USCFC General Jurisdiction-Reported

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

Keywords: re: Reported Opinion Fifth Amendment Taking; Rails-to-Trails, 16 U.S.C. § 1241 et seq.; Just Compensation; Fair Market Value of Property Pre- and Post-Taking; Severance Damages; Conversion Land Damages; Cost to Cure; Buffering; Loss of Access; Unit Rule; Noneconomic Remainder; Highest and Best Use; Private Deed Restrictions; Public Use Restrictions; Zoning; Covenants, Conditions, and Restrictions; Expert Disclosures; Striking Expert Testimony.(td)Keywords: re: [22] Order on Motion for Relief from Judgment - Rule 60 Fifth Amendment Taking; Rails-to-Trails, 16 U.S.C. § 1241 et seq.; RCFC 60(a); Correction of Clerical Mistake.

REPORTED OPINION (Status Report due by 5/2/2014) granting in part and denying in part Motion to Dismiss - Rule 12(b)(1).. Signed by Judge Lynn J. Bush.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1), Reported Opinion. Contract; Contract Disputes Act, 41 U.S.C. §§ 7101-7109 (Supp. V 2011); One-Year Statute of Limitations for Challenging a Contracting Officers Final Decision, 41 U.S.C. § 7104(b)(3). (TQ)

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

Keywords: re: Reported Opinion Fifth Amendment Taking; Rails-to-Trails, 16 U.S.C. § 1241 et seq.; Just Compensation; Fair Market Value of Property Pre- and Post-Taking; Severance Damages; Conversion Land Damages; Cost to Cure; Buffering; Loss of Access; Unit Rule; Noneconomic Remainder; Highest and Best Use; Private Deed Restrictions; Public Use Restrictions; Zoning; Covenants, Conditions, and Restrictions; Expert Disclosures; Striking Expert Testimony.(td)Keywords: re: [17] Order on Motion for Relief from Judgment - Rule 60 Fifth Amendment Taking; Rails-to-Trails, 16 U.S.C. § 1241 et seq.; RCFC 60(a); Correction of Clerical Mistake

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

Keywords: re: Reported Opinion 35 U.S.C. 101, patent eligibility; 35 U.S.C. 103, obviousness; 35 U.S.C. 112, written description.

REPORTED OPINION denying Motion to Dismiss - Rule 12(b)(1) - remanding to the National Park Service for six months pursuant to RCFC 52.2(b)(1)(B) and staying the case in the interim - RCFC 52.2(b)(1)(C). Status Report due by 6/26/2014. Signed by Judge Charles F. Lettow.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1), Reported Opinion, Contract dispute; property acquisition and relocation contract entered to support creation of the Flight 93 National Memorial; claims under the Contract Disputes Act, 41 U.S.C. § 7104, and the Uniform Relocation Assistance and Real Property Acquisition Policies Act, 42 U.S.C. § 4622; jurisdiction; exhaustion of administrative remedies; inchoate claims and contracting officers incipient decisions; remand.

REPORTED Order granting Defendant's Motion to Dismiss - Rule 12(b)(6) and finding as moot [8] Plaintiff's Motion for Summary Judgment. The Clerk is directed to enter judgment. Signed by Senior Judge James F. Merow. (lae) Copy to partREPORTED Order granting [7] Defendant's Motion to Dismiss - Rule 12(b)(6) and finding as moot [8] Plaintiff's Motion for Summary Judgment. The Clerk is directed to enter judgment. Signed by Senior Judge James F. Merow. (lae) Copy to parties.ies.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(6), Order on Motion for Summary Judgment. Construction Contract; Fraudulent Performance and Payment Bonds; Prior Material Breach; Violation of Regulations; Default Terminations; Equitable Estoppel.

REPORTED ORDER. Signed by Senior Judge Eric G. Bruggink. (jpk1) Copy to parties.

Keywords: re: Bid Protest; Best Value Tradeoff; Strategic Petroleum Reserve; Agency Discretion; Reasonableness.

REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1). 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: Motion to Dismiss; Subject Matter Jurisdiction; RCFC 12(b)(1); Fair Labor Standards Act (FLSA); Applicability of FLSA to Judicial Branch Employees; U.S. Probation Officer Fails to Qualify as Employee Under FLSA

REPORTED Order granting Motion to Alter Judgment. The Clerk is directed to enter amended judgment. Signed by Judge Thomas C. Wheeler.

REPORTED OPINION. Signed by Chief Judge Patricia E. Campbell-Smith.

Keywords: re: Reported Opinion, [18] Order on Motion for Permanent Injunction, Order on Motion for Judgment on the Admin. Record,, Sealed Opinion/Order,,,, Pre-Award Bid Protest; Cross-Motions for Judgment on the Administrative Record; Challenge to Offerors Exclusion from the Competitive Range; Challenge to Technical Evaluation Committee Findings and Business Evaluation Committee Findings; Disparate Treatment

REPORTED OPINION denying Plaintiff's Motion for Summary Judgment; granting [15] Defendant's Motion for Summary Judgment. The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler.

