USCFC General Jurisdiction-Reported
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16-268 • CANPRO INVESTMENTS, LTD v. USA
REPORTED ORDER granting in part and denying in part Motion to Dismiss - Rule 12(b)(1) and (6) filed by USA. Signed by Judge Margaret M. Sweeney.
Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1) and (6), Reported Order: RCFC 12(b)(1); RCFC 12(b)(6); Motion to Dismiss; Jurisdiction; Submission of Claims to Contracting Officer; RCFC 9(k); Failure to State a Claim Upon Which Relief Can Be Granted; Breach of Contract; Contractual Duty; Implied Obligation; Superior Knowledge; Mutual Mistake; Misrepresentation; Concealment; Good Faith and Fair Dealing; Impossibility of Performance; Commercial Impracticability; Restitution for Frustration of Purpose.
16-1311 • GLOBAL DYNAMICS, LLC v. USA
REPORTED OPINION. Signed by Senior Judge Eric G. Bruggink. (jpk1) Copy to parties.
Keywords: re: Reported Order: Post-award bid protest; Priceanalysis; Price realism; waiver.
15-315 • FIRST CRYSTAL PARK ASSOCIATES LIMITED PARTNERSHIP v. USA
REPORTED OPINION denying Motion for Summary Judgment and granting [21] Cross-Motion for Summary Judgment. The Clerk is directed to enter judgment. Signed by Judge Elaine D. Kaplan.
Keywords: re: Breach of Lease; Offer and Acceptance; Counter-offer; RCFC 56; Summary Judgment; Contracting Officer.
16-688 • HORVATH v. USA
REPORTED MEMORANDUM OPINION AND ORDER granting Motion to Dismiss - Rule 12(b)(1) and (6); denying [11] Motion to Strike. The Clerk is directed to enter judgment. Signed by Judge Lydia Kay Griggsby.
Keywords: Federal Employees Pay Act (Title V), 5 U.S.C. 5541, et seq.; 12(b)(1), Subject Matter Jurisdiction; 12(b)(6), Failure to State a Claim, re: Memorandum Opinion and Order on Motion to Dismiss - Rule 12(b)(1) and (6), on Motion to Strike, Reported Opinion
11-335 • WYODAK RESOURCES DEVELOPMENT CORP. v. USA
REPORTED OPINION The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler.
Keywords: re: Surface Mining Control and Reclamation Act of 1977; American Society for Testing and Materials Coal Testing Standards.
15-1555 • LEE et al v. USA
REPORTED OPINION denying Motion to Amend Pleadings - Rule 15(b). Plaintiffs' motions for reconsideration and for leave to file a second amended complaint are DENIED. Signed by Judge Charles F. Lettow.
Keywords: re: Motions for reconsideration and for leave to file an amended complaint; RCFC 59(e); RCFC 15(a). (MZ)
13-6 • PUBLIC HOUSING AUTHORITIES DIRECTORS ASSOCIATION et al v. USA
REPORTED OPINION and ORDER of Dismissal granting in part and denying in part Defendant's Motion to Dismiss - Rule 12(b)(1); granting [36] Plaintiffs' Motion for Summary Judgment; denying [41] Defendant's Cross-Motion for Summary Judgment. Status Report due by 2/17/2017. The Clerk is directed to enter judgment in the specified cases. Signed by Judge Elaine D. Kaplan. (bl) Copy to parties. (Main Document 66 replaced on 1/18/2017 to edit case caption to include et al after the lead plaintiff's name)
Keywords: re: Order on Motion for Summary Judgment; Order on Motion to Dismiss - Rule 12(b)(1); Reported Opinion; Breach of Contract; United States v. Winstar Corp.; Incorporation by Reference; Funds Subject to Availability; 24 C.F.R. § 990.210(c).
14-147 • BONDYOPADHYAY v. USA
REPORTED CLAIM CONSTRUCTION OPINION AND ORDER. Signed by Judge Mary Ellen Coster Williams. (ac7) Copy to parties.
Keywords: Patent Infringement; 28 U.S.C. § 1498; Claim Construction; Person ofOrdinary Skill in the Art; Preamble; Ordinary and Customary Meaning;Specification.
16-1621 • GRANT v. USA
REPORTED Order of Dismissal denying Motion for Leave to Proceed in forma pauperis. The Clerk is directed to enter judgment. Signed by Chief Judge Patricia E. Campbell-Smith. (dls) Copy to parties. (Plaintiff served via certified mail; Article No. 7014 1200 0000 9093 6323)
Keywords: re: Pro Se Complaint; Sua Sponte Dismissal; Frivolous.
