USCFC General Jurisdiction-Reported

Reissuance of Opinion and Order Filed Under Seal 2/25/16. Signed by Judge Elaine D. Kaplan.

Keywords: re: Motion to Stay Judgment Pending Appeal; RCFC 62(c); Injunction

REPORTED OPINION denying Motion for Summary Judgment; granting [40] Cross Motion for Summary Judgment. The Clerk is directed to enter judgment. Signed by Judge Elaine D. Kaplan. (bl) Copy to parties. (Main Document 49 replaced on 2/29/2016 to correct spelling of counsel's name.)

Keywords: re: Summary Judgment; Tax Refund; I.R.C. § 6415; Federal Communications Excise Tax; I.R.C. § 4251; Prepaid Telephone Card; Treas. Reg. § 49.4251-4; I.R.S. Notice 2006-50

REPORTED OPINION finding as moot Motion to Intervene; finding as moot [5] Motion to Intervene; granting [11] Motion to Dismiss The Clerk is directed to enter judgment. Signed by Judge Susan G. Braden.

Keywords: re:28 U.S.C. § 1491 (Tucker Act Jurisdiction); Rule 12(b)(1) of the Rules of the United States Court of Federal Claims (Motion to Dismiss).

REPORTED ORDER granting Motion for Summary Judgment; ( Status Report due by 4/25/2016). Signed by Judge Susan G. Braden. (Attachments: # (1) Exhibit - Court Exhibits A, B, and C)

Keywords: re:28 U.S.C. § 1491(b)(1)(Tucker Act Jurisdiction);42 U.S.C. § 1437f (Section 8);Consolidated Appropriations Act, 2008, Pub. L. No. 110-161, 121 Stat. 1844, 24102440 (2007); Omnibus Appropriations Act, 2009, Pub. L. No. 111-8, 123 Stat. 524, 952958 (2009); Omnibus Consolidation Rescissions & Appropriations Act of 1996, Pub. L. No. 104-134, 110 Stat. 1321 (1996); RESTATEMENT (SECOND) OF CONTRACTS §§ 23 cmt. b, 153(b), 154, 178, 204, 214 cmt. d (1981); Rules of the United States Court of Federal Claims (RCFC) RCFC 56(c) (Summary Judgment).

ORDER dismissing the complaint. The Clerk is directed to enter judgment. Signed by Judge Marian Blank Horn.

Keywords: re: Opinion Pro Se Plaintiff; In Forma Pauperis Application; request for Appointment of Counsel; Lack of Subject Matter Jurisdiction

Reissuance of Opinion and Order Filed Under Seal 2/12/16. Signed by Judge Elaine D. Kaplan.

Keywords: re: Bid Protest; Contract Disputes Act; Requests for Modification; Federal Supply Schedule; 48 C.F.R. § 515.408; Commercial Sales Practices; Interpretation of Regulations; Plain Meaning; Lack of Good Faith; De Facto Debarment.

REPORTED ORDER: The government's motion to dismiss is DENIED in part and otherwise DEFERRED for prudential reasons, awaiting resolution of pending administrative proceedings. On or before March 11, 2016, defendant shall file an answer to plaintiffs' amended complaint. Signed by Judge Charles F. Lettow.

Keywords: Indian breach-of-trust case; standing of heirs to challenge BIA's actions respecting estate assets; motion to dismiss for failure to state a claim; RCFC 12(b)(6); time of vesting of heirs' property interests; BIA's money-mandating fiduciary duties in entering and approving leases of Indian agricultural lands and mineral rights

REPORTED OPINION and ORDER denying Motion for Leave to Proceed in forma pauperis; and dismissing plaintiff's complaint for lack of jurisdiction. No costs. The Clerk is directed to enter judgment. Signed by Judge Margaret M. Sweeney.

Keywords: re: Pro Se Plaintiff; Lack of Jurisdiction; Failure to State a Claim; Patent; Statute of Limitations; Application to Proceed In Forma Pauperis; 28 U.S.C. § 1498; RCFC 12(b)(1); RCFC 12(b)(6).

REPORTED OPINION. The court dismisses plaintiffs' complaint with prejudice. The Clerk is directed to enter judgment. Signed by Judge Margaret M. Sweeney. (kb1)

Keywords: re: Reported Opinion - Trial; Income Tax Refund; Theft Loss; IRC § 165; 26 C.F.R. §§ 1.165-1, 1.165-8; Securities Fraud; Pump-and-Dump Scheme; Reasonable Prospect of Recovery; Ascertain With Reasonable Certainty

REPORTED OPINION granting in part and denying in part Motion to Dismiss The Clerk is directed to enter judgment. Signed by Senior Judge Eric G. Bruggink. (bz1) Copy to parties.

