USCFC General Jurisdiction-Reported

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22-61 • ALISUD - GESAC HANDLING - SERVISAIR 2 SCARL v. USA

Filed 09/08/2022
UNSEALED AND REDACTED OPINION AND ORDER. Signed by Senior Judge Edward J. Damich. (lp1) Service on parties made.

Keywords: Material Misrepresentation, Labor Unrest, Past Performance Evaluation, Responsibility Determination, Technical Evaluation, Motion to Dismiss, MJAR

19-498 • CONSTRUCTORA GUZMAN, S.A. v. USA

Filed 09/07/2022
REPORTED OPINION granting Defendant's Motion for Summary Judgment; denying [43] Defendant's Motion to Dismiss pursuant to Rule 12(b)(1); denying [41] Plaintiff's Motion for Summary Judgment. The Clerk is directed to enter judgment. Signed by Judge Thompson M. Dietz. (brs) Service on parties made.

Keywords: re: Reported Opinion; Motion to Dismiss; RCFC 12(b)(1); Standing; Motion for Summary Judgment; RCFC 56; The Miller Act; Third-Party Beneficiary; Retainage.

20-712 • COYNER v. USA

Filed 09/02/2022
REPORTED OPINION on MOTION for Summary Judgment filed by USA ( Status Report due by 9/20/2022) denying [32] Motion for Summary Judgment. Signed by Senior Judge Eric G. Bruggink. (cpo) Service on parties made.

Keywords: re: Order on Motion for Summary Judgment, Reported Opinion Overtime compensation; 38 U.S.C. § 7453(e); credit hours; flexible schedule employees; 5 U.S.C. § 6121-26

22-560 • MANAGEMENT & TRAINING CORPORATION v. USA

Filed 09/01/2022
REPORTED OPINION reissuing **SEALED**OPINION and ORDER for publication. Signed by Senior Judge Margaret M. Sweeney. (kb1)

Keywords: re: Reported Opinion -- Postaward Bid Protest; Operation of a Job Corps Center; Cross-Motions for Judgment on the Administrative Record; Evaluation of Proposals; Relevance of Past Performance; Subcontractor Past Performance; Unequal Treatment; Price Realism; Professional Employee Compensation, FAR 52.222-46; Best Value Determination; Permanent Injunction

19-837 • ARNOUSE DIGITAL DEVICES CORP. v. USA

Filed 08/31/2022
REPORTED OPINION: Unsealed Public Version of Order Lifting Stay regarding jurisdiction to enforce alleged patent license agreement. Signed by Judge Ryan T. Holte. (mrm) Service on parties made.

Keywords: re: Reported Opinion: Subject Matter Jurisdiction; RCFC 12(h)(3); RCFC 41(a)(2); Patent License Agreement; 28 U.S.C. § 1498(a).

22-484 • MONTERO v. USA

Filed 08/26/2022
REPORTED OPINION granting Defendant's Motion to Dismiss. The Clerk is directed to enter judgment accordingly. Signed by Judge Eleni M. Roumel. (smh) Service on parties made.

21-1202 • FLINT et al v. USA

Filed 08/23/2022
OPINION granting Motion to Dismiss - Rule 12(b)(1) and (6). The Clerk is directed to enter judgment. Signed by Senior Judge Marian Blank Horn. (jm5) Service on parties made.

21-1396 • ACALA et al v. USA

Filed 08/23/2022
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(6). The Clerk is directed to enter judgment. Signed by Judge Thompson M. Dietz. (adb) Service on parties made. (Main Document 15 replaced on 8/23/2022 to correct caption)

Keywords: re: Law Enforcement Availability Pay Act of 1994; 5 U.S.C. § 5545a; Premium Pay; Availability Pay; Overtime Pay; Failure to State a Claim; RCFC 12(b)(6).

22-164 • KINNEY v. USA

Filed 08/22/2022
REPORTED OPINION DISMISSING CASE denying Motion for Oral Argument; and granting [6] MOTION to Dismiss pursuant to Rules 12 (b)(1). The clerk's office is directed to ENTER final judgment, DISMISSING plaintiff's complaint without prejudice. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made. (Main Document 18 replaced on 8/29/2022 to attach corrected PDF) (ypb). Plaintiff served via first class mail on 08.30.2022 (cam). Modified on 8/30/2022

Keywords: re: Reported Opinion; Motion to Dismiss - Rule 12(b)(1); Motion for Oral Argument; Pro Se Complaint; Dismissal for Lack of Jurisdiction; RCFC 12(h)(3). (TQ)

21-1765 • E&L CONSTRUCTION GROUP, LLC v. USA

Filed 08/22/2022
REPORTED OPINION of the court's August 3, 2022 [63]**SEALED**OPINION deeming plaintiff's supplemental brief, ECF No. [60], as plaintiff's renewed motion for judgment on the AR (MJAR); intervenor-defendant's supplemental brief, ECF No. [61], as intervenor-defendant's renewed cross-motion for judgment on the AR; and defendant's supplemental brief, ECF No. [62], as defendant's renewed cross-motion for judgment on the AR; denying plaintiff's renewed MJAR; granting intervenor-defendant's [61] cross-motion and defendant's [62] cross-motion. The clerk's office is directed to ENTER final judgment in defendant's and intervenor-defendant's favor DISMISSING plaintiff's complaint with prejudice. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made.

