USCFC General Jurisdiction-Reported

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19-710 • AEG INVESTMENTS, LP et al v. USA

Filed 03/27/2020
REPORTED ORDER staying consideration of Motion to Enter. Joint Status Report due by 4/17/2020. Signed by Judge Thomas C. Wheeler. (nc) Service on parties made.

Keywords re: Order on Motion for Miscellaneous Relief, Reported Order: Election of Counsel; Discharge of Counsel; ABA Model Rule 1.16; Legal Ethics.

19-2014 • PARADIGM ENGINEERS AND CONSTRUCTORS, PLLC v. USA

Filed 03/25/2020
PUBLIC REPORTED OPINION re MOTION for Judgment on the Administrative Record filed by PARADIGM ENGINEERS AND CONSTRUCTORS, PLLC, and [26] Cross Motion for Judgment on the Administrative Record filed by THE UNITED STATES. Signed by Judge Richard A. Hertling. (abg) Service on parties made.

Keywords: re: Motion for Judgment on the Administrative Record; RCFC 52.1; NAICS Code Protest; Small Business Administration Office of Hearings and Appeals.

16-1276 • CITY OF FRESNO et al v. USA

Filed 03/25/2020
REPORTED OPINION GRANTING-IN-PART and DENYING-IN-PART: Motion to Dismiss pursuant to Rules 12 (b)(1) and (6) filed by SANTA CLARA VALLEY WATER DISTRICT, JAMES IRRIGATION DISTRICT, BYRON BETHANY IRRIGATION DISTRICT, GRASSLAND WATER DISTRICT, SAN LUIS & DELTA-MENDOTA WATER AUTHORITY, SAN LUIS WATER DISTRICT, WESTLANDS WATER DISTRICT, DEL PUERTO WATER DISTRICT; [137] Motion to Dismiss pursuant to Rules 12 (b)(1) and (6) filed by SAN JOAQUIN RIVER EXCHANGE CONTRACTORS WATER AUTHORITY; and [136] Motion to Dismiss pursuant to Rules 12(b)(1) and (6) filed by USA. Status Report due by 4/24/2020. Signed by Judge Elaine D. Kaplan. (feb) Service on parties made.

Keywords re Opinion and Order GRANTING-IN-PART and DENYING-IN-PART motions to dismiss: Takings Clause; Fifth Amendment; Breach of Contract; Water Rights; Bureau of Reclamation; Motion to Dismiss; Subject-Matter Jurisdiction; Failure to State a Claim.

19-1346 • PENROSE PARK ASSOCIATES, L.P. v. USA

Filed 03/23/2020
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1). The Clerk's office is directed to enter final judgment DISMISSING plaintiff's complaint, for lack of subject-matter jurisdiction, without prejudice. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1), Reported Opinion. Motion to Dismiss; Lack of Subject-Matter Jurisdiction; RCFC 12(b)(1). (TQ)

19-1961 • KIEWIT INFRASTRUCTURE WEST CO. v. USA

Filed 03/23/2020
PUBLIC REPORTED OPINION re: the plaintiff's MOTION for Judgment on the Administrative Record and [24] the defendant's MOTION for Judgment on the Administrative Record.. Signed by Judge Richard A. Hertling. (ah) Service on parties made.

Keywords: re: Reported Opinion, Pre-Award Bid Protest; Invitation for Bids; Cancellation; Compelling Reason; Arbitrary and Capricious

17-436 • LEMON BAY COVE, LLC v. USA

Filed 03/20/2020
REPORTED OPINION denying Motion for Partial Summary Judgment; denying [46] Motion for Summary Judgment. Signed by Senior Judge Mary Ellen Coster Williams. (ag) Service on parties made.

Keywords: re: Fifth Amendment Taking; Cross-motions for Summary Judgment; Regulatory Taking; Categorical Taking.

18-972 • BP EXPLORATION & PRODUCTION INC. v. USA

Filed 03/18/2020
**RE-DOCKETED FOR PUBLICATION** REPORTED OPINION AND ORDER granting plaintiff's Motion for Judgment on the Administrative Record; denying defendant's [42] Cross-Motion for Judgment on the Administrative Record. Plaintiff is awarded judgment for $1,536,785 as well as associated interest on all unpaid refunds. The clerk shall enter judgment in accord with this disposition. Signed by Senior Judge Charles F. Lettow. (tb) Service on parties made.

