USCFC General Jurisdiction-Reported

REPORTED OPINION--Motion to Stay denied; [10] 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

REPORTED ORDER granting in part and denying in part Motion for Summary Judgment filed by USA; denying [12] Cross Motion for Summary Judgment filed by JOHN SHEA. Status Report due by 2/16/2018. Signed by Judge Charles F. Lettow.

Keywords: Claim for damages under the Fair Labor Standards Act, 29 U.S.C. § 216(b); position as Investigations Specialist with NCIS designated as exempt; frequent duty as a team lead; genuine disputes over material facts

REPORTED OPINION--Motion for Partial Summary Judgment denied; [16] Motion for Summary Judgment granted. The Clerk is directed to enter judgment. Signed by Senior Judge Robert H. Hodges, Jr. (smm) (Main Document 22 replaced on 1/31/2018 to upload correct PDF)

Keywords re: Opinion and Order: Federal Income Tax Liability; Recovery of Capital Doctrine; Nontaxable Contribution to Capital; Internal Revenue Code §61

REPORTED CASE MANAGEMENT ORDER #5 granting in part and denying in part Motion to Amend Schedule(Initial Fact Sheet due by 1/30/2018., Joint Short Form Complaint due by 2/2/2018.). Signed by Chief Judge Susan G. Braden. (Attachments: # (1) Exhibit Initial Fact Sheet)(cn) Service on parties made.

REPORTED OPINION and ORDER granting Motion to Dismiss - Rule 12(b)(1) and (6). The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler. (ar) Service on parties made. [Sent via certified mail: 7016 3010 0000 4308 3730]

REPORTED OPINION granting judgment on the administrative record for defendant and defendant-intervenor and denying motion for preliminary injunction as moot. Signed by Judge Elaine D. Kaplan. (bh) Service on parties made.

Keywords: re: Bid Protest; Corrective Action; Agency Needs; Reasonable Under the Circumstances.

REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1) The Clerk is directed to enter judgment. Signed by Judge Margaret M. Sweeney. (ac7) Service on parties made.

Keywords: Pro Se Plaintiff; RCFC 12(b)(l); RCFC 12(b)(6); Subject Matter Jurisdiction; Failure to State a Claim Upon Which Relief Can Be Granted; Civil Rights; Tort; Money-Mandating Provision of Law; Collateral Attack; Pleading Standards; Breach of Contract; Takings Clause of the Fifth Amendment; Patent Infringement; 28 U.S.C. § 1500

REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1) The Clerk is directed to enter final judgment for defendant DISMISSING plaintiff's amended complaint, 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). Reported Opinion. Takings; Claim Alleging Denial of Access to Real Property; RCFC 12(b)(1); Claim Not Ripe Where No Application for Right-of-Way Completed. (TQ)

REPORTED MEMORANDUM OPINION AND ORDER: granting-in-part Motion to Dismiss - Rule 12(b)(1) and (6) and dismissing the complaint. The Clerk is directed to enter judgment. Signed by Judge Lydia Kay Griggsby. (atw) Service on parties made.

Keywords: Rule 12(b)(1); Subject-Matter Jurisdiction; Rule 12(b)(6); Failure to State a Claim; Res Judicata; Implied-In-Law Contract, re: REPORTED MEMORANDUM OPINION AND ORDER on Motion to Dismiss - Rule 12(b)(1) and (6).

REPORTED OPINION and ORDER granting plaintiffs' motion for approval of the settlement. The Clerk is directed to enter judgment under RCFC 54(b). Signed by Judge Charles F. Lettow. (kw)REPORTED OPINION and ORDER granting plaintiffs' motion for approval of the settlement. The Clerk is directed to enter judgment under RCFC 54(b). Signed by Judge Charles F. Lettow.

Keywords: re: Rails-to-trails takings case; fairness of settlement of class action; RCFC 23(e)

REPORTED OPINION--Motion to Seal denied. Clerk will strike [77-8] and [79] filings. Plaintiffs will file complete Exhibit 7 to [77] Motion for Attorneys Fees, by 1/29/18. Signed by Senior Judge Robert H. Hodges, Jr.

REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1). The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler. (mg) Service on parties made.

Keywords: re: Motion to Dismiss for Lack of Subject Matter Jurisdiction; RCFC 12(b)(1); Federal Deposit Insurance Corporation; 12 U.S.C. 1819(b)(1); 28 U.S.C. § 1345; Financial Institutions Reform, Recovery, and Enforcement Act of 1989; 12 U.S.C. § 1821.

