USCFC General Jurisdiction-Reported

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19-469 • IACCESS TECHNOLOGIES, INC. v. USA

Filed 06/24/2019
REPORTED OPINION and ORDER. Public redacted version of the court's May 31, 2019 opinion filed under seal [69]. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made.

Keywords: re: Reported Opinion. Pre-Award Bid Protest; Exclusion from Competitive Range; Unsuccessful Challenge to Technical Ratings; Discussions Held with Offerors Were Meaningful and Not Misleading; No Improper Responsibility Determination. (TQ)

14-251 • BISHOP HILL ENERGY LLC v. USA

Filed 06/20/2019
REPORTED OPINION. Signed by Senior Judge Robert H. Hodges, Jr.

14-250 • CALIFORNIA RIDGE WIND ENERGY LLC v. USA

Filed 06/20/2019
REPORTED OPINION. Signed by Senior Judge Robert H. Hodges, Jr.

15-1072 • ST. BERNARD PARISH GOVERNMENT v. USA

Filed 06/20/2019
REPORTED ORDER denying Defendant's motion for reconsideration. Joint status report due by 06/27/2019. Signed by Senior Judge Marian Blank Horn. (td) Service on parties made.

Keywords: Motion for Reconsideration; RCFC 59; Standing.

16-1276 • CITY OF FRESNO et al v. USA

Filed 06/19/2019
RE-DOCKETED FOR POSTING ON WEBSITE/WESTLAW. REPORTED OPINION AN ORDER: denying [87] Motion to Disqualify Counsel. Signed by Senior Judge Mary Ellen Coster Williams. (ac7) Service on parties made.

Keywords: Motion to Disqualify Counsel; Law Firm's Concurrent Representation of Adverse Parties; Implied Waiver; Unreasonable Delay; California Rules of Professional Conduct; Fifth Amendment Takings; Water Rights.

17-205 • REID v. USA

Filed 06/14/2019
REPORTED MEMORANDUM OPINION AND ORDER granting in part the government's Motion to Dismiss; denying [20] plaintiff's Motion for Summary Judgment; granting [25] the government's Motion for Summary Judgment; and dismissing the casREPORTED MEMORANDUM OPINION AND ORDER granting in part [25] the government's Motion to Dismiss; denying [20] plaintiff's Motion for Summary Judgment; granting [25] the government's Motion for Summary Judgment; and dismissing the case. The Clerk is directed to enter judgment. Signed by Judge Lydia Kay Griggsby. (jp) Service on parties made.e. The Clerk is directed to enter judgment. Signed by Judge Lydia Kay Griggsby. (jp) Service on parties made.

Keywords: Civilian Pay; RCFC 56; Civilian Marine Personnel Instructions; 5 U.S.C. § 5348; 46 U.S.C. § 10313; re: Reported Memorandum Opinion and Order.

06-896 • WESTERN SHOSHONE IDENTIFIABLE GROUP v. USA

Filed 06/13/2019
REPORTED OPINION. Signed by Senior Judge Marian Blank Horn. (jm5) Service on parties made. Modified on 6/27/2019 - updated pdf (jt1).

Keywords: re: Reported Opinion: Tribal Trust Funds; 25 U.S.C. § 162a; Breach of Fiduciary Duty; Duty to Prudently Invest.

15-962 • WOODIES HOLDINGS, L.L.C. v. USA

Filed 06/13/2019
REPORTED OPINION. Signed by Senior Judge Eric G. Bruggink. (jpk1) Service on parties made.

Keywords: re: Reported Opinion: Breach of lease; Tax adjustment clause; Real estate taxes; Base year; Reformation; Unilateral Mistake; Conscious ignorance; Knew or should have known; Contract Disputes Act; Prompt Payment Act.

18-395 • DCX-CHOL ENTERPRISES, INC. v. USA

Filed 06/13/2019
REPORTED ORDER. Signed by Senior Judge Victor J. Wolski. (jad) Service on parties made.

Keywords: re: Reported Order Contract Disputes Act, 41 U.S.C. § 7103(f)(5); claim deemed denied; claim pending in bid protest; K-Con Bldg. Sys. rule; different remedy, different claim; complex issues; RCFC 52.2 remand.

17-1796 • SAN ANTONIO HOUSING AUTHORITY v. USA

Filed 06/11/2019
REPORTED OPINION granting in part and denying in part Defendant's motion to dismiss. Signed by Senior Judge Marian Blank Horn. (td) Service on parties made.

Keywords: Motion to Dismiss; Breach of Contract; Monetary Damages; Equitable Relief; Sections 8 and 9 of the 1937 Housing Act; Appropriations; Moving to Work Demonstration Program.

18-998 • MLS-MULTINATIONAL LOGISTIC SERVICES, LTD v. USA

Filed 06/11/2019
REPORTED OPINION. Signed by Senior Judge Marian Blank Horn. (jm5) Service on parties made.

Keywords: re: Reported Opinion. Pre-Award Bid Protest; Motion to Dismiss; Lack of Subject Matter Jurisdiction; Standing; Wavier; Contract Disputes Act.

