USCFC General Jurisdiction-Reported

REPORTED OPINION denying Motion for Partial Summary Judgment; granting [61] Cross Motion. 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 AND ORDER issued in lead case, Martin, Case No. 13-834.. Signed by Chief Judge Patricia E. Campbell-Smith.

**REISSUED** REPORTED OPINION AND ORDER granting [153] Motion for Partial Summary Judgment, denying [154] Motion for Summary Judgment. Reissued only for the purpose of correcting the caption to include Case No. 16-1297 consistent with the order consolidating the cases. See Case No. 16-1297, ECF No. 9. Signed by Chief Judge Patricia E. Campbell-Smith.

Keywords: re: **REISSUED** Reported Opinion and Order. Cross-Motions for Summary Judgment; RCFC 56(a); Fair Labor Standards Act, 29 U.S.C. §§ 201-219 (2012); Award of Liquidated Damages for Violation of the Fair Labor Standards Act (TQ)

MEMORANDUM OPINION AND ORDER. The Court GRANTS-IN-PART Motion to Strike and DISMISSES the complaints WITH PREJUDICE. The Clerk is directed to enter judgment. Signed by Judge Lydia Kay Griggsby. (lh) Copy to parties. (Main Document 336 replaced on 2/22/2017 to add the consolidated case number.) (dls). (Main Document 336 replaced on 2/27/2017 to correct clerical error as identified in [339] order filed on February 27, 2017.)

Keywords: re: Reported Opinion: Tax Refund Claim; Cost Basis; Fair Market Valuation; Abandonment Loss Deduction; Amortization Deduction; Trial.

REPORTED ORDER granting Motion to Partially Dismiss - Rule 12(b)(1) and (6). Signed by Judge Victor J. Wolski.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1) and (6), Reported Order FLSA collective action, 29 U.S.C. § 216(b); Federal Air Marshals; Transportation Security Admin.; 49 U.S.C. § 40122(g)(2); Back Pay Act, 5 U.S.C. § 5596; RCFC 12(b)(1), 12(b)(6); overtime pay; prejudgment interest not available.

PUBLIC DECISION (Originally filed: 2/2/2017). Signed by Judge Lydia Kay Griggsby.

Keywords: re: Reported Order: Post-Award Bid Protest; Judgment upon the Administrative Record, RCFC 52.1; Price Realism Analysis; Ex Parte Communication.

REPORTED OPINION denying Plaintiff's motion for judgment on the administrative record, granting Defendant's motion for judgment on the administrative record, and granting Defendant-Intervenor's motion for judgment on the administrative record. Signed by Judge Elaine D. Kaplan.

Keywords: re: Bid Protest; 28 U.S.C. § 1491(b); Standing; Interested Party; Price Analysis; Price Reasonableness; Contract Line Items; Unbalanced Pricing.

REPORTED OPINION granting Motion to Amend Pleadings - Rule 15(b). Signed by Judge Susan G. Braden.

Keywords: re: Assignment of Claims Act, 31 U.S.C. § 3727 (a)(1)(2),(b); Rule of the United States Court of Federal Claims (RCFC) 15(a)(2) (Amendments Before Trial).

REPORTED OPINION. Remand Report due by 3/8/2017. Signed by Judge Thomas C. Wheeler.

Keywords: re: Post-award Bid Protest; Price Realism Analysis; Disparate Treatment Claim; Past Performance Evaluation; Meaningful Discussions; Protestor's Burden to Show Prejudice; Remand. (ad).

REPORTED OPINION granting Motion to Dismiss. Boston Edison's complaint in No. 16-589C is DISMISSED because its claim is not yet ripe. The complaint is dismissed without prejudice and with leave to refile when costs to mitigate DOE's breach of the Standard Contract are incurred on decommissioning activities at Pilgrim. The Clerk is directed to enter judgment in accord with this disposition. No costs. Signed by Judge Charles F. Lettow.

Keywords: re: Claims by buyer and seller of nuclear power plant for damages attributable to breach of a contract to dispose of spent nuclear fuel; unripe nature of seller's claim; dismissal of seller's claim without prejudice, subject to renewal when claim ripens. (MZ)

REPORTED OPINION (originally filed under seal on 2/1/2017): granting Defendant's Motion for Summary Judgment and denying [154] Plaintiffs' Cross-Motion for Summary Judgment. Signed by Senior Judge Nancy B. Firestone.

Keywords: re: Reported Opinion; Back Pay Act; 5 U.S.C. § 5596; Class Action; FBI Police; 28 U.S.C. § 540C; Cross-Motions for Summary Judgment; RCFC 56.

REPORTED OPINION granting Motion to Compel. Signed by Judge Susan G. Braden.

