USCFC General Jurisdiction-Reported

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20-12 • RELYANT GLOBAL, LLC v. USA

Filed 02/21/2020
REPORTED MEMORANDUM OPINION and ORDER granting the governments motion to dismiss; denying Relyants motion for a preliminary injunction; and dismissing the complaint. Signed by Judge Lydia Kay Griggsby. (jw) Service on parties made.

Keywords: Post-Award Bid Protest; Preliminary Injunction; RCFC 65, re: Reported Memorandum Opinion and Order.

19-907 • THE GREEN TECHNOLOGY GROUP, LLC v. USA

Filed 02/21/2020
PUBLIC REPORTED OPINION Granting in part and denying in part MOTION for Judgment on the Administrative Record filed by THE GREEN TECHNOLOGY GROUP, LLC; Granting in part and denying in part [48] CROSS MOTION and RESPONSE to 45 Motion for Judgment on the Administrative Record, filed by USA, and [47] CROSS MOTION and RESPONSE to 45 Motion for Judgment on the Administrative Record, filed by LINTECH GLOBAL, INC. Signed by Judge Richard A. Hertling. (abg) Service on parties made.

Keywords: re: Cross-Motions for Judgement on the Administrative Record; RCFC 52.1; unbalanced pricing; disparate treatment; technical evaluation; past performance evaluation.

19-270 • DIXON v. USA

Filed 02/21/2020
REPORTED OPINION Granting Motion to Dismiss, filed by the United States. The Court will issue an order in accordance with this decision. Signed by Judge Richard A. Hertling. (abg) Service on parties made.

Keywords: re: Reported Opinion, [38] Order on Motion to Dismiss: RCFC 12(b)(1); Amended Tax Return; Tax Refund Claim; Signature Requirement; Chevron Deference; Kisor Deference; Waiver.

18-916 • CAPITOL INDEMNITY CORPORATION v. USA

Filed 02/21/2020
REPORTED OPINION on MOTION to Dismiss pursuant to Rules 12 (b)(1) and (6) With Appendix filed by USA (Joint Status Report due by 3/18/2020) granting in part and denying in part [7] Motion to Dismiss - Rule 12(b)(1) and (6). Signed by Senior Judge Nancy B. Firestone. (gd) Service on parties made.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1) and (6), Motion To Dismiss; RCFC 12(b)(6); Failure to State a Claim; Contract Disputes Act; Equitable Subrogation; Takeover Contract; Materials Outside the Complaint

17-422 • COASTAL PARK LLC et al v. USA

Filed 02/20/2020
CORRECTED REPORTED OPINION Denying Plaintiffs' Motion for Summary Judgment; Granting [36] the United States' Cross-Motion for Summary Judgment. Signed by Judge David A. Tapp. (ac7) Service on parties made.

12-63 • STEFFEN v. USA

Filed 02/19/2020
REPORTED OPINION denying Motion for Reconsideration - Rule 59(a) ; denying [126] Motion to Amend Pleadings - Rule 15(b). Signed by Judge Patricia E. Campbell-Smith. Redacted version of opinion due by 1/31/2020.Signed by Judge Patricia E. Campbell-Smith. (jt1) Service on parties made.

Keywords: re: Motion for Reconsideration; RCFC 59(a)(1).

18-1943 • HCIC ENTERPRISES, LLC v. USA

Filed 02/19/2020
REPORTED OPINION denying Motion for Summary Judgment on the Pleadings filed by HCIC ENTERPRISES, LLC; granting [14] Cross-Motion for Partial Summary Judgment filed by USA. Signed by Judge Elaine D. Kaplan. (feb) Service on parties made.

Keywords re Opinion and Order on Cross-Motions: Breach of Contract; Construction Contract; Federal Bureau of Prisons; Partial Summary Judgment; Contract Interpretation

17-9002 • IN RE DOWNSTREAM ADDICKS AND BARKER (TEXAS) FLOOD-CONTROL RESERVOIRS v. USA

Filed 02/18/2020
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1) and (6); denying [175] Motion for Summary Judgment; granting [183] Cross Motion. Status Conference set for 2/26/2020 at 03:00 P.M. in Chambers (telephonic) before Senior Judge Loren A. Smith. Signed by Senior Judge Loren A. Smith. (mr) Service on parties made.

Keywords: Fifth Amendment Taking; Motion to Dismiss; RCFC 12(b)(6); Motion for Summary Judgment; Act of God; Perfect Flood Control; Flood Control Act of 1928; 33 U.S.C. § 702c (2018); Flood Water; Protected Property Interest; Property Right. re: [203].

15-488 • TECHNICAL COLLEGE OF THE LOW COUNTRY v. USA

Filed 02/13/2020
REPORTED OPINION granting Motion for Partial Summary Judgment. Joint Status Report due by 03/09/2020. Signed by Chief Judge Margaret M. Sweeney. (am) Service on parties made.

Keywords: re: Rails-to-Trails; Cross-Motions for Partial Summary Judgment; RCFC 56; RCFC 42; Just Compensation; Delay Damages; Appropriate Interest Rate; Prudent Investor Rule; Compound Interest

15-175 • IRIS CORPORATION BERHAD v. USA

Filed 02/10/2020
REPORTED OPINION. (Reissuance of SEALED CLAIM CONSTRUCTION ORDER AND OPINION) Signed by Senior Judge Eric G. Bruggink. (wr) Service on parties made.