Keywords: re: Reported Opinion & Order on Cross-Motions for Summary Judgment: IDIQ Delivery Orders; Assumption of Risk under Firm Fixed-Price Contracts; Constructive Changes and Express Changes; Doctrines of Impossibility and Commercial Impracticability. (ss) Modified on 7/15/2014 (jt1).

REPORTED OPINION. Signed by Judge Thomas C. Wheeler.

Keywords: re: Bid Protest; Small Business Set-Aside; Lowest Price Technically Acceptable (LPTA) Source Selection Process; Incomplete Proposal; Agency's Use of the SBA's Certificate of Competency Procedures; Injunctive Relief (ss) Modified on 7/21/2014 (jt1).

REPORTED OPINION and ORDER of Dismissal. The Clerk is directed to enter judgment. No costs. Signed by Chief Judge Patricia E. Campbell-Smith.

Keywords: re: Pro Se; Collateral Attack on Criminal Conviction; Sua Sponte Dismissal for Lack of Subject Matter Jurisdiction - RCFC 12(h)(3); Not in Interest of Justice to Transfer under 28 U.S.C. § 1631 re: [4] Reported Opinion and Order. (dls) Modified on 7/21/2014 (jt1).

REPORTED OPINION denying Defendant's Motion for Summary Judgment and denying [60] Plaintiff's Cross Motion for Summary Judgment. Signed by Judge Elaine D. Kaplan.

Keywords: re: RCFC 56(a); Summary Judgment; FAR 52.236-2(a); Differing Site Conditions; Defective Specifications; Maintenance Dredging .

REPORTED OPINION and ORDER GRANTING Motion to Dismiss - Rule 12(b)(1); DENYING AS MOOT [5] Motion for Leave to File and [2] Motion to Appoint Counsel; and GRANTING [3] Motion for Leave to Proceed in forma pauperis, but directing plaintiff to pay the filing fee in full pursuant to 28 U.S.C. § 1915(b). The Clerk is directed to enter judgment. No costs. Signed by Judge Margaret M. Sweeney.

Keywords: re: RCFC 12(b)(1); RCFC 12(b)(6); 17 U.S.C. § 411; Copyright Registration Before Filing Suit Requirement; No Jurisdiction Over Tort Claims; Contract Formation; Pro Se Plaintiff.(dls) Modified on 7/22/2014 (jt1).

REPORTED OPINION and ORDER GRANTING Motion for Judgment on the Record and DENYING [146] Cross Motion. The Clerk is directed to enter judgment under Rule 54(b) for plaintiff in the amount of $4,217,887.93, plus interest on that amount at the ten-year Treasury STRIPS rate from August 2004 to the date the judgment is actually paid. Signed by Judge Charles F. Lettow. (EB) Modified on 3/18/2014 to edit docket text.

Keywords: re:Taking claim arising from a denial by the Corps of Engineers of a wetlands fill permit sought under Section 404 of the Clean Water Act; remand by court of appeals to address economic loss of value to relevant parcel; law-of-the-case doctrine; mandate rule; Lucas analysis; Penn Central analysis; Rule 54(b) judgment re: [153] Reported Opinion

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

Keywords: re: Opinion: RCFC 12(b)(1); Jurisdiction to review Agency set-aside decision; Pre-award bid protest; Set-asides under the Workforce Investment Act, 29 U.S.C. § 2887(a)(2)(A); "Predicate determination" and the Rule of Two.

OPINION granting in part and denying in part Motion for Summary Judgment; denying [21] Motion for Summary Judgment; (Joint Status Report due by 3/31/2014). Signed by Senior Judge Eric G. Bruggink.

Keywords: re: Order & Opinion on Motion for Summary Judgment, Contract; negotiation; mutual assent; summary judgment; real estate tax; tax adjustment clause.

REPORTED OPINION denying Motion to Maintain Certain Filings Under Seal Pursuant to Protective Order. The Clerk's Office is directed to enter judgment in favor of defendant on Counts I-IV of the complaint, for the reasons stated in the courts opinion and order of September 17, 2013. The Clerks Office is directed to ENTER final judgment on Count V of the complaint, pursuant to the parties settlement and AmerGens Tax Matters Partners stipulation regarding Count V. Each party shall bear its own costs.Unless otherwise directed by the court, the Clerks Office is directed to UNSEAL docket entries 1, 52, 53, 56, 58, 91, 92, and 93 on April 10, 2014. In the event that the parties agree that some exception to the unsealing of the above-listed docket entries is warranted, the parties shall jointly FILE a Notice to that effect on or before April 3, 2014. In addition, on or before April 3, 2014, the parties shall jointly FILE, as separate docket entries, agreed-upon Redacted Versions of any sealed filing(s) that the parties agree should be excepted from the unsealing of the above-listed docket entries. Signed by Judge Lynn J. Bush.

Keywords: re: Order on Motion for Miscellaneous Relief, Reported Opinion. Tax; Sealing of Judicial Records. (TQ)

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