USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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17-1037 • BARTH v. USA

Filed 03/23/2018
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1) and (6). The Clerk is directed to enter judgment. Signed by Judge Patricia E. Campbell-Smith. (dls) Service on parties made. (Plaintiff served via certified mail; Article No. 7017 1450 0000 1346 4292 (Springvale, ME address) and 7017 1450 0000 1346 4308 (Sarasota, FL address))

Keywords: re: Motion to Dismiss; Lack of Subject Matter Jurisdiction; RCFC 12(b)(1); RCFC 12(b)(6); RCFC 12(h)(3).

15-717 • CAMPBELL et al v. USA

Filed 03/23/2018
REPORTED OPINION denying Motion for Reconsideration ; denying [35] Motion to Alter Judgment; denying [35] Motion to Amend Pleadings - Rule 15(b). Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made.

Keywords: re: Order on Motion for Reconsideration, Order on Motion to Alter Judgment, Order on Motion to Amend Pleadings - Rule 15(b), Reported Opinion. Motion for Reconsideration, RCFC 59; Motion for Leave to File an Amended Complaint, RCFC 15(a); Reconsideration Denied; Futile Request to Amend Complaint Denied. (TQ)

15-155 • ALTERNATIVE CARBON RESOURCES, LLC v. USA

Filed 03/22/2018
REPORTED OPINION granting in part and denying in part Motion for Summary Judgment and granting [40] Cross-Motion for Summary Judgment. The Clerk is directed to enter judgment. Signed by Judge Margaret M. Sweeney. (pp) Service on parties made.

Keywords re: Order on Cross-Motions for Summary Judgment, Reported Opinion -- Cross-Motions for Summary Judgment; RCFC 56; I.R.C. §§ 6426, 6427, 6675; Alternative Fuel Mixture Credit; Alternative Fuel; Sale; Use as a Fuel; Substance-Over-Form Doctrine; Economic Substance Doctrine; Excessive Claim Penalty.

17-739 • KANE COUNTY, UTAH v. USA

Filed 03/20/2018
REPORTED OPINION denying the government's motion to dismiss and granting the plaintiff's motion for summary judgment as to liability. Status Report due by 4/3/2018. Signed by Judge Elaine D. Kaplan. (bh) Service on parties made.

Keywords: re: PILT Act; Appropriations Acts; Government Obligations; Underfunding.

18-310 • CONERLY v. USA

Filed 03/20/2018
REPORTED Order denying Motion for Leave to Proceed in forma pauperis; and dismissing plaintiff's complaint for lack of jurisdiction. The Clerk is directed to enter judgment. Signed by Senior Judge Loren A. Smith. (dls) Service on parties made. (Plaintiff served via certified mail; Article No. 7016 3010 0000 4308 4478)

Keywords: re: Pro Se; Lack of Subject Matter Jurisdiction; In Forma Pauperis Application.

17-1088 • QUESADA v. USA

Filed 03/20/2018
Opinion and Order: granting Motion for Leave to Proceed in forma pauperis; granting [10] Motion to Dismiss - Rule 12(b)(1); REPORTED OPINION The Clerk is directed to enter judgment. Signed by Judge Margaret M. Sweeney. (ac7) Service on parties made.

Keywords: Military Disability Retirement Pay, 10 U.S.C. § 1201; Military Retirement Pay, 10 U.S.C. §§ 1176, 3914, 3929, 3991; Physical Disability Review Board, 10 U.S.C.§ 1554a; RCFC 12(b)(l); Money-Mandating Statutes; Statute of Limitations, 28 U.S.C.§ 2501; Claim Accrual; Physical Evaluation Board; Discharge Date; Effect of Correction Board Proceedings

18-1 • IAN, EVAN & ALEXANDER CORPORATION v. USA

Filed 03/19/2018
REPORTED OPINION. Signed by Senior Judge Marian Blank Horn. (td) Service on parties made.

Keywords: Bid Protest; Request for Injunctive Relief; Cross-Motions for Judgment on the Administrative Record; Motion to Dismiss; Competition in Contracting Act; Out-of-Scope Modification.

17-1875 • GLOBAL DYNAMICS, LLC v. USA

Filed 03/14/2018
REPORTED OPINION of the court's February 27, 2018 opinion, ECF No. [61], which was issued under seal. The parties were invited to identify source selection, proprietary or confidential material subject to deletion on the basis that the material was protected/privileged, on or before 3/14/2018. On 3/13/2018, the parties notified the court that they had no proposed redactions to the court's opinion of February 27, 2018. See ECF No. [68]. Thus, the sealed and public versions of this opinion are identical, except for the publication date and this footnote. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made.

Keywords: re: Order on Motion for Judgment on the Admin. Record, Order on Cross Motion [Dispositive], Sealed Opinion/Order, [69] Reported Opinion. Bid Protest; Sole-Source Bridge Contract; Challenge to GAO Decision; Doctrine of Laches. (TQ)

17-1982 • SKC, LLC v. USA

Filed 03/14/2018
REPORTED OPINION AND ORDER reflecting no redactions from the opinion and order entered under seal on March 9, 2018. Signed by Judge Charles F. Lettow. (je) Modified on 3/14/2018 to edit docket text

Keywords: re: Reported Order: Protest of a sole-source procurement under SBA's Section 8(a) Program; 15 U.S.C. §§ 631-37, 644; 13 C.F.R. §§ 124.1 to 124.704; exception to full and open competition; absence of clear intent to award the contract as a competitive small business set aside; 13 C.F.R. § 124.504(a); new requirement; 13 C.F.R. § 124.504(e)(1)(ii)(c).

