USCFC General Jurisdiction-Reported

REPORTED OPINION granting Defendant's Motion for Summary Judgment. Plaintiff's complaint is DISMISSED. The Clerk is directed to enter judgment. Signed by Senior Judge James F. Merow.

Keywords: re: Jurisdiction; Taking; Accrual of Claim; Statute of Limitations

REPORTED OPINION: Granting in Part, Denying in Part Motion for Partial Summary Judgment; Granting in Part, Denying in Part [48] Motion for Partial Summary Judgment; Granting in Part, Denying in Part [53] Motion for Summary Judgment. (Status Report due by 1/4/2016). Signed by Judge Elaine D. Kaplan.

Keywords: re: 38 U.S.C. § 7453; Holiday Pay; 5 U.S.C. § 6103; Executive Order No. 11,582; Observance of Federal Holidays; Summary Judgment; RCFC 56

REPORTED Order dismissing plaintiff's complaint. The Clerk is directed to enter judgment. Signed by Judge Marian Blank Horn. (dls) Copy to parties. Modified on 1/28/2016 - corrected text(jt1).

Keywords: re: Pro Se Plaintiff; In Forma Pauperis: Lack of Subject Matter Jurisdiction.

REPORTED OPINION - granting in part and denying in part Motion for Summary Judgment; granting in part and denying in part [306] Cross Motion - The parties' joint stipulation is due by 1/19/2016. Signed by Chief Judge Patricia E. Campbell-Smith. (MEH) Copy to parties. Modified on 12/1/2015 - correction to pdf (jt1).

Keywords: re: Order on Motion for Summary Judgment, Order on Cross Motion [Dispositive], Reported Opinion, On Remand; Cross-Motions for Summary Judgment; RCFC 56;FLSA; 29 U.S.C. §§ 201-219; Federal Employees Flexible & Compressed Work Schedules; 5 U.S.C. §§ 61206133. (MEH)

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

Keywords: re: Pro Se Plaintiff; In Forma Pauperis Application; Lack of Subject Matter Jurisdiction.

REPORTED OPINION granting in part and denying in part Motion to Dismiss - Rule 12(b)(1) and (6); denying [52] Motion for Judgment on the Administrative Record; and granting [58] Cross-Motion for Judgment on the Administrative Record. The Clerk is directed to enter judgment. Signed by Judge Margaret M. Sweeney. (kb1)

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1) and (6), Order on Motion for Judgment on the Admin. Record, Reported Opinion - Military Pay; NROTC Scholarship; 10 U.S.C. §§ 2005, 2107; 37 U.S.C. § 209; Motion to Dismiss; Subject Matter Jurisdiction; Statute of Limitations; Mootness; Justiciability; Cross-Motions for Judgment on the Administrative Record; Final Agency Action Subject to Judicial Review

REPORTED OPINION. Signed by Judge Susan G. Braden.

Keywords: re: Reported Opinion; Administrative Procedures Act, 5 U.S.C. § 706; Bid Protest Jurisdiction, 28 U.S.C. § 1491; Competition In Contracting Act, 31 U.S.C. § 3551; General Services Administration Regulation, 48 C.F.R. § 570.306(a); Interested Party, 28 U.S.C. § 1491(b)(1); Rule 57 of the Rules of the United States Court of Federal Claims ("RCFC"), Declaratory Judgment; RCFC 52.1, Administrative Law Record.

REPORTED OPINION: Published decision reflecting redactions from the version issued under seal on November 11, 2015. Signed by Judge Charles F. Lettow.

Keywords: re: Post-award protest of lease subject to the Public Buildings Act, 40 U.S.C.§ 3307; material terms of agency's request for lease proposals; condition imposed by congressional committees on appropriations for the lease; contravention of material terms of request for lease proposals and of condition on appropriation; enforcement of limitation on appropriation; the Anti-Deficiency Act; 31 U.S.C. § 1341(a); injunction; declaration that lease is void

REPORTED OPINION (PUBLISHED). Plaintiff's motion for judgment on administrative record GRANTED. Defendant's cross-motion DENIED. Agency's decision to reject plaintiff's proposal VACATED and REMANDED to agency until January 11, 2016 for further action consistent with this opinion. Defendant shall file status report by 1/11/2016. Signed by Judge Nancy B. Firestone.

Keywords: re: Reported Opinion: Post-Award Bid Protest; Price Realism; Small Business Administration; Responsibility Determination.

REPORTED ORDER REFERRING PRO SE PLAINTIFF TO PRO BONO/ATTORNEY REFERRAL PILOT PROGRAM. On or before January 8, 2016, Plaintiff shall file a notice indicating whether he consents to referral of this case to the Court of Federal Claims Bar Association Pro Bono/Attorney Referral Pilot Program. Defendant's motion to dismiss for failure to prosecute is denied. (Notice of Compliance due by 1/8/2016.). Signed by Judge Mary Ellen Coster Williams. (ac7) Copy to parties.