Keywords: re: Tax refund; motion for summary judgment; carryback of net operating loss; 26 U.S.C. § 172(b)(1)(H); financial disability; 26 U.S.C. § 6511(h)

REPORTED OPINION granting in part and denying in part Motion to Dismiss - Rule 12(b)(1) and (6). Signed by Judge Nancy B. Firestone.

Keywords: re: Reported Opinion; Indian Tribe Claims; Breach of Trust Obligations; Breach of Fiduciary Duty; Indian Tucker Act, 28 U.S.C. § 1505; Arizona-Florida Land Exchange Act of 1988, Pub. L. No. 100-696; 25 U.S.C. § 162a; American Indian Trust Fund Management Reform Act of 1994, Pub. L. No. 103-412; Motion to Dismiss; Subject Matter Jurisdiction; Rule 12(b)(1); Failure to State a Claim; Rule 12(b)(6); Statute of Limitations; 28 U.S.C. § 2501; Ripeness

REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1). The Clerk is directed to enter judgment. Signed by Judge Marian Blank Horn.

Tax; Motion to Dismiss; RCFC 12(b)(1); 26 U.S.C. § 6672; Trust Fund Recovery Penalty; Full Payment Rule; Divisible Taxes. Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1), Reported Opinion

REPORTED OPINION denying Motion for Judgment on the Administrative Record; granting [14] Cross Motion. The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler.

Keywords: re: Pre-award Bid Protest; Late Submittal of Proposal; FedConnect Electronic Filing System; FAR 52.215-1.

REPORTED OPINION AND ORDER, reflecting redactions from the opinion and order previously entered under seal on February 11, 2016. Signed by Judge Charles F. Lettow.

Keywords: re: Reported Opinion: Post-award bid protest; motion for preliminary injunction; likelihood of success; discussions; FAR § 15.306; equal treatment; irreparable injury.

REPORTED OPINION (PUBLISHED). Plaintiffs' motions for judgment on the administrative record are GRANTED. The government's and Jacob's cross-motions for judgment on the administrative record are DENIED. The agency's decision is VACATED. The matter is REMANDED to the agency until May 10, 2016. The government shall submit a status report at or before the conclusion of the remand period. Signed by Judge Nancy B. Firestone.

Keywords: re: Reported Opinion; Bid Protest; Motion for Judgment on the Administrative Record; Corrective Action

REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(6) The Clerk is directed to enter judgment. Signed by Sr. Judge Loren A. Smith.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(6), Reported Opinion. RCFC 12(b)(6); Failure to State a Claim.

REPORTED OPINION. Notice of Compliance due by 2/22/2016. Status conference set for 2/29/2016 at 2:30 pm EST. Signed by Judge Mary Ellen Coster Williams.

Keywords: re: Post-award Bid Protest; 28 U.S.C. § 1491(b)(1); RCFC 52.1; Prequalification; Omnibus Diplomatic Security and Antiterrorism Act of 1986, 22 U.S.C. § 4852; United States person; Requisite Technical and Financial Resources in the United States; Statutory Interpretation; Remand.

REPORTED OPINION ( The parties are directed to confer and propose by March 8, 2016, jointly if possible, a schedule leading to trial in October 2016 ) denying Motion for Summary Judgment; granting in part and denying in part [68] Motion for Summary Judgment. Signed by Senior Judge Eric G. Bruggink. (bz1) Copy to parties.

Keywords: re: Clean Water Act; mitigation bank; contract interpretation; incorporation of contract terms; breach of contract; 33 C.F.R. § 332.3

REPORTED OPINION. Signed by Judge Victor J. Wolski.

Keywords: re: Reported Opinion Pre-award bid protest; RCFC 52.1(c)Judgment on the Administrative Record; U.S. Special Operations Command; FAR § 52.215-1; late is late rule; Government Control exception applies to electronic delivery; systemic failure; incomplete record before GAO; prejudice; unequal treatment of offerors.

REPORTED OPINION and ORDER (Reissuance of 1/31/16 Opinion and Order for Publication). Signed by Judge Mary Ellen Coster Williams. (TF3) Copy to parties.

Keywords: re: Spent Nuclear Fuel; Partial Breach of Contract; Damages; Causation; Reracking Costs; Cask Loading Costs; Crane Upgrade Costs; Fuel Handling Building Modification Costs; General Project Management Costs; NRC Fees; Allegedly Unsupported Transactions. (TF3)