15-207 • COAST PROFESSIONAL, INC. v. USA

Filed 03/14/2018
REPORTED OPINION and ORDER granting Motion to Dismiss - Rule 12(b)(1) and (6). Signed by Judge Thomas C. Wheeler. (ab) Service on parties made.

Keywords: re: Agencys Voluntary Corrective Action; RCFC 12(b)(1) and 12(b)(6) Motion to Dismiss; Mootness; Bid Preparation and Proposal Costs.

16-1691 • CITY OF WILMINGTON, DELAWARE v. USA

Filed 03/14/2018
REPORTED ORDER denying Motion for Judgment on the Pleadings; denying [17] Motion for Judgment on the Pleadings; the parties shall file a joint proposed schedule for further proceedings by 3/23/2018. Signed by Judge Mary Ellen Coster Williams. (zp) Service on parties made.

Keywords: re: Order on Motion for Judgment on the Pleadings, Judgment on the Pleadings; Sovereign Immunity; Waiver; Exhaustion; Clean Water Act, 33 U.S.C. § 1323; Interest; Reported Order,

17-1843 • HESTER v. USA

Filed 03/13/2018
REPORTED OPINION and ORDER: granting Motion to Dismiss - Rule 12(b)(1) and denying [16] Motion or disbursement of funds. The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler. (ar) Service on parties made.

Keywords: re: Rule l 2(b )(I) Motion to Dismiss for Lack of Subject MatterJurisdiction; Individually Named Defendants; Constitutional Claims;Motion to Disburse Social Security Benefits.

14-183 • IDEKER FARMS, INC., et al v. USA

Filed 03/13/2018
REPORTED TRIAL OPINION: Granting plaintiffs' motion for leave to join additional parties (footnote 75); Granting [396] plaintiffs' motion to strike exhibit 1 to US' response to plaintiffs' post-trial brief (footnote 1). Originally filed under seal [422].Signed by Senior Judge Nancy B. Firestone. (dpk) Service on parties made. Modified on 3/20/2018 - corrected typographical error (jt1).

Keywords: re: Reported Opinion, Fifth Amendment Taking; MissouriRiver; Flooding; Liability; Causation; Foreseeability; and Severity.

17-1749 • ACI-SCC JV et al v. USA

Filed 03/12/2018
REPORTED OPINION and ORDER dismissing case. The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler. (mg) Service on parties made.

Keywords: re: Dismissal With Prejudice; Motion to Intervene; Privity of Contract; Mootness; Army Corps of Engineers; ASBCA; Contract Disputes Act, 41 U.S.C. § 7104; Anti-Assignment Act, 41 U.S.C. § 6305; Trusteeship; Judicial Assignment of Rights; Federal Preemption.

15-986 • BRATCHER et al v. USA

Filed 03/09/2018
REPORTED OPINION granting in part and denying in part Motion for Attorney Fees. Joint Status Report due by 3/23/2018. Signed by Judge Elaine D. Kaplan. (bl) Service on parties made.

Keywords: re: Order on Motion for Attorney Fees; 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.

17-928 • MEISSNER et al v. USA

Filed 03/08/2018
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1). The Clerk is directed to enter judgment. Signed by Judge Marian Blank Horn. (dls) Service on parties made. (Plaintiff served via certified mail; Article No. 7016 3010 0000 4308 4355)

Keywords: re: Tax; Motion to Dismiss; RCFC 12(b)(1).

15-371 • WAVERLEY VIEW INVESTORS, LLC v. USA

Filed 03/08/2018
REPORTED OPINION The Clerk is directed to enter judgment. Signed by Chief Judge Susan G. Braden. (jf) Service on parties made. (Main Document 113 replaced on 3/8/2018 to correct typo in PDF)

Keywords: re: Declaration of Takings Act, 40 U.S.C. § 3116 (2012);Just Compensation.

14-841 • AMPERSAND CHOWCHILLA BIOMASS, LLC et al v. USA

Filed 03/07/2018
REPORTED ORDER granting in part and denying in part Motion to Compel; on [231] MOTION to Compel Discovery filed by MERCED POWER, LLC, AMPERSAND CHOWCHILLA BIOMASS, LLC. Signed by Judge Mary Ellen Coster Williams. (zp) Service on parties made.

Keywords: re: Order on Motion to Compel, Motion to Compel; Expert Invoices; Privilege; In Camera Review; 26 U.S.C. § 6103(h)(2); 26 C.F.R. § 301.9000-3(a, Reported Order,

18-49 • GENERAL DYNAMICS MISSION SYSTEMS, INC. v. USA

Filed 03/07/2018
REPORTED OPINION AND TEMPORARY RESTRAINING ORDER. Signed by Chief Judge Susan G. Braden. (bs) Service on parties made.

Keywords: re: Reported Opinion: Rule of the United States Court of Federal Claims 24(a)(2) (Intervention of Right); 65(b) (Temporary Restraining Order); 65(c) (Security Bond).

18-204 • FMS INVESTMENT CORP. v. USA

Filed 03/06/2018
REPORTED OPINION granting Motion for Preliminary Injunction, and granting Motions for Preliminary Injunctions in Case Nos. 18-206C, 18-208C, and 18-246C. Signed by Judge Thomas C. Wheeler. (mg) Service on parties made.

Keywords: re: Post-Award Bid Protest; Department of Education Loan Collections; Motion for Preliminary Injunction; Likelihood of Success on the Merits; Irreparable Harm; Balance of Hardships; Public Interests; 28 U.S.C. § 1491(b); RCFC 65(d); Granting Injunctive Relief.

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