USCFC General Jurisdiction-Reported

REPORTED OPINION. Signed by Judge Richard A. Hertling. (abg) Service on parties made.

Keywords: re: Pre-Award Bid Protest; Late Quote; RCFC 52.1; Judgment on the Administrative Record; Administrative Record; 28 U.S.C. Section 1491(b).

REPORTED OPINION The Clerk is directed to enter judgment. Defendant shall make any filings pursuant to Rule 54(d) within 30 days of the date of final judgment. Signed by Judge Thomas C. Wheeler. (ez) Service on parties made.

Keywords: re: Reported Opinion 26 U.S.C. § 4251; Federal Excise Tax; Tax Refund; Prepaid Telephone Cards; Telecommunications Carrier; Transferee; Telecommunications Carrier Affiliate; Alter Ego

REPORTED OPINION of the court's opinion issued under seal on July 24, 2019, see denying [44] Motion for Judgment on the Administrative Record; denying [45] Motion to Supplement the Administrative Record; denying [48] Cross Motion; granting [51] Motion to Dismiss; granting [21] Motion to Supplement the Administrative Record. On or before 7/31/2019, defendant shall FILE a Notice of the filing of the declarations of Ambros D. Montoya and David Shahady, attaching the declarations as presented in defendant's motion, ECF Nos. 21-1 and 21-2, as a separate docket entry in this matter. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made.

Keywords: re: Reported Opinion. Motion to Dismiss; RCFC 12(b)(1); Motion for Judgment on the Administrative Record; RCFC 52.1; Motion to Supplement the Administrative Record; Dismissal for Lack of Jurisdiction; RCFC 12(h)(3). (TQ)

REPORTED OPINION & ORDER: denying Motion to Dismiss for lack of subject-matter jurisdiction and failure to state a claim; granting [26] Plaintiffs' Motion for Leave to File First Supplemental Memorandum; and denying as moot [26] Plaintiffs' Motion to Conduct Discovery into Jurisdiction. Joint Status Report providing a proposed plan for discovery and other proceedings due by 9/6/2019). Signed by Senior Judge Charles F. Lettow.

Keywords: re: Takings claim; Louisiana Commandeering Order responding to Hurricane Katrina; jurisdiction; effect of prior state suits; post-emergency federal action prompting permanent taking claim.

REPORTED ORDER. Signed by Senior Judge Victor J. Wolski. (ef) Service on parties made.

REPORTED MEMORANDUM OPINION AND ORDER. Signed by Judge Lydia Kay Griggsby. (jw) Service on parties made.

Keywords: Pre-Award Bid Protest; Judgment Upon the Administrative Record; RCFC 52.1; Motion To Supplement The Administrative Record re: Reported Memorandum Opinion and Order.

Granting Motion to Dismiss - Rule 12(b)(1) and (6); REPORTED OPINION The Clerk is directed to enter judgment. Signed by Senior Judge Nancy B. Firestone. (gd) Service on parties made.

Keywords: re: Order on Motion to Dismiss. Motion to Dismiss; RCFC 12(b)(1); RCFC 12(b)(6); Subject Matter Jurisdiction; Failure to State a Claim; Contract Interpretation; Contract Disputes Act; Implied Covenant of Good Faith and Fair Dealing; Unjust Enrichment.

REPORTED OPINION. Signed by Senior Judge Marian Blank Horn. (td) Service on parties made.

Keywords: Post-Award Bid Protest; Motion to Dismiss; Cross-Motions for Judgment on the Administrative Record; Standing; Solicitation Interpretation; Waiver; Clarifications; Best-Value Tradeoff.

REPORTED OPINION AND ORDER: denying Plaintiffs' Motion for Preliminary Injunction; denying [6] Plaintiffs' Motion for TRO; denying [25] Defendant's Cross-Motion to Dismiss; denying Defendant-Intervenor's [29] Motion to Dismiss. Signed by Senior Judge Charles F. Lettow.

Keywords: re: OPINION AND ORDER: Application for a temporary restraining order; motion to dismiss for lack of subject matter jurisdiction; 28 U.S.C. § 1500; the Randolph-Sheppard Act, 20 U.S.C. §§ 107-107f; requirements for a temporary restraining order.

REPORTED OPINION. The Clerk is directed to enter judgment. Signed by Senior Judge Loren A. Smith. (mr) Service on parties made.

Keywords: Termination for Default; Termination for Convenience; Bad Faith; Breach of Contract. Re: Reported Opinion.

REPORTED ORDER. Signed by Senior Judge Marian Blank Horn. (td) Service on parties made.

