USCFC General Jurisdiction-Reported

REPORTED ORDER granting in part and denying in part Motion to Compel. Signed by Senior Judge Eric G. Bruggink. (jpk1) Copy to parties.

Keywords: re: Order on Motion to Compel, Reported Order. Motion to compel; Protective order; Claw back provision; Attorney client privilege; Work product doctrine; Waiver of privilege; Inadvertent waiver; FRE 502.

REPORTED OPINION granting Motion for Leave to Proceed in forma pauperis; granting [9] Motion to Dismiss - Rule 12(b)(1); denying [11] Motion to Stay. Case is dismissed. The Clerk is directed to enter judgment. Signed by Judge Margaret M. Sweeney.

Keywords: re: Order on Motion for Leave to Proceed in forma pauperis, Order on Motion to Dismiss - Rule 12(b)(1), Order on Motion to Stay, Reported Opinion. Motion to Dismiss; RCFC 12(b)(1); Motion to Stay Proceedings; Jurisdictional Discovery; Fifth Amendmen Takings; Due Process; Unjust Enrichment; Conspiracy; Duplicative Claims in Two Pending Cases.

REPORTED OPINION and ORDER: The government's motion to strike the declaration of Mr. Dennis Martinez and the Armar title report under RCFC 56(c)(4) is DENIED. The government's motion to dismiss the amended complaint pursuant to RCFC 12(b)(1) is DENIED. The Katzins' claim is not time-barred under 28 U.S.C. § 2501, and the equitable doctrine of laches does not apply to shorten the period for bringing suit. The government's motion for summary judgment under RCFC 56 is DENIED because disputed issues of material fact exist regarding ownership of the relevant land. The parties are requested to provide by 4/2/2015 a plan and schedule for bringing this case to trial. Signed by Judge Charles F. Lettow. (co) (Main Document 61 replaced on 3/9/2015)

Keywords: re: Takings case; alleged interference with, and impairment of marketability of, property; motion to strike; RCFC 56(c)(4); statute of limitations; 28 U.S.C. § 2501; laches; disputed issues of material fact barring summary judgment.

REPORTED OPINION (public version of sealed Opinion issued 2/13/2015). Signed by Judge Lynn J. Bush.

Keywords: re: Pre-Award Bid Protest; No Violation of Statute or Regulation; Adequate Market Research; No Ambiguity in Solicitation Price Evaluation Scheme; Rational Test for Price Reasonableness.

REPORTED OPINION granting Motion to Dismiss and Motion for Summary Judgment. The Clerk is directed to enter judgment. Signed by Judge Nancy B. Firestone.

Keywords: re: Breach of Contract; Partial Motion to Dismiss; Partial Motion for Summary Judgment; Contract Formation; Offer and Acceptance; Authority to Contract on Behalf of the United States; Contracts Disputes Act; Demand of Sum Certain.

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

Keywords: re: Reported Opinion Bid Protest; Motion to Dismiss; Cross-Motions for Judgment on the Administrative Record; One Technically Acceptable Proposal; Solicitation Amendment Issued to Offerors Previously Excluded From the Competition; Challenge to Terms of Solicitation Amendment; Waiver; Blue & Gold Fleet; COMINT Systems; Existence of an Enforceable Contract; Contract Required to Be in Writing

REPORTED ORDER denying Motion for Judgment on the Administrative Record; granting in part and denying in part [14] Cross Motion; ( Status Report due by 5/28/2015). Signed by Judge Nancy B. Firestone.

Keywords: re: Military Pay; Wounded Warrior Act; Physical Disability Board of Review; 10 U.S.C. § 1216a

REPORTED OPINION granting Motion The Clerk is directed to enter judgment. Signed by Judge Susan G. Braden.

Keywords: re: Nuclear Waste Policy Act,42 U.S.C. §§ 10101 et seq.;Recalculation Of Damages;Remand.

REPORTED OPINION Denying in part as to dismissal of Counts I and II and defendant's request that plaintiff file an amended complaint. Granting in part as to Count III, which is dismissed without prejudice and Count IV which is dismissed with prejudice. Answer due 3/23/2015 as to Counts I and II. Signed by Judge Lynn J. Bush.

Keywords: re: Contracts; Wrongful Termination Claim; Allegations of Bad Faith Conduct by the Government; Whether the Same Claim Was Presented to the Contracting Officer.

REPORTED OPINION. Signed by Senior Judge Eric G. Bruggink. (jpk1) Copy to parties.

Keywords: re: Reported Opinion: Bid protest; Competitive range determination; Past Performance; Prejudice.

REPORTED ORDER granting in part Motion to Dismiss - Rule 12(b)(1). Signed by Judge Elaine D. Kaplan. (dw1) Copy to parties.

