USCFC General Jurisdiction-Reported

REPORTED ORDER AND OPINION granting Defendant's Motion for Partial Summary Judgment and denying [63]Plaintiff's Cross-Motion for Partial Summary Judgment.. Signed by Senior Judge Eric G. Bruggink. (jpk1) Copy to parties.

Keywords: re: Order on Motion for Partial Summary Judgment, Reported Order: Contract Disputes Act; Excusable delay; Notice of delay; Waiver; No-waiver clause; Bad Faith

REPORTED ORDER denying J. Timothy Howard's application for admission to the protective order. Signed by Judge Margaret M. Sweeney.

Keywords: re: Limiting Access to Protective Order; Risk of Disclosure; Valid Risk of Harm.

REPORTED OPINION 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 Plaintiffs, Breach of Contract; Motion to Dismiss; Lack of Subject Matter Jurisdiction; Failure to State a Claim; Federal Crop Insurance Reform and Department of Agriculture Reorganization Act of 1994, 7 U.S.C. § 6901, et seq.

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

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

REPORTED OPINION. The Clerk is directed to dismiss the Amended Complaint. Signed by Judge Susan G. Braden.

Keywords: re: The California Desert Conservation Act, 43 U.S.C. § 1781;The California Desert Protection Act, 16 U.S.C. § 1410aaa-7j;The Common Varieties Act, 30 U.S.C. § 611;The Federal Land Management and Policy Act of 1976, 43 U.S.C. § 1701 et seq.;The Mining Law of 1872,30 U.S.C. §§ 2254;Takings Clause of the Fifth Amendment to the United States Constitution, U.S. Const. amend. V, cl. 4;Unpatented mining claims; 28 U.S.C. § 2501 (statute of limitations);RCFC 12(h)(3) (lack of subject matter jurisdiction).

REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1). The Clerk is directed to enter judgment. Signed by Judge Francis M. Allegra.

Keywords: re: Tax refund suit; RCFC 12(b)(1); Jurisdiction tax jurisdiction is under 28 U.S.C § 1492(a)(1) not 28 U.S.C. § 1346(a)(1); Statute of Limitations in 28 U.S.C. § 6532(a)(1); Equitable tolling RFI Holdings; Motion to dismiss granted.

REPORTED OPINION. The Clerk is directed to enter judgment for plaintiff. Signed by Senior Judge Eric G. Bruggink. (jpk1) Copy to parties.

Keywords: re: Reported Opinion: Pre-Award Bid Protest; NAICS code 237990; Small business size standard; Small Business Administration Office of Hearings and Appeals; Injunctive relief

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); Pro Se; Summary Judgment, RCFC 56 re: [7] Order on Motion to Dismiss - Rule 12(b)(1) and (6), Reported Opinion

REPORTED OPINION granting Motion for Bill of Costs; granting in part and denying in part [39] Motion for Attorney Fees. Hyperion is awarded attorneys fees of $30,309.19, paralegal fees of $987.00, and expenses of $441.26. Hyperion is awarded the filing fee of $400.00. In total, Hyperion is awarded $32,137.45. The Clerk is directed to enter judgment. Signed by Judge Charles F. Lettow.

Keywords: re: Order on Motion for Bill of Costs; Order on Motion for Attorney Fees; Reported Opinion; Application by a prevailing plaintiff for an award of attorneys' fees and expenses pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412; no substantial justification for the government's position; reduction in an attorney's hours for work ordinarily done by a paralegal.

REPORTED OPINION granting Motion to Supplement the Administrative Record; denying [11] Motion for Judgment on the Administrative Record; granting in part and denying in part [14] Motion to Dismiss - Rule 12(b)(1); granting [14] Motion for Judgment on the Administrative Record; granting [17] Motion to Amend/Correct. The Clerk is directed to enter judgment. Signed by Judge Mary Ellen Coster Williams.

