USCFC General Jurisdiction-Reported

REPORTED ORDER. Signed by Judge Susan G. Braden.

Keywords: re:Administrative Procedure Act (APA),5 U.S.C. § 706 (Scope of review); Bid Protest;Competition in Contracting Act of 1984 (CICA), 31 U.S.C. § 3551(Definitions);Federal Acquisition Regulations (FAR),48 C.F.R. § 2.101 (Definitions),48 C.F.R. § 9.105-1 (Obtaining information),48 C.F.R. § 9.105-2 (Determinations and documentation),48 C.F.R. § 28.203 (Acceptability of individual sureties),48 C.F.R. § 28.203-1 (Security interests by an individual surety), 48 C.F.R. § 28.203-2 (Acceptability of assets),48 C.F.R. § 28.204-3 (Irrevocable letter of credit),48 C.F.R. § 52.228-11 (Pledges of assets),48 C.F.R. § 52.228-15 (Performance and payment of bonds);Rule of the United States Court of Federal Claims (RCFC) 52.1 (Administrative Record);Tucker Act, 28 U.S.C. § 1491(b); Uniform Commercial Code (U.C.C.),U.C.C. § 5-102 (Definitions),U.C.C. § 5-104 (Formal requirements),U.C.C. § 5-108 (Insurers rights andobligations).

OPINION (Redacted) re:OPINION filed Under Seal. Signed by Judge Francis M. Allegra.

Keywords: Contract; Motion for summary judgment; Software; Expectation damages; No harm incurred under delivery order; No damages; Maintenance expenses not recoverable; Motion for summary judgment granted.

REPORTED OPINION granting Motion to Dismiss pursuant to Rule 12(b)(6) or Motion for Summary Judgment; denying [23] Motion for Leave to File Exhibits for Oral Argument. The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler.

Keywords: re: Firm Fixed-Price Construction Contract; Delivery of Materials and Supplies to Project Site; Effect of Pakistan Border Closing; Contractor Claim for Equitable Adjustment; Time Extension for Unexpected Delays; Supplementation of Record; Motion to Consolidate

REPORTED ORDER denying Motion to Stay Pending Appeal. Signed by Senior Judge Eric G. Bruggink. (jpk1) Copy to parties.

Keywords: re: Order on Motion to Stay, Reported Order. Bid protest; Motion for stay pending appeal

REPORTED OPINION on MOTION for Partial Summary Judgment filed by GUS J. STATHIS, CHRISTINA M. STATHIS, PAULINE M. STATHIS, [21] CROSS MOTION and RESPONSE filed by USA granting [17] Motion for Partial Summary Judgment; denying [21] Cross Motion. Signed by Judge Marian Blank Horn.

Keywords: re: Partial Summary Judgment; Settlement Agreement; Contract Interpretation.

REPORTED OPINION denying Motion to Dismiss - Rule 12(b)(1) and (6). Signed by Judge Mary Ellen Coster Williams. (TF3) Copy to parties.

Keywords: re: Contract Disputes Act, 41 U.S.C. § 601 et seq. ; Common-Law Fraud Counterclaim; Failure to State a Claim Upon Which Relief Can Be Granted, Rule 12(b)(6); Alleged Nexus Between Fraud and Contract Awards. (TF3)

REPORTED OPINION. Signed by Judge Marian Blank Horn.

Keywords: re: American Recovery and Reinvestment Tax Act; Section 1603; Internal Revenue Code §§ 45, 48; Fuel Cell Power Plant; Gas Conditioning Equipment; Trash Facility; Municipal Solid Waste.

REPORTED OPINION. Signed by Judge Elaine D. Kaplan.

Keywords: re: Reported Opinion. Post-award bid protest; Best-Value Procurement; FAR Part 15; Deficiency; FAR 15.001

REPORTED OPINION. Signed by Senior Judge Eric G. Bruggink. (jpk1) Copy to parties. (Main Document 34 replaced on 3/27/2015 to include keywords in pdf)

Keywords: re: Reported Opinion. Bid protest; Corrective action; Recision of award; Organized conflict of interest.

