USCFC General Jurisdiction-Reported

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20-1903 • TEXTRON AVIATION DEFENSE LLC v. USA

Filed 08/12/2022
REPORTED OPINION: GRANTING the United States' motion to dismiss Textron AD's complaint pursuant to RCFC 12(b)(6) for failure to state a claim upon which relief may be granted and, in the alternative, for summary judgment pursuant to RCFC 56; DENYING [10] Textron AD's cross-motion for partial summary judgment pursuant to RCFC 56. The Clerk is directed to enter JUDGMENT for Defendant, the United States. Signed by Judge Matthew H. Solomson. (jmt) Service on parties made.

22-735 • GIBSON v. USA

Filed 08/12/2022
REPORTED OPINION dismissing plaintiff's case without prejudice for lack of subject-matter jurisdiction; denying plaintiff's Motion for Trial Court to Furnish Appellate Record; granting [2] plaintiff's Motion for Leave to Proceed in forma pauperis. The Clerk is directed to enter judgment. Signed by Senior Judge Margaret M. Sweeney. (ls) Service on parties made. plaintiff served via first class mail on 08.12.2022 (cam). Modified on 8/12/2022 (cam). Plaintiff served via first class mail to updated address on 08.22.2022 (cam). Modified on 8/22/2022

17-898 • HIGHMARK INC. v. USA

Filed 08/11/2022
REPORTED OPINION AND ORDER: Plaintiff's motion for partial summary judgment is DENIED and [94] defendant's cross-motion for partial summary judgment is GRANTED. The parties shall file a Joint Status Report on or before September 12, 2022, proposing a schedule of further proceedings in this matter. Signed by Judge Armando O. Bonilla. (ead) Service on parties made.

Keywords: re: Order on Motion for Partial Summary Judgment, Order on Cross Motion [Dispositive], Reported Opinion, Tax Refund, Special Deduction under I.R.C. § 833(b); Liability; Cost-Plus Contract

22-372 • KGJJ ENGINEERING SOLUTIONS, LLC v. USA

Filed 08/10/2022
REPORTED OPINION. Signed by Senior Judge Eric G. Bruggink. (rja) Service on parties made.

Keywords: re: Reported Opinion: Bid protest; post-award bid protest; experience; affiliates; key personnel; safety; past performance; relevancy; Blue & Gold; injunction

22-196 • AMES 1, LLC v. USA

Filed 08/10/2022
REPORTED OPINION (reissued for publication of SEALED MEMORANDUM AND ORDER DENYING AS MOOT Plaintiff's Motion for Judgment on the Administrative Record [15] and DENYING AS MOOT Defendant's Cross-Motion for Judgment on the Administrative Record [16].) Signed by Judge Eleni M. Roumel. (dzg) Service on parties made.

18-1125 • VELOCITY TRAINING, LLC v. USA

Filed 08/09/2022
REPORTED ORDER. Signed by Senior Judge Victor J. Wolski. (jad) Service on parties made.

Keywords: re: Reported Order post-award bid protest; SBA size determination; ostensible subcontractor rule; Blue & Gold waiver; lack of interested party standing; failure to meet solicitation requirements.

19-1747 • DOE NO. 1 v. USA

Filed 08/09/2022
REPORTED OPINION and ORDER (re-issuance of July 26, 2022 Sealed Opinion and Order for Publication (ECF No. 68). Signed by Judge Stephen S. Schwartz. (cmc) Service on parties made.

22-364 • HYDRAULICS INTERNATIONAL, INC. v. USA

Filed 08/08/2022
REPORTED OPINION AND ORDER: Unsealed redacted version of SEALED OPINION and ORDER. Signed by Judge Ryan T. Holte. (mrm) Service on parties made.

Keywords: re: Reported Opinion, redacted version of [38] Sealed Opinion/Order: Post-Award Bid Protest; Motion for Judgment on the Administrative Record; Best-Value Determination; Bid Protest; Jurisdiction; Venue Transfer; Other Transaction Agreements; Motion to Supplement; Motion to Dismiss.

