OPINION EMILY C. HEWITT, Chief Judge. This is a post-award bid protest brought by plaintiff Brooks Range Contract Services, Inc. (Brooks Range or plaintiff). Plaintiff challenges the award of a contract for building management services at two federal buildings in Colorado to defendant-intervenors Urban Services Group, Inc. and Meridian Management Corporation (Urban and Meridian or intervenors). See generally Compl. Before the court are plaintiff's Verified Complaint for Declaratory and...
MEMORANDUM OPINION AND FINAL ORDER SUSAN G. BRADEN, Judge. I. STATEMENT OF FACTS. 2 The proposed scope of Contract No. TEOAF-12-D-001 is for "nationwide services for the receipt, possession, custody, management, and disposition of seized, blocked, or forfeited personal property on behalf of [the Department of Treasury's ("Treasury") Executive Office for Asset Forfeiture], the agencies participating in [the Treasury Forfeiture Fund] or [Office of Foreign Assets Control] when the seizing or...
MEMORANDUM OPINION AND ORDER REGARDING PLAINTIFF'S MOTION FOR RECONSIDERATION OF THE COURT'S CONSTRUCTION OF THE TERM "VALIDATION." SUSAN G. BRADEN, Judge. On April 28, 2011, the court issued a Memorandum Opinion And Order Construing Certain Claims Of United States Patent No. 5,481,464, United States Patent No. 5,831,220, And United States Patent No. 6,105,014. See USHIP Intellectual Props., LLC v. United States, 98 Fed. Cl. 396 (2011). On May 27, 2011, the Plaintiff ("USHIP") filed a...
MEMORANDUM OPINION ON PRO SE PROPOSED INTERVENORS' MOTION TO INTERVENE SUSAN G. BRADEN, Judge. I. FACTUAL AND PROCEDURAL BACKGROUND. On December 27, 2006, the Round Valley Indian Tribes ("the Tribes") filed a Complaint in the United States Court of Federal Claims ("Compl.") alleging, inter alia, "breaches of trust duties in regard to the management by [the United States] of the trust funds of the Round Valley Tribe[s] from 1855 to present." Compl. 1. The facts and procedural...
MEMORANDUM OPINION AND FINAL ORDER SUSAN G. BRADEN, Judge. On September 2, 2011, Akal Security, Inc. ("Akal") filed this bid protest action challenging the May 13, 2011 award by the United States Marshals Service ("USMS") of a contract to provide Court Security Officer ("CSO") services for the Fourth Circuit to Metropolitan Security Services, Inc. d/b/a Walden Security ("Walden"). Akal contends that several errors in the procurement rendered the contract award arbitrary, capricious and an...
OPINION 1 EMILY Y. HEWITT, Chief Judge. This is an action for just compensation filed by owners of property along the eastern shore of Lake Michigan. Plaintiffs' properties are located along an area of the shoreline that erodes naturally, but allege that the government's construction and maintenance of a pair of jetties effected a taking by speeding the erosion of their properties. This Opinion addresses a jurisdictional issue that arose after the second trial held by the court to address...
OPINION AND ORDER THOMAS C. WHEELER, Judge. The Court ruled on October 7, 2011 that the U.S. Army Corps of Engineers ("Corps") breached its August 6, 2008 right-of-entry for construction contract ("ROE-C") with Plaintiffs, International Industrial Park, Inc., KYDDLF and RDLFGFT No. 1 LLC, and Rancho Vista Del Mar, awarding Plaintiffs damages of $1,708,185 and costs. Plaintiffs timely moved for reconsideration on October 26, 2011 under Rule of the Court ("RCFC") 59(a), requesting an award of...
OPINION AND ORDER THOMAS C. WHEELER, Judge. Plaintiff, Martin Construction, Inc. ("Martin") from Gladstone, North Dakota brought the present action under the Contract Disputes Act ("CDA"), 41 U.S.C. 601-613 (2006) (current version at 41 U.S.C. 7101-7109). Martin contracted with the U.S. Army Corps of Engineers ("the Corps") on August 30, 2007 to construct a marina in Garrison, North Dakota. 1 Following more than thirteen months of attempted performance, the Corps terminated Martin's...
OPINION AND ORDER MARGRARET M. SWEENEY, Judge. Plaintiffs Comint and NetServices protest awards issued by the United States Department of Defense ("Defense Department") during its Net-Centric Integrated Enterprise Information Technology Solutions ("NIEITS") acquisition of information technology ("IT") services and seek various forms of declaratory and injunctive relief. NetCentrics Corporation ("NetCentrics"), Digital Management, Inc. ("DMI"), and PowerTek Corporation ("PowerTek"), the three...
OPINION FRANCIS M. ALLEGRA, Judge. Plaintiffs are landowners in South Carolina, who allege that their property was taken as a result of the application of the Rails-to-Trails Act, 16 U.S.C. 1241-51 (2006). The court certified a class on October 28, 2009. Pending are the parties' cross-motions for partial summary judgment regarding how just compensation should be calculated in this matter. Those motions have been fully briefed and argued. For the reasons that follow, the court concludes...
