USCFC General Jurisdiction-Reported

REPORTED OPINION denying Plaintiffs' Motion for Summary Judgment; granting in part and finding in part as moot [97] Defendant's Cross Motion. The Clerk is directed to enter judgment. Signed by Judge Nancy B. Firestone.

Keywords: re: Cross-Motion for Summary Judgment; Fair Labor Standards Act; Learned Professional Exemption; Teacher Exemption; United States Customs and Border Protection; Course Developer/Instructor.

REPORTED OPINION Published.Signed by Judge Nancy B. Firestone.

Keywords: re: Post-Award Bid Protest; Javits-Wagner-ODay Act, 41 U.S.C. § 8501 et seq.; AbilityOne Program; Direct Labor Ratio; Alaska-Native-OwnedCorporation Craig.

REPORTED ORDER. Memorandum due by 1/5/2015 Response due by 1/12/2015.Signed by Judge Francis M. Allegra. (Allegra, Francis) Copy to parties.

REPORTED ORDER denying Motion to Dismiss - Rule 12(b)(1). Defendant's Answer to plaintiffs' complaint due by 1/30/2015.. Signed by Judge Lynn J. Bush.

Keywords: re: Opinion on Motion to Dismiss - Rule 12(b)(1), Reported Order. Underpayment Claim; Money-Mandating Regulation; 38 C.F.R.§ 17.56 (2008); RCFC 12(b)(1); RCFC 12(b)(6). (TQ)

REPORTED OPINION granting in part and denying in part Cross Motion; granting in part and denying in part [7] Motion for Summary Judgment. The Clerk is directed to enter judgment. Signed by Judge Elaine D. Kaplan.

Keywords: re: and [7] Unjust Conviction and Imprisonment; 28 U.S.C. § 1495; 28 U.S.C. § 2513; Damages; Sentencing Credit; 18 U.S.C. § 3585; Pre-Trial Detention

REPORTED OPINION granting Motion for Summary Judgment; denying [25] Motion to Strike. The Clerk is directed to enter judgment. Signed by Judge Victor J. Wolski.

Keywords: re: Order on Motion for Summary Judgment, Order on Motion to Strike, Reported Opinion. Alleged breach of fiduciary duties; Bureau of Prisons; inmate trust fund account; Inmate Financial Responsibility Program, 28 C.F.R. § 545.11(d); payment of court-ordered fine; coercion or duress; unlawful or improper conduct standard; summary judgment for the government, RCFC 56.

REPORTED ORDER. Docketed for administrative purposes only. Signed by Judge Susan G. Braden.

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

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

REPORTED OPINION and ORDER reflecting no redactions from prior version issued under seal on December 5, 2014. Signed by Judge Charles F. Lettow.

Keywords: re: Reported Opinion. Patent case; U.S. Patent No. 7,175,722 entitled "Methods and Apparatus for Stress Relief Using Multiple Energy Sources"; enablement challenge; 35 U.S.C. § 112, Paragraph 1 (2006); Wands factors; dependent claim that does not state a further limitation on the independent claim upon which it depends; 35 U.S.C. § 112, Paragraph 4 (2006).

REPORTED OPINION denying Defendant's Motion for Summary Judgment; granting [190] Plaintiff's Cross Motion. (Status Report due by 12/23/2014). Signed by Senior Judge Eric G. Bruggink. (jpk1) Copy to parties.

Keywords: re: Reported Opinion, Takings; Rails-to-Trails; Abandonment of Easement; Calculation of Damages.

REPORTED OPINION and ORDER granting Motion to Dismiss - Rule 12(b)(1) and (6). The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler.

Keywords: re: Jurisdictional Requirements for a Tax Refund Suit; Failure to State a Claim Upon Which Relief Can Be Granted; Lack of Subject Matter Jurisdiction; Money-Mandating Source; Prison Litigation Reform Act.

REPORTED OPINION. Signed by Judge Marian Blank Horn.

REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(6). The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1), Reported Opinion. Action for Improper Military Discharge; Jurisdiction Under Military Pay Act; Voluntary Separation; Failure to State a Claim on Which Relief Can Be Granted.

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

Keywords: re: Reported Opinion: Bid Protest; Motion to Vacate; Motion for Leave to File an Amended Complaint; Foman v. Davis; Futility; Ripeness

REPORTED OPINION Signed by Judge Thomas C. Wheeler.

Keywords: re: Post-Award Bid Protest; TSA Procurement for Airport Security Services; Challenges to Agency's Evaluation After Remand; Analysis of Disparate Offerors With Identical Non-Price Ratings; Degree of Agency Discretion in Best Value Procurements.

REPORTED ORDER & OPINION [Redacted] denying Motion for Preliminary Injunction; denying [28] Motion to Complete and Supplement the Administrative Record and for Leave to Take Related Discovery. Signed by Judge Elaine D. Kaplan.

Keywords: re: Post-Award Bid Protest; Motion for Judgment on the Administrative Record; Failure to Conform to Material Requirements of the Solicitation; FAR Part 8 Versus FAR Part 15; FAR 1.102-2; Fair and Impartial Treatment; Organizational Conflict of Interest (cr)Keywords: re: [61] Post-Award Bid Protest; Preliminary Injunction; Irreparable Harm; Balance of Hardships; Supplementing the Administrative Record

REPORTED ORDER AND OPINION. Signed by Judge Elaine D. Kaplan.

Keywords: re: Post-Award Bid Protest; Motion for Judgment on the Administrative Record; Failure to Conform to Material Requirements of the Solicitation; FAR Part 8 Versus FAR Part 15; FAR 1.102-2; Fair and Impartial Treatment; Organizational Conflict of Interest (cr)Keywords: re: [61] Post-Award Bid Protest; Preliminary Injunction; Irreparable Harm; Balance of Hardships; Supplementing the Administrative Record

REPORTED OPINION granting in part and denying in part Motion to Dismiss - Rule 12(b)(1); denying [12] Motion to Dismiss - Rule 12(b)(6); granting [12] Motion for Judgment on the Administrative Record; and denying [18] Cross Motion for Judgment on the Administrative Record. The Clerk is directed to enter judgment. Signed by Judge Elaine D. Kaplan. (cr) Copy to parties. (Main Document 51 replaced on 11/24/2014) (dw1). Modified on 1/23/2015 - corrected pdf(jt1).

Keywords: re: Tucker Act; 28 U.S.C. § 1491; Military Pay Act; 37 U.S.C. § 204; Military Whistleblower Protection Act; 10 U.S.C. § 1034; First Amendment; Motion to Dismiss; Subject Matter Jurisdiction; RCFC 12(b)(1); Failure to State a Claim; RCFC 12(b)6); RCFC 52.1; Board of Corrections of Naval Records; Special Courts-Martial Conviction; Navy Chaplain; Religious Discrimination; Waiver of Claims

REPORTED OPINION denying Motion to Dismiss - Rule 12(b)(1); granting [12] Motion for Extension of Time to Answer,Answer due by 12/19/2014. Signed by Senior Judge Eric G. Bruggink.

Keywords: re: Clean Water Act; mitigation bank; contract; regulatory function; subject matter jurisdiction

REPORTED OPINION (Reissuance of Opinion filed under seal on October 20, 2014, for publication). Signed by Judge Nancy B. Firestone.

Keywords: re: Summary Judgment; Rails to Trails; Scope of Easement; Abandonment; New York Law