USCFC General Jurisdiction-Reported

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18-598 • SCHUSSLER v. USA

Filed 01/25/2021
REPORTED OPINION denying Motion to Dismiss - Rule 12(b)(6); granting [28] Motion for Judgment on the Administrative Record. The Clerk of Court is directed to enter judgment. Signed by Chief Judge Eleni M. Roumel. (klb) Service on parties made. (Main Document 37 replaced on 1/26/2021)

20-1300 • HARMONIA HOLDINGS GROUP, LLC v. USA

Filed 01/22/2021
REPORTED OPINION reflecting redactions to opinion and order issued 1/13/21. Signed by Senior Judge Charles F. Lettow.

Keywords: re Reported Opinion: Post-award bid protest; standing; untimely challenge to a term of the solicitation; agencys determination of technical factors; agencys best value decision.

19-1610 • BHB LTD. PARTNERSHIP et al v. USA

Filed 01/22/2021
REPORTED ORDER reissuing for publication the court's March 13, 2020 order denying plaintiffs' [61] motion MOTION for Reconsideration. Reissued without change, except for correction of minor typographical errors. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made.

Keywords: re: Reported Order, Motion for Reconsideration; RCFC 54(b); Interlocutory Order; Case Management Order. (TQ)

20-575 • SYSTEM STUDIES AND SIMULATION, INC. v. USA

Filed 01/21/2021
REPORTED OPINION and ORDER reissuing for publication **SEALED**OPINION. Signed by Senior Judge Margaret M. Sweeney. (am) Service on parties made.

Keywords: re: Reported Order -- Postaward Bid Protest; Cross-Motions for Judgment on the Administrative Record; Evaluation of Proposals; Assignment of Strengths and Weaknesses; Best Value Tradeoff (am)Keywords: re: [112] Reported Order -- Postaward Bid Protest; Motions for Reconsideration; Prejudice; Best Value Tradeoff Analysis; Extrarecord Evidence

20-575 • SYSTEM STUDIES AND SIMULATION, INC. v. USA

Filed 01/21/2021
REPORTED OPINION and ORDER reissuing for publication **SEALED**OPINION and ORDER. Signed by Senior Judge Margaret M. Sweeney. (am) Service on parties made.

Keywords: re: Reported Order -- Postaward Bid Protest; Cross-Motions for Judgment on the Administrative Record; Evaluation of Proposals; Assignment of Strengths and Weaknesses; Best Value Tradeoff (am)Keywords: re: [112] Reported Order -- Postaward Bid Protest; Motions for Reconsideration; Prejudice; Best Value Tradeoff Analysis; Extrarecord Evidence

18-1798 • 7800 RICCHI LLC v. USA

Filed 01/21/2021
REPORTED PUBLIC OPINION and ORDER granting MOTION for Summary Judgment filed by USA. Signed by Judge David A. Tapp. (emc) Service on parties made.

Keywords: re: Reported Order. Contracts; Contract formation; Letter of Intent; Offer and acceptance; Breach of express contract; Breach of implied-in-fact contract; Breach of duty of good faith and fair dealing.

18-871 • DEVINE v. USA

Filed 01/21/2021
REPORTED OPINION, filed nunc pro tunc to 1/14/2021, that the Court must dismiss the complaint for lack of jurisdiction pursuant to RCFC 12(b)(1). Signed by Judge Richard A. Hertling. (agg) Service on parties made. Modified on 1/22/2021 to clarify docket text. (ead) Document 51 replaced on 1/28/2021 to corrected version

Keywords: re: Reported Opinion RCFC 12(b)(1), 26 U.S.C. § 6511(d), 26 U.S.C. § 166, 26 C.F.R. § 1.166-1(c), Tax Refund Claim, Business Bad Debt Deduction, Net Operating Loss, American Recovery and Reinvestment Act of 2009

19-800 • BUTTE COUNTY, IDAHO v. USA

Filed 01/19/2021
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1) and (6); denying [12] Cross Motion for Summary Judgment. The Clerk of Court is directed to enter Judgment for Defendant. Signed by Chief Judge Eleni M. Roumel. Service on parties made. LS.

12-382 • BILOXI MARSH LANDS CORPORATION et al v. USA

Filed 01/19/2021
REPORTED OPINION granting in part and denying in part Motion for Summary Judgment; denying [105] Motion for Partial Summary Judgment. Joint status report due by 2/19/2021. Signed by Judge Ryan T. Holte. (scf) Service on parties made.

Keywords: re Order on Motion for Summary Judgment: Motion for Summary Judgment; Cross-Motion for Summary Judgment; Statute of Limitations; Fifth Amendment Taking; Stabilization Doctrine; Justifiable Uncertainty; Erosion.

19-691 • SARRO & ASSOCIATES, INC. v. USA

Filed 01/15/2021
REPORTED OPINION: Granting the government's motion to dismiss Plaintiff's amended complaint - the first count pursuant to RCFC 12(b)(1) for lack of jurisdiction and the three remaining counts pursuant to RCFC 12(b)(6) for failure to state a claim upon which relief may be granted. The Clerk is directed to enter judgment for the government. Signed by Judge Matthew H. Solomson. (ids) Service on parties made.

20-926 • AGMA SECURITY SERVICE, INC. v. USA

Filed 01/15/2021
REPORTED OPINION. Signed by Senior Judge Marian Blank Horn. (jm5) Service on parties made.

