USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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15-1081 • SHIELDS et al v. USA

Filed 01/18/2018
REPORTED OPINION denying Motion for Summary Judgment and granting [30] 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: Reported Opinion -- Cross-Motions for Summary Judgment; RCFC 56; Tax Refund; Capital Loss; Theft Loss; Substantial Variance; Informal Claim; Waiver; General Claim; Germaneness; Quasi-Estoppel; Duty of Consistency.

17-1348 • CENTERRA GROUP, LLC v. USA

Filed 01/18/2018
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; Standing; Evaluation of Technical and Price Proposals; Tradeoff Analysis

17-445 • BULLOCK v. USA

Filed 01/17/2018
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1)-Lack of Subject Matter Jurisdiction. The court does not address the government's alternative request for dismissal under Rule 12(b)(6)-Failure to State a Claim because the court finds that it does not have subject matter jurisdiction over the complaint. No Costs. Signed by Senior Judge Nancy B. Firestone. (js) Service on parties made.

Keywords: re: Motion to Dismiss for Lack of Subject Matter Jurisdiction; RCFC 12(b)(1); Lack of authority to bind government; Failure to establish enforceable EEO Settlement Agreement

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

Filed 01/17/2018
REPORTED OPINION denying Cross Motion; denying [19] Motion for Partial Summary Judgment. Signed by Judge Mary Ellen Coster Williams. (TF3) Service on parties made.

Keywords: re: Summary Judgment; American Recovery and Reinvestment Act, Pub. Law. No. 111-5, Div. B, tit. I, § 1603, 123 Stat. 115, 364-66; Open-Loop Biomass Facility; Grant; 26 U.S.C. §§ 45, 48; Statutory Interpretation; Placed in Service; Oglethorpe Factors; Treas. Reg. 1.46-3(d)(1). (TF3)

13-75 • FARZAM v. USA

Filed 01/17/2018
REPORTED OPINION dismissing case and denying as moot Motion to Withdraw as Attorney. The Clerk is directed to enter judgment. Signed by Chief Judge Susan G. Braden. (jf) Service on parties made.

Keywords: re: Rule of the United States Court of Federal Claims 25(a)(1) and 41(b).

15-68 • UNITED STATES ENRICHMENT CORPORATION v. USA

Filed 01/16/2018
REPORTED OPINION Granting in part and denying in part Motion for Partial Summary Judgment; granting in part and denying in part [49] Cross Motion. Parties shall file a joint status report by 2/12/2018. Signed by Senior Judge Nancy B. Firestone. (js) Service on parties made.

Keywords: re: Partial Summary Judgment; Privatization Act, 42 U.S.C. § 2297(h); CAS 413-50(c)(12), 48 C.F.R. § 9904.413-50(c)(12); Segment Closing; Allocation of Assets and Liabilities; CAS 413-50(c)(5), 48 C.F.R. §9904.413-50(c)(5), Adjustment for Post-Retirement Health Benefits, FAR 52.216-7, 48 C.F.R. 52.216-7.

14-251 • BISHOP HILL ENERGY LLC v. USA

Filed 01/16/2018
REISSUED OPINION--Filed this date, unsealed. Signed by Senior Judge Robert H. Hodges, Jr.

Keywords: re: Reissued Opinion: Motion for Summary Judgment; Renewable Energy Facilities; Department of Treasury Section 1603 Grants; Internal Revenue Code of 1986, Section 48; The American Recovery and Reimbursement Tax Act of 2009

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

Filed 01/16/2018
REISSUED OPINION--Filed this date, unsealed. Signed by Senior Judge Robert H. Hodges, Jr.

Keywords: re: Reissued Opinion: Motion for Summary Judgment; Renewable Energy Facilities; Department of Treasury Section 1603 Grants; Internal Revenue Code of 1986, Section 48; The American Recovery and Reimbursement Tax Act of 2009

17-1016 • PREMYSLER v. USA

Filed 01/12/2018
REPORTED OPINION and ORDER granting Motion to Dismiss - Rule 12(b)(1) The Clerk is directed to enter judgment. Signed by Judge Charles F. Lettow. (vds) Service on parties made.

Keywords: Claim of breach of contract; prize competition under § 655 of the Energy Independence and Security Act of 2007; subject matter jurisdiction

13-130 • ALMANZA v. USA

Filed 01/11/2018
REPORTED OPINION and ORDER granting in part Amended Motion for Attorneys' Fees; granting [128] Motion for Leave to File. The Clerk is directed to enter judgment. Signed by Judge Elaine D. Kaplan. (bh) Service on parties made. (Main Document 137 replaced on 1/12/2018 to add Rule 54(b) language in the conclusion.)

