USCFC General Jurisdiction-Reported

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20-143 • CHEYENNE & ARAPAHO TRIBES v. USA

Filed 12/09/2020
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. (nec) Service on parties made.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1) and (6), Reported Opinion: Native American Treaty; Bad Men Clause; Individual Right; Tribal Right; Prudential Standing; Parens Patriae Doctrine; Motion to Dismiss; Subject Matter Jurisdiction; RCFC 12(b)(1); RCFC 12(b)(6).

19-59 • ARNOLD et al v. USA

Filed 12/09/2020
REPORTED OPINION denying Motion to Dismiss - Rule 12(b)(6). On or before 2/8/2021, defendant is directed to FILE an answer or otherwise respond to plaintiffs' complaint; and on or before 2/8/2021, the parties are directed to CONFER and FILE a Joint Status Report informing the court of their positions on the consolidation of this case with any other matters before the court. Signed by Judge Patricia E. Campbell-Smith.(TQ) Service on parties made.

Keywords: re: Reported Opinion on Motion to Dismiss - Rule 12(b)(6). Motion to Dismiss; RCFC 12(b)(6); Fair Labor Standards Act (FLSA), 29 U.S.C. §§ 201-19; Anti-Deficiency Act (ADA), 31 U.S.C. §§ 1341-42; Government Employees Fair Treatment Act of 2019 (GEFTA); Pub. L. No. 116-1, 133 Stat. 3 (2019). (TQ)

19-1246 • FLETCHER et al v. USA

Filed 12/07/2020
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1) and (6); granting [15] Motion to Strike. The Clerk is directed to enter judgment. Signed by Senior Judge Loren A. Smith. (cew) Service on parties made.

Keywords: Tribal Trust; Native American Trust Management; Tucker Act; 28 U.S.C. § 1491; Indian Tucker Act; 28 U.S.C. § 1505; Motion to Dismiss; RCFC 12(b)(1); Subject Matter Jurisdiction; RCFC 12(b)(6); Standing; Issue Preclusion; RCFC 12(e); Motion to Strike; RCFC 12(f). re: Order on Motion to Dismiss - Rule 12(b)(1) and (6), Order on Motion to Strike, Reported Opinion.

19-213 • BACA et al v. USA

Filed 12/04/2020
REPORTED OPINION denying Motion to Dismiss - Rule 12(b)(1) and (6). On or before 2/5/2021, defendant is directed to FILE an answer or otherwise respond to plaintiffs' complaint; and on or before 2/5/2021, the parties are directed to CONFER and FILE a Joint Status Report informing the court of their positions on the consolidation of this case with any other matters before the court. Signed by Judge Patricia E. Campbell-Smith.(TQ) Service on parties made. Modified on 12/7/2020 deadlines to reflect deadlines included in order

Keywords: re: Opinion on Motion to Dismiss; RCFC 12(b)(1) and 12(b)(6); Fair Labor Standards Act (FLSA), 29 U.S.C. §§ 201-19; Anti-Deficiency Act (ADA), 31 U.S.C. §§ 1341-42; Government Employees Fair Treatment Act of 2019 (GEFTA); Pub. L. No. 116-1, 133 Stat. 3 (2019); 28 U.S.C. § 1500. (TQ)

18-1699 • PERETZ v. USA

Filed 12/04/2020
REPORTED OPINION denying Motion for Reconsideration; denying [69] Motion for Leave to File Amended Complaint. Signed by Senior Judge Marian Blank Horn. (dl1) Service on parties made. (Main Document 80 replaced on 12/4/2020 to correct clerical error in Footnote 6.)

Keywords: re: Order on Motion for Reconsideration, Order on Motion for Leave to File, Reported Opinion: Tax; Motion for Reconsideration; 26 U.S.C. § 6532 Statute of Limitations; Motion to Amend Complaint; Refund; Deposit.

