USCFC General Jurisdiction-Reported

REPORTED ORDER granting in part and denying in part Motion to Dismiss - Rule 12(b)(1) and (6); denying [51] Cross Motion. The court will convene a telephone status conference in early September 2018 to discuss further proceedings. Signed by Senior Judge Susan G. Braden. Service on parties made.

Keywords: re: Reported Order on Motion to Dismiss - Rule 12(b)(1) and (6), Order on Cross Motion: Breach of Contract; Constructive Change; Contract Disputes Act of 1978, 41 U.S.C. §§ 601613 (2006); Duty of Good Faith and Fair Dealing; Federal Acquisition Regulation, 48 C.F.R. §§ 6.101 (Competition Requirements), 16.202-1 (Firm, Fixed-Price Contract), 49.103 (Methods of Settlement), 52.221-13 (Change Order Extensions), 52.233-1 (Disputes), 52.236-2 (Differing Site Conditions), 52.236-3 (Site Investigations and Conditions Affecting Work), 52.236-13 (Safety Equipment), 52.242-14 (Excusable Delays), 52.243-7 (Change Order), 52.246-12 (Inspection of Construction), 52.249-2 (Termination For Convenience), 52.249-10 (Termination For Default), 53.301-1436 (Settlement Proposal (Total Cost Basis)); Ratification; Rules of the United States Court of Federal Claims 9(k) (Pleading Requirements for Contract Claims), 11(b)(3) (Representations to the Court), 12(b)(1) (Subject Matter Jurisdiction), 12(b)(6) (Failure to State a Claim), 15 (Amending Pleadings); Safety and Health Regulations for Construction, 29 C.F.R. §§ 1926.11926.1442; Tucker Act Jurisdiction, 28 U.S.C. § 1491.

REPORTED OPINION denying Motion for Partial Summary Judgment; granting [55] Cross Motion. Parties shall file a Joint Status Report by 9/17/2018. Signed by Senior Judge Nancy B. Firestone. (dpk) Service on parties made. (Main Document 81 replaced on 9/11/2018 pursuant to the court's order filed 9/11/2018) (ac7).

Keywords: re: Order on Motion for Partial Summary Judgment, Order on Cross Motion [Dispositive], Reported Opinion: Partial Summary Judgment; Breach of Contract; Claim Accrual; Standing; Defense Base Closure and Realignment Act; Deed Interpretation.

REPORTED OPINION granting Motion for Summary Judgment. The Clerk is directed to enter judgment. Signed by Judge Patricia E. Campbell-Smith. (hw1) Service on parties made.

Keywords: Contract; Wrongful Termination for Default Claim; Motion for SummaryJudgment, RCFC 56.

REPORTED TRIAL OPINION The Clerk is directed to enter judgment. Signed by Senior Judge Robert H. Hodges, Jr. (vk). Modified on 10/29/2018 - corrected typographical error (jt1).

Keywords: re: Reported Opinion: Fifth Amendment Taking; Inverse Condemnation; Laches; Permanent and Exclusive Occupation; Easement of Flow.

REPORTED OPINION granting Partial Motion to Dismiss - Rule 12(b)(1) and (6). The Clerk is directed to enter judgment. Signed by Senior Judge Marian Blank Horn. (rp) Service on parties made. Plaintiff served via certified mail, article number 7017 1450 0000 1346 4414.

Keywords: re: Pro Se Plaintiff; Motion to Dismiss; Subject Matter Jurisdiction; Tort Claim; Fraud Claim; Tax Refund Claim.

REPORTED ORDER granting Joint Motion for Conditional Certification of Collective Group and Notice and withdrawal of Plaintiffs' Motion for Conditional Certification [26] as superseded. Signed by Senior Judge Charles F. Lettow. (pp) Modified on 8/27/2018 to edit docket text per chambers

Keywords: re: Claims under the Fair Labor Standards Act, 29 U.S.C. § 216(b); collective action by similarly situated employees; conditional certification; approval of notice.

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

Keywords: re: Reported Opinion: Post-award bid protest;Standing; Zone of activeconsideration; SDVOSB;Affiliation.

REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1). The Clerk is directed to enter judgment. Signed by Senior Judge Marian Blank Horn. (dls) Service on parties made. (Plaintiff served via certified mail; Article No. 7016 3010 0000 4308 4744)

Keywords: re: Pro Se Plaintiff; Motion to Dismiss; Subject Matter Jurisdiction; Federal Retirement Benefits Claim.

REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1) and (6). The Clerk is directed to enter judgment. Signed by Senior Judge Eric G. Bruggink. (wr) Service on parties made.REPORTED OPINION granting [20] Motion to Dismiss - Rule 12(b)(1) and (6). The Clerk is directed to enter judgment. Signed by Senior Judge Eric G. Bruggink. (wr) Service on parties made.

Keywords: re: Reported Opinion; Order on Motion to Dismiss - Rule 12(b)(1) and (6): Contracts; declaratory judgment; 28 U.S.C. § 1491(a)(1) (2012);guaranty agreement; debt cancellation; cooperative agreement.

REPORTED MEMORANDUM OPINION AND ORDER CONSTRUING CERTAIN CLAIMS OF UNITED STATES PATENT NOS. 7,719,425; 7,924,156; 9,524,458; AND 9,569,777.. Signed by Senior Judge Susan G. Braden. (cn) Service on parties made.

Keywords: re: 28 U.S.C. § 1498(a) (Patent Infringement Jurisdiction);35 U.S.C. §§ 100(d) (Definitions), 112 (Specification), 281 (Remedy for Infringement of a Patent);37 C.F.R. § 1.75 (Claims);Claim Construction;Extrinsic Evidence;Intrinsic Evidence;Manual Of Patent Examining Procedure §§ 2159 (Applicability Date Provisions), 2181 (Identifying and Interpreting Means-Plus-Function Limitations);Rules of the United States Court of Federal Claims 12(b)(1) (Jurisdiction), 12(b)(6) (Failure to State a Claim), 12(e) (Motion for a More Definite Statement), 14(b) (Notice to an Interested Party), 15(a)(2) (Amendments Before Trial).

REPORTED ORDER Dismissing as Moot. Signed by Senior Judge Loren A. Smith. (mr) Service on parties made.

Keywords: Dismissing as Moot, RCFC 17(a)(3), Substitution as Real Party in Interest. re: Reported Order

REPORTED OPINION. Signed by Senior Judge Victor J. Wolski. (jp) Service on parties made.

REPORTED ORDER denying as moot Motion to Dismiss - Rule 12(b)(1); granting [19] Motion to Transfer. Signed by Senior Judge Charles F. Lettow.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1), Order on Motion to Transfer, Reported Order: Taxpayers claim for overpayment interest; invocation of I.R.C. §§ 6411, 6611(e); claim for overpayment interest not a claim for refund of tax; jurisdiction under the Tucker Act; 28 U.S.C § 1491(a)(1); statute of limitations; 28 U.S.C § 1501; split in the circuits over basis of claim to overpayment interest; transfer; 28 U.S.C § 1631

REPORTED OPINION. Redacted version of Opinion and Order denying [24] Motion for Discovery, denying [25] Motion for Judgment on the Administrative Record, and granting [27] Cross-Motion for Judgment on the Administrative Record. Signed by Chief Judge Margaret M. Sweeney. (pp) Service on parties made.

Keywords re: Reported Opinion -- Postaward Bid Protest; Motion for Discovery; Cross-Motions for Judgment on the Administrative Record; Effective Judicial Review; Mandatory Wage Withholding; Termination for Cause; Bias; Bad Faith; Improper Evaluations; Unstated Evaluation Criteria; Failure to Follow Solicitation Instructions; Past Performance History; Price Realism; Price Reasonableness.

REPORTED ORDER granting in part and denying in part Motion for Partial Summary Judgment; granting in part and denying in part [34] Cross Motion; granting in part and denying in part [34] Motion for Summary Judgment; granting in part and denying in part [35] Cross Motion; granting in part and denying in part [35] Motion for Partial Summary Judgment; Joint Status Report with proposed schedule due by 9/7/2018. Signed by Senior Judge Nancy B. Firestone. (dpk) Service on parties made.

Keywords: re: Order on Motion for Partial Summary Judgment, Order on Cross Motion [Dispositive], Order on Motion for Summary Judgment, Reported Order: Rails-to Trails; Fifth Amendment Takings; Oregon Law, Easement; Fee Simple.

