USCFC General Jurisdiction-Reported

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18-585 • DIAS, JR. v. USA

Filed 04/21/2020
REPORTED OPINION granting Motion for Summary Judgment and denying [43] Motion for Summary Judgment. Count II of the complaint shall be dismissed. The Clerk is directed to enter judgment accordingly. Additionally, the Clerk is directed to strike the filings at ECF Nos. 51 and 54 from the docket. Signed by Senior Judge Charles F. Lettow.

Keywords re Reported Opinion: Claim of breach of contract; cancellation of bid to buy residential property owned by HUD; failure to satisfy a condition precedent to contract formation.

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

Filed 04/21/2020
REPORTED ORDER reissuing ORDER denying [48] Motion to Stay. Signed by Senior Judge Loren A. Smith. (kn) Service on parties made.

Keywords: RCFC 62(d); Motion for Injunction Pending Appeal; Bid Protest; Waiver; Diligent Pursuit; Agency Discretion; Likelihood of Success; Irreparable Harm; National Security; Public Interest. Re: Reported Order.

20-299 • NIKA TECHNOLOGIES, INC. v. USA

Filed 04/21/2020
REPORTED OPINION: Reflecting redactions from the opinion and order previously entered on April 16, 2020. Signed by Senior Judge Charles F. Lettow.

Keywords re Reported Opinion: Protest of refusal to implement an automatic stay of performance after a protest filed with GAO; 31 U.S.C. § 3553; timeliness of the protest to GAO; statutory interpretation; debriefing date; 10 U.S.C. § 2305(b)(5)(B)(vii), 31 U.S.C. § 3553(d)(4)(A)(ii).

17-843 • ACME WORLDWIDE ENTERPRISES, INC. v. USA

Filed 04/21/2020
REPORTED OPINION. Signed by Senior Judge Edward J. Damich. (er) Service on parties made.

Keywords: Motion to Reconsider, Claim Construction re: Reported Opinion

18-1116 • FULLER v. USA

Filed 04/20/2020
REPORTED OPINION finding as moot Motion for Judgment on the Administrative Record; Granting [19] Motion for Summary Judgment; finding as moot [23] Cross Motion The Clerk is directed to enter judgment. Signed by Judge David A. Tapp. (jm) Service on parties made.

Keywords: re: Order on Motion for Judgment on the Admin. Record,, Order on Motion for Summary Judgment,, Order on Cross Motion [Dispositive], Military discharge; summary judgment; RCFC 56; legal hold; mandatory retirement; drop from rolls; military control; Secretary of the Navy; res judicata; claim preclusion (jm) Modified on 4/20/2020 (tb). Removed Reported Opinion.

19-199 • DOYON UTILITIES, LLC v. USA

Filed 04/20/2020
REPORTED ORDER granting Motion to Dismiss - Rule 12(b)(1) and (6); on [14] MOTION to Dismiss pursuant to Rules 12 (b)(1) and (6) filed by USA. Signed by Judge David A. Tapp. (emc) Service on parties made.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1) and (6). 12(b)(1); Changes Clause; 12(b)(6); No-Interest Rule; Sovereign Immunity (emc) Modified on 4/21/2020 (tb). Removed Reported Order.

20-309 • CASHMAN DREDGING AND MARINE CONTRACTING CO., LLC v. USA

Filed 04/20/2020
REPORTED OPINION, redacted version of sealed opinion issued April 9, 2020 [29]. Signed by Chief Judge Margaret M. Sweeney. (jb2) Service on parties made.

Keywords: re: Reported Opinion: Postaward Bid Protest; Motion for a Temporary Restraining Order and Preliminary Injunction; Protest of the Issuance by the Small Business Administration of a Certificate of Competency to the Awardee.

17-879 • BIG EASY STUDIOS, LLC v. USA

Filed 04/17/2020
**RE-DOCKETED TO CORRECT FILING ERROR** REPORTED OPINION granting in part and denying in part [70] Motion for Clarification filed by USA. Joint Status Report due by 4/30/2020. Signed by Judge Ryan T. Holte. (tb) Service on parties made.