Keywords: Reported Opinion and Order Suit to recover leasehold royaltyoverpayments and interest; Federal Oil and Gas Royalty Management Act, 30U.S.C. §§ 1701-59, as amended by the Federal Oil and Gas RoyaltySimplification and Fairness Act and the Fixing Americas SurfaceTransportation Act of 2015; statutory interpretation; Federal Savings Statute, 1U.S.C. § 109 Jonathan

15-417 • ANDREWS et al v. USA

Filed 03/18/2020
REPORTED OPINION granting Motion for Partial Summary Judgment; denying [64] Motion for Partial Summary Judgment The Clerk is directed to enter judgment for defendant. Signed by Senior Judge Eric G. Bruggink. (jpk1) Service on parties made.

Keywords: re: Order on Motion for Partial Summary Judgment,, Reported Opinion: Fifth Amendment Taking; Rails-to-Trails; Motion for Partial Summary Judgment; RCFC 56; Trails Act; Florida Law; Right-of-Way

18-1438 • MOFFITT et al v. USA

Filed 03/17/2020
REPORTED OPINION Granting Motion for Partial Summary Judgment; Granting in part and Denying in part [33] Motion for Partial Summary Judgment The Clerk is directed to enter partial judgment. (Status Report due by 3/31/2020). Signed by Judge David A. Tapp. (jm) Service on parties made.

Keywords: re: Order on Motion for Partial Summary Judgment, Reported Opinion, rails-to-trails, easements, Fifth Amendment, takings, railroad, right-of-way, merger doctrine, summary judgment, railbanking, RCFC 56(a)

19-1610 • BHB LTD. PARTNERSHIP et al v. USA

Filed 03/16/2020
REPORTED OPINION of the court's **SEALED**OPINION AND ORDER, ECF No. [49], issued on February 13, 2020, denying MOTION to Supplement The Administrative Record filed by BHB LTD. PARTNERSHIP, INDIANA ASSOCIATES LTD. PARTNERSHIP OF WASHINGTON, D.C. On or before 2/27/2020, the parties are directed to CONFER and FILE a notice of filing attaching a proposed redacted version of this opinion, with any competition-sensitive or otherwise protectable information blacked out. The parties are directed to CONFER and FILE a joint status report, on or before 3/5/2020, proposing a schedule resuming briefing on the parties motions for judgment on the AR. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made.

Keywords: re: Reported Opinion. Pre-Award Bid Protest; Motion to Supplement the Administrative Record; Motion to Complete the Administrative Record.(TQ)

11-268 • SECURITYPOINT HOLDINGS, INC. v. USA

Filed 03/16/2020
REPORTED ORDER granting in part and denying in part Motion for Partial Summary Judgment; denying [434] Motion in Limine; granting [444] Cross Motion; filed by USA (Status Report due by 4/6/2020). Signed by Senior Judge Eric G. Bruggink. (jpk1) Service on parties made.

Keywords: re: Order on Motion for Partial Summary Judgment,, Order on Motion in Limine,, Order on Cross Motion,, Reported Order: Motion for partial summary judgment; RCFC 56(b); RCFC 1; Implied license by conduct and statements; Economic duress; 28 U.S.C. § 1927; Unnecessarily duplicating proceedings.

19-1608 • DEFENSE BASE SERVICES, INC. v. USA

Filed 03/13/2020
REPORTED OPINION Granting Defendant's MJAR and Denying Plaintiff's MJAR. Originally filed under seal 3/9/20 [45]. Signed by Senior Judge Nancy B. Firestone. (gd) Service on parties made.

Keywords: re: Reported Opinion; Post-Award Bid Protest; Past Performance Evaluation; Price Reasonableness; Best Value Tradeoff Analysis

18-186 • FIELDS v. USA

Filed 03/11/2020
REPORTED OPINION granting Motion for Summary Judgment. The Clerk is directed to enter judgment. Signed by Senior Judge Edward J. Damich. (er) Service on parties made.

Keywords: re: Order on Motion for Summary Judgment, Reported Opinion. settlement agreement, summary judgment, damages, Bluebonnet Savings FSB v. United States, 67 Fed. Cl. 231 (2005), emotional distress.

19-1580 • FLUOR INTERCONTINENTAL, INC. v. USA

Filed 03/11/2020
REPORTED OPINION reissuing SEALED OPINION and ORDER. Signed by Senior Judge Loren A. Smith. (kn) Service on parties made.

Keywords: Post-Award Bid Protest; Judgment on the Administrative Record; RCFC 52.1; Motion to Dismiss; RCFC 12(b)(1); RCFC 12(b)(6); Tucker Act; Jurisdiction; Multiple Award Task Order Contract; Indefinite-Delivery Indefinite-Quantity Contract; Task Order Contract; 10 U.S.C. § 2304d(1); Task Order; Firm-Fixed Price; Cost Plus-Fixed-Fee; Federal Acquisition Streamlining Act; Administrative Procedure Act; Arbitrary and Capricious; Disparate Treatment; Technical/Management Approach; Labor Staffing Model; Past Performance; Price Reasonableness; FAR 15.404-1(b); Value Analysis; FAR 15.404-1(b)(4); Cost Realism; FAR 15.404-1(d); Prejudice. Re: Reported Opinion and Order.

