USCFC General Jurisdiction-Reported

REPORTED OPINION reissuing for publication Order. Signed by Judge Margaret M. Sweeney. (kb1) Keywords: Reported Opinion: Bid Protest; Supplemental Administrative Record; RCFC 11(c)(3), Order to Show Cause; RCFC 11(b)(3), Factual Basis for Representations to the Court; RCFC 11(c)(2), Motion for Sanctions; Inherent Power to Sanction; Backdated Document; Affidavit That Conflicts With Other Materials; Sanctions Imposed

REPORTED OPINION. Signed by Judge Mary Ellen Coster Williams.

Keywords: re: Reported Opinion; Pre-award Bid Protest; 28 U.S.C. § 1491(b)(1); Jurisdiction; Standing; Prospective Bidder; Direct Economic Interest In Award; Centers for Medicare and Medicaid Services (CMS); Federal Acquisition Regulation (FAR) Part 12; FAR Subpart 8.4; Federal Acquisition Streamlining Act (FASA); Customary Commercial Practice; Payment Term; Unduly Restrictive of Competition.

REPORTED OPINION granting in part and denying in part Motion to Compel. Plaintiff shall produce all communications, regardless of creation date, that relate to the prior-art references addressed in a disclosed document dated September 13, 2004. Plaintiff is not required to produce any documents generated after the filing date of the patent application that do not relate to the issues of date of conception, date of reduction to practice, and due diligence. Signed by Judge Charles F. Lettow.

Keywords: re: Patent case; motion to compel; production of documents claimed to be protected against disclosure by attorney-client privilege. (EB)

REPORTED OPINION granting in part and denying in part Motion for Summary Judgment. The Clerk is directed to enter judgment. Signed by Judge Susan G. Braden. (dw1) Copy to parties.

Keywords: re: 26 U.S.C. § 6402 (reducing overpayments to cover outstanding liabilities); 28 U.S.C. § 1346; 31 U.S.C. § 3343 (check forgery insurance fund); 31 U.S.C. § 3716 (Treasury Offset Program); Pro Se; RCFC 56 (summary judgment).

REPORTED ORDER granting in part and denying in part Motion for Clarification. Signed by Chief Judge Patricia E. Campbell-Smith.

Keywords: re: Remand to Administrative Body; 28 U.S.C. § 1491(a)(2); RCFC 52.2(a); Clarification of Issued Remand Order

REPORTED OPINION (technical edit to opinion issued June 30, 2014, ECF No. 87. This Opinion is reissued solely to reflect the names of defendant's current counsel. No other changes to the originally issued opinion have been made.) Signed by Chief Judge Patricia E. Campbell-Smith.

Keywords: re: Reported Opinion, Cross-Motions for Summary Judgment; RCFC 56(a); Breach of Contract; Contract Interpretation; Risk-Shifting Contract Language

REPORTED OPINION (Reissuance of Opinion filed under seal on June 25, 2014, for publication). Signed by Judge Marian Blank Horn.

Keywords: re: Pro Se Plaintiff; Motion to Dismiss; Lack of Subject Matter Jurisdiction; Statute of Limitations; Incapacitation Pay.

REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1); granting [2] Motion for Leave to Proceed in forma pauperis; and denying [6] Motion for Sanctions. The Clerk is directed to enter judgment. Signed by Judge Nancy B. Firestone.

Keywords: re: Motion to dismiss, Rule 12(b)(1) (lack of subject matter jurisdiction); State law claims; Americans with Disabilities Act, 42 U.S.C. §§ 12101, 12131, 12132; Administrative Procedure Act, 42 U.S.C. §§ 701, 702.

REPORTED OPINION. Signed by Judge Mary Ellen Coster Williams.

Keywords: re: Post-Award Bid Protest; Corrective Action; Service-Disabled Veteran-Owned Small Business; Termination for Convenience; Reduction in Requirements; Reprocurement As Sole Source 8(a) Set-Aside; FAR 19.804.29; FAR 19.804-2(a); 13 C.F.R. 124.504(a); 13 C.F.R. 124.504(c).

REPORTED OPINION. Signed by Judge Marian Blank Horn.

Keywords: re: Bid Protest; Motion for Judgment on the Administrative Record; General Services Administration; Technical Evaluation; Best Value.

REPORTED OPINION. Original opinion issued under seal on 7/25/2014. Signed by Judge Lynn J. Bush.

