USCFC General Jurisdiction-Reported

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21-1497 • SETO v. USA

Filed 05/09/2022
REPORTED OPINION AND ORDER DISMISSING CASE: Defendant's Motion for Summary Judgment and to Dismiss is GRANTED and plaintiff's [20] Cross-Motion for Summary Judgment is DENIED. The Clerk's Office is directed to ENTER final judgment accordingly. No costs. Signed by Judge Armando O. Bonilla. (ead) Service on parties made; plaintiff served via first class mail.

21-776 • SCHELL & KAMPETER, INC. et al v. USA

Filed 05/09/2022
REPORTED OPINION on MOTION to Amend Pleadings - Rule 15 [1] Complaint, filed by SCHELL & KAMPETER, INC., SNK REAL PROPERTY HOLDINGS, LLC, SUGAR CREEK PET FOODS (Joint Status Report due on or before 5/16/2022) granting [20] Motion to Amend Pleadings - Rule 15.. Signed by Judge Edward H. Meyers. (rmc) Service on parties made.

21-2313 • RICKS, et. al v. USA

Filed 05/06/2022
REPORTED OPINION DISMISSING CASE. Order granting Motion to Dismiss - Rule 12(b)(1); granting [2] Motion for Leave to Proceed in forma pauperis. The Clerk is directed to enter judgment. Signed by Judge David A. Tapp. (jm) Service on parties made; plaintiffs served via first class mail.

22-292 • CONNECTED GLOBAL SOLUTIONS, LLC v. USA

Filed 05/06/2022
REPORTED ORDER: ECF No. is reissued with redactions. Signed by Judge David A. Tapp. (emc) Service on parties made.

20-1417 • VAS REALTY, LLC v. USA

Filed 05/05/2022
REPORTED OPINION: reflecting redactions to opinion issued 4/28/22. Signed by Senior Judge Charles F. Lettow.

Keywords: Reported Opinion; post-award bid protest on remand from Court of Appeals; merits conceded; factors governing equitable relief.

21-2261 • THALLE CONSTRUCTION CO. INC. v. USA

Filed 05/05/2022
REPORTED ORDER AND OPINION. Re-issued unsealed public redacted version of the Court's April 11, 2022 Opinion granting [23] Plaintiff's Motion for Judgment on the Administrative Record ("MJAR"); denying [24] Defendant's Cross-MJAR; denying [25] Defendant-Intervenor's Cross-MJAR. The U.S. Army Corps of Engineers ("Corps") is enjoined from proceeding with performance of the contract awarded to Phillips & Jordan, LLC pursuant to the Solicitation. The Corps shall reevaluate the proposals in a manner that redresses the errors identified in the court's Opinion. The Clerk is directed to enter judgment.REPORTED OPINION. Signed by Judge Thompson M. Dietz. (brs) Service on parties made.

Keywords: re: Reported Opinion; Post-Award Bid Protest; Best Value Procurement; Motion for Judgment on the Administrative Record; Unequal Treatment; Unstated Evaluation Criteria; Clarifications; Discussions; Prejudice; Injunctive Relief.

21-1770 • STRATERA FULCRUM TECHNOLOGIES, LLC v. USA

Filed 05/04/2022
REPORTED OPINION. Signed by Senior Judge Eric G. Bruggink. (rja) Service on parties made.

Keywords: re: Reported Order: Bid protest; post-award bid protest; best value determination; highest technically rated proposal with a fair and reasonable price; transitive property of inequality; unequal treatment; Blue & Gold

22-38 • D&J ENTERPRISES, INC. v. USA

Filed 05/04/2022
REPORTED OPINION of the Court's **SEALED** Opinion and Order, ECF No. 39. Signed by Judge Edward H. Meyers. (aep) Service on parties made.

18-34 • HEALTHESTATE, LLC v. USA

Filed 05/04/2022
REPORTED OPINION AND ORDER (Reissued for Publication of the Court's **SEALED** ORDER, ECF No. [165]). Parties did not propose redactions. Signed by Judge Kathryn C. Davis. (kts) Service on parties made. Modified on 7/6/2022 - corrected typographical error (jt1).

13-345 • ROSENHEIM v. USA

Filed 05/03/2022
REPORTED OPINION granting Motion for Summary Judgment; directing the clerk's office to REVISE the docket text for ECF No. [14] as an erratum to plaintiff's complaint, ECF No. [1]; and on or before May 20, 2022, the parties are directed to CONFER and FILE a joint status report. The status report shall indicate the parties' positions on alternative dispute resolution, whether further discovery is required in this case, or whether the parties would like to file further dispositive motions. The status report shall set forth a proposed schedule for those steps, if the parties find them appropriate. If neither settlement nor further dispositive motions is appropriate, the parties shall set forth a proposed schedule for the exchanges required by RCFC, Appendix A, paragraph 13 and the filings required by paragraphs 14 through 17. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made.

Keywords: re: Reported Opinion and Order; Motion for Summary Judgment; RCFC 56; Trust Fund Recovery Penalties; Responsible Person. (TQ)

21-1114 • SALAZAR v. USA

Filed 05/03/2022
REPORTED OPINION and ORDER granting Motion for Summary Judgment filed by USA and Dismissing the Case. The Clerk is directed to enter judgment. Signed by Judge Stephen S. Schwartz. (cmc) Service on parties made.

