USCFC General Jurisdiction-Reported

REPORTED OPINION AND ORDER granting in part and denying in part Motion for Partial Summary Judgment; granting in part and denying in part [45] Cross-Motion for Partial Summary Judgment; denying as moot [70] Motion to Stay; denying as moot Motion for Enlargement of Time to File Status Report. Joint Status Report Due November 2, 2018. Signed by Judge Elaine D. Kaplan. (kb) Service on parties made.

Keywords: re: Contract Disputes Act; Duty of Good Faith and Fair Dealing; Subcontractors; Breach of Implied Warranty; Termination for Cause.

REPORTED OPINION granting defendant's motion to dismiss [7]. The Clerk is directed to enter final judgment DISMISSING plaintiff's complaint, without prejudice. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made. Modified on 10/17/2018 - corrected docket text(jt1).

Keywords: re: Reported Opinion. Contract; Settlement Agreement in Civil Enforcement Context; Lack of Contract-Based Jurisdiction. (TQ)

REPORTED OPINION granting Motion to Certify Class. Signed by Senior Judge Susan G. Braden. (dg) Service on parties made.

Keywords: re: Back Pay Act of 1966, 5 U.S.C. § 5596; Collective Action; Conditional Certification; Fair Labor Standards Act of 1938, 29 U.S.C. §§ 201-219.

REPORTED ORDER granting in part and denying in part Motion to Dismiss - Rule 12(b)(1) and (6); (Status Report with proposed next steps due by 11/15/2018).Signed by Senior Judge Nancy B. Firestone. (js) Service on parties made.

Keywords: Indian Tribe Claims; Breach of Trust Obligations; Breach of Fiduciary Duty; Indian Tucker Act, 28 U.S.C. § 1505; Arizona-Florida Land Exchange Act of 1988, Pub. L. No. 100-696; 25 U.S.C. § 162a; Motion to Dismiss; Subject Matter Jurisdiction; Rule 12(b)(1); Failure To State a Claim; Rule 12(b)(6); Statute of Limitations; 28 U.S.C. § 2501.

Re-docketed for publication. REPORTED MEMORANDUM OPINION AND FINAL ORDER granting Motion to Dismiss - Rule 12(b)(1), filed by USA; denying as moot [12] Petition to Seal Case and to Cite Contempt, filed by MAGNOLIA COOPER, MACHAYLA K. COOPER. The Clerk is directed to dismiss the April 13, 2018 Complaint, with prejudice. Signed by Senior Judge Susan G. Braden. (rp) Service on parties made. Plaintiffs served via certified mail, article numbers 7017 2620 0000 7637 4518 and 7005 2570 0001 8602 3062.

REPORTED OPINION denying Motion for Attorney Fees. Signed by Senior Judge Marian Blank Horn. (td) Service on parties made.

Keywords: Attorney's Fees; Equal Access to Justice Act; 28 U.S.C. § 2412; Itemized Statement; Net Worth; Prevailing Party; Substantially Justified.

REPORTED ORDER and OPINION granting Motion for Summary Judgment; finding as moot [29] Motion to Dismiss - Rule 12(b)(1); and granting defendant's counterclaim for liquidated damages in the amount of $424,125.00. The Clerk is directed to enter judgment for the United States. Signed by Senior Judge Robert H. Hodges, Jr. (ctd). Modified on 10/17/2018 to edit docket text for clarity.

REPORTED OPINION AND ORDER denying Motion to Dismiss - Rule 12(b)(6) filed by USA; granting [11] Cross Motion for Summary Judgment filed by SANFORD HEALTH PLAN. The Clerk is directed to enter judgment. Signed by Judge Elaine D. Kaplan. (feb) SeREPORTED OPINION AND ORDER denying [8] Motion to Dismiss - Rule 12(b)(6) filed by USA; granting [11] Cross Motion for Summary Judgment filed by SANFORD HEALTH PLAN. The Clerk is directed to enter judgment. Signed by Judge Elaine D. Kaplan. (feb) Service on parties made.rvice on parties made.

Keywords re Opinion and Order on Motion to Dismiss - Rule 12(b)(6), Order on Cross Motion: Affordable Care Act; Cost-Sharing Reductions; Moda Health Plan; Montana Health; Statutory Obligation; Appropriations; Budgetary Authority.

REPORTED OPINION The parties' motion for approval of the Settlement Agreement is granted. The Clerk is directed to enter judgment contained within the opinion. Signed by Senior Judge Charles F. Lettow.

Keywords: Rails-to-trails takings case; class action; settlement; fairness hearing; RCFC 23(e). (cs) (Entered 10/10/2018)

REPORTED MEMORANDUM OPINION AND ORDER denying Plaintiffs' Motion for Partial Summary Judgment and granting [40] Government's Cross-Motion for Summary Judgment. Joint Status Report due by 11/9/2018. Signed by Judge Lydia Kay Griggsby. (rdb) Service on parties made.

Keywords: Rails-to-Trails; Fifth Amendment Takings; National Trails System Act; Missouri Property Law; Fee Simple; Easement; Notice of Interim Trail Use (NITU); Summary Judgment; RCFC 56, re: Memorandum Opinion and Order.

REPORTED OPINION: granting in part and denying in part Motion to Dismiss - Rule 12(b)(1). Signed by Judge Thomas C. Wheeler. (ez) Service on parties made.

