USCFC General Jurisdiction-Reported

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

Keywords: re: Reported Opinion Bid Protest; Motion to Dismiss; Mootness; Corrective Action

Order Dismissing Case. The Clerk is directed to enter judgment. Signed by Judge Susan G. Braden. (aw) Copy to parties. Modified on 11/19/2014--corrected docket text

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: Tucker Act; 28 U.S.C. § 1491; Motion to Dismiss for Lack of Subject Matter Jurisdiction; RCFC 12(b)(1); Waiver of Sovereign Immunity; Privity of Contract; Equitable Subrogation; General Liability Insurer; Miller Act Surety

REPORTED OPINION. Reissued public version of Sealed Memorandum Opinion and Final Order. Signed by Judge Susan G. Braden. (ct) Copy to parties. Modified on 11/18/2014--corrected docket text

Keywords: re: Bid Protest; Competition in Contracting Act of 1984 (CICA), 31 U.S.C. § 3553 (Automatic Stay);Federal Acquisition Regulations (FAR) 48 C.F.R. §§ 19.508(e) (Solicitation provisions and contract clauses), 52.219-14(c)(1) (Limitations on subcontracting);26 U.S.C. § 401K (Qualified pension, profit-sharing, and stock bonus plans);15 U.S.C. §§ 644(o) (Awards or Contracts); 13 C.F.R. §125.1 (g) (Programs included). (ct) Modified on 11/18/2014 (jb)--corrected docket text.

Docketed for Administrative Purposes MEMORANDUM OPINION AND FINAL ORDER. Signed by Judge Susan G. Braden. (jt1) Copy to parties.

Keywords: re: Administrative Procedures Act, 5 U.S.C. § 701; Competition in Contracting Act, 41 U.S.C. § 253; Federal Acquisition Regulations (FAR) 48 C.F.R. §§ 2.101 (Federal Acquisition Regulations Systems: Definitions), 22.1006 (Solicitation Provisions And Contract Clauses), 52.212-5(c) (Contract Terms and Conditions Required To Implement Statutes Or Executive Orders-Commercial Items), 52.222-41(c) (Service Contract Labor Standards); 52.222-53 (Exemption From Application Of The Service Contract Labor Standards); Federal Acquisition Streamlining Act, 10 U.S.C. § 2304c (Armed Services); Jurisdiction; Service Contract Act, 41 U.S.C. § 6702 (Contracts To Which Service Contract Act Applies)(aw) Modified on 11/18/2014--corrected docket text (jb).Keywords: re: [25] Administrative Procedures Act, 5 U.S.C. § 701; Competition in Contracting Act, 41 U.S.C. § 253; Federal Acquisition Regulations (FAR) 48 C.F.R. §§ 2.101 (Federal Acquisition Regulations Systems: Definitions), 22.1006 (Solicitation Provisions And Contract Clauses), 52.212-5(c) (Contract Terms and Conditions Required To Implement Statutes Or Executive Orders-Commercial Items), 52.222-41(c) (Service Contract Labor Standards); 52.222-53 (Exemption From Application Of The Service Contract Labor Standards); Federal Acquisition Streamlining Act, 10 U.S.C. § 2304c (Armed Services); Jurisdiction; Service Contract Act, 41 U.S.C. § 6702 (Contracts To Which Service Contract Act Applies)

REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1) and (6). The Clerk is directed to enter judgment. Signed by Judge Susan G. Braden.

Keywords: re: Jurisdiction; Motion to Dismiss, RCFC 12(b)(1), 12(b)(6); Res Judicata; Pro Se; 10 U.S.C. Sec. 1201 (Regulars and members on active duty for more than 30 days: retirement); 10 U.S.C. Sec. 1202 (Regulars and members on active duty for more than 30 days: temporary disability retired list); 10 U.S.C. Sec. 1203 (Regulars and members on active duty for more than 30 days: separation); 10 U.S.C. Sec. 1208 (Computation of service); 10 U.S.C. Sec. 1209 (Transfer to inactive status list instead of separation); 10 U.S.C. Sec. 1210 (Members on temporary disability retired list: periodic physical examination; final determination of status); 10 U.S.C. Sec. 12731 (Age and service requirements); 10 U.S.C. Sec. 12738 (Limitations on revocation of retired pay); 28 U.S.C. Sec. 1491 (Claims against United States generally; actions involving Tennessee Valley Authority).

REPORTED OPINION Providing Claim Construction for U.S. Patent No. 7,781,693 and Granting Motion to Strike. Signed by Judge Charles F. Lettow.

Keywords: re: Patent case; claim construction for U.S. Patent No. 7,781,693.

REPORTED OPINION granting Motion for Summary Judgment. The Clerk is directed to dismiss the complaint. No costs. Signed by Judge Francis M. Allegra.