REPORTED OPINION AND ORDER granting Motion to Dismiss - Rule 12(b)(1) The Clerk is directed to enter judgment. Signed by Judge Charles F. Lettow. (ac7) Copy to parties.

Keywords: Order on Motion to Dismiss - Rule 12(b)(1), Reported Opinion: Dispute over allowance of deferred compensation costs claimed under a cost-plus-fixed-fee contract; jurisdiction; privity of contract; third-party beneficiary of a contract; constitutional and civil rights claims

REPORTED OPINION granting Motion for Fees; granting [119] Joint Motion to Approve Settlement. The Clerk is directed to enter judgment. Signed by Judge Nancy B. Firestone.

Keywords: Rails-to-Trails; Class Action; Final Approval of Settlement; Final Approval of Class Counsel's Fees

REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1) The Clerk is directed to enter judgment. Signed by Judge Marian Blank Horn. (dls) Copy to parties. Modified on 3/23/2015 - OCR(jt1).

Keywords: re: Pro Se Plaintiff; Lack of Subject Matter Jurisdiction; Presidential Management Fellows Program.

REPORTED OPINION denying Motion to Dismiss - Rule 12(b)(1); granting [18] Motion for Judgment on the Administrative Record. The government's motion to dismiss under RCFC 12(b)(1) for lack of subject matter jurisdiction is DENIED. The government's motion to dismiss under RCFC 12(b)(6), or alternatively for summary judgment under RCFC 56, is converted into one for judgment on the administrative record under RCFC 52.1 and that motion is GRANTED. The clerk shall enter judgment in accord with this disposition. Signed by Judge Charles F. Lettow.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1) and (6); Order on Motion for Summary Judgment; Reported Opinion; Post-award bid protest; subject matter jurisdiction; conversion of a motion to dismiss or for summary judgment into a motion for judgment on the administrative record; new transactional facts obviating claim preclusion; the International Agreement exception to the Competition in Contracting Act; 10 U.S.C. § 2304(c)(4); FAR § 6.302-4; DFARS § 206.302-4; Defense Security Cooperation Agency Manual

REPORTED ORDER granting Motion to Amend [1] Complaint pursuant to Rule 15; denying as moot [37] Motion to Dismiss. Defendant's Response to amended complaint due by 3/31/2015. Signed by Judge Victor J. Wolski.

Keywords: re: Motion to Amend Pleadings and Motion to Dismiss - Fair Labor Standards Act, 29 U.S.C. §§ 201219; motion to dismiss, RCFC 12(h)(2)(B); motion for leave to file amended complaint, RCFC 15(a); leave freely given; futility not shown; adequacy of class allegations; effect of amended pleading on pending motions.

MEMORANDUM OPINION and Final Order Regarding Plaintiffs' Breach of Contract Claims - (Docketed for Administrative Purposes). Signed by Judge Susan G. Braden. (jt1) Copy to parties.

Keywords: re: Cal. Pub. Util. Code §§ 330-398.5;Certification, 28 U.S.C. § 1292(d)(2);Contracts Disputes Act, 41 U.S.C. §§ 60113; Department of Energy Organization Act, 42 U.S.C. §§ 7101, et seq.;Department of Energy Power Marketing Rates Delegation Order Confirmation And Approval, 43 FED. REG. 60,63637;Federal Energy Regulatory Commission;Federal Power Act, 16 U.S.C. §§ 791a et seq.;Judgment on Multiple Claims or Involving Multiple Parties, RCFC 54(b);Jurisdiction;Law-of-the-Case Doctrine;Motion for Reconsideration,RCFC 59;Public Utility Regulatory Policies Act, 16 U.S.C. §§ 2601 et seq.;Standing;Submitting Claims To Contracting Officer,41 U.S.C. § 7103(a)(2), (b)(1).(jt1)Keywords: re: Cal. Pub. Util. Code §§ 330-398.5;Certification, 28 U.S.C. § 1292(d)(2);Contracts Disputes Act, 41 U.S.C. §§ 60113; Department of Energy Organization Act, 42 U.S.C. §§ 7101, et seq.;Department of Energy Power Marketing Rates Delegation Order Confirmation And Approval, 43 FED. REG. 60,63637;Federal Energy Regulatory Commission;Federal Power Act, 16 U.S.C. §§ 791a et seq.;Judgment on Multiple Claims or Involving Multiple Parties, RCFC 54(b);Jurisdiction;Law-of-the-Case Doctrine;Motion for Reconsideration,RCFC 59;Public Utility Regulatory Policies Act, 16 U.S.C. §§ 2601 et seq.;Standing;Submitting Claims To Contracting Officer,41 U.S.C. § 7103(a)(2), (b)(1).

