USCFC General Jurisdiction-Reported

REPORTED OPINION AND ORDER denying Motion for Summary Judgment. Status Report due by 9/22/2015. Signed by Judge Thomas C. Wheeler.

Keywords: re: Order on Motion for Summary Judgment; Construction Contract Dispute; Whether Default Termination is Excusable; Government Duty to Provide Reasonable Clarification Upon Request; Existence of Material Fact Issues.

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

Keywords: re: Reported Opinion - Bid Protest; Financial Management Software Systems and Related Services; Migration to Federal Shared Service Providers Without Competition; Competition in Contracting Act of 1984; Economy Act; Government Management Reform Act of 1994; Subject Matter Jurisdiction; Ripeness; Standing; Supplementation of the Administrative Record; Amendment of Complaint

REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1); finding as moot [7] Motion for Judgment on the Pleadings and; finding as moot [12] Motion for Summary Judgment. The Clerk is directed to enter judgment. Signed by Judge Elaine D. Kaplan. (dw1) Copy to parties.

Keywords: re: Pro Se Plaintiff; Motion to Dismiss for Lack of Subject Matter Jurisdiction; RCFC 12(b)(1); Unjust Conviction and Imprisonment; 28 U.S.C. § 1495; 28 U.S.C. § 2513.

REPORTED ORDER granting Motion to Redact Memorandum Opinion And Final Order. Signed by Judge Susan G. Braden.

Keywords: re: Administrative Record,RCFC 52.1Bid Protest;Federal Acquisition Regulations (FAR),15.306 (Clarifications),15.404-1 (Unbalanced Pricing),16.201 (Firm-Fixed Contracts);52.215-1 (Instructions To Offerors)Preliminary Injunction,RCFC 65.

REPORTED ORDER granting Motion to Dismiss - Rule 12(b)(1) and (6); denying as moot [14] Motion for Summary Judgment. The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1) and (6), Order on Motion for Summary Judgment, Reported Opinion. Claims for Breach of Employment Settlement Agreement, Discrimination, Defamation of Character, Infliction of Emotional Distress, and Retaliation; Subject Matter Jurisdiction; Lack of Money-Mandating Source of Law or Settlement Provision.

REPORTED ORDER granting Motion to Dismiss. Signed by Judge Susan G. Braden.

Keywords: re:22 U.S.C. § 2291 et seq. (Overseas PrivateInvestment Corporation);28 U.S.C. § 1491 (Tucker Act);41 U.S.C. § 7102 (Contract Disputes Act);Jurisdiction;Motion To Dismiss,RCFC 12(b)(1) (Subject-matterjurisdiction),RCFC 12(b)(6) (Failure to state a claim).

REPORTED OPINION granting in part and denying in part Cross Motion; finding as moot [46] Motion for Oral Argument; granting in part and denying in part [28] Motion for Partial Summary Judgment. (Status Report due by 9/22/2015). Signed by Judge Lydia Kay Griggsby.

Keywords: re: Rails-to-Trails; Fifth Amendment Takings; National Trails System Act; Illinois Law; Fee Simple; Easement; Notice of Interim Trail Use (NITU).

Order of Dismissal finding as moot Motion to Dismiss - Rule 12(b)(1)and finding as moot [18] Motion for Summary Judgment. The Clerk is directed to enter judgment. Signed by Judge Nancy B. Firestone. Docketed for Administrative Purposes (jt1) Copy to parties.

Keywords: re: Pro Se Plaintiff; 28 U.S.C. § 1500; Lack of Subject-Matter Jurisdiction

REPORTED OPINION regarding claims for interest under the Back Pay Act. Signed by Chief Judge Patricia E. Campbell-Smith.

Keywords: re: Reported Opinion---Lump-Sum Payment for Annual Leave; 5 U.S.C. § 5551 et seq.; 5 C.F.R. § 550.1202; Back Pay Act; Interest; 5 U.S.C. § 5596; 5 C.F.R. § 550.803.

REPORTED ORDER. Signed by Judge Susan G. Braden.

Keywords: re: Ability-One Program,41 C.F.R § 51-1.1(a);Bid Protest,28 U.S.C. §1491;Competition In Contracting Act Of 1984,31 U.S.C §§ 35513556;Judgment On The Administrative Record,RCFC 52.1;Small Business Concerns,38 U.S.C.§ 8127;Standing.

