USCFC General Jurisdiction-Reported

Costs; RCFC 54(d) Signed by Judge Allegra.

Equal Access To Justice Act, 28 U.S.C. § 2412;
Judicial Notice, FED. R. EVID. 201; Substantial Justification Signed by Judge Braden.

Army Reg. 635-200, Chapter 10; Equitable Tolling;
Military Pay Act, 31 U.S.C. § 204; Motion to Dismiss;
Pro Se; RCFC 12(b)(1);
Statute of Limitations Signed by Judge Braden.

Counterclaim, RCFC 13(a);
Discovery; Affirmative Defense, RCFC 8(c);
Protective Order, RCFC 26(b), (c); Set Off Signed by Judge Braden.

Uniformed Services Former Spouses' Protection Act; Statute of Limitations; Continuing Claims Doctrine; Waiver of Sovereign Immunity; State Court Divorce Decree "Regular On Its Face." Signed by Judge Wheeler.

28 U.S.C. § 1497; damages to oyster growers caused by dredging operations; RCFC 19; joinder of persons needed for just adjudication; necessary parties; 28 U.S.C. § 1500; RCFC 24; alignment of intervenor; RCFC 12(f); motion to strike; RCFC 20(b); motion for separate trials Signed by Judge Damich.

BENCHMARK RESOURCES CORPORATION, a Colorado Corporation; GENTRY CORPORATION, a Colorado Corporation; and SUNRISE HOLDING, INC., a Delaware Corporation,   v. UNITED STATES OF AMERICA   (03-178L)
       

Takings; motion to dismiss; motion for summary judgment; statute of limitations; regulatory requirement for notice; ripeness; compensable property interest under the Fifth Amendment

Signed by Judge Miller, C..

Contract Disputes Act; Spearin implied warranty doctrine; patent and latent ambiguities; duty to inquire; constructive change; equitable adjustment; judgment after trial Signed by Judge Wolski.

Cross-Motions for Summary Judgment; Closure of Educational Institution; Expiration of Program Participation Agreement; Breach of Contract Signed by Judge Horn.

Bid Protest; Motion to Intervene Signed by Judge Hewitt.

Post-Award Bid Protest;
Interested Party; Public Buildings Act, 40 U.S.C. § 3301 et seq.; Prospectus Threshold; Judgment on the Administrative Record; Agency Discretion; Rational Basis; Agency's Lack of Contemporaneous Documentation of Decision;
Requirements of Unsworn Declaration; Agency Failure to Follow Solicitation for Offers Signed by Judge Baskir.

Pro Se Plaintiff; Application to Proceed in Forma Pauperis; Motion for Summary Dismissal;
RCFC 12(b)(1) Signed by Judge Hewitt.

Post-award bid protest; interested party; prejudice; standing; administratively-dissolved corporation; reinstatement of corporate status after contract award and after filing suit; negotiated "best value" procurement; and discussions; clarifications; agency action not arbitrary or capricious. Signed by Judge Merow.

Bid Protest: This court does not have jurisdiction under 28 U.S.C. § 1491(b) to enjoin the termination of a contract,
and will not enjoin a resolicitation where the protestor has failed to point to any violation of a specific statute or
regulation and has failed to demonstrate that the agency's decision to resolicit was arbitrary Signed by Judge Wiese.

Military pay; motion to dismiss; jurisdiction; Additional Special Pay, 37 U.S.C. § 302 (2000); motion to amend; RCFC 15(a);futility; jurisdiction under the Administrative Procedures Act, 5 U.S.C. § 704 (2000); motion to   dismiss for failure to state a claim; takings jurisprudence Signed by Judge Miller, C..

Settlement Agreement; Breach of Contract; Motion to Dismiss; Jurisdiction; Statute of Limitations;
Review of Board of Veterans Appeals decisions Signed by Judge Horn.

PARK PROPERTIES ASSOCS., L.P, VALETINE PROPERTIES ASSOCS., L.P., ST. JOHN'S I ASSOCIATES, L.P., v. UNITED STATES OF AMERICA (04-1757C)

Motion to dismiss; Summary judgment; Breach of contract; HUD Section 8 housing program - HAP contracts; Statute of limitations; Continuing claim doctrine; Brown Park Estates and Hatter; Nonmutual offense collateral estoppel inapplicable against the United States; Mendoza; 1994 amendments to Housing Act of 1937; HUD Directive 95-12; Cuyahoga; Repudiation of HAP contracts; Unmistakability doctrine inapplicable; Breach; One-percent rule of 42 U.S.C. § 1437f(c)(2)(A).

Signed by Judge Allegra.

Motion for Partial Judgment on Remand; Winstar tax benefits case; Standard for partial judgment under 28 U.S.C. § 2517(b) versus RCFC 54(b). Signed by Judge Bruggink.

Post-award bid protest; 28 U.S.C. § 1491(b)(1) (2000); judgment on the administrative record; reasonableness of agency action; injunctive relief; best value procurement; standing; prejudice; prejudice on the merits. Signed by Judge Miller, C..

Winstar; FIRREA; breach of contract; waiver or abandonment of affirmative defense asserted in answer; FHLBB resolution; forbearance letter; assistance agreement; settlement agreement; accord and satisfaction; competent parties; FSLIC Resolution Fund (FRF); FDIC as manager of the FRF; executory promise; forbearance promise; extrinsic evidence; regulatory capital; express contract; implied-in-fact contract. Signed by Judge Miller, G..