22-78 • FRAWNER CORPORATION v. USA

Filed 08/08/2022
REPORTED OPINION (reissued for publication of SEALED MEMORANDUM AND ORDER GRANTING IN PART Plaintiff's Motion for Judgment on the Administrative Record [24] and DENYING IN PART Defendant's Cross-Motion for Judgment on the Administrative Record [27].) Signed by Judge Eleni M. Roumel. (rt16) Service on parties made.

20-1245 • MEDRANO et al v. USA

Filed 08/05/2022
REPORTED SUPPLEMENTAL OPINION and ORDER denying Defendant's Motion to Dismiss as to Plaintiffs' Federal Employee Pay Act claim. Signed by Judge Stephen S. Schwartz. (cmc) Service on parties made.

21-1373 • SERVANT HEALTH, LLC v. USA

Filed 08/05/2022
REPORTED OPINION AND ORDER: Defendant's motion for summary judgment is GRANTED and plaintiffs' [43] cross-motion for summary judgment is DENIED. The Clerk is directed to ENTER judgment accordingly. Signed by Judge Armando O. Bonilla. (ead) Service on parties made.

Keywords: re: Order on Motion for Summary Judgment, Order on Cross Motion [Dispositive], Reported Opinion, Breach of Supply Contract, Termination for Default, Excusable Delay, Product Substitution, Implied Duty of Good Faith & Fair Dealing.

17-825 • SCIENCE APPLICATIONS INTERNATIONAL CORP. v. USA

Filed 08/05/2022
REPORTED OPINION (reissued for publication of SEALED MEMORANDUM AND ORDER denying [253] Plaintiff's Motion for Reconsideration.) Signed by Judge Eleni M. Roumel. (rt16) Service on parties made.

22-573 • MICHAEL STAPLETON ASSOCIATES, LTD v. USA

Filed 08/03/2022
REPORTED OPINION. Unsealed public version of SEALED OPINION granting GK9's [38] MOTION to Withdraw Motion for Preliminary Injunction; denying as moot MSA's [2] MOTION for Temporary Restraining Order and denying MSA's [2] MOTION for Preliminary Injunction and [22] Supplemental MOTION for Preliminary Injunction. Signed by Judge Ryan T. Holte. (sav) Service on parties made.

Keywords: re: Reported Opinion, [55] Sealed Opinion: Preliminary Injunction; Likelihood of Success; Mail; USPS; Resolicitation; Bid Protest; Solicitation Ambiguities; Arbitrary and Capricious; APA; Rational Basis.

22-379 • CGS-SSG JOINT VENTURE v. USA

Filed 08/02/2022
REPORTED OPINION and ORDER (re-issuance of July 18, 2022 Sealed Opinion and Order for Publication ECF No. 28). Signed by Judge Stephen S. Schwartz. (cmc) Service on parties made.

21-1755 • INSIGHT PUBLIC SECTOR, INC. v. USA

Filed 08/01/2022
REPORTED OPINION (reissued for publication of SEALED MEMORANDUM AND ORDER DENYING Plaintiff's Motion for Judgment on the Administrative Record (MJAR) [33], Plaintiff's Supplemental MJAR [77], and Plaintiff's Second Supplemental MJAR [103], and GRANTING Defendant's Cross-Motion for Judgment on the Administrative Record (Cross-MJAR) [38], Defendant's Supplemental Cross-MJAR [78], Intervenor-Defendant's Cross-MJAR [39], and Intervenor-Defendant's Supplemental Cross-MJAR [79].) Signed by Judge Eleni M. Roumel. (rt16) Service on parties made.