REPORTED ORDER. Signed by Judge Susan G. Braden.

Keywords: re: Cal. Pub. Util. Code §§ 330-398.5;Certification, 28 U.S.C. § 1292(d)(2);Contracts Disputes Act, 41 U.S.C. §§ 60113; Department of Energy Organization Act, 42 U.S.C. §§ 7101, et seq.;Department of Energy Power Marketing Rates Delegation Order Confirmation And Approval, 43 FED. REG. 60,63637;Federal Energy Regulatory Commission;Federal Power Act, 16 U.S.C. §§ 791a et seq.;Judgment on Multiple Claims or Involving Multiple Parties, RCFC 54(b);Jurisdiction;Law-of-the-Case Doctrine;Motion for Reconsideration,RCFC 59;Public Utility Regulatory Policies Act, 16 U.S.C. §§ 2601 et seq.;Standing;Submitting Claims To Contracting Officer,41 U.S.C. § 7103(a)(2), (b)(1).(jt1)Keywords: re: Cal. Pub. Util. Code §§ 330-398.5;Certification, 28 U.S.C. § 1292(d)(2);Contracts Disputes Act, 41 U.S.C. §§ 60113; Department of Energy Organization Act, 42 U.S.C. §§ 7101, et seq.;Department of Energy Power Marketing Rates Delegation Order Confirmation And Approval, 43 FED. REG. 60,63637;Federal Energy Regulatory Commission;Federal Power Act, 16 U.S.C. §§ 791a et seq.;Judgment on Multiple Claims or Involving Multiple Parties, RCFC 54(b);Jurisdiction;Law-of-the-Case Doctrine;Motion for Reconsideration,RCFC 59;Public Utility Regulatory Policies Act, 16 U.S.C. §§ 2601 et seq.;Standing;Submitting Claims To Contracting Officer,41 U.S.C. § 7103(a)(2), (b)(1).

REPORTED ORDER. Signed by Judge Susan G. Braden.

Keywords: re: Cal. Pub. Util. Code §§ 330-398.5;Certification, 28 U.S.C. § 1292(d)(2);Contracts Disputes Act, 41 U.S.C. §§ 60113; Department of Energy Organization Act, 42 U.S.C. §§ 7101, et seq.;Department of Energy Power Marketing Rates Delegation Order Confirmation And Approval, 43 FED. REG. 60,63637;Federal Energy Regulatory Commission;Federal Power Act, 16 U.S.C. §§ 791a et seq.;Judgment on Multiple Claims or Involving Multiple Parties, RCFC 54(b);Jurisdiction;Law-of-the-Case Doctrine;Motion for Reconsideration,RCFC 59;Public Utility Regulatory Policies Act, 16 U.S.C. §§ 2601 et seq.;Standing;Submitting Claims To Contracting Officer,41 U.S.C. § 7103(a)(2), (b)(1).

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; Lack of Subject Matter Jurisdiction; Failure to State a Claim; Breach of Contract.

REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1) The Clerk is directed to enter judgment. Signed by Judge Lydia Kay Griggsby.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1), Reported Opinion: Contract Disputes Act (CDA), 41 U.S.C. §§ 7103 and 7104; Motion to Dismiss, Rule 12(b)(1)

REPORTED OPINION and ORDER granting Motion to Dismiss. The Clerk is directed to enter judgment. No costs. Signed by Judge Margaret M. Sweeney.

Keywords: re: Motion to Dismiss; RCFC 12(b)(1); RCFC 12(b)(6); Military Pay; Request for Reinstatement; Wrongful Discharge; Statute of Limitations; Res Judicata; Claim Preclusion.