USCFC General Jurisdiction-Reported

REPORTED OPINION (Reissuance of 1/28/16 Opinion and Order for Publication.) Signed by Judge Mary Ellen Coster Williams. (TF3) Copy to parties.

Keywords: re: Post-award Bid Protest; 28 U.S.C. § 1491(b)(1); Omnibus Diplomatic Security and Antiterrorism Act of 1986; Lowest Priced Technically Acceptable Offeror; Misleading Discussions; Price Reasonableness; FAR 15.306; FAR 15.404-1; Price Verification; FAR 14.403; FAR 1.102; Prejudice; Injunctive Relief. (TF3)

REPORTED OPINION granting Motion to Amend Pleadings - Rule 15(b). Signed by Judge Thomas C. Wheeler.

Keywords: re: Reported Opinion and Order on Motion to Amend Pleadings - Rule 15(b); Section 1603 Recovery Act Claim for 30 Percent Energy Cash Grants; Defendant's Motion for Leave to Assert Counterclaims Based Upon Expert's Analysis; Effect on Scope of Issues at Trial.

REPORTED PROCEDURAL ORDER: Granting Motion to Supplement the Record. Signed by Judge Thomas C. Wheeler.

Keywords: re: Reported Procedural Order; Bid Protest; Supplementing the Administrative Record; Court's Consideration of Expert Witness's Report.

REPORTED ORDER granting Motion to Dismiss - Rule 12(b)(1); (Joint Status Report due by 2/17/2016). Signed by Sr. Judge Loren A. Smith.

Keywords: Subject Matter Jurisdiction, State law claims.

REPORTED OPINION: Granting in part and Denying in part Defendant's Motion for Protective Order. Fact discovery for First Wave plaintiffs closes March 7, 2016; expert reports due by March 28, 2016; rebuttal expert reports due by May 12, 2016; expert discovery closes June 13, 2016. Joint Status Report re discovery in non-First Wave plaintiffs due by April 25, 2016. Signed by Chief Judge Patricia E. Campbell-Smith.

Keywords: re: Order on Motion for Protective Order, Reported Opinion, Deposition Discovery; Protective Order; RCFC 26(b); RCFC 26(c)(1); RCFC 30(b)(6)

REPORTED OPINION granting in part and denying in part Plaintiff's Motion for Summary Judgment AND granting in part and denying in part [36] Defendant's Cross Motion. On or before 3/7/2016, the parties shall FILE a Joint Stipulation for Entry of Judgment which sets forth the parties' determination of the amount, if any, owed by plaintiff to the United States as a result of the court's rulings in this opinion, and shall ATTACH a Proposed Draft Order for the Entry of Judgment. Signed by Judge Lynn J. Bush.

Keywords: re: Order: Gasoline and Diesel Fuel Excise Taxes; 26 U.S.C. §§ 6416, 6427, 6675 (2012); Treas. Reg. §§ 48.6416(b)(2)-3 (1985), 48.6427-9 (as amended in 2000); Failure to Keep Tax Exemption Certificates as Required by Statute and Regulation; No Penalties Because Reasonable Cause for Failure Exists.

OPINION and ORDER. Opinion originally filed under seal on January 14, 2016. Signed by Judge Nancy B. Firestone. (dw1) Copy to parties.

Keywords: re: Bid Protest; Pro Se, Nonresponsibility Determination; Denial of Certificate of Competency; Capability to Perform

REPORTED Order on MOTION for Judgment on the Administrative Record, CROSS MOTION and RESPONSE denying Motion for Judgment on the Administrative Record; granting Cross Motion. Status Report due by 3/17/2016 Notice of Compliance due by 4/1/2016. Signed by Judge Elaine D. Kaplan.

REPORTED OPINION granting Motion for Summary Judgment. The Clerk is directed to enter judgment. Signed by Chief Judge Patricia E. Campbell-Smith.

Keywords: re: Order on Motion for Summary Judgment, Reported Opinion Forest Service stewardship, breach of contract, contract interpretation, lost profits, reasonably foreseeable damages

REPORTED ORDER denying Motion for Reconsideration. Signed by Judge Thomas C. Wheeler.

Keywords: re: Reported Order on Motion for Reconsideration; Patent Infringement Case; Rule 54 Motion for Reconsideration; Failure to Respond to Discovery Requests; Dismissal of Trade Secret Claims as Sanction Under Rule 37.