Keywords: Motion to Dismiss for Lack of Subject Matter Jurisdiction; Statute of Limitations; Accrual of Cause of Action; Stabilization Doctrine; Fifth Amendment Taking; Breach of Contract re: Order on Motion to Dismiss - Rule 12(b)(1), Reported Opinion (ez)Keywords: re: [20] Motion to Dismiss for Lack of SubjectMatter Jurisdiction; Statute of Limitations; Accrual of Cause of Action; Stabilization Doctrine; Fifth Amendment Taking; Breach of Contract.

REPORTED OPINION: granting Unopposed MOTION to Certify Class (Conditional Certification) and Notice filed by PLAINTIFF NO. 1, et al. Signed by Judge Elaine D. Kaplan (feb) Service on parties made.

Keywords: re: Conditional Certification of Collective Action; FLSA; Common Issues of Law and Fact

REPORTED OPINION AND ORDER granting Motion to Dismiss - Rule 12(b)(1). The Clerk is directed to enter judgment. Signed by Senior Judge Charles F. Lettow. (rp) Service on parties made. Plaintiff served via certified mail, article number 7017 2620 0000 7637 4402.

Keywords: re: Military retirement claim; 10 U.S.C § 3911(a); statute of limitations; 28 U.S.C. § 2501; tolling provision of 10 U.S.C. § 843(f); whistleblower claim; 10 U.S.C. § 1034, 5 U.S.C. § 2302(b).

REPORTED OPINION. Signed by Senior Judge Eric G. Bruggink. (jpk1) Service on parties made.

Keywords: re: Reported Opinion: Bid protest; Cardinal change; Contract modification; MSPV-NG; Sole source; Competition in Contracting Act; Rule of two; Kingdomware; SDVOSB; Injunctive Relief; Balance of the harms; Public interest.

REPORTED OPINION. The Clerk is directed to enter judgment. Signed by Senior Judge Susan G. Braden. (Attachments: # (1) Memorandum Opinion And Order On Evidentiary Issues)(dg) Service on parties made.

Keywords: re: Reported Opinion; 28 U.S.C. § 1491 (Tucker Act Jurisdiction); 41 U.S.C. §§ 7101-7109 (Contracts Dispute Act); 48 C.F.R. §§ 52.2331 (Federal Acquisition Regulation, Disputes), 52.236-2 (Federal Acquisition Regulation, Differing Site Conditions); Good Faith And Fair Dealing

REDACTED AND REISSUED FINAL REPORTED ORDER AND OPINION. Signed by Senior Judge Edward J. Damich. (co) Service on parties made.

Keywords: re: Trade Secrets; Motion to Dismiss; Statute of Limitation; Tolling; Accrual Suspension; Stutz Motor Car of America, Inc. v. Reebok International, Ltd., Nos. 96-1062, 96-1083, 1997 U.S. App. LEXIS 11877 (Fed. Cir. May 16, 1997).

Denying Motion for TRO; Denying [4] Motion for Preliminary Injunction; REPORTED OPINION on [4] MOTION for Temporary Restraining Order and Preliminary Injunction filed by TIMBERLINE HELICOPTERS, INC. Signed by Judge Elaine D. Kaplan (feb). Service on parties made.

REPORTED OPINION granting Motion for Clarification re [99] Order on Motion for Judgment on the Administrative Record. Signed by Judge Thomas C. Wheeler. (dh) Service on parties made.

Keywords: re: Motion for Clarification; Scope of Injunction

REPORTED OPINION: Patent case; denying Motion for Judgment on the Pleadings - Rule 12(c); granting [205] Motion to Amend Pleadings - Rule 15(b); the 13 terms identified by the parties shall be construed as stated in the opinion. Signed by Senior Judge Charles F. Lettow.

Keywords: Claims of patent infringement; 28 U.S.C. § 1498(a); patentability; 35 U.S.C. § 101; second step of the Alice test; application of Aatrix; leave to amend complaint; RCFC 15(a)(2); claim construction.

REPORTED OPINION granting Motion for Summary Judgment; denying [430] Motion in Limine; denying [452] Motion in Limine. The clerks office is directed to CORRECT the docket in Case No. 93-6582 to change the name of the plaintiff from Silverlake Village, L.P. to 3740 Silverlake Village, L.P., as explained in footnote 4 of this opinion. For docket clarity, a copy of this opinion shall be filed in each of the six member cases. The clerks office is directed to ENTER final judgment for defendant and DISMISS all of the claims in each of the following member cases, with prejudice: Buckman Gardens L.P., et al. v. United States, Case No. 97-5837; Chauncy House Company v. United States, Case No. 97-5845; Cedar Gardens Associates v. United States, Case No. 93-6568; Rock Creek Terrace L.P. v. United States, Case No. 93-6578; 620 Su Casa Por Cortez v. United States, Case No. 93-6580; and 3740 Silverlake Village, L.P. v. United States, Case No. 93-6582. The pretrial conference scheduled for September 27, 2018, is CANCELLED. The trial scheduled for October 15-26, 2018, is CANCELLED. The parties shall CONFER and FILE a Joint Status Report on or before 10/22/2018 proposing further proceedings in this matter. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made.

Keywords: re: Reported Opinion on Motion for Summary Judgment. Regulatory Takings Claims; Motion for Summary Judgment, RCFC 56; Right to Pre-Pay Mortgages on Subsidized Low-Income Housing Developments; No Reasonable Investment-Backed Expectation in a Property Right Destroyed Prior to Purchase of Property; Insufficient Evidence of Economic Impact to Support a Permanent Regulatory Taking. (TQ)