USCFC General Jurisdiction-Reported

REPORTED Opinion. Signed by Judge Marian Blank Horn.

REPORTED OPINION granting Defendant's Motion for Summary Judgment; denying [48] Plaintiffs' Cross Motion for Summary Judgment. The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler.

Keywords: re: Fifth Amendment Taking Claim; Presidents Termination of Lawsuits Against Libya; Foreign Claims Settlement Commission; Penn Central Factors; Analysis of Investment Backed Expectations and Economic Impact; Summary Judgment Based Upon Stipulated Facts.

REPORTED OPINION: The government's motion for judgment on the administrative record, ECF No. 21, is GRANTED. Plaintiff's cross-motion for judgment on the administrative record, ECF No. 23, is DENIED. The clerk is directed to enter judgment in accord with this disposition. Signed by Judge Charles F. Lettow.

Keywords: Military pay and disability claim; administrative separation based on nonjudicial conviction for malingering notwithstanding a referral by a Medical Evaluation Board to a Physical Evaluation Board; application of Army Regulations 635-40 and 635-200

REPORTED MEMORANDUM OPINION and ORDER granting Motion to Dismiss - Rule 12(b)(1). The Clerk is directed to enter judgment. Signed by Judge Victor J. Wolski.

Keywords: re: Motion to dismiss, RCFC 12(b)(1); bankruptcy trustee bonds, 11 U.S.C. § 322; no contract based on statutes and regulations; no jurisdiction over criminal matters; Joshua v. United States; RICO, 18 U.S.C. § 1961 et seq.; no money-mandating laws identified.

REPORTED OPINION--Filed this date. Signed by Senior Judge Bohdan A. Futey.

Keywords: re: Pre-Award Bid Protest; Historical Cost Information; Past Performance Evaluation; Lowest-Priced Technically Acceptable Offeror; Injunctive Relief; Motion To Strike Declaration.

REPORTED Order REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1) The Clerk is directed to enter judgment. Signed by Judge Susan G. Braden. (ej) Copy to parties. Modified on 11/21/2016 - correction to pdf (jt1).REPORTED Order REPORTED OPINION granting [23] Motion to Dismiss - Rule 12(b)(1) The Clerk is directed to enter judgment. Signed by Judge Susan G. Braden. (ej) Copy to parties. Modified on 11/21/2016 - correction to pdf (jt1).

Keywords: re: Full Payment Rule; 26 U.S.C. § 6320 (Notice and Opportunity for Hearing upon Filing of Notice of Lien); 26 U.S.C. § 6330 (Notice and Opportunity for Hearing Before Levy); 26 U.S.C. § 6511(a) (Period of Limitation on Filing Tax Refund Claim); 26 U.S.C. § 6532(a)(1) (Two-Year Statute of Limitations on Tax Refund Suits); 26 U.S.C. § 6532(a)(4) (Reconsideration After Mailing of Notice of Disallowance); 26 U.S.C. § 6672 (Failure to Collect and Pay Over Tax, or Attempt to Evade or Defeat Tax); 26 U.S.C. § 7422(a) (Civil Actions for Refund); Rule 12(b)(1) of the Rules of the United States Court of Federal Claims (Subject Matter Jurisdiction).

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

Keywords: re: Reported Order: Post-Award Bid Protest; Independent Government Estimate; Unbalanced Bid; Responsiveness; Modification of Bid; Anti-Deficiency Act; Advanced Payment.

REPORTED MEMORANDUM OPINION and FINAL ORDER granting Motion to Dismiss - Rule 12(b)(1). The Clerk is directed to enter judgment. Signed by Judge Susan G. Braden.

Keywords: re: Military Pay Act, 37 U.S.C. § 204; 28 U.S.C. § 2501 (Time for Filing Suit); RCFC 12(b)(1) (Subject Matter Jurisdiction).

REPORTED OPINION and ORDER granting Motion to Dismiss - Rule 12(b)(1). The Clerk is directed to enter judgment dismissing plaintiff's complaint. No costs. Signed by Judge Margaret M. Sweeney.

Keywords: re: Tucker Act; 28 U.S.C. § 1491; Pro Se Plaintiff; Motion to Dismiss; RCFC 12(b)(1); Tax Refund Claim; Full Payment Rule; Wrongful Levy Claim; 26 U.S.C. § 7426.

REPORTED OPINION granting in part and denying in part Motion for Bill of Costs. Signed by Judge Thomas C. Wheeler.

