USCFC General Jurisdiction-Reported

REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1) and (6) The Clerk is directed to enter judgment. Signed by Judge Mary Ellen Coster Williams. (ac7) Copy to parties.

Keywords: Tax Refund Suit; Valid Tax Return; Valid Refund Claim; 28 U.S.C. §1346; 26 U.S.C. § 7422; 26 U.S.C. § 651l(b)(2)(A); "Look Back" Provision.

REPORTED MEMORANDUM OPINION granting in part and denying in part Motion to Dismiss; and denying plaintiff's [10] Motion to Amend and for Third Party Representative.. Signed by Chief Judge Susan G. Braden. (dls) Copy to parties. (Plaintiff served via certified mail; Article No. 7014 1200 0000 9093 6811)

Keywords: re: 28 U.S.C. § 1491 (Tucker Act Jurisdiction); 28 U.S.C. § 1495 (Damages for Unjust Conviction); 28 U.S.C. § 2513 (Claims Against the United States for Unjust Conviction); Breach of Settlement Agreement; Fifth Amendment to the United States Constitution; Rules of the United States Court of Federal Claims ("RCFC") 12(b)(1) (Subject Matter Jurisdiction); RCFC 12(b)(6) (Failure to State a Claim Upon Which Relief Can Be Granted); RCFC 15(a) (Amending Pleadings Before Trial).

REPORTED OPINION Order of Dismissal granting Motion to Dismiss - Rule 12(b)(1) and (6) The Clerk is directed to enter judgment. Signed by Chief Judge Susan G. Braden. (pt) Copy to parties. Modified on 3/21/2017 - corrected minor typographical error (jt1).

Keywords: re: 5 U.S.C. § 5305 (Special Rates Of Pay); 5 U.S.C. § 5596 (Back Pay Act); 5 U.S.C § 5754 (Federal Workforce Flexibility Act of 2004, Retention Bonuses); 28 U.S.C. § 1491 (Tucker Act Jurisdiction); 5 C.F.R §§ 530.301-309 (Special Rates of Pay) 5 C.F.R. §§ 575.301-314 (Retention Incentives);Rules of the United States Court of Federal Claims (RCFC) 12(b)(1), 12(b)(6).

REPORTED OPINION, reflecting no redactions from the opinion and order previously entered under seal on March 14, 2017. Signed by Judge Charles F. Lettow.

Keywords: re: Reported Opinion: Post-award bid protest; challenge to agency's technical rating of protester's proposal. (EK)

REPORTED ORDER. Granting in part motion for clarification. Signed by Judge Mary Ellen Coster Williams.

Keywords: re: Order granting motion for clarification. RCFC 26(c)(1); Protective Order; Redactions; Public Access to Court Documents.

REPORTED ORDER denying Motion for Partial Summary Judgment; denying [101] Motion for Partial Summary Judgment. Status Report due by 4/7/2017. Signed by Senior Judge Nancy B. Firestone.

Keywords: re: Order on Motion for Partial Summary Judgment,, Reported Order: Fifth Amendment Taking Claims; partial summary judgment; United States v. Sponenbarger, 308 U.S. 256 (1939); Danforth v. United States, 308 U.S. 271(1939); the relative benefits test in flooding cases; governments burden of proof.

REPORTED OPINION. Signed by Chief Judge Susan G. Braden. (pt) Copy to parties. Modified on 3/20/2017 - minor typographical correction to pdf(jt1).

Keywords: re: Reported Opinion Duty of Candor; ABA Model Rule of Professional Conduct 3.3 (Candor Toward The Tribunal); Rules of the United States Court of Federal Claims (RCFC) 11(b), (c) (Sanctions).

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

Keywords: re: Reissued Opinion--Cross-Motions for Summary Judgment; Gender-based Pay Bias; Yearly Salary-Range Tables; Retention Incentive Pay.

REPORTED OPINION. Signed by Judge Thomas C. Wheeler.

Keywords: re: Rule 12(b)(6) Motion to Dismiss; Post-Award Bid Protest; Organizational Conflicts of Interest; Timeliness; Blue & Gold Fleet.

REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(6) The Clerk is directed to enter judgment. Signed by Chief Judge Patricia E. Campbell-Smith.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(6), Reported Opinion; Takings; Motion to Dismiss, RCFC 12(b)(6). (TQ)

REPORTED OPINION granting Motion for Extension of Time to Answer. Signed by Judge Susan G. Braden.

Keywords: re: Rules of The United States Court Of Federal Claims (RCFC) 6 (Extending Time), 8 (General Rules Of Pleading), 12 (Defenses And Objections), 15 (Amended and Supplemental Pleadings), 55 (Default Judgment).