Keywords: re: Reported Order. Post-Award Bid Protest;Protestors Standing Survives Allegation of Organizational Conflict of Interest; No Waiver of Protest Caused by Delay in Filing Protest of Agency Decision to Undertake CorrectiveAction; Waiver of Post-Award Protest of Cost Evaluation Scheme Set Forth in Solicitation; No Unstated Criteria in Reevaluation of Proposals; BestValue Award Not Shown To Be Unlawful, Arbitrary, Capricious, or an Abuse of Discretion. (TQ)

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

Keywords: re: Reported Opinion. Bid Protest; Cross-Motions for Judgment on the Administrative Record; Assignment of a Deficiency; Removal From Competitive Range; Discussions

REPORTED OPINION and ORDER granting Motion to Dismiss; denying [10] Motion to Appoint Counsel; granting [2] Motion for Leave to Proceed in forma pauperis. The Clerk is directed to enter judgment. No costs. Signed by Judge Margaret M. Sweeney.

Keywords: re: Motion to Dismiss; Motion for Appointment of Counsel; Application to Proceed In Forma Pauperis; Pro Se Plaintiff; Fifth Amendment Taking; Fourteenth Amendment; Statute of Limitations; Res Judicata; Issue Preclusion

REPORTED OPINION denying Motion to Dismiss - Rule 12(b)(1) and (6). Defendant's response to plaintiff's complaint due by October 6, 2014. Signed by Judge Victor J. Wolski.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1) and (6), Reported Opinion: RCFC 12(b)(6) motion to dismiss; Bureau of Land Management; 30 U.S.C. § 28f; unpatented mining claim maintenance fee; statutory interpretation; plain meaning; not ambiguous; no absurd result; IOAA, 31 U.S.C. § 9701(b); voluntary payment as affirmative defense.

REPORTED OPINION denying Motion to Dismiss - Rule 12(b)(1) filed by USA. Defendant's Answer is due by 9/5/2014.. Signed by Judge Charles F. Lettow.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1), Reported Opinion. Tax case; claim for refund of taxes paid by a person alleged to be a nonresident alien; timeliness of request for refund; I.R.C. §§ 6511, 7422; genuine dispute of jurisdictional fact

REPORTED OPINION on MOTION for Attorney Fees filed by ULYSSES, INC., granting [175] Motion for Attorney Fees. Signed by Judge Mary Ellen Coster Williams.

Keywords: re: Order on Motion for Attorney Fees; Reported Opinion; Equal Access to Justice Act, 29 U.S.C. § 2412; Substantial Justification; Government Counterclaims; False Claims Act, 31 U.S.C. § 3729(c) (2000); Contract Disputes Act Fraud Provision, 41 U.S.C. § 604 (2000); Forfeiture of Fraudulent Claims Act, 28 U.S.C. § 2514 (2000).

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

Keywords: re: Dismissal for lack of subject-matter jurisdiction, RCFC 12(b)(1); contract closeout; contract administration; no bid protest jurisdiction, 28 U.S.C. § 1491(b); Contract Disputes Act, 41 U.S.C. §§ 7101-7109; standing; no competitive injury alleged.

REPORTED OPINION: The government's motion to dismiss Count I and portions of Count III of the complaint is granted, and plaintiffs' motion for summary judgment as to those counts is denied. Further, because the government has conceded liability as to the 2007 refund claim in Count II of the complaint, plaintiffs' motion for summary judgment is granted-in-part and denied-in-part. Joint Status Report due by 9/5/2014. Signed by Judge Nancy B. Firestone.

Keywords: re: Pro Se; refund claim untimely under 26 U.S.C. Sec. 6511(a); lack of jurisdiction to hear partner-level refund suits under 26 U.S.C. Sec. 7422.

REPORTED ORDER finding as moot Motion to Appoint Counsel; granting [7] Motion to Dismiss - Rule 12(b)(1) and (6); finding as moot [14] Motion for Summary Judgment; finding as moot [15] Motion for subpoena of file and documents; finding as moot [16] Motion for a copy of the official record; finding as moot [17] Motion for Summary Judgment; finding as moot [20] Motion for Declaratory Judgment; finding as moot [21] Motion for an order; finding as moot [23] Motion to Strike all defendant's motions; finding as moot [25] Motion for Disclosure and; finding as moot [26] Motion for Summary Judgment. Pursuant to Rule 11(c)(3) of the Rules of the United States Court of Federal Claims, Plaintiff has thirty (30) days to show cause why the court should not issue an anti-filing injunction. In the interim, the Clerk's Office will reject any additional complaints from Plaintiff unless accompanied by the court's required filing fee. Signed by Judge Susan G. Braden. (dw1) Copy to parties.

Keywords: re: Frivolous lawsuits; Jurisdiction; Motion to Dismiss, RCFC 12(b)(1); Pro Se; RCFC 53 (masters).

PUBLISHED OPINION (Reissuance of Opinion filed under seal on July 24, 2014 for publication). Signed by Judge Nancy B. Firestone.

Keywords: re: Bid protest; dismissal of non-protest claims sounding in tort, implied contract, and based on the Administrative Procedure Act; judgment for government on the administrative record; elimination from the competitive range justified