22-18 • THE GINN GROUP, INC. v. USA

Filed 05/03/2022
REPORTED OPINION: ECF No. is reissued with redactions. Signed by Judge David A. Tapp. (krm) Service on parties made.

93-655 • ANAHEIM GARDENS, et al v. USA

Filed 05/02/2022
REPORTED OPINION denying MOTION in Limine to Exclude Testimony from Kenneth J. Malek filed by ANAHEIM GARDENS, denying [513] MOTION in Limine to Exclude Testimony from Dr. Timothy J. Riddiough filed by ANAHEIM GARDENS, denying [514] MOTION in Limine to Exclude Testimony from Paula K. Konikoff filed by ANAHEIM GARDENS, denying [529] MOTION in Limine to Exclude Certain Testimony from Trevor E. Phillips and Motion to Strike Portions of his Rebuttal Expert Report filed by USA, denying [532] MOTION in Limine TO EXCLUDE TESTIMONY FROM DR. ROBERT R. TROUT, DEPOSITION TESTIMONY FROM DR. WILLIAM W. WADE, AND THE EXPERT REPORTS OF DRS. TROUT AND WADE filed by USA, and the remainder of FWPs' motion to designate deposition testimony, ECF No. [508], which was deferred in part by this courts March 5, 2021 order, ECF No. [560], is GRANTED as to the testimony of Dr. William W. Wade. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made.

Keywords: re: Reported Opinion; Motion in Limine; Expert Testimony; FRE 702.(TQ)

17-115 • GRUNTZ et al v. USA

Filed 04/29/2022
REPORTED ORDER denying Motion to Alter Judgment; on [28] MOTION to Alter or Amend Judgment pursuant to Rule 59(e) filed by USA. Signed by Senior Judge Victor J. Wolski. (eom) Service on parties made; plaintiffs served via first class mail.

20-1663 • MONTEREY CONSULTANTS, INC. v. USA

Filed 04/29/2022
REPORTED ORDER denying Motion to Dismiss - Rule 12(b)(6)filed by USA. Defendant shall file its Answer to Plaintiff's Complaint by 5/13/2022. Signed by Judge Kathryn C. Davis. (kts) Service on parties made.

17-9001 • IN RE UPSTREAM ADDICKS AND BARKER (TEXAS) FLOOD-CONTROL RESERVOIRS v. USA

Filed 04/29/2022
REPORTED OPINION granting in part and denying in part Motion in Limine; granting in part and denying in part [451] Motion in Limine; granting in part and denying in part [452] Motion in Limine; denying [453] Motion in Limine; denying [454] Motion in Limine; denying [455] Motion in Limine; denying as moot [467] Motion for Leave to Use Deposition Testimony of Donald Ward; granting [468] Motion for Leave to Use Deposition Testimony of Rule 30(b)(6) witnesses; granting [472] Motion in Limine; granting in part and denying in part [484] Motion for Protective Order; granting in part and denying in part [486] Motion in Limine; granting in part and denying in part [489] Motion for Protective Order; granting in part and denying in part [493] Motion to Amend Pleadings. Signed by Senior Judge Charles F. Lettow.

Keywords: re: Reported Opinion: Takings case; preparations for trial of just compensation for taking of permanent flowage easement; motions in limine, for protective order, and for leave to use deposition testimony at trial.

20-1245 • MEDRANO et al v. USA

Filed 04/29/2022
REPORTED OPINION and ORDER granting in part and denying in part Motion to Dismiss - Rule 12(b)(6) filed by USA; denying without prejudice Plaintiffs' request for leave to amend their pleadings; (Joint Status Report due by 5/31/2022). Signed by Judge Stephen S. Schwartz. (cmc) Service on parties made.

20-1185 • AVANT ASSESSMENT, LLC v. USA

Filed 04/29/2022
REPORTED OPINION granting in part and denying in part MOTION to Dismiss pursuant to Rule 12(b)(6) filed by USA. Signed by Judge Edward H. Meyers. (aep) Service on parties made.

21-1008 • REID v. USA

Filed 04/28/2022
REPORTED OPINION DISMISSING CASE on MOTION to Dismiss pursuant to Rules 12 (b)(1) and (6). [19] Motion to Dismiss - Rule 12(b)(1) and (6) is GRANTED; [19] Motion for Judgment on the Administrative Record is DENIED AS MOOT. The Clerk is directed to enter judgment. Signed by Judge Kathryn C. Davis. (tmr) Service on parties made; plaintiff served via first class mail.

20-589 • VALLES-PRIETO v. USA

Filed 04/27/2022
REPORTED OPINION denying as moot Plaintiff's first Motion for Judgment on the Administrative Record; granting in part [25] Plaintiff's second Motion for Judgment on the Administrative Record; and denying [31] Defendant's Cross Motion for Judgment on the Administrative Record. Plaintiff's case is remanded to the Air Force Board for the Correction of Military Records for referral into the Integrated Disability Evaluation System. Signed by Senior Judge Loren A. Smith. (ah) Service on parties made.

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