USCFC General Jurisdiction-Reported

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21-1629 • B.H. AIRCRAFT COMPANY INC. v. USA

Filed 03/29/2022
REPORTED OPINION. Signed by Judge Zachary N. Somers. (ktm) Service on parties made.

21-2150 • PROGRESS FOR BAKERSFIELD VETERANS, LLC v. USA

Filed 03/29/2022
REPORTED OPINION. Signed by Senior Judge Eric G. Bruggink. (hem) Service on parties made. (Main Document 74 replaced on 4/4/2022 to attach corrected PDF)

Keywords: re: Reported Opinion: Bid protest; post-award bid protest; 28 U.S.C. § 1491(b)(1); FAR 9.105-2(a)(1) (2018); RCFC 12(b)(1); RCFC 12(b)(6); prejudice.

22-302 • ALEJANDRO v. USA

Filed 03/29/2022
Order of Dismissal: The Clerk is directed to ENTER judgment DISMISSING plaintiff's complaints for lack of subject-matter jurisdiction, pursuant to RCFC 12(h)(3). The Clerk is further directed to REJECT any future submissions in this matter unless such filings comply with this Court's rules regarding post-dismissal submissions. Signed by Judge David A. Tapp. (krm) Service on parties made; plaintiff served via first class mail. (dls) Modified docket text on 3/29/2022

14-388 • HARDY et al v. USA

Filed 03/28/2022
REPORTED OPINION granting in part and denying in part Supplemental MOTION for Attorney Fees. The court awards plaintiffs $70,772.27 in supplemental attorneys' fees. The Clerk is directed to enter judgment. Signed by Senior Judge Margaret M. Sweeney. (am) Service on parties made.

Keywords: re: Order on Supplemental Motion for Attorney Fees, Reported Opinion: Uniform Relocation Assistance and Real Property Acquisition Policies Act; RCFC 54(d); Supplemental Motion for Attorneys Fees; Reasonableness of Fees and Costs.

18-891 • DUKE ENERGY FLORIDA, LLC v. USA

Filed 03/28/2022
REPORTED OPINION of the Court's SEALED March 21, 2022 Opinion, ECF No. 92. The parties did not propose any redactions, ECF No. 96. Signed by Judge Edward H. Meyers. (tfc) Service on parties made.

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

Filed 03/25/2022
REPORTED OPINION of the court's March 4, 2022 **SEALED**OPINION AND ORDER denying [35] Plaintiff's Motion for Judgment on the Administrative Record; denying [37] intervenor-defendant's Cross Motion; denying 39 defendant's Cross Motion; the clerk's office is directed to STAY this matter until further order of the court; and pursuant to 28 U.S.C. § 1491(b)(2) and RCFC 52.2(a), plaintiffs claims are REMANDED to the United States Small Business Administration so that the agency may address the matters identified in this opinion. The initial duration of the remand is one-hundred eighty days from the date of this opinion, or until August 31, 2022, which may be extended, upon motion, pursuant to RCFC 52.2(c), or which may be shortened should the agency complete its reconsideration process sooner. On or before 3/11/2022, defendant is directed to FILE a status report providing the court with the name and address of the agency representative on whom the court should serve a certified copy of this opinion and order. On or before 3/25/2022, the parties are directed to CONFER and FILE a notice attaching the parties agreed upon redacted version of this opinion, with all competition-sensitive information blacked out. Pursuant to RCFC 52.2(b)(1)(D), the parties are directed to FILE a joint status report on or before 5/3/2022 and 7/5/2022 indicating the status of proceedings on remand. Pursuant to RCFC 52.2(e), the parties are directed to FILE a notice within five days after the conclusion of remand proceedings that sets forth the parties positions regarding whether further litigation of this matter is necessary. If further proceedings are appropriate, the parties shall include a proposed schedule to govern this case going forward. Signed by Judge Patricia E. Campbell-Smith. (mp) Service on parties made.

Keywords: re: Reported Opinion. Bid Protest; Unconditional Ownership.