19-1205 • PAE-PARSONS GLOBAL LOGISTICS SERVICES, LLC v. USA

Filed 03/11/2020
REPORTED OPINION reissuing SEALED OPINION and ORDER. Signed by Senior Judge Loren A. Smith. (sm) Service on parties made.

Keywords: Post-Award Bid Protest; Judgment on the Administrative Record; RCFC 52.1; Motion to Dismiss; RCFC 12(b)(1); Tucker Act; Jurisdiction; Multiple Award Task Order Contract; Indefinite Delivery Indefinite Quantity Contract; Task Order Contract; Task Order; Federal Acquisition Streamlining Act; Administrative Procedure Act; Technical/Management Approach; Labor Staffing Model; Disparate Treatment. Re: Reported Opinion and Order.

19-1176 • AECOM MANAGEMENT SERVICES, INC v. USA

Filed 03/11/2020
REPORTED OPINION reissuing SEALED OPINION and ORDER. Signed by Senior Judge Loren A. Smith. (kn) Service on parties made.

Keywords: Post-Award Bid Protest; Judgment on the Administrative Record; RCFC 52.1; Tucker Act; Multiple Award Task Order Contract; Indefinite-Delivery Indefinite Quantity Contract; Task Order Contract; Administrative Procedure Act; Arbitrary and Capricious; Technical/Management Approach; Labor Staffing Model. Re: Reported Opinion.

20-92 • EFW, INC. v. USA

Filed 03/11/2020
REPORTED ORDER granting in part and denying in part MOTION to Supplement [29] Administrative Record, MOTION to Stay MJAR Briefing filed by EFW, INC.. Signed by Judge Thomas C. Wheeler. (sb) Service on parties made.

13-465 • FAIRHOLME FUNDS, INC. et al v. USA

Filed 03/09/2020
REPORTED ORDER granting Motion to Certify Interlocutory Appeal and [457] Motion to Certify Interlocutory Appeal. Proceedings in this case are stayed pending the interlocutory appeal process. Joint status report regarding further proceedings due within 14 days of the completion of the interlocutory appeal process. Signed by Chief Judge Margaret M. Sweeney. (kb1)

Keywords: re: Order on Motion to Certify Interlocutory Appeal,,,, Reported Order, -- Certification of Interlocutory Appeal; 28 U.S.C. § 1292(d)(2)Keywords: re: [462] Reported Opinion -- Motion to Dismiss; RCFC 12(b)(1); RCFC 12(b)(6); Jurisdiction; Standing; Derivative Claim; Direct Claims; Instrumentalities; Coercion; Agent; Collateral Estoppel; Issue Preclusion; Conservators; Conflict of Interest; Third-Party Beneficiaries; Stock; Shareholders; Fannie; Freddie; FHFA; Certification of Interlocutory Appeal

13-465 • FAIRHOLME FUNDS, INC. et al v. USA

Filed 03/09/2020
REPORTED OPINION reissuing REPORTED OPINION and ORDER following order granting [456] MOTION to Certify Interlocutory Appeal and [457] MOTION to Certify Interlocutory Appeal. Signed by Chief Judge Margaret M. Sweeney. (kb1)

Keywords: re: Order on Motion to Certify Interlocutory Appeal,,,, Reported Order, -- Certification of Interlocutory Appeal; 28 U.S.C. § 1292(d)(2)Keywords: re: [462] Reported Opinion -- Motion to Dismiss; RCFC 12(b)(1); RCFC 12(b)(6); Jurisdiction; Standing; Derivative Claim; Direct Claims; Instrumentalities; Coercion; Agent; Collateral Estoppel; Issue Preclusion; Conservators; Conflict of Interest; Third-Party Beneficiaries; Stock; Shareholders; Fannie; Freddie; FHFA; Certification of Interlocutory Appeal

19-1378 • POPLAR POINT RBBR, LLC v. USA

Filed 03/09/2020
REPORTED OPINION (Public) (Opinion Originally Filed Under Seal March 2, 2020). Signed by Senior Judge Nancy B. Firestone. (lb) Service on parties made.

Keywords re Reported Opinion: Bid Protest; Motion to Supplement the Administrative Record; Cross Motions for Judgment on the Administrative Record; Disparate Treatment; Unstated Evaluation Criteria; Meaningful Discussions.

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