19-118 • ANELLO et al v. USA

Filed 12/04/2020
REPORTED OPINION denying Motion to Dismiss - Rule 12(b)(6). On or before 2/5/2021, defendant is directed to FILE an answer or otherwise respond to plaintiffs' complaint; and on or before 2/5/2021, the parties are directed to CONFER and FILE a Joint Status Report informing the court of their positions on the consolidation of this case with any other matters before the court. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made. Modified on 12/7/2020 deadlines to reflect deadline in order

Keywords: re: Opinion on Motion to Dismiss; RCFC 12(b)(6); Fair Labor Standards Act (FLSA), 29 U.S.C. §§ 201-19; Anti-Deficiency Act (ADA), 31 U.S.C. §§ 1341-42; Government Employees Fair Treatment Act of 2019 (GEFTA); Pub. L. No. 116-1, 133 Stat. 3 (2019).(TQ)

19-161 • RICHMOND et al v. USA

Filed 12/02/2020
REPORTED OPINION denying Motion to Dismiss - Rule 12(b)(6). On or before 2/1/2021, defendant is directed to FILE an answer or otherwise respond to plaintiffs' complaint; and on or before 2/1/2021, the parties are directed to CONFER and FILE a Joint Status Report informing the court of their positions on the consolidation of this case with any other matters before the court. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made. Modified deadlines to reflect deadlines in order filed and modified text of deadlines to red font on 12/2/2020

Keywords: re: Reported Opinion on Motion to Dismiss; RCFC 12(b)(6); Fair Labor Standards Act (FLSA), 29 U.S.C. §§ 201-19; Anti-Deficiency Act (ADA), 31 U.S.C. §§ 1341-42; Government Employees Fair Treatment Act of 2019 (GEFTA); Pub. L. No. 116-1, 133 Stat. 3 (2019). (TQ)

19-95 • I.P. et al v. USA

Filed 12/01/2020
REPORTED OPINION denying Motion to Dismiss - Rule 12(b)(6). On or before 1/29/2021, defendant is directed to FILE an answer or otherwise respond to plaintiffs' complaint; and on or before 1/29/2021, the parties are directed to CONFER and FILE a Joint Status Report informing the court of their positions on the consolidation of this case with any other matters before the court. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made. Modified font of deadline text to red on 12/1/2020

Keywords: re: Reported Opinion on Motion to Dismiss; RCFC 12(b)(6); Fair Labor Standards Act (FLSA), 29 U.S.C. §§ 201-19; Anti-Deficiency Act (ADA), 31 U.S.C. §§ 1341-42; Government Employees Fair Treatment Act of 2019 (GEFTA); Pub. L. No. 116-1, 133 Stat. 3 (2019). (TQ)

10-157 • SOFMAN v. USA

Filed 12/01/2020
REPORTED OPINION granting Motion to Dismiss - Rule 41(b). Signed by Chief Judge Eleni M. Roumel. (klb) Service on parties made; Charles H. George and Allen E. Snook served via U.S. mail.

19-4 • TAROVISKY et al v. USA

Filed 12/01/2020
REPORTED OPINION on denying Motion to Dismiss - Rule 12(b)(6). On or before 1/29/2021, defendant is directed to FILE an answer or otherwise respond to plaintiffs' complaint; and on or before 1/29/2021, the parties are directed to CONFER and FILE a Joint Status Report informing the court of their positions on the consolidation of this case with any other matters before the court. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made. Modified text on 12/1/2020

Keywords: re: Reported Opinion on Motion to Dismiss; RCFC 12(b)(6); Fair Labor Standards Act (FLSA), 29 U.S.C. §§ 201-19; Anti-Deficiency Act (ADA), 31 U.S.C. §§ 1341-42; Government Employees Fair Treatment Act of 2019 (GEFTA); Pub. L. No. 116-1, 133 Stat. 3 (2019).(TQ)

19-54 • D.P. et al v. USA

Filed 12/01/2020
REPORTED OPINION denying Motion to Dismiss - Rule 12(b)(6). On or before 1/29/2021, defendant is directed to FILE an answer or otherwise respond to plaintiffs' complaint; and on or before 1/29/2021, the parties are directed to CONFER and FILE a Joint Status Report informing the court of their positions on the consolidation of this case with any other matters before the court. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made. Modified text on 12/1/2020