Keywords: re: Tucker Act, 28 U.S.C. § 1491(a)(1); Motion to Dismiss; RCFC 12(b)(1); Settlement Agreement; Breach of Contract.

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

Keywords: re: Motion to Dismiss for Lack of Subject Matter Jurisdiction; RCFC 12(b)(1); Tax Refund; 28 U.S.C. § 1346; 26 U.S.C. § 7422; Civil Damages Provisions of Internal Revenue Code; 26 U.S.C. §§ 7432, 7433

REPORTED OPINION and ORDER granting defendant's motion to dismiss (See Case No. 14-275T for motion) Case No. 12-58T in its entirety, as well as any claims for damages related to tax years 1992, 1993, 1999, 2000 and 2001 contained in Case No. 14-275T, and retaining jurisdiction over Case No. 14-275T for purposes of hearing plaintiff's claims for tax refunds for tax years 1992 and 1993. The Clerk is directed to enter judgment in Case No. 12-58T. Signed by Judge Elaine D. Kaplan.

Keywords: re: Motion to Dismiss for Lack of Subject Matter Jurisdiction; RCFC 12(b)(1); Tax Refund; 28 U.S.C. § 1346; 26 U.S.C. § 7422; Civil Damages Provisions of Internal Revenue Code; 26 U.S.C. §§ 7432, 7433.

REPORTED OPINION on MOTION to Dismiss pursuant to Rule 12(b)(1) Counts I, II, and III of the Complaint filed by USA (Notice of Compliance due by 3/25/2015.) granting [8] Motion to Dismiss - Rule 12(b)(1). Signed by Judge Susan G. Braden.

Keywords: re:Central Intelligence Agenc Act,50 U.S.C. §§ 350123;Debt Collection Act, 5 U.S.C. § 5514;Jurisdiction; Military Leave,5 U.S.C. § 6323;Motion To Dismiss,RCFC 12(b)(1).

REPORTED ORDER re Motion to Dismiss as follows: (1) Motion to dismiss Southern as a party to this lawsuit is GRANTED; (2) Motion to dismiss request for prejudgment interest is DENIED; Motion to dismiss claims that relate to damages incurred after the complaint was filed is GRANTED; and Report re agreed date range for damages alleged is due by 4/1/2015). Signed by Senior Judge James F. Merow.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1) and (6), Reported Order -- Plaintiff as Proper Party; Future Damages.

STIPULATION PROCEDURE ORDER. The parties' obligations and deadlines under this court's October 20, 2014, order, including the scheduled trial, are hereby STAYED. On or before March 20, 2015, the parties shall file a stipulation setting forth all factual matters as to which they agree. Signed by Judge Francis M. Allegra. (si) Copy to parties. Modified on 2/27/2015 - corrected docket text (jt1).

Keywords: re: [415]Stipulation Procedure Order: Stipulation; Procedure ordered; Stipulation to be comprehensive; Form and exhibits; Binding effect; Impact of noncompliance.

REPORTED OPINION denying Motion for Judgment on the Administrative Record; granting [38] Cross Motion; The Clerk is directed to enter judgment. Signed by Judge Elaine D. Kaplan.

Keywords: re: Military Pay Act, 37 U.S.C. § 204; Physical Evaluation Board; Board for the Correction of Naval Records; Arbitrary and Capricious Standard; Fitness for Naval Service; SECNAVINST 1850.4E § 3405; 10 U.S.C. § 1201; 32 C.F.R. §§ 723.2, 723.6; 5 U.S.C. § 552a; Credibility Determinations

REPORTED OPINION denying Motion to Dismiss - Rule 12(b)(1), and granting motion for remand to contracting officer. The contracting officer is directed to issue a final decision on or before 3/26/2015. Case is stayed until 3/26/2015. Status Report due by 4/9/2015. 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. §§ 7101-09; Motion to Dismiss, Rule 12(b)(1); Motion for Summary Judgment, Rule 56; Motion Remand to the Contracting Officer, 41 U.S.C. § 7103(f)(5); Deemed Denial of a Claim.

REPORTED OPINION. Defendant's cross-motion for judgment on the administrative record GRANTED. Plaintiff's motion for judgment on the administrative record DENIED. (Opinion originally issued under seal on 2/13/2015 - ECF No. 25). Signed by Judge Nancy B. Firestone.

Keywords: re: Bid Protest; FAR § 15.206(d); FAR §15.306; Review of Price Evaluation.

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

Keywords: re: Reported Opinion Tucker Act, 28 U.S.C. § 1491(b)(1); Jurisdiction; Pre-award Bid Protest; Motion to Dismiss; RCFC 12(b)(1); Corrective Action; Moot; Justiciability.