USCFC General Jurisdiction-Reported

REPORTED OPINION denying Motion to Dismiss - Rule 12(b)(6). Government Answer due by 8/21/2020. Signed by Judge Ryan T. Holte. (nb7) Service on parties made.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(6): Patent Infringement; RCFC 12(b)(6); Motion to Dismiss; 35 U.S.C. § 101; Patent-ineligible Subject Matter; Abstract Idea.

REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1). The Clerk is directed to enter judgment. Signed by Senior Judge Marian Blank Horn. (rp) Service on parties made; plaintiff served via U.S. mail.

Keywords: re: Pro Se Plaintiff; Military Pay; Motion to Dismiss; Subject Matter Jurisdiction; Statute of Limitations; Tort; Conspiracy; Americans with Disabilities Act.

REPORTED OPINION re defendant's motion to dismiss or motion for judgment on the administrative record and [94] plaintiff's cross-motion for judgment on the administrative record. Signed by Judge Richard A. Hertling. (abg) Service on parties made.

Keywords: re: Reported Opinion: RCFC 12(b)(6); Reported Opinion; Military Pay Act; Voluntary Retirement

REPORTED ORDER denying Motion for Relief from Judgment - Rule 60. Signed by Senior Judge Nancy B. Firestone. (lb) Service on parties made.

Keywords re Order on Motion for Relief from Judgment - Rule 60, Reported Order: Pro Se, RCFC 59, RCFC 60(b)(6).

REPORTED ORDER. Signed by Judge Thomas C. Wheeler. (nc) Service on parties made.

Keywords re Reported Order: Motion for Judgment on the Administrative Record; MJAR; RCFC 52.1; Bid Protest; Post-Award Bid Protest; Arbitrary and Capricious Review; Deference; Rational Basis; Prejudice; Permanent Injunction.

REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1); denying [8] Motion for Judgment; denying [2] Motion for Leave to Proceed in forma pauperis. The Clerk is directed to enter judgment. Signed by Chief Judge Margaret M. Sweeney. (am) Service on parties made.

Keywords: re: Pro Se Plaintiffs; Motion to Dismiss; Subject Matter Jurisdiction; RCFC 12(b)(1); In Forma Pauperis

MEMORANDUM OPINION and ORDER denying MVM's motion for judgment upon the administrative record; granting the government's and Metro's respective cross motions for judgment upon the administrative record; denying-as-moot Metro's motion to dismiss; and dismissing the complaint. Signed by Judge Lydia Kay Griggsby. (jp) Service on parties made.

Keywords: Post-Award Bid Protest; Judgment Upon the Administrative Record; RCFC 52.1; Best Value Determination; Injunctive Relief, re: Memorandum Opinion and Order.

PUBLIC REPORTED OPINION re: the plaintiff's MOTION for Judgment on the Administrative Record, [25] the defendant's MOTION for Judgment on the Administrative Record and [26] the defendant-intervenor's MOTION for Judgment on the Administrative Record. Signed by Judge Richard A. Hertling. (abg) Service on parties made. Modified on 7/31/2020 by replacing with corrected PDF (ead). Modified on 7/31/2020 by replacing with corrected PDF

Keywords: re: Organizational conflict of interest; Biased-Ground-Rules OCI; Impaired-Objectivity OCI; Unequal-Access-to-Information OCI; Motion for Judgment on the Administrative Record; RCFC 52.1.

REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1). The Clerk is directed to enter judgment. Signed by Judge Elaine D. Kaplan. (feb) Service on parties made.

Keywords re Opinion and Order on Motion to Dismiss - Rule 12(b)(1): Tax Refund Claim; 26 U.S.C. § 7422(a); 26 C.F.R. § 301.6402-2(b)(1); Signature Requirement; Penalty of Perjury; Power of Attorney; Form 2848; Waiver Doctrine.