16-570 • HOOD v. USA
REPORTED OPINION dismissing plaintiff's complaint, and directing the Clerk of Court not to file future complaints in which plaintiff asserts allegations that arise from the same facts set forth in this case. 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 6330)
Keywords: re: Pro Se Plaintiff; 28 U.S.C. § 1500.
16-1259 • IT SHOWS, INC. v. USA
REPORTED OPINION. Signed by Senior Judge Eric G. Bruggink.
Keywords: re: Reported Order: Post-award Bid Protest; Cost Realism; Direct Costs; Indirect Costs; Ceiling Rates. (WT)
14-941 • HERRMANN et al v. USA
REPORTED OPINION granting Plaintiffs' Motion for Leave to File Designations of Deposition Testimony; granting [65] Defendant's Cross Motion for Leave to File Designations of Deposition Testimony; denying [66] Non-Parties' Motion in Limine to Testify Via Contemporaneous Video Transmission; granting [67] Plaintiffs' Motion in Limine to Remove Attorneys' Eyes Only Designations; denying [68] Defendant's Motion in Limine to Exclude Summary Exhibits and the Testimony of Evan Cohen. Signed by Judge Charles F. Lettow.
Keywords: re: Order on Motion for Leave to File, Order on Cross Motion, Order on Motion in Limine, Reported Opinion: pre-trial motions in limine; testimony by witnesses in person at trial rather than by contemporaneous video transmission; RCFC 43(a); RCFC 45(c); removal of attorneys' eyes only designation for certain documents and information; testimony of a witness who prepared summaries; Fed. R. Evid. 1006. (EK)
16-794 • HICKS 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 6316)
Keywords: re: Pro Se; 26 U.S.C. § 6402; Tax; Lack of Subject Matter Jurisdiction.
15-489 • YORK TELECOM CORPORATION v. USA
PUBLIC DECISION (Originally filed: 01/11/2017). Signed by Judge Lydia Kay Griggsby.
Keywords: re: Reported Opinion: Post-Award Bid Protest; Judgment upon the Administrative Record, RCFC 52.1; Supplementing the Administrative Record; Standing; FAR 52.212-1; Non-Manufacturer Rule; NAICS Code Size Standard.
16-1684 • MUNILLA CONSTRUCTION MANAGEMENT, LLC v. USA
REPORTED OPINION on MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by MUNILLA CONSTRUCTION MANAGEMENT, LLC. Signed by Judge Elaine D. Kaplan.
Keywords: re: Temporary Restraining Order; Likelihood of Success; Irreparable Harm; Bid Protest; 28 U.S.C. § 1491(b).
16-259 • HEALTH REPUBLIC INSURANCE COMPANY v. USA
REPORTED OPINION granting in part and denying in part Motion to Dismiss - Rule 12(b)(1). Defendant shall file an answer in accordance with the court's rules. Signed by Judge Margaret M. Sweeney. (kb1)
Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1), Reported Opinion -- Section 1342 of the Patient Protection and Affordable Care Act, 42 U.S.C. § 18062; 45 C.F.R. pt. 153; Risk Corridors Program; RCFC 12(b)(1) Motion to Dismiss; Subject Matter Jurisdiction; Money-Mandating Statute and Regulation; Presently Due Money Damages; Ripeness; Agency Interpretation of Its Own Regulations; Requirement of Annual Risk Corridors Payments
11-273 • SMALL v. USA
REPORTED OPINION. Signed by Judge Marian Blank Horn.
Keywords: re: Reported Opinion: Equal Access to Justice Act, 28 U.S.C. § 2412; Attorneys Fees and Reasonable Expenses.
16-1056 • NYABWA v. USA
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1) and (6). The Clerk is directed to enter judgment. Signed by Judge Marian Blank Horn. (ar) Copy to parties. [Tracking No. 7014 1200 0000 9093 5524]
Keywords: re: 28 U.S.C. § 1495; 28 U.S.C. § 2513; Motion to Dismiss; ProSe.
06-141 • SHELL OIL COMPANY et al v. USA
REPORTED OPINION. Signed by Judge Susan G. Braden.
Keywords: re: Comprehensive Environmental Response,Compensation, and Liability Act, 42 U.S.C. § 9601 et seq.;Damages Caused By Breach Of Contract;Federal Rules of Evidence (FRE) 702 (Experts); Remand.
12-527 • RQ SQUARED, LLC v. USA
REPORTED OPINION/ORDER issued under seal on 12/14/2016. No redactions were proposed by the parties. Thus, the sealed and public versions of this opinion are identical, except for the publication date and footnote 1. Signed by Senior Judge Lynn J. Bush.
Keywords: re: Reported Order, Implied-in-Fact Contract Claim; SecondRCFC 56(d) Request; Mere Speculation as to the Existence of AdditionalUndiscovered Relevant Facts; No Genuine Issues of Material Fact. (TQ)
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