This morning, the Federal Circuit released one nonprecedential opinion and two nonprecedential orders. The opinion comes in a government contract case appealed from the Court of Federal Claims. As for today’s orders: one grants a petition for a writ of mandamus ordering transfer from the Western District of Texas to the Northern District of California, while the other dismisses an appeal from the Patent Trial and Appeal Board. Here are the introductions to the opinion and mandamus order, as well as a link to the dismissal.
Monbo v. United States (Nonprecedential)
This case considers three appeals by Dee Monbo challenging actions taken by contracting officers in government procurement. As is relevant here, Ms. Monbo and the corporation she controls, Monbo Group International (collectively, “the Monbo contractors”), submitted proposals for multiple government contracts; one was awarded to the Monbo contractors but subsequently canceled, while the others were not awarded to the Monbo contractors. Ms. Monbo filed bid protests in the United States Court of Federal Claims (“Claims Court”).
In 2023, before the cases were filed in the Claims Court, Ms. Monbo was debarred pursuant to the Federal Acquisition Regulation (“FAR”). Monbo Group International was also debarred. The consequence of the debarments was to prevent Ms. Monbo and Monbo Group International from receiving an award of government contracts. Ms. Monbo brought suit in district court under the Administrative Procedure Act to challenge the debarments. The district court rejected her claims, and Ms. Monbo’s appeal thereof was dismissed for lack of prosecution.
The Claims Court dismissed for lack of jurisdiction because Ms. Monbo’s debarment meant that she lacked constitutional standing and statutory standing. In the case underlying appeal No. 2025-2007, the Claims Court issued an anti-filing injunction against Ms. Monbo because of her filing multiple frivolous lawsuits.
We conclude that the Claims Court lacked jurisdiction because of the debarment, and that the Claims Court did not abuse its discretion in issuing an anti-filing injunction. We affirm.
In re Google LLC (Nonprecedential Order)
Google LLC petitions for a writ of mandamus seeking to compel transfer from the United States District Court for the Western District of Texas (“WDTX”) to the United States District Court for the Northern District of California (“NDCA”). The University of Southern California (“USC”) opposes. For the following reasons, we grant the petition.