USCFC General Jurisdiction-Reported

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

Filed 11/13/2020
REPORTED OPINION: Reflecting redactions to opinion and order issued 11/6/20. Signed by Senior Judge Charles F. Lettow.

Keywords: re Reported Opinion: Application for a temporary restraining order; motions for a preliminary injunction; equitable factors; RCFC 65(a)(2); deferral.

18-1059 • MONROE v. USA

Filed 11/13/2020
REPORTED OPINION granting Motion for Attorney Fees. The clerk's office is directed to ENTER judgment for plaintiff in the amount of $50,425.87 in attorneys fees and $455.40 in expenses, for a total award of $50,881.27. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made.

Keywords: re: Order on Motion for Attorney Fees. RCFC 54(d)(2); Equal Access to Justice Act; Attorneys Fees; Prevailing Party; Substantially Justified.(TQ)

20-908 • TOP GUN SERVICES, LLC v. USA

Filed 11/11/2020
REPORTED UNSEALED ORDER granting 10 Motion to Dismiss - Rule 12(b)(1). Signed by Judge David A. Tapp. (emc) Service on parties made.

Keywords: re: Reported Order: Motion to Dismiss, RCFC 12(b)(1), Standing, AbilityOne, Competition in Contracting Act (CICA)

14-841 • AMPERSAND CHOWCHILLA BIOMASS, LLC et al v. USA

Filed 11/09/2020
OPINION and ORDER. The Clerk is directed to enter judgment. Signed by Senior Judge Mary Ellen Coster Williams. (tsb) Service on parties made.

Keywords: re: Reported Opinion: American Recovery and Reinvestment Act (ARRA); Pub. Law. No. 111-5, Div. B, tit. I, § 1603, 123 Stat. 115, 364-66 (2009); Section 1603 Grant; Open-Loop Biomass Facility; Specifically Assigned Function; Oglethorpe Factors; Placed in Service; Statutory Interpretation.

18-47 • SPELLERS v. USA

Filed 11/06/2020
REPORTED OPINION granting in part partial dismissal as to plaintiff's retaliation claim (Count II) and denying in part [32] Motion for Summary Judgment as to plaintiff's EPA claim (Count I). Pursuant to RCFC 54(b), as there is not just reason for delay, the clerk's office is directed to ENTER judgment DISMISSING Count II of plaintiff's complaint for lack of subject matter jurisdiction, without prejudice. On or before 12/4/2020, the parties are directed to CONFER and FILE a Joint Status Report. The status report shall state whether settlement is a feasible option in this case or whether the parties intend to file any additional dispositive motions. If dispositive motions are to be filed, the status report shall set forth a proposed schedule in that regard. If neither settlement nor dispositive motions are viable, the parties shall set forth a proposed schedule for the exchanges required by 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: Opinion and Order on Motion for Summary Judgment; RCFC 56; Dismissal for Lack of Jurisdiction; RCFC 12(b)(1); RCFC 12(h)(3); Equal Pay Act; 29 U.S.C. § 206(d); Substantially Equal Work; Retaliation Claim. (TQ)

19-1439 • BAER v. USA

Filed 11/05/2020
REPORTED OPINION granting the defendant's motion to dismiss under RCFC 12(b)(6). The Court will issue an order in accordance with this decision. Signed by Judge Richard A. Hertling. (naw) Service on parties made.

Keywords: re: Reported Order, Motion to Dismiss; RCFC 12(b)(6); Tax Refund Claim; 26 U.S.C. § 6651(a); Late-Filing Penalty; Non-Delegable Duty to File; Reasonable Cause; 26 C.F.R. § 1.6081-4.

