USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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17-113 • DOMINICK et al v. USA

Filed 12/19/2017
REPORTED OPINION denying Motion to Certify Class, without prejudice. Signed by Chief Judge Susan G. Braden. (bs) Service on parties made.

Keywords: re: Order on Motion to Certify Class, Reported Opinion: Back Pay Act of 1966, 5 U.S.C. § 5596 (2012); Collective Action; Conditional Certification; Fair Labor Standards Act of 1938, 29 U.S.C. §§ 201-219 (2012).

17-3000 • IN RE ADDICKS AND BARKER (TEXAS) FLOOD-CONTROL RESERVOIRS V. USA

Filed 12/19/2017
REPORTED ORDER Notice of Compliance due by 12/19/2017.. Signed by Chief Judge Susan G. Braden. (cn) Service on parties made.

17-1765 • INTELLIGENT WAVES, LLC v. USA

Filed 12/19/2017
REPORTED OPINION. Redacted version of Opinion and Order denying [23] Motion for TRO/PI and denying [25] Motion for TRO/PI. Signed by Judge Margaret M. Sweeney. (pp) Service on parties made.

Keywords re: Reported Opinion -- Post-Award Bid Protest; Motions for a Temporary Restraining Order and Preliminary Injunction; Likelihood of Success on the Merits; Organizational and Consultant Conflict of Interest; Evaluation of Proposals; FAR 15.305(a); Irreparable Injury; Balance of Harms; Public Interest; National Defense; National Security; Failure to Submit a Declaration or Affidavit Supplying Evidentiary Support.

17-3000 • IN RE ADDICKS AND BARKER (TEXAS) FLOOD-CONTROL RESERVOIRS V. USA

Filed 12/18/2017
REPORTED ORDER rescheduling hearing. Hearing set for 12/20/2017 09:30 AM in Courtroom 10-B in the United States District Court for the Southern District of Texas, 515 Rusk Street, Houston before Chief Judge Susan G. Braden. Signed by Chief Judge Susan G. Braden. (cn) Service on parties made.

17-3000 • IN RE ADDICKS AND BARKER (TEXAS) FLOOD-CONTROL RESERVOIRS V. USA

Filed 12/15/2017
REPORTED ORDER Hearing set for 12/20/2017 10:30 AM in Courtroom 10-B in the United States District Court for the Southern District of Texas, 515 Rusk Street, Houston before Chief Judge Susan G. Braden.. Signed by Chief Judge Susan G. Braden. (cn) Service on parties made.

16-261 • PRECISION ASSET MANAGEMENT CORP. v. USA

Filed 12/13/2017
REPORTED OPINION of 11/9/2017 opinion issued under seal. The parties submitted their proposed redactions on 11/21/2017 and were acceptable to the court. Brackets ([ ]) identify the redacted portions of this opinion.. Signed by Judge Patricia E. Campbell-Smith.

Keywords: re: Reported Opinion. Bid Protest; Meaningful Discussions; 48 C.F.R. § 15.306(d)(3) (2015); Injunctive Relief. (TQ)

17-973 • VINCENT v. USA

Filed 12/13/2017
REPORTED OPINION granting Motion for Leave to Proceed in forma pauperis; granting [8] Motion to Dismiss - Rule 12(b)(1). The Clerk is directed to enter judgment for defendant, dismissing plaintiff's complaint for lack of subject matter jurisdiction, without prejudice. Signed by Judge Patricia E. Campbell-Smith. [Sent via certified mail: 7017 1450 000 1346 0539]

Keywords: re: Motion to Dismiss, RCFC 12(b)(l); No Jurisdiction Over Tort, Due Process and Criminal Claims; Transfer Not Permitted by Law.

17-417 • ROBINSON v. USA

Filed 12/13/2017
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1) and (6). The Clerk is directed to enter judgment in favor of defendant dismissing plaintiff's complaint for lack of subject matter jurisdiction, without prejudice. Signed by Judge Patricia E. Campbell-Smith. (ar) Copy to parties. [Sent via certified mail: 7017 1450 0000 1346 0522]

Keywords: re: Pro Se Complaint; Dismissal for Lack of Subject Matter Jurisdiction or, in the Alternative, for Failure to State a Claim upon which Relief Can Be Granted; RCFC 12(b)(l); RCFC 12(b)(6); Claim for Reinstatement ofHealth Coverage for Minor Children Irrespective of State Court Order.

17-969 • VINCENT v. USA

Filed 12/13/2017
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1); granting [9] Motion for Leave to Proceed in forma pauperis. The Clerk is directed to enter judgment for defendant, dismissing plaintiff's complaint, without prejudice. Signed by Judge Patricia E. Campbell-Smith. [Sent via certified mail: 7017 1450 000 1346 0546]

Keywords: re: Motion to Dismiss, RCFC 12(b)(l); No Jurisdiction Over Tort,Discrimination, Criminal, or Veterans Benefits Claims; Transfer Would Be Futile.

16-1453 • ANALYTICAL GRAPHICS, INC. v. USA

Filed 12/12/2017
REPORTED OPINION. Signed by Judge Marian Blank Horn.

Bid Protest; Cross-Motions for Judgment on the Administrative Record; Small Business Set-Aside; Commercial Availability; 10 U.S.C. § 2377. Keywords: re: Reported Opinion

17-3000 • IN RE ADDICKS AND BARKER (TEXAS) FLOOD-CONTROL RESERVOIRS V. USA

Filed 12/11/2017
REPORTED ORDER. Signed by Chief Judge Susan G. Braden.

