USCFC General Jurisdiction-Reported

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18-678 • ULTRA ELECTRONICS OCEAN SYSTEMS INC. v. USA

Filed 09/07/2018
REPORTED OPINION and ORDER denying Motion for Judgment on the Record; granting [32] Cross Motion for Judgment on the Administrative Record. Signed by Judge Elaine D. Kaplan. (bh) Service on parties made. (Main Document 45 replaced on 9/7/2018)

Keywords: re: Bid Protest; 28 U.S.C. § 1491; Motion to Supplement the Administrative Record; United States Navy; Exclusion from the Competitive Range; Prior Procurement.

18-958 • PIERCE EL-BEY v. USA

Filed 09/07/2018
REPORTED OPINION Granting Motion to Dismiss - Rule 12(b)(1); The Clerk is directed to enter judgment. Signed by Judge Elaine D. Kaplan. U.S. Certified Mail Tracking 7016 3010 0000 4308 4904(vds) Service on parties made.

17-1638 • 2M RESEARCH SERVICES, LLC v. USA

Filed 09/06/2018
REPORTED OPINION with redactions. Signed by Senior Judge Loren A. Smith. (mr) Service on parties made.

Keywords: Post-Award Bid Protest; Competitive Range; RCFC 52.1; Judgment on the Administrative Record; Permanent Injunction. re: Reported Opinion.

18-1215 • KPMG LLP v. USA

Filed 09/06/2018
REPORTED ORDER. Signed by Senior Judge Loren A. Smith. (mr) Service on parties made.

18-557 • DYNCORP INTERNATIONAL LLC v. USA

Filed 09/06/2018
REPORTED OPINION with redactions. Signed by Senior Judge Loren A. Smith. (mr) Service on parties made.

18-298 • EISENHOWER REAL ESTATE HOLDINGS, LLC v. USA

Filed 09/06/2018
REPORTED OPINION with redactions. Signed by Senior Judge Loren A. Smith. (mr) Service on parties made.

16-1250 • PEARSON v. USA

Filed 09/06/2018
REPORTED OPINION AND ORDER granting Motion to Dismiss - Rule 12(b)(1); denying [25] Motion to Amend Pleadings - Rule 15(b). The Clerk is directed to enter judgment. Signed by Senior Judge Charles F. Lettow. (rp) Service on parties made. Plaintiff served via certified mail, article number 7017 1450 0000 1346 4421.

Keywords: re: Claim for disability retirement from the military; 10 U.S.C. §§ 1201, 1202; administrative grant of full relief on the permanent disability retired list; mootness; disability rating during period on the temporary disability retired list.

18-143 • MONTANA HEALTH CO-OP v. USA

Filed 09/04/2018
REPORTED OPINION denying Motion to Dismiss - Rule 12(b)(6); granting [13] Cross Motion. Status Report due by 10/4/2018. Signed by Judge Elaine D. Kaplan. (bh) Service on parties made.

Keywords: re: Affordable Care Act; Cost-Sharing Reductions; Moda Health Plan; Statutory Obligation; Appropriations; Budgetary Authority.

17-439 • PRESTONBACK v. USA

Filed 08/30/2018
REPORTED OPINION The Clerk is directed to enter judgment. Signed by Senior Judge Loren A. Smith. (ew) Service on parties made.

Keywords: re: RCFC 52.1; Judgment on the Administrative Record Military Pay; Voluntarily Fail; Entitlement Recoupment.

15-348 • KANSAS CITY POWER & LIGHT CO. v. USA

Filed 08/30/2018
REPORTED OPINION reissuing for publication Opinion and Order granting in part and denying in part [84] Motion to Compel. Signed by Chief Judge Margaret M. Sweeney.

Keywords: re: Motion to Compel; Attorney-Client Privilege; Work-Product Doctrine; At-Issue Waiver; Common-Interest Rule; Joint-Defense Doctrine; Attorney's Fees

15-490 • PETERSON INDUSTRIAL DEPOT, INC. v. USA

Filed 08/29/2018
REPORTED OPINION denying Motion for Partial Summary Judgment; granting [55] Cross Motion. Parties shall file a Joint Status Report by 9/17/2018. Signed by Senior Judge Nancy B. Firestone. (dpk) Service on parties made. (Main Document 81 replaced on 9/11/2018 pursuant to the court's order filed 9/11/2018) (ac7).

Keywords: re: Order on Motion for Partial Summary Judgment, Order on Cross Motion [Dispositive], Reported Opinion: Partial Summary Judgment; Breach of Contract; Claim Accrual; Standing; Defense Base Closure and Realignment Act; Deed Interpretation.

17-447 • EMIABATA v. USA

Filed 08/29/2018
REPORTED OPINION granting Motion for Summary Judgment. The Clerk is directed to enter judgment. Signed by Judge Patricia E. Campbell-Smith. (hw1) Service on parties made.

Keywords: Contract; Wrongful Termination for Default Claim; Motion for SummaryJudgment, RCFC 56.

14-1202 • RMA ENGINEERING S.A.R.L v. USA

Filed 08/29/2018
REPORTED ORDER granting in part and denying in part Motion to Dismiss - Rule 12(b)(1) and (6); denying [51] Cross Motion. The court will convene a telephone status conference in early September 2018 to discuss further proceedings. Signed by Senior Judge Susan G. Braden. Service on parties made.

