USCFC General Jurisdiction-Reported

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

Keywords: re: Contract Disputes Act; Motion to Dismiss; Claim; Architect-Engineer Services; Design Within Funding Limitations Clause; Changes Clause.

REPORTED OPINION The Clerk is directed to enter judgment. Signed by Chief Judge Susan G. Braden. (rgh) Copy to parties. Modified on 8/21/2017 - typographical corrections to pdf (jt1). # (1) Court Exhibit A (jt1). Modified on 10/5/2017 - added Exhibit A back to entry(jt1).

Keywords: re: Accord and Satisfaction; Breach of Contract; Cardinal Change; Contract Disputes Act, 41 U.S.C. §§ 7101-7109; False Claims Act, 31 U.S.C. §§ 3729-3733; Federal Acquisition Regulations 52.233-1 (Disputes), 52.236-2 (Differing Cite Conditions), 52.236-3 (Site Investigation and Conditions Affecting Work), 52.236-13 (Accident Prevention), 252.236-7001 (Contract Drawings and Specifications), 52.249-10 (Default on Fixed-Price Construction Contract); Rule of the United States Court of Federal Claims 12(b)(1); Special Plea in Fraud, 28 U.S.C. § 2514; Tucker Act Jurisdiction over Contract Disputes, 28 U.S.C. § 1491(a)(2); United States Court of Federal Claims Jurisdiction to Adjudicate Government Set-Offs, 28 U.S.C. §§ 1503, 2508.

REPORTED OPINION: Plaintiffs' motion to compel the government to produce documents, ECF No. 126, is DENIED with respect to potentially infringing systems procured, manufactured, or used by the government prior to February 12, 2013, except for those systems that were subsequently modified or upgraded by the government after that date. Signed by Judge Charles F. Lettow.

Keywords: re: Reported Opinion: Patent suit; 28 U.S.C. § 1498(a); motion to compel discovery; limitation on any claims pre-existing assignment of patents due to Assignment of Claims Act; 31 U.S.C. § 3727. (EK)

REPORTED OPINION denying Motion to Dismiss - Rule 12(b)(6). Answer due by 8/23/2017. Signed by Judge Mary Ellen Coster Williams. (TF3) Copy to parties.

Keywords: re: Spent Nuclear Fuel; Partial Breach of Contract; Motion to Dismiss; Nuclear Regulatory Commission Fees; Collateral Estoppel; Breach of the Implied Duty of Good Faith and Fair Dealing; Fifth Amendment Taking; Pleading Alternative Theories. (TF3)

REPORTED OPINION denying Motion to Amend/Correct. Signed by Judge Mary Ellen Coster Williams. (TF3) Copy to parties.

Keywords: re: Supplemental Pleading; RCFC 15(d); Futility; RCFC 9(b); Inequitable Conduct; Materiality; Patent Trial and Appeal Board; Inter Partes Review; Affirmative Acts of Egregious Misconduct. (TF3)

REPORTED OPINION. Signed by Chief Judge Susan G. Braden.

Keywords: re: Administrative Procedures Act (APA), 5 U.S.C. § 706; Bid Protest Jurisdiction, 28 U.S.C. § 1491; Bid Protest Regulations, 4 C.F.R. § 21.3; Competition In Contracting Act (CICA), 10 U.S.C. § 2305, 31 U.S.C. § 3551; Federal Acquisition Regulation (FAR), 48 C.F.R. §§ 8.402, 8.405-3, 15.303, 38.101; Freedom Of Information Act (FOIA), 5 U.S.C. § 552; Rules of the United States Court of Federal Claims (RCFC) 52.1.

REPORTED OPINION Redacted Opinion and Order denying Motion for Judgment on the Administrative Record; granting [41] Motion for Judgment on the Record; granting [42] Motion for Judgment on the Administrative Record; denying [37] Motion for Judgment on the Administrative Record; granting [43] Cross-Motion for Judgment. Signed by Judge Elaine D. Kaplan.

Keywords: re: Bid Protest; 28 U.S.C. § 1491; Corrective Action; Past Performance; Unbalanced Pricing; Best-Value Determination; Waiver; IDIQ Contract; Total Evaluated Price.

REPORTED OPINION granting Motion for Reconsideration - Rule 59(a) The clerk's office is directed to VACATE the April 7, 2017 judgment and re-open the case. Defendant shall file it's answer or otherwise respond to plaintiff's complaint on or before August 18, 2017. . Signed by Judge Patricia E. Campbell-Smith.

Keywords: re: Motion for Reconsideration; RCFC 59(e); Mistake of Fact.

