USCFC General Jurisdiction-Reported

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15-371 • WAVERLEY VIEW INVESTORS, LLC v. USA

Filed 09/20/2019
REPORTED OPINION on MOTION for Leave to File Exhibit to Motion for Recovery of Attorneys' Fees Under Seal filed by WAVERLEY VIEW INVESTORS, LLC granting [124] Motion for Leave to File. Signed by Senior Judge Charles F. Lettow.

Keywords: re: Order on Motion for Leave to File, Reported Opinion: Dispute over disclosure of compilation of billing rates; entitlement to confidentiality and protection under RCFC 26(c)(1)(G).

19-55 • ANHAM FZCO et al v. USA

Filed 09/20/2019
REPORTED OPINION of the court's sealed opinion issued on 8/29/2019 denying as moot, [148] Motion for TRO filed by ANHAM FZCO; denying as moot, [149] MOTION for Preliminary Injunction filed by ANHAM FZCO; granting in part and denying in part, [153] MOTION for Judgment on the AR filed by ANHAM FZCO; granting in part and denying in part, [155] CROSS MOTION filed by USA; granting in part and denying in part, [156] CROSS MOTION; denied as moot, [163] MOTION to Strike filed by USA; and, denying as moot, [164] MOTION to Supplement filed by USA. The United States, by and through the Defense Logistics Agency, its officers, agents, and employees, is hereby PERMANENTLY RESTRAINED AND ENJOINED from continuing with transition activities and from obtaining performance from KGL Food Services, WLL, under Contract Number SPE300-18-D-4032, except to the extent that such activities are required under a bridge contract or other solution designed to ensure the continuous availability of the supplies or services provided for under the contract. On or before 9/18/2019, counsel for the parties shall CONFER and FILE a notice of filing, attaching a proposed redacted version of this opinion, with any material deemed proprietary blacked out, so that a copy of the opinion can then be made available in the public record of this matter. The clerk's office is directed to enter final judgment in plaintiff's favor. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made.

Keywords: re: Reported Opinion; Post-Award Bid Protest; Scope of Corrective Action; Waiver of Claims; Abuse of Discretion; Best Value Determination; Responsibility Determination; 48 C.F.R. § 9.103 (2018); 48 C.F.R. § 9.104-1 (2018); Permanent Injunctive Relief. (TQ)

19-766 • BERNSTEIN v. USA

Filed 09/20/2019
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1) The Clerk is directed to enter judgment. Signed by Chief Judge Margaret M. Sweeney. (vds) Service on parties made. U.S. Certified Mail Receipt Tracking# 7018 1830 0001 4963 6564

Keywords: Pro Se Plaintiff; RCFC l 2(b )( 1 );Subject-Matter Jurisdiction;Judicial Review; Collateral Attack of District Court Decisions; DeclaratoryJudgment; Statute of Limitations; Attorney Disbarment

19-376 • NUSSBAUM v. USA

Filed 09/20/2019
REPORTED OPINION Granting in part and Denying in part Motion to Dismiss - Rule 12(b)(1). Mr. Nussbaum's complaint is dismissed, but for failure to state a claim upon which relief can be granted and not for a lack of subject-matter jurisdiction. The Clerk is directed to enter judgment. Signed by Senior Judge Charles F. Lettow. (vds) Service on parties made.

Keywords: Contract dispute subject to the Contract Disputes Act, 41 U.S.C. §§ 7101-7109; timeliness; equitable tolling.

19-928 • JOHNSON v. USA

Filed 09/13/2019
REPORTED Order granting Motion to Dismiss - Rule 12(b)(1), finding as moot [5] Motion for Leave to Proceed in forma pauperis. The Clerk is directed to enter judgment. Signed by Senior Judge Marian Blank Horn. (rp) Service on parties made. Plaintiff served via certified mail, article number 7018 0040 0001 1393 2416.

Keywords: Pro Se Plaintiff; Subject Matter Jurisdiction; Motion to Dismiss; Tort Claims; Criminal Claims.