Keywords: re: Reported Order on Motion to Dismiss - Rule 12(b)(1) and (6), Order on Cross Motion: Breach of Contract; Constructive Change; Contract Disputes Act of 1978, 41 U.S.C. §§ 601613 (2006); Duty of Good Faith and Fair Dealing; Federal Acquisition Regulation, 48 C.F.R. §§ 6.101 (Competition Requirements), 16.202-1 (Firm, Fixed-Price Contract), 49.103 (Methods of Settlement), 52.221-13 (Change Order Extensions), 52.233-1 (Disputes), 52.236-2 (Differing Site Conditions), 52.236-3 (Site Investigations and Conditions Affecting Work), 52.236-13 (Safety Equipment), 52.242-14 (Excusable Delays), 52.243-7 (Change Order), 52.246-12 (Inspection of Construction), 52.249-2 (Termination For Convenience), 52.249-10 (Termination For Default), 53.301-1436 (Settlement Proposal (Total Cost Basis)); Ratification; Rules of the United States Court of Federal Claims 9(k) (Pleading Requirements for Contract Claims), 11(b)(3) (Representations to the Court), 12(b)(1) (Subject Matter Jurisdiction), 12(b)(6) (Failure to State a Claim), 15 (Amending Pleadings); Safety and Health Regulations for Construction, 29 C.F.R. §§ 1926.11926.1442; Tucker Act Jurisdiction, 28 U.S.C. § 1491.

14-1165 • LIEBMAN et al v. USA

Filed 08/28/2018
REPORTED TRIAL OPINION The Clerk is directed to enter judgment. Signed by Senior Judge Robert H. Hodges, Jr. (vk). Modified on 10/29/2018 - corrected typographical error (jt1).

Keywords: re: Reported Opinion: Fifth Amendment Taking; Inverse Condemnation; Laches; Permanent and Exclusive Occupation; Easement of Flow.

17-1946 • BOGGS et al v. USA

Filed 08/27/2018
REPORTED ORDER granting Joint Motion for Conditional Certification of Collective Group and Notice and withdrawal of Plaintiffs' Motion for Conditional Certification [26] as superseded. Signed by Senior Judge Charles F. Lettow. (pp) Modified on 8/27/2018 to edit docket text per chambers

Keywords: re: Claims under the Fair Labor Standards Act, 29 U.S.C. § 216(b); collective action by similarly situated employees; conditional certification; approval of notice.

17-1661 • PAYNE v. USA

Filed 08/27/2018
REPORTED OPINION granting Partial Motion to Dismiss - Rule 12(b)(1) and (6). The Clerk is directed to enter judgment. Signed by Senior Judge Marian Blank Horn. (rp) Service on parties made. Plaintiff served via certified mail, article number 7017 1450 0000 1346 4414.

Keywords: re: Pro Se Plaintiff; Motion to Dismiss; Subject Matter Jurisdiction; Tort Claim; Fraud Claim; Tax Refund Claim.

18-326 • ADVANCED MANAGEMENT STRATEGIES GROUP, INC./ REEFPOINT GROUP, LLC v. USA

Filed 08/21/2018
REPORTED OPINION. Signed by Senior Judge Eric G. Bruggink. (jpk1) Service on parties made.

Keywords: re: Reported Opinion: Post-award bid protest;Standing; Zone of activeconsideration; SDVOSB;Affiliation.

17-1138 • SUMMIT TEXAS CLEAN ENERGY, LLC et al v. USA

Filed 08/20/2018
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1) and (6). The Clerk is directed to enter judgment. Signed by Senior Judge Eric G. Bruggink. (wr) Service on parties made.REPORTED OPINION granting [20] Motion to Dismiss - Rule 12(b)(1) and (6). The Clerk is directed to enter judgment. Signed by Senior Judge Eric G. Bruggink. (wr) Service on parties made.

Keywords: re: Reported Opinion; Order on Motion to Dismiss - Rule 12(b)(1) and (6): Contracts; declaratory judgment; 28 U.S.C. § 1491(a)(1) (2012);guaranty agreement; debt cancellation; cooperative agreement.

17-1830 • SHERMAN v. USA

Filed 08/20/2018
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1). The Clerk is directed to enter judgment. Signed by Senior Judge Marian Blank Horn. (dls) Service on parties made. (Plaintiff served via certified mail; Article No. 7016 3010 0000 4308 4744)

Keywords: re: Pro Se Plaintiff; Motion to Dismiss; Subject Matter Jurisdiction; Federal Retirement Benefits Claim.

16-1647 • MYNETTE TECHNOLOGIES, INC. et al v. USA

Filed 08/17/2018
REPORTED MEMORANDUM OPINION AND ORDER CONSTRUING CERTAIN CLAIMS OF UNITED STATES PATENT NOS. 7,719,425; 7,924,156; 9,524,458; AND 9,569,777.. Signed by Senior Judge Susan G. Braden. (cn) Service on parties made.

Keywords: re: 28 U.S.C. § 1498(a) (Patent Infringement Jurisdiction);35 U.S.C. §§ 100(d) (Definitions), 112 (Specification), 281 (Remedy for Infringement of a Patent);37 C.F.R. § 1.75 (Claims);Claim Construction;Extrinsic Evidence;Intrinsic Evidence;Manual Of Patent Examining Procedure §§ 2159 (Applicability Date Provisions), 2181 (Identifying and Interpreting Means-Plus-Function Limitations);Rules of the United States Court of Federal Claims 12(b)(1) (Jurisdiction), 12(b)(6) (Failure to State a Claim), 12(e) (Motion for a More Definite Statement), 14(b) (Notice to an Interested Party), 15(a)(2) (Amendments Before Trial).

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