summary Judgment; finding as moot [33] Cross Motion. The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler. (mg) Service on parties made.

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

15-843 • BROOKS et al v. USA

Filed 06/27/2018
REPORTED OPINION granting in part and denying in part Motion for Partial Summary Judgment; granting in part and denying in part [95] Motion for Summary Judgment. Joint Status Report due by 7/13/2018. Signed by Judge Margaret M. Sweeney. (kb1)

Keywords: re: Reported Opinion on Motion for Partial Summary Judgment, Order on Motion for Summary Judgment -- Rails-to-Trails; Fifth Amendment Taking; Threshold Title Issues; Centerline Presumption Under North Carolina Law; Intervening Public Road

17-1938 • IDEOGENICS LLC v. USA

Filed 06/26/2018
REPORTED MEMORANDUM OPINION AND FINAL ORDER (PUBLIC VERSION); granting in part and denying in part Motion to Redact [42] Memorandum Opinion And Final Order, filed under seal June 20, 2018. Signed by Chief Judge Susan G. Braden. (bs) Service on parties made.

Keywords: re: Memorandum Opinion And Final Order (Public Version): 5 U.S.C. § 706 (Administrative Procedure Act, Scope of Judicial Review); 15 U.S.C. §§ 632(a)(2)(A) (Establishment of Size Standards), 637(a)(1)(B) (Section 8(a) Program); 28 U.S.C. § 1491(b)(1) (United States Court of Federal Claims Bid Protest Jurisdiction); 13 C.F.R. §§ 121.103(a)(1)(5) (General Principles Of Affiliation), (h)(4) (Ostensible Subcontractor Rule), 121.1003 (Where Should A Size Protest Be Filed?), 121.1008(d), 121.1009(b) (Basis For Determination), (c) (Burden Of Persuasion), (d) (Weight Of Evidence), (e) (Formal Size Determination), 134.205 (The Appeal File, Confidential Information, And Protective Orders) 134.225 (The Record), 134.306 (Transmission Of The Case File And Solicitation), 134.108(a) (Limitation On New Evidence), 134.314 (Standard Of Review); 48 C.F.R. §§ 9.103(a)-(b) (Policy), 9.104-1 (General Standards), 9.104-2 (Special Standards), 52.219-14 (Limitations On Subcontracting), 52.222-17 (Nondisplacement Of Qualified Workers); Exec. Order. 13495, 74 FED. REG. 6,103 (Feb. 4, 2009); Federal Acquisition Regulation; Nondisplacement of Qualified Workers Under Service Contracts, 77 FED. REG. 75,766 (Dec. 21, 2012); Rules Of The United States Court Of Federal Claims 5.4(b) (Length), 24(a) (Intervention Of Right), 52.1 (Motion For Judgment On The Administrative Record); Service Contract Act of 1965, Pub. L. No. 89-286, 79 Stat. 1034 (codified as amended at 41 U.S.C. §§ 6701-6707 (2012).

17-9002 • IN RE DOWNSTREAM ADDICKS AND BARKER (TEXAS) FLOOD-CONTROL RESERVOIRS v. USA

Filed 06/26/2018
REPORTED ORDER: Government Status Report due by 5:00 p.m. (EDT) on 6/26/2018; Plaintiffs Status Report due by 5:00 p.m. (EDT) on 6/26/2018. Status Conference set for 6/29/2018 01:00 PM in Chambers (Telephonic) before Chief Judge Susan G. Braden. Signed by Chief Judge Susan G. Braden. (cn) Service on parties made.

15-732 • AKPENEYE et al v. USA

Filed 06/25/2018
Reported Opinion denying Motion for Summary Judgment as well as granting in part and denying in part [37] Motion for Summary Judgment. The parties shall file a joint status report suggesting further proceedings by no later than 7/13/2018. Signed by Judge Margaret M. Sweeney.

Keywords: re: Order on Motion for Summary Judgment,,,, Reported Opinion, -- Motions for Partial Summary Judgment; Fair Labor Standards Act; Bona Fide Meal Break; Portal-to-Portal Act; Donning and Doffing; Overtime; Police Officers

18-846 • SVD STARS II, LLC v. USA

Filed 06/22/2018
REPORTED OPINION Denying Motion for TRO and/or Preliminary Injunction. Signed by Judge Elaine D. Kaplan. (bl) Service on parties made. (Main Document 21 replaced on 6/22/2018 to correct error in PDF)

Keywords: re: Reported Opinion; Bid Protest; Temporary Restraining Order; Preliminary Injunction; Competition in Contracting Act; De Facto Override of Stay; 31 U.S.C. § 3553.

18-184 • BRESTLE v. USA

Filed 06/22/2018
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1). Plaintiff's complaint is dismissed. The Clerk is directed to enter judgment. Signed by Senior Judge Marian Blank Horn. (ar) Service on parties made. [Sent via certified mail: 7012 3460 0001 7791 8255]

Keywords: re: Motion to Dismiss; Subject Matter Jurisdiction; Pro Se Plaintiff; In Forma Pauperis; Tort; Criminal Jurisdiction; Eighth Amendment to the United States Constitution; Freedom of Information Act.

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