10-647 • COLONIAL CHEVROLET CO., INC. et al v. USA

Filed 07/29/2022
**RE-DOCKETED FOR PUBLICATION** OPINION: on MOTION for Review filed by COLONIAL CHEVROLET CO., INC., [555] MOTION for Review filed by ALLEY'S OF KINGSPORT, INC granting in part and denying in part [554] Motion for Review; granting in part and denying in part [555] Motion for Review. The court taxes costs in favor of the government and against the representative Chrysler plaintiffs total costs taxed $128,299.53. The court apportions 22% of these costs to the Colonial representative plaintiffs, or $28,225.90, and 78% to the Alleys representative plaintiffs, or $100,073.63. The parties shall file a joint status report by 8/5/2022 proposing further proceedings for the remaining Chrysler plaintiffs. See Scheduling Order at 2, ECF No. [531]. Signed by Senior Judge Nancy B. Firestone. (ac7) Copy to parties. (Entered: 08/02/2022) Modified on 8/2/2022 - corrected docket entry (jt1).

Keywords: re: Order on Motion for Review, Reported Opinion, Taxation of Costs; RCFC 54(d); Premature Bill of Costs; Equitable Reduction; TranscriptCosts; Witness Costs; Duplication Costs; Deposition Costs; Apportionment

21-2275 • SEVENTH DIMENSION, LLC v. USA

Filed 07/27/2022
REPORTED OPINION AND ORDER: GRANTING IN PART AND DENYING IN PART Motion for Reconsideration re [34] Reported Opinion, filed by the United States. The Court modifies its prior injunction and remand, accordingly, as explained herein. The government shall file a status report on or before August 10, 2022, as directed in the opinion and order. Signed by Judge Matthew H. Solomson. (ahn) Service on parties made. (Main Document 46 replaced on 7/28/2022 to correct typographical errors.)

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

Filed 07/27/2022
REPORTED OPINION AND ORDER, granting Motion to Stay. The parties shall file a joint status report within ten business days after the final determination in the ex parte proceedings. Signed by Senior Judge Charles F. Lettow.

Keywords re Order on Motion to Stay, Reported Opinion: Patent case; motion to stay proceedings in light of pending petitions for ex parte review; timeliness; prejudice.

16-932 • SPECTRE CORPORATION v. USA

Filed 07/26/2022
REPORTED OPINION granting the government's MOTION in Limine to Exclude Portions of Jeffrey Votypka's Testimony And Spectre's Lost Profits Model; granting the government's [113] MOTION in Limine to Exclude Certain Materials and Opinion Evidence From Drs. Melkonian and Spangler; granting in part and denying in part the government's [114] MOTION in Limine to Exclude Portions of Jack Keller's and Nicholas Carollo's Testimony and Portions of Spectre's Lost Profits Model; denying plaintiff's [120] CROSS-MOTION. Joint status report due by 8/25/2022. Signed by Judge Ryan T. Holte. (rnb) Service on parties made.

Keywords: re: Order on Motion in Limine, Evidence, Admissibility of Layperson Testimony, Admissibility of Expert Testimony, Hearsay, Fed. R. Evid. 701, Fed. R. Evid. 702, Fed. R. Evid. 802.

20-204 • ROYAL v. USA

Filed 07/26/2022
REPORTED OPINION DISMISSING CASE, DENYING First MOTION for Judgment on the Administrative Record, filed by HAYWOOD ROYAL, and GRANTING [29] CROSS MOTION and RESPONSE to [26] Motion for Judgment on the Administrative Record, filed by USA. REPORTED OPINION DISMISSING CASE, DENYING [26] First MOTION for Judgment on the Administrative Record, filed by HAYWOOD ROYAL, and GRANTING [29] CROSS MOTION and RESPONSE to [26] Motion for Judgment on the Administrative Record, filed by USA. The Clerk is directed to enter judgment. Signed by Senior Judge Bohdan A. Futey. (bpd) Service on parties made. Modified docket text on 7/26/2022 (rp).The Clerk is directed to enter judgment. Signed by Senior Judge Bohdan A. Futey. (bpd) Service on parties made. Modified docket text on 7/26/2022

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