REPORTED OPINION--Filed this date. Signed by Judge Lawrence J. Block.

Keywords: re: Reported Opinion: Winstar, Tax Gross Up

REPORTED OPINION AND ORDER granting in part and finding as moot in part Motion for Partial Summary Judgment and denying [111] Cross-Motion and RESPONSE to [94] MOTION for Partial Summary Judgment. Signed by Judge Thomas C. Wheeler.

Keywords: re: Reported Opinion and Order on Motion for Partial Summary Judgment; Privity of Contract; Cooperative Research and Development Agreement (CRADA); Subcontractor Claims; Subject Matter Jurisdiction; Partial Summary Judgment.

REPORTED ORDER granting Motion to Dismiss - Rule 12(b)(1); ( Status Report due by 9/28/2015). Signed by Judge Susan G. Braden.

Keywords: re: Jurisdiction;Motion To Dismiss,RCFC 12(b)(1);Tucker Act,28 U.S.C. § 1491.

REPORTED OPINION reflecting no redactions from the document previously filed under seal on August 18, 2015. Signed by Judge Charles F. Lettow.

Keywords: re: Reported Opinion; Patent case; defendants' motion for summary judgment on grounds of non-infringement.

REPORTED OPINION - Reissued. Signed by Judge Elaine D. Kaplan.

Keywords: re: Post-Award Bid Protest; Small Business Administration; Joint Venture Agreement; 13 C.F.R. § 124.513; 13 C.F.R. § 121.103(h)(3); Mentor/Protg; Affiliation.

REPORTED OPINION Denying in part and Granting in part Motion to Dismiss pursuant to Rules 12(b)(1) and (6) Or To Provide Notice To Interested Parties filed by USA. Signed by Judge Nancy B. Firestone.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1) and (6), Reported Opinio: Motion to Dismiss; Lack of Jurisdiction; RCFC 12(b)(1); Failure to State a Claim; RCFC 12(b)(6); Pleading Contractual Provisions; RCFC 9(k); Contract Disputes Act; Notice to Interested Parties; RCFC 14(b)(3); RCFC 12(b)(7)

REPORTED OPINION granting in part and denying in part Motion to Compel. As further specified herein, the parties shall agree on further discovery by September 21, 2015, defendant shall complete any new document production by November 23, 2015, the parties shall agree to a schedule for any further depositions by December 9, 2015, fact discovery shall be completed by February 1, 2016, and the parties shall file a joint status report on further proceedings by February 16, 2016. Signed by Chief Judge Patricia E. Campbell-Smith.

Keywords: re: Order on Motion to Compel, Reported Opinion: Motion to compel; RCFC 37; Conferring in good faith; Discovery; Search protocol; E-discovery; Relevance of discovery, Retaking depositions; Attorneys fees pursuant to RCFC 37(a)(5)(C).

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

Keywords: re: Reported Opinion Bid Protest; Two-Phase Procurement; Unstated Evaluation Criteria; 10 U.S.C. §§ 2305, 2305a; FAR 15.305; Lack of Prejudice.

REPORTED OPINION (public version of sealed Opinion issued July 31, 2015). Signed by Chief Judge Patricia E. Campbell-Smith. (rl) Copy to parties. Modified on 9/8/2015 - corrected pdf (jt1).

Keywords: re: Reported Opinion: Post-Award Bid Protest; Motion to Dismiss for Lack of Jurisdiction; Standing; Cross-Motions for Judgment on the Administrative Record; Technical Evaluations

REPORTED OPINION & ORDER: The court GRANTS Sikorsky's Motion for Judgment on the Pleadings, and Sikorsky prevails in its suit to overturn the government's alternative claim. The clerk shall enter judgment for Sikorsky and against the government both on the complaint and on the counterclaim. Sikorsky is awarded its costs of suit. Signed by Judge Charles F. Lettow.

Keywords: re: Second litigation over a contractor's compliance with Cost Accounting Standards pertinent to indirect materiel overhead costs; government's"alternative" claim to that litigated to final judgment in the prior action; applicability of the doctrine of claim preclusion.