USCFC General Jurisdiction-Reported

REPORTED OPINION granting in part and denying in part Motion for Judgment on the Administrative Record; denying [30] Motion to Dismiss - Rule 12(b)(1); denying [30] Motion for Judgment on the Administrative Record. The Clerk is directed to enter judgment. Signed by Judge Susan G. Braden.

Keywords: re: Administrative Procedure Act, 5 U.S.C. §§ 70106 et seq.; Competition in Contracting Act,41 U.S.C. § 3301 et seq.;Cooperative Farming Agreements; Cooperative Land Management,50 C.F.R. § 29.2 (1960); Exec. Order. No. 12,996 (61 FED. REG. 13,647 (Mar. 25, 1996));Federal Grant and Cooperative Agreement Act, Pub. L. No. 95-224, 92 Stat. 3 (1978), codified, as amended, 31 U.S.C. §§ 630108;Fish and Wildlife Act, Pub. L. No. 84-1024, 70 Stat. 1120 (1956);Fish and Wildlife Coordination Act, Pub. L. No. 73-121, 48 Stat. 401 (1934), codified, as amended, at 16 U.S.C. §§ 661667e;Fish and Wildlife Coordination Act, Pub. L. No. 85-624, 72 Stat. 563 (1958), codified at 16 U.S.C. § 661;Judgment on the Administrative Record;Jurisdiction;National Wildlife Refuge System Administration Act, Pub. L. No. 89-669, 80 Stat. 927 (1966), codified, as amended, at 16 U.S.C. § 668dd;National Wildlife Refuge System definitions (50 C.F.R. § 25.12 (1960));National Wildlife Refuge System Improvement Act, Pub. L. No. 105-57, 111 Stat. 1252 (1997);National Wildlife Refuge System Volunteer and Community Partnership Enhancement Act, Pub. L. No. 105-242, 112 Stat. 1574 (1998), codified, as amended, at 16 U.S.C. §§ 742a, 742f; National Wildlife Refuge Volunteer Act, Pub. L. No. 108-327, 118 Stat. 1271 (2004);Public Law No. 79-732, 60 Stat. 1080 (1946);Public Law No. 80-537, 62 Stat. 240 (1948);RCFC 37(c) (Failure to Disclose, to Supplement an Earlier Response).

REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1). The Clerk is directed to enter judgment. Signed by Judge Mary Ellen Coster Williams.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1), Reported Opinion; Subject Matter Jurisdiction; Contract Disputes Act, 41 U.S.C. §§ 7101-09; 48 C.F.R. § 2.101 Claim; Contracting Officers Final Decision; Failure to Appoint a Replacement Contracting Officer.

REPORTED OPINION granting in part and denying in part Motion for Attorney Fees; granting in part and denying in part [72] Motion for Bill of Costs. BCPeabody is awarded $30,990.56 in attorneys' fees and expenses pursuant to the Equal Access to Justice Act. BCPeabody is also awarded $400.00 in costs pursuant to RCFC 54(d). The Clerk is directed to enter judgment. Signed by Judge Charles F. Lettow.

Keywords: re: Application by a prevailing plaintiff for an award of attorneys' fees and expenses pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412; no substantial justification for the government's position; hourly rates; expenses; bond premiums as expenses. (EB)

REPORTED OPINION denying Motion for Subpoena Duces Tecum and; granting [28] Motion for Extension of Time to File Response re [25] MOTION for Summary Judgment. Plaintiffs Response to Motion for Summary Judgment due by 10/3/2014. Signed by Judge Susan G. Braden. (dw1) Copy to parties.

Keywords: re: Pro Se; Subpoena Duces Tecum; RCFC 56(d) (when discovery is required to defeat a motion for summary judgment).

REDACTED REPORTED OPINION denying Government's Motion to Dismiss; granting Government's Cross-Motion for Judgment on the Administrative Record; Denying Plaintiff's Motion for Judgment on the Administrative Record. Signed by Judge Elaine D. Kaplan.

Keywords: Post-award Bid Protest; Best-Value Negotiated Procurement conducted under FAR Part 15; FAR 15.305; FAR 15.308 Motion to Dismiss; RCFC 12(b)(1); Standing; Tradeoff

REPORTED OPINION granting Defendant-Intervenor's Motion for Leave to File Sur-Reply; granting [48] Defendant-Intervenor's Motion to Strike Plaintiff's Response to Motion for Leave to File Sur-Reply; granting in part and denying in part [37] Motion to Compel Discovery Responses from Defendant-Intervenor. Signed by Judge Charles F. Lettow.

Keywords: re: Order on Motion for Leave to File, Order on Motion to Strike, Order on Motion to Compel, Reported Opinion. Patent case; discovery dispute; attorney-client privilege; work-product protection; claw-back request; RCFC 26(b)(5)(B); Fed. R. Evid. 502(b); compelled production of documents from an affiliated nonparty foreign corporate entity that joined with the party in development of the allegedly infringing product; discovery related to nonaccused products

REPORTED OPINION. Signed by Judge Marian Blank Horn.

