USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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12-527 • RQ SQUARED, LLC v. USA

Filed 01/03/2017
REPORTED OPINION/ORDER issued under seal on 12/14/2016. 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 Senior Judge Lynn J. Bush.

Keywords: re: Reported Order, Implied-in-Fact Contract Claim; SecondRCFC 56(d) Request; Mere Speculation as to the Existence of AdditionalUndiscovered Relevant Facts; No Genuine Issues of Material Fact. (TQ)

16-81 • STRATEGIC BUSINESS SOLUTIONS, INC v. USA

Filed 01/03/2017
PUBLIC OPINION and ORDER on MOTION for Judgment on the Administrative Record. Signed by Judge Elaine D. Kaplan.

Keywords: re: Reported Opinion; Bid Protest; Solicitation Requirements; Redaction; Negotiated Procurement; Non-Conforming Proposal; Minor Informality or Irregularity.

16-427 • PARCEL 49C LIMITED PARTNERSHIP v. USA

Filed 01/03/2017
REDACTED MEMORANDUM OPINION and ORDER denying Motion for Judgment upon the Administrative Record; denying, as moot, [50] Motion to Dismiss - Rule 12(b)(1); granting [50] Motion for Judgment upon the Administrative Record; granting [51] Motion for Judgment upon the Administrative Record; granting [76] Motion for Leave to File Sur-Reply; denying [19] Motion to Supplement the Administrative Record; denying [20] Motion for Judgment on the Administrative Record; granting [31] Motion to Seal Document. Signed by Judge Lydia Kay Griggsby.

Keywords: Pre-Award Bid Protest; Judgment upon the Administrative Record, RCFC 52.1; Organizational Conflict of Interest; Supplementing the Administrative Record, re: Redacted Memorandum Opinion and Order.

11-492 • MERIDIAN ENGINEERING COMPANY v. USA

Filed 12/30/2016
REPORTED OPINION The Clerk is directed to enter judgment. Signed by Judge Susan G. Braden. (rgh) Copy to parties. Modified on 1/12/2017 - corrected pdf (jt1).

Keywords: re:41 U.S.C. §§ 601-613 (2006); 41 U.S.C. §§ 7101-7109 (2011) (Contract Disputes Act); 48 C.F.R. 31.105, 31.202, 31.203, 52.242-14, 52.243-4; Breach of Contract; Equitable Adjustment; Federal Rule of Evidence 702, 703 (Experts); Federal Rule of Evidence 802 (Hearsay); Show Cause Order.

15-378 • GLOBAL FREIGHT SYSTEMS CO. W.L.L v. USA

Filed 12/29/2016
REPORTED OPINION. Signed by Judge Mary Ellen Coster Williams. (TF3) Copy to parties.

Keywords: re: Fifth Amendment Taking; Breach of Contract; Third-Party Beneficiary; 28 U.S.C. § 1502; Discovery. (TF3)

14-704 • ALIMANESTIANU et al v. USA

Filed 12/29/2016
REPORTED OPINION granting Motion for Summary Judgment; denying [31] Motion for Partial Summary Judgment. The Clerk is directed to enter judgment. Signed by Judge Mary Ellen Coster Williams. (TF3) Copy to parties.

Keywords: re: Fifth Amendment Taking; Nonfinal Judgment; Property Interest; Settlement and Espousal of Claims Against Libya; Per se Taking; Regulatory Taking; Penn Central factors. (TF3)

15-1572 • GLENN-COLUSA IRRIGATION DISTRICT v. USA

Filed 12/22/2016
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1) The Clerk is directed to enter judgment. Signed by Senior Judge Nancy B. Firestone.

Keywords: re: Subject matter jurisdiction; Flood Control Act of 1970; divestment of Tucker Act jurisdiction

01-591 • KLAMATH IRRIGATION, et al v. USA

Filed 12/21/2016
REPORTED OPINION denying Motion in Limine; granting [411] Cross Motion. Signed by Judge Marian Blank Horn.

Keywords: re: Order on Motion in Limine, Order on Cross Motion, Reported Opinion: Water Rights; Physical vs. Regulatory Takings; Endangered Species Act; Motions in Limine.

13-908 • SALINE ASSOCIATES NO. 1 et al v. USA

Filed 12/21/2016
REPORTED OPINION The Clerk is directed to enter judgment for defendant. Signed by Senior Judge Eric G. Bruggink.

Keywords: re: Reported Opinion: Section 515; Breach of Contract; Taking; Statute of limitations; Claim Accrual. (WT)

16-687 • ASI CONSTRUCTORS, INC. v. USA

Filed 12/20/2016
REPORTED OPINION denying Motion to Dismiss - Rule 12(b)(1) and (6). Signed by Judge Elaine D. Kaplan.

Keywords: re: Subject Matter Jurisdiction; Contract Disputes Act; Differing Site Conditions; Misrepresentation; Covenant of Good Faith and Fair Dealing; Breach of Contract.

