USCFC General Jurisdiction-Reported

REPORTED OPINION granting in part and denying in part Plaintiffs' Motion for Protective Order. Signed by Chief Judge Patricia E. Campbell-Smith.

Keywords: re: Deposition Discovery; Protective Order; RCFC 26(c); RCFC 30(b)(6).

REPORTED OPINION denying Motion to Compel. Signed by Judge Susan G. Braden.

Keywords: re: Order on Motion to Compel, Reported Opinion28 U.S.C. § 455 (Judicial Disqualification); 28 U.S.C. § 1491(b)(1) (Tucker Act Jurisdiction); 28 U.S.C. § 1631 (Transfer for want of jurisdiction); Comprehensive Environmental Response, Compensation Act of 1944 ("CERCLA"), 42 U.S.C. § 9601 et seq.; Contract Settlement Act of 1944, 41 U.S.C. § 113(a); Rule 8 (Affirmative Defenses) of the Rules of the United States Court of Federal Claims ("RCFC"); RCFC 26(b) (Scope Of Discovery); RCFC 37(a)(3)(B) (Motion To Compel Interrogatory Answers); RCFC 40.1(a) (Assignment On Recusal); RCFC 40.1(c) (Reassignment of Case); RCFC 40.2(a)(2) (Related Case Rule).

REPORTED OPINION AND ORDER granting in part Motion for Attorney Fees. The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler.

Keywords: re: Fifth Amendment Taking; U.S. Border Patrol's Use of Seismic Intrusion Sensors on Plaintiffs' Property; Attorneys' Fees and Expenses; 42 U.S.C. § 4654.

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

Keywords: re: Reported Opinion Bid Protest; Pre-Award; Judgment on Administrative Record; Best Value Tradeoff; Competitive Range; FAR 15.402(a); FAR 15.306(c)

REPORTED MEMORANDUM OPINION and ORDER granting Motion for leave to proceed in forma pauperis; granting [6] Motion to dismiss - Rule 12(b)(1); and denying [7] Motion to transfer case to district court. 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 41(b), Failure to Prosecute; Claims Against a Private Party; 28 U.S.C. § 1631, Motion to Transfer; In Forma Pauperis.

REPORTED OPINION and ORDER granting Motion to Dismiss - Rule 12(b)(1); denying, as moot, [6] Motion for Default Judgment; and granting [2] Motion for Leave to Proceed in forma pauperis, but directing plaintiff 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 Margaret M. Sweeney.

Keywords: re: Pro Se Plaintiff; Dismissal for Lack of Jurisdiction; Frivolous Complaint; 28 U.S.C. § 1915(g); "Three-Strikes" Rule; Application to Proceed In Forma Pauperis.

REPORTED OPINION. Signed by Judge Mary Ellen Coster Williams. (TF3) Copy to parties.

Keywords: re: Patent Infringement; Deposition Fee of Expert Witness; Rule 26(b)(4)(E)(i); Rule 30(e); Rule 37(a); Reasonable Expert Rate; Deposition Preparation Time; Review of Transcript and Preparation of Errata Sheet; Cost of Deposition Transcript; Attorneys Fees for Preparing Motion to Compel. (TF3)

REPORTED OPINION. Signed by Judge Marian Blank Horn.

Counterclaim; Fraud; False Claims Act; Special Plea in Fraud; Contract Disputes Act; Recovery Audit; NASA; Trial. Keywords: re: Reported Opinion

REPORTED OPINION on MOTION to Amend Pleadings - Rule 15 [26] Answer filed by USA, [129] MOTION for Protective Order As to Defendant's Unpled Offset Defense MOTION for Partial Summary Judgment As to Defendant's Unpled Offset Defense filed by SHELL OIL COMPANY, ATLANTIC RICHFIELD COMPANY, TEXACO, INC., UNION OIL COMPANY OF CALIFORNIA, [153] MOTION to Amend Pleadings - Rule 15 [152] MOTION to Amend Pleadings - Rule 15 [26] Answer - and to assert counterclaims sounding in fraud - REDACTED VERSIONS filed by USA denying [129] Motion for Protective Order; granting [129] Motion for Partial Summary Judgment; denying [152] Motion to Amend Pleadings - Rule 15(b); denying [153] Motion to Amend Pleadings - Rule 15(b). Signed by Judge Susan G. Braden.

Keywords: re: Order on Motion for Protective Order, Order on Motion for Partial Summary Judgment, Order on Motion to Amend Pleadings - Rule 15(b), Reported Opinion, 28 U.S.C. § 1491(b)(1), 28 U.S.C. § 2501, 28 U.S.C. § 2508, 28 U.S.C. § 2514, 41 U.S.C. § 113(a), 42 U.S.C. § 9601 et seq., RCFC 8(c), RCFC 15(a)(2).

REPORTED OPINION and ORDER granting Motion to Dismiss - Rule 12(b)(1); and denying [7] Motion for Sanctions pursuant to Rule 11. The Clerk is directed to enter judgment. No costs. Signed by Judge Margaret M. Sweeney.