Keywords: re: Reported Opinion on Motion to Dismiss; RCFC 12(b)(6); Fair Labor Standards Act (FLSA), 29 U.S.C. §§ 201-19; Anti-Deficiency Act (ADA), 31 U.S.C. §§ 1341-42; Government Employees Fair Treatment Act of 2019 (GEFTA); Pub. L. No. 116-1, 133 Stat. 3 (2019). (TQ)

19-63 • HERNANDEZ et al v. USA

Filed 12/01/2020
REPORTED OPINION denying Motion to Dismiss - Rule 12(b)(6). On or before 1/29/2021, defendant is directed to FILE an answer or otherwise respond to plaintiffs' complaint; and on or before 1/29/2021, the parties are directed to CONFER and FILE a Joint Status Report, informing the court of their positions on the consolidation of this case with any other matters before the court. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made. Modified text of deadlines to red font on 12/1/2020 (ead). Modified text on 12/2/2020

Keywords: re: Reported Opinion on Motion to Dismiss; RCFC 12(b)(6); Fair Labor Standards Act (FLSA), 29 U.S.C. §§ 201-19; Anti-Deficiency Act (ADA), 31 U.S.C. §§ 1341-42; Government Employees Fair Treatment Act of 2019 (GEFTA); Pub. L. No. 116-1, 133 Stat. 3 (2019). (TQ)

09-333 • KOOPMANN v. USA

Filed 12/01/2020
REPORTED OPINION granting Motion to Dismiss - Rule 41(b). Signed by Chief Judge Eleni M. Roumel. (klb) Service on parties made. Charles H. George, Allen E. Snook, Brian Leiding, James B. Brooks, Sr., Douglas R. Lund, David S. Meik, Joseph L. Galbraith, William Mullen, Magnus R. Hansen, Richard E. Newton, Wayne A. Jackson, William Royall, Jr, Stephen F. Jakubowski, Robert C. Seits, Gerald W. Johnson, Robert S. Tanons, John Joyce and George Williams served via U.S. mail.

20-66 • LANDGRAF v. USA

Filed 12/01/2020
REPORTED OPINION. The Court grants the defendant's motion to dismiss and dismisses the complaint under RCFC 12(b)(6) for failure to state a claim upon which relief can be granted. The Court will issue an order in accordance with this memorandum opinion. Signed by Judge Richard A. Hertling. (dhf) Service on parties made.

Keywords: re: Reported Opinion, Motion to Dismiss; Rule 12(b)(1); Jurisdiction; Rule 12(b)(6); sua sponte; Failure to State a Claim; Breach; Wetlands Reserve Program; Contract Formation; Preliminary Wetlands Reserve Plan of Operations; Promissory Estoppel.

19-257 • JONES v. USA

Filed 12/01/2020
REPORTED OPINION denying Motion to Dismiss - Rule 12(b)(6). On or before 1/29/2021, defendant is directed to FILE an answer or otherwise respond to plaintiffs' complaint; and on or before 1/29/2021, the parties are directed to CONFER and FILE a Joint Status Report informing the court of their positions on the consolidation of this case with any other matters before the court. Signed by Judge Patricia E. Campbell-Smith. (mrc) Service on parties made. Modified font color of deadline text to red on 12/1/2020

Keywords: re: Reported Opinion on Motion to Dismiss; RCFC 12(b)(6); Fair Labor Standards Act (FLSA), 29 U.S.C. §§ 201-19; Anti-Deficiency Act (ADA), 31 U.S.C. §§ 1341-42; Government Employees Fair Treatment Act of 2019 (GEFTA); Pub. L. No. 116-1, 133 Stat. 3 (2019).

20-758 • MELWOOD HORTICULTURAL TRAINING CENTER, INC. v. USA

Filed 11/30/2020
REPORTED OPINION. ECF No. is reissued without redactions. Signed by Judge David A. Tapp. (jm) Service on parties made.

