USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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12-208 • GORDON et al v. USA

Filed 03/15/2017
REISSUED OPINION--Filed this date. Signed by Senior Judge Robert H. Hodges, Jr.

Keywords: re: Reissued Opinion--Cross-Motions for Summary Judgment; Gender-based Pay Bias; Yearly Salary-Range Tables; Retention Incentive Pay.

17-129 • THE CONCOURSE GROUP, LLC v. USA

Filed 03/13/2017
REPORTED OPINION. Signed by Judge Thomas C. Wheeler.

Keywords: re: Rule 12(b)(6) Motion to Dismiss; Post-Award Bid Protest; Organizational Conflicts of Interest; Timeliness; Blue & Gold Fleet.

16-477 • MISSISSIPPI COUNTY, MISSOURI, v. USA

Filed 03/10/2017
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(6) The Clerk is directed to enter judgment. Signed by Chief Judge Patricia E. Campbell-Smith.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(6), Reported Opinion; Takings; Motion to Dismiss, RCFC 12(b)(6). (TQ)

15-666 • GOVERNMENT SERVICES CORP. v. USA

Filed 03/09/2017
REPORTED OPINION granting Motion for Extension of Time to Answer. Signed by Judge Susan G. Braden.

Keywords: re: Rules of The United States Court Of Federal Claims (RCFC) 6 (Extending Time), 8 (General Rules Of Pleading), 12 (Defenses And Objections), 15 (Amended and Supplemental Pleadings), 55 (Default Judgment).

12-889 • SEARS et al v. USA

Filed 03/08/2017
REPORTED OPINION: The following amounts shall be awarded to plaintiffs in the trial subclass: $146,347.73 (Gould), $87,052.83 (Bradley), $55,970.74 (Mosher), $174,381.29 (Heene), and $223,187.53 (Richards). Interest shall be payable on these amounts at the rate of 3.39 percent per annum, compounded quarterly from the date of the taking, August 2, 2012, until the date the judgment is paid. The clerk is directed to enter judgment pursuant to RCFC 54(b) in the aforestated amounts. Plaintiffs may apply for an award of attorneys' fees and expenses under Section 304(c) of the Uniform Relocation Assistance Act, 42 U.S.C. § 4654(c), within 30 days after any appellate process has been concluded, or, alternatively, after the time for taking an appeal has expired. Signed by Judge Charles F. Lettow.

Keywords: re: Reported Opinion: Post-trial determination of the just compensation due in a rails-to-trails case; value of the agricultural land taken for trail use; cost to reclaim; severance damages attributable to "point rows;" no preemption of Iowa statute guaranteeing access to fields otherwise landlocked by the trail. (EK)

17-183 • SIGMATECH, INC. v. USA

Filed 03/07/2017
REPORTED ORDER denying Motion To Request GAO Advisory Opinion. Signed by Judge Susan G. Braden.

Keywords: re: 4 C.F.R. 21.9 (Government Accountability Office Advisory Opinion).

15-946 • MCMANUS v. USA

Filed 03/03/2017
REPORTED ORDER denying Motion for Summary Judgment; denying [19] Motion for Summary Judgment; granting [22] Cross Motion. Signed by Senior Judge Nancy B. Firestone.

Keywords: re: Reported Order; Tax Refund Suit; Summary Judgment; RCFC 56; U.S.-Ireland Tax Treaty.

16-257 • HINDMAN v. USA

Filed 02/28/2017
REPORTED ORDER Status Report due by 3/10/2017. Signed by Judge Susan G. Braden.

Keywords: re: 5 U.S.C. § 5754 (Federal Workforce Flexibility Act of 2004 Retention Bonuses); 28 U.S.C. 1491 (Tucker Act Jurisdiction).

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

Filed 02/28/2017
REPORTED OPINION (Public Version [34]). Signed by Judge Mary Ellen Coster Williams. (tb1) Copy to parties.

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

15-577 • SACRAMENTO MUNICIPAL UTILITY DISTRICT v. USA

Filed 02/28/2017
REPORTED OPINION finding as moot Motion for Partial Summary Judgment The Clerk is directed to enter judgment. Signed by Judge Susan G. Braden.

Keywords: re: Damages for Partial Breach of Contract; Federal Rule of Evidence 702 (Experts); Nuclear Waste Policy Act, 42 U.S.C. §§ 10101-10270; Waste Classification, 10 C.F.R. 61.55; Licensing Requirements for Independent Storage of Spent Nuclear Fuel, 10 C.F.R. 72; Standard Contract for Disposal of Spent Nuclear Fuel, 10 C.F.R. 961.11.

11-857 • TRINCO INVESTMENT COMPANY et al v. USA

Filed 02/28/2017
REPORTED OPINION AND ORDER denying Motion for Summary Judgment; denying [84] Cross Motion; on [80] Second MOTION for Summary Judgment as to Liability filed by KATHLEEN G. ROSE, TRINCO INVESTMENT COMPANY, [84] CROSS MOTION and RESPONSE to [80] Motion for Summary Judgment filed by KATHLEEN G. ROSE, TRINCO INVESTMENT COMPANY filed by USA ( Status Report due by 3/21/2017). Signed by Senior Judge Lynn J. Bush. (jb2) Copy to parties.