REPORTED OPINION: The following amounts shall be awarded to plaintiffs in the trial subclass: $146,347.73 (Gould), $87,052.83 (Bradley), $55,970.74 (Mosher), $174,381.29 (Heene), and $223,187.53 (Richards). Interest shall be payable on these amounts at the rate of 3.39 percent per annum, compounded quarterly from the date of the taking, August 2, 2012, until the date the judgment is paid. The clerk is directed to enter judgment pursuant to RCFC 54(b) in the aforestated amounts. Plaintiffs may apply for an award of attorneys' fees and expenses under Section 304(c) of the Uniform Relocation Assistance Act, 42 U.S.C. § 4654(c), within 30 days after any appellate process has been concluded, or, alternatively, after the time for taking an appeal has expired. Signed by Judge Charles F. Lettow.

Keywords: re: Reported Opinion: Post-trial determination of the just compensation due in a rails-to-trails case; value of the agricultural land taken for trail use; cost to reclaim; severance damages attributable to "point rows;" no preemption of Iowa statute guaranteeing access to fields otherwise landlocked by the trail. (EK)

REPORTED ORDER denying Motion To Request GAO Advisory Opinion. Signed by Judge Susan G. Braden.

Keywords: re: 4 C.F.R. 21.9 (Government Accountability Office Advisory Opinion).

REPORTED ORDER denying Motion for Summary Judgment; denying [19] Motion for Summary Judgment; granting [22] Cross Motion. Signed by Senior Judge Nancy B. Firestone.

Keywords: re: Reported Order; Tax Refund Suit; Summary Judgment; RCFC 56; U.S.-Ireland Tax Treaty.

REPORTED ORDER Status Report due by 3/10/2017. Signed by Judge Susan G. Braden.

Keywords: re: 5 U.S.C. § 5754 (Federal Workforce Flexibility Act of 2004 Retention Bonuses); 28 U.S.C. 1491 (Tucker Act Jurisdiction).

REPORTED OPINION (Public Version [34]). Signed by Judge Mary Ellen Coster Williams. (tb1) Copy to parties.

Keywords: re: Reported Opinion. Fifth Amendment Taking; Breach of Contract; Third-Party Beneficiary; 28 U.S.C. § 1502; Discovery.

REPORTED OPINION finding as moot Motion for Partial Summary Judgment The Clerk is directed to enter judgment. Signed by Judge Susan G. Braden.

Keywords: re: Damages for Partial Breach of Contract; Federal Rule of Evidence 702 (Experts); Nuclear Waste Policy Act, 42 U.S.C. §§ 10101-10270; Waste Classification, 10 C.F.R. 61.55; Licensing Requirements for Independent Storage of Spent Nuclear Fuel, 10 C.F.R. 72; Standard Contract for Disposal of Spent Nuclear Fuel, 10 C.F.R. 961.11.

REPORTED OPINION AND ORDER denying Motion for Summary Judgment; denying [84] Cross Motion; on [80] Second MOTION for Summary Judgment as to Liability filed by KATHLEEN G. ROSE, TRINCO INVESTMENT COMPANY, [84] CROSS MOTION and RESPONSE to [80] Motion for Summary Judgment filed by KATHLEEN G. ROSE, TRINCO INVESTMENT COMPANY filed by USA ( Status Report due by 3/21/2017). Signed by Senior Judge Lynn J. Bush. (jb2) Copy to parties.

Keywords: re: Order on Motion for Summary Judgment, Order on Cross Motion [Dispositive], Reported Opinion and Order,,, Takings; Necessity Defense for Fire-Fighting Actions On or Near National Forest; Reliability of Expert Opinion; Genuine Disputes of Material Fact Preclude Summary Judgment.

REPORTED OPINION denying Motion for Summary Judgment; granting [66] Motion for Partial Summary Judgment. Signed by Judge Marian Blank Horn.

Keywords: re: Cross-Motions for Partial Summary Judgment; Takings Claim; Trails Act, 16 U.S.C. § 1241 et seq. (2012); S.C. Code § 57-3-220(A).

REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(6); finding as moot [8] Cross Motion The Clerk is directed to enter judgment. Signed by Judge Susan G. Braden. (pt) Copy to parties.REPORTED OPINION granting [6] Motion to Dismiss - Rule 12(b)(6); finding as moot [8] Cross Motion The Clerk is directed to enter judgment. Signed by Judge Susan G. Braden.

Keywords: re: General Schedule Classification And Pay System, 5 U.S.C. §§ 5101, 5104, 5332, 533536; Tucker Act Jurisdiction, 28 U.S.C. § 1491; Two-Step Promotion Rule, 5 U.S.C. § 5334(b); Rules Of The United States Court Of Federal Claims (RCFC) 12(b)(1) (Lack Of Jurisdiction), 12(b)(6) (Failure To State Claim); FBI Policy Directive 0624D § 9.5.3.