16-692 • MAHONEY v. USA

Filed 12/19/2016
REPORTED Order denying, as moot, Motion for Leave to Proceed in forma pauperis; and granting [12] Motion to Dismiss. The Clerk is directed to enter judgment. Signed by Senior Judge Nancy B. Firestone. (dls) Copy to parties. (Plaintiff served via certified mail; Article No. 7014 1200 0000 9093 5425)

Keywords: re: Pro se; RCFC 12(b)(1); RCFC 12(b)(6); Lack of Subject Matter Jurisdiction; Res Judicata; Takings.

16-783 • BRUHN NEWTECH, INC. v. USA

Filed 12/19/2016
REPORTED OPINION. Signed by Judge Marian Blank Horn.

Keywords: re: Reported Opinion: Motion to Dismiss; Subject Matter Jurisdiction; Failure to State a Claim; Breach of Contract; Copyright Infringement; Uniform Trade Secrets Act; 28 U.S.C. § 1498(b); 17 U.S.C. § 501.

12-488 • MEYER GROUP, LTD. v. USA

Filed 12/19/2016
REPORTED OPINION denying Application for Attorney Fees. Signed by Judge Mary Ellen Coster Williams. (TF3) Copy to parties.

Keywords: re: Equal Access to Justice Act; 28 U.S.C. § 2412; Substantial Justification; Special Circumstances That Would Make EAJA Fee Award Unjust; Issue of First Impression; Breach of Real Estate Brokerage Agreement. (TF3)

15-1541 • TELOS CORPORATION v. USA

Filed 12/13/2016
REPORTED ORDER. Signed by Judge Victor J. Wolski. (ar1) Copy to parties.

Keywords: re: Reported Order (ar1)RCFC 62(c) motion for injunction pending appeal; unsuccessful bid protest; APA review standard; Federal Supply Schedule,FAR subpart 8.4; streamlined process; no substantial case on the merits

14-106 • NOFFKE v. USA

Filed 12/13/2016
REPORTED OPINION. Signed by Judge Marian Blank Horn.

Keywords: re: Reported Opinion: Trial; Tax; 26 U.S.C. § 6672; Responsible Person; Willfulness.

16-143 • FREMUTH v. USA

Filed 12/13/2016
REPORTED OPINION and ORDER granting Motion for Leave to Proceed in forma pauperis solely for the purpose of deciding the government's motion to dismiss; and granting [10] Motion to Dismiss - Rule 12(b)(6). The Clerk is directed to enter judgment. Each side shall bear its own costs. Signed by Judge Elaine D. Kaplan. (dls) Copy to parties. (Plaintiff served via certified mail; Article No. 7014 1200 0000 9093 5388)

Keywords: re: Subject Matter Jurisdiction: Pro Se Complaint; Tax Refund; Administrative Refund Request; Informal Claim Doctrine; I.R.C. § 6511; I.R.C. § 6532; Statute of Limitations.

15-415 • CARPENTER et al v. USA

Filed 12/12/2016
REPORTED ORDER granting Motion for Partial Summary Judgment; denying [35] Cross Motion. Joint status report due by 1/17/2017. Signed by Senior Judge Nancy B. Firestone.

Keywords: re: Order on Motion for Partial Summary Judgment, Order on Cross Motion [Dispositive]; Reported Order; Rails-to-Trails; Fifth Amendment Takings; Arkansas Law; Property Interest Conveyed; Easements versus Fees; Multifactor Test; Partial Summary Judgment.

14-447 • HARLEY-WHITE et al v. USA

Filed 12/09/2016
REPORTED OPINION granting Plaintiffs' Motion for Partial Summary Judgment on Liability; denying [41] Defendant's Cross-Motion for Summary Judgment on Liability. The parties are directed to submit a proposed schedule for trial preparatory steps in the damages phase of litigation on or before January 5, 2017. Signed by Judge Charles F. Lettow.

Keywords: re: Reported Opinion: Rails-to-Trails takings case; abandonment of rail use under Maine law; limited-use easements for railroad purposes (EK)

13-861 • ZAFER TAAHHUT INSAAT VE TICARET A.S. v. USA

Filed 12/09/2016
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1) The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler.

Keywords: re: Rule 12(b)(1) Motion to Dismiss; Contract Disputes Act; Request for Contracting Officer's Final Decision.

16-1006 • BEBERMAN v. USA

Filed 12/08/2016
REPORTED OPINION and ORDER granting Motion to Dismiss - Rule 12(b)(1); denying, as moot, [6] Motion to Stay; and denying [11] Motion to Strike. The Clerk is directed to enter judgment. No costs. Signed by Judge Charles F. Lettow. (dls) Copy to parties. (Plaintiff served via certified mail; Article No. 7014 1200 0000 9093 9935)

Keywords: re: Claim Under the Equal Pay Act of 1963, alleging gender-based discrimination; 29 U.S.C. § 206(d); previously-filed pending suit in Federal District Court and on appeal; application of 28 U.S.C. § 1500.

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