USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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18-204 • FMS INVESTMENT CORP. v. USA

Filed 03/06/2018
REPORTED OPINION granting Motion for Preliminary Injunction, and granting Motions for Preliminary Injunctions in Case Nos. 18-206C, 18-208C, and 18-246C. Signed by Judge Thomas C. Wheeler. (mg) Service on parties made.

Keywords: re: Post-Award Bid Protest; Department of Education Loan Collections; Motion for Preliminary Injunction; Likelihood of Success on the Merits; Irreparable Harm; Balance of Hardships; Public Interests; 28 U.S.C. § 1491(b); RCFC 65(d); Granting Injunctive Relief.

13-1023 • MW BUILDERS, INC. v. USA

Filed 03/05/2018
REPORTED OPINION denying Motion to Alter or Amend Judgment. Signed by Chief Judge Susan G. Braden. (bs) Service on parties made.

Keywords: re: Order on Motion to Alter Judgment, Reported Opinion: Rules Of The United States Court Of Federal Claims 52(b) (Amended Or Additional Findings), 59(a) (Grounds For New Trial Or Reconsideration; Further Action After Trial), 59(e) (Motion To Alter Or Amend Judgment); Tucker Act Jurisdiction, 28 U.S.C. § 1491 (2012).

17-1329 • ERNST & YOUNG, LLP v. USA

Filed 03/05/2018
REPORTED OPINION Status Report due by 5/24/2018. Signed by Chief Judge Susan G. Braden. (jf) Service on parties made.

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

Filed 03/02/2018
REPORTED ORDER: Plaintiffs' Response to the Government's February 20, 2018 Motion To Dismiss due by 3/20/2018. Status Conference set for 4/13/2018 10:00 AM in Courtroom in Houston, Texas before Chief Judge Susan G. Braden. Signed by Chief Judge Susan G. Braden. (cn) Service on parties made.

13-719 • HATMAKER v. USA

Filed 03/01/2018
REPORTED OPINION denying Motion to Supplement the Administrative Record; denying [75] Motion for Judgment on the Administrative Record; granting [85] Motion for Judgment on the Administrative Record. The Clerk is directed to ENTER final judgment for defendant DISMISSING plaintiff's complaint, WITH PREJUDICE. No costs. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made.

Keywords: re: Order on Motion to Supplement the Administrative Record, Order on Motion for Judgment on the Admin. Record; Reported Opinion. Military Disability Retirement Pay; Substantial Evidence Supports Boards Denial of Relief on Second Remand. (TQ)

15-1249 • ABOU-EL-SEOUD v. USA

Filed 02/28/2018
MEMORANDUM OPINION AND ORDER denying Motion for Partial Summary Judgment; (Status Conference set for 3/5/2018 at 01:00 PM in Chambers (Telephonic) before Chief Judge Susan G. Braden, to discuss setting the case for trial). Signed by Chief Judge Susan G. Braden. (bs) Service on parties made.

Keywords: re: Memorandum Opinion And Order Denying Motion for Partial Summary Judgment: 5 C.F.R. §§ 551.101(c) (General); 551.104 (Definitions); 551.202 (General Principles); 551.206 (Administrative Exemption Criteria); 551.401(a) (Basic Principles); 551.402(a) (Agency Responsibility); Fair Labor Standards Act of 1938, 29 U.S.C. §§ 201-219 (2012); Portal-to-Portal Act of 1947, 29 U.S.C. § 255(a) (2012); Rules of the United States Court of Federal Claims 8(c) (Affirmative Defense); 30(b)(6) (Notice or Subpoena Directed to an Organization); 56(c) (Summary Judgment); Statute of Limitations, 28 U.S.C. § 2501 (2012).

17-1543 • HARMONIA HOLDINGS GROUP, LLC v. USA

Filed 02/28/2018
REPORTED OPINION and ORDER reflecting redactions from the opinion and order entered under seal on February 22, 2018. Signed by Judge Charles F. Lettow.

Keywords: re: Post-award bid protest; procurement under the Federal Supply Schedule, governed by FAR Subpart 8.4; best value award.

17-835 • A SQUARED JOINT VENTURE v. USA

Filed 02/28/2018
REPORTED OPINION.Signed by Senior Judge Nancy B. Firestone. (js) Service on parties made.

Keywords: re: Bid protest; FAR § 9.504(a)(1),(2); FAR § 9.504(e); Significant Potential Organizational Conflict of Interest; Unequal Access to Information; Hard Facts.

14-332 • CALLAWAY MANOR APARTMENTS, LTD v. USA

Filed 02/28/2018
REPORTED OPINION granting defendant's motion for summary judgment, which was converted from a motion to dismiss to a motion for summary judgment by court order [44]. The Clerk is directed to enter judgment. Signed by Senior Judge Eric G. Bruggink. (wr) Service on parties made.

Keywords: re: Reported Opinion: Contracts; takings; 42 U.S.C. §§ 1485, 1490a; effect of assignment clause; standing to bring breach of contract claim.