19-510 • PHILADELPHIA ENERGY SOLUTIONS REFINING AND MARKETING, LLC v. USA

Filed 03/25/2022
REPORTED OPINION on MOTION for Partial Summary Judgment filed by PHILADELPHIA ENERGY SOLUTIONS REFINING AND MARKETING, LLC, [53] CROSS MOTION and RESPONSE to [50] Motion for Partial Summary Judgment, filed by PHILADELPHIA ENERGY SOLUTIONS REFINING AND MARKETING, LLC filed by USA, [28] MOTION for Judgment on the Pleadings filed by USA; denying [50] Motion for Partial Summary Judgment; granting [53] Cross Motion; finding as moot [28] Motion for Judgment on the Pleadings. Signed by Judge Edward H. Meyers. (rmc) Service on parties made.

20-1237 • RAVI v. USA

Filed 03/25/2022
REPORTED OPINION. Signed by Senior Judge Nancy B. Firestone.(dpk) Service on parties made.

Keywords: re: Reported Opinion; Motion to Dismiss; RCFC 12(b)(1); Sovereign Capacity Doctrine; RCFC 56(d); RCFC 15; Futility

17-855 • HAHNENKAMM, LLC v. USA

Filed 03/25/2022
REPORTED OPINION. For the reasons stated above, the court concludes that Hahnenkamm is entitled to recover $3,970,000 in damages from and against the government. The Clerk shall enter final judgment in favor of Hahnenkamm for that amount. Signed by Senior Judge Charles F. Lettow. (ac) Modified on 3/25/2022 to add additional information from the Opinion

Keywords: re: Reported Opinion: post-trial decision; contracts based on statutory underpinnings; fair market value.

21-1892 • AGMA SECURITY SERVICE, INC. v. USA

Filed 03/23/2022
REPORTED OPINION denying Plaintiff's Motion for Judgment on the Administrative Record and granting Government's Cross Motion. Signed by Chief Judge Elaine D. Kaplan. (aa) Service on parties made.

21-1067 • TRILOGY FEDERAL, LLC v. USA

Filed 03/22/2022
REPORTED OPINION of the court's March 1, 2022 **SEALED** OPINION denying [34] Corrected MOTION for Judgment on the Administrative Record filed by TRILOGY FEDERAL, LLC; granting [36] Cross MOTION for Judgment on the Administrative Record filed by APTIVE RESOURCES, LLC, granting [44] CROSS MOTION 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. No redactions requested.. 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)

21-1011 • REV, LLC v. USA

Filed 03/21/2022
REPORTED OPINION of the court's March 1, 2022 **SEALED** OPINION denying [78] Corrected Motion for Judgment on the Administrative Record filed by REV, LLC; granting [80] CROSS MOTION for Judgment on the Administrative Record, filed by DECISIVE POINT CONSULTING GROUP, LLC; granting [83] Cross MOTION for Judgment on the Administrative Record filed by APTIVE RESOURCES, LLC; granting [85] 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-defendants' 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; Standing; Prejudice. (TQ)

21-1019 • BLUE WATER THINKING, LLC v. USA

Filed 03/21/2022
REPORTED OPINION of the court's March 1, 2022 [55]**SEALED**OPINION denying MOTION for Judgment on the Administrative Record filed by BLUE WATER THINKING, LLC; granting [42] MOTION for Judgment on the Administrative Record filed by APTIVE RESOURCES, LLC; and granting [44] 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. 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; Disparate Treatment; Agency Evaluation. (TQ)

20-1469 • STRAHLER v. USA

Filed 03/18/2022
REPORTED OPINION AND ORDER DISMISSING CASE. Granting Motion for Judgment on the Administrative Record filed by USA; Denying [21] Cross Motion for Judgment on the Administrative Record filed by Craig M. Strahler. The Clerk is directed to enter judgment. Signed by Judge Stephen S. Schwartz. (cmc) Service on parties made.

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.

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