USCFC General Jurisdiction-Reported

REPORTED OPINION Granting in part and denying in part Motion for Partial Summary Judgment; granting in part and denying in part [49] Cross Motion. Parties shall file a joint status report by 2/12/2018. Signed by Senior Judge Nancy B. Firestone. (js) Service on parties made.

Keywords: re: Partial Summary Judgment; Privatization Act, 42 U.S.C. § 2297(h); CAS 413-50(c)(12), 48 C.F.R. § 9904.413-50(c)(12); Segment Closing; Allocation of Assets and Liabilities; CAS 413-50(c)(5), 48 C.F.R. §9904.413-50(c)(5), Adjustment for Post-Retirement Health Benefits, FAR 52.216-7, 48 C.F.R. 52.216-7.

REISSUED OPINION--Filed this date, unsealed. Signed by Senior Judge Robert H. Hodges, Jr.

Keywords: re: Reissued Opinion: Motion for Summary Judgment; Renewable Energy Facilities; Department of Treasury Section 1603 Grants; Internal Revenue Code of 1986, Section 48; The American Recovery and Reimbursement Tax Act of 2009

REISSUED OPINION--Filed this date, unsealed. Signed by Senior Judge Robert H. Hodges, Jr.

Keywords: re: Reissued Opinion: Motion for Summary Judgment; Renewable Energy Facilities; Department of Treasury Section 1603 Grants; Internal Revenue Code of 1986, Section 48; The American Recovery and Reimbursement Tax Act of 2009

REPORTED OPINION and ORDER granting Motion to Dismiss - Rule 12(b)(1) The Clerk is directed to enter judgment. Signed by Judge Charles F. Lettow. (vds) Service on parties made.

Keywords: Claim of breach of contract; prize competition under § 655 of the Energy Independence and Security Act of 2007; subject matter jurisdiction

REPORTED OPINION and ORDER granting in part Amended Motion for Attorneys' Fees; granting [128] Motion for Leave to File. The Clerk is directed to enter judgment. Signed by Judge Elaine D. Kaplan. (bh) Service on parties made. (Main Document 137 replaced on 1/12/2018 to add Rule 54(b) language in the conclusion.)

Keywords: re: Attorneys Fees; Prevailing Party; Buckhannon; FLSA; Settlement Agreement; Forum Rule; Avera.

REPORTED OPINION granting Motion for Summary Judgment; denying [52] Cross Motion The Clerk is directed to enter judgment. Signed by Senior Judge Eric G. Bruggink. (wr) Service on parties made.

Keywords: re: U.S. Const. amend. V; illegal exaction; constitutional takings; 48 U.S.C. § 1469c (2012); V.I. Code Ann. tit. 29, § 543(12) (2017).

REPORTED ORDER reissuing OPINION and ORDER. Signed by Senior Judge Loren A. Smith. (ae) Service on parties made.

Keywords: re: Pre-Award Bid Protest; RCFC 52.1; Judgment on the Administrative Record; Standing; Bundling

REPORTED ORDER Notice of Compliance due by 1/8/2018.. Signed by Chief Judge Susan G. Braden. (cn) Service on parties made.

REPORTED PUBLIC MEMORANDUM OPINION AND FINAL ORDER. Signed by Chief Judge Susan G. Braden. (cn) Service on parties made.

REPORTED POST-TRIAL MEMORANDUM OPINION AND ORDER REGARDING A PARTIAL PHYSICAL TAKINGS CLAIM: Parties are directed to provide the court with information by 2/23/2018. Signed by Chief Judge Susan G. Braden. (Attachments: # (1) Table of Abbreviations, # (2) Memorandum Opinion and Order on Evidentiary Issues)(jf) (Service on parties made.) (Main Document 96 replaced on 1/8/2018 to correct title of opinion) (ar). (Attachment 2 replaced on 1/8/2018 to correct typo in PDF)

Keywords: re: Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. §§ 9601-9675 (2012); Just Compensation; Right of Entry Agreement; Tucker Act Jurisdiction, 28 U.S.C. § 1491 (2012); U.S. CONST. amend. V, Takings Clause; Voluntary Consent.

Docketed for Administrative Purposes MEMORANDUM OPINION and FINAL ORDER granting Motion to Dismiss - Rule 12(b)(1). The Clerk is directed to enter judgment. Signed by Chief Judge Susan G. Braden. (dls) Service on parties made. (Plaintiff served via certified mail; Article No. 7017 1450 0000 1346 0317)

REPORTED OPINION originally issued under seal on 12/20/2017. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made.

Keywords: re: Reported Opinion. Bid Protest; Review of Small Business Administrations Determination that Plaintiff Is Not a Small Business; Preliminary Injunction Request. (TQ)

REPORTED OPINION granting Motion for Summary Judgment; denying [10] Cross Motion. Status Report due by 1/16/2018. Signed by Judge Elaine D. Kaplan. (bh) Service on parties made.

Keywords: re: Payments in Lieu of Taxes; Statutory Interpretation; 31 U.S.C. § 6906; Obligations Limited by Appropriations.

REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1), and directing the clerk's office to RETURN any future filings that are not in compliance with this court's rules to plaintiff, UNFILED, without further order. The Clerk is directed to enter judgment. Signed by Judge Patricia E. Campbell-Smith. (dls) Service on parties made. (Plaintiff served via certified mail; Article No. 7017 1450 0000 1346 0423)

Keywords: re: Pro Se; Equal Pay Act, 29 U.S.C. § 206(d) (2012); Motion to Dismiss for Lack of Subject Matter Jurisdiction, RCFC 12(b)(1); 28 U.S.C. § 1500 (2012); RCFC 12(h)(3).

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

Keywords re: Reported Opinion dismissing case -- RCFC 12(b)(1); Takings Clause of the Fifth Amendment; 28 U.S.C. § 2501; Statute of Limitations; Claim Accrual; Stabilization Doctrine; Justifiable Uncertainty.

REPORTED OPINION AND ORDER reflecting redactions from the opinion and order entered under seal on December 15, 2017. Signed by Judge Charles F. Lettow.

Keywords: re: Pre-award bid protest; restoration of SDVOSB to the VA's VetBiz VIP database; cancellation of one solicitation; prospective, not retroactive, restoration of SDVOSB to the VetBiz VIP database, award of bid preparation and proposal costs

REPORTED ORDER REGARDING JUDICIAL ASSIGNMENT. Signed by Chief Judge Susan G. Braden. (cn) Service on parties made.

REPORTED ORDER. Signed by Judge Lydia Kay Griggsby. (rdb) Service on parties made.

Keywords: Injunction Pending Appeal; RCFC 62(c), re: Reported Order.

REPORTED OPINION. The Clerk is directed to enter judgment. Signed by Judge Marian Blank Horn. (td) Service on parties made.

Keywords: re: Motion for Summary Judgment; Cooperative Agreement; Breach of Contract; Contract Interpretation; Incorporation by Reference

REPORTED OPINION AND ORDER reflecting no redactions from the opinion and order entered under seal on December 11, 2017. Signed by Judge Charles F. Lettow.

Keywords: re: Post-award bid protest; qualification of an offeror as a service-disabled veteran-owned small business; divergent standards for eligibility in regulations of the Small Business Administration and the Department of Veterans Affairs; Auer deference