USCFC General Jurisdiction-Reported

MEMORANDUM OPINION AND ORDER granting Motion for Judgment upon the Administrative Record and denying [11] Cross-Motion for Judgment upon the Administrative Record. The Clerk is directed to enter judgment. Signed by Judge Lydia Kay Griggsby.

Keywords: re: Reported Opinion: Disability Retirement Compensation, 10 U.S.C. § 1201; Disability Separation Compensation, 10 U.S.C. § 1203; RCFC 52.1.

REPORTED OPINION. Signed by Judge Marian Blank Horn.

Keywords: re: Reported Opinion: Post-Award Bid Protest; Cross Motions for Judgment on the Administrative Record; Price Realism.

REPORTED OPINION. Signed by Judge Thomas C. Wheeler.

Keywords: re: Bid Protest; Supplementing the Administrative Record; Deposition of Contracting Officer and Small Business Administration.

REPORTED ORDER deferring ruling on Motion for Bill of Costs; deferring ruling on [90] Motion for Attorney Fees. Plaintiff's application for bid preparation and proposal costs and motion for attorneys' fees and related nontaxable expenses are SUSPENDED pending the resolution of the government's appeal from the court's denial of its motion for relief from judgment. The parties are ordered to file a joint status report with the court within ten days after the Federal Circuit renders a decision in that appeal. Signed by Judge Charles F. Lettow.

Keywords: re: Order on Motion for Bill of Costs, Order on Motion for Attorney Fees, Reported Order: Trial court's jurisdiction over a case after an appeal has been filed. (EK)

REPORTED OPINION. Signed by Judge Victor J. Wolski.

Keywords: re: Reported Opinion; Post-award bid protest; U.S. Dept. of Energy; omissions of required information from proposals; alleged clerical error; failure to request clarification; unstated evaluation method; non-disclosure of incumbent contract staffing information; alleged disparate treatment due to incumbent facilities; Blue & Gold Fleet waiver.

REPORTED OPINION. Signed by Judge Marian Blank Horn.

Keywords: re: Reported Opinion. Post-Award Bid Protest; Judgment on the Administrative Record; Waiver; Price Evaluation; Technical Evaluation; Organizational Conflict of Interest; Bad Faith.

REPORTED ORDER denying Motion to Dismiss - Rule 12(b)(6). Signed by Senior Judge Loren A. Smith.

Keywords: re: Motion to Dismiss; 12(b)(6)

REPORTED OPINION. Signed by Senior Judge Eric G. Bruggink. (jpk1) Copy to parties.

Keywords: re: Reported Order: Post-award bid protest; Past performance; Unstated evaluation criteria; Inadequate discussions; Best value tradeoff.

REPORTED Opinion and Order on Plaintiffs' MOTION for Settlement granting [285] Motion for Settlement. The Clerk is directed to enter final judgment on this opinion and on the opinions issued in this matter on 8/23/2007 (ECF NREPORTED Opinion and Order on [285] Plaintiffs' MOTION for Settlement granting [285] Motion for Settlement. The Clerk is directed to enter final judgment on this opinion and on the opinions issued in this matter on 8/23/2007 (ECF No. [42]); 4/28/2014 (ECF No. [212]); and 8/31/2015(ECF No. [242]). Signed by Judge Patricia E. Campbell-Smith. (TQ) Copy to parties. Modified on 6/28/2017 - edit docket text(jt1).o. [42]); 4/28/2014 (ECF No. [212]); and 8/31/2015(ECF No. [242]). Signed by Judge Patricia E. Campbell-Smith. (TQ) Copy to parties. Modified on 6/28/2017 - edit docket text(jt1).

Keywords: re: Order on Motion for Settlement, Reported Opinion, Reported Order. Approval of Settlement Agreement; RCFC 23(e); Class Action; Lump-Sum Payment; 5 U.S.C. §§ 5551-5552 (2012); Separation from Service; Back Pay Act; 5 U.S.C. § 5596 (2012). (TQ)

REPORTED OPINION granting Motion for Summary Judgment; denying [88] Cross-Motion for Summary Judgment; denying [105] Motion to Strike. The Clerk is directed to enter judgment. Signed by Senior Judge Loren A. Smith.

