USCFC General Jurisdiction-Reported

MEMORANDUM OPINION AND ORDER denying Motion for Partial Summary Judgment; (Status Conference set for 3/5/2018 at 01:00 PM in Chambers (Telephonic) before Chief Judge Susan G. Braden, to discuss setting the case for trial). Signed by Chief Judge Susan G. Braden. (bs) Service on parties made.

Keywords: re: Memorandum Opinion And Order Denying Motion for Partial Summary Judgment: 5 C.F.R. §§ 551.101(c) (General); 551.104 (Definitions); 551.202 (General Principles); 551.206 (Administrative Exemption Criteria); 551.401(a) (Basic Principles); 551.402(a) (Agency Responsibility); Fair Labor Standards Act of 1938, 29 U.S.C. §§ 201-219 (2012); Portal-to-Portal Act of 1947, 29 U.S.C. § 255(a) (2012); Rules of the United States Court of Federal Claims 8(c) (Affirmative Defense); 30(b)(6) (Notice or Subpoena Directed to an Organization); 56(c) (Summary Judgment); Statute of Limitations, 28 U.S.C. § 2501 (2012).

REPORTED OPINION and ORDER reflecting redactions from the opinion and order entered under seal on February 22, 2018. Signed by Judge Charles F. Lettow.

Keywords: re: Post-award bid protest; procurement under the Federal Supply Schedule, governed by FAR Subpart 8.4; best value award.

REPORTED OPINION.Signed by Senior Judge Nancy B. Firestone. (js) Service on parties made.

Keywords: re: Bid protest; FAR § 9.504(a)(1),(2); FAR § 9.504(e); Significant Potential Organizational Conflict of Interest; Unequal Access to Information; Hard Facts.

REPORTED OPINION granting defendant's motion for summary judgment, which was converted from a motion to dismiss to a motion for summary judgment by court order [44]. The Clerk is directed to enter judgment. Signed by Senior Judge Eric G. Bruggink. (wr) Service on parties made.

Keywords: re: Reported Opinion: Contracts; takings; 42 U.S.C. §§ 1485, 1490a; effect of assignment clause; standing to bring breach of contract claim.

REPORTED MEMORANDUM OPINION and ORDER granting Partial Motion to Dismiss - Rule 12(b)(1) and (6). Signed by Chief Judge Susan G. Braden. (dls) Service on parties made. (Plaintiff and third party defendants served via certified mail; Article Nos. 7016 3010 0000 4308 4188; 7016 3010 0000 4308 4195; 7016 3010 0000 4308 4201; 7016 3010 0000 4308 4218)

Keywords: re: Assignment of Claims Act of 1940, 31 U.S.C. § 3727; Federal Rules of Evidence 901 (Authenticating or Identifying Evidence), 902 (Evidence That Is Self Authenticating); 28 U.S.C. § 1498(a) (Waiver of Sovereign Immunity And Jurisdiction Re: Patent Infringement Claims).

REPORTED MEMORANDUM OPINION AND FINAL ORDER DENYING PLAINTIFF'S MOTION FOR AN INJUNCTION,PENDING APPEAL. Signed by Chief Judge Susan G. Braden. (cn) Service on parties made.

Keywords: re: Reported Order; 15 U.S.C. § 631(a) (Commerce and Trade, Aid to Small Business, Declaration of Policy); 13 C.F.R. § 121.201 (North American Industry Classification System Size Standards); 48 C.F.R. § 9.104-1 (General Standards); § 10.001(b) (Market Research Policy); § 19.502-2(b)(1)(2) (the Rule of Two); Rule of the United States Court of FederalClaims (RCFC) 62(c) (Stay of Proceedings to Enforce a Judgment, Injunction Pending an Appeal).

REPORTED ORDER denying Motion for Summary Judgment; denying [39] Cross Motion; denying [40] Cross Motion. The parties are requested to file a Joint Status Report proposing a plan and schedule for further proceedings in this case on or before 3/14/2018. Signed by Judge Charles F. Lettow.

Keywords: re: Order on Motion for Summary Judgment: Claim for breach of contract; seizure of ownership of entity involved in a criminal enterprise; role of government as sole shareholder in operation of entity and in sale of assets; genuine disputes of material fact barring summary judgment

REPORTED OPINION. Signed by Judge Mary Ellen Coster Williams. (TF3) Service on parties made.