REPORTED MEMORANDUM OPINION and FINAL ORDER granting MOTION to Dismiss pursuant to Rules 12(b)(1) and (6) filed by USA. The Clerk is directed to enter judgment. Signed by Judge Susan G. Braden. (ms) Copy to parties.REPORTED MEMORANDUM OPINION and FINAL ORDER granting [7] MOTION to Dismiss pursuant to Rules 12(b)(1) and (6) filed by USA. The Clerk is directed to enter judgment. Signed by Judge Susan G. Braden. (ms) Copy to parties.REPORTED MEMORANDUM OPINION and FINAL ORDER granting [7] MOTION to Dismiss pursuant to Rules 12(b)(1) and (6) filed by USA. The Clerk is directed to enter judgment. Signed by Judge Susan G. Braden.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1) and (6), Order Dismissing Case, Reported Opinion, Reported Order, Motion To Dismiss, Rule 12(b)(1) of the Rules of the United States Court of Federal Claims ("RCFC"), RCFC 12(b)(6), Statute of Limitations, 28 U.S.C. § 2501, Tucker Act, 28 U.S.C. § 1346(a)(2), 28 U.S.C. § 1491.

REPORTED ORDER denying Defendant's Motion for Partial Summary Judgment and granting in part and denying in part [63] Plaintiffs' Cross-Motion for Partial Summary Judgment: The rate of return from the Moody's Long-Term Aaa Corporate Bond Index, i.e., 3.39 percent, compounded quarterly, shall be used to determine the interest component of the just compensation due to the subclass plaintiffs beyond February 3, 2016. Signed by Judge Charles F. Lettow.

Keywords: Rails-to-trails takings case; class action; interest rate to be applied as part of the otherwise tentatively agreed just compensation for a subclass.

REPORTED MEMORANDUM OPINION AND ORDER. Signed by Judge Lydia Kay Griggsby.

Keywords: re: REPORTED MEMORANDUM OPINION AND ORDER: Bid Protest; Tucker Act, 28 U.S.C. § 1491(b); Motion to Dismiss; Rule 12(b)(1); Rule 12(b)(6); Contract Disputes Act, 41 U.S.C. § 7103(a); Task Order; Federal Acquisition Streamlining Act, 10 U.S.C. § 2304c(e).

REPORTED ORDER reissuing for publication Order. Signed by Judge Margaret M. Sweeney.

Keywords: re: Bid Protest; Corrective Action; Motion to Dismiss; Mootness; RCFC 12(b)(1).

REPORTED ORDER denying Motion for Reconsideration - Rule 59(a). Signed by Judge Marian Blank Horn.

Keywords: re: Pro Se Plaintiff; Motion to Reconsider.

REPORTED OPINION denying MOTION for Summary Judgment filed by USA. Status Report due by 2/16/2016. Signed by Judge Margaret M. Sweeney.

Keywords: re: Order on Motion for Summary Judgment, Reported Opinion - RCFC 56; Summary Judgment; Genuine Issue of Material Fact.

AMENDED REPORTED OPINION. Signed by Senior Judge Eric G. Bruggink. (bz1) Copy to parties.

Keywords: re: Reported Opinion Taxation of partnership; bona fide partnership; 26 U.S.C. § 704; 26 U.S.C. § 721; FPAA; economic substance; step transaction; Culbertson; penalties; reasonable reliance on tax advice

REPORTED OPINION denying defendant's Motion to Dismiss pursuant to Rule 12(b)(1). Signed by Judge Margaret M. Sweeney.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1), Reported Order - Contract Disputes Act of 1978; Motion to Dismiss; RCFC 12(b)(1); Contractual Indemnity; Placeway; Breach of Contract; J. Cooper.

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

Keywords: re: Reported Order: Post-award bid protest; fixed price; lowest priced technically acceptable offer; contingent offer; jurisdiction; standing; prejudice.

REPORTED ORDER on claim construction. Signed by Judge Edward J. Damich. (lp1) Copy to parties.

Keywords:Claim Construction; Markman v. Westview Instruments, Inc., 517 U.S. 370 (1996); Phillips v. AWH Corp., 415 F.3d 1303 (Fed. Cir. 2005).