18-1998 • LOVETT v. USA

Filed 09/12/2019
REPORTED OPINION Granting Motion to Dismiss - Rule 12(b)(1). Both complaints are DISMISSED without prejudice. The Clerk is directed to enter judgment. Signed by Judge Elaine D. Kaplan. (vds) Service on parties made. Certified Mail Receipt Tracking# 7018 1830 0001 4963 6793

Keywords: I.R.C. § 6212; I.R.C. § 6213; I.R.C. § 6320; I.R.C. § 6330; I.R.C.§ 6511; I.R.C. § 7422; RCFC 12(b)(l); Tucker Act; Subject-Matter Jurisdiction.

19-796 • UTLEY v. USA

Filed 09/12/2019
REPORTED ORDER granting Motion to Dismiss - Rule 12(b)(1), finding as moot [2] Motion for Leave to Proceed in forma pauperis. The Clerk is directed to enter judgment. Signed by Senior Judge Marian Blank Horn. (rp) Service on parties made. Plaintiff served via certified mail, article number 7018 0040 0001 1393 2409.

Keywords: Pro Se Plaintiff; Subject-Matter Jurisdiction; Motion to Dismiss; Torts.

19-1328 • WINSTON-SALEM INDUSTRIES FOR THE BLIND, INC. v. USA

Filed 09/09/2019
REPORTED ORDER granting Motion to Intervene. Signed by Senior Judge Eric G. Bruggink. (rr) Service on parties made.

Keywords: re: Bid protest; Motion to Intervene; CICA Stay Override; Intervene as Matter of Right RCFC 24(a)(2)

19-613 • PEKRUL v. USA

Filed 09/04/2019
REPORTED Order granting Motion to Dismiss - Rule 12(b)(1). The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler. (rp) Service on parties made. Plaintiff served via certified mail, article number 7018 1830 0001 4963 6861.

Keywords: Pro Se Plaintiff; Federal Tax; Tax Liens; Tax Court; Jurisdiction.

17-2052 • WEST v. USA

Filed 09/04/2019
REPORTED MEMORANDUM OPINION AND ORDER granting Motion for Summary Judgment; granting Motion for Judgment upon the Administrative Record; denying Cross-Motion for Judgment upon the Administrative Record; denying Motion for Relief from the Protective Order; and dismissing the complaint. Signed by Judge Lydia Kay Griggsby. (jw) Service on parties made.

Keywords: Military Pay; Motion For Summary Judgment; RCFC 56; Motion For Judgment Upon The Administrative Record; RCFC 52.1; Motion For Relief From Protective Order; Collateral Estoppel, re: Reported Memorandum Opinion and Order.

19-693 • KINGFISHER SYSTEMS, INC. v. USA

Filed 09/03/2019
REPORTED OPINION. Redacted version of Opinion and Order. Signed by Chief Judge Margaret M. Sweeney. (pp) Service on parties made.

Keywords: Preaward Bid Protest; Small Business Administration Size Determination; Cross-Motions for Judgment on the Administrative Record.

19-974 • CHROMALLOY SAN DIEGO CORPORATION v. USA

Filed 09/03/2019
REPORTED OPINION reissuing **SEALED**OPINION for publication. Signed by Chief Judge Margaret M. Sweeney. (kb1)

Keywords: re: Reported Opinion -- Bid Protest; Challenge to Solicitation Requirements; Motion to Supplement the Administrative Record; Technical Data Rights

18-1894 • ORR et al v. USA

Filed 08/30/2019
OPINION denying Motion to Dismiss - Rule 12(b)(6). Signed by Senior Judge Marian Blank Horn. (jm5) Service on parties made.