17-307 • HADDAD v. USA

Filed 02/28/2018
REPORTED MEMORANDUM OPINION and ORDER granting Partial Motion to Dismiss - Rule 12(b)(1) and (6). Signed by Chief Judge Susan G. Braden. (dls) Service on parties made. (Plaintiff and third party defendants served via certified mail; Article Nos. 7016 3010 0000 4308 4188; 7016 3010 0000 4308 4195; 7016 3010 0000 4308 4201; 7016 3010 0000 4308 4218)

Keywords: re: Assignment of Claims Act of 1940, 31 U.S.C. § 3727; Federal Rules of Evidence 901 (Authenticating or Identifying Evidence), 902 (Evidence That Is Self Authenticating); 28 U.S.C. § 1498(a) (Waiver of Sovereign Immunity And Jurisdiction Re: Patent Infringement Claims).

17-183 • SIGMATECH, INC. v. USA

Filed 02/27/2018
REPORTED MEMORANDUM OPINION AND FINAL ORDER DENYING PLAINTIFF'S MOTION FOR AN INJUNCTION,PENDING APPEAL. Signed by Chief Judge Susan G. Braden. (cn) Service on parties made.

Keywords: re: Reported Order; 15 U.S.C. § 631(a) (Commerce and Trade, Aid to Small Business, Declaration of Policy); 13 C.F.R. § 121.201 (North American Industry Classification System Size Standards); 48 C.F.R. § 9.104-1 (General Standards); § 10.001(b) (Market Research Policy); § 19.502-2(b)(1)(2) (the Rule of Two); Rule of the United States Court of FederalClaims (RCFC) 62(c) (Stay of Proceedings to Enforce a Judgment, Injunction Pending an Appeal).

15-1448 • ANCHOR TANK LINES, LLC et al v. USA

Filed 02/23/2018
REPORTED ORDER denying Motion for Summary Judgment; denying [39] Cross Motion; denying [40] Cross Motion. The parties are requested to file a Joint Status Report proposing a plan and schedule for further proceedings in this case on or before 3/14/2018. Signed by Judge Charles F. Lettow.

Keywords: re: Order on Motion for Summary Judgment: Claim for breach of contract; seizure of ownership of entity involved in a criminal enterprise; role of government as sole shareholder in operation of entity and in sale of assets; genuine disputes of material fact barring summary judgment

17-824 • LOOMACRES, INC. v. USA

Filed 02/21/2018
REPORTED OPINION. Signed by Judge Mary Ellen Coster Williams. (TF3) Service on parties made.

Keywords: re: Bid Protest; In-Sourcing Decision; Sikes Act, 16 U.S.C. § 670a; OMB Circular A-76; Statutory Construction. (TF3)

17-1407 • ARXIUM, INC. v. USA

Filed 02/16/2018
REPORTED OPINION. Signed by Judge Victor J. Wolski. (jp) Service on parties made.

Keywords: re: Reported Opinion Post-award bid protest; Air Force pharmacies; Federal Supply Schedule; GAO protest; arbitrary corrective action; failure to consider important aspects; latent ambiguity; important aspects; latent ambiguity; retroactive interpretation; unfair discussions; arbitrary interpretation; failure to allow revised proposals; injunctive relief.

13-130 • ALMANZA v. USA

Filed 02/16/2018
REPORTED OPINION denying Motion to Intervene. Signed by Judge Elaine D. Kaplan. (bh) Service on parties made.

Keywords: re: RCFC 24; Motion to Intervene; Attorneys Fees.

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

Filed 02/14/2018
REPORTED ORDER granting in part and denying in part Motion for Extension of Time. Any Motion To Dismiss due by 12:00 p.m. (EST) on 2/20/2018). Signed by Chief Judge Susan G. Braden. (cn) Service on parties made.

17-817 • PATTY et al v. USA

Filed 02/14/2018
REPORTED OPINION denying Motion to Dismiss - Rule 12(b)(1) and (6). Signed by Senior Judge Eric G. Bruggink. (wr) Service on parties made (hw1).

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1) and (6), Reported Opinion: Takings Clause; U.S. Const. amend. V; Inverse condemnation due to property damage; Police Power Exception; Private property use; Private property damage.

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

Filed 02/12/2018
ORDER REGARDING SHORT FORM COMPLAINT FOR PLAINTIFFS WITH DOWNSTREAM CLAIMS (finding as moot Motion Regarding Short Form Complaint; finding as moot [34] Motion Regarding Short Form Complaint; finding as moot [43] Motion Regarding Short Form Complaint). Signed by Chief Judge Susan G. Braden. (Attachments: # (1) Exhibit Plaintiff's Short Form Complaint)(cn) Service on parties made.

15-355 • WESTROCK VIRGINIA CORP. v. USA

Filed 02/09/2018
REPORTED MEMORANDUM OPINION AND ORDER granting Motion for Summary Judgment; denying [34] Motion for Partial Summary Judgment; denying as moot [49] Motion for Hearing; and dismissing the complaint. The Clerk is directed to enter judgment. Signed by Judge Lydia Kay Griggsby. (rdb) Service on parties made.

Keywords: American Recovery and Reinvestment Act (ARRA); Section 1603; Open-Loop Biomass Facility; Cost Basis; I.R.C. § 45; Renewable Electricity Production Credit; I.R.C. § 48; Energy Tax Credit; Summary Judgment; RCFC 56, re: Reported Memorandum Opinion and Order.

17-1228 • WALDEN SECURITY v. USA

Filed 02/09/2018
REPORTED OPINION. Signed by Judge Mary Ellen Coster Williams. (TF3) Service on parties made.

Keywords: re: Post-Award Bid Protest; Supplementation of Administrative Record; Past Performance Evaluation; Too Close-at-Hand Information; Technical Evaluation; Injunctive Relief. (TF3)

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