USCFC General Jurisdiction-Reported

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19-974 • CHROMALLOY SAN DIEGO CORPORATION v. USA

Filed 09/03/2019
REPORTED OPINION reissuing **SEALED**OPINION for publication. Signed by Chief Judge Margaret M. Sweeney. (kb1)

Keywords: re: Reported Opinion -- Bid Protest; Challenge to Solicitation Requirements; Motion to Supplement the Administrative Record; Technical Data Rights

19-52 • WOLFFING v. USA

Filed 08/30/2019
REPORTED OPINION AND ORDER granting Motion to Dismiss - Rule 12(b)(1) and (6). The Clerk is directed to enter judgment. Signed by Chief Judge Margaret M. Sweeney. (rp) Service on parties made. Plaintiff served via certified mail, article number 7018 0040 0001 1393 2386.

Keywords: Pro Se Plaintiff; RCFC 12(b)(1); RCFC 12(b)(6); Tax Refund Suits; Claims Against Individuals; Fraud; Due Process; Illegal Collection; Tax Court Jurisdiction; Flora Full Payment Rule; I.R.C. §§ 6020(b), 6511(b)(2)(A), 6402(a), 6513(b)(1), 6532(a), 7422(a).

19-349 • BRAUN v. USA

Filed 08/30/2019
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1). The Clerk is directed to enter judgment. Signed by Senior Judge Marian Blank Horn. (dls) Service on parties made. (Plaintiff served via certified mail; Article No. 7018 0040 0001 1393 0528)

Keywords: re: Pro Se Plaintiff; Motion to Dismiss; Subject Matter Jurisdiction; Privacy Act; 28 U.S.C. § 1494; Administrative Procedures Act.

18-1894 • ORR et al v. USA

Filed 08/30/2019
OPINION denying Motion to Dismiss - Rule 12(b)(6). Signed by Senior Judge Marian Blank Horn. (jm5) Service on parties made.

Takings; Motion to Dismiss; Failure to State a Claim; Lack of Jurisdiction; Tort; Doctrine of Necessity Keywords: re: Order on Motion to Dismiss - Rule 12(b)(6), Reported Opinion

13-165 • KENNEDY v. USA

Filed 08/30/2019
REPORTED OPINION granting Motion for Judgment on the Administrative Record and denying [129] Cross-Motion for Judgment on the Administrative Record. The Clerk is directed to enter judgment. Signed by Chief Judge Margaret M. Sweeney. (pp) Service on parties made.

Keywords: Military Pay; NROTC Scholarship Benefits; Quantum; Cross-Motions for Judgment on the Administrative Record.

18-1141 • JACKSON-GREENLY FARM, INC. et al v. USA

Filed 08/30/2019
REPORTED OPINION AND ORDER granting Motion to Dismiss - Rule 12(b)(1) and (6). The Clerk is directed to enter judgment. Signed by Judge Elaine D. Kaplan. (kb) Service on parties made.

Keywords re [33]: Motion to Dismiss; RCFC 12(b)(1); Statute of Limitations; 28 U.S.C. § 2501; Stabilization Doctrine; Takings Clause; Flooding.

18-1032 • KUDSK CONSTRUCTION, INC., v. USA

Filed 08/30/2019
REPORTED OPINION denying MOTION to partially Dismiss pursuant to Rule 12(b)(6), Count I in part and Count IV filed by USA. The parties are directed to FILE a Joint Status Report on or before 9/20/2019 proposing the next steps in this litigation. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(6),, Reported Opinion. Contract; RCFC 12(b)(6); Plausible Claim for Damages Due to Delayed Notice to Proceed; Reporting Requirements Not Necessarily Incorporated into Contract by Christian Doctrine. (TQ)

19-244 • E&I GLOBAL ENERGY SERVICES, INC. et al v. USA

Filed 08/29/2019
REPORTED OPINION granting in part and denying in part Motion to Dismiss - Rule 12(b)(1) and (6). Signed by Senior Judge Eric G. Bruggink. (rr) Service on parties made.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1) and (6), Reported Opinion Contracts; partial motion to dismiss for lack of subject matter jurisdiction; failure to state a claim; RCFC 12(b)(1); RCFC 12(b)(6)

18-523 • WOLFING et al v. USA

Filed 08/29/2019
REPORTED OPINION denying Motion to Dismiss - Rule 12(b)(1), granting in the alternative Motion to Remand; denying [30] Motion to Strike. (Defendant's Status Report due by 11/27/2019). Signed by Senior Judge Mary Ellen Coster Williams. (ag) Service on parties made.

Keywords: re: Reported Opinion on Motion to Dismiss-- Army Housing Entitlements; Reserve Component; 37 U.S.C. § 403; Joint Travel Regulations 10002.A, 10414.A.1-3, 10428.B; Rule 12(b)(1); Motion to Dismiss Rule 52.2; Motion to Remand.

14-494 • BAHA v. USA

Filed 08/28/2019
REPORTED OPINION denying in part and deferring in part on Motion for Summary Judgment; granting in part and deferring in part [90] Motion for Partial Summary Judgment. Any claims arising under the 32-Lease are stayed until December 13, 2019. Joint Status Report due by 12/16/2019.Signed by Senior Judge Nancy B. Firestone. (lb) Service on parties made.

Keywords: re: Partial Summary Judgment, Rule 56, Release, Contract Interpretation, Subject Matter Jurisdiction, Implied-in-Law Contract, Equitable Estoppel, Stay.

