USCFC General Jurisdiction-Reported

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17-1662 • ZEIDMAN TECHNOLOGIES, INC. v. USA

Filed 02/11/2019
REPORTED OPINION of the court's OPINION on Protective Order Sanctions, originally filed under seal on 1/15/2019, see [94]. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made.

Keywords: re: Reported Opinion. Violation of Protective Order; Sanctions; RCFC 16(f).(TQ)

18-1595 • ATSC AVIATION, LLC v. USA

Filed 02/11/2019
REPORTED OPINION: reflecting redactions to sealed opinion issued 2/1/2019. Signed by Senior Judge Charles F. Lettow.

Keywords: re: Pre-award challenge in post-award circumstances; exclusion from the competitive range; standing; competitive range determination; evaluations of offers by procuring agency.

18-476 • LANDRETH v. USA

Filed 02/08/2019
REPORTED OPINION denying Motion for Leave to File Amicus Brief. Signed by Judge Patricia E. Campbell-Smith. (jt1) Service on parties made. (jt1). Modified on 2/11/2019 - rescanned pdf (jt1).

Keywords: re: Motion for Leave to Appear as Amicus Curiae.

18-1081 • FRAZER/EXTON DEVELOPMENT, L.P. et al v. USA

Filed 02/08/2019
REPORTED OPINION granting Motion to Dismiss. The Clerk is directed to enter judgment. Signed by Chief Judge Margaret M. Sweeney. (pp) Service on parties made. Modified on 2/28/2019 - corrected typographical error (jt1).

Keywords: RCFC 12(b)(1); Takings Clause of the Fifth Amendment; Environmental Contamination; 28 U.S.C. § 2501; Statute of Limitations; Claim Accrual; Stabilization Doctrine; Justifiable Uncertainty.

18-1907 • VOITH HYDRO, INC. v. USA

Filed 02/08/2019
REPORTED OPINION of the court's OPINION originally issued under seal on February 1, 2019, [51], denying Application for Access to Protected Material. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made.

Keywords: re: Reported Opinion. Contested Application for Access toProtected Material for Plaintiff's Expert Consultant; RCFC, App. C, 18. (TQ)

18-831 • HYMAS v. USA

Filed 02/07/2019
REPORTED ORDER denying Motion for Reconsideration - Rule 59(a). Signed by Senior Judge Marian Blank Horn. (ar) Service on parties made. [sent via certified mail: 7018 0040 0001 1393 027]

18-1566 • SYNAPTEK, INC. v. USA

Filed 02/05/2019
REPORTED OPINION (Reissuance of December 11, 2018 Sealed Opinion). Signed by Senior Judge Eric G. Bruggink. (wr) Service on parties made.

Keywords: re: Reported Opinion: Bid protest; post-award bid protest; FAR 15.308 (2018); FAR 9.105-2(a)(1) (2018); best value determination; price reasonableness; responsibility determination.

18-1708 • SPARKSOFT CORPORATION v. USA

Filed 01/31/2019
REPORTED OPINION: reflecting redactions from the opinion and order previously entered on January 24, 2019. Signed by Senior Judge Charles F. Lettow.

Keywords: Pre-award bid protest; procurement of information technology services; agencys consideration of new offers following four prior protests; evaluation of compensation for professional employees; 48 C.F.R. § 52.222-46; compensation realism; price reasonableness; 48 C.F.R. § 8.405-2(d); ambiguity in solicitation; agencys answers to questions ostensibly limiting its assessment of compensation realism; declaratory relief

18-657 • CHRISTY, INC. v. USA

Filed 01/29/2019
REPORTED OPINION granting Motion to Dismiss. The Clerk is directed to enter judgment. Signed by Chief Judge Margaret M. Sweeney. (pp) Service on parties made.

Keywords: re: Reported Opinion -- Patents; Inter Partes Review; Leahy-Smith America Invents Act; RCFC 12(b)(1); RCFC 12(b)(6); Takings Clause; Patents as Property; Public Franchise; Breach of Contract; Patents as Contracts; Illegal Exaction.

16-950 • CB&I AREVA MOX SERVICES, LLC v. USA

Filed 01/28/2019
REPORTED OPINION granting Motion for Partial Reconsideration - Rule 59(a). The Clerk is directed to enter judgment in Case No. 18-921. Signed by Judge Thomas C. Wheeler. (dh) Service on parties made.

Keywords: Motion for Reconsideration; RCFC 54(b), 58, 59(a); Fed. R. Civ. Pro. 54(b), 58, 59(a); Final Judgment; Mootness; Waiver; Right to Appeal; Voluntary Settlement; 28 U.S.C. 2517; Judgment Payment Statute; 31 U.S.C. 1304; Contract Disputes Act; 41 U.S.C. 708(a) re: Order on Motion for Reconsideration - Rule 59(a), Reported Opinion

18-978 • CHICHAKLI v. USA

Filed 01/25/2019
REPORTED OPINION : Granting Motion to Dismiss - Rule 12(b)(1) and (6); The Clerk is directed to enter judgment. Signed by Judge Elaine D. Kaplan. U.S. Certified Mail Tracking# 7018 0040 0001 1393 1198(vds) Service on parties made. (Main Document 15 replaced on 1/25/2019)

Keywords: Pro Se; Motion to Dismiss; Takings Clause; IEEPA; Economic Sanctions; Executive Order 13348

18-1555 • FIELDS v. USA

Filed 01/25/2019
REPORTED OPINION and ORDER: granting Motion to Dismiss - Rule 12(b)(1); The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler. (ar) Service on parties made. [sent via certified mail: 7017 2620 0000 7637 4785]

Keywords: re: Rule 12(b )( 1) Motion to Dismiss for Lack of Subject Matter Jurisdiction; Federal Torts Claims Act; Veterans Benefits; Transfer.