Keywords: re: Pre-award Bid Protest; 28 U.S.C. § 1491(b)(1); Jurisdiction; Standing; Federal Acquisition Regulation (FAR) 52.212-1(f); Late Proposal; Supplementation of Administrative Record.

REPORTED OPINION dismissing plaintiffs' takings claim as unripe, dismissing the breach-of-contract claim asserted by three plaintiffs for lack of standing, and dismissing the remaining plaintiff's breach-of-contract claim with prejudice. The Clerk is directed to enter judgment. Signed by Judge Margaret M. Sweeney. (kb1)

Keywords: re: Reported Opinion, Trial; Suspension of Oil and Gas Leases; Concurrent Development of Oil and Gas and Trona; Resource Management Plans; Breach of Contract; Fifth Amendment Taking; Jurisdiction; Statute of Limitations; Justiciability; Ripeness; Standing; Repudiation

REPORTED OPINION on granting in part and denying in part Government's MOTION to Dismiss pursuant to Rule 12(b)(6) . Signed by Judge Nancy B. Firestone.(tc) Copy to parties. Answer due by 10/16/2014.

Keywords: re: Motion to dismiss for failure to state a claim; breach of contract; breach of implied covenant of good faith and fair dealing; Import-Export Bank.

REPORTED OPINION. The Clerk is directed to enter judgment. Signed by Judge Mary Ellen Coster Williams.

Keywords: re: Reported Opinion Breach of Implied-in-Fact Contract; Breach of Duty of Good Faith and Fair Dealing; Duty to Protect; Confidential Informant; Violation of Procedures; Multiple Sclerosis; Expectation Damages; Causation; Foreseeability; Reasonable Certainty.

REPORTED OPINION denying Defendant's MOTION to Stay this Case Pending the Inter Partes Review of the Patent-in-Suit Before the Patent Trial and Appeal Board. Signed by Chief Judge Patricia E. Campbell-Smith.

Keywords: re: Order on Motion to Stay, Reported Opinion -- Patent; Motion to Stay; Patent and Trademark Office (PTO); Inter Partes Review; 35 U.S.C. §§ 311 through 319.

REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1). The Clerk is directed to enter judgment. Signed by Senior Judge Eric G. Bruggink.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1), Reported OpinionContract Disputes Act; Claim; Certification; Contracting Officer's Final Decision; Subject Matter Jurisdiction; GSA Online Auction. (ar) Modified on 9/29/2014 (jt1).

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

Keywords: re: Reported Opinion: Post-award Bid Protest; Subject Matter Jurisdiction; Task Order Award Less Than $10 Million; 10 U.S.C. § 2304c(e); Untimely Protest; Blue & Gold Fleet.

REPORTED OPINION. The Clerk is directed to enter judgment. Signed by Judge Edward J. Damich.

Keywords: re: Nonmanufacturer Rule, 15 U.S.C. § 637(a)(17), Bid protest, Injunctive relief, NAICS code determination

REPORTED OPINION denying Motion for Summary Judgment; denying [62] Cross-Motion for Summary Judgment. Status Report due by 10/10/2014. Signed by Judge Nancy B. Firestone. (sr) Copy to parties. Modified on 9/18/2014--corrected pdf

Keywords: re: Motion for Summary Judgment; Termination for Convenience; Abdication of Contracting Officers Authority; Disputed Issues of Material Fact

REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(6). The Clerk is directed to enter judgment. Signed by Judge Lynn J. Bush.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(6), Reported Opinion. No Plausible Claims for Regulatory Takings Arising from Warnings to Consumers of a Possible Link between Tomatoes and Salmonella Outbreak. (TQ)

REPORTED OPINION. Signed by Judge Marian Blank Horn.

Keywords: re: Opinion Military Pay; Motion for Judgment on the Administrative Record; 10 U.S.C. § 1201; 10 U.S.C. § 1216a; Department of Veterans Affairs Schedule for Rating Disabilities (VASRD); 38 C.F.R. Part 4; 38 C.F.R. § 4.124a.Keywords: re: [55] Reported Opinion