19-742 • SPACE EXPLORATION TECHNOLOGIES CORP. v. USA

Filed 08/28/2019
REPORTED MEMORANDUM OPINION AND ORDER granting the government's motion to dismiss, granting SpaceX's motion to transfer venue, and dismissing the complaint. Signed by Judge Lydia Kay Griggsby. (jw) Service on parties made.

Keywords: Post-Award Bid Protest; Motion to Dismiss; Rule 12(b)(1); Other Transactions; 10 U.S.C. §§ 2371 and 2371b, re: Reported Memorandum Opinion and Order.

19-625 • INDUSTRIAL SUPPLIES, LLC v. USA

Filed 08/28/2019
REPORTED OPINION granting in part and denying in part Motion to Dismiss - Rule 12(b)(1) and (6) The Clerk is directed to enter judgment. Signed by Chief Judge Margaret M. Sweeney. (ac7) Service on parties made. (Certified Mail #7018 0040 0001 1393 4724)

19-1234 • PEKRUL v. USA

Filed 08/28/2019
REPORTED OPINION: The Court of Federal Claims lacks jurisdiction toentertain the claims expressly or implicitly asserted by Mr. Pekrul. The Clerk is directed to enter judgment. Signed by Chief Judge Margaret M. Sweeney. (ac7) Service on parties made. (Certified Mail #7018 0040 0001 1393 4717)

19-676 • WELLPOINT MILITARY CARE CORP v. USA

Filed 08/27/2019
REPORTED MEMORANDUM OPINION AND ORDER denying WellPoint's Motion for Judgment on the Administrative Record; granting the government's Motion for Judgment on the Administrative Record; granting Optum's Motion for Judgment on the Administrative Record; and dismissing the complaint. Signed by Judge Lydia Kay Griggsby. (jp) Service on parties made.

Keywords: Post-Award Bid Protest; Motion For Judgment Upon The Administrative Record; RCFC 52.1; Best Value Determination; Trade-Off Analysis, re: Reported Memorandum Opinion and Order.

19-685 • TRAX INTERNATIONAL CORPORATION v. USA

Filed 08/27/2019
PUBLIC OPINION re Order on Motion for Judgment on the Record, Order on Cross Motion, Order on Motion to Strike, Order on Motion to Supplement the Administrative Record; granting in part and denying in part [34] Motion to Redact Order on Cross-Motions for Judgment on the Administrative Record. Signed by Judge Elaine D. Kaplan. (kb) Service on parties made.

Keywords re [35]: Standing; Prejudice; Pre-Award Protest; FAR 15.206(a); Procurement Integrity Act; Substantial Chance; Non-Trivial Competitive Injury.

18-1851 • APL MICROSCOPIC, LLC v. USA

Filed 08/27/2019
REPORTED OPINION granting in part and denying in part Motion to Dismiss - Rule 12(b)(1) and (6). See order for details. The parties are directed to file a joint proposed litigation schedule by no later than Friday, September 6, 2019. Signed by Senior Judge Edward J. Damich. (co) Service on parties made.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1) and (6),, Reported Opinion, Copyright Infringement, Motion to Dismiss, Statute of Limitations, Subject Matter Jurisdiction, Display Rights, Separate Harms, Continuing Harm, Failure to State a Claim, Reproduction Rights, Distribution Rights.

18-1579 • ELLIS v. USA

Filed 08/20/2019
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1); finding as moot [4] Motion for Leave to Proceed in forma pauperis; finding as moot [24] Motion for Leave to File 2006 Proposed Jaja's Contract. The Clerk is directed to enter judgment. Signed by Senior Judge Marian Blank Horn. (rp) Service on parties made. Plaintiff served via certified mail, article number 7018 0040 0001 1393 4915. Modified on 9/19/2019 - Corrected text(jt1).

Keywords: Pro Se Plaintiff; Subject-Matter Jurisdiction; Motion to Dismiss; Tax; Tax Refund.

18-1768 • EL v. USA

Filed 08/20/2019
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1) and (6). The Clerk is directed to enter judgment. Signed by Senior Judge Marian Blank Horn. (rp) Service on parties made. Plaintiff served via certified mail, article number 7018 0040 0001 1393 4908

Keywords: Pro Se Plaintiff; Tax; RCFC (9)m; Subject Matter Jurisdiction; Failure to State a Claim; Breach of Contract; Due Process; Fifth Amendment.

18-38 • STATE OF SOUTH CAROLINA v. USA

Filed 08/20/2019
REPORTED OPINION denying Motion for Summary Judgment; granting [16] Cross Motion. The Clerk is directed to enter judgment. Signed by Chief Judge Margaret M. Sweeney. (lfh) Service on parties made.

Keywords: re: Order on Motion for Summary Judgment, Order on Cross Motion [Dispositive], 50 U.S.C. § 2566, Appropriations, Cross-Motions for Summary Judgment, Economic and Impact Assistance Payments, Judgment Fund, RCFC 56, Reported Opinion.

19-593 • CRITERION SYSTEMS, INC. v. USA

Filed 08/19/2019
REPORTED OPINION. Signed by Judge Richard A. Hertling. (abg) Service on parties made.

Keywords: re: Pre-Award Bid Protest; Late Quote; RCFC 52.1; Judgment on the Administrative Record; Administrative Record; 28 U.S.C. Section 1491(b).

Pages

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