20-814 • PERSPECTA ENTERPRISE SOLUTIONS LLC et al v. USA

Filed 01/15/2021
REPORTED OPINION reissuing ECF No. 79 SEALED OPINION and ORDER. Signed by Senior Judge Loren A. Smith. (nec) Service on parties made.

Keywords: Bid Protest; Tucker Act; Unsuccessful Offeror; Organizational Conflict of Interest; Material Misrepresentation; Cost Realism; Price Realism; Unequal Discussions; Technical Evaluation; Disparate Treatment; Prejudice; Injunctive Relief re: Reported Opinion.

20-1023 • PGLS, LLC v. USA

Filed 01/15/2021
REPORTED OPINION reissuing ECF No. 46 SEALED OPINION and ORDER. Signed by Senior Judge Loren A. Smith. (cew) Service on parties made.

(Court only) Keywords: Post-Award Bid Protest; Judgment on the Administrative Record; Tucker Act; Federal Supply Schedule; Lowest Price Technically Acceptable; Administrative Procedure Act; Arbitrary and Capricious; FAR Part 8; FAR Part 15. re: 46 Order on Motion to Strike, Order on Motion for TRO, Order on Motion for Judgment on the Admin. Record, Order on Cross Motion [Dispositive], Order on Motion for Preliminary Injunction, Sealed Opinion/Order.

18-287 • OLSON et al v. USA

Filed 01/14/2021
REPORTED OPINION and ORDER granting Motion to Dismiss - Rule 12(b)(1) and (6). On or before 2/5/2021, the parties are directed to FILE a joint status report identifying for the court all claims related to parcels located on trust lands, to which this ruling applies, as well as plaintiffs claims that remain viable, so that the court can dismiss and enter final judgment on the appropriate claims. On or before 2/5/2021, plaintiffs are directed to FILE a status report attaching their multiple plaintiffs summary to include the required information for all plaintiffs who have been named in the complaints filed in this case. Plaintiffs are further directed to FILE an updated chart following these same procedures within seven days of adding or removing any plaintiffs for the duration of this case. On or before 2/19/2021, defendant is directed to FILE an answer to plaintiffs' remaining claims in this matter.Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made.

Keywords: re: Reported Opinion; Motion for Partial Dismissal; Lack of Subject Matter Jurisdiction; RCFC 12(b)(1); Privity of Contract. (TQ)

09-333 • KOOPMANN v. USA

Filed 01/12/2021
REPORTED OPINION granting Motion for Entry of Judgment under Rule 54(b). The Clerk is directed to enter a separate judgment for the listed plaintiffs or plaintiff groups. Signed by Chief Judge Eleni M. Roumel. (klb) Service on parties made. (Main Document 385 replaced on 1/13/2021) (sh). Walter A. and Sandra J. Bates, Charles H. George, Allen E. Snook, Brian Leiding, James B. Brooks, Sr., Douglas R. Lund, David S. Meik, Joseph L. Galbraith, William Mullen, Magnus R. Hansen, Richard E. Newton, Wayne A. Jackson, William Royall, Jr., Robert C. Seits, Gerald W. Johnson, Robert S. Tanons, John Joyce and George Williams served via U.S. mail.

10-157 • SOFMAN v. USA

Filed 01/12/2021
REPORTED OPINION granting [157]; denying [203]. Signed by Chief Judge Eleni M. Roumel. (Attachments: # (1) Appendix A)(klb) Service on parties made; Carol A. Halstead, Glenn T. Goble, R.S. Grammer, Robert E. Langevin and Robert G. Scott served via U.S. mail.

17-307 • HADDAD v. USA

Filed 01/12/2021
REPORTED OPINION denying Motion for Summary Judgment; finding as moot [67] Motion for Summary Judgment; denying [98] Motion for Reconsideration. Parties shall file a joint status report on or before 2 February 2021 . Signed by Judge Ryan T. Holte. (scf) Service on parties made.

Keywords: re: Order on Motion for Summary Judgment,,,, Patent Infringement; 28 U.S.C. § 2514; Motion for Summary Judgment; RCFC 56; Motion for Forfeiture; Fraud.

09-333 • KOOPMANN v. USA

Filed 01/12/2021
REPORTED OPINION denying [335]; granting [252]. Signed by Chief Judge Eleni M. Roumel. (Attachments: # (1) Appendix A)(klb) Service on parties made; Barbara Munyon, Darrell A. Rader, Fred A. Gumpert, Gale M. Nelson, George W. Johnson, James B. Morehead, James D. Marshall, Jerry D. Hathaway, Joan Donohue, John R. Linderman, Lawrence J. McClure, Martin A. Kee, Randolph K. Hinz, Jr., Ronald L. Blash and Stanley M. Anderson served via U.S. mail.

19-506 • BANNUM, INC. v. USA

Filed 01/08/2021
REPORTED OPINION: The Court grants the defendant's motion for summary judgment. The Court will issue an order directing judgment for the defendant in accordance with this memorandum opinion. Signed by Judge Richard A. Hertling. (dhf) Service on parties made.

Keywords: re: Reported Opinion, Summary Judgment; RCFC 56; Bureau of Prisons; Contract Disputes Act; 41 U.S.C. § 7104; Termination for Convenience; Termination Settlement Proposal.

20-1043 • PEOPLE, TECHNOLOGY AND PROCESSES, LLC v. USA

Filed 01/08/2021
REPORTED OPINION and ORDER on Cross-Motions for Judgment on the Administrative Record, reflecting redactions to Opinion and Order filed 12/18/20, ECF. No. 27. Signed by Judge David A. Tapp. (ejg) Service on parties made.

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