USCFC General Jurisdiction-Reported

STOCKTON EAST WATER DISTRICT, CENTRAL SAN JOAQUIN WATER DISTRICT, COUNTY OF SAN JOAQUIN, CITY OF STOCKTON, and CALIFORNIA WATER SERVICE COMPANY v. UNITED STATES OF AMERICA Pleading and practice; motion for reconsideration; RCFC 59(a); contracts; breach of contract; summary judgment; takings; Reclamation Projects Authorization and Adjustment Act of 1992, Pub. L. No.102-575, 106 Stat. 4600 (1992); RCFC 52(c) judgment on partial findings; third-party beneficiary status; sovereign acts doctrine and unmistakability doctrine; contract interpretation - plain meaning and ambiguity; substantial performance of contract; adverse inferences to be drawn from non-testifying witnesses; viability of takings claim after full prosecution of contract claims. Signed by Judge Miller, C..

Contracts, breach of contracts, Franconia Associates v. United States, 536 U.S. 129 (2002); Housing Act of 1949, Pub. L. No. 81-171, 63 Stat. 413; jurisdiction; statute of limitations; 25 U.S.C. § 2501 (2000); Emergency Low Income Housing Preservation Act of 1987, Pub. L. No. 100-242, 101 Stat. 1815 (1988) ("ELIHPA") Signed by Judge Miller, C..

Interest applied to an underpayment of tax under former I.R.C. § 6621(c) for "tax motivated transactions;" statute of limitations on administrative claim; application to partner of findings and conclusions in a TEFRA partnership case; Final Partnership Administrative Adjustment; computational adjustment; notice of income tax examination changes; notice of balance due Signed by Judge Lettow.

Takings; Motion for Partial Dismissal; Statute of Limitations; Whether Action Can Accrue Prior to Issuance of Government Report Signed by Judge Hewitt.

Pre-Award Bid Protest: A motion for a preliminary injunction and a temporary restraining order will not be granted where (1) plaintiff has little likelihood of success on the merits since the evidence does not support a finding that plaintiff possesses an implied right of preference in contract renewal; and (2) plaintiff cannot demonstrate irreparable harm when it has available to it a contract remedy Signed by Judge Wiese.

Summary Judgment; Winstar line of cases; Voluntary Supervisory Conversion; D & N Bank v. United States, 331 F.3d. 1374 (Fed. Cir. 2003); 1st Commerce v. United States, 335 F.3d 1373 (Fed. Cir. 2003); Anderson v. United States, 344 F.3d 1343 (Fed. Cir. 2003); "Ordinary Principles of Contract;" Money-Back Restitution; Material Breach Signed by Judge Smith.

Motion to Dismiss for Failure to State a Claim Within the Jurisdiction of the Court Signed by Judge Hewitt.

Pro Se Plaintiff; Application to Proceed In Forma Pauperis; Allegations Sounding in Tort; Failure to State a Claim Upon Which the Court Can Grant Relief; Dismissal with Prejudice Signed by Judge Wheeler.

Application to Proceed in Forma Pauperis; Determination of Entitlement to Proceed Under 28 U.S.C. § 1915(a)(1); Determination that Plaintiff is "Unable to Pay . . . Fees" Signed by Judge Hewitt.

Copyright Infringement; Waiver of Sovereign Immunity; 28 U.S.C. § 1498(b); Affirmative Defense; Jurisdiction; Work Made for Hire Doctrine Signed by Judge Block.

Motion for reconsideration of final judgment, manifest error of fact or law, intervening change in law, previously unavailable evidence, manifest injustice, res judic ata, claim preclusion, judgment in prior action as bar to later action asserting claims based on same transactional facts, fairness, due process, careful inquiry, cautious restraint, clear and persuasive basis for precluding litigation of claims Signed by Judge Miller, G..

Takings; Motion for Partial Dismissal; Statute of Limitations; Law of the Case; "Justifiable Uncertainty" Regarding Extent of Damage by Shoreline Erosion; Whether Time of Accrual of Action is Determined by an Objective or Subjective Standard Signed by Judge Hewitt.

Motion for Reconsideration, RCFC 60(b)(2); RCFC 60(b)(6); RCFC 59 Signed by Judge Hewitt.

Navy Procurement; A-12 "Avenger"; Stealth Technology; Research & Development Contract; Termination for Default; Failure to Make Progress; Lisbon Test; Contract Completion Date; 48 C.F.R. § 52.249-9; Termination Memo; Application of DeVito Test; Waiver of Delivery Date; Unilateral Contract Modification; Reasonable and Enforceable Schedule; Lost Profits; Loss Ratio; Contracting Officer; Notice to Cure; Adequate Assurances Signed by Judge Hodges.

GSA Schedule Contract, Blanket Purchase Agreement, and Task Orders; Authority of Ordering Agency or GSA Contracting Officer to Terminate for Cause; Subject Matter Jurisdiction Signed by Judge Wheeler.

Certification; Contract Disputes Act, 41 U.S.C. § 601 et seq.; Counterclaim, 28 U.S.C. § § 1503, 2508; Equitable Adjustment; False Claims Act, 31 U.S.C. § 3729; Interest; Jurisdiction Signed by Judge Braden.

Indian trust claims based upon Appropriation Acts for the Department of the Interior in 1888, 1889, and 1890; Indian Trust Accounting Statute; motion to quash summonses; case or controversy; amendment of complaint and complaints of intervening plaintiffs; RCFC 15(a); intervention as plaintiffs; RCFC 24 Signed by Judge Lettow.

Motion challenging sufficiency of responses to requests for admission; RCFC 36(a); deemed admitted; cannot admit or deny; reasonable inquiry; sufficient information; good faith; genuineness of documents; tax partnership; FPAA; non-publicly traded foreign currency options; tax shelter; COBRA Signed by Judge Damich.

STOCKTON EAST WATER DISTRICT, CENTRAL SAN JOAQUIN WATER DISTRICT, COUNTY OF SAN JOAQUIN, CITY OF STOCKTON, and CALIFORNIA WATER SERVICE COMPANY, v. UNITED STATES OF AMERICA Motion to amend or modify opinion; RCFC 59(e); contracts; breach of contract; summary judgment; takings; Reclamation Projects Authorization and Adjustment Act of 1992, Pub. L. No. 102-575, 106 Stat. 4600 (1992); RCFC 52(c) judgment on partial findings; third-party beneficiary status; sovereign acts doctrine and unmistakability doctrine; contract interpretation - plain meaning and ambiguity; substantial performance of contract; adverse inferences drawn from non-testifying witnesses; viability of takings claim after full prosecution of contract claims Signed by Judge Miller, C..

Amended Cost Accounting Standard 413, 48 C.F.R. § § 9904.413-30(a)(19), (20) 9904.413-50(c)(12); Contract Disputes Act, 41 U.S.C. § § 601, et seq.; Counterclaim, 28 U.S.C. § § 1503, 2508; Summary Judgment, RCFC 56(c); Segment Closing; Segment Closing Adjustment Signed by Judge Braden.