Keywords: re: Military Pay; Nonselection for Promotion; Motion to Dismiss; Statute of Limitations; Accrual; Effect of Correction Board Decision; Martinez; Motion for Sanctions.

REPORTED OPINION denying Motion to Dismiss - Rule 12(b)(6). Telephonic status conference scheduled for 11/17/2015 at 11:00 a.m. Signed by Judge Mary Ellen Coster Williams. (TF3) Copy to parties.

Keywords: re: Rule 8(a)(2); Rule 12(b)(6); Motion to Dismiss; Fifth Amendment Taking; Property Interest; Nonfinal Judgment; Justiciability; Political Question. (TF3)

REPORTED OPINION AND ORDER. Signed by Judge Thomas C. Wheeler.

Keywords: re: Post-award Bid Protest; AbilityOneProgram; Javits-Wagner-O'Day Act; Delay in Filing Protest; Laches; Reasonableness of Evaluation and Selection of Awardee; Judgment on the Administrative Record.

REPORTED OPINION: For reasons stated, the government's motion in limine is DENIED. The government's motion for an order to allow Dr. Jorge Orbay to testify via video teleconference from a federal courthouse in Miami, Florida [86] is GRANTED. Signed by Judge Charles F. Lettow.

Keywords: re: Order on Motion in Limine, Order on Motion for Miscellaneous Relief, Reported Opinion: Pre-trial motion in limine; expert testimony on title to property beginning with grants from the Spanish crown and affected by the scope of a seaside reservation and maritime zone; Fed. R. Evid. 702; testimony by video teleconference; RCFC 43.

REPORTED ORDER denying Motion for Reconsideration. Signed by Chief Judge Patricia E. Campbell-Smith.

Keywords: re: Motion for Reconsideration; RCFC 54(b); Discovery; RCFC 26(b)(1)

REPORTED OPINION The Clerk is directed to enter judgment. Plaintiff's motion due by 12/11/2015. Defendant's response due by 01/11/2016. Plaintiff's reply due by 01/26/2016. Signed by Judge Mary Ellen Coster Williams. (TF3) Copy to parties.

Keywords: re: Contract Disputes Act, 41 U.S.C. § 7100 et seq; Breach of Contract; Risk of Loss Clause; Specific Performance; Prompt Payment Act, 31 U.S.C. § 3902(a); Constructive Termination; Frustration of Purpose Doctrine; Damages; Causation; Foreseeability; Reasonable Certainty; Interest; Attorneys Fees. (TF3)

REPORTED OPINION. (See Order of 10/23/2015, Chief Judge Patricia E. Campbell-Smith) Signed by Special Master John M. Facciola. (jt1) Copy to parties.

Keywords: re: deliberative law enforcement privilege; attorney client privilege; work product doctrine

REPORTED OPINION denying Plaintiff's Motion for Judgment on the Administrative Record; granting [39] Defendant's Motion for Judgment on the Administrative Record The Clerk is directed to enter judgment. Signed by Judge Elaine D. Kaplan. (bl) Copy to parties. Modified on 10/26/2015 - corrected text (jt1).

Keywords: re: Immigration Bond; Contract Interpretation; Substantial Violation; 8 C.F.R. § 103.6.

REPORTED OPINION: For the reasons stated, the government's motion for partial dismissal is DENIED. Plaintiffs' motion to strike is DENIED as moot. Plaintiffs' motion for partial summary judgment is also DENIED. Plaintiffs' motion for leave to file an exhibit is GRANTED. On or before November 20, 2015, the court requests that the parties submit a joint status report that addresses further proceedings in this action. Signed by Judge Charles F. Lettow.

Keywords: re: Opinion and Order: Tax case; claim for refund of individual income taxes paid pursuant to a notice by the IRS of computational adjustments following an audit of a partnership return; submission by a non-tax matters partner of an administrative adjustment request (AAR) on Form 8082; compliance with instructions attendant to Form 8082; effect of I.R.C. §§ 6227(d), 6228(b)(2)(A)(i), 7422(h), Treasury Reg. § 301.6227(d)-1; jurisdiction to address the partnership items raised in the AAR in this partner-level refund proceeding; claim of right to participate meaningfully in administrative proceeding relating to the determination of partnership items; I.R.C. § 6224(a).

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

Keywords: re: Pro Se; Motion to Dismiss; Lack of Subject Matter Jurisdiction; RCFC 12(b)(1).

REPORTED ORDER granting Motion to Dismiss - Rule 12(b)(1) and (6). The Clerk is directed to enter judgment and return plaintiff's filing fee. Signed by Judge Nancy B. Firestone. (dls) Copy to parties. Refund completed 12/31/2015

Keywords: re: Pro Se; Motion to Dismiss; Lack of Subject Matter Jurisdiction; RCFC 12(b)(1); Lost or Damaged Mail.