USCFC General Jurisdiction-Reported

REPORTED ORDER - (re: Preliminary Injunction - docketed for administrative purposes). Signed by Judge Susan G. Braden. (jt1) Copy to parties.

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: Order on Motion to Dismiss - Rule 12(b)(1) and (6), Reported Opinion; Administrative Procedure Act, 5 U.S.C. § 551 et seq.; Arizona Wilderness Act of 1984, Pub. L. 98-406, 98 Stat. 1485 (as amended);Federal Land Policy and Management Act of 1976, 43 U.S.C. § 1701 et seq.; Mining Law of 1872, 30 U.S.C. §§ 22-47; National Environmental Policy Act of 1969, 42 U.S.C. § 4321 et seq.;Surface Mining Control and Reclamation Act of 1977, 30 U.S.C. §§ 1201-1328 (governing surface coal mining operations);Ripeness; 36 C.F.R. § 228.4(c) (plan of operations for mining on Forest Service lands); 36 C.F.R. § 228.5(a)(1)-(5) (approving a plan of operations for mining on Forest Service lands);43 C.F.R. § 3809.100(a) (provisions applicable to segregated or withdrawn lands);43 C.F.R. § 3809.401(b) (requirements for plan of operations on BLM lands);43 C.F.R. § 3832.11(c)(1) (locating mining claims);RCFC 12(b)(1) (jurisdiction); RCFC 12(b)(6) (failure to state a claim).

REPORTED OPINION granting-in-part, denying-in-part, and staying-in-part Plaintiffs' MOTION for Partial Summary Judgment. Signed by Chief Judge Patricia E. Campbell-Smith.

Keywords: re: Opinion and Order on Motion for Partial Summary Judgment, Reported Opinion: Partial Summary Judgment; RCFC 56; Class Action; Veterans Affairs (VA); 38 U.S.C. §§ 7401, 7408; General Schedule Federal Employees; Accrued and Accumulated Annual Leave; 5 U.S.C. §§ 6303, 6304; Separation; Lump-Sum Payment Statute; 5 U.S.C. §§ 5551, 5552, 5553; 5 C.F.R. § 550.1205; Cost-of-Living Adjustment (COLA); Locality Pay Adjustment

REPORTED Order granting Motion to Dismiss - Rule 12(b)(1) and (6). The Clerk is directed to enter judgment. Signed by Judge Marian Blank Horn. Copy to parties.

Keywords: re: Pro Se Plaintiff; Motion to Dismiss; Lack of Subject Matter Jurisdiction; Failure to State a Claim; Intellectual Property; Copyright: Implied-in-Fact Contract. (dls) Modified on 7/15/2014 (jt1).

REPORTED OPINION, originally filed under seal on April 14, 2014. Signed by Judge Nancy B. Firestone.

Keywords: re: Reported Opinion Bid Protest, Motion to Dismiss, Lack of Standing; Failure to Establish Substantial Chance of Award

REPORTED OPINION granting-in-part and denying-in-part Motion for Summary Judgment and granting-in-part and denying-in-part [97] Cross-Motion for Summary Judgment. Proposed Judgment due by 5/9/2014. Signed by Judge Nancy B. Firestone.

Keywords: re: Reported Opinion, Standing To Bring Takings Claim; Assignment of Claims Act; Subrogation; RCFC 17 Substitution; Physical Possession and Use for Public Purpose; Interest on takings claim

REPORTED OPINION denying Defendant's Motion to Amend Answer to Assert Counterclaims pursuant to Rule 15(a). Signed by Judge Mary Ellen Coster Williams.

REPORTED OPINION reflecting redactions from the sealed opinion issued on April 9, 2014. Signed by Judge Charles F. Lettow.

Keywords: re: Post-award bid protest; small business set aside; lowest price technically acceptable procurement; limitation on subcontracting; FAR § 52.219-14(c); required inclusion in proposals of analyses to establish the reasonableness of proposed subcontract prices; FAR § 15.404-3(b)(1)-(2); prejudice; equitable relief (EB) Modified on 7/21/2014 (jt1).