20-764 • DIGIFLIGHT, INC. v. USA

Filed 11/04/2020
REPORTED OPINION granting MOTION for Judgment on the Pleadings pursuant to RCFC 12(c) and, in the alternative, MOTION to Dismiss pursuant to RCFC 12(b)(6). The Court GRANTS defendant's Motion and DISMISSES the Complaint. The Clerk is directed to enter judgment accordingly. Signed by Judge Matthew H. Solomson. (ids) Service on parties made. Modified to replace PDF on 11/4/2020

Keywords re Order on Motion for Judgment on the Pleadings pursuant to RCFC 12(c) and, in the alternative, MOTION to Dismiss pursuant to RCFC 12(b)(6) - Bid protest; solicitation protest; RCFC 12(b)(6); material solicitation requirement; mandatory minimum requirement; clarifications; discussions; timeliness; waiver.

20-120 • QUANTICO TACTICAL INC. v. USA

Filed 11/02/2020
REPORTED OPINION. Signed by Senior Judge Eric G. Bruggink. (jpk1) Service on parties made.

Keywords: re: Reported OPINION: Pre-award bid protest; Competitive range determination; FAR 15.306; technically unacceptable; prejudice

14-135 • MEMMER v. USA

Filed 11/02/2020
REPORTED TRIAL OPINION. Joint Status Report due by 11/16/2020. Signed by Senior Judge Margaret M. Sweeney. (kb1)

Keywords: re: Reported Opinion -- Trial Decision; Rails-to-Trails; Fifth Amendment Taking; Indiana Law; Vacatur and Remand From Federal Circuit Before Addressing Merits of Cross-Appeals to Make a Record for Applying a Multifactor Test (as directed in Caquelin); Effect of Vacatur; Cognizable Property Interests; Liability for a Taking When No Trail Use Agreement Executed, NITU Expires, and Abandonment Not Consummated; Arkansas Game & Fish; Causation; Extent of Taking; Damages for a Temporary Taking

18-1322 • GREGORY v. USA

Filed 10/31/2020
REPORTED OPINION on MOTION for Judgment on the Administrative Record, [29] CROSS MOTION; denying [27] Motion for Judgment on the Administrative Record; denying [29] Cross Motion. Signed by Senior Judge Marian Blank Horn. (kee) Service on parties made.

Keywords: re: Reported Opinion: Military Pay; Disability; Veterans Administration Schedule for Rating Disabilities; Cross-Motions for Judgment on the Administrative Record; Remand; Standard of Review.

20-1211 • SUPERIOR OPTICAL LABS, INC. v. USA

Filed 10/30/2020
REPORTED OPINION. Reissuing with proposed redactions. Signed by Judge Thomas C. Wheeler. (aak) Service on parties made. Modified text on 10/30/2020

Keywords: re Reported Order: Bid Protest; Motion for Judgment on the Administrative Record; Motion for Permanent Injunction; Veterans Benefits, Health Care, and Information Technology Act of 2006; 38 U.S.C. 8127; Rule of Two; SDVOSB and VOSB setasides; AbilityOne program; Department of Veteran Affairs Contracting Preference Consistency Act; Small Business Set Aside; Statutory Interpretation; Chevron Deference; Veterans Integrated Service Networks. (aak) Modified file date on 11/5/2020 (ead).

18-1784 • LABONTE v. USA

Filed 10/30/2020
REPORTED OPINION. As to the plaintiff's claim for disability retirement, his complaint fails to state a claim upon which relief can be granted and must be dismissed under RCFC 12(b)(6). With the claim under the Military Pay Act dismissed, the Court does not have jurisdiction over the plaintiff's fifth amendment claim, which must be dismissed pursuant to RCFC 12(b)(1) and 12(h)(3). The parties' cross-motions for judgment on the administrative record are denied as moot. The Court will issue an order in accordance with this opinion. Signed by Judge Richard A. Hertling. (dhf) Service on parties made.

Keywords: re: Reported Opinion, Motion to Dismiss; Jurisdiction; Failure to State a Claim; Rule 12(b)(1); Rule 12(b)(6); 10 U.S.C. § 1201; Military Disability Retirement; Court-Martial; 10 U.S.C. § 1552(f)

14-513 • THALES VISIONIX, INC. v. USA

Filed 10/30/2020
Reported Claim Construction Opinion and Order. Signed by Judge Ryan T. Holte. (scf) Service on parties made.

