USCFC General Jurisdiction-Reported

REPORTED OPINION granting Motion for Judgment on the Administrative Record and denying [11] Cross-Motion. The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler.

Keywords: re: Review of Wrongful Military Discharge Allegations; Violation of Military Protective Order; Standard of Review; Administrative Record

See Order of August 12, 2016 Withdrawing REPORTED OPINION and ORDER granting Amended Motion to Dismiss - Rule 12(b)(1). The Clerk is directed to enter judgment. No costs. Signed by Chief Judge Patricia E. Campbell-Smith. (dls) Copy to parties. (USPS Tracking No. 9114 9014 9645 0594 5521 46)

Keywords: re: Pro Se Complaint; Motion for Sanctions; RCFC 11; RCFC 6.1. (dls)Keywords: re: [20] Pro Se Complaint; Dismissal for Lack of Subject Matter Jurisdiction; Tax Refund Claim; Takings Claim; Suit precluded by previous actions in Tax Court; I.R.C. § 6512(a).

REPORTED OPINION denying Motion for Summary Judgment and granting [91] Cross-Motion for Summary Judgment. The Clerk is directed to enter judgment. Signed by Senior Judge Loren A. Smith.

Keywords: re: RCFC 56; Overtime Compensation Claim; Fair Labor Standards Act

REPORTED OPINION. The Clerk is directed to enter judgment in favor of Defendant. Signed by Judge Thomas C. Wheeler.

Keywords: re: Post-award Bid Protest; Remand to Agency for Responsibility Determination Following Receipt of New Information; Offerors Duty to Disclose Criminal Activity of Parent Corporation and Former Principals.

REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1) and (6). The Clerk is directed to enter judgment. [USPS Tracking #9114 9999 4431 3548 1337 94] Signed by Judge Susan G. Braden.

Keywords: re: 28 U.S.C. § 1941; Rules of the United States Court of Federal Claims ("RCFC"), RCFC 12(b)(1), RCFC 12(b)(6).

REPORTED OPINION granting Motion for Judgment on the Administrative Record; denying [18] Cross Motion. The Clerk is directed to enter judgment. Signed by Judge Mary Ellen Coster Williams. (TF3) Copy to parties.

Keywords: re: Military Discharge; Judgment on the Administrative Record; Legal Hold; Retirement; Drop from Rolls; Military Control; Supervised Release; SECNAVINST 1620.6C. (TF3)

REPORTED OPINION granting Motion to Dismiss; and dismissing as moot, plaintiff's motion for summary judgment. The Clerk is directed to enter judgment. Signed by Judge Marian Blank Horn. (dls) Copy to parties. (USPS Tracking No. 9114 9014 9645 0594 5520 23)

Keywords: re: Pro Se Plaintiff; Subject Matter Jurisdiction; Attorney Representation for a Business Entity; RCFC 83.1(a)(3); Standing.

REPORTED OPINION. Signed by Senior Judge Eric G. Bruggink. (jpk1) Copy to parties.

Keywords: re: Reported OPINION: Bid Protest; Assertions of Bias; Irrationality; Failure to Document.

REPORTED OPINION and ORDER granting Motion for Leave to Proceed in forma pauperis; granting [7] Motion to Dismiss - Rule 12(b)(1). The Clerk is directed to enter judgment. Signed by Judge Margaret M. Sweeney. (dls) Copy to parties. (USPS Tracking No. 9114 9999 4431 3548 1061 49)

Keywords: re: Tucker Act: 28 U.S.C. § 1491; Pro Se Plaintiff; Motion to Dismiss; RCFC 12(b)(1); Tax Refund; Wrongful Levy; IFP Application.

REPORTED OPINION granting Motion for Attorney Fees and [305] Motion for Attorney Fees. The Clerk is directed to enter judgment. Signed by Judge Margaret M. Sweeney. (kb1)

Keywords: re: Reported Opinion on Motion for Attorney Fees - Application for Attorneys Fees and Expenses Under the EAJA; Antiassignment Act; Prevailing Party; Substantial Justification; Application of VASRD § 4.129 to Service Members Discharged With PTSD; 10 U.S.C. Chapter 61; Adequacy of Supporting Documentation

REPORTED OPINION and ORDER granting the government's motion for summary judgment as to the Border Patrol Agent plaintiffs' FSLA claims and denying plaintiffs' motion for summary judgment as to those claims. Signed by Judge Elaine D. Kaplan. (Attachments: # (1) Appendix List of BPA Plaintiffs)(kb) Copy to parties. Modified on 4/10/2017 to edit docket text for clarity.

Keywords: re: Fair Labor Standards Act; 29 U.S.C. §§ 201219; Time spent in training; 5 C.F.R. § 551.423; Summary Judgment; RCFC 56(a).

