USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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16-620 • COUTURE HOTEL CORPORATE v. USA

Filed 06/21/2018
granting the government's Motion to Dismiss - Rule 12(b)(1) and (6); REPORTED OPINION. The Clerk is directed to enter judgment. Signed by Senior Judge Nancy B. Firestone. (mkt) Service on parties made.

Keywords: RCFC 12(b)(1), lack of subject matter jurisdiction; RCFC 12(b)(6), failure to state a claim upon which relief can be granted; Pre-Award Bid Protest; Bid Preparation and Proposal Costs; Breach of Implied-in-Fact Contract re: Order on Motion to Dismiss - Rule 12(b)(1) and (6), Reported Opinion.

16-1036 • SILVA v. USA

Filed 06/21/2018
REPORTED OPINION AND ORDER denying Motion for Attorney Fees. The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler. (ab) Service on parties made.

Keywords: re: Equal Access to Justice Act ; 28 U.S.C. § 2412(d); Attorneys Fees; Prevailing Party on Remand; Substantially Justified; Judicial Imprimatur.

17-1955 • ZAINULABEDDIN v. USA

Filed 06/20/2018
Opinion And Order: granting Motion to Dismiss - Rule 12(b)(1) and (6); granting [2] Motion for Leave to Proceed in forma pauperis; The Clerk is directed to enter judgment. Signed by Judge Margaret M. Sweeney. (ac7) Service on parties made.(Article No. 7017 1450 0000 1346 4476)

Keywords:Pro Se Plaintiff; In Forma Pauperis; RCFC 12(b)(l); Subject Matter Jurisdiction; RCFC 12(b)(6); Failure to State a Claim Upon Which This Court Can Grant Relief; Proper Defendant; Regulatory Taking; Administrative Procedure Act; Section 504 of the Rehabilitation Act of 1973; Breach of Contract; RCFC 9(k); Collateral Attack Against the Decisions of Other Courts; Authority to Grant Injunctive Relief; 28 U.S.C. § 1500

14-1248 • ENTERGY NUCLEAR GENERATION COMPANY v. USA

Filed 06/19/2018
REPORTED OPINION and ORDER granting in part and denying in part Motion for Partial Summary Judgment and for Partial Final Judgment Under Rule 54(b); denying [52] Motion for Partial Summary Judgment. Signed by Judge Charles F. Lettow. (kw) Modified on 6/22/2018 - corrected typographical error (jt1).

Keywords: re: Claimed partial breach of contract for disposal of spent nuclear fuel; uncontested liability for certain damages; inappropriateness of judgment under Rule 54(b); disputed causation for damages based on NRC fee change in 1999.

18-121 • TRANS DIGITAL TECHNOLOGIES, LLC v. USA

Filed 06/15/2018
REPORTED OPINION (Reissuance of April 20, 2018 opinion). Signed by Senior Judge Eric G. Bruggink. (wr) Service on parties made.

18-189 • STEKELMAN et al v. USA

Filed 06/12/2018
REPORTED OPINION : Granting Motion to Dismiss - Rule 12(b)(1) and (6); The Clerk is directed to enter judgment. Signed by Judge Charles F. Lettow. U.S. Certified Mail Tracking# 7017 1450 0000 1346 2120(vds) Service on parties made.

Keywords: Claim for an increased retirement annuity; 5 U.S.C. §§ 8401-79; subject matter jurisdiction.

13-719 • HATMAKER v. USA

Filed 06/12/2018
REPORTED ORDER denying Motion for Reconsideration - Rule 59(a). Signed by Judge Patricia E. Campbell-Smith. (jb2) Service on parties made.

Keywords: "Motion for Reconsideration, RCFC 59; Supplementation of the Administrative Record." re: Order on Motion for Reconsideration - Rule 59(a), Reported Order.

16-950 • CB&I AREVA MOX SERVICES, LLC v. USA

Filed 06/11/2018
REPORTED OPINION AND ORDER granting Motion for Summary Judgment; denying [33] Motion to Dismiss - Rule 12(b)(1) and (6); and denying [46] Cross Motion for Summary Judgment. Signed by Judge Thomas C. Wheeler. (mg) Service on parties made.

Keywords: re: US/Russia Plutonium Management and Disposition Agreement; National Nuclear Security Administration; Cost-Plus-Fee Construction Contract; Rules 12 and 56 Cross-Motions; Availability of Declaratory Relief; Government Claim Under Contract Disputes Act; Statute of Limitations.

12-920 • MERCIER et al v. USA

Filed 06/07/2018
Granting Motion to Certify Class; REPORTED OPINION (Notice of Compliance due by 7/6/2018). Signed by Judge Elaine D. Kaplan. (bl) Service on parties made.

Keywords: re: Order on Motion to Certify Class; Reported Opinion; Overtime Pay; Class Action; Motion for Class Certification; Commonality; Typicality; RCFC 23.

18-219 • CENTERRA GROUP, LLC v. USA

Filed 06/07/2018
REPORTED OPINION and ORDER. Public redacted version of the court's 5/25/2018 opinion and order, [54], originally filed under seal. Signed by Judge Patricia E. Campbell-Smith. (jb2) Service on parties made.

Keywords: re: Reported Order. Post-Award Bid Protest; Corrective Action on Remand to Agency; Improper Discussions Held Only with Awardee; Injunctive Relief.

