USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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14-711 • STROMNESS MPO, LLC v. USA

Filed 10/15/2018
REPORTED OPINION denying Motion for Attorney Fees. Signed by Senior Judge Marian Blank Horn. (td) Service on parties made.

Keywords: Attorney's Fees; Equal Access to Justice Act; 28 U.S.C. § 2412; Itemized Statement; Net Worth; Prevailing Party; Substantially Justified.

16-948 • CKY INC., v. USA

Filed 10/12/2018
granting Motion for Summary Judgment; finding as moot [29] Motion to Dismiss - Rule 12(b)(1); REPORTED OPINION. The Clerk is directed to enter judgment for the United States. Signed by Senior Judge Robert H. Hodges, Jr.

18-136 • SANFORD HEALTH PLAN v. USA

Filed 10/11/2018
REPORTED OPINION AND ORDER denying Motion to Dismiss - Rule 12(b)(6) filed by USA; granting [11] Cross Motion for Summary Judgment filed by SANFORD HEALTH PLAN. The Clerk is directed to enter judgment. Signed by Judge Elaine D. Kaplan. (feb) SeREPORTED OPINION AND ORDER denying [8] Motion to Dismiss - Rule 12(b)(6) filed by USA; granting [11] Cross Motion for Summary Judgment filed by SANFORD HEALTH PLAN. The Clerk is directed to enter judgment. Signed by Judge Elaine D. Kaplan. (feb) Service on parties made.rvice on parties made.

Keywords re Opinion and Order on Motion to Dismiss - Rule 12(b)(6), Order on Cross Motion: Affordable Care Act; Cost-Sharing Reductions; Moda Health Plan; Montana Health; Statutory Obligation; Appropriations; Budgetary Authority.

12-482 • COURVAL et al v. USA

Filed 10/10/2018
REPORTED OPINION The parties' motion for approval of the Settlement Agreement is granted. The Clerk is directed to enter judgment contained within the opinion. Signed by Senior Judge Charles F. Lettow.

Keywords: Rails-to-trails takings case; class action; settlement; fairness hearing; RCFC 23(e). (cs) (Entered 10/10/2018)

16-995 • DUANE OMAR BURNETT, ET AL v. USA

Filed 10/09/2018
REPORTED MEMORANDUM OPINION AND ORDER denying Plaintiffs' Motion for Partial Summary Judgment and granting [40] Government's Cross-Motion for Summary Judgment. Joint Status Report due by 11/9/2018. Signed by Judge Lydia Kay Griggsby. (rdb) Service on parties made.

Keywords: Rails-to-Trails; Fifth Amendment Takings; National Trails System Act; Missouri Property Law; Fee Simple; Easement; Notice of Interim Trail Use (NITU); Summary Judgment; RCFC 56, re: Memorandum Opinion and Order.

17-826 • ILLINOIS CENTRAL RAILROAD COMPANY v. USA

Filed 10/04/2018
REPORTED OPINION: granting in part and denying in part Motion to Dismiss - Rule 12(b)(1). Signed by Judge Thomas C. Wheeler. (ez) Service on parties made.

Keywords: Motion to Dismiss for Lack of Subject Matter Jurisdiction; Statute of Limitations; Accrual of Cause of Action; Stabilization Doctrine; Fifth Amendment Taking; Breach of Contract re: Order on Motion to Dismiss - Rule 12(b)(1), Reported Opinion (ez)Keywords: re: [20] Motion to Dismiss for Lack of SubjectMatter Jurisdiction; Statute of Limitations; Accrual of Cause of Action; Stabilization Doctrine; Fifth Amendment Taking; Breach of Contract.

18-393 • PLAINTIFF NO. 1 et al v. USA

Filed 10/04/2018
REPORTED OPINION: granting Unopposed MOTION to Certify Class (Conditional Certification) and Notice filed by PLAINTIFF NO. 1, et al. Signed by Judge Elaine D. Kaplan (feb) Service on parties made.