Keywords: re: Bid Protest; In-Sourcing Decision; Sikes Act, 16 U.S.C. § 670a; OMB Circular A-76; Statutory Construction. (TF3)

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

Keywords: re: Reported Opinion Post-award bid protest; Air Force pharmacies; Federal Supply Schedule; GAO protest; arbitrary corrective action; failure to consider important aspects; latent ambiguity; important aspects; latent ambiguity; retroactive interpretation; unfair discussions; arbitrary interpretation; failure to allow revised proposals; injunctive relief.

REPORTED OPINION denying Motion to Intervene. Signed by Judge Elaine D. Kaplan. (bh) Service on parties made.

Keywords: re: RCFC 24; Motion to Intervene; Attorneys Fees.

REPORTED ORDER granting in part and denying in part Motion for Extension of Time. Any Motion To Dismiss due by 12:00 p.m. (EST) on 2/20/2018). Signed by Chief Judge Susan G. Braden. (cn) Service on parties made.

REPORTED OPINION denying Motion to Dismiss - Rule 12(b)(1) and (6). Signed by Senior Judge Eric G. Bruggink. (wr) Service on parties made (hw1).

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1) and (6), Reported Opinion: Takings Clause; U.S. Const. amend. V; Inverse condemnation due to property damage; Police Power Exception; Private property use; Private property damage.

ORDER REGARDING SHORT FORM COMPLAINT FOR PLAINTIFFS WITH DOWNSTREAM CLAIMS (finding as moot Motion Regarding Short Form Complaint; finding as moot [34] Motion Regarding Short Form Complaint; finding as moot [43] Motion Regarding Short Form Complaint). Signed by Chief Judge Susan G. Braden. (Attachments: # (1) Exhibit Plaintiff's Short Form Complaint)(cn) Service on parties made.

REPORTED MEMORANDUM OPINION AND ORDER granting Motion for Summary Judgment; denying [34] Motion for Partial Summary Judgment; denying as moot [49] Motion for Hearing; and dismissing the complaint. The Clerk is directed to enter judgment. Signed by Judge Lydia Kay Griggsby. (rdb) Service on parties made.

Keywords: American Recovery and Reinvestment Act (ARRA); Section 1603; Open-Loop Biomass Facility; Cost Basis; I.R.C. § 45; Renewable Electricity Production Credit; I.R.C. § 48; Energy Tax Credit; Summary Judgment; RCFC 56, re: Reported Memorandum Opinion and Order.

REPORTED OPINION. Signed by Judge Mary Ellen Coster Williams. (TF3) Service on parties made.

Keywords: re: Post-Award Bid Protest; Supplementation of Administrative Record; Past Performance Evaluation; Too Close-at-Hand Information; Technical Evaluation; Injunctive Relief. (TF3)

REPORTED OPINION and ORDER granting Motion for Summary Judgment; denying [216] Motion of the Infringement Phase. The Clerk is directed to enter judgment. No costs. Signed by Judge Mary Ellen Coster Williams. (dls) Service on parties made. (Plaintiff served via certified mail; Article No. 7016 3010 0000 4308 4003)

Keywords: re: Patent Infringement; 28 U.S.C. § 1498; Summary Judgment; Direct Infringement; Doctrine of Equivalents; Insubstantial Differences; Triple Identity Test.

REPORTED ORDER: denying Motion Lifting Stay; denying [36] Motion Leave To File Motion For Todd B. Denenberg To Be Appointed Downstream Lead Counsel For Subrogated Insurers Signed by Chief Judge Susan G. Braden. (ar) Service on parties made. **REDOCKETED FOR ADMINISTRATIVE PURPOSES ONLY**

REPORTED OPINION. The Clerk is directed to enter judgment. Signed by Judge Marian Blank Horn. (dls) Service on parties made. (Plaintiff served via certified mail; Article No. 7016 3010 0000 4308 3846)

Keywords: re: Motion to Dismiss; Reemployed Annuitant; Employment; Contract; Appointment.

REPORTED OPINION denying Motion for Judgment on the Pleadings. Joint status report due 3/2/2018. Signed by Judge Margaret M. Sweeney. (pp) Service on parties made.

Keywords -- RCFC 12(c); Motion for Judgment on the Pleadings; Standing; Injury in Fact; Third Party Payment.

REPORTED OPINION--Motion to Stay denied; [9] Motion to Dismiss granted. The Clerk is directed to enter judgment. Signed by Senior Judge Robert H. Hodges, Jr.

Keywords re: Opinion and Order: Public Water System; Carcinogenic Hexavalent Chromium; Maximum Contamination Regulations; Inverse Condemnation Action