MEMORANDUM OPINION AND FINAL ORDER 1 SUSAN G. BRADEN, Judge. This case arises from a Motion to Review a May 27, 2011 Decision Denying Compensation in Harris v. Sec'y of HHS, No. 07-60V, 2011 WL 2446321 *35 (Fed. Cl. Spec. Mstr. May 27, 2011) (" Harris "). I. RELEVANT FACTS. 2 A. Medical Records. Jordan Harris was born on March 6, 2004. Pet. Ex. 2 at 3. On March 17, 2004, Jordan's pediatrician found him to be a "well child" after his first visit. Pet. Ex. 4 at 137-38. On May 7, 2004,...
MEMORANDUM OPINION AND FINAL ORDER 1 SUSAN G. BRADEN, Judge. This case arises from a Motion to Review a July 21, 2011 Decision Denying Compensation in Snyder v. Sec'y of HHS, No. 07-59V, 2011 WL3022544 (Spec. Mstr. Fed. Cl. July 21, 2011) (" Snyder "). I. RELEVANT FACTS. 2 A. Medical Records. N.S. was born on [redacted]. Pet. Ex. 4 at 3. In January 2005, during a two-month well child visit N.S. received a set of immunizations, including a DTaP 3 vaccination, without exhibiting any...
MEMORANDUM OPINION AND ORDER SUSAN G. BRADEN, Judge. Metcalf Construction Co., Inc. ("Metcalf") was a successful contractor in the private sector when it commenced performance on its first federal housing contract on December 31, 2002. Metcalf, however, did not appreciate that, although this was a "design-build housing project," the United States Department of the Navy ("the Navy") would require strict adherence to contractual requirements, instead of deferring to Metcalf's private sector...
OPINION LAWRENCE S. MARGOLIS, Senior Judge. This case arises out of a settlement in which the Internal Revenue Service ("IRS") agreed to release its right to redeem certain real property pursuant to 26 U.S.C. 7425(d) in return for plaintiff Road and Highway Builders, LLC's ("RHB") payment of $100,000 ("the release"). It was later determined, in separate but related litigation, that notices of tax liens filed by the IRS against the property were improperly recorded. Because the IRS's right...
OPINION and ORDER LAWRENCE J. BLOCK, District Judge. Before the court is defendant's motion to dismiss for lack of subject-matter jurisdiction pursuant to Rule 12(b)(1), Rules Court of Federal Claims ("RCFC"). This case is a companion of the recently decided case of Lower Brule Sioux Tribe v. United States, No. 06-922 (Dec. 1, 2011), in that both contain similar facts and implicate the same jurisdictional statute, 28 U.S.C. 1500. Indeed, both cases revolve around the resolution of the...
OPINION FRANCIS M. ALLEGRA, Judge. In this copyright infringement case, Aviation Software, Inc. (Aviation) and Airframe Systems, Inc. (Airframe) seek damages from the United States for the latter's use of a software program used to maintain and service government-owned aircraft. This is, in fact, one of many copyright suits that plaintiffs have filed in this regard — a fact that, as it turns out, plays a pivotal role in leading to this case being dismissed for the reasons that follow. I....
OPINION AND ORDER LOREN A. SMITH, Senior Judge. Before the Court is Defendant's Motion to Dismiss requesting that the Court dismiss Plaintiff Yakama Nation Housing Authority's ("YNHA") complaint for lack of subject matter jurisdiction or for failure to state a claim upon which relief may be granted pursuant to Rules 12(b)(1) and (6) of the Rules of the United States Court of Federal Claims. In its complaint, YNHA alleges that it received annual housing grants, referred to as Indian Housing...
OPINION JOHN P. WIESE, Judge. This case is before the court following a trial held to determine the compensation, if any, owed to plaintiff under the Fifth Amendment to the United States Constitution for the taking of its property. In an earlier round of litigation in this case, the Court of Appeals for the Federal Circuit ruled that operating restrictions on plaintiff's water project imposed by the National Marine Fisheries Service ("NMFS") pursuant to the Endangered Species Act ("ESA"), 16...
OPINION AND ORDER JAMES F. MEROW, Senior Judge. By statute this court lacks jurisdiction over any suit "for or in respect to" claims that are pending in another court. Defendant's Motion to Dismiss contends that plaintiff's previously-filed district court complaint shares substantially the same operative facts as this, the second-filed action. For the following reasons, because plaintiff's district court litigation was pending at the time the instant matter was filed, and was "for or in...
OPINION AND ORDER GEORGE W. MILLER, Judge. Plaintiff IBM Corporation, U.S. Federal ("IBM") filed a complaint against the United States alleging that the Department of Veterans Affairs ("DVA") improperly evaluated the proposal submitted by IBM in response to DVA's Request for Proposals ("RFP" or "Solicitation"), No. VA-118-10-RP-0052, and in so doing acted in a manner that was arbitrary, capricious, an abuse of discretion, and contrary to law (docket entry 1, Aug. 24, 2011). For the following...