Keywords: re: Deferred Compensation; FAR 31.205-6; Allowability; Motion for Summary Judgment.

REPORTED OPINION denying Motion to Dismiss - Rule 12(b)(6). Signed by Judge Elaine D. Kaplan.

Keywords: re: RCFC 12(b)(6); Motion to Dismiss; Failure to State a Claim; Improper Termination for Default; Breach of Contract.

REPORTED OPINION and ORDER denying Motion for Summary Judgment; granting [36] Cross Motion. The parties are directed to confer regarding the effect of the legal conclusions in this opinion and to file a JOINT STIPULATION as to the claims that remain viable in this case. As part of the stipulations, the parties shall identify for the court the number and nature of the conveyances involved in each claim. The parties shall file the joint stipulations on or before 7/28/2017. Also on or before 7/28/2017, the parties shall file a JOINT PROPOSED SCHEDULING ORDER to govern future proceedings in this case. That schedule shall specifically account for submissions from the parties addressing the effect of the Caquelin federal circuit decision (Case No. 16-1663) on the issues in this case. Signed by Judge Patricia E. Campbell-Smith.

Keywords: re: Order on Motion for Summary Judgment, Order on Cross Motion [Dispositive], Reported Opinion and Order. Motion for Summary Judgment; RCFC56; Rails-to-Trails; Trails Act; Fifth Amendment Takings; Railbanking. (TQ)

REPORTED OPINION and ORDER granting Motion for Summary Judgment; denying [15] Motion for Summary Judgment The Clerk is directed to enter judgment. Signed by Judge Charles F. Lettow. [USPS Certified Mail Tracking # 7017 1450 0000 1346 0188]

Keywords: Claim for overseas living quarters allowance; application of the Overseas Differentials and Allowances Act, 5 U.S.C. § 5923(a)(2), and the Department of State Standardized Regulations, DSSR § 031.12; jurisdiction; eligibility

REPORTED ORDER reflecting no redactions from the opinion and order previously entered under seal on June 12, 2017. Signed by Judge Charles F. Lettow.

Keywords: re: Reported Order: Post-trial decision in a tax refund case; timing of receipt of income; formulaic bonus paid to an American member of an English limited liability partnership in her capacity other than as a member; I.R.C. § 707(a)(2)(A). (EK)

REPORTED MEMORANDUM OPINION AND ORDER granting Motion for Remand filed by USA. Joint Status Report due by 7/14/2017. Notice of Compliance due by 12/15/2017. Signed by Judge Lydia Kay Griggsby.

Keywords: Remand, Rule 52.2, re: Order on Motion for Remand, Reported Memorandum Opinion and Order.

REPORTED OPINION approving settlement agreement. The clerk is directed to enter judgment. Signed by Judge Margaret M. Sweeney. (Attachments: #(1) Attachment)

Keywords re: Reported Opinion -- Rails-to-Trails; Class Action; RCFC 23(e); Final Approval of Settlement Agreement.

REPORTED ORDER granting Motion to Strike and denying [35] Cross-Motion Seeking Leave to Amend Invalidity Contentions. Signed by Senior Judge Eric G. Bruggink. (jpk1) Copy to parties.

Keywords: re: Order on Motion to Strike, Reported Order: Patent infringement; Invaliditydisclosures; Indefiniteness;Timeliness; Scheduling order.

REPORTED ORDER denying Motion to Dismiss. Signed by Chief Judge Susan G. Braden.

Keywords: re: Mootness; RCFC 12(b)(1) (Lack of Subject Matter Jurisdiction); RCFC 41(a)(2)(A)(ii)(Voluntary Dismissal By The Plaintiff).

REPORTED ORDER granting Motion for Leave to File ; granting [118] Motion for Leave to File. Signed by Chief Judge Susan G. Braden.

Keywords: re: Evidence; Trial Record.

REPORTED OPINION denying Plaintiffs' Motion for Summary Judgment; granting [28] Defendant's Cross-Motion. The Clerk is directed to enter judgment. No costs. Signed by Senior Judge Eric G. Bruggink. (WT) Copy to parties. Modified on 6/16/2017 - typographical correction to PDF (jt1).

Keywords: re: Reported Opinion: Income tax refund; Assessment period; Correcting assessment to reflect intent of the parties. (WT)