REPORTED ORDER denying Motion for Summary Judgment. Schedule due by 7/31/2017. Signed by Senior Judge Nancy B. Firestone.

Keywords: re: Order on Motion for Summary Judgment; Reported Order; Motion for Summary Judgment; RCFC 56; Limitation of Cost; FAR § 52.232-20; Limitation of Funds; FAR § 52.232-22; Limitation of Liability - Incremental Funding; NAVSUP 5252.232-9400; Incorporation of Limitation of Funds into Delivery Orders.

REPORTED OPINION granting Defendant's Motion for Judgment on the Administrative Record; denying [11] Plaintiff's Cross Motion. The Clerk is directed to enter judgment. Signed by Senior Judge Bohdan A. Futey.

Keywords: re: Order on Motion for Judgment on the Admin. Record, Order on Cross Motion [Dispositive], Reported Opinion. Military Pay, Combat Related Special Compensation, 10 U.S.C. § 1413a, Hazardous Service, Administrative Implementation of a Statute.

REPORTED OPINION. Signed by Judge Thomas C. Wheeler.

Keywords: re: Bid Protest; Supplementing the Administrative Record; Small Business Administration.

REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1). The Clerk is directed to enter final judgment in favor of defendant, DISMISSING plaintiff's complaint, for lack of subject matter jurisdiction, with prejudice. Signed by Judge Patricia E. Campbell-Smith.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1) and (6), Reported Opinion. Motion to Dismiss; RCFC 12(b)(1); Subject Matter Jurisdiction; Back Pay Act, 5 U.S.C. § 5596 (2012); 10 U.S.C. §1586 (2012). (TQ)

REPORTED OPINION granting Motion for Summary Judgment. The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler.

Keywords: re: [40]: Takings Without Just Compensation; Takings Claim Not Cognizable When Coextensive With Contract Claim; Actual Authority to Contract; Ratification.

REPORTED OPINION on Cross-Motions for Judgment on the Administrative Record. Signed by Judge Thomas C. Wheeler.

Keywords: re: [140]: Bid Protest Challenging Agency Corrective Action; Multiple Award IDIQ Contracts; Proposal Discussions Contrasted With Clarifications; Effect of Blue & Gold Fleet; Declaratory and Injunctive Relief.

REPORTED OPINION. Signed by Judge Lydia Kay Griggsby. (atw) Copy to parties. Modified on 7/13/2017 - typographical correction to PDF (jt1). Modified on 7/17/2017 - typographical correction to PDF (jt1). Modified on 8/3/2017 - typographical correction to PDF (jt1).

Keywords: Post-Award Bid Protest; Judgment Upon the Administrative Record, RCFC 52.1; Permanent Injunction; Supplementing the Administrative Record, re: Reported Opinion.

REPORTED OPINION. Signed by Judge Lydia Kay Griggsby. (atw) Copy to parties. Modified on 7/13/2017 - typographical correction to PDF (jt1). Modified on 7/17/2017 - typographical correction to PDF (jt1). Modified on 8/3/2017 - typographical correction to PDF (jt1).

Keywords: Post-Award Bid Protest; Judgment Upon the Administrative Record, RCFC 52.1; Permanent Injunction; Supplementing the Administrative Record, re: Reported Opinion.

REPORTED OPINION granting MOTION for Summary Judgment Partial filed by JENNIFER LANCLOS and denying [13] defendant's cross-motion for summary judgment. The parties shall confer and file a Joint Status Report informing the court as to the next appropriate steps in the matter, and proposing a schedule regarding the same, on or before 7/31/2017. Signed by Judge Patricia E. Campbell-Smith.

Keywords: re: Order on Motion for Summary Judgment, Reported Opinion. Motion for Summary Judgment; RCFC 56; Guarantee of Annuity Payments; Periodic Settlement Payments; Principles of Contract Interpretation. (TQ)

REPORTED OPINION. Signed by Judge Marian Blank Horn.

Keywords: re: Reported Opinion: Preliminary Injunction; Permanent Injunction; Corrective Action; Judgment on the Administrative Record.

REPORTED OPINION denying Motion to Stay. Signed by Judge Elaine D. Kaplan.

Keywords: re: Order on Motion to Stay; Reported Opinion; Bid Protest; General Services Administration; Request for Lease Proposal; Stay Pending Appeal; RCFC 62(c).

REPORTED OPINION. Signed by Judge Lydia Kay Griggsby.

Keywords: Pre-Award Bid Protest; Judgment Upon the Administrative Record, RCFC 52.1; Supplementing the Administrative Record; Permanent Injunction, re: Reported Opinion.