Keywords: re: Attorneys Fees; Prevailing Party; Buckhannon; FLSA; Settlement Agreement; Forum Rule; Avera.

13-390 • VIRGIN ISLANDS PORT AUTHORITY v. USA

Filed 01/09/2018
REPORTED OPINION granting Motion for Summary Judgment; denying [52] Cross Motion The Clerk is directed to enter judgment. Signed by Senior Judge Eric G. Bruggink. (wr) Service on parties made.

Keywords: re: U.S. Const. amend. V; illegal exaction; constitutional takings; 48 U.S.C. § 1469c (2012); V.I. Code Ann. tit. 29, § 543(12) (2017).

17-1006 • GEO-MED, LLC v. USA

Filed 01/09/2018
REPORTED ORDER reissuing OPINION and ORDER. Signed by Senior Judge Loren A. Smith. (ae) Service on parties made.

Keywords: re: Pre-Award Bid Protest; RCFC 52.1; Judgment on the Administrative Record; Standing; Bundling

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

Filed 01/08/2018
REPORTED ORDER Notice of Compliance due by 1/8/2018.. Signed by Chief Judge Susan G. Braden. (cn) Service on parties made.

17-183 • SIGMATECH, INC. v. USA

Filed 01/05/2018
REPORTED PUBLIC MEMORANDUM OPINION AND FINAL ORDER. Signed by Chief Judge Susan G. Braden. (cn) Service on parties made.

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

Filed 01/05/2018
REPORTED POST-TRIAL MEMORANDUM OPINION AND ORDER REGARDING A PARTIAL PHYSICAL TAKINGS CLAIM: Parties are directed to provide the court with information by 2/23/2018. Signed by Chief Judge Susan G. Braden. (Attachments: # (1) Table of Abbreviations, # (2) Memorandum Opinion and Order on Evidentiary Issues)(jf) (Service on parties made.) (Main Document 96 replaced on 1/8/2018 to correct title of opinion) (ar). (Attachment 2 replaced on 1/8/2018 to correct typo in PDF)

Keywords: re: Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. §§ 9601-9675 (2012); Just Compensation; Right of Entry Agreement; Tucker Act Jurisdiction, 28 U.S.C. § 1491 (2012); U.S. CONST. amend. V, Takings Clause; Voluntary Consent.

17-1163 • ROLLE v. USA

Filed 01/05/2018
Docketed for Administrative Purposes 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. (dls) Service on parties made. (Plaintiff served via certified mail; Article No. 7017 1450 0000 1346 0317)

17-1865 • TEAM WASTE GULF COAST, LLC v. USA

Filed 01/03/2018
REPORTED OPINION originally issued under seal on 12/20/2017. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made.

Keywords: re: Reported Opinion. Bid Protest; Review of Small Business Administrations Determination that Plaintiff Is Not a Small Business; Preliminary Injunction Request. (TQ)

17-739 • KANE COUNTY, UTAH v. USA

Filed 12/21/2017
REPORTED OPINION granting Motion for Summary Judgment; denying [10] Cross Motion. Status Report due by 1/16/2018. Signed by Judge Elaine D. Kaplan. (bh) Service on parties made.

Keywords: re: Payments in Lieu of Taxes; Statutory Interpretation; 31 U.S.C. § 6906; Obligations Limited by Appropriations.

17-179 • BEBERMAN v. USA

Filed 12/21/2017
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1), and directing the clerk's office to RETURN any future filings that are not in compliance with this court's rules to plaintiff, UNFILED, without further order. 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 0423)

Keywords: re: Pro Se; Equal Pay Act, 29 U.S.C. § 206(d) (2012); Motion to Dismiss for Lack of Subject Matter Jurisdiction, RCFC 12(b)(1); 28 U.S.C. § 1500 (2012); RCFC 12(h)(3).

17-488 • YANKTON COUNTY, SOUTH DAKOTA v. USA

Filed 12/21/2017
REPORTED OPINION granting Motion to Dismiss per Rule 12(b)(1). The Clerk is directed to enter judgment. Signed by Judge Margaret M. Sweeney. (pp) Service on parties made.

Keywords re: Reported Opinion dismissing case -- RCFC 12(b)(1); Takings Clause of the Fifth Amendment; 28 U.S.C. § 2501; Statute of Limitations; Claim Accrual; Stabilization Doctrine; Justifiable Uncertainty.

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