USCFC General Jurisdiction-Reported

REPORTED ORDER granting Motion to Remand, with the case to be remanded to the BCNR for a period not to exceed six months; staying the case pending the results of the remand; and directing defendant to submit status reports every 90 days. Signed by Judge Charles F. Lettow. (dls) Copy to parties and certified copy of the order served on the BCNR.

Keywords: re: Military pay and abatement claim; failure of correction board to address relevant facts; remand.

REPORTED MEMORANDUM OPINION and ORDER granting Motion to Dismiss - Rule 12(b)(1) and (6); denying, as moot, [6] Motion to Appoint Counsel; and granting [3] Motion for Leave to Proceed in forma pauperis, subject to plaintiff's obligation to pay the filing fee in full pursuant to 28 U.S.C. § 1915(b). The Clerk is directed to enter judgment. No costs. Signed by Judge Lydia Kay Griggsby.

Keywords: re: Pro Se; Rule 12(b)(1), Subject-Matter Jurisdiction; Rule 12(b)(6), Failure to State a Claim; 28 U.S.C. § 1915; 28 U.S.C. § 1491(a); 28 U.S.C. § 1346(b)(1); In Forma Pauperis.

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

Keywords: re: REPORTED MEMORANDUM OPINION AND ORDER: The Tucker Act, 28 U.S.C. § 1491(b)(1); Post-Award Bid Protest; Motion for Preliminary Injunction, RCFC 65.

REPORTED OPINION. Signed by Judge Victor J. Wolski.

Keywords: re: Reported OpinionPre-award bid protest; Rule 12(b)(1) motion to dismiss; Contractor Performance Assessment Report; 48 C.F.R. § 42.1503(b)(1), (d); contract administration under Contract Disputes Act, 41 U.S.C. § 7101 et seq.; not ripe; no subject-matter jurisdiction.

REPORTED ORDER granting Defendant's Partial Motion to Dismiss - Rule 12(b)(6). Signed by Senior Judge Eric G. Bruggink. (jpk1) Copy to parties.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(6), Reported Order: Physical taking; regulatory taking; motion to dismiss; Rule 12(b)(6).

REPORTED OPINION and ORDER granting Motion to Dismiss - Rule 12(b)(1); and denying [2] Motion for Leave to Proceed in forma pauperis. The Clerk is directed to enter judgment. Signed by Judge Margaret M. Sweeney. (dls) Copy to parties. Modified on 2/19/2016 - correction to pdf (jt1).

Keywords: re: Pro Se Plaintiff; RCFC 12(b)(1); Federal Criminal Code; Federal Tort Claims Act; 42 U.S.C. § 1983; Sixth Amendment; Eighth Amendment.

REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1) and (6). The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler.

Keywords: re: Indian Tribe Claims for Tribal Trust Fund Mismanagement; Rule 12(b)(1) and (b)(6) Motion to Dismiss; Fiduciary Duties Owed to Indian Tribes; 28 U.S.C. § 2501; Statute of Limitations; Effect of Appropriations Act Riders; Standing.

REPORTED OPINION granting Motion for Summary Judgment and granting [36] Motion to Dismiss. Joint Status Report due by 1/29/2016. Signed by Judge Margaret M. Sweeney. (kb1)

Keywords: re: Reported Opinion on Order on Motion to Dismiss and Motion for Summary Judgment -- Motion for Partial Summary Judgment on Liability; Motion to Dismiss; ELIHPA; HCDA; Prepayment of Loan; Effect of Entry of Partial Summary Judgment on Liability for Breach of Contract on Fifth Amendment Takings Claim

REPORTED OPINION Granting Plaintiffs' Motion for Division of Class Into Subclasses, Motion for Trial Setting as to the Angularly-Bisected Agricultural-Property Subclass, and Notice of Partial Withdrawal from Settlement Negotiations. Signed by Judge Charles F. Lettow.

Keywords: Rails-to-trails takings case; class action; withdrawal from incomplete settlement agreement; absence of mutual agreement; division of a class into subclasses; RCFC 23(c)

REPORTED OPINION reissuing for publication Opinion and Order. Signed by Judge Margaret M. Sweeney. (kb1)

Keywords: re: Reported Opinion - Postaward Bid Protest; Cross-Motions for Judgment on the Administrative Record; Past Performance; Solicitation Interpretation; Evaluation of Proposals; Inadequate Explanation of Exercise of Discretion; Assignment of Strengths and Weaknesses; Best Value Tradeoff; Injunctive Relief

REPORTED OPINION denying Motion to Dismiss - Rule 12(b)(1); granting [9] Motion for More Definite Statement. Plaintiffs shall file an amended complaint on or before January 26, 2016. Signed by Judge Charles F. Lettow.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1), Order on Motion for More Definite Statement, Reported Opinion: Patent case; 28 U.S.C. § 1498(a); standing to sue; joinder of holders of all substantial rights under the patent; motion for a more definite statement; RCFC 8(a)(2), RCFC 12(e).