19-1689 • WHITEFORD et al v. USA

Filed 04/10/2020
REPORTED OPINION granting Motion for Leave to Proceed in forma pauperis; granting [5] Motion for Leave to Proceed in forma pauperis; granting [7] Motion to Dismiss - Rule 12(b)(1) and (6) The Clerk is directed to enter judgment. Signed by Judge Ryan T. Holte. (es) Service on parties made; plaintiffs served via U.S. mail.

Keywords: re: Pro se; RCFC 12(b)(1); RCFC 12(b)(6);Subject-Matter Jurisdiction; Tax Refund Claim; In Forma Pauperis.

17-668 • ANDERSON et al v. USA

Filed 04/10/2020
REPORTED OPINION denying Motion for Summary Judgment and granting in part and denying in part [30] Motion for Summary Judgment. Joint Status Report due by 5/11/2020. Signed by Chief Judge Margaret M. Sweeney. (kb1)

Keywords: re: Reported Opinion on Motion for Summary Judgment -- RCFC 56; Cross-Motions for Summary Judgment on Liability; Fifth Amendment Taking Claim; Rails-to-Trails; Texas Law; Deed Interpretation; Fee Simple Versus Easement; Defeasible Fee; Unavailability or Lack of Conveyance Instrument; Intervening Parcels; Intervening Road

19-1874 • AMERICAN RELOCATION CONNECTIONS, LLC v. USA

Filed 04/10/2020
REPORTED ORDER granting MOTION to Redact [40] Order on Motion to Withdraw, Order on Motion for Judgment on the Admin. Record, Order on Motion to Supplement the Administrative Record, Sealed Opinion/Order, filed by AMERICAN RELOCATION CONNECTIONS, LLC. Signed by Judge Ryan T. Holte. (jln) Service on parties made. Modified on 4/13/2020 - corrected typographical error (jt1).

Keywords: Post-award bid protest; best-value trade off; FAR Subpart 8.4; RCFC 52.1; judgment on the administrative record; equally-weighted subfactors.

19-1167 • REDD v. USA

Filed 04/08/2020
REPORTED OPINION granting Motion for Leave to Proceed in forma pauperis; granting [10] Motion to Dismiss. The Clerk is directed to enter judgment. Signed by Judge Eleni M. Roumel. (klb) Service on parties made; plaintiff served via U.S. mail.

19-505 • NYCAL OFFSHORE DEVELOPMENT CORPORATION v. USA

Filed 04/07/2020
REPORTED ORDER denying-in-part Motion to Dismiss - Rule 12(b)(1) and (6); ( Status Report due by 5/1/2020). Signed by Judge Ryan T. Holte. (es) Service on parties made.

Keywords: re: Motion to Dismiss; RCFC 12(b)(1); RCFC 12(b)(6); 28 U.S.C. § 1500; Jurisdiction; Motion to Intervene; Statutory Interpretation Order on Motion to Dismiss - Rule 12(b)(1) and (6), Reported Order

15-767 • ACLR, LLC v. USA

Filed 04/06/2020
REPORTED OPINION of the court's March 23, 2020 **SEALED**OPINION denying [51] plaintiff's MOTION for Partial Summary Judgment filed by ACLR, LLCgranting [52] defendant's CROSS MOTION filed by USA; and DISMISSING plaintiff's claim for damages (in Case No. 16-309C) above that which it presented to the contracting officer. No redactions of the sealed opinion were proposed by the parties. Thus, the sealed and public versions of this opinion are identical, except for the publication date and first footnote. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made. Modified on 4/8/2020 - corrected minor typographical error (jt1).

Keywords: re: Reported Opinion. Summary Judgment; RCFC 56; Termination for Convenience; Constructive Termination for Convenience; Breach of Contract. (TQ)

19-1749 • DOE NO. 1 et al v. USA

Filed 04/06/2020
REPORTED OPINION granting Unopposed Motion to Certify - Conditional Certification and Notice. Signed by Judge Elaine D. Kaplan. (feb) Service on parties made.