REPORTED OPINION: denying Motion to Dismiss pursuant to RCFC 12(b)(1) and 12(b)(6); filed by USA. The Court DENIES the government's motion to dismiss. Joint Status Report proposing a discovery schedule due by August 26, 2020. If the government elects to file a supplemental brief after consulting with the Office of the Solicitor General, it shall do so on or before August 10, 2020, and pursuant to one of the two options provided in the attached Opinion and Order. Signed by Judge Matthew H. Solomson. (sew) Service on parties made. Modified to replace PDF with corrected PDF on 7/28/2020

Keywords: re: Order on Motion to Dismiss - RCFC 12(b)(1) and 12(b)(6) Reported Opinion: RCFC 12(b)(1); RCFC 12(b)(6); Tucker Act jurisdiction; 42 U.S.C. § 1437; Housing and Urban Development; annual contributions contract; public housing agency; breach of contract; money damages; contract damages; Bowen v. Massachusetts; "strings-attached" grants; judicial estoppel.

REPORTED OPINION of the court's sealed July 9, 2020 opinion, denying [57] Motion for Judgment on the Administrative Record filed by ANHAM FZCO; granting [63] Cross Motion to Motion for Judgment on the Administrative Record filed by USA; and granting [64] CROSS MOTION to Motion for Judgment on the Administrative Record filed by KGL FOOD SERVICES WLL. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made.

Keywords: re: Reported Opinion, Motions for Judgment on the Administrative Record; Corrective Action Standard of Review; Agency Bias; Permanent Injunctive Relief. (TQ)

REPORTED ORDER Denying as Moot Motion for Attorney Fees; Denying [324] Motion for Attorney Fees; (Status Report due by 8/20/2020). Signed by Judge David A. Tapp. (jm) Service on parties made. (Main Document 346 replaced on 7/23/2020)

Keywords: re: Order on Motion for Attorney Fees, Equal Access to Justice Act; EAJA; 28 USC § 2412; Attorneys Fees; Class Action; Position of the United States; Substantially Justified; Notice to Class.

PUBLIC REPORTED OPINION Denying Motion for Attorney Fees and Related Expenses filed by THE GREEN TECHNOLOGY GROUP, LLC. Signed by Judge Richard A. Hertling. (abg) Service on parties made.

Keywords: re: Reported Opinion: Equal Access to Justice Act; Substantial Justification. (abg) Modified file date on 7/31/2020 (ead).

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

Keywords: Bid Protest; Pre-Award Bid Protest; Assertions of Bias; Motion to Complete and Supplement Administrative Record; Limited Discovery re: Reported Opinion

REPORTED ORDER/OPINION denying Motion for Reconsideration ; finding as moot [482] Motion to Strike. Signed by Senior Judge Eric G. Bruggink. (jpk1) Service on parties made.

Keywords: re: Order on Motion for Reconsideration, Order on Motion to Strike, Reported Order: Motion for reconsideration; RCFC 59; Implied license; economic duress

REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1) and (6). The Clerk is directed to enter final judgment in favor of defendant, and DISMISS plaintiffs' complaint in its entirety, without prejudice. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1) and (6), Reported Opinion. Motion to Dismiss; RCFC 12(b)(1); Lack of Subject Matter Jurisdiction; Claims Sounding in Tort. (TQ)

REPORTED OPINION AND ORDER. Public version of opinion and order filed under seal on July 9, 2020. Signed by Chief Judge Margaret M. Sweeney. (jb2) Service on parties made.

Keywords: re: Reported Opinion and Order: Motion to Dismiss; RCFC 12(b)(1); RCFC 12(b)(6); Jurisdiction; Standing; Direct Claims; Conservators; Shareholders; Fannie; Freddie; FHFA

REPORTED OPINION awarding legal fees and costs. The Clerk is directed to enter judgment. Signed by Senior Judge Charles F. Lettow.

Keywords re Reported Opinion: Federal contractors claim for partial reimbursement of legal fees and costs incurred in successful defense of qui tam suit; equitable adjustment; reasonableness of fees incurred.

REPORTED ORDER denying Motion to Stay; Joint Status Report due by 7/23/2020. Signed by Judge Thomas C. Wheeler. (nc) Service on parties made.

Keywords: re: Order on Motion to Stay, Reported Order: Motion to Stay; Rails-to-Trails; Fifth Amendment Taking; Indefinite Stay; Pressing Need.

REPORTED OPINION denying Second Motion to Amend Pleadings. Show Cause Notice due by 7/24/2020. Signed by Judge Elaine D. Kaplan. (feb) Service on parties made.

Keywords re Order denying Second Motion to Amend Pleadings: Motion to Amend; Futility; Bad Faith; Contracting Officer Final Decision.