REPORTED OPINION ( Status Report due by 4/30/2014) granting Motion to Dismiss - Rule 12(b)(6). Signed by Judge Victor J. Wolski.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(6), Reported Opinion RCFC 12(b)(6) motion for partial dismissal; Contract Disputes Act; firm-fixed-price contract, 48 C.F.R § 16.202-1; no adjustments for cost experience; new claim based on different operative facts.

REPORTED OPINION granting Defendant's Motion for Reconsideration re [81] Order on Motion for Summary Judgment and denying [85] Plaintiff's Cross-Motion for Reconsideration re [81] Order on Motion for Summary Judgment. Signed by Chief Judge Patricia E. Campbell-Smith.

Keywords: re: Order on Motion for Reconsideration, Reported Opinion, RCFC 54(b), Reconsideration, Partial Summary Judgment, Patent, Invalid, Anticipation, 35 U.S.C. § 102(e), Prior Art

REPORTED OPINION denying Motion to Dismiss - Rule 12(b)(1); (Status Report due by 6/9/2014). Signed by Judge Thomas C. Wheeler.

Keywords: re: Motion to Dismiss; RCFC 12(b)(1); Voluntary Dismissal; RCFC 41(a)(1); Section 515 of the Housing Act of 1949; Emergency Low Income Housing Preservation Act of 1987 (ELIHPA); Anticipatory Repudiation; Effect of Dismissal Without Prejudice on Statute of Limitations.

REPORTED OPINION granting Motion to Dismiss. The Clerk is directed to enter judgment. Signed by Judge Victor J. Wolski.

REISSUED OPINION--Filed this date. Signed by Judge Lawrence J. Block.

Keywords: re: Reissued Opinion--Bid protest; Judgment on the administrative record; Standards for corrective action; Injunctive relief; Permanent injunction. (smm) Modified on 7/22/2014 (jt1).

REPORTED OPINION granting Motion to Amend Pleadings - Rule 15(b). Signed by Judge Charles F. Lettow.

Keywords: re: Order on Motion to Amend Pleadings - Rule 15(b), Reported Opinion - Takings claim; proposed amendment of answer to add the defense of laches; timeliness; futility; assertion of extraordinary circumstances

REPORTED OPINION. Redacted version of the opinion issued under seal on 3/14/2014.. Signed by Judge Lynn J. Bush.

Keywords: re: Bid Protest; Concession Contract; 28 U.S.C. § 1491(a) (2012); Whether the Terms of a Draft Contract Invalidate the Agencys Evaluation of theAwardees Proposal. (TQ) Modified on 7/21/2014 (jt1).

REPORTED OPINION denying Motion for Partial Summary Judgment; denying [133] Cross Motion for Summary Judgment. Joint Status Report due by 4/28/2014. Signed by Judge Margaret M. Sweeney. (kb1)

Keywords: re:Cross-Motions for Summary Judgment; Contract to Design and Build Prefabricated Building; Compulsory Counterclaim; Contract Disputes Act of 1978; Excusable Delay; Critical Path; Changes; Suspension of Work (kb1) Modified on 7/1/2014 (lld).

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

Keywords: re: Tax; Refund Claim; Full Payment Rule; Requirement of a Timely Administrative Claim, 26 U.S.C. §§ 6511(a), 7422(a) (2012); Jurisdictional Effect of a Previous Tax Court Petition. (TQ) Modified on 7/22/2014 (jt1).

PUBLISHED OPINION (Reissuance of Opinion filed under seal on March 26, 2014, for publication). Signed by Judge Nancy B. Firestone.

Keywords: re: Bid protest; best value procurement; deference to technical and past performance evaluation; failure to timely challenge terms of a solicitation. (rh) Modified on 7/21/2014 (jt1).

REPORTED REDACTED OPINION. Signed by Judge Marian Blank Horn.

Keywords: re: Post-Award Bid Protest; Air National Guard; Mass Notification System; Price Realism; Government-Furnished Property; Injunction. (jm5) Modified on 7/22/2014 (jt1).

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