USCFC General Jurisdiction-Reported

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U.S. Court of Federal Claims Opinions
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21-1014 • ACESFED, LLC v. USA

Filed 03/17/2022
REPORTED OPINION of the court's March 1, 2022 SEALED OPINION denying [55] MOTION for Judgment on the Administrative Record filed by ACESFED, LLC; granting [57] CROSS MOTION for Judgment on the Administrative Record, filed by DECISIVE POINT CONSULTING GROUP, LLC; granting [59] Cross MOTION for Judgment on the Administrative Record filed by APTIVE RESOURCES, LLC; and granting [61] Cross MOTION for Judgment on the Administrative Record filed by USA. The clerk's office is directed to ENTER final judgment in defendant's and intervenor-defendant's favor DISMISSING plaintiff's complaint with prejudice. Thus, the sealed and the public version 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; Post-Award Bid Protest; Motion for Judgment on the Administrative Record; RCFC 52.1; Standing; Prejudice.(TQ)

15-885 • NOVA GROUP/TUTOR-SALIBA v. USA

Filed 03/17/2022
REPORTED ORDER - REISSUANCE OF POST-TRIAL OPINION AND ORDER FILED FEBRUARY 28, 2022. Signed by Senior Judge Mary Ellen Coster Williams. (cv) Service on parties made.

20-1690 • JORDAN v. USA

Filed 03/15/2022
REPORTED OPINION DISMISSING CASE: GRANTING the government's motion to dismiss pursuant to Rule 12(b)(1) for lack of subject-matter jurisdiction. The Clerk shall enter judgment for the government. Signed by Judge Matthew H. Solomson. (jmt) Service on parties made; plaintiff served via first class mail.

21-1072 • SMITH v. USA

Filed 03/15/2022
REPORTED OPINION DISMISSING CASE. on MOTION to Dismiss pursuant to Rule 12(b)(1). filed by USA granting [7] Motion to Dismiss - Rule 12(b)(1). The Clerk is directed to enter judgment. Signed by Judge Kathryn C. Davis. (zlj) Service on parties made.

21-2346 • CERES ENVIRONMENTAL SERVICES, INC. v. USA

Filed 03/11/2022
REPORTED OPINION. Signed by Judge Richard A. Hertling. (kac) Service on parties made.

21-1344 • RAJ V. USA

Filed 03/11/2022
REPORTED OPINION DISMISSING CASE: Defendant's Motion for Judgment on the Administrative Record is GRANTED and plaintiff's [42] Cross-Motion for Judgment on the Administrative Record is DENIED. The Clerk's Office is directed to ENTER final judgment in defendant's favor DISMISSING plaintiff's complaint with prejudice. No costs. Signed by Judge Armando O. Bonilla. (ead) Service on parties made.

Keywords: re: Reported Opinion Dismissing Case; Cross-Motions for Judgment on the Administrative Record. RCFC 52.1; Continuation Pay, 37 U.S.C. § 356.

21-1387 • CROWLEY GOVERNMENT SERVICES, INC. v. USA

Filed 03/10/2022
REPORTED OPINION AND ORDER. Public redacted version of the Court's January 18, 2022 Opinion filed under seal [26]. Signed by Judge Thompson M. Dietz. (adb) Service on parties made.

Keywords: re: Unreported Memorandum Opinion and Order; Proposed Redactions; Protected Information; Bid Protest; Competitive Harm; CPARS. (adb)Keywords: re: [30] Reported Opinion; Bid Protest; Motion for Judgment on the Administrative Record; Incumbent Preference; Incumbent Advantage; Unstated Evaluation Criteria; Misleading Discussions.

14-612 • DDS HOLDINGS, INC. v. USA

Filed 03/09/2022
REPORTED OPINION DISMISSING CASE and granting Motion to Dismiss - Rule 12(b)(1). The Clerk is directed to ENTER final judgment in favor of defendant DISMISSING plaintiff's amended complaint in its entirety without prejudice. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made.

Keywords: re: Reported Opinion; Motion to Dismiss; RCFC 12(b)(1); Lack of Subject Matter Jurisdiction; Privity of Contract; Anti-Assignment Act; 41 U.S.C. § 6305(a); 31 U.S.C. § 3727(a), (b). (TQ) Modified on 3/9/2022 corrected the spelling of Opinion(tb).

20-608 • CLOUD et al

Filed 03/09/2022
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1) filed by Defendant. Plaintiffs may file a motion for leave to amend the Complaint by no later than April 8, 2022. Signed by Judge Kathryn C. Davis. (kts) Service on parties made.

20-499 • GILEAD SCIENCES, INC. v. USA

Filed 03/09/2022
REPORTED OPINION AND ORDER, reflecting no redactions from the opinion and order previously entered under seal on March 4, 2022. Signed by Senior Judge Charles F. Lettow.