REPORTED OPINION denying in part and granting in part Motion to Transfer. Telephonic status conference set for 9/15/2016 at 11:00 a.m. E.D.T. Signed by Judge Mary Ellen Coster Williams. (TF3) Copy to parties.

Keywords: re: Contract Disputes Act, 41 U.S.C. § 7101 et seq; Transfer; Time Limit for Appealing Contracting Officers Decision; Time-Barred Appeal; Waiver of Sovereign Immunity. (TF3)

REPORTED OPINION granting in part and denying in part Motion for Attorney Fees. Proposed final judgment due by 8/31/2016. Signed by Senior Judge Nancy B. Firestone.

Keywords: re: Order on Motion for Attorney Fees; Reported Opinion; Equal Access to Justice Act, 28 U.S.C. § 2412; Government Position Not Substantially Justified; Reasonable Attorney Fees; Multiple Attorneys

REPORTED OPINION and ORDER granting Motion to Dismiss - Rule 12(b)(1). The Clerk is directed to enter judgment. Signed by Judge Elaine D. Kaplan.

Keywords: re: Pro Se Plaintiff; Motion to Dismiss for Lack of Subject Matter Jurisdiction; RCFC 12(b)(1); Trusts; 31 U.S.C. § 1321; Transfer; 29 U.S.C. § 1631.

REPORTED OPINION Denying Plaintiff's Motion for Judgment on the Administrative Record and Granting Defendant's Motion for Judgment on the Administrative Record. Signed by Judge Elaine D. Kaplan.

Keywords: re: Reported Opinion; Post-Award Bid Protest; Judgment on the Administrative Record; Technical Evaluation; Past Performance Evaluation; Best-Value Determination.

REPORTED OPINION: The court finds that the plaintiffs have suffered a permanent physical taking of their property interests for which just compensation is due. The court awards the plaintiffs $610,962.97, measured by the size of the property taken (10.31 cuerdas or 10.01 acres) multiplied by a per-cuerda property value of $59,259.26. The court also awards interest on that amount at the rate of return reflected by the Moody's Long-Term Aaa Corporate Bond Index, compounded quarterly, from June 22, 2006 to the date the judgment is actually paid. Final judgment to this effect shall be issued under RCFC 54(b) because there is no just reason for delay. The clerk shall enter final judgment as specified. Signed by Judge Charles F. Lettow. (aj) (Main Document 142 replaced on 7/18/2016)at request of chambers

Keywords: re: Reported Opinion: Post-trial decision, alleged taking of a parcel of land on Culebra Island, Puerto Rico; standards for taking; ownership of property under Puerto Rican law; the government's claims of ownership; interference with and appropriation of plaintiffs' property interests; measure of just compensation.

REPORTED OPINION denying Motion to Dismiss - Rule 12(b)(1) and (6); granting [9] Motion to Intervene. The New York Oil Heating Fund's complaint as intervening plaintiff, proffered with is motion to intervene, is deemed to be filed as of the date of this decision. The government is requested to file its answers to plaintiffs' and plaintiff-intervenor's complaints by August 31, 2016. Signed by Judge Charles F. Lettow.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1) and (6), Order on Motion to Intervene, Reported Opinion: Action for breach of contract; subject matter jurisdiction under the Tucker Act, 28 U.S.C. § 1491(a); dispute over capacity of the government as a signatory to the contract; contractual claims not subject to the Contract Disputes Act; intervention as of right; RCFC 24(a).

REPORTED OPINION denying Motion to Dismiss - Rule 12(b)(1). Show Cause due by 8/30/2016. Signed by Judge Susan G. Braden.

Keywords: re: Patent Infringement; Rule 12(b)(1) of the Rules of the United States Court of Federal Claims (Subject Matter Jurisdiction).

REPORTED OPINION and ORDER granting Motion for Leave to Proceed in forma pauperis; denying as moot [12] Motion for Entry of Judgment under Rule 54(b); granting [13] Motion to Dismiss - Rule 12(b)(1) and (6); denying as moot [15] Motion to Strike ; and denying [21] Motion to Amend/Correct. The Clerk is directed to enter judgment. Signed by Judge Margaret M. Sweeney. (dls) Copy to parties. ((USPS Tracking Number 9114 9011 8986 6061 4450 89)

Keywords: re: Tucker Act; 28 U.S.C. § 1491; Pro Se Plaintiff; Motion to Dismiss; RCFC 129b)(1); RCFC 12(b)(6); Res Judicata; Civil Fraud; Student Loan Default.

REPORTED Order dismissing plaintiff's complaint for lack of jurisdiction. The Clerk is directed to enter judgment. Signed by Chief Judge Patricia E. Campbell-Smith. (dls) Copy to parties. (USPS Tracking Number 9114 9011 8986 6061 4450 72)

Keywords: re: Pro Se Complaint; Dismissal for Lack of Subject Matter Jurisdiction; Claim for constitutional violations; Not in Interest of Justice to Transfer Under 28 U.S.C. § 1631.