Keywords: re: Military Pay; Pro Bono/Attorney Referral Program

REPORTED MEMORANDUM OPINION and ORDER Ruling on Indefiniteness Asserted Regarding Certain Claim Terms in United States Patent No. 6,874,729, United States Patent No. 7,097,137, United States Patent No. 8,167,242, United States Patent No. 8,517,306. Signed by Judge Susan G. Braden.

Keywords: re: Indefiniteness; Intrinsic Evidence; Jurisdiction Over Patent Claims Against The United States,28 U.S.C. § 1498(a); The Patent Act of 1952, 35 U.S.C. § 1 et seq., 35 U.S.C. § 100 ("Definitions"), 35 U.S.C. § 112(a)-(b), (f) ("Specification"), 35 U.S.C. § 271 ("Infringement"), 35 U.S.C. § 281 ("Remedy for infringement of patent"), 35 U.S.C. § 371 ("Pending Patent Applications at the USPTO Under the Patent Cooperation Treaty"); Person of Ordinary Skill in the Art; Rules of the United States Court of Federal Claims ("RCFC") RCFC 14 ("Third-Party Practice"), RCFC 24 ("Intervention").

AMENDED REPORTED OPINION granting in part and denying in part Motion for Summary Judgment; granting in part and denying in part [45] Cross Motion. Status Report due by 12/11/2015. Signed by Senior Judge Eric G. Bruggink. [DOCKETED FOR ADMINISTRATIVE PURPOSES ONLY]

Keywords: re: TEFRA; Settlement; Notice of Deficiency; ComputationalAdjustment; Affected Item; 26 U.S.C. § 465; At Risk Limitation; 26 U.S.C. § 469; Passive Activity Limitation; Doctrine of Variance.

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

Keywords: re: TEFRA; Settlement; Notice of Deficiency; ComputationalAdjustment; Affected Item; 26 U.S.C. § 465; At Risk Limitation; 26 U.S.C. § 469; Passive Activity Limitation; Doctrine of Variance.

REPORTED OPINION (public version of sealed Opinion issued October 26, 2015). Signed by Chief Judge Patricia E. Campbell-Smith.

Keywords: re: Reported Opinion Motion for Reconsideration; Post-Award Bid Protest; RCFC 59(a)(1)(B); RCFC 60(b)(6)

REPORTED OPINION granting Motion to Dismiss. The Clerk is directed to enter judgment. Signed by Judge Marian Blank Horn.

Keywords: re: Order on Motion to Dismiss, Reported Opinion. Motion to Dismiss; Lack of SubjectMatter Jurisdiction; Failure to Statea Claim; Special Pay Authority, 5 U.S.C. § 5305; Maximum Payable Rate Rule, 5 C.F.R. § 531.221; Back Pay Act, 5 U.S.C. § 5596; MandatoryPay Retention, 5 C.F.R. § 536.301.

UNREPORTED OPINION and ORDER granting Motion to Dismiss pursuant to Rule 12(b)(1). The Clerk is directed to enter judgment. Each side shall bear its own costs. Signed by Judge Elaine D. Kaplan. (dls) Copy to parties. Modified on 11/24/2015 to indicate opinion and order is unreported.

Keywords: re: 15 U.S.C. § 78a: Securities and Exchange Act of 1934; Implied-In-Fact Contract; Implied-In-Law Contract; RCFC 12(b)(1).

REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1) The Clerk is directed to enter judgment. Signed by Senior Judge Eric G. Bruggink. (jpk1) Copy to parties.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1): Reported Opinion: 42 U.S.C. § 3374(f); prohibition of judicial review; RCFC 12(b)(1)

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

Keywords: re: Pro Se Plaintiff; Lack of Subject-Matter Jurisdiction; Proper Defendants; Unlawful Confinement; Admiralty.

REPORTED OPINION. (public version of sealed Opinion issued 10/29/2015). Signed by Judge Lynn J. Bush.

Keywords: re: [42]: Post-Award Bid Protest; Identity of Awardee Adequately Clear; Past Performance Evaluation Consistent with Solicitation and Rational; Price Realism Inquiry Neither Arbitrary Nor Capricious and Consistent with Solicitation.

REPORTED OPINION. Signed by Senior Judge Eric G. Bruggink. (jpk1) Copy to parties. (Main Document 33 replaced on 11/16/2015 to correct pdf and show redactions)

Keywords: re: Reported Order. Post-award bid protest; preliminary injunction; likelihood of success on the merits; fixed price; lowest priced technically acceptable offer.