USCFC General Jurisdiction-Reported

REPORTED OPINION denying Motion for Summary Judgment filed by USA; granting in part [22] Cross Motion for Partial Summary Judgment filed by ANNE M. ESKER, JOSEPH P. NACCHIO. Signed by Judge Mary Ellen Coster Williams.

Keywords: re: Order on Motion for Summary Judgment, Order on Cross Motion [Dispositive], Reported Opinion: Income Tax Refund; Forfeited Income; 26 U.S.C. §§ 162, 165, 1341; Deduction of Loss; Business Expense; Nondeductible Fine or Similar Penalty under 26 U.S.C. § 162(f); Claim of Right under 26 U.S.C. § 1341; Issue Preclusion.

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

Keywords: re: Treaty/takings case; Motion to dismiss for lack of subject matter jurisdiction RCFC 12(b)(1); Transferred case under 28 U.S.C. § 1631; 28 U.S.C. § 1500; Pending County of Cook; Same operative facts; Four Klamath tests applied; Claims dismissed by district court and Ninth Circuit involved substantially the same operative facts as claims before court; Section 1500 applicable; Complaint dismissed.

REPORTED OPINION denying Plaintiff's Motion for Preliminary Injunction. Signed by Judge Mary Ellen Coster Williams.

Keywords: re: Reported Opinion: Post-Award Bid Protest; Temporary Restraining Order; Preliminary Injunction; Likelihood Of Success On The Merits; Standing; Standard of Review; Qualified Pricing; Nonresponsive Offer; Waiver; Agency Protest; Relaxation Of Solicitation Requirement; Material Misrepresentation; Failure To Conduct Discussions.

REPORTED OPINION denying Defendant's Motion for Partial Summary Judgment; granting in part and denying in part [38] Plaintiff's Motion for Partial Summary Judgment. Signed by Judge Elaine D. Kaplan. (cr) Copy to parties. Modified on 3/13/2014 - corrected pdf (jt1).

Keywords: re: Spent nuclear fuel; summary judgment; cask loading costs; Carolina Power & Light Co. v. United States; avoided costs versus incurred costs; NRC fees; Consolidated Edison Co. of New York., Inc. v. United States .

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

Keywords: re: Reported Opinion, Spent Nuclear Fuel Case; Nuclear Waste Policy Act of 1982; Recovery of Mitigation Damages for DOEs Partial Breach of Contract.

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

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1), Reported Opinion. Contract Dispute; 41 U.S.C. § 7103 (Supp. V 2011); RCFC 12(b)(1); Presentment, Sum Certain and Certification Requirements. (TQ)

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

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1), Reported Opinion. Contract Dispute; 41 U.S.C. § 7103 (Supp. V 2011); RCFC12(b)(1); Sharman Analysis Contracting Officers Authority to Consider Claims Barred by Litigation Pending in This Court; Failure to Present Claim for Sum Certain to Contracting Officer; Failure to Wait Sixty Days before Filing Suit under a Deemed Denial Theory. (TQ)

ORDER granting Motion to Dismiss - Rule 12(b)(1); denying [2] Motion for Leave to Proceed in forma pauperis; and directing the Clerk to reject any future complaints filed by this plaintiff without the requisite filing fee. The Clerk is directed to enter judgment. Signed by Judge Marian Blank Horn.

Keywords: re: Pro Se Plaintiff; In Forma Pauperis Application; 28 U.S.C. § 1915; Lack of Subject Matter Jurisdiction re: [6] Order on Motion to Dismiss - Rule 12(b)(1), Order on Motion for Leave to Proceed in forma pauperis.

REPORTED OPINION and ORDER granting Motion to Dismiss - Rule 12(b)(1). The Clerk is directed to enter judgment. Signed by Judge Elaine D. Kaplan.

Keywords: re: Motion to Dismiss for Lack of Subject Matter Jurisdiction; RCFC 12(b)(6); Tucker Act Jurisdiction; 28 U.S.C. § 1491; Statute of Limitations; 28 U.S.C. § 2501; Military discharge. (dls) Modified on 7/22/2014 (jt1).

REPORTED OPINION with redactions. Signed by Judge Edward J. Damich. (jsb) Copy to parties. Modified on 3/18/2014 - corrected pdf (jt1).

REPORTED OPINION granting Defendant's Motion to Dismiss - Rule 12(b)(1) and (6). The Clerk is directed to enter judgment. Signed by Judge Elaine D. Kaplan.

