USCFC General Jurisdiction-Reported

REPORTED ORDER granting Motion to Stay. The clerk's office is directed to stay this matter until further order of the court. The parties are directed to file a joint status report within 14 days of the Federal Circuit's issuance of an opinion in Land of Lincoln Mutual Health Ins. Co. v. U.S. (17-1224) and Moda Health Plan, Inc. v. U.S. (17-1994). Signed by Judge Patricia E. Campbell-Smith.

Keywords: re: Order on Motion to Stay, Reported Order. Stay Proceedings; Pending Resolution of Related Appeal. (TQ)

REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1); finding as moot [11] Motion for TRO; finding as moot [11] Motion for Preliminary Injunction; finding as moot [12] Motion ; finding as moot [17] Motion to Appoint Counsel. The case is dismissed and the Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler.

Keywords: Rental Housing Program for Homeless Veterans; Failure to Allege Contract with the United States or Existence of Money-Mandating Statute; Lack of Subject Matter Jurisdiction; Failure to State a Claim.

REPORTED OPINION--Filed this date. The Clerk is directed to enter judgment. Signed by Senior Judge Robert H. Hodges, Jr.

Keywords: re: Opinion: Native American; Crow Creek Sioux Tribe; Motion to Dismiss; Lack of Jurisdiction; Winters v. United States; Breach of Fiduciary Duty; Fifth Amendment Taking.

REPORTED ORDER denying Motion for TRO; denying [5] Motion for Preliminary Injunction. Proposed schedule due by 6/5/2017. Signed by Senior Judge Nancy B. Firestone. (ay) Copy to parties. Modified on 6/23/2017 - minor typographical change to PDF (jt1).

Keywords: re: Reported Order; Post-Award Bid Protest; Temporary Restraining Order; Preliminary Injunction; Technical Evaluation; Price Evaluation; Likelihood of Success on the Merits; Irreparable Harm; Balance of Hardships; Public Interest.

REPORTED OPINION - Redacted Opinion and Order denying Motion for Judgment on the Administrative Record; denying [25] Motion to Supplement the Administrative Record; granting [27] Cross Motion. Signed by Judge Elaine D. Kaplan.

Keywords: re: Bid Protest; Tucker Act; 28 U.S.C. § 1491(b); General Services Administration; Request for Lease Proposal; Restrictive Pricing; Prospectus; 40 U.S.C. § 3307; Prudential Standing; Zone of Interests.

REPORTED OPINION and ORDER granting Motion to Remand; denying, as moot, [35] Motion for Judgment on the Administrative Record; staying the case pending the results of the remand; and directing defendant to file a status report every 90 days during the pendency of the remand, regarding the progress of proceedings before the Board. Signed by Judge Charles F. Lettow. (dls) Copy to parties. (Plaintiff served via certified mail; Article No. 7016 3010 0000 4308 2818)

Keywords: re: Claim for military disability benefits; review of a decision by the Board for Correction of Naval Records; potential applicability of statutory requirement for an opinion by a clinical psychologist or psychiatrist; 10 U.S.C. § 1552(g); grant of voluntary remand.

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: Undefinitized Contractual Action; Tucker Act; Contract Disputes Act; Claim; Contracting Officer; Sum Certain; Certification; Subject Matter Jurisdiction.

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

Keywords: re: Preliminary Injunction, RCFC 65(d).

REPORTED ORDER denying Motion to Dismiss - Rule 12(b)(1). This case is stayed until August 31, 2017, to provided Plaintiffs an opportunity to present their claim for a breach of the duty of good faith and fair dealing to a United States Army Corps of Engineers Contracting Officer for a final decision.. Signed by Chief Judge Susan G. Braden.

Keywords: re: Contract Disputes Act(CDA), 41 U.S.C. §§ 7101 - 7109; Federal Acquisition Regulation (FAR), 48 C.F.R. §§ 52.223-1, 52.243-5; Rules Of the United States Court of Federal Claims (RCFC) 12(b)(1), 15(a)(2); Tucker Act Jurisdiction, 28 U.S.C. § 1491.

REPORTED OPINION granting Motion for Attorney Fees The Clerk is directed to enter judgment. Signed by Chief Judge Susan G. Braden.

Keywords: re: Competition In Contracting Act (CICA), 31 U.S.C. § 3553 (d)(3)(A) (Automatic Stay), (d)(3)(C) (Stay Override), (d)(4)(A) (Filing Period For Automatic Stay); Equal Access To Justice Act (EAJA), 28 U.S.C. § 2412.