Takings; Motion to Dismiss; Failure to State a Claim; Lack of Jurisdiction; Tort; Doctrine of Necessity Keywords: re: Order on Motion to Dismiss - Rule 12(b)(6), Reported Opinion

13-165 • KENNEDY v. USA

Filed 08/30/2019
REPORTED OPINION granting Motion for Judgment on the Administrative Record and denying [129] Cross-Motion for Judgment on the Administrative Record. The Clerk is directed to enter judgment. Signed by Chief Judge Margaret M. Sweeney. (pp) Service on parties made.

Keywords: Military Pay; NROTC Scholarship Benefits; Quantum; Cross-Motions for Judgment on the Administrative Record.

18-1141 • JACKSON-GREENLY FARM, INC. et al v. USA

Filed 08/30/2019
REPORTED OPINION AND ORDER granting Motion to Dismiss - Rule 12(b)(1) and (6). The Clerk is directed to enter judgment. Signed by Judge Elaine D. Kaplan. (kb) Service on parties made.

Keywords re [33]: Motion to Dismiss; RCFC 12(b)(1); Statute of Limitations; 28 U.S.C. § 2501; Stabilization Doctrine; Takings Clause; Flooding.

18-1032 • KUDSK CONSTRUCTION, INC., v. USA

Filed 08/30/2019
REPORTED OPINION denying MOTION to partially Dismiss pursuant to Rule 12(b)(6), Count I in part and Count IV filed by USA. The parties are directed to FILE a Joint Status Report on or before 9/20/2019 proposing the next steps in this litigation. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(6),, Reported Opinion. Contract; RCFC 12(b)(6); Plausible Claim for Damages Due to Delayed Notice to Proceed; Reporting Requirements Not Necessarily Incorporated into Contract by Christian Doctrine. (TQ)

19-52 • WOLFFING v. USA

Filed 08/30/2019
REPORTED OPINION AND ORDER granting Motion to Dismiss - Rule 12(b)(1) and (6). The Clerk is directed to enter judgment. Signed by Chief Judge Margaret M. Sweeney. (rp) Service on parties made. Plaintiff served via certified mail, article number 7018 0040 0001 1393 2386.

Keywords: Pro Se Plaintiff; RCFC 12(b)(1); RCFC 12(b)(6); Tax Refund Suits; Claims Against Individuals; Fraud; Due Process; Illegal Collection; Tax Court Jurisdiction; Flora Full Payment Rule; I.R.C. §§ 6020(b), 6511(b)(2)(A), 6402(a), 6513(b)(1), 6532(a), 7422(a).

19-349 • BRAUN v. USA

Filed 08/30/2019
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1). The Clerk is directed to enter judgment. Signed by Senior Judge Marian Blank Horn. (dls) Service on parties made. (Plaintiff served via certified mail; Article No. 7018 0040 0001 1393 0528)

Keywords: re: Pro Se Plaintiff; Motion to Dismiss; Subject Matter Jurisdiction; Privacy Act; 28 U.S.C. § 1494; Administrative Procedures Act.

19-244 • E&I GLOBAL ENERGY SERVICES, INC. et al v. USA

Filed 08/29/2019
REPORTED OPINION granting in part and denying in part Motion to Dismiss - Rule 12(b)(1) and (6). Signed by Senior Judge Eric G. Bruggink. (rr) Service on parties made.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1) and (6), Reported Opinion Contracts; partial motion to dismiss for lack of subject matter jurisdiction; failure to state a claim; RCFC 12(b)(1); RCFC 12(b)(6)

18-523 • WOLFING et al v. USA

Filed 08/29/2019
REPORTED OPINION denying Motion to Dismiss - Rule 12(b)(1), granting in the alternative Motion to Remand; denying [30] Motion to Strike. (Defendant's Status Report due by 11/27/2019). Signed by Senior Judge Mary Ellen Coster Williams. (ag) Service on parties made.

Keywords: re: Reported Opinion on Motion to Dismiss-- Army Housing Entitlements; Reserve Component; 37 U.S.C. § 403; Joint Travel Regulations 10002.A, 10414.A.1-3, 10428.B; Rule 12(b)(1); Motion to Dismiss Rule 52.2; Motion to Remand.

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