Keywords: re: Order on Motion for Summary Judgment, Order on Cross Motion [Dispositive], Reported Opinion and Order,,, Takings; Necessity Defense for Fire-Fighting Actions On or Near National Forest; Reliability of Expert Opinion; Genuine Disputes of Material Fact Preclude Summary Judgment.

14-6 • JAMES v. USA

Filed 02/28/2017
REPORTED OPINION denying Motion for Summary Judgment; granting [66] Motion for Partial Summary Judgment. Signed by Judge Marian Blank Horn.

Keywords: re: Cross-Motions for Partial Summary Judgment; Takings Claim; Trails Act, 16 U.S.C. § 1241 et seq. (2012); S.C. Code § 57-3-220(A).

16-105 • WILLIAMS v. USA

Filed 02/28/2017
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(6); finding as moot [8] Cross Motion The Clerk is directed to enter judgment. Signed by Judge Susan G. Braden. (pt) Copy to parties.REPORTED OPINION granting [6] Motion to Dismiss - Rule 12(b)(6); finding as moot [8] Cross Motion The Clerk is directed to enter judgment. Signed by Judge Susan G. Braden.

Keywords: re: General Schedule Classification And Pay System, 5 U.S.C. §§ 5101, 5104, 5332, 533536; Tucker Act Jurisdiction, 28 U.S.C. § 1491; Two-Step Promotion Rule, 5 U.S.C. § 5334(b); Rules Of The United States Court Of Federal Claims (RCFC) 12(b)(1) (Lack Of Jurisdiction), 12(b)(6) (Failure To State Claim); FBI Policy Directive 0624D § 9.5.3.

14-38 • BROWN et al v. USA

Filed 02/28/2017
REPORTED OPINION denying Motion for Partial Summary Judgment; granting [61] Cross Motion. Signed by Judge Marian Blank Horn.

Keywords: re: Cross-Motions for Partial Summary Judgment; Takings Claim; Trails Act, 16 U.S.C. § 1241 et seq. (2012); S.C. Code § 57-3-220(A).

16-1297 • MARRS et al v. USA

Filed 02/24/2017
REPORTED OPINION AND ORDER issued in lead case, Martin, Case No. 13-834.. Signed by Chief Judge Patricia E. Campbell-Smith.

13-834 • MARTIN et al v. USA

Filed 02/24/2017
**REISSUED** REPORTED OPINION AND ORDER granting [153] Motion for Partial Summary Judgment, denying [154] Motion for Summary Judgment. Reissued only for the purpose of correcting the caption to include Case No. 16-1297 consistent with the order consolidating the cases. See Case No. 16-1297, ECF No. 9. Signed by Chief Judge Patricia E. Campbell-Smith.

Keywords: re: **REISSUED** Reported Opinion and Order. Cross-Motions for Summary Judgment; RCFC 56(a); Fair Labor Standards Act, 29 U.S.C. §§ 201-219 (2012); Award of Liquidated Damages for Violation of the Fair Labor Standards Act (TQ)

08-321 • WASHINGTON MUTUAL, INC. et al v. USA

Filed 02/21/2017
MEMORANDUM OPINION AND ORDER. The Court GRANTS-IN-PART Motion to Strike and DISMISSES the complaints WITH PREJUDICE. The Clerk is directed to enter judgment. Signed by Judge Lydia Kay Griggsby. (lh) Copy to parties. (Main Document 336 replaced on 2/22/2017 to add the consolidated case number.) (dls). (Main Document 336 replaced on 2/27/2017 to correct clerical error as identified in [339] order filed on February 27, 2017.)

Keywords: re: Reported Opinion: Tax Refund Claim; Cost Basis; Fair Market Valuation; Abandonment Loss Deduction; Amortization Deduction; Trial.

15-294 • CASARETTI et al v. USA

Filed 02/16/2017
REPORTED ORDER granting Motion to Partially Dismiss - Rule 12(b)(1) and (6). Signed by Judge Victor J. Wolski.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1) and (6), Reported Order FLSA collective action, 29 U.S.C. § 216(b); Federal Air Marshals; Transportation Security Admin.; 49 U.S.C. § 40122(g)(2); Back Pay Act, 5 U.S.C. § 5596; RCFC 12(b)(1), 12(b)(6); overtime pay; prejudgment interest not available.

16-1576 • LIMCO AIREPAIR, INC. v. USA

Filed 02/15/2017
PUBLIC DECISION (Originally filed: 2/2/2017). Signed by Judge Lydia Kay Griggsby.

Keywords: re: Reported Order: Post-Award Bid Protest; Judgment upon the Administrative Record, RCFC 52.1; Price Realism Analysis; Ex Parte Communication.

16-1684 • MUNILLA CONSTRUCTION MANAGEMENT, LLC v. USA

Filed 02/15/2017
REPORTED OPINION denying Plaintiff's motion for judgment on the administrative record, granting Defendant's motion for judgment on the administrative record, and granting Defendant-Intervenor's motion for judgment on the administrative record. Signed by Judge Elaine D. Kaplan.

Keywords: re: Bid Protest; 28 U.S.C. § 1491(b); Standing; Interested Party; Price Analysis; Price Reasonableness; Contract Line Items; Unbalanced Pricing.

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