Keywords re Reported Opinion: Motion to Dismiss; RCFC 12(b)(1); Ripeness; Pre-Award Bid Protest; AbilityOne; Section 898, National Defense Authorization Act of Fiscal Year 2017, Pub. L. No. 114-328, 130 Stat 2000; Javits-Wagner ODay Act, 41 U.S.C. §§ 850106; 41 C.F.R. 51

20-774 • NAVARRO RESEARCH AND ENGINEERING, INC. v. USA

Filed 11/30/2020
REPORTED OPINION of the court's November 3, 2020 **SEALED**OPINION denying plaintiff's [44] Motion for Leave to File; denying plaintiff's [32] Motion for Judgment on the Administrative Record; granting intervenor-defendant's [37] Cross Motion; and, granting defendant's [38] Cross Motion. The Clerk is directed to ENTER final judgment DISMISSING plaintiff's complaint with prejudice. On or before 11/25/2020, the parties are directed to CONFER and FILE a notice informing the court as to whether any redactions are required before the court makes this opinion publicly available, and if so, attaching an agreed-upon proposed redacted version of the opinion. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made. Modified on 11/30/2020 - pdf was substituted for correcting of e-filing date. (jt1)

Keywords: re: Reported Opinion, Post-Award Bid Protest; Motions for Judgment on the Administrative Record; RCFC 52.1(c); Plain Language Review; Agency Discretion. (TQ)

19-496 • ACADIANA MANAGEMENT GROUP, LLC et al v. USA

Filed 11/30/2020
REPORTED OPINION granting Motion for Leave to File Supplemental Brief; granting [18] Motion to Dismiss - Rule 12(b)(6). On or before 12/2/2020, defendant is directed to FILE its proposed supplemental brief, ECF No. 41-1, as a separate docket entry in this matter. The Clerk is directed to ENTER final judgment in defendant's favor, and DISMISS plaintiffs' complaint with prejudice. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made.

Keywords: re: Reported Opinion on Motion to Dismiss - Rule 12(b)(1) and (6); Bankruptcy Fees; Illegal Exaction; No Means of Transfer. (TQ)

20-1108 • THE TOLLIVER GROUP, INC. v. USA

Filed 11/30/2020
REPORTED OPINION granting Motion for Judgment on the Administrative Record, filed by PEOPLE, TECHNOLOGY AND PROCESSES, LLC.; granting [31] MOTION for Judgment on the Administrative Record, filed by The Tolliver Group, pursuant to RCFC 52.1 and denying Defendant's [30] CROSS-MOTION for Judgment on the Administrative Record. If Plaintiffs believe that they are also entitled to proposal preparation costs, they shall file a motion for such on or before December 14, 2020. Signed by Judge Matthew H. Solomson. (ids) Service on parties made. Modified text on 11/30/2020 (ead). Modified on 12/1/2020 by replacing PDF with corrected version (ead). (Main Document 44 replaced on 12/1/2020 to correct clerical error.)

Keywords re Order on MOTION for Judgment on the Administrative Record pursuant to RCFC 52.1 - Solicitation cancellation; Small Business Act; Rule of Two; set-aside; withdrawal; Federal Supply Schedule (FSS); multiple award contract; IDIQ; RAMCOR; SRA Int'l; Federal Acquisition Streamlining Act (FASA); Administrative Dispute Resolution Act of 1996 (ADRA); Competition in Contracting Act (CICA); GAO protest jurisdiction; Tucker Act jurisdiction; FAR Part 8; FAR Part 14; FAR Part 15; FAR Part 19.

15-501 • 3RD EYE SURVEILLANCE, LLC v. USA

Filed 11/30/2020
REPORTED OPINION: Reflecting redaction to opinion issued 11/20/20. Signed by Senior Judge Charles F. Lettow.

Keywords: Patent case; motion for partial summary judgment of infringement; cross-motion for judgment of noninfringement; 28 U.S.C. § 1498(a); all elements rule; evidence in dispute as to one element.

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