USCFC General Jurisdiction-Reported

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15-351 • AGILITY PUBLIC WAREHOUSING COMPANY, K.S.C.P. v. USA

Filed 05/09/2019
REPORTED OPINION The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler. (ez) Service on parties made.

Keywords: re: Reported Opinion Rule 12(c) Motion for Judgment on thePleadings; Rule 12(b)(1) Motion to Dismiss for Lack of Subject MatterJurisdiction; 28 U.S.C. § 1500; Contracts Disputes Act; Debt Collection Act, 31U.S.C. § 3716; Declaratory Judgment.

18-1907 • VOITH HYDRO, INC. v. USA

Filed 05/08/2019
REPORTED OPINION, of sealed opinion filed April 30, 2019. Signed by Judge Patricia E. Campbell-Smith. (jb2) Service on parties made.

Keywords: re: Reported Opinion. Post-Award Bid Protest; Challenges to Technical Ratings, Past Performance Ratings, and Best Value Tradeoff Analysis; Motion to Strike Declaration of Source Selection Authority.

17-842 • IOWA BANKERS BENEFIT PLAN v. USA

Filed 05/02/2019
REPORTED OPINION granting Defendant's Cross-Motion for Summary Judgment; denying [32] Plaintiff's Cross-Motion for Summary Judgment. The Clerk is directed to enter judgment for Defendant. Signed by Judge Thomas C. Wheeler. (dh) Service on parties made.

Keywords: Summary Judgment; RCFC 56; Patient Protection and Affordable Care Act; Annual Fee on Health Insurance Providers; Covered Entity; Statutory Interpretation; Chevron Deference; Substantial Variance Rule; Waiver of Claims re: Order on Cross-Motions for Summary Judgment, Reported Opinion.

18-898 • BOWERMAN v. USA

Filed 05/01/2019
REPORTED OPINION: Granting Motion to Dismiss - Rule 12(b)(1) The Clerk is directed to enter judgment. Signed by Judge Elaine D. Kaplan. U.S. Certified Mail Receipt Tracking# 7018 0040 0001 1393 1266(vds) Service on parties made.

Keywords: Tax Levy; Tax Refund; I.R.C. § 651 l (a); I.R.C. § 6532(a)(l); Motion to Dismiss; Subject-Matter Jurisdiction.

18-1803 • MARK DUNNING INDUSTRIES, INC. v. USA

Filed 04/29/2019
REPORTED OPINION reflecting redactions to sealed opinion and order issued 4/19/2019. Signed by Senior Judge Charles F. Lettow.

Keywords: re: Post-award bid protest; compliance with amended solicitation; reasonableness of awardee's bid; responsibility determination; equal treatment of offerors.

19-148 • NORTH WIND SITE SERVICES, LLC v. USA

Filed 04/26/2019
REPORTED ORDER. Plaintiff's claims challenging the issuance of task orders is dismissed for lack of jurisdiction, and judgment is entered in favor of defendant and defendant-intervenor as to the remaining claims. Signed by Senior Judge Nancy B. Firestone. (gd) Service on parties made.

Keywords: re: Reported Order, Bid Protest; Post-award; Judgment on the Administrative Record; Motion to Complete the Administrative Record; Motion to Dismiss for Lack of Subject Matter Jurisdiction; RCFC 12(b)(1); SBA; 8(a) Contract.

16-1710 • HOLMES v. USA

Filed 04/25/2019
REPORTED ORDER denying Motion ; granting in part and denying in part [36] Motion to Remand. Signed by Senior Judge Victor J. Wolski. (er) Service on parties made.

Keywords: re: Order on Motion for Miscellaneous Relief, Order on Motion to Remand, Reported Order Army Board for Correction of Military Records; Department of Veterans Affairs; All Writs Act, 28 U.S.C. § 1651(a); voluntary remand, RCFC 52.2; doubts about correctness of decision and desire to reconsider; intervening events; factors for remand duration; gaps in record.

18-52 • PERFECT FORM MANUFACTURING LLC v. USA

Filed 04/24/2019
REPORTED OPINION granting Motion to Compel. QuickBooks production due 4/29/2019. Document production due 5/24/2019. Signed by Chief Judge Margaret M. Sweeney. (pp) Service on parties made.

Keywords: I.R.C. §4161(b); Excise Tax on Archery Products; I.R.C. §4216(b); Constructive Sale Price; Motion to Compel; RCFC 26(b); Relevance; Overly Broad; Unduly Burdensome.

19-308 • FMS INVESTMENT CORP. v. USA

Filed 04/24/2019
REPORTED OPINION denying Motion for Preliminary Injunction; denying [57] Motion for Preliminary Injunction; denying [59] Motion for Preliminary Injunction; denying [61] Motion for Preliminary Injunction. Signed by Judge Thomas C. Wheeler. (dh) Service on parties made.

Keywords: Motion for Preliminary Injunction, Likelihood of Success on the Merits, Irreparable Harm, Balance of Hardships, Public Interest, 28 U.S.C. 1491(b), RCFC 65(d), Preserve Status Quo, Court's Ability to Grant Meaningful Relief re: Order on Motion for Preliminary Injunction, Reported Opinion.

18-686 • LEE v. USA

Filed 04/24/2019
REPORTED MEMORANDUM OPINION AND ORDER granting Motion to Dismiss and dismissing the case. The Clerk is directed to enter judgment. Signed by Judge Lydia Kay Griggsby. (jp) Service on parties made.