Keywords: re: Taxation of Costs; Fees of the Clerk; Fees of the Reporter for Trial Transcripts; Fees for Witnesses; Costs for Duplication of Papers; Costs Incident to Taking Depositions; Other Costs; Downward Reduction for Limited Success.

(Re-Docketed for Administrative Purposes Only) REPORTED ORDER: Granting in part with regard to the back pay claim but otherwise Denied Motion to Dismiss - Rule 12(b)(1) and (6), and Remanded to the Board for Correction of Naval Records for a period not to exceed six months. The case is stayed pending the results of the remand. Signed by Judge Charles F. Lettow.

Keywords: Military back pay and disability retirement claims;applicability of the six-year statute of limitations set out at 28 U.S.C. § 2501 to the back pay claim; issue preclusion as to that claim; jurisdiction over the disability retirement claim; remand.

REISSUANCE of June 2, 2016 opinion, and ORDER FOR PUBLICATION. Signed by Senior Judge Loren A. Smith.

Keywords: re: Pre-award Bid Protest

REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(6). The Clerk is directed to enter judgment. Signed by Judge Marian Blank Horn.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(6), Reported Opinion: Military Pay; Promotion; Motion to Dismiss for Failure to State a Claim; Cross-Motions for Judgment on the Administrative Record; Motion to Supplement the Administrative Record.

REPORTED OPINION Denying Defendant's Motion to Dismiss - Rule 12(b)(6) [10]; Granting Defendant's Motion for Summary Judgment on the issue of whether Plaintiff's involuntary retirement was lawful under 10 U.S.C. Section 1169; and Denying Plaintiff's Cross-Motion for Summary Judgment on that issue [14]; Granting Defendant's Motion to File a Sur-Reply [28]; Denying Defendant's Motions to Strike [20], [26]; Denying Plaintiff's Motion to Supplement the Administrative Record as Moot; and Holds in Abeyance the parties' Cross-Motions for Summary Judgment re: the question of whether Plaintiff is entitled to a hearing before an Enlisted Personnel Board pursuant to 14 U.S.C. 357. The Court further Orders the parties to file Initial briefs on or before July 15, 2016; Responsive supplemental briefs on or before August 5, 2016; and Reply briefs on or before August 12, 2016. Signed by Judge Lydia Kay Griggsby.

Keywords: re: RCFC 12(b)(6); RCFC 12(d); RCFC 52.1; RCFC 56; the Military Pay Act, 37 U.S.C. § 204; 10 U.S.C. § 1169; 14 U.S.C. § 357 [32]

REPORTED Order The Clerk is directed to enter judgment. Signed by Judge Susan G. Braden.

REPORTED ORDER Notice of Compliance due by 6/17/2016.. Signed by Judge Susan G. Braden.

REPORTED OPINION (public version of sealed Opinion and Order issued March 2, 2016). Signed by Chief Judge Patricia E. Campbell-Smith.

Keywords: re: Fraud Upon the Court; Fraud by an Opposing Party; Relief from Judgment; RCFC 60; RCFC 53(f); Remand Pursuant to Fed. R. App. P. 12.1.

REPORTED OPINION. Signed by Senior Judge Nancy B. Firestone.

Keywords: re: Military Pay Act, 37 U.S.C. § 204; Military Whistleblower Protection Act, 10 U.S.C. § 1034; Lack of Jurisdiction; Administrative Remedies

REPORTED OPINION denying Motion for Judgment on the Administrative Record; denying [49] Cross-motion for Judgment on the Administrative Record. This case shall be REMANDED to the Department of Defense Physical Disability Board of Review for further proceedings. This case is otherwise STAYED until 12/8/2016. Joint status reports due 9/7/2016 and 12/6/2016. Signed by Chief Judge Patricia E. Campbell-Smith.

Keywords: re: Order on Motion for Judgment on the Admin. Record, Reported Opinion, Military Pay; Physical Disability Board of Review (PDBR); Motion for Judgment on the Administrative Record; RCFC 52.1

REPORTED OPINION finding as moot Motion to Strike; denying [42] Motion to Dismiss - Rule 12(b)(1); finding as moot [52] Motion to Remand; granting [23] Motion for Judgment on the Administrative Record; finding as moot [33] Motion to Supplement the Administrative Record; denying [35] Motion for Judgment on the Administrative Record; granting in part [36] First Counterclaim. The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler.

Keywords: re: Action for Review of Military Records; Assistant General Counsels Reversal of Decision by Board for Correction of Naval Records; Standard of Review; Counterclaim for Return of Funds Erroneously Paid to Plaintiff.