Reported Opinion Keywords: Patent infringement; claim construction; Markman hearing; plain and ordinary meaning; prosecution disclaimer.

15-1307 • CELLCAST TECHNOLOGIES, LLC et al v. USA

Filed 10/29/2020
Reported Claim Construction Opinion and Order. Signed by Judge Ryan T. Holte. (yg) Service on parties made.

Keywords: patent infringement; claim construction; Markman hearing; plain and ordinary meaning; means-plus-function; 35 U.S.C § 112(f).

19-53 • GAYNOR v. USA

Filed 10/28/2020
REPORTED OPINION AND ORDER: Granting Motion to Dismiss - Rule 12(b)(1). Plaintiff's First Amended Complaint hereby is dismissed pursuant to RCFC 12(b)(1). The Clerk is directed to enter judgment. Signed by Judge Matthew H. Solomson. (sew) Service on parties made.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1), Reported Opinion. Tax refund claim; I.R.C. § 7422(a); I.R.C. § 6038; payment in full; penalties; administrative refund claim; notice of disallowance; six-month waiting period; IRS Form 5471; RCFC 12(b)(1).

19-946 • EHREN-HAUS INDUSTRIES, INC. v. USA

Filed 10/28/2020
REPORTED OPINION granting in part and denying in part Motion for Protective Order. Signed by Senior Judge Charles F. Lettow.

Keywords: re: motion for protective order limiting breadth of deposition notices; RCFC 30(b)(6); relevancy; undue burden or expense.

20-692 • GLOCOMS, INC. v. USA

Filed 10/28/2020
REPORTED OPINION: Reflecting redactions to opinion and order issued 10/19/20. Signed by Senior Judge Charles F. Lettow. (hlk) Modified on 10/28/2020 to correct issued date

Keywords: re Reported Opinion: post-award bid protest; best-value procurement; challenges to the Army's comparative evaluation of pertinent factors governing the procurement.

18-266 • SILVER STATE SOLAR POWER SOUTH, LLC v. USA

Filed 10/27/2020
REPORTED UNSEALED ORDER denying Motion for Partial Summary Judgment filed by USA. Signed by Judge David A. Tapp. (emc) Service on parties made.

Keywords: re: Order on Motion for Partial Summary Judgment, Reported Order: American Recovery and Reinvestment Tax Act § 1603, I.R.C. § 1060, Intangible Assets, Tangible Property, Specified Energy Property, Partial Summary Judgment.

19-1805 • SAVANTAGE FINANCIAL SERVICES, INC. v. USA

Filed 10/26/2020
REPORTED OPINION. Reissued public opinion of the Court's October 16, 2020 sealed opinion denying the plaintiff's motion for judgment on the administrative record, denying the defendant's motion for partial dismissal, and granting the defendant's cross-motion for judgment on the administrative record. Signed by Judge Richard A. Hertling. (naw) Service on parties made.

Keywords: re: Reported Opinion, Pre-Award Bid Protest; Cross-Motions for Judgment on the Administrative Record; RCFC 52.1; Motion to Dismiss; Competition in Contracting Act; Unduly Restrictive Requirements; Prejudice

18-412 • CHEROKEE GENERAL CORPORATION v. USA

Filed 10/23/2020
REPORTED OPINION on CROSS MOTION and RESPONSE to [54] Motion for Summary Judgment, filed by CHEROKEE GENERAL CORPORATION, filed by USA, [55] MOTION for Summary Judgment Sealed Exhibit 3 filed by CHEROKEE GENERAL CORPORATION, [54] MOTION for Summary Judgment filed by CHEROKEE GENERAL CORPORATION, denying [54] Motion for Summary Judgment; granting in part and denying in part [59] Cross Motion. Joint proposed pretrial schedule due by 11/23/2020. Signed by Judge Elaine D. Kaplan. (tjd) Service on parties made.

Keywords: re: Motion for Summary Judgment; Breach of Contract; Contracting Officer Final Decision; Contract Disputes Act; Default Termination; Conversion to Termination for Convenience; Constructive Changes; Differing Site Conditions

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