Keywords: Breach Of Contract; RCFC 12(b)(6); Failure To State A Claim; RCFC 12(b)(1); Subject-Matter Jurisdiction; Tort Claims; Implied-in-Fact Contract; Contract Formation, re: Memorandum Opinion and Order.

18-1655 • INSERSO CORPORATION v. USA

Filed 04/22/2019
REPORTED ORDER reissuing SEALED OPINION and ORDER. Signed by Senior Judge Loren A. Smith. (mr) Service on parties made.

Keywords: Post-Award Bid Protest; Judgment on theAdministrative Record. re: Reported Order

18-1615 • AGILE DEFENSE, INC. v. USA

Filed 04/22/2019
REPORTED ORDER reissuing SEALED OPINION and ORDER. Signed by Senior Judge Loren A. Smith. (mr) Service on parties made.

Keywords: Post-Award Bid Protest; RCFC 52.1; Judgment on the Administrative Record; Administrative Record; Cost Realism Analysis; Misleading Discussions. re: Reported Order.

19-219 • VERTEX AEROSPACE, LLC v. USA

Filed 04/22/2019
REPORTED ORDER. Granting defendant's and defendant-intervenor's motions to dismiss and motions for judgment on the administrative record. Denying plaintiff's motion for judgment on the administrative record and plaintiff's finding motion to supplement moot. Signed by Senior Judge Nancy B. Firestone. (gd) Service on parties made.

Keywords: re: Reported Order, Bid Protest; Post-award; Judgment on the Administrative Record; Motion to Dismiss; Motion to Supplement; Motion to Dismiss for Lack of Subject Matter Jurisdiction; RCFC 12(b)(1); Timeliness; Blue & Gold Waiver.

18-1563 • INDIGO IT, LLC v. USA

Filed 04/22/2019
REPORTED ORDER reissuing SEALED OPINION and ORDER. Signed by Senior Judge Loren A. Smith. (mr) Service on parties made.

Keywords: Bid Protest, RCFC 52.1, Cost Realism Analysis. re: Reported Order.

18-1686 • BABCOCK v. USA

Filed 04/18/2019
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1). Plaintiff's complaint is dismissed without prejudice. The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler. (sh) Service on parties made.(Plaintiff served via certified mail; Article No. 7005 2570 0001 3701 9885).

Keywords: Reported Opinion, Rule 12(b)(1) Motion for Dismiss for Lack of Subject Matter Jurisdiction; Unjust Conviction and Imprisonment; 28 U.S.C.§1495; 28 U.S.C. §2513.

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

Filed 04/18/2019
REPORTED OPINION: Defendant's motion to enforce the protective order entered August 17, 2017, or issue a new protective order, is DENIED. Plaintiffs' motion [268] to compel discovery as to source code is DENIED. Plaintiffs' motion for an extension of time to respond to discovery and for a protective order [256] is DENIED. Defendant's motion [269] to compel interrogatory responses and document production is GRANTED, but the attendant motions [269] to determine the sufficiency of objections and to deem as admitted certain requests for admission are DENIED. Plaintiffs' motion [278] for reconsideration of the court's order of March 11, 2019 is DENIED. On or before June 21, 2019, the parties are invited to propose a new schedule for discovery and other preparatory proceedings, taking into account this ruling. Signed by Senior Judge Charles F. Lettow.

Keywords: re: Reported Opinion Discovery disputes in patent case; prior preliminary protective order superseded by claim construction; particularized showing not made for discovery of source code; general obligation to respond to proper discovery requests; RCFC 26(b)(1), 33(b), 34(b), 36(a).

18-1908 • VETERANS ELECTRIC, LLC v. USA

Filed 04/17/2019
REPORTED OPINION and ORDER denying 21 Motion for Judgment on the Administrative Record; granting 22 Cross Motion. Signed by Judge Thomas C. Wheeler. (ez) Service on parties made.

Keywords: re: Reported Order Pre-award Bid Protest; Motion for Judgment on the Administrative Record; Rule 52.1; Agency's Competitive Range Decision

03-785 • BERES et al v. USA

Filed 04/16/2019
REPORTED OPINION denying in part and deferring in part Defendant's Motion for Partial Summary Judgment; denying in part and deferring in part [276] Plaintiffs' Motion for Partial Summary Judgment; denying [285] Defendant's Motion to Dismiss; and granting Defendant's Motion to Strike. Signed by Senior Judge Marian Blank Horn. (td) Service on parties made.

Keywords: Motion to Dismiss; Motion to Strike; Cross-Motions for Partial Summary Judgment; Rails-to-Trails; Fifth Amendment Taking; Subject Matter Jurisdiction; Deed Interpretation; Plat Interpretation; Adverse Possession; Preemption; RCFC 56(d).

17-2052 • WEST v. USA

Filed 04/16/2019
REPORTED MEMORANDUM OPINION AND ORDER granting-in-part and denying-in-part Motion to Supplement and Strike Portions of the Administrative Record. Corrected Administrative Record due by 5/17/2019. Signed by Judge Lydia Kay Griggsby. (rdb) Service on parties made.

Keywords: Supplementing The Administrative Record; Motion To Strike, re: Reported Memorandum Opinion And Order.

19-203 • TELE-CONSULTANTS, INC. v. USA

Filed 04/16/2019
REPORTED OPINION. The Clerk is directed to enter judgment. Signed by Judge Elaine D. Kaplan. (feb) Service on parties made.

Keywords re Reported Opinion: Bid Protest; IDIQ Contract; U.S. Army; CAGE Code; Meaningful Discussions

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