Keywords: re: Bid Protest; Jurisdiction; Task Orders, Federal Acquisition Streamlining Act, 10 U.S.C. § 2304c(e). (ajh) Modified on 7/21/2014 (jt1).

REPORTED ORDER granting in part and denying in part Motion for Summary Judgment. Signed by Senior Judge Eric G. Bruggink. (jpk1) Copy to parties.

Keywords: re: Order on Motion for Summary Judgment, Reported Order.Patents; Means-plus-function limitations; 35 U.S.C. § 112; Indefiniteness.

REPORTED ORDER granting in part and denying in part defendant's motion for a protective order. Signed by Judge Margaret M. Sweeney.

REPORTED ORDER granting Motion to Stay and for Discovery pursuant to Rule 56(d). Signed by Judge Thomas C. Wheeler.

Keywords: re: Order on Motion to Stay, Reported Order: Tax Case; Treasury Cash Grant; Rule 56(d) Request for Discovery; When to Allow Discovery and Stay Motion for Summary Judgment; Theisen Vending Test; Sale-leaseback Agreement.

REPORTED OPINION. Signed by Judge Marian Blank Horn.

REPORTED OPINION (public version of sealed Opinion issued June 30, 2014). Signed by Chief Judge Patricia E. Campbell-Smith.

Keywords: re: Reported Opinion: Post-Award Bid Protest; Cross-Motions for Judgment on the Administrative Record; Whether the GAO Decision was Rational.

REPORTED OPINION denying Motion to Strike Plaintiffs' Unauthorized Rebuttal Expert Report. Signed by Judge Charles F. Lettow. (jt1) Copy to parties.

Keywords: re: Time for filing expert rebuttal reports where a scheduling order issued by the court does not specify a time; RCFC 26(a)(2)(D)(ii); exercise of judicial discretion.

REPORTED OPINION granting in part and denying in part Motion for Partial Summary Judgment. Signed by Judge Lawrence J. Block.

Keywords: re: Eichleay damages; Field overhead damages; Home office overhead damages; Contract Disputes Act; Summary judgment.

REPORTED OPINION and ORDER (Reissuance of Sealed Opinion and Order, filed June 18, 2014 for publication). Signed by Judge Elaine D. Kaplan.

Keywords: re: Military Pay Act, 37 U.S.C. § 204; Judicial Review of Military Decisions; DoDI 1241.2; Extended Active Duty; DoDI 6485.01; Human Immunodeficiency Virus (HIV); Disability Evaluation System (DES); Constructive Service Doctrine; Unauthorized Acts by Government Agents(dls) Modified on 7/22/2014 (jt1).

REPORTED OPINION. Signed by Senior Judge Eric G. Bruggink.

Keywords: re: Bid protest; Small Business Set-Asides; Statutory Construction; Rule of Two. (md) Modified on 7/21/2014 (jt1).

REPORTED OPINION and ORDER granting Motion for Leave to Proceed in forma pauperis for the limited purpose of addressing the court's jurisdiction; finding that the court lacks jurisdiction over plaintiff's claim; and directing the Clerk to transfer plaintiff's complaint to the U.S. District Court for the District of Columbia pursuant to 28 U.S.C. § 1631. Signed by Chief Judge Patricia E. Campbell-Smith.

Keywords: re: Reported Opinion and Order Pro Se; Lack of Subject Matter Jurisdiction; Transfer in the Interest of Justice under 28 U.S.C. § 1631. (dls) Modified on 7/11/2014 (jt1).

REPORTED OPINION denying Motion for Summary Judgment; granting [127] Cross Motion. The Clerk is directed to enter judgment. Signed by Judge Marian Blank Horn. (jm5) Copy to parties. Modified on 7/24/2014 (corrected pdf) (jt1).

Keywords: re: RCFC 56 Motions for Summary Judgment; Takings; Equitable Estoppel; Lost Grant; Adverse Possession; Statute of Limitations. (jm5) Modified on 7/10/2014 (jt1).

REPORTED OPINION granting Plaintiff's Motion for summary judgment on contract liability, and denying [41] Defendant's Cross Motion for summary judgment on contract liability. The parties are directed to file a proposed schedule for briefing on summary judgment on damages no later than July 21, 2014. Signed by Chief Judge Patricia E. Campbell-Smith.

Keywords: re: Order on Cross Motion [Dispositive], Reported Opinion, Cross-Motions for Summary Judgment; RCFC 56(a); Breach of Contract; Contract Interpretation; Risk-Shifting Contract Language

REPORTED OPINION Notice of Compliance due by 7/30/2014. Signed by Chief Judge Patricia E. Campbell-Smith.

Keywords: re: Reported Opinion Election Doctrine; Motion to Dismiss for Lack of Jurisdiction, RCFC 12(b)(1)