USCFC General Jurisdiction-Reported

Military pay; Military Pay Act, 37 U.S.C. § 204 (2006); motion to dismiss, RCFC 12(b); motion for judgment on the administrative record, RCFC 52.1(c); eligibility for reenlistment after discharge; review of correction board decision. Signed by Judge Miller, C..

Pre-award bid protest; motion for judgment on the administrative record; 5 U.S.C. § 706; 28 U.S.C. § 1491; FAR § 15.208(b)(1)(ii); FAR § 52.215-1; government control; minor informality; late proposal rule; injunctive relief Signed by Judge Damich.

AMCOR Partnership; Federal Income Tax Partnerships; Final Partnership Administrative Adjustment; Interest on a Tax Motivated Transaction, 26 U.S.C. § 6621(c)(1); Sham Transactions; Statute of Limitations, 26 U.S.C. §§ 6501, 6229; Subject Matter Jurisdiction, RCFC 12(b)(1). Signed by Judge Braden.

Failure To State Claim, RCFC 12(b)(6); Jurisdiction, RCFC 12(b)(1); Pro Se; Summary Dismissal; Tucker Act, 28 U.S.C. § 1491 (2006); Transfer, 28 U.S.C. § 1631 (2006); Federal Torts Claims Act, 28 U.S.C. § 2671 et. seq. (2006); U.S. Const., Art. III, Section 2. Signed by Judge Braden.

Cross-Motions for Judgment Upon the Administrative Record, RCFC 52.1; Conversion of Motion to Dismiss, RCFC 12(d); Military Pay Act, 37 U.S.C. § 204; Presumption of Voluntary Separation; Constructive Service Doctrine Does Not Apply; Disability Rating; “Benefit of the Doubt” Doctrine; Gilbert; 10 U.S.C. § 1222; Full and Fair Hearing, 10 U.S.C. § 1214; Decision Based Upon Substantial Evidence Signed by Judge Sweeney.

Bid Protest; Rejection of Late Proposal; Electronic Submission of Proposals; Interpretation of Solicitation; Zip Files; Expert Testimony; Notice of Proposed Debarment; Bid & Proposal Preparation Costs; Injunctive Relief. Signed by Judge Williams.

Post-award bid protest challenging corrective action taken by the Department of the Army in response to a decision by GAO regarding two task orders for intelligence support services under IDIQ contracts; plaintiff’s notice of voluntary dismissal filed after submissions of crossmotions for judgment under RCFC 52.1; RCFC 41(a)(1)(A)(i); need to address subject matter jurisdiction; task-order protests barred in this court by 10 U.S.C. § 2304c(e) Signed by Judge Lettow.

Constitutionality of SMCRA Abandoned Mine Reclamation Fee; Issue Preclusion; Stare Decisis; Export Clause Challenge Jurisdiction Signed by Judge Futey.

Pro Se Complaint; Prisoner; Dismissal Pursuant to RCFC 12(b)(1); Failure to Prosecute under RCFC 41(b); Frivolousness under 28 U.S.C. § 1915(e)(2)(B)(i). Signed by Judge Hewitt.

28 U.S.C. § 1500; Effect of Supreme Court’s Recent Tohono O’odham Decision; Vitality of Tecon’s Sequence of Filing Rule; Requirement that Supreme Court Dicta Be “Stated Clearly” to Supersede Controlling Federal Circuit Precedent. Signed by Judge Wheeler.

Fifth Amendment Taking; Rails-to-Trails; Intervention of Right; Permissive Intervention; Timeliness of Request to Intervene; Adequacy of Protection of Claimed Interest in Property; Anti-Assignment Act. Signed by Judge Williams.

Certification Signed by Judge Horn.

Bid protest; NAICS code selection; Small Business concerns; Small Business Administration Office of Hearings and Appeals Signed by Judge Bruggink.

Preaward bid protest; Review of corrective action; Claim that failure of agency to terminate prior lease will bias reprocurement; Lack of standing; Case dismissed. Signed by Judge Allegra.

Partial Summary Judgment; Contracts; CICA; Ambiguity; Mistake; Ratification. Signed by Judge Horn.

Pro Se; Motion to Dismiss; RCFC 12(b)(6); RCFC 12(h)(3); Fifth Amendment Taking Signed by Judge Hewitt.

Post-award bid protest; motions to supplement administrative record. Signed by Judge Miller, C..

Contracts; subject matter jurisdiction, motion to dismiss, RCFC 12(b)(1); claim founded upon an express or implied-in-fact contract with the United States, 28 U.S.C. § 1491(a)(1) (2006); impact of law-of-the-case doctrine on transferor court’s determination that jurisdiction lies in the United States Court of Federal Claims; transfer statute, 28 U.S.C. § 1631 (2006). Signed by Judge Miller, C..

Motion to Dismiss for Lack of Subject Matter Jurisdiction; Pro Se Plaintiff; Tort; Due Process; Equal Protection; Civil Rights; Criminal Conduct. Signed by Judge Horn.

Motion to Dismiss for Lack of Subject Matter Jurisdiction; Pro Se Plaintiff; Tort; Due Process; Equal Protection; Cruel and Unusual Punishment; Freedom of Expression; Criminal Conduct; Civil Rights. Signed by Judge Horn.