USCFC General Jurisdiction-Reported
U.S. Court of Federal Claims Opinions
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05-914 • K-CON BUILDING SYSTEMS, INC., v. USA
REPORTED OPINION denying Motion to Amend Pleadings - Rule 15(b); dismissing [186] Amended Complaint; and awarding defendant liquidated damages in the amount of $199,611 under [187] Counterclaim. The Clerk is directed to enter judgment. Signed by Judge Margaret M. Sweeney. (kb1)
Keywords: re: Reported Opinion -- Trial; Contract to Design and Build Prefabricated Metal Building; RCFC 15; Futility of Supplemental Complaint; Contract Disputes Act of 1978; Remission of Liquidated Damages; Counterclaim for Liquidated Damages; Contractual Notice Requirement; Abandoned Claim; Excusable Delay; Critical Path; Affirmative Defenses
12-216 • UUSI, LLC et al v. USA
REPORTED CLAIM CONSTRUCTION OPINION AND ORDER. Signed by Judge Mary Ellen Coster Williams. (TF3) Copy to parties.
Keywords: 28 U.S.C. § 1498(a); Patent Infringement; Claim Construction; Indefiniteness; 35 U.S.C. § 112, paragraph 2; Means Plus Function Claim; 35 U.S.C. § 112, paragraph 6. re: Reported Opinion. (TF3)
16-1622 • GARCIA-GINES v. USA
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1). The Clerk is directed to enter judgment. Signed by Judge Marian Blank Horn. (dls) Copy to parties. (Plaintiff served via certified mail; Article No. 7014 1200 0000 9093 7030)
Keywords: re: Military Disability Retirement Pay; Motion to Dismiss; Subject Matter Jurisdiction; Statute of Limitations; Pro Se.
15-1297 • BROWN et al v. USA
REPORTED OPINION denying Motion to Stay. Defendant's response and cross-motion for summary judgment due by 5/12/2017. Plaintiffs' reply and response due by 6/12/2017. Defendant's reply due by 7/3/2017. Signed by Judge Margaret M. Sweeney. (kb1)
Keywords: re: Order on Motion to Stay, Reported Opinion -- Rails-to-Trails; Motion to Stay Proceedings Pending Resolution of Appeal in Another Case; Legal Standard
14-388 • HARDY et al v. USA
REPORTED OPINION denying Motion for Reconsideration. Signed by Judge Margaret M. Sweeney.
Keywords re: Order on Motion for Reconsideration, Reported Opinion -- Motion for Reconsideration; RCFC 59(a)(1); Notice of Interim Trail Use; Fifth Amendment Taking; Effective Date of Taking; Duration of Taking.
15-272 • GREENLAND CONTRACTORS I/S v. USA
REPORTED OPINION AND ORDER, reflecting redactions from the opinion and order previously entered under seal on April 4, 2017. Signed by Judge Charles F. Lettow.
Keywords: re: Post-award bid protest; issues previously reserved by the court and not addressed by the Federal Circuit on appeal from the court's earlier judgment. (MZ)
16-1316 • BY LIGHT PROFESSIONAL IT SERVICES, INC. v. USA
REDACTED REPORTED MEMORANDUM OPINION AND ORDER denying plaintiff's Motion for TRO and for Preliminary Injunction; denying plaintiff's Motion for Judgment upon the Administrative Record; granting the intervenor's Motion for Judgment upon the Administrative Record; and granting the government's Cross Motion for Judgment upon the Administrative Record. Signed by Judge Lydia Kay Griggsby.
16-44 • STARRY ASSOCIATES, INC v. USA
REPORTED OPINION. Signed by Senior Judge Eric G. Bruggink. (jpk1) Copy to parties. (jt1). Modified on 4/12/2017 - correction to pdf(jt1).
Keywords: re: Reported Order: Bid Protest; Equal Access to Justice Act; Attorney Fees; Special Factors
10-15 • GREENWOOD v. USA
REPORTED OPINION granting final approval of proposed settlement agreement; granting in part and denying in part Motion for Attorney Fees. The Clerk is directed to enter judgment. Joint status report with a final proposed judgment for attorneys' fees and costs due by 4/24/2017. Signed by Senior Judge Nancy B. Firestone. (Attachments: # (1) Exhibit Settlement Agreement)
Keywords: re: Order on Motion for Attorney Fees; Reported Opinion; Rails-to-Trails; Class Action; Final Approval of Settlement Agreement; Attorneys' Fees and Costs; Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 U.S.C. § 4654(c) ("URA"); Partial Final Judgment; RCFC 54(b).
16-268 • CANPRO INVESTMENTS, LTD v. USA
REPORTED ORDER denying Motion for Reconsideration and denying as moot [30] Motion for Leave to File Sur-Reply. Answer due by 4/24/2017. Signed by Judge Margaret M. Sweeney.
Keywords re: Order on Motion for Reconsideration -- Motion for Reconsideration; RCFC 59(a)(1); Implied Duty of Good Faith and Fair Dealing.
16-1602 • JACOBS TECHNOLOGY INC. v. USA
REPORTED OPINION AND ORDER, reflecting redactions from the opinion and order previously entered under seal on March 31, 2017. Signed by Judge Charles F. Lettow.
Keywords: re: Reported Opinion: Bid-protests; challenges to corrective action; jurisdiction; standing; ripeness; mootness; validity of the agency's decision to take corrective action; inadequacy of showing to support discovery into alleged bias. (EK)
17-179 • BEBERMAN v. USA
REPORTED OPINION: Ms. Beberman's complaint is DISMISSED sua sponte for lack of jurisdiction. The Clerk is directed to enter judgment. Signed by Judge Patricia E. Campbell-Smith. (ew) Copy to parties. Tracking #7014 1200 0000 9093 6965. The Clerk's Office is directed to return any future filings not in compliance with this court's rules to plaintiff, unfiled, without further order.