17-1446 • LANGAN v. USA

Filed 06/11/2019
REPORTED Order on First MOTION to Alter or Amend Judgment pursuant to Rule 59(e) filed by CHRISTOPHER P. LANGAN granting in part and denying in part. The Judgment entered on November 28, 2018 is VACATED. The Clerk is directed to enter judgment. Signed by Judge Elaine D. Kaplan. (vds) Service on parties made. U.S. Certified Mail Tracking# 7018 0040 0001 1393 1297

Keywords: Keywords: Military Pay; Voluntary Separation Pay; Tax Refund; Statute of Limitations; Motion to Reconsider; Motion for Relief from Judgment;Subject-Matter Jurisdiction

16-1268 • JUST IN TIME STAFFING v. USA

Filed 06/11/2019
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1)and Rule 12(b)(6). The Clerk is directed to enter judgment. Signed by Senior Judge Bohdan A. Futey. (dg) Service on parties made.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1)and Rule 12(b)(6), Reported Opinion: Contract Disputes Act; Constructive Change; Inherently Governmental Function; National Labor Relations Act.

17-2057 • MAINE COMMUNITY HEALTH OPTIONS v. USA

Filed 06/10/2019
REPORTED OPINION granting Motion for Summary Judgment. The Clerk is directed to enter judgment for plaintiff in the amount of $19,230,875.27, which represents $846,493.02 in unpaid cost-sharing reduction reimbursements for 2017 and $18,384,382.25 in unpaid cost-sharing reduction reimbursements for 2018. Signed by Chief Judge Margaret M. Sweeney. (kb1)

Keywords: re: Order on Motion for Summary Judgment,, Reported Opinion, -- Affordable Care Act; Cost-Sharing Reduction Payments; 42 U.S.C. § 18071; Statutory Violation; Implied-in-Fact Contract; Motion for Summary Judgment, RCFC 56

19-771 • SHAPIRO v. USA

Filed 06/04/2019
REPORTED ORDER mooting plaintiff's application to proceed in forma pauperis, and directing the Clerk to enter judgment dismissing plaintiff's complaint for failure to state a claim and for lack of jurisdiction. Signed by Senior Judge Marian Blank Horn. (rp) Service on parties made. Plaintiff served via certified mail, article number 7018 0040 0001 1393 1778.

Keywords: Pro Se Plaintiff; Failure to State a Claim; Absence of Jurisdiction.

19-216 • MONROE v. USA

Filed 05/31/2019
REPORTED OPINION AND ORDER granting Motion to Dismiss - Rule 12(b)(1). Complaint dismissed without prejudice. The Clerk is directed to enter judgment. Signed by Senior Judge Charles F. Lettow. (rp) Service on parties made. Plaintiff served via certified mail, article number 7005 2570 0001 8602 3116.

Keywords: Claim for refund of garnishment of Army retirement pay; applicability of the Uniformed Service Former Spouses' Protection Act; 10 U.S.C. § 1408.

16-793 • SHEA v. USA

Filed 05/31/2019
REPORTED OPINION and ORDER: finding NCIS classified improperly Mr. Shea as FLSA exempt; finding NCIS erred in good faith and with a reasonable basis, precluding liquidated damages; denying plaintiff's request to reconsider grant of summary judgment to government on willfulness; denying plaintiff's Motion to Compel; awarding $42,750.84 in compensatory damages for July 2014 through September 2018; and awarding compensatory damages under the same methodology for overtime hours accrued after October 2018 until Mr. Shea has been classified as non-exempt. In due course, Mr. Shea may apply for an award of reasonable costs and reasonable fees for witnesses and attorneys under 29 U.S.C. § 216(b). The Clerk is directed to enter final judgment under RCFC 54(b) as specified. Signed by Senior Judge Charles F. Lettow.

Keywords: re: Post-trial decision on claim by federal employee for unpaid overtime and premium pay pursuant to the Fair Labor Standards Act, 29 U.S.C. § 216(b); primary duty test for exempt employees; 5 C.F.R. § 551.202(e); alternate test based on combination of functions; 5 C.F.R. § 551.202(h); measure of back pay; liquidated damages.

16-950 • CB&I AREVA MOX SERVICES, LLC v. USA

Filed 05/29/2019
REPORTED ORDER denying in part and finding moot in part Motion. Signed by Judge Thomas C. Wheeler. (ez) Service on parties made.

Keywords: re: Order on Motion for Miscellaneous Relief, Reported Order Contracts Disputes Act; 41 U.S.C. § 7109; Contractor Claim; Appeal of a Government Claim; Recovery of Interest

17-1969 • BOEING COMPANY v. USA

Filed 05/29/2019
REPORTED OPINION denying Motion for Judgment on the Pleadings; granting [15] Motion to Dismiss - Rule 12(b)(1) and (6). The Clerk is directed to enter final judgment DISMISSING plaintiff's compliant, as follows: Count I, Count II and Count III, with prejudice; and Count IV, without prejudice, for lack of subject matter jurisdiction. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made.

Keywords: re: Order on Motion for Judgment on the Pleadings,, Order on Motion to Dismiss - Rule 12(b)(1) and (6)Reported Opinion. Contract; Cost Accounting Standards Dispute; Failure to Establish Jurisdiction for Illegal Exaction Claim; Cross-Motions for Summary Judgment, RCFC 56; Waiver of Claims. (TQ)

19-615 • FISHER SAND & GRAVEL CO. v. USA

Filed 05/29/2019
REPORTED ORDER. Signed by Senior Judge Eric G. Bruggink. (jpk1) Service on parties made.

Keywords: re: Reported Order: Post-award bid protest; CICA stay override; Urgent and compelling circumstances; Determination and finding; Reilly Factors; AFARS 5133.104(b)(a)(A); National emergency; National Security.

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