Keywords: re: Reported Opinion; Post Award Bid Protest; Small Business Administration; Service-Disabled Veteran Owned Small Business; 13 C.F.R. § 125.11; Unconditional Ownership. (TQ)

16-1001 • SENECA SAWMILL COMPANY v. USA

Filed 08/19/2022
REPORTED OPINION The Clerk is directed to enter judgment. Signed by Chief Judge Elaine D. Kaplan. (ap) Service on parties made.

21-2327 • SIKORSKY AIRCRAFT CORPORATION v. USA

Filed 08/19/2022
REPORTED OPINION AND ORDER, reflecting redactions from the opinion and order previously entered under seal on August 12, 2022. Signed by Senior Judge Charles F. Lettow.

Keywords re [38]: Alleged breach of contract; cost accounting standard 420; research and development costs; effect of a Forward Pricing Rate Agreement.

16-259 • HEALTH REPUBLIC INSURANCE COMPANY v. USA

Filed 08/19/2022
REPORTED OPINION AND ORDER granting in part and denying in part Motion to Dismiss - Rule 12(b)(1) and (6). The Court concludes it has jurisdiction over Defendant's counterclaim; however, Defendant's claims for offset and interest fail as a matter of law. Accordingly, the motion is DENIED IN PART as to its request for dismissal under RCFC 12(b)(1). The motion is GRANTED IN PART as to its request for dismissal under RCFC 12(b)(6) to the extent Defendant's counterclaim seeks offset and interest. Colorado HealthOp shall file its Answer to Defendant's Counterclaim by no later than September 2, 2022. Signed by Judge Kathryn C. Davis. (tmr) Service on parties made.

19-798 • ACTAVIS LABORATORIES, FL, INC. v. USA

Filed 08/19/2022
REPORTED OPINION AND ORDER: granting plaintiff's motion for summary judgment; denying [46] government's cross-motion for partial summary judgment; and denying as moot [32] motion to strike. Joint Status Report due by 9/20/2022. Signed by Judge Ryan T. Holte. (mrm) Service on parties made.

Keywords: re: Reported Opinion: Summary Judgment; Hatch-Waxman Act; Tax Deduction; Capitalization; Woodward; Patent Litigation Costs; Origin of the Claim; 35 U.S.C. § 271(e)(2); I.R.C. § 162(a); I.R.C. § 263(a); 26 C.F.R. § 1.263(a)-4; Abbreviated New Drug Application (ANDA); Generic Drugs; FDA.

14-817 • NORTHERN CALIFORNIA POWER AGENCY et al v. USA

Filed 08/18/2022
REPORTED OPINION granting MOTION for Summary Judgment filed by CITY OF SANTA CLARA, CALIFORNIA, CITY OF REDDING, CALIFORNIA, NORTHERN CALIFORNIA POWER AGENCY, CITY OF ROSEVILLE, CALIFORNIA; denying [153] MOTION for Summary Judgment filed by USA. Status Report due by 9/20/2022. Signed by Judge David A. Tapp. (emc) Service on parties made.

17-1763 • THE TOLLIVER GROUP, INC. v. USA

Filed 08/17/2022
REPORTED OPINION granting Motion for Summary Judgment; denying [78] Cross Motion. The Clerk is directed to enter judgment. Signed by Senior Judge Charles F. Lettow.

Keywords: re: Reported Opinion: claim for partial reimbursement of legal fees in successful defense of qui tam suit; FAR Part 31.

22-581 • INTEGRATED FINANCE & ACCOUNTING SOLUTIONS, LLC v. USA

Filed 08/16/2022
REPORTED OPINION of the Court's ***SEALED*** Opinion and Order, ECF No. 37. Signed by Judge Edward H. Meyers. (rmc) Service on parties made.

22-256 • G4S SECURE INTEGRATION LLC et al v. USA

Filed 08/16/2022
REPORTED OPINION. Signed by Judge Zachary N. Somers. (jas) Service on parties made.

22-152 • TRILLION ERP VENTURE TECH LLC v. USA

Filed 08/12/2022
REPORTED OPINION reissuing **SEALED** OPINION and ORDER for publication. Signed by Senior Judge Margaret M. Sweeney. (ls) Service on parties made.

Keywords: re: Reported Opinion -- Postaward Bid Protest; Cross-Motions for Judgment on the Administrative Record; Evaluation of Proposals; Best-Value Tradeoff; Motion to Supplement the Administrative Record

17-166 • DAVID BOLAND, INC. v. USA

Filed 08/12/2022
REPORTED OPINION and ORDER denying MOTION for Summary Judgment filed by USA; denying [71] Corrected MOTION for Partial Summary Judgment filed by DAVID BOLAND, INC. (Joint Status Report due by 9/12/2022). Signed by Judge Stephen S. Schwartz. (cmc) Service on parties made.

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