Keywords: re: Conditional Certification of Collective Action; FLSA; Common Issues of Law and Fact

18-46 • COCKERHAM v. USA

Filed 10/04/2018
REPORTED OPINION AND ORDER granting Motion to Dismiss - Rule 12(b)(1). The Clerk is directed to enter judgment. Signed by Senior Judge Charles F. Lettow. (rp) Service on parties made. Plaintiff served via certified mail, article number 7017 2620 0000 7637 4402.

Keywords: re: Military retirement claim; 10 U.S.C § 3911(a); statute of limitations; 28 U.S.C. § 2501; tolling provision of 10 U.S.C. § 843(f); whistleblower claim; 10 U.S.C. § 1034, 5 U.S.C. § 2302(b).

18-927 • ELECTRA-MED CORPORATION et al v. USA

Filed 10/03/2018
REPORTED OPINION. Signed by Senior Judge Eric G. Bruggink. (jpk1) Service on parties made.

Keywords: re: Reported Opinion: Bid protest; Cardinal change; Contract modification; MSPV-NG; Sole source; Competition in Contracting Act; Rule of two; Kingdomware; SDVOSB; Injunctive Relief; Balance of the harms; Public interest.

16-845 • WALSH CONSTRUCTION COMPANY et al

Filed 10/03/2018
REPORTED OPINION. The Clerk is directed to enter judgment. Signed by Senior Judge Susan G. Braden. (Attachments: # (1) Memorandum Opinion And Order On Evidentiary Issues)(dg) Service on parties made.

Keywords: re: Reported Opinion; 28 U.S.C. § 1491 (Tucker Act Jurisdiction); 41 U.S.C. §§ 7101-7109 (Contracts Dispute Act); 48 C.F.R. §§ 52.2331 (Federal Acquisition Regulation, Disputes), 52.236-2 (Federal Acquisition Regulation, Differing Site Conditions); Good Faith And Fair Dealing

17-889 • IDEAL INNOVATIONS, INC., et al v. USA

Filed 10/02/2018
REDACTED AND REISSUED FINAL REPORTED ORDER AND OPINION. Signed by Senior Judge Edward J. Damich. (co) Service on parties made.

Keywords: re: Trade Secrets; Motion to Dismiss; Statute of Limitation; Tolling; Accrual Suspension; Stutz Motor Car of America, Inc. v. Reebok International, Ltd., Nos. 96-1062, 96-1083, 1997 U.S. App. LEXIS 11877 (Fed. Cir. May 16, 1997).

18-1474 • TIMBERLINE HELICOPTERS, INC. v. USA

Filed 10/02/2018
Denying Motion for TRO; Denying [4] Motion for Preliminary Injunction; REPORTED OPINION on [4] MOTION for Temporary Restraining Order and Preliminary Injunction filed by TIMBERLINE HELICOPTERS, INC. Signed by Judge Elaine D. Kaplan (feb). Service on parties made.

18-862 • FMS INVESTMENT CORP. v. USA

Filed 10/01/2018
REPORTED OPINION granting Motion for Clarification re [99] Order on Motion for Judgment on the Administrative Record. Signed by Judge Thomas C. Wheeler. (dh) Service on parties made.

Keywords: re: Motion for Clarification; Scope of Injunction

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

Filed 09/25/2018
REPORTED OPINION: Patent case; denying Motion for Judgment on the Pleadings - Rule 12(c); granting [205] Motion to Amend Pleadings - Rule 15(b); the 13 terms identified by the parties shall be construed as stated in the opinion. Signed by Senior Judge Charles F. Lettow.

Keywords: Claims of patent infringement; 28 U.S.C. § 1498(a); patentability; 35 U.S.C. § 101; second step of the Alice test; application of Aatrix; leave to amend complaint; RCFC 15(a)(2); claim construction.

