USCFC General Jurisdiction-Reported

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12-889 • SEARS et al v. USA

Filed 05/08/2018
REPORTED OPINION and ORDER granting plaintiffs' motion for approval of settlement. The Clerk is directed to enter judgment in the total amount of $3,455,216.13, consisting of $2,237,169.00 in principal and $443,514.16 in interest through December 31, 2017 for prevailing class members, and $541,722.00 in attorneys' fees and $232,810.97 in litigation costs awarded to class counsel pursuant to the Uniform Relocation Act. Interest shall accrue on the total amount of this judgment at the rate of 3.39% from January 1, 2018 through the date of payment by the Department of the Treasury. The judgment is payable to class counsel for distribution to the class according to the terms of this opinion and order and the Settlement Agreement. The claims of those class members listed in Exhibit B, admitted at the Fairness Hearing, are dismissed. This opinion and order shall not affect the claims of the members of the trial subclass. Signed by Judge Charles F. Lettow.

Keywords: re: Reported Opinion and Order: Rails-to-trails takings case; class action; settlement; fairness hearing; RCFC 23(e).

18-433 • ACETRIS HEALTH, LLC v. USA

Filed 05/08/2018
REPORTED OPINION denying Motion to Dismiss - Rule 12(b)(1) and (6). Signed by Judge Margaret M. Sweeney. Telephonic status conference set for 5/10/2018 at 11:00 a.m. (kb1)

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1) and (6), Reported Opinion -- Preaward Bid Protest; Motion to Dismiss; Contract to Provide Entecavir Tablets; Procuring Agency Interpretation of Solicitation's Trade Agreements Clause; Country-of-Origin Determination by Customs and Border Protection; Exclusive Jurisdiction of the United States Court of International Trade; 28 U.S.C. § 1500; Ripeness; Failure to State a Claim Upon Which Relief Can Be Granted

18-512 • TECHNIK INC. v. USA

Filed 05/04/2018
REPORTED OPINION. Signed by Senior Judge Nancy B. Firestone. (dpk) Service on parties made.

Keywords: re: Reported Opinion: Post-Award bid protest; Challenge to technical rating; Responsibility of offeror to provide adequately written proposal; No requirement for best-value tradeoff where highest-rated is lowest priced.

17-2033 • KEMPER

Filed 05/04/2018
OPINION granting Motion to Dismiss as the complaint is frivolous. The Clerk is directed to enter judgment. Signed by Senior Judge Marian Blank Horn. (lld) Service on parties made. (Plaintiff served via certified mail; Article No. 7017 1450 0000 1346 4834) Modified on 5/8/2018 to add tracking information.

18-556 • MANAGEMENT & TRAINING CORPORATION v. USA

Filed 05/03/2018
REPORTED OPINION. Public version of the court's opinion issued under seal on 4/30/2018, ECF No. [23]. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made.

Keywords: re: Reported Opinion. Bid Protest; Motion to Dismiss for Lack of Standing, RCFC 12(b)(1). (TQ)

17-1933 • SUPPLYCORE INC. v. USA

Filed 05/01/2018
REPORTED OPINION Signed by Senior Judge Nancy B. Firestone. (js) Service on parties made.

Keywords: re: Reported Opinion: Post-Award Bid Protest; NAICS code selection; FAR § 19.303(a)(2); 13 C.F.R. § 121.402(b); FAR § 19.102(d).

17-1875 • GLOBAL DYNAMICS, LLC v. USA

Filed 05/01/2018
REPORTED OPINION of the court's opinion and order on COUNT TWO issued under seal on 4/25/2018, see ECF No. [78]. 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 Judge Patricia E. Campbell-Smith. (TQ) Service on parties made.

Keywords: re: Reported Opinion. Bid Protest; Sole-Source Bridge Contract; 10 U.S.C. § 2304(c)(1) (2012). (TQ)

17-354 • BARZILLAI v. USA

Filed 04/30/2018
REPORTED MEMORANDUM OPINION AND FINAL ORDER Granting Motion to Dismiss - Rule 12(b)(1). The Clerk is directed to enter judgment. Signed by Chief Judge Susan G. Braden. (jf) Service on parties made. Modified on 4/30/2018 to edit docket text for clarity.

Keywords: re: 26 U.S.C. §§ 6501(c)(10) (Limitations on Assessment and Collection), 6511(a) (Limitations on Refund Claims), 6532(a) (Periods of Limitation on Suits), 6707A (Penalty for Failure to Disclose a Reportable Transaction), 7422(a) (Civil Actions for Refund); 28 U.S.C. § 1491(a)(1) (Scope of Jurisdiction); 26 C.F.R. § 301.6707A-1 (Failure to Disclose a Reportable Transaction); Illegal Exaction; Revenue Procedure 2007-21 (Guidance for Persons Assessed a Penalty Under 26 U.S.C. § 6707A); and Rule of the United States Court of Federal Claims 9(j) (Citation to Statutes, Regulations, and Orders), 12(b)(1) (Subject-Matter Jurisdiction), 12(h)(3) (Lack of Subject-Matter Jurisdiction).

17-1000 • MAEHR v. USA

Filed 04/30/2018
REPORTED MEMORANDUM OPINION and ORDER granting Motion to Dismiss - Rule 12(b)(1) and (6); denying [10] Motion for Summons of Grand Jury; and finding as moot [4] Motion for Leave to Proceed in forma pauperis. The Clerk is directed to enter judgment. Signed by Chief Judge Susan G. Braden. (dls) Service on parties made. (Plaintiff served via certified mail; Article No. 7017 1450 0000 1346 4735)

15-1549 • UNIVERSITY OF SOUTH FLORIDA BOARD OF TRUSTEES v. USA

Filed 04/27/2018
REPORTED ORDER on the parties' Markman Claim Construction (ECF Nos. [69], [75], [76], and [84]. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made. Modified on 5/1/2018 - pdf updated on 5/1/2018 to reflect attorney names, new opinion sent to westlaw and updated on the court's website.(jt1).