Keywords re Opinion and Order Granting Motion for Conditional Certification and Notice: Conditional Certification; Proposed Notice; Class Action; FLSA; Overtime Pay; Federal Bureau of Investigation; English Monitor Analyst

19-1737 • COMPUTER WORLD SERVICES CORP. v. USA

Filed 04/06/2020
REPORTED MEMORANDUM OPINION and ORDER denying CWS's motion for judgment upon the administrative record; denying the government's motion to dismiss; granting the government's and Alethix's respective cross-motions for judgment upon the administrative record; denying CWS's motions for preliminary injunction and for TRO; and dismissing the complaint. Signed by Judge Lydia Kay Griggsby. (jp) Service on parties made.

Keywords: Post-Award Bid Protest; Judgment Upon The Administrative Record; RCFC 52.1; Injunctive Relief; RCFC 65; Motion to Dismiss; RCFC 12(b)(1); Waiver, re: Reported Memorandum Opinion and Order.

19-47 • CARPENTER et al v. USA

Filed 04/03/2020
REPORTED OPINION (Joint Status Report due by 4/24/2020) Granting Motion for Partial Summary Judgment; Granting in part and Denying in part [24] Motion for Partial Summary Judgment; Finding as Moot[28] Motion for Oral Argument. The Clerk is directed to enter judgment. Signed by Judge David A. Tapp. (jm) Service on parties made. (Main Document 29 replaced on 4/6/2020 to add Rule 54(b) language and correct the letter on the case number.)

Keywords: re: Reported Opinion, rails-to-trails, easements, Fifth Amendment, Vermont, takings, railroad, right-of-way, merger doctrine, partial summary judgment, railbanking, RCFC 56(a)

17-1174 • TAHA et al v. USA

Filed 04/01/2020
REPORTED OPINION AND ORDER Plaintiffs are unable to meet their burden to show that this court has jurisdiction over their 2003 tax refund claim. Consequently, plaintiffs' claim shall be dismissed for lack of subject-matter jurisdiction. The Clerk is directed to enter judgment. Signed by Senior Judge Charles F. Lettow. (tb) Service on parties made. Modified on 4/1/2020 - Corrected PDF.

Keywords: re: Reported Opinion, Claim tor tax refund; tax paid on shareholder's portion of Subchapter S corporation's income that was reported but never received by the shareholder; physical-delivery rule for refund claims; exceptions to that rule, 26 U.S.C. § 7502, not satisfied; seven-year period of limitation for business bad debt claims; 26 U.S.C. § 651l(d)(l)

16-1264 • NICELY v. USA

Filed 03/27/2020
REPORTED OPINION finding as moot Motion for Judgment on the Administrative Record; denying [58] Motion for Judgment on the Administrative Record; granting [61] Partial Motion to Dismiss and Cross-Motion for Judgment on the Administrative Record. The Clerk is directed to enter judgment. Signed by Judge David A. Tapp. (co) Service on parties made.

Keywords re: Order on Motion for Judgment on the Admin. Record, Reported Opinion: Military Pay Act, 37 U.S.C. § 204(a); Motion to Dismiss; Military Whistleblower Protection Act, 10 U.S.C. § 1034; Service Member Correction Boards; 10 U.S.C. § 1552(a)(1); Civilian; Ineffective Assistance of Counsel.

17-67 • UNITED AFFILIATES CORPORATION et al v. USA

Filed 03/27/2020
REPORTED ORDER denying Motion for Protective Order To Preclude Plaintiffs' Discovery Into Irrelevant, Sensitive, and Categorically Privileged Material filed by USA; granting in part [56] Motion to Compel Production of Documents and Amended Responses to Discovery Requests filed by UNITED AFFILIATES CORPORATION, MINGO LOGAN COAL LLC. (Government's Privilege Log due by 4/27/2020). Signed by Judge Thomas C. Wheeler. (sb) Service on parties made.

Keywords: re: Order on Motion for Protective Order, Order on Motion to Compel, Reported Order, Motion to Compel, Fifth Amendment Takings Claim, Protective Order, Discovery Dispute, Relevance, Privilege, High-Ranking Government Officials, Constitutional Challenge, Administrative Record, Administrative Procedure Act.

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