Docketed for Administrative Purposes REPORTED OPINION AND ORDER granting in part and denying in part 17 Application for Access to Protected Material as well as defendant's motion to deny Mr. Zeidman's application for access 18. Mr. Zeidman's application for access to protected material, 17, is hereby DENIED in part, as to access to certain pages set forth in defendant's modified request which are specifically identified below, and is otherwise GRANTED; and Defendant's motion to deny Mr. Zeidman's application, 18, is hereby GRANTED in part, so that Mr. Ziedman shall have limited access to the administrative record and is otherwise DENIED. The following pages of the administrative record remain under seal and are RESTRICTED from Mr. Zeidmans view: AR 435-651; AR 679-848; AR 867-886; AR 962-973; and, AR 1202-1208. On or before 1/23/2018, defendant shall FILE a redacted version of the administrative record under seal on the docket in this matter which shall meet the requirements set forth herein to allow plaintiff's counsel to provide this redacted version to Mr. Zeidman for review. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made. (Entered: 01/19/2018)

Keywords: re: Reported Opinion - Application for Access to ProtectedMaterial; RCFC, App. C, Section 18.

REPORTED ORDER denying Motion to Dismiss - Rule 12(b)(6); on [8] MOTION to Dismiss pursuant to Rule 12(b)(6) filed by USA. Signed by Senior Judge Eric G. Bruggink. (wr) Service on parties made. ew

Keywords: re: Patents; motion to dismiss for patent-ineligible subject matter; 35 U.S.C. § 101 (2012); whether plaintiffs claims are directed to an abstract idea

REPORTED OPINION granting Motion for Leave to Proceed in forma pauperis; granting [7] Motion to Dismiss - Rule 12(b)(1) and (6) The Clerk is directed to enter judgment. Signed by Judge Elaine D. Kaplan. U.S. Postal Service Certified Mail Receipt # 7017 1450 0000 1346 4261(vds) Service on parties made.

Keywords:Keywords: Pro Se Complaint; Subject Matter Jurisdiction; Equitable Relief; Money-Mandating; Sovereign Citizen.

REPORTED OPINION denying Motion for Summary Judgment and granting [30] Cross-Motion for Summary Judgment. The clerk is directed to enter judgment. Signed by Judge Margaret M. Sweeney. (pp) Service on parties made.

Keywords re: Reported Opinion -- Cross-Motions for Summary Judgment; RCFC 56; Tax Refund; Capital Loss; Theft Loss; Substantial Variance; Informal Claim; Waiver; General Claim; Germaneness; Quasi-Estoppel; Duty of Consistency.

REPORTED OPINION reissuing **SEALED** OPINION and ORDER for publication. Signed by Judge Margaret M. Sweeney. (kb1)

Keywords: re: Reported Opinion - Postaward Bid Protest; Cross-Motions for Judgment on the Administrative Record; Standing; Evaluation of Technical and Price Proposals; Tradeoff Analysis

REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1)-Lack of Subject Matter Jurisdiction. The court does not address the government's alternative request for dismissal under Rule 12(b)(6)-Failure to State a Claim because the court finds that it does not have subject matter jurisdiction over the complaint. No Costs. Signed by Senior Judge Nancy B. Firestone. (js) Service on parties made.

Keywords: re: Motion to Dismiss for Lack of Subject Matter Jurisdiction; RCFC 12(b)(1); Lack of authority to bind government; Failure to establish enforceable EEO Settlement Agreement

REPORTED OPINION denying Cross Motion; denying [19] Motion for Partial Summary Judgment. Signed by Judge Mary Ellen Coster Williams. (TF3) Service on parties made.

Keywords: re: Summary Judgment; American Recovery and Reinvestment Act, Pub. Law. No. 111-5, Div. B, tit. I, § 1603, 123 Stat. 115, 364-66; Open-Loop Biomass Facility; Grant; 26 U.S.C. §§ 45, 48; Statutory Interpretation; Placed in Service; Oglethorpe Factors; Treas. Reg. 1.46-3(d)(1). (TF3)

REPORTED OPINION dismissing case and denying as moot Motion to Withdraw as Attorney. The Clerk is directed to enter judgment. Signed by Chief Judge Susan G. Braden. (jf) Service on parties made.

Keywords: re: Rule of the United States Court of Federal Claims 25(a)(1) and 41(b).