Keywords: re: Reported Order. Claim Construction; Markman Hearing; Preamble Construction. (TQ)

17-739 • KANE COUNTY, UTAH v. USA

Filed 04/26/2018
REPORTED OPINION granting Motion to Certify Class. Joint proposed Notice due by 5/24/2018. Signed by Judge Elaine D. Kaplan. (bh) Service on parties made.

Keywords: re: PILT Act; Class Action; Class Certification; RCFC 23.

18-76 • KIEWIT INFRASTRUCTURE WEST CO. v. USA

Filed 04/25/2018
REPORTED ORDER.Signed by Senior Judge Nancy B. Firestone. (mkt) Service on parties made.

Keywords: re:Post-Award Bid Protest; Best-Value Tradeoff Analysis; Technical Evaluation

15-1034 • DNC PARKS & RESORTS AT YOSEMITE, INC v. USA

Filed 04/25/2018
REPORTED OPINION (Public Version) of the court's April 12, 2018 Opinion and Order issued under seal (see ECF No. [120]). Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made.

Keywords: re: Reported Opinion and Order. Motion to Compel, RCFC 37(a)(3)(B); Motion to Quash, RCFC 45(d)(3), Motion for Protective Order, RCFC 26(c). (TQ)

17-9002 • IN RE DOWNSTREAM ADDICKS AND BARKER (TEXAS) FLOOD-CONTROL RESERVOIRS v. USA

Filed 04/19/2018
MEMORANDUM OPINION AND SCHEDULING ORDER establishing Discovery and Pre-Trial deadlines, including Fact Discovery due by 9/14/2018, Expert Discovery due by 12/7/2018, Statement of Material Facts to Support Motion for Summary Judgment due by 1/11/2019, Response to Statement of Material Facts due by 1/18/2019, Joint Certification due by 3/8/2019, and Pre-Trial Memorandum of Law due by 3/25/2019. Signed by Chief Judge Susan G. Braden. (cn) Service on parties made. Modified on 4/19/2018 to add deadlines

15-986 • BRATCHER et al v. USA

Filed 04/19/2018
OPINION denying Motion for Reconsideration, directing the Clerk to enter judgment; lifting the stay of briefing related to plaintiffs' bill of costs; and directing defendant to file any objection to the bill of costs by 5/7/18. Signed by Judge Elaine D. Kaplan. (bl) Service on parties made. Modified on 4/24/2018 to edit docket text and add due date for objection to bill of costs.

Keywords: re: Reported Opinion; Rails-to-Trails; Fifth Amendment Takings Clause; Uniform Relocation Assistance and Real Property Acquisition Policies Act; 42 U.S.C. § 4654; Attorney Fees; Fee Shifting; Forum Rate; Davis County Exception; Motion for Reconsideration; RCFC 59(a).

15-1583 • ALFORD v. USA

Filed 04/18/2018
REPORTED OPINION: Denying Motion for Judgment on the Administrative Record; Granting [58] Cross Motion; The Clerk is directed to enter judgment. Signed by Judge Charles F. Lettow. U.S. Certified Mail Tracking #7017 1450 0000 1346 4636(vds) Service on parties made.

Keywords: Claim by military veteran for disability retirement benefits; 10 U.S.C. § 1201; review of a decision by the Board for Correction of Naval Records; substantial evidence.

17-877 • COMMON GROUND HEALTHCARE COOPERATIVE v. USA

Filed 04/17/2018
REPORTED OPINION granting--with respect to the proposed Cost-Sharing Reduction Class--plaintiff's Motion to Certify Class and [14] Motion to Appoint Counsel. Defendant shall provide plaintiff with a list of potential class members by 5/18/2018. Plaintiff shall file a proposed notice plan and opt-in schedule by 5/30/2018. Signed by Judge Margaret M. Sweeney. (kb1)

Keywords: re: Order on Motion to Certify Class, Order on Motion to Appoint Counsel, Reported Opinion -- Affordable Care Act; Cost-Sharing Reduction Payments; Motion for Class Certification; RCFC 23

18-84 • AMERICAN CORRECTIONAL HEALTHCARE, INC. v. USA

Filed 04/17/2018
REPORTED OPINION reissuing **SEALED** OPINION and ORDER for publication. Signed by Judge Margaret M. Sweeney. (kb1)

Keywords: re: Reported Opinion -- Postaward Bid Protest; Cross-Motions for Judgment on the Administrative Record; Scope of Evaluation of Technical Proposals; Meaningful and Equal Discussions; Best Value Determination; Tradeoff Analysis; Permanent Injunction; Waiver

17-1838 • LUCAS v. USA

Filed 04/16/2018
REPORTED OPINION: granting Motion to Dismiss - Rule 12(b)(1); The Clerk is directed to enter judgment. Signed by Judge Patricia E. Campbell-Smith. (ac7) Service on parties made. (Article No. 7017 1450 0000 1346 1246)

Keywords: Motion to Dismiss, RCFC 12(b)(l); Statute of Limitations, Subject Matter Jurisdiction.

17-2047 • PINNACLE SOLUTIONS, INC. v. USA

Filed 04/13/2018
REPORTED MEMORANDUM OPINION AND ORDER. Signed by Judge Lydia Kay Griggsby. (rdb) Service on parties made.

Keywords: Post-Award Bid Protest; Judgment Upon the Administrative Record; RCFC 52.1; Injunctive Relief; Supplementing the Administrative Record, re: Reported Memorandum Opinion and Order.

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