USCFC General Jurisdiction-Reported

REPORTED OPINION: the government's motion to dismiss for lack of subject matter jurisdiction is GRANTED pursuant to RCFC 12(b)(1). The clerk is directed to enter judgment in accord with this disposition. Signed by Judge Charles F. Lettow.

Keywords: claim for back pay by former managers and supervisors of the FAA's Atlanta TRACON; jurisdiction to address claims under the FAA's Personnel Management System

REPORTED ORDER of ECF No. [28]. Signed by Chief Judge Patricia E. Campbell-Smith.

Keywords: re: Post-Award Bid Protest; Pre-Award Bid Protest; Standing; Justiciability; Mootness; Ripeness

REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1) and (6). The Clerk is directed to enter judgment. Signed by Judge Elaine D. Kaplan. (dw1) Copy to parties.

Keywords: re: 28 U.S.C. § 1500; Substantially the same operative facts; 28 U.S.C. § 1631.

REPORTED OPINION denying as moot Motion for Judgment on the Administrative Record; denying as moot [48] Motion for Judgment on the Administrative Record; granting [71] Motion for Leave to File; denying in part [73] Motion for Sanctions pursuant to Rule 37. Signed by Judge Mary Ellen Coster Williams.

Keywords: re: Military Discharge; Incomplete Administrative Record; Completion of Administrative Record; Authentication; Vacatur of Decisions Predicated on Incomplete Administrative Record; Remand.

REPORTED OPINION. Signed by Judge Nancy B. Firestone.

Keywords: re: Bid Protest; Temporary Restraining Order; Preliminary Injunction; National Security; Balance of Hardships; Price Realism Analysis; Deference to Agency; Technical Acceptability.

REPORTED OPINION granting Motion for Summary Judgment: The governments motion for summary judgment is GRANTED, and the plaintiffs cross-motion for summary judgment is DENIED. The clerk shall enter judgment for the government and against the plaintiffs. The Clerk is directed to enter judgment. Signed by Judge Charles F. Lettow.

Keywords: re: Tax case; effectiveness of taxpayers consent to assessment of taxes without notice of deficiency; assessment within statutory limitations period; payment of tax rather than deposit of funds

REPORTED OPINION ( Status Report due by 10/23/2015) granting in part and denying in part Motion for Partial Summary Judgment; granting in part and denying in part [45] Cross Motion. Parties shall have until October 23, 2015 to file a proposed schedule for resolving the case. Signed by Judge Nancy B. Firestone.

Keywords: re: Order on Motion for Partial Summary Judgment, Order on Cross Motion [Dispositive], Reported Opinion: Rails-to-Trails; Fifth Amendment Takings; Oregon Law; Scope of Easement.

REPORTED OPINION nullifying Motion for Bill of Costs; modifying and granting [157] Motion for Bill of Costs; finding as moot [172] Motion for Attorney Fees. The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler.

Keywords: re: Unduly Burdensome Subpoena Duces Tecum; Failure to Allow Reasonable Response Time; Award of Attorney's Fees and Costs as Sanction Under Rule 45(d)(1).

REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1). Signed by Judge Elaine D. Kaplan.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1), Reported Opinion Subject Matter Jurisdiction; Breach of Contract; Contract Disputes Act; Procurement Contract; Bailment Agreement; Certified Claim; Defective Certification

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

Keywords: re: Bid Protest; Post-Award; Judgment on Administrative Record; Contract Modification; 10 U.S.C. § 2304 (a)(1)(A); Security Clearance; Contract Interpretation

REPORTED OPINION (originally filed under seal on September 1, 2015). Re-issued without redactions. Signed by Chief Judge Patricia E. Campbell-Smith.

Keywords: re: Bid Protest Jurisdiction; 28 U.S.C. § 1491(b)(1); Preliminary Injunction; Mootness; Ripeness; Standing Reported Opinion

REPORTED OPINION (Joint Status Report due by 11/2/2015) denying Motion to Certify Class. Signed by Chief Judge Patricia E. Campbell-Smith.

Keywords: re: Order on Motion to Certify Class, Reported Opinion Class Certification; RCFC 23; Size of the Individual Claims

REPORTED OPINION AND ORDER, reflecting redactions from the opinion and order previously entered under seal on September 9, 2015. Signed by Judge Charles F. Lettow.

Keywords: re: Reported Opinion: Pre-award bid protest of a bridge contract planned after a competitively awarded contract was enjoined; justification and approval for sole-source award; standing; motion for preliminary injunction; equitable factors; absence of immediate irreparable injury.

REPORTED OPINION on MOTION for Extension of Time until 02/18/2016 to File Response to Anham's motion for partial summary judgment filed by USA. Defendant's response to Plaintiff's motion for partial summary judgment due by 10/13/2015. Signed by Judge Mary Ellen Coster Williams. (TF3) Copy to parties.

Keywords: re: Motion for Enlargement of Time; RCFC 56(d); RCFC 6(b); Partial Summary Judgment; Affidavit or Declaration Required to Request Discovery Prior to Responding to a Motion for Summary Judgment. (TF3)

POST-TRIAL OPINION AND ORDER The Clerk is directed to enter judgment. Signed by Judge Elaine D. Kaplan.

Keywords: re: Post-Trial Opinion and Order Differing Site Condition; Constructive Change; Defective Design Specifications; FAR 52.236-2; FAR 52.243-4; FAR 52.249-10(b)(1); Maintenance Dredging; Implied Duty of Good Faith and Fair Dealing; Liquidated Damages.

REPORTED MEMORANDUM OPINION and ORDER granting Motion to Dismiss - Rule 12(b)(1) and (6); denying as moot [12] Motion for Partial Summary Judgment; denying as moot Motion for Judgment on the Pleadings (contained in [16] Response to Motion to Dismiss); and granting [3] Motion for Leave to Proceed in forma pauperis. The Clerk is directed to enter judgment. 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; Rule 56, Motion for Partial Summary Judgment; Rule 12(c), Judgment on the Pleadings; In Forma Pauperis.

REPORTED ORDER denying Motion in Limine. Signed by Judge Edward J. Damich.

Keywords: re: Motion in limine, Spent Nuclear Fuel, Offset Costs, Incurred Costs, Res Judicata

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

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(6), Reported Opinion; Motion to Dismiss for Failure to State a Claim; RCFC 12(b)(6); Allegations Sufficient to State a Fifth Amendment Taking; Allegations of Economic Loss

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

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(6), Reported Opinion; Motion to Dismiss for Failure to State a Claim; RCFC 12(b)(6); Allegations Sufficient to State a Fifth Amendment Taking; Allegations of Economic Loss

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

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(6), Reported Opinion: Motion to Dismiss for Failure to State a Claim; RCFC 12(b)(6); Allegations Sufficient to State a Fifth Amendment Taking; Allegations of Economic Loss