18-1806 • VONDRAKE v. USA

Filed 01/22/2019
REPORTED ORDER Denying as moot Motion to Stay; Denying as moot[2] Motion for Leave to Proceed in forma pauperis; The Clerk is directed to enter judgment. Signed by Senior Judge Nancy B. Firestone. U.S. Certified Mail Tracking# 7017 2620 0000 7637 4761(vds) Service on parties made.

Keywords: Pro se; Sua Sponte Dismissal; Lack of Subject Matter Jurisdiction.

17-1315 • CASIANO et al v. USA

Filed 01/22/2019
REPORTED OPINION denying Motion to Dismiss; granting in part and denying in part [12] Motion for Judgment on the Administrative Record; granting in part and denying in part [25] Cross Motion. The government shall file a status report by 3/8/2019. Signed by Judge Elaine D. Kaplan. (feb) Service on parties made.

Keywords re Reported Opinion: United States Public Health Service; Temporary Disability Retired List; Permanent Disability Retired List; Medical Review Board; Medical Appeals Board; Disability Evaluation Manual; Military Pay Act; 10 U.S.C. § 1201; 42 U.S.C. § 213a

16-1378 • ADAMS et al v. USA

Filed 01/18/2019
REPORTED MEMORANDUM OPINION AND ORDER granting Government's Motion for Partial Summary Judgment on Appropriations Caps; denying [46] Plaintiffs' Motion for Partial Summary Judgment on Appropriations Caps; and denying as moot [42] Government's Motion for Partial Summary Judgment on Appropriations Caps. Signed by Judge Lydia Kay Griggsby. (jp) Service on parties made.

Keywords: Fair Labor Standards Act (FLSA); RCFC 56; Customs Officer Pay Reform Act (COPRA); Department of Homeland Security Appropriations Act, re: Reported Memorandum Opinion and Order.

19-27 • NORTH SOUTH CONSULTING GROUP, LLC v. USA

Filed 01/17/2019
REPORTED OPINION issued under seal on January 11, 2019, see [21], denying plaintiff's motion for a TRO and preliminary injunction. On or before 1/31/2019, the parties shall CONFER and file a Joint Status Report proposing a schedule for further proceedings, if any, in this matter. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made. Modified on 1/28/2019 - corrected typographical error(jt1).

Keywords: re: Reported Opinion. Post-Award Bid Protest; Review ofProposal Evaluation and Award Decision; Request for Temporary Restraining Order and Preliminary Injunction Denied. (TQ)

18-1191 • MANTECH ADVANCED SYSTEMS INTERNATIONAL, INC. v. USA

Filed 01/16/2019
REPORTED OPINION: Public Version With Redactions. Signed by Senior Judge Nancy B. Firestone. (gd) Service on parties made.

Keywords: re: Reported Opinion: Bid Protest; Pre-award Protest; Judgment on the Administrative Record; Material Error; Obvious, Clerical Error; Clarifications; Unequal and Unfair Treatment; FAR 15.306(a).

18-861 • CHENEGA HEALTHCARE SERVICES, LLC v. USA

Filed 01/11/2019
REPORTED OPINION originally filed under seal on 12/21/2019 denying [50] Motion for Judgment on the Administrative Record; granting [52] Cross Motion; granting [53] Cross Motion. The Clerk is directed to enter final judgment DISMISSING plaintiff's amended complaint, with prejudice. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made.

Keywords: re: Reported Opinion. Post-Award Bid Protest; Late KeyPersonnel Substitution; Award Without Discussions; Rationale for Award. (TQ)

11-275 • BIG OAK FARMS, INC. et al v. USA

Filed 01/11/2019
REPORTED OPINION: granting Motion to Dismiss - Rule 12(b)(1); Joint Status Report and Proposed Draft Order Dismissing Plaintiffs consistent with this opinion due by 1/18/2019, Plaintiffs' Fifth Amended Complaint reflecting this court's ruling due by 1/18/2019. Signed by Senior Judge Nancy B. Firestone. (gd) Service on parties made.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1), Reported Opinion. Fifth Amendment Taking Claims; Motion to Dismiss; 28 U.S.C. § 2501; Time-barred; Relation Back; RCFC 15(c); Class Action Tolling; RCFC 12(b)(6).

14-549 • ULTIMATE CONCRETE, LLC v. USA

Filed 01/10/2019
REPORTED OPINION granting in part and denying in part Motion for Summary Judgment; granting in part and denying in part [119] Cross Motion. Status Report due by 2/11/2019. Signed by Judge Elaine D. Kaplan. (kb) Service on parties made.

Keywords re [139]: Contract Disputes Act (CDA), 41 U.S.C. § 7104; Motion for Summary Judgment, RCFC 56; Contract Interpretation; Critical Path; Defective Specifications.

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