17-3000 • IN RE ADDICKS AND BARKER (TEXAS) FLOOD-CONTROL RESERVOIRS V. USA

Filed 12/08/2017
REPORTED ORDER denying Motion to Vacate. Signed by Chief Judge Susan G. Braden. (ar) Copy to parties. **REDOCKETED FOR ADMINISTRATIVE PURPOSES**

17-1080 • XPO LOGISTICS WORLDWIDE GOVERNMENT SERVICES, LLC v. USA

Filed 12/08/2017
REPORTED OPINION denying Plaintiff's Motion for A Stay Pending Appeal. Signed by Judge Elaine D. Kaplan.

Keywords: re: RCFC 62(c); Injunction Pending Appeal; Likelihood of Success on the Merits; Irreparable Harm; Bid Protest

16-1017 • WELTY et al. v. USA

Filed 12/08/2017
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1) and (6) The Clerk is directed to enter final judgment in favor of defendant DISMISSING with prejudice plaintiffs' complaint for failure to state a claim upon which relief may be granted. Signed by Judge Patricia E. Campbell-Smith.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1) and (6), Reported Opinion. Motion to Dismiss; RCFC 12(b)(1); RCFC 12(b)(6); Fifth Amendment Takings; Statute of Limitations; Accrual Suspension; Stabilization Doctrine. (TQ)

17-855 • HAHNENKAMM, LLC v. USA

Filed 12/07/2017
REPORTED ORDER denying Motion to Dismiss - Rule 12(b)(1) and (6) filed by USA. The government shall file an answer to Hahnenkamm's complaint within the time specified by RCFC 12(a)(4)(A)(i). Signed by Judge Charles F. Lettow.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1) and (6), Reported Order: Statutory and contractual claims; jurisdiction; Santini-Burton Act; Southern Nevada Public Land Management Act; alleged breach of contractual terms sufficient to state a claim for relief under the Tucker Act.

15-1232 • PITTMAN v. USA

Filed 12/05/2017
REPORTED OPINION granting Motion for Judgment on the Administrative Record; denying [32] Cross Motion The Clerk is directed to enter judgment dismissing Plaintiff's Complaint. Signed by Chief Judge Susan G. Braden.

Keywords: re: Order on Motion for Judgment on the Admin. Record, Order on Cross Motion [Dispositive], Reported Opinion: Air Force Instruction 36-2605, 36-2606, 36-3212; Military Pay Act, 37 U.S.C. § 204 (2012); Military Rules of Evidence (MRE) 103(a)(1); 301(f)(2)(3); 317; 401; 403; 404; 615; Rule for Courts-Martial (RCM) 915; Rule of the United States Court of Federal Claims (RCFC) 52.1(c); Tucker Act Jurisdiction, 28 U.S.C. § 1491 (2012); Uniform Code of Military Justice, 10 U.S.C. §§ 801946a (2006).

17-664 • CONTINENTAL SERVICE GROUP, INC. v. USA

Filed 12/04/2017
REPORTED MEMORANDUM OPINION and FINAL ORDER granting Motion to Dismiss. Signed by Chief Judge Susan G. Braden. **REDOCKETED FOR ADMINISTRATIVE PURPOSES ONLY**

Keywords: re: Fair Debt Collection Practices Act (FDCPA),15 U.S.C. § 1692 (2012); Rule of the United States Court of Federal Claims(RCFC) 12(b)(1) (Lack of Subject Matter Jurisdiction and Lack ofStanding); 40.1(b)(Assigning and Transferring Cases); Unfair, Deceptive, or Abusive Acts or Practices (UDAAP), 12 U.S.C. § 5536 (2012); United States Court of Federal Claims Bid Protest Jurisdiction, 28 U.S.C.§ 1491(b)(1). (ar)Keywords: re: [60] Fair Debt Collection Practices Act (FDCPA),15 U.S.C. § 1692 (2012); Rule of the United States Court of Federal Claims (RCFC) 12(b)(1) (Lack of Subject Matter Jurisdiction and Lack of Standing); 40.1(b)(Assigning and Transferring Cases); Unfair, Deceptive, or Abusive Acts or Practices (UDAAP), 12 U.S.C. § 5536 (2012); United States Court of Federal Claims Bid Protest Jurisdiction, 28 U.S.C.§ 1491(b)(1).

10-707 • OASIS INTERNATIONAL WATERS, INC. v. USA

Filed 12/01/2017
REPORTED OPINION. Signed by Judge Marian Blank Horn.

Trial; Counterclaim; Fraud; False Claims Act; Special Plea in Fraud; Contract Disputes Act. Keywords: re: Reported Opinion (jm5)Trial; Contract Interpretation; Duress; Fraud; Special Plea in Fraud; False Claims Act; Anti-Fraud Provision of the Contract Disputes Act. Keywords: re: [540] Reported Opinion (jm5)Trial; Contract Interpretation; Site Conditions; Law of the Case; Quantum; Delay. Keywords: re: [541] Reported Opinion

10-707 • OASIS INTERNATIONAL WATERS, INC. v. USA

Filed 12/01/2017
REPORTED OPINION. Signed by Judge Marian Blank Horn.

Trial; Counterclaim; Fraud; False Claims Act; Special Plea in Fraud; Contract Disputes Act. Keywords: re: Reported Opinion (jm5)Trial; Contract Interpretation; Duress; Fraud; Special Plea in Fraud; False Claims Act; Anti-Fraud Provision of the Contract Disputes Act. Keywords: re: [540] Reported Opinion (jm5)Trial; Contract Interpretation; Site Conditions; Law of the Case; Quantum; Delay. Keywords: re: [541] Reported Opinion

13-1011 • LATURNER v. USA

Filed 12/01/2017
OPINION granting Motion to Certify Interlocutory Appeal; granting [108] Motion to Stay. Signed by Judge Elaine D. Kaplan.

Keywords: re: 28 U.S.C. § 1292(d)(2); Interlocutory Appeal; Stay Pending Appeal.

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