Keywords: re: Civil employment; Motion for summary judgment RCFC 56; Living quarters allowance (LQA); Plaintiff did not meet eligibility requirements under DSSR § 031.12(b); Summary judgment motion granted.

REPORTED OPINION denying Motion for Partial Summary Judgment; granting [21] Cross Motion. The Clerk is directed to enter judgment. Signed by Judge Susan G. Braden. (Attachments: # (1) Exhibit Court Exhibit A)

Keywords: re: Clean Water Act, 33 U.S.C. §§ 1311(a), 1342(a), 1344(a), 1362(7), (12)(14); Tucker Act, 28 U.S.C. § 2501 (Statute of limitations);Wetlands Mitigation Bank;33 C.F.R. §§ 32032, 332.3(a)(1) (General compensatory mitigation requirements), 332.8(o)(3) (Credit production); 40 C.F.R. § 230.10(d) (Restrictions on discharge);60 FED. REG. 58,605-02, 58,606 (Nov. 28, 1995) (defining wetlands mitigation banking).

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

Keywords: re: Settlement;Summary Judgment, RCFC 56;48 C.F.R. § 2.101 (Contracting Officer And Contracting Officers Technical Representative);48 C.F.R. § 52.212-4(m) (Termination For Cause).

REPORTED OPINION. The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler.

Keywords: re: Reported Opinion: Bid Protest; DoD's Sustainment Management System; Subject Matter Jurisdiction; Standardization Decision; Distributed Solutions; Definition of Procurement.

REPORTED ORDER - unsealed reissuance of Order granting [35] Motion for discovery. Signed by Judge Victor J. Wolski.

Keywords: re: Reported Order - post-award bid protest; United States Marine Corps; supplementation of administrative record; extra-record evidence of bad-faith or bias; declaration containing specific allegations of bias; conduct hard to explain absent bias; hard facts sufficient to support discovery.

REPORTED ORDER denying Motion to Amend Pleadings - Rule 15(b). Signed by Judge Nancy B. Firestone.

REPORTED OPINION AND ORDER denying Motion to Compel; denying [76] Motion to Compel; denying [77] Motion to Compel; denying [78] Motion to Compel; granting [79] Motion for Extension of Time to Complete Discovery (Fact Discovery due by 11/17/2014). Signed by Judge Charles F. Lettow.

Keywords: re: Patent case; motions to compel the production of documents from a CRADA partner of the government and from one of the governments national laboratories; RCFC 26(b)(1)-(2), (g)(1); application of proportionality considerations to plaintiffs discovery requests; classified documents.

REPORTED OPINION (REDACTED) granting Defendant's Motion for Judgment on the Administrative Record; denying Plaintiff's Motion for Judgment on the Administrative Record. Signed by Judge Elaine D. Kaplan.

Keywords: re: 28 U.S.C. § 1491(b)(1); Post-award Bid Protest; Best-Value Negotiated Procurement Conducted under FAR Part 15; FAR 15.305; FAR 15.308; PastPerformance; Neutral Rating; Tradeoff; RCFC 52.1

AMENDED REPORTED OPINION granting Motion for Partial Summary Judgment; denying [63] Cross Motion. Signed by Judge Nancy B. Firestone.

Keywords: re: Interest Netting under 26 U.S.C. § 6621(d); Same Taxpayer; Merged Corporations (sr) Modified on 11/10/2014 (jt1).

Docketed for Administrative Purposes MEMORANDUM OPINION AND FINAL ORDER. Signed by Judge Susan G. Braden. (jt1) Copy to parties.

Keywords: re: Jurisdiction; Motion to Dismiss, RCFC 12(b)(1), RCFC 12(b)(6); Pro Se .

REISSUED OPINION. Signed by Judge Marian Blank Horn.

REPORTED OPINION ( Joint Status Report due by 11/7/2014) granting, in part, and denying, in part Motion to Certify Class. Signed by Judge Francis M. Allegra.

Keywords: re: Class action RCFC 23; Premium pay; Sunday premium pay under 5 U.S.C. §§ 5544(a) and 5546(a); Fathauer; Part-time employees; Numerosity; Commonality; Typicality; Adequacy; Superiority; Motion for class action under RCFC 23 allowed, in part.

Published Opinion and Order reflecting no redactions of confidential or proprietary information from the decision previously filed under seal on October 10, 2014. Signed by Judge Charles F. Lettow.

Keywords: re: Post-award bid protest; challenge to decertification of Service-Disabled Veteran-Owned Small Business for eligibility for an award of a construction contract as to which it was the apparent responsible, responsive lowest-cost bidder; protestor's lack of opportunity to address issue treated as dispositive by the agency; procedural due process; 5 U.S.C. § 555; unconditional nature of service-disabled veteran's majority ownership of the business; prejudice; remedy.