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

Filed 06/06/2018
REPORTED ORDER denying Motion for Reconsideration. The Government may move for reconsideration of the court's April 19, 2018 Order after July 19, 2018. Signed by Chief Judge Susan G. Braden. (bs) Service on parties made.

Keywords: re: Order on Motion for Reconsideration, Reported Order: Rule of the United States Court of Federal Claims 12(i); Rule of the United States Supreme Court 13.

18-271 • CR/ZWS, LLC v. USA

Filed 06/04/2018
REPORTED OPINION. Signed by Judge Elaine D. Kaplan. (bh) Service on parties made.

Keywords: re: Bid Protest; Small Business Administration; 8(a) Business Development Program; Joint Venture Agreements.

16-893 • BEATTIE et al v. USA

Filed 06/01/2018
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. (td) Service on parties made.

Keywords: Cross-Motion for Partial Summary Judgment; Fifth Amendment Taking; Rails to Trails; Prescriptive Easement; Fee Simple Interest; Easement; Deed Interpretation; Plat Interpretation.

16-865 • LUCIER et al v. USA

Filed 06/01/2018
REPORTED OPINION: denying Motion for Partial Summary Judgment; granting [27] Cross Motion. The Clerk is directed to enter judgment. Signed by Senior Judge Marian Blank Horn. (td) Service on parties made.

Keywords: Cross-Motion for Partial Summary Judgment; Fifth Amendment Taking; Rails to Trails; Prescriptive Easement; Fee Simple Interest; Easement; Deed Interpretation; Plat Interpretation

17-1819 • MONE v. USA

Filed 05/31/2018
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1). The Clerk is directed to enter judgment. Signed by Judge Patricia E. Campbell-Smith. (dls) Service on parties made. (Plaintiff served via certified mail; Article No. 7017 1450 0000 1346 1956)

Keywords: re: Motion to Dismiss, RCFC 12(b)(1); Subject Matter Jurisdiction.

17-1263 • FEISS v. USA

Filed 05/30/2018
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1) and (6). The Clerk is directed to enter judgment. Signed by Senior Judge Loren A. Smith. (mr) Service on parties made.

Keywords: Motion to Dismiss, 12(b)(1); 12(b)(6); 42 U.S.C. 1395l(x); 42 U.S.C. 1395l(x)(4). re: Order on Motion to Dismiss - Rule 12(b)(1) and (6), Reported Opinion.

18-204 • FMS INVESTMENT CORP. v. USA

Filed 05/29/2018
REPORTED OPINION: granting Motion to Dismiss - Rule 12(b)(1); denying [214], [215], [221], [223], [226], [227], [228], [230], [233], [235], [236], [246], Motions to Supplement Pleadings - Rule 15(d); finding as moot [140] Motion to Dismiss - Rule 12(b)(6); and LIFTING [106], Preliminary Injunction. Signed by Judge Thomas C. Wheeler. (mg) Service on parties made.

Keywords: re: Post-Award Bid Protest; Department of Education Loan Collections; Motion to Dismiss; RCFC 12(b)(1); Motion for Leave to File Supplemental Pleadings; RCFC 15(d); Mootness; Cancellation of Solicitation.

17-1163 • ROLLE v. USA

Filed 05/24/2018
REPORTED MEMORANDUM OPINION and FINAL ORDER: denying Motion to Alter or Amend Judgment; denying [17] Motion for Production of Documents; denying [18] Motion to Appoint Counsel; denying [20] Motion for Appointment of Counsel. Signed by Chief Judge Susan G. Braden. (ar) Service on parties made. [DOCUMENT REDOCKETED FOR ADMINISTRATIVE PURPOSES ONLY]

Keywords: re: Unreported Memorandum Opinion and Final Order: Rules of the United States Court of Federal Claims 15(a)(2) (Amendments Before Trial); 59 (Motion for Reconsideration). (rp)Keywords: re: [22] Rules of the United States Court of Federal Claims 15(a)(2) (Amendments before Trial); 59 (Motion for Reconsideration). (dls)Keywords: re: [23] Rules of the United States Court ofFederal Claims 15(a)(2)(Amendments Before Trial); 59(Motion For Reconsideration).

17-9001 • IN RE UPSTREAM ADDICKS AND BARKER (TEXAS) FLOOD-CONTROL RESERVOIRS v. USA

Filed 05/24/2018
REPORTED OPINION and ORDER deferring ruling on Motion to Dismiss until trial. Signed by Judge Charles F. Lettow.

Keywords: re: "Upstream" Addicks and Barker Dam flooding cases; motion to dismiss; statute of limitations; 28 U.S.C. § 2501; accrual of claims; action versus inaction; property interests under Texas law; background principles of property law; the tort-takings distinction

17-1970 • CBE GROUP, INC. v. USA

Filed 05/22/2018
REPORTED OPINION AND ORDER granting Motion to Dismiss - Rule 12(b)(1); denying as moot [19] Motion to Amend Pleadings - Rule 15(b); The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler. (ab) Service on parties made.

Keywords: re: Bid Protest; Challenge to Legality of Award Following Corrective Action; Rule 12(b)(1) Motion to Dismiss; 28 U.S.C. § 1491(b)(1); Standing; Blue & Gold Fleet; Timeliness and Waiver.

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