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Keywords: re: Clean Water Act; mitigation bank; contract; regulatory function; subject matter jurisdiction
Keywords: re: Summary Judgment; Rails to Trails; Scope of Easement; Abandonment; New York Law
Keywords: re: Reported Opinion Bid Protest; Motion to Dismiss; Mootness; Corrective Action
Keywords: re: Tucker Act; 28 U.S.C. § 1491; Motion to Dismiss for Lack of Subject Matter Jurisdiction; RCFC 12(b)(1); Waiver of Sovereign Immunity; Privity of Contract; Equitable Subrogation; General Liability Insurer; Miller Act Surety
Keywords: re: Bid Protest; Competition in Contracting Act of 1984 (CICA), 31 U.S.C. § 3553 (Automatic Stay);Federal Acquisition Regulations (FAR) 48 C.F.R. §§ 19.508(e) (Solicitation provisions and contract clauses), 52.219-14(c)(1) (Limitations on subcontracting);26 U.S.C. § 401K (Qualified pension, profit-sharing, and stock bonus plans);15 U.S.C. §§ 644(o) (Awards or Contracts); 13 C.F.R. §125.1 (g) (Programs included). (ct) Modified on 11/18/2014 (jb)--corrected docket text.
Keywords: re: Patent case; claim construction for U.S. Patent No. 7,781,693.
Keywords: re: Jurisdiction; Motion to Dismiss, RCFC 12(b)(1), 12(b)(6); Res Judicata; Pro Se; 10 U.S.C. Sec. 1201 (Regulars and members on active duty for more than 30 days: retirement); 10 U.S.C. Sec. 1202 (Regulars and members on active duty for more than 30 days: temporary disability retired list); 10 U.S.C. Sec. 1203 (Regulars and members on active duty for more than 30 days: separation); 10 U.S.C. Sec. 1208 (Computation of service); 10 U.S.C. Sec. 1209 (Transfer to inactive status list instead of separation); 10 U.S.C. Sec. 1210 (Members on temporary disability retired list: periodic physical examination; final determination of status); 10 U.S.C. Sec. 12731 (Age and service requirements); 10 U.S.C. Sec. 12738 (Limitations on revocation of retired pay); 28 U.S.C. Sec. 1491 (Claims against United States generally; actions involving Tennessee Valley Authority).
Keywords: re: Civil employment; Motion for summary judgment RCFC 56; Living quarters allowance (LQA); Plaintiff did not meet eligibility requirements under DSSR § 031.12(b); Summary judgment motion granted.
Keywords: re: Clean Water Act, 33 U.S.C. §§ 1311(a), 1342(a), 1344(a), 1362(7), (12)(14); Tucker Act, 28 U.S.C. § 2501 (Statute of limitations);Wetlands Mitigation Bank;33 C.F.R. §§ 32032, 332.3(a)(1) (General compensatory mitigation requirements), 332.8(o)(3) (Credit production); 40 C.F.R. § 230.10(d) (Restrictions on discharge);60 FED. REG. 58,605-02, 58,606 (Nov. 28, 1995) (defining wetlands mitigation banking).
Keywords: re: Settlement;Summary Judgment, RCFC 56;48 C.F.R. § 2.101 (Contracting Officer And Contracting Officers Technical Representative);48 C.F.R. § 52.212-4(m) (Termination For Cause).
Keywords: re: Reported Opinion: Bid Protest; DoD's Sustainment Management System; Subject Matter Jurisdiction; Standardization Decision; Distributed Solutions; Definition of Procurement.
Keywords: re: Reported Order - post-award bid protest; United States Marine Corps; supplementation of administrative record; extra-record evidence of bad-faith or bias; declaration containing specific allegations of bias; conduct hard to explain absent bias; hard facts sufficient to support discovery.
Keywords: re: Patent case; motions to compel the production of documents from a CRADA partner of the government and from one of the governments national laboratories; RCFC 26(b)(1)-(2), (g)(1); application of proportionality considerations to plaintiffs discovery requests; classified documents.
Keywords: re: 28 U.S.C. § 1491(b)(1); Post-award Bid Protest; Best-Value Negotiated Procurement Conducted under FAR Part 15; FAR 15.305; FAR 15.308; PastPerformance; Neutral Rating; Tradeoff; RCFC 52.1
Keywords: re: Class action RCFC 23; Premium pay; Sunday premium pay under 5 U.S.C. §§ 5544(a) and 5546(a); Fathauer; Part-time employees; Numerosity; Commonality; Typicality; Adequacy; Superiority; Motion for class action under RCFC 23 allowed, in part.
Keywords: re: Interest Netting under 26 U.S.C. § 6621(d); Same Taxpayer; Merged Corporations (sr) Modified on 11/10/2014 (jt1).
Keywords: re: Post-award bid protest; challenge to decertification of Service-Disabled Veteran-Owned Small Business for eligibility for an award of a construction contract as to which it was the apparent responsible, responsive lowest-cost bidder; protestor's lack of opportunity to address issue treated as dispositive by the agency; procedural due process; 5 U.S.C. § 555; unconditional nature of service-disabled veteran's majority ownership of the business; prejudice; remedy.