Keywords: re: Reported Opinion: Patents; claim construction; Markman hearing; plain and ordinary meaning; extrinsic evidence; sequence.

19-231 • STATE OF MISSISSIPPI et al v. USA

Filed 02/06/2020
REPORTED OPINION granting in part and denying in part Motion to Dismiss - Rule 12(b)(1) and (6). Signed by Judge Elaine D. Kaplan. (arlr) Service on parties made.

Keywords re Order on Motion to Dismiss - Rule 12(b)(1) and (6), Reported Opinion: Motion to Dismiss; RCFC 12(b)(6); RCFC 12(b)(1); Takings Clause; Fifth Amendment; Flooding; Standing.

18-1929 • DOWNEY v. USA

Filed 02/05/2020
REPORTED MEMORANDUM OPINION AND ORDER denying the government's motion to dismiss. Answer due by 2/19/2020. Signed by Judge Lydia Kay Griggsby. (jp) Service on parties made.

Keywords: RCFC 12(b)(1); Subject-Matter Jurisdiction; 5 U.S.C. § 5538; Differential Pay, re: Reported Memorandum Opinion and Order.

19-1568 • CADDELL CONSTRUCTION CO. (DE), LLC v. USA

Filed 02/05/2020
REPORTED OPINION: Reflecting redactions from the opinion and order previously entered on January 30, 2020. Signed by Senior Judge Charles F. Lettow.

Keywords [48]: Post-award bid protest; reasonableness of agency's evaluation of an offeror's management and organization; agency's discretion whether to seek clarification.

19-1749 • DOE NO. 1 et al v. USA

Filed 02/05/2020
REPORTED OPINION granting Motion for Protective Order. Signed by Judge Elaine D. Kaplan. (feb) Service on parties made.

Keywords re Opinion and Order on Motion for Protective Order: Protective Order; Anonymity; FLSA; Overtime Pay; Federal Bureau of Investigation; English Monitor Analyst

19-674 • HARMONIA HOLDINGS GROUP, LLC v. USA

Filed 02/03/2020
PUBLIC OPINION reissuing SEALED OPINION and ORDER. Signed by Senior Judge Loren A. Smith. (kn) Service on parties made.

Keywords: Pre-Award Bid Protest; Post-Award Bid Protest; Tucker Act; Administrative Procedure Act; Federal Supply Schedule; Schedule 70; Solicitation Amendment; Task Order; Best Value; Standing; Blue & Gold Fleet, L.P. v. United States; Waiver; Agency-Level Protest; Best Value; Technical Evaluation. Re: Reported Order.

18-34 • HEALTHESTATE, LLC v. USA

Filed 01/31/2020
REPORTED OPINION Denying MOTION to Dismiss pursuant to Rule 12(b)(1) and Rule 14 Response filed by ASM RESARCH, LLC. (Status Report due by 2/14/2020). Signed by Judge David A. Tapp. (jm) Service on parties made.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1), Motion to Dismiss, RCFC 12(b)(1), Subject Matter Jurisdiction, 28 U.S.C. § 1500, Government Proxy, Res Judicata, Copyright Infringement, Pending Claims, United States v. Tohono OOdham Nation, 563 U.S. 307, 31011 (2011), National Cored Forgings Co. v. United States, 132 Ct. Cl. 11, 1719 (1955), Davis v. United States, 642 Fed. Appx 982, 985 (Fed. Cir. 2016), UNR Indus., Inc. v. United States, 962 F.2d 1013, 101819 (Fed. Cir. 1992).

18-1660 • WANKER v. USA

Filed 01/31/2020
REPORTED OPINION denying Motion to Dismiss - Rule 12(b)(6). Signed by Judge Ryan T. Holte. (nb7) Service on parties made.

Keywords: re: Patent Infringement; RCFC 12(b)(6); Motion to Dismiss; 35 U.S.C. § 101; Patent-ineligible Subject Matter; Abstract Idea.

20-37 • QUALITY CONTROL INTERNATIONAL v. USA

Filed 01/31/2020
(Redockted For Posting On The Court's Website)REPORTED OPINION: Denying Motion for a PI and findings moot Motion for TRO. Opinion originally filed under seal on 1/28/2020. Signed by Senior Judge Nancy B. Firestone. (ac7) Service on parties made.

Keywords: re: Reported Opinion: Bid Protest; Post-Award; Preliminary Injunction.

20-64 • SCHLIHS v. USA

Filed 01/29/2020
REDOCKETED FOR PUBLICATION REPORTED OPINION directing the clerk to enter judgment. Signed by Chief Judge Margaret M. Sweeney. (ac7)

Keywords: Pro Se Plaintiff; Jurisdiction; Sua Sponte Dismissal. (ac7)Keywords: re: Reported Opinion. Pro Se Plaintiff; Jurisdiction; Sua Sponte Dismissal.

13-500 • HANOVER INSURANCE COMPANY (THE) v. USA

Filed 01/29/2020
REPORTED ORDER; ECF No. 169 reissued with redactions. Signed by Judge David A. Tapp. (jm) Service on parties made.

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