REPORTED OPINION addressing applicability of late payment fee and interest. Status Report due by 3/17/2014. Signed by Judge Charles F. Lettow. (zlr)

Keywords: re:Calculation of late payment fees and interest on damages due in a contract case; interest payable under the Prompt Payment Act, 31 U.S.C. § 3902(a); late payment fees applicable in lieu of interest under 5 C.F.R. § 1315.1(c); interest payable under the Contract Disputes Act, 41 U.S.C. § 7109 .

REPORTED OPINION ( Status Report due by 3/14/2014) denying in part and converting in part Motion to Dismiss - Rule 12(b)(1). Signed by Chief Judge Patricia E. Campbell-Smith.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1), Reported Opinion Motion to Dismiss for Lack of Jurisdiction, RCFC 12(b)(1); Motion to Dismiss for Failure to State a Claim, RCFC 12(b)(6); Conversion to Motion for Summary Judgment under RCFC 56, RCFC 12(d); Substantive Contract Provisions on which a Party Relies, RCFC 9(k); Equal Access to Justice Act (EAJA); Implied-in-Fact Contract; Authority of Government Official; Ratification

REPORTED Order granting Motion for Discovery; Status report proposing a discovery schedule due by 3/20/2014.. Signed by Judge Margaret M. Sweeney. (lp1) Copy to parties. Modified on 3/5/2014 - corrected pdf (jt1).

Keywords: re: RCFC 12(b)(1); RCFC 12(b)(6); RCFC 56(d). Modified on 7/22/2014 (jt1).

REPORTED ORDER Denying-in-part and staying-in-part Motion for Summary Judgment; granting-in-part, staying-in-part, and denying-in-part as moot [53] Cross Motion; [50] MOTION for Summary Judgment filed by FLORENTINO L. MATA, [53] CROSS MOTION and RESPONSE filed by USA. Signed by Chief Judge Patricia E. Campbell-Smith.

Keywords: re:Cross-Motions for Summary Judgment, RCFC 56; Breach of Contract; Contract Interpretation; Damages for Breach of Contract; Subject Matter Jurisdiction; Allegations of Fraud and Bad Faith

REPORTED OPINION recharacterizing Motion to Dismiss as a Motion for Summary Judgment; granting in part and denying in part [172] Motion for Summary Judgment; and granting [172] Motion to Amend. Amended complaint due by 3/14/2014. Responsive pleading due by 3/28/2014. Response to any counterclaim due by 4/4/2014. Joint status report due by 4/11/2014. Signed by Judge Margaret M. Sweeney. (kb1)

Keywords: re:Posttrial Motions; Recharacterizing an RCFC 12(b)(1) Motion to Dismiss as a Motion for Summary Judgment; Agency's Authority to Terminate a Contract for Default When Its Order Was Placed Under a Federal Supply Schedule Contract; Excusable Delay; Counterclaim for Liquidated Damages; Motion to Amend the Complaint; RCFC 15(b)(2); Implied Consent (kb1) Modified on 7/1/2014 (lld).

REPORTED OPINION granting Motion for Summary Judgment. The Clerk is directed to enter judgment. Signed by Judge Lynn J. Bush.

Keywords: re: Contract; Breach and Setoff; Setoff of Repair Costs against Rent and Tax Payments Owed under Postal Service Lease.

REPORTED OPINION: granting, in part, and denying, in part Motion for Partial Summary Judgment; granting, in part and denying, in part [68] Cross Motion. Joint Status Report due by 3/14/2014.. Signed by Judge Francis M. Allegra.

REPORTED OPINION granting Defendant's Motion to Dismiss - Rule 12(b)(6), converted to a Motion for Summary Judgment; denying [30] Plaintiff's Motion for Summary Judgment. The Clerk is directed to enter judgment. Signed by Judge Charles F. Lettow.

REPORTED OPINION denying Plaintiff's Motion for Summary Judgment on the Administrative Record; granting [22] Defendant's Motion for Judgment on the Administrative Record; granting [23] Plaintiff's Motion to Supplement the Administrative Record. The Clerk is directed to enter judgment. Signed by Chief Judge Patricia E. Campbell-Smith.

Keywords: re: Order on Motion for Judgment on the Administrative Record, Order on Motion to Supplement the Administrative Record, Reported Opinion, Military Pay, National Guard, RCFC 52.1.