Keywords re Reported Opinion: Contract case related to private support for governmental research agreements; proper scope of discovery under RCFC 30(b)(6); limitations imposed; RCFC 26(b)(2)(c).

22-201 • KAETZ v. USA

Filed 03/08/2022
REPORTED OPINION granting Motion for Leave to Proceed in forma pauperis and dismissing complaint for lack of jurisdiction. The Clerk is directed to enter judgment. Signed by Senior Judge Margaret M. Sweeney. (kb1) Plaintiff served via first class mail.

Keywords: re: Order on Motion for Leave to Proceed in forma pauperis, Reported Opinion -- Pro se plaintiff; sua sponte dismissal for lack of jurisdiction; breach of a plea agreement; breach of implied contract; contract implied-in-law; privity; constitutional violations; Administrative Procedure Act; injunctive relief; application to proceed in forma pauperis

21-1787 • TATUM v. USA

Filed 03/07/2022
REPORTED ORDER granting Defendant's Motion to Dismiss. The Clerk of Court is directed to enter judgment accordingly. Signed by Judge Eleni M. Roumel. (rt16) Service on parties made; plaintiff served via first class mail.

21-1910 • SAVANTAGE FINANCIAL SERVICES, INC. v. USA

Filed 03/04/2022
REPORTED OPINION AND ORDER, reflecting redactions from the opinion and order previously entered under seal on February 23, 2022. Signed by Senior Judge Charles F. Lettow.

Keywords re [87]: Post-award bid protest; late-is-late rule; price reasonableness; integration of software; best value.

19-1640 • DRISCOLL v. USA

Filed 03/03/2022
REPORTED OPINION granting Plaintiff's Motion for Judgment on the Administrative Record; granting in part and denying in part [27] Defendant's Motion to Dismiss; denying [27] Defendant's Motion for Judgment on the Administrative Record; REMANDING to the ABCMR for correction of Plaintiff's military record. Remand to be completed by 7/1/2022. Status report due by 5/2/2022. Signed by Judge Thompson M. Dietz. (tgd) Service on parties made.

Keywords: re: Motion to Dismiss; Justiciability; Motion for Judgment on the Administrative Record; Military Pay Act; Wrongful Discharge; Presumption of Regularity; Harmless Error.

21-2035 • TRIDENT TECHNOLOGIES, LLC v. USA

Filed 03/01/2022
REPORTED OPINION of the court's February 11, 2022 sealed opinion denying [42] plaintiff's motion for judgment on the administrative record (AR) ; granting [49] defendant's cross motion for judgement on the AR; granting [50] intervenor-defendant's cross motion for judgment on the AR. The clerk's office is directed to ENTER final judgment in defendant's and intervenor-defendant's favor DISMISSING plaintiff's complaint with prejudice. All redactions are indicated by brackets ([ ]). Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made.

Keywords: re: Reported Opinion; Post-Award Bid Protest; Motion for Judgment on the Administrative Record; RCFC 52.1; Organizational Conflicts of Interest. (TQ)

15-1301 • PHILLIPS & JORDAN, INCORPORATED v. USA

Filed 02/28/2022
REPORTED POST-TRIAL OPINION. The Clerk is directed to enter judgment. Signed by Judge David A. Tapp. (jm) Service on parties made. (Main Document 136 replaced on 2/28/2022 to correct the rule number in Section IV.)

20-1654 • ALKIRE et al v. USA

Filed 02/25/2022
REPORTED OPINION and ORDER granting in part and denying in part MOTION to Dismiss pursuant to Rule 12(b)(6) the [1] Complaint filed by USA. Joint Status Report due by 3/28/2022. Signed by Judge Stephen S. Schwartz. (cmc) Service on parties made.

21-1912 • COLSA CORPORATION v. USA

Filed 02/24/2022
REPORTED OPINION of the court's sealed opinion denying plaintiffs [49] motion for judgment on the AR; denying defendant's [53] motion to dismiss as moot, and granting defendent's alternative [53] cross-motion for judgment on the AR; and granting intervenor-defendants' [51], [55] cross-motions for judgment on the AR. 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, Post-Award Bid Protest; Motion for Judgment on the Administrative Record; RCFC 52.1; Standing. (TQ)

18-4371 • ROBERT W. and MARGARET E. ALEXANDER REVOCABLE TRUST et al v. USA

Filed 02/18/2022
REPORTED OPINION granting Plaintiffs' Motion for Partial Summary Judgment. Joint Status Report due March 4, 2022. Signed by Judge Eleni M. Roumel. (rt16) Service on parties made.

15-501 • 3RD EYE SURVEILLANCE, LLC v. USA

Filed 02/18/2022
MODIFIED REPORTED OPINION AND ORDER, reflecting modifications to the opinion and order previously entered under seal on February 9, 2022. The parties proposed no redactions. The court modified one area of relief. Signed by Senior Judge Charles F. Lettow.

Keywords re [584]: Patent case; discovery disputes.

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