REPORTED OPINION Signed by Judge Susan G. Braden.

Keywords: re: Administrative Procedures Act (APA), 5 U.S.C. § 706; Bid Protest Jurisdiction, 28 U.S.C. § 1491; Equal Access to Justice Act, 28 U.S.C. § 2412(d)(2)(B)(ii); Federal Acquisition Regulation (FAR),48 C.F.R. §8.4, Federal Supply Schedules, 48 C.F.R. §8.405-3, Blanket Purchase Agreements; Federal Agency Procurement, 41 U.S.C. § 152(3); Interested Party, 28 U.S.C. § 1491(b)(1); Rules of the United States Court of Federal Claims (RCFC), RCFC 52.1, Administrative Record.

REPORTED OPINION and ORDER denying Motion to Stay; denying [22] Motion to Compel; denying [29] Motion for Summary Judgment; and granting [30] Cross Motion. The Clerk is directed to enter judgment. No costs. Signed by Judge Margaret M. Sweeney.

Keywords: re: Pro Se Plaintiff; Summary Judgment; RCFC 56; 31 U..S.C. § 3720A; Motion to Compel; Motion to Stay; Illegal Exaction; Offset; Notice; Criminal Fine; Debt; Past Due; Certification.

REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(6); finding as moot [21] Cross Motion. The Clerk is directed to enter judgment. Signed by Judge Elaine D. Kaplan.

Keywords: re: Subject Matter Jurisdiction; RCFC 12(b)(1); Contracts Disputes Act; 41 U.S.C. § 7102(a)(2); Takings Clause; Bid Protest; Corrective Action

REPORTED OPINION granting approval of proposed settlement and approving with modification class counsel's motion for fees. The Clerk is directed to enter judgment. Signed by Judge Nancy B. Firestone.

Keywords: re: Reported Opinion; Rails-to-Trails; Class Action; Final Approval of Settlement Agreement; Modification and Approval of Class Counsel Fees

REPORTED OPINION granting Motion for Judgment on the Administrative Record. For the reasons stated, defendant's motion to dismiss for lack of subject matter jurisdiction is DENIED, defendant's motion for judgment on the administrative record is GRANTED, and plaintiff's cross-motion for judgment on the administrative record is DENIED. The clerk is directed to issue final judgment in accord with this disposition. Signed by Judge Charles F. Lettow.

Keywords: re: Order on Motion for Judgment on the Admin. Record, Reported Opinion: Military pay dispute; claim by dental surgeon for monetary relief stemming from the Navys alleged miscalculation of his obligated service period; retention bonus; 37 U.S.C. § 301e; incentive special pay; 37 U.S.C. § 302b.

REPORTED OPINION reissuing Opinion and Order for public availability. Signed by Judge Margaret M. Sweeney.

Keywords: re: Bid Protest; Solicitation; Department of Veterans Affairs; RCFC 52.1; Cross-Motions for Judgment on the Administrative Record; SDVOSB; Corrective Action; Ambulance Services; FAR 52.219-14; FAR 15.306(a); FAR 15.306(e)(1); VAAR 852.219-10.

REPORTED OPINION on MOTION for Judgment on the Administrative Record filed by BRASETH TRUCKING, LLC remanding to agency and staying case. Signed by Judge Elaine D. Kaplan.

Keywords: re: Bid Protest; Standing; Past Performance Evaluation; FAR 13.305(a)(2)(iv); Adjectival Ratings; Trade-off Analysis; FAR 15.308; Remand to Agency

REPORTED ORDER granting Motion to Dismiss - Rule 12(b)(1) and (6) The Clerk is directed to enter judgment. Signed by Judge Marian Blank Horn.

Keywords: re: Pro Se Plaintiff; Motion to Dismiss; Lack of Subject Matter Jurisdiction; Breach of Contract; Third Party Beneficiary.

REPORTED OPINION denying profit and overhead on attorneys' fees. Status Report due by 12/21/2015. Signed by Judge Thomas C. Wheeler.

Keywords: re: Claim for Overhead and Profit as a Mark-up on Recovery of Attorney's Fees; Start Date for Running of Interest on Attorney's Fees and Expenses; Proposed Change in Method for Determining Attorney's Fees.