REPORTED OPINION denying Plaintiff's Motion for Summary Judgment; granting [38] Defendant's Cross-Motion for Summary Judgment. The Clerk is directed to enter judgment in accord with this disposition. No costs. Signed by Judge Charles F. Lettow.

Keywords: re: Corporate tax case; interest netting claim; I.R.C. § 6621(d); jurisdiction over a claim for interest on an overpayment under I.R.C. § 6611; "same taxpayer" within the meaning of I.R.C. § 6621(d). (MZ)

REPORTED OPINION. Signed by Senior Judge Nancy B. Firestone. (dpk) Copy to parties. Modified on 6/8/2017 - correction to pdf(jt1).

Keywords: re: Bid Protest; Veterans Benefit Act of 2006, 38 U.S.C. § 8127(a); Javits-Wagner-ODay Act, 41 U.S.C. § 8501-06; Contracting Priority; Kingdomware Technologies, Inc. v. United States, 136 S. Ct. 1969 (2016); AbilityOne Program. (dpk)Keywords: re: Bid Protest; Veterans Benefit Act of 2006, 38 U.S.C. § 8127(a); Javits-Wagner-O'Day Act, 41 U.S.C. § 8501-06; Contracting Priority; Kingdomware Technologies, Inc. v. United States, 136 S. Ct. 1969 (2016); AbilityOne Program

REPORTED ORDER regarding the attorney's fees plaintiffs incurred filing and litigating their motion to compel. Signed by Judge Margaret M. Sweeney.

Keywords: re: Reported Order: Award of Attorney's Fees; RCFC 37(a)(5)(C); Substantial Justification.

REPORTED OPINION. Signed by Judge Marian Blank Horn.

Contract; Breach; Good Faith and Fair Dealing; Bad Faith; Recovery Audit; NASA; Trial. Keywords: re: Reported Opinion

REPORTED OPINION. Signed by Judge Mary Ellen Coster Williams.

Keywords: re: Pre-award Bid Protest; 28 U.S.C. § 1491(b); Standing; Corrective Action; Amended Request for Quotations; Key Personnel Qualifications; Price Realism; Favoritism; Bad Faith.

REPORTED OPINION granting Motion for Summary Judgment, denying [27] Cross-Motion for Summary Judgment, and granting [31] Motion to Certify Class. Joint Status Report due 6/23/2017. Signed by Judge Margaret M. Sweeney.

Keywords re: Order on Cross-Motions for Summary Judgment and Motion to Certify Class, Reported Opinion -- Mining Law of 1872; 30 U.S.C. § 28f; Claim Maintenance Fees; Federal Land Policy and Management Act; Summary Judgment; RCFC 56; Illegal Exaction; Voluntary Payment Doctrine; Anti-Windfall Doctrine; Class Action Certification; RCFC 23; Definition of Class; Conflict of Interest.

REPORTED OPINION - Continuation of Preliminary Injunction (Docketed for Administrative Purposes) Signed by Chief Judge Susan G. Braden. (jt1) Copy to parties.

REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1) and (6) The Clerk is directed to enter judgment dismissing plaintiffs' complaint without prejudice. Signed by Judge Patricia E. Campbell-Smith.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1) and (6), Reported Opinion. Fifth Amendment Takings Claim; Motion to Dismiss Under RCFC 12(b)(1); Subject Matter Jurisdiction. (TQ)

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 Regulation, 4 C.F.R. § 21.2; Contract Planning, Solicitation, Evaluation, And Award Procedures, 10 U.S.C. § 2305; Federal Acquisition Regulation (FAR), 48 C.F.R. §§ 9.103, 9.104-1, 9.104-3, 15.305, 52.236-7; Rules of the United States Court of Federal Claims (RCFC) 52.1; Task And Delivery Order Contracts General Authority, 41 U.S.C. § 4103.

REPORTED OPINION (Status Report due by 6/12/2017) granting in part and denying in part Motion to Dismiss and for Summary Judgment. Signed by Judge Margaret M. Sweeney.

Keywords: re: Order on Motion to Dismiss, Reported Opinion: RCFC 12; Motion to Dismiss; RCFC 56; Motion for Summary Judgment; Breach of Contract; Statute of Limitations; Accrual Suspension; Fifth Amendment Takings Claim.