USCFC General Jurisdiction-Reported

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16-826 • MINISTERIO ROCA SOLIDA, INC. v. USA

Filed 11/29/2016
REPORTED OPINION granting in part and denying in part Motion to Dismiss - Rule 12(b)(1). Signed by Judge Elaine D. Kaplan. (bl) Copy to parties. Modified on 12/5/2016 - corrected pdf(jt1). Modified on 12/6/2016 - corrected pdf(jt1).

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1); Reported Opinion; Takings Clause; Due Process Clause; 28 U.S.C. § 1500; Subject Matter Jurisdiction.

15-915 • LION FARMS, LLC v. USA

Filed 11/29/2016
REPORTED ORDER denying Motion to Dismiss - Rule 12(b)(1). Signed by Senior Judge Loren A. Smith.

15-938 • CIAPESSONI et al v. USA

Filed 11/29/2016
REPORTED ORDER granting in part and denying in part Motion to Dismiss - Rule 12(b)(1). Signed by Senior Judge Loren A. Smith.

15-1574 • HICKMAN v. USA

Filed 11/29/2016
REPORTED ORDER denying Motion to Dismiss - Rule 12(b)(1). Signed by Senior Judge Loren A. Smith.

14-388 • HARDY et al v. USA

Filed 11/28/2016
REPORTED OPINION (Status Report due by 12/16/2016) granting in part and denying in part Motion for Reconsideration. Signed by Judge Margaret M. Sweeney.

Keywords: re: Order on Motion for Reconsideration, Reported Opinion: RCFC 59(a)(1); Motion for Reconsideration; Deed; Interpretation of Deeds Under Georgia Law; Easement; Scope of Easement; Fee Simple; Adverse Possession; Claim of Right; Color of Title.

16-1113 • VETERANS ELECTRIC, LLC v. USA

Filed 11/23/2016
REPORTED ORDER reissuing SEALED OPINION and ORDER. Signed by Senior Judge Loren A. Smith.

15-587 • SUNOCO, INC. v. USA

Filed 11/22/2016
REPORTED OPINION granting Motion for Judgment on the Pleadings; denying [22] Motion for Summary Judgment. The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler.

Keywords: re: Tax Incentives for Alcohol Fuel Blends; Alcohol Fuel Mixture Credit; 26 U.S.C. §§ 6426, 6427; 26 U.S.C. § 87; Excise Tax; Cost of Goods Sold; Highway Trust Fund.

15-1532 • FINANCIAL & REALTY SERVICES, LLC, v. USA

Filed 11/21/2016
REPORTED ORDER granting in part and denying in part Motion to Dismiss - Rule 12(b)(6). Signed by Judge Margaret M. Sweeney.

Keywords re Order on Motion to Dismiss - Rule 12(b)(6), Reported Order: RCFC 12(b)(6); RCFC 10(c); Breach of Contract; Duty; Damages; Firm-Fixed-Price Task Order; Contract Interpretation.

03-2625 • ENTERGY GULF STATES, INC. v. USA

Filed 11/18/2016
REPORTED OPINION. The Clerk is directed to enter judgment. Signed by Judge Mary Ellen Coster Williams. (TF3) Copy to parties.

Keywords: re: Spent Nuclear Fuel; Partial Breach of Contract; Damages; Causation; Fuel Characterization Costs; High-Burn-Up Fuel. (TF3)

15-914 • CADDELL CONSTRUCTION COMPANY v. USA

Filed 11/17/2016
REPORTED OPINION. Signed by Judge Mary Ellen Coster Williams. (TF3) Copy to parties.

Keywords: re: Post-award Bid Protest; 28 U.S.C. § 1491(b)(1); Motion for Judgment on the Administrative Record; Lowest Priced Technically Acceptable Procurement; Subcontracting; Key Management Personnel; Responsiveness; Subcontractor Responsibility; 48 C.F.R. § 9.104-4. (TF3)

16-672 • RANDOLPH v. USA

Filed 11/16/2016
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1); granting [11] Motion for Judgment on the Administrative Record. The Clerk is directed to enter judgment.[USPS tracking: 7012 3460 0001 7791 8026] Signed by Judge Thomas C. Wheeler.

Keywords: re: Rule 12(b)(1) Motion to Dismiss; Motion for Judgment on the Administrative Record; Review of Military Board Decisions; Review of Court-Martial Conviction; Defendant. Defamation Claim.