93-655 • ANAHEIM GARDENS, et al v. USA

Filed 09/25/2018
REPORTED OPINION granting Motion for Summary Judgment; denying [430] Motion in Limine; denying [452] Motion in Limine. The clerks office is directed to CORRECT the docket in Case No. 93-6582 to change the name of the plaintiff from Silverlake Village, L.P. to 3740 Silverlake Village, L.P., as explained in footnote 4 of this opinion. For docket clarity, a copy of this opinion shall be filed in each of the six member cases. The clerks office is directed to ENTER final judgment for defendant and DISMISS all of the claims in each of the following member cases, with prejudice: Buckman Gardens L.P., et al. v. United States, Case No. 97-5837; Chauncy House Company v. United States, Case No. 97-5845; Cedar Gardens Associates v. United States, Case No. 93-6568; Rock Creek Terrace L.P. v. United States, Case No. 93-6578; 620 Su Casa Por Cortez v. United States, Case No. 93-6580; and 3740 Silverlake Village, L.P. v. United States, Case No. 93-6582. The pretrial conference scheduled for September 27, 2018, is CANCELLED. The trial scheduled for October 15-26, 2018, is CANCELLED. The parties shall CONFER and FILE a Joint Status Report on or before 10/22/2018 proposing further proceedings in this matter. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made.

Keywords: re: Reported Opinion on Motion for Summary Judgment. Regulatory Takings Claims; Motion for Summary Judgment, RCFC 56; Right to Pre-Pay Mortgages on Subsidized Low-Income Housing Developments; No Reasonable Investment-Backed Expectation in a Property Right Destroyed Prior to Purchase of Property; Insufficient Evidence of Economic Impact to Support a Permanent Regulatory Taking. (TQ)

18-454 • BENNETT v. USA

Filed 09/21/2018
[Redocketed for Posting to Website] MEMORANDUM OPINION AND FINAL ORDER granting 11 Motion to Dismiss - Rule 12(b)(1) and (6). The Clerk is directed to enter judgment. Signed by Senior Judge Susan G. Braden. Signed by Senior Judge Susan G. Braden. (ar) Service on parties made.

18-785 • CRITERION SYSTEMS, INC. v. USA

Filed 09/19/2018
REPORTED OPINION reissuing for publication Opinion and Order denying [18] Motion for Judgment on the Administrative Record and granting [19] Motion for Judgment on the Administrative Record. Signed by Chief Judge Margaret M. Sweeney.

Keywords: re: Reported Opinion -- Postaward Bid Protest; RCFC 52.1; Cross-Motions for Judgment on the Administrative Record; Clarification; Informality; Irregularity

11-201 • ROSS-HIME DESIGNS, INC. v. USA

Filed 09/19/2018
REPORTED OPINION. Signed by Senior Judge Mary Ellen Coster Williams. (TF3) Service on parties made.

Keywords: re: Patent Infringement; Motion to Dismiss; Statute of Limitations; Claim Accrual; Accrual Suspension; Tolling; 35 U.S.C. § 286. (TF3)

18-682 • RX JOINT VENTURE, LLC v. USA

Filed 09/19/2018
REPORTED OPINION reissuing for publication Opinion and Order denying [44] Motion for Judgment on the Administrative Record; denying [49] Motion for Judgment on the Administrative Record; granting [50] Motion for Judgment on the Administrative Record; granting [53] Motion for Judgment on the Record. Signed by Chief Judge Margaret M. Sweeney.

Keywords: re: Reported Opinion -- Postaward Bid Protest; RCFC 52.1; Cross-Motions for Judgment on the Administrative Record; Clarification; Presumption of Regularity; Safeguarding Procedures; Government Control; Discussions

18-528 • RCF INFORMATION SYSTEMS, INC. v. USA

Filed 09/19/2018
REPORTED OPINION reissuing Opinion and Order. Signed by Senior Judge Loren A. Smith. (mr) Service on parties made.

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