REPORTED ORDER granting in part and denying in part Cross Motion; granting in part and denying in part [23] Motion for Partial Summary Judgment; granting in part and denying in part [24] Cross Motion; granting in part and denying in part [24] Motion for Summary Judgment; granting in part and denying in part [20] Motion for Partial Summary Judgment; on [24] CROSS MOTION and RESPONSE to [20] Motion for Partial Summary Judgment, filed by JAN C. CHRISTOPHERSON, ALICE K. BLANTON, CLAUDE J. ALLBRITTON, JOHN C. DENISON, MARY BETH COUSINS, TODD A. BRIDGE, SHERRY D. CROCKER, KRISTI R. CHRISTOPHERSON, MARK CHATH MOTION for Summary Judgment filed by USA, [20] MOTION for Partial Summary Judgment filed by JAN C. CHRISTOPHERSON, ALICE K. BLANTON, CLAUDE J. ALLBRITTON, JOHN C. DENISON, MARY BETH COUSINS, TODD A. BRIDGE, SHERRY D. CROCKER, KRISTI R. CHRISTOPHERSON, MARK CHATHAM, GARY E ALBRIGHT, GEORGE F. BAKER, REBECCA A. BRIDGE, CLARENCE W. BOQUIST, CARLA C. ALBRIGHT, SCOTT R. COUSINS, MARTHA BUSH, BRAD CONGDON, JUDITH A. BATES, CAROLE J. BELLISARIO, DOUGLAS CREASY, KARLA L. ALLBRITTON, JOANNE E. BAKER, BRENDA BUTTOLPH, EDWARD J. BATES, DOLORES F. BOQUIST, [23] CROSS MOTION and RESPONSE to [20] Motion for Partial Summary Judgment, filed by JAN C. CHRISTOPHERSON, ALICE K. BLANTON, CLAUDE J. ALLBRITTON, JOHN C. DENISON, MARY BETH COUSINS, TODD A. BRIDGE, SHERRY D. CROCKER, KRISTI R. CHRISTOPHERSON, MARK CHATH MOTION for Partial Summary Judgment filed by USA: Joint Status Report with Proposed Schedule due by 9/7/2018. Signed by Senior Judge Nancy B. Firestone. (dpk) Service on parties made.

Keywords: re: Order on Cross Motion [Dispositive], Order on Motion for Partial Summary Judgment, Order on Motion for Summary Judgment, Reported Order: Rails-to Trails; Fifth Amendment Takings; Oregon Law, Easement; Fee Simple.

[Redated Order] re: Opinion and Order. Signed by Senior Judge Charles F. Lettow.

Keywords: re: Redacted Order: Post-award bid protest; change in requirements for the procurement; application of FAR § 15.206(a); evaluation of past performance and technical factors, including staffing and technical approach; equitable relief

REPORTED ORDER denying Motion for Reconsideration - Rule 59(a). Signed by Judge Thomas C. Wheeler. (mg) Service on parties made.

Keywords: re: Rails to Trails Case; National Trails System Act, 16 U.S.C. § 1241 (2006); Washington State Property Law; Deed Interpretation; Easement; Fee Simple; Motion for Reconsideration.

OPINION AND ORDER denying Motion for Partial Summary Judgment; denying [146] Cross-Motion for Partial Summary Judgment; granting [152] Motion for Leave to File. Status Report due by 9/7/2018. Signed by Judge Elaine D. Kaplan. (bl) Service on parties made.

Keywords: re: Reported Opinion; Fifth Amendment; Takings Clause; Rails-To-Trails Conversion; Notice of Interim Trail Use; Valuation; Crossing Rights.

**Redocketed for Administrative Purposes Only** REPORTED MEMORANDUM OPINION and FINAL ORDER denying Motion for Relief from an Order - Rule 60. Signed by Senior Judge Susan G. Braden. (rp) Service on parties made. Plaintiffs served via certified mail, article number 7017 1450 0000 1346 4384. Signed by Senior Judge Susan G. Braden. (ar) Service on parties made.

Keywords: re: Unreported Memorandum Opinion an Order on Motion for Relief from Judgment - Rule 60: Rules of the United States Court of Federal Claims 41 (Dismissal of Actions), 60 (Relief From a Judgment or Order). (rp)Keywords: re: [14] Rules of the United States Court of Federal Claims 41 (Dismissal of Actions), 60 (Relief From a Judgment or Order).