USCFC General Jurisdiction-Reported
U.S. Court of Federal Claims Opinions
Updated: 15 hours 37 min ago
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13-942 • DAVIDSON v. USA
REPORTED OPINION Status Report due by 7/27/2018. Signed by Senior Judge Eric G. Bruggink. (jpk1) Service on parties made.
Keywords: re: Reported Opinion: Copyright infringement; 28 U.S.C. § 1498(b); Originality; Fair use; 17 U.S.C. § 107; Flat fee license; Running royalty; Mixed license.
16-314 • 1100 W. EWING ASSOC, LLC v. USA
REPORTED OPINION denying Motion for Partial Summary Judgment; granting [30] Cross Motion for Summary Judgment; finding as moot [33] Cross Motion. The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler. (mg) Service on parties made.
Keywords: re: Rails to Trails Case; National Trails System Act, 16 U.S.C. § 1241 (2006); Washington State Property Law; Deed Interpretation; Easement; Fee Simple.
15-843 • BROOKS et al v. USA
REPORTED OPINION granting in part and denying in part Motion for Partial Summary Judgment; granting in part and denying in part [95] Motion for Summary Judgment. Joint Status Report due by 7/13/2018. Signed by Judge Margaret M. Sweeney. (kb1)
Keywords: re: Reported Opinion on Motion for Partial Summary Judgment, Order on Motion for Summary Judgment -- Rails-to-Trails; Fifth Amendment Taking; Threshold Title Issues; Centerline Presumption Under North Carolina Law; Intervening Public Road
17-1938 • IDEOGENICS LLC v. USA
REPORTED MEMORANDUM OPINION AND FINAL ORDER (PUBLIC VERSION); granting in part and denying in part Motion to Redact [42] Memorandum Opinion And Final Order, filed under seal June 20, 2018. Signed by Chief Judge Susan G. Braden. (bs) Service on parties made.
Keywords: re: Memorandum Opinion And Final Order (Public Version): 5 U.S.C. § 706 (Administrative Procedure Act, Scope of Judicial Review); 15 U.S.C. §§ 632(a)(2)(A) (Establishment of Size Standards), 637(a)(1)(B) (Section 8(a) Program); 28 U.S.C. § 1491(b)(1) (United States Court of Federal Claims Bid Protest Jurisdiction); 13 C.F.R. §§ 121.103(a)(1)(5) (General Principles Of Affiliation), (h)(4) (Ostensible Subcontractor Rule), 121.1003 (Where Should A Size Protest Be Filed?), 121.1008(d), 121.1009(b) (Basis For Determination), (c) (Burden Of Persuasion), (d) (Weight Of Evidence), (e) (Formal Size Determination), 134.205 (The Appeal File, Confidential Information, And Protective Orders) 134.225 (The Record), 134.306 (Transmission Of The Case File And Solicitation), 134.108(a) (Limitation On New Evidence), 134.314 (Standard Of Review); 48 C.F.R. §§ 9.103(a)-(b) (Policy), 9.104-1 (General Standards), 9.104-2 (Special Standards), 52.219-14 (Limitations On Subcontracting), 52.222-17 (Nondisplacement Of Qualified Workers); Exec. Order. 13495, 74 FED. REG. 6,103 (Feb. 4, 2009); Federal Acquisition Regulation; Nondisplacement of Qualified Workers Under Service Contracts, 77 FED. REG. 75,766 (Dec. 21, 2012); Rules Of The United States Court Of Federal Claims 5.4(b) (Length), 24(a) (Intervention Of Right), 52.1 (Motion For Judgment On The Administrative Record); Service Contract Act of 1965, Pub. L. No. 89-286, 79 Stat. 1034 (codified as amended at 41 U.S.C. §§ 6701-6707 (2012).
17-9002 • IN RE DOWNSTREAM ADDICKS AND BARKER (TEXAS) FLOOD-CONTROL RESERVOIRS v. USA
REPORTED ORDER: Government Status Report due by 5:00 p.m. (EDT) on 6/26/2018; Plaintiffs Status Report due by 5:00 p.m. (EDT) on 6/26/2018. Status Conference set for 6/29/2018 01:00 PM in Chambers (Telephonic) before Chief Judge Susan G. Braden. Signed by Chief Judge Susan G. Braden. (cn) Service on parties made.
15-732 • AKPENEYE et al v. USA
Reported Opinion denying Motion for Summary Judgment as well as granting in part and denying in part [37] Motion for Summary Judgment. The parties shall file a joint status report suggesting further proceedings by no later than 7/13/2018. Signed by Judge Margaret M. Sweeney.
Keywords: re: Order on Motion for Summary Judgment,,,, Reported Opinion, -- Motions for Partial Summary Judgment; Fair Labor Standards Act; Bona Fide Meal Break; Portal-to-Portal Act; Donning and Doffing; Overtime; Police Officers
18-846 • SVD STARS II, LLC v. USA
REPORTED OPINION Denying Motion for TRO and/or Preliminary Injunction. Signed by Judge Elaine D. Kaplan. (bl) Service on parties made. (Main Document 21 replaced on 6/22/2018 to correct error in PDF)
Keywords: re: Reported Opinion; Bid Protest; Temporary Restraining Order; Preliminary Injunction; Competition in Contracting Act; De Facto Override of Stay; 31 U.S.C. § 3553.
18-184 • BRESTLE v. USA
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1). Plaintiff's complaint is dismissed. The Clerk is directed to enter judgment. Signed by Senior Judge Marian Blank Horn. (ar) Service on parties made. [Sent via certified mail: 7012 3460 0001 7791 8255]
Keywords: re: Motion to Dismiss; Subject Matter Jurisdiction; Pro Se Plaintiff; In Forma Pauperis; Tort; Criminal Jurisdiction; Eighth Amendment to the United States Constitution; Freedom of Information Act.
17-581 • DRAKE v. USA
REPORTED MEMORANDUM OPINION AND FINAL ORDER denying Motion for Reconsideration - Rule 59(a). Signed by Chief Judge Susan G. Braden. (rp) Service on parties made. Plaintiff served via Certified Mail, Article No. 7017 1450 0000 1346 4360 (rp). Modified on 6/21/2018 to edit docket text.
Keywords: re: Reported Opinion and Final Order on Motion for Reconsideration - Rule 59(a): Rule of the United States Court of Federal Claims ("RCFC") 59 (Motion For Reconsideration).
14-388 • HARDY et al v. USA
REPORTED OPINION granting in part and denying in part Motion for Partial Summary Judgment and denying [202] Cross-Motion for Partial Summary Judgment. Signed by Judge Margaret M. Sweeney. (pp) Service on parties made.
Keywords re: Order on Motion for Partial Summary Judgment, Reported Opinion -- Rails-to-Trails; Cross-Motions for Partial Summary Judgment; RCFC 56; RCFC 42; Just Compensation; Delay Damages; Appropriate Interest Rate; Prudent Investor Rule; Compounding Interest.
16-620 • COUTURE HOTEL CORPORATE v. USA
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
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
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
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
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
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
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
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
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
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.
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