15-1399 • SACCHETTI et al v. USA

Filed 11/16/2016
REPORTED OPINION granting Motion to Dismiss; granting [19] Motion to Dismiss; and denying [23] and [26] Motions to retain the Estate of Mark Joseph Sacchetti in Litigation of Case. The Clerk is directed to enter judgment. Signed by Judge Marian Blank Horn. (dls) Copy to parties. (Plaintiffs and Third-Party Defendant served via certified mail; Article Nos. 7014 1200 0000 9093 9812; 7014 1200 0000 9093 9805; 7014 1200 0000 9093 9799) (Main Document 29 replaced on 11/17/2016 to correct clerical error.)

Keywords: re: Pro Se; Statute of Limitations; Patent Infringement; Copyright; Substitution of Party After Death.

16-1038 • PROFESSIONAL SERVICE INDUSTRIES, INC. v. USA

Filed 11/15/2016
REPORTED OPINION Redacted Opinion granting Plaintiff's Motion for Judgment on the Administrative Record; denying Defendant's Motion for Judgment on the Administrative Record; and denying Defendant-Intervenor's Motion for Judgment on the Administrative Record. Signed by Judge Elaine D. Kaplan.

Keywords: re: Tucker Act; Bid Protest; Corrective Action; Agency Discretion; Reasonable Under the Circumstances.

16-678 • BOARHOG LLC v. USA

Filed 11/14/2016
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(6). The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler.

Keywords: re: Contract Disputes Act Claim; Termination for Convenience Clause; Motion to Dismiss; No Showing of Material Breach or Performance Costs. (ad).

16-829 • LEVEL 3 COMMUNICATIONS, LLC v. USA

Filed 11/14/2016
REPORTED ORDER granting Motion for TRO. Signed by Judge Susan G. Braden.

16-744 • LAND OF LINCOLN MUTUAL HEALTH INSURANCE COMPANY v. USA

Filed 11/10/2016
REPORTED OPINION granting Defendant's Motion for Judgment on the Administrative Record and Defendant's Motion to Dismiss. The government's motion for judgment on the administrative record is GRANTED with respect to Count I, and the government's motion to dismiss plaintiff's complaint pursuant to RCFC 12(b)(6) is GRANTED with respect to Counts II, III, IV, and V. Plaintiff's motion [20] and cross-motion [29] for judgment on the administrative record are DENIED. The clerk is directed to enter judgment in accord with this disposition. No costs. Signed by Judge Charles F. Lettow.

Keywords: Claim by qualified health insurance plan participating in a federally-run state Exchange to damages based upon statutory or regulatory entitlement to receive "risk-corridors" payments; Section 1342 of the Patient Protection and Affordable Care Act, 42 U.S.C. § 18062; 45 C.F.R. § 153.510; claims for damages based upon alleged breach of an express contract, an implied-in-fact contract, or an implied covenant of good faith and fair dealing; takings claim (MZ)

16-717 • EVANS v. USA

Filed 11/10/2016
REPORTED ORDER denying Motion for Discovery. Plaintiff's response to defendant's motion and any cross-motion for judgment on the administrative record due by 12/9/2016. Defendant's reply in support of its motion and its response to plaintiff's cross-motion for judgment on the administrative record due by 1/9/2017. Plaintiff's reply in support of his cross-motion for judgment on the administrative record due by 2/10/2017. Signed by Senior Judge Nancy B. Firestone.

Keywords: re: Order on Motion for Discovery; Reported Order; Motion for Discovery; RCFC 26; Supplementation of the Administrative Record.

16-784 • PALANTIR USG, INC. v. USA

Filed 11/09/2016
REPORTED OPINION. Signed by Judge Marian Blank Horn.

Keywords: re: Reported Opinion: Pre-Award Bid Protest; Cross-Motions for Judgment on the Administrative Record; Commercial Availability; 10 U.S.C. § 2377; Bad Faith; Supplementation to the Administrative Record; Permanent Injunction.

14-1228 • GUSC ENERGY, INC. v. USA

Filed 11/08/2016
REPORTED OPINION The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler. (gb) Copy to parties. (Main Document 58 replaced on 2/10/2017) (jt1).

Keywords: re: Grants Made Under the American Recovery and Reinvestment Act of 2009, Section 1603; Cogeneration Plants; Cost-Basis Allocation; Recapture.

15-1535 • NIPPON PAPER INDUSTRIES USA CO., LTD. v. USA

Filed 11/07/2016
REPORTED OPINION granting in part and denying in part Motion to Compel. Signed by Judge Thomas C. Wheeler.

Keywords: re: Motion to Compel Discovery; Section 1603 of ARRA; Non-Party Documents and Communications. (ad).

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