USCFC General Jurisdiction-Reported

REPORTED MEMORANDUM OPINION AND ORDER Denying Motion for Reconsideration; Denying [48] Motion for Reconsideration. Signed by Judge David A. Tapp. (jm) Service on parties made. (Main Document 57 replaced on 2/26/2021 to correct a clerical error on page six referencing a citation.)

REPORTED OPINION granting Motion for Leave to File. Signed by Chief Judge Eleni M. Roumel. (klb) Service on parties made.

REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1) and (6); denying as moot [10] Motion for Summary Judgment. The Clerk is directed to enter judgment. Signed by Senior Judge Margaret M. Sweeney. (jb2) Service on parties made; plaintiff served via U.S. mail.

Keywords: re: Pro Se Prisoner Claim; Collateral Attack on Criminal Conviction; Seizure of Property During Criminal Proceedings; Fifth Amendment Takings Claim; RCFC 12(b)(1); RCFC 12(b)(6).

REPORTED OPINION. ECF No. is reissued with redactions. Signed by Judge David A. Tapp. (jm) Service on parties made.

REPORTED OPINION, redacted version of [39]. Signed by Senior Judge Margaret M. Sweeney. (jb2) Service on parties made.

Keywords: re: Postaward Bid Protest; Cross-Motions for Judgment on the Administrative Record; Evaluation of Proposals; Transition Plan and Costs; Cost Realism Analysis.

REPORTED OPINION granting Motion for Summary Judgment; denying [50] Cross-Motion for Summary Judgment. Joint Status Report due by March 3, 2021. Signed by Chief Judge Eleni M. Roumel. (srb1) Service on parties made. (Main Document 70 replaced on 2/19/2021 to correct the date of the document )

REPORTED OPINION (re-issuance for publication of MEMORANDUM AND ORDER (Sealed) re: Defendant's Motion to Dismiss [28] and Intervenor-Defendant's Motion to Dismiss [29]). Signed by Chief Judge Eleni M. Roumel. (srb1) Copy to parties.

REPORTED OPINION and ORDER of the court's [175]**sealed** OPINION AND ORDER denying Motion for Reconsideration. on or before 2/19/2021, the parties are directed to CONFER and FILE a Notice attaching a proposed redacted version of this opinion, with any protectable information blacked out; and on or before 2/19/2021, the parties are directed to FILE a Joint Status Report proposing specific calendar dates for the exchanges required by Appendix A, paragraph 13 and the filings required by paragraphs 14 through 17. No redactions were proposed by the parties. Thus, the sealed and public versions of this opinion are identical, except for the publication date and footnote 1. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made.

Keywords: re: Reported Opinion and Order; Motion for Reconsideration; RCFC 59(a); Striking Expert Report; Failure to Disclose Material Information. (TQ)

REPORTED OPINION: Granting the government's motion to dismiss for lack of subject matter jurisdiction pursuant to RCFC 12(b)(1). The Clerk is directed to enter judgment for the government. Signed by Judge Matthew H. Solomson. (ids) Service on parties made; plaintiff served via U.S. mail. (dls) Modified on 2/10/2021 to replace with corrected document (ead). Corrected opinion served on plaintiff via U.S. mail on 2/10/21.

REPORTED OPINION and ORDER (re-issuance of January 21, 2021 Opinion and Order for Publication). The Clerk is directed to enter judgment. Joint Status Report due by 2/17/2021. DENYING in part and DEFFERING in part Motion for Judgment on the Administrative Record; GRANTING in part and DEFFERING in part [40] Motion for Judgment on the Administrative Record; GRANTING in part and DEFERRING in part [41] Cross Motion. Signed by Judge Edward H. Meyers. (aak) Service on parties made. Modified on 2/8/2021 to indicate that the opinion is a re-issuance of an opinion filed under seal. (dls). Agency served by the government as the court could not serve a copy of the remand opinion and order until the re-issuance was filed on 2/8/2021. Modified on 2/9/2021 to add remand text

REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(6). The Clerk is directed to enter judgment. Signed by Senior Judge Charles F. Lettow.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(6), Reported Opinion: Claim by prison guards and food workers for hazardous duty pay or environmental differential pay; 5 U.S.C. §§ 5545(d), 5343(c)(4); work with, and in close proximity to, persons infected with COVID-19 virus.

REPORTED OPINION denying Motion to Dismiss - Rule 12(b)(1) and (6). Answer due by 3/3/2021. Signed by Senior Judge Charles F. Lettow.

Keywords: re Reported Opinion: Suit for breach of Standard Contract for disposal of spent nuclear fuel; standing; RCFC 12(b)(1); failure to state a claim; RCFC 12(b)(6).

REPORTED OPINION. Signed by Senior Judge Eric G. Bruggink. (jpk1) Service on parties made.

Keywords: re: Reported Opinion: Post-award bid protest; Corrective action; GAO; Lack of ambiguity; Injunctive factors.

REPORTED OPINION on MOTION to Dismiss pursuant to Rules 12 (b)(1) and (6) filed by USA denying [7] Motion to Dismiss - Rule 12(b)(1) and (6). Signed by Judge Zachary N. Somers. (Somers, Zachary) Service on parties made.

Reported Claim Construction Opinion and Order. Status Report due by 2/16/2021. Signed by Judge Ryan T. Holte. (yg) Service on parties made.

Keywords re: Reported Claim Construction Opinion and Order: Patent infringement; claim construction; Markman hearing; plain and ordinary meaning; prosecution disclaimer.

REPORTED OPINION dismissing Plaintiff's Complaint and the government's Counterclaim, without prejudice, pursuant to RCFC 12(h)(3). The Clerk is directed to enter judgment accordingly. Signed by Judge Matthew H. Solomson. (rag) Service on parties made.

REPORTED OPINION granting in part and denying in part Motion to Compel. Signed by Senior Judge Charles F. Lettow.

Keywords: re: Order on Motion to Compel, Reported Opinion: Application of the deliberative process privilege; protection of pre-decisional and deliberative materials; no protection for factual materials that can be segregated; no governmental waiver.

REPORTED OPINION AND ORDER denying Motion for Judgment on the Administrative Record; granting [22] Motion for Judgment on the Administrative Record. (reissuance of opinion and order filed under seal on 1/21/21 for publication.) Signed by Judge Elaine D. Kaplan. (tjd) Service on parties made.

REPORTED OPINION denying Motion to Dismiss - Rule 12(b)(6); granting [28] Motion for Judgment on the Administrative Record. The Clerk of Court is directed to enter judgment. Signed by Chief Judge Eleni M. Roumel. (klb) Service on parties made. (Main Document 37 replaced on 1/26/2021)

REPORTED OPINION reflecting redactions to opinion and order issued 1/13/21. Signed by Senior Judge Charles F. Lettow.

Keywords: re Reported Opinion: Post-award bid protest; standing; untimely challenge to a term of the solicitation; agencys determination of technical factors; agencys best value decision.