Keywords: Motion for Relief from Judgment; RCFC 60(b)(2); Organizational Conflict of Interest; Newly Discovered Evidence.

REPORTED OPINION: reflecting redactions from the opinion and order previously entered on July 23, 2019. Signed by Senior Judge Charles F. Lettow.

Keywords: re: Reported Opinion: Post-award bid protest; propriety of the procuring agencys technical evaluation; claim of unequal treatment

REPORTED OPINION denying Motion for Judgment on the Administrative Record; denying [106] Motion for Judgment on the Administrative Record; denying [107] Motion for Judgment on the Administrative Record; denying [108] Motion for Judgment on the Administrative Record; granting [114] Cross-Motion for Judgment on the Administrative Record. The Clerk is directed to enter judgment for the Government. Signed by Judge Thomas C. Wheeler. (dh) Service on parties made.

Keywords: Rational Basis Standard; Competition in Contracting Act; Bundling; Consolidation; Agency Discretion; Presumption of Regularity; Motion for Permanent Injunction; 28 U.S.C. § 1491(b); Denying Injunctive Relief, re: Order on Motion for Judgment on the Administrative Record, Order on Cross-Motion for Judgment on the Administrative Record, Reported Opinion.

REPORTED OPINION denying Motion for Reconsideration - Rule 59(a). Signed by Chief Judge Margaret M. Sweeney. (lfh) Service on parties made.

Keywords: re: Order on Motion for Reconsideration - Rule 59(a), Reported Opinion, RCFC 59(a)(1)(A), Reconsideration, RCFC 12(b)(1), Subject-Matter Jurisdiction, Tucker Act Preemption, 28 U.S.C. § 1631, Judicial Transfer, Medicare Act.

REPORTED ORDER and Opinion granting in part and denying in part Motion for Judgment on the Administrative Record; granting in party and denying in part [31] Response and Cross-Motion. This case is hereby remanded to the Army Board for Correction of Military Records for a period not to exceed six months from the date that this order is served on the board. The Clerk of Court is directed to serve a certified copy of this remand order and opinion on the Army Board for Correction of Military Records.. Signed by Senior Judge Eric G. Bruggink. (jpk1) Service on parties made.

Keywords: re: Order and Opinion on Motion for Judgment on the Admin. Record: Military Pay; Failure to promote; Wrongful discharge; Administrative review; Army Board for Correction of Military Records; Arbitrary and capricious; Promotion Selection Board; Special Selection Board; OMPF; General Officer Memorandum of Reprimand; Material error; Education requirement waiver; Remand.

**RE-DOCKETED FOR ADMINISTRATIVE PURPOSES** REPORTED OPINION denying Motion for Summary Judgment; granting [57] Motion for Summary Judgment. Signed by Senior Judge Marian Blank Horn. (dls) Service on parties made.

Keywords: re: Summary Judgment; Breach of Contract; Settlement Agreement.

PUBLIC OPINION. The Clerk is directed to enter judgment. Signed by Judge Elaine D. Kaplan. (feb) Service on parties made.

Keywords re [39]: Bid Protest; IDIQ; U.S. Army; Cost Realism Analysis; FAR 15.404 1; Probable Cost Adjustment; Clarification; Clerical Error Reported Opinion

REPORTED OPINION (Reissuance of July 19, 2019 Sealed Opinion). Signed by Senior Judge Eric G. Bruggink. (wr) Service on parties made.

Keywords: re: Reported Opinion: Pre-award bid protest; 10 U.S.C. § 2304a(d)(3)-(4) (2012); 48 C.F.R. § 16.504(c) (2018); single award determination; gate criteria; qualification requirement; individual conflict of interest; organizational conflict of interest.

REPORTED ORDER Denying Motion to Supplement the Administrative Record. Signed by Judge Richard A. Hertling. (ag) Service on parties made.

REPORTED OPINION. Defendant's Motion to Dismiss - Rule 12(b)(1) and (6); is GRANTED. In addition, plaintiff's [13] Cross Motion for summary judgment is DENIED as moot. The Clerk is directed to ENTER final judgment DISMISSING plaintiff's complaint for lack of subject matter jurisdiction, without prejudice. Signed by Judge Patricia E. Campbell-Smith. (hw1) Service on parties made. Plaintiff served via Certified Mail, Article Number 7018 0040 0001 1393 1792.

Keywords: Motion to Dismiss; Lack of Subject Matter Jurisdiction; RCFC 12(b)(l ); Military Whistleblower Protection Act; 10 U.S.C. § 1034 (2012); Administrative Procedure Act; 5 U.S.C. § 702 (2012); Statute of Limitation; 28 U.S.C. § 2501 (2012).