Keywords: re: Pro Se; Equal Pay Act; 29 U.S.C. 206(d) (2012); Lack of SubjectMatter Jurisdiction; 28 U.S.C. 1500 (2012); RCFC 12(h)(3).
16-1559 • RIVADA MERCURY, LLC v. USA
REPORTED OPINION; **REISSUED** REDACTED OPINION and ORDER denying Motion for Judgment on the Administrative Record; granting [55] Cross-Motion for Judgment on the Administrative Record; granting [56] Cross-Motion for Judgment on the Administrative Record. Signed by Judge Elaine D. Kaplan.
Keywords: re: Reported Opinion; Pre-Award Bid Protest; Competitive Range Determination; FAR 15.306; Discussions; Unstated Evaluation Criteria; Unequal Evaluation.
14-783 • SHAW et al v. USA
REPORTED OPINION AND ORDER denying Plaintiffs' Motion for Partial Summary Judgment; granting [18] Defendant's Cross Motion for Partial Summary Judgment. The Clerk is directed to enter judgment. Signed by Judge Margaret M. Sweeney.
Keywords: re: Opinion and Order on Plaintiffs' Motion for Partial Summary Judgment and Defendant's Motion for Partial Summary Judgment [Dispositive], Reported Opinion - RCFC 56; Summary Judgment; Federal Tort Claims Act, 28 U.S.C. § 1346; Breach of Contract; Latent Ambiguity; Contra Proferentem.
16-554 • CHRISTIAN v. USA
REPORTED OPINION The Clerk is directed to enter judgment. Signed by Chief Judge Susan G. Braden.
Keywords: re: Breach of Contract; Dual Compensation Act, 5 U.S.C §§ 5533, 5535, 5536; Federal Travel Regulation (FTR), 41 C.F.R. §§ 300-3.1, 301-11.1, 301-11.3, 301-11.603, 301-11.604, 301-11.605, 301-12.1, 301-52.17, 301-52.19, 302-17.22; IRS Publication 463 (2016) (Tax Treatment Of Travel Expenses); NASA Interim Directive For Travel (NID) 9700.2; NASA Procedural Requirements (NPR) 9700.1 §§ 301-11.1, 301-11.201, 301-11.203, 301-11.207, 301-11.226, 301-12.1; Rules Of The United States Court Of Federal Claims (RCFC) 12(b)(6) (Failure To State Claim), 15(a)(2) (Amended and Supplemental Pleadings), 56(a) (Summary Judgment).
13-600 • TIDEWATER CONTRACTORS, INC. v. USA
REPORTED OPINION granting Motion for Summary Judgment. Plaintiff's complaint is dismissed with prejudice. The Clerk is directed to enter judgment. Signed by Judge Margaret M. Sweeney. (pp) Copy to parties. Modified on 4/5/2017 - minor typographical change(jt1).
Keywords re: Order on Motion for Summary Judgment, Reported Opinion -- RCFC 56; Summary Judgement; No Genuine Issue of Material Fact; Contract Interpretation; Parole Evidence; Binding Agency Directive; Course of Dealing; Common Trade Practice.
15-666 • GOVERNMENT SERVICES CORP. v. USA
REPORTED OPINION denying Motion for Summary Judgment; granting in part and denying in part [41] Motion for Summary Judgment. Signed by Chief Judge Susan G. Braden.
Keywords: re: Breach Of Contract; Breach Of Covenant Of Good Faith And Fair Dealing; Breach of Implied Contract; Contract Disputes Act (41 U.S.C. § 7104); Counterclaims (28 U.S.C. § 2508); False Claims Act (31 U.S.C. § 3729); Federal Acquisition Regulation (FAR) 48 C.F.R §§ 1.104, 2.101, 12.604(c), 14.208(a), 14.301, 33.211, 52.212; Rules of The United States Court Of Federal Claims (RCFC) 6(b)(1) (Extending Time), 8 (General Rules Of Pleading), 12 (Defenses And Objections),15(a)(2),(3) (Amended Pleadings), 56(a) (Summary Judgment); Special Plea In Fraud (28 U.S.C. § 2514); Uniform Electronic Transaction Act (UETA), Idaho Code Ann. § 28-50-115.
16-1001 • SENECA SAWMILL COMPANY v. USA
REPORTED OPINION denying Motion to Dismiss - Rule 12(b)(6). Signed by Judge Elaine D. Kaplan.
Keywords: re: Motion to Dismiss for Failure to State a Claim; RCFC 12(b)(6); Timber Sale Contract; Plausible Allegation of Entitlement to Relief.
17-449 • CONTINENTAL SERVICE GROUP, INC. v. USA
REPORTED MEMORANDUM OPINION and TEMPORARY RESTRAINING ORDER. Signed by Chief Judge Susan G. Braden. (rgh) Copy to parties. Modified on 3/30/2017 to correct docket text (dw). Modified on 3/30/2017 to edit docket text to reflect that this is an opinion and temporary restraining order.
Keywords: re: Temporary Restraining Order; RCFC 65(d).
14-596 • FLORIDA HOME MEDICAL SUPPLY, INC v. USA
REPORTED OPINION denying Motion to Dismiss - Rule 12(b)(1) and (6). Signed by Judge Patricia E. Campbell-Smith.
Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1) and (6), Reported Order. Motion to Dismiss for Lack of Subject Matter Jurisdiction under RCFC 12(b)(1); Medicare Prescription Drug, Improvement, and Modernization Act; 42 U.S.C. § 1395w-3 (2012); Administrative Review Permissive, not Mandatory. (TQ)
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