Keywords: re: Rule Of The United States Court Of Federal Claims (RCFC) 30(b)(4) (Notice Of Deposition By Remote Means).

REPORTED OPINION AND ORDER granting Motion for Partial Summary Judgment, denying [154] Motion for Summary Judgment. On or before March 17, 2017, plaintiffs shall submit a draft of their damages calculations to defendant. On or before March 31, 2017, the parties shall confer and discuss any disagreements as to the calculations. And, on or before April 7, 2017, the parties shall jointly file a statement with the court reporting the results of both the conference and the calculations.Signed by Chief Judge Patricia E. Campbell-Smith. (mp) Copy to parties. Modified on 2/14/2017 - corrected pdf (jt1).

Keywords: re: Order on Motion for Partial Summary Judgment, Motion for Summary Judgment. Cross-Motions for Summary Judgment; RCFC 56(a); Fair Labor Standards Act, 29 U.S.C. §§ 201-219 (2012); Award of Liquidated Damages for Violation of the Fair Labor Standards Act

REPORTED OPINION granting in part and denying in part 8 Motion to Dismiss - Rule 12(b)(6); granting 3 Motion for Leave to Proceed in forma pauperis. The Clerk is directed to dismiss the complaint and enter judgment accordingly. Signed by Senior Judge Eric G. Bruggink. [REDOCKETED FOR ADMINISTRATIVE PURPOSES ONLY]

Keywords: re: Military Pay Act, 37 U.S.C. § 204; Absent Without Leave ("AWOL"); 3 7 U.S.C. § 503; Absence Excused as Unavoidable; DOD FinancialManagement Regulation; Pretrial Confinement; Subsequent Conviction; Due Process; Jurisdiction. (ar)Keywords: re: [26] Military Pay Act, 37 U.S.C. § 204; Absent Without Leave ("AWOL"); 3 7 U.S.C. § 503; Absence Excused as Unavoidable; DOD Financial Management Regulation; Pretrial Confinement; Subsequent Conviction; Due Process; Jurisdiction.

REPORTED OPINION denying Motion to Dismiss - Rule 12(b)(1) and (6); granting [9] Cross Motion for Partial Summary Judgment (Status Report due by 3/1/2017). Signed by Judge Thomas C. Wheeler.

Keywords: re: Patient Protection and Affordable Care Act § 1342; Risk Corridors; Presently-Due Money Damages; Ripeness; Chevron Deference; Appropriation Restriction Limiting Statutory Obligation; Judgment Fund; Implied-in-Fact Contract Created by Statute.

REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(6). The Clerk is directed to enter judgment. Signed by Judge Susan G. Braden. (dw) Copy to parties. Plaintiff's copy forwarded via USPS Certified Mail. Tracking number: 7014 1200 0000 9093 6569. Modified on 3/20/2017 - minor typographical correction to pdf(jt1).

Keywords: re: Overseas Differentials and Allowances Act, 5 U.S.C. § § 5922, 5923(a); Department of State Standardized Regulations ("DSSR") § § 132.4, 132.11, 136; Department of Defense Instruction ("DoDI") 1400.25, Vol. 1250; Army in Europe Regulation ("AE Reg.") 690-500.592; Rules of the United States Court of Federal Claims ("RCFC") 12(b)(6) (Failure To State Claim), 41(b) (Failure To Prosecute Claim).

REPORTED MEMORANDUM OPINION and FINAL ORDER (Reissuance of January 31, 2017 Memorandum Opinion and Final Order for publication). Signed by Judge Susan G. Braden. (rgh) Copy to parties. Modified on 5/31/2017 to indicate that this is a re-issued decision.

Keywords: re: Reported Opinion 28 U.S.C. § 1491(b) (Bid Protest Jurisdiction);48 C.F.R. 15.305 (Proposal Evaluation);48 C.F.R. 15.306 (Determination Of Competitive Range);48 C.F.R. 15.404-1(Proposal Analysis Techniques);48 C.F.R. 33.103(d) (Procedures Governing Agency Protest);48 C.F.R. 52.222-46 (Evaluation Of Compensation For Professional Employees);Rule of the United States Court of Federal Claims (RCFC) 12(b)(1) (Motion To Dismiss For Lack Of Subject-Matter Jurisdiction).

REPORTED OPINION AND ORDER, reflecting no redactions from the opinion and order previously entered under seal on January 27, 2017. Signed by Judge Charles F. Lettow.

Keywords: re: Post-trial decision in a patent case; 28 U.S.C. § 1498; infringement; patent-eligible subject matter; nonobviousness; enablement; reasonable and entire compensation. (MZ)

REPORTED OPINION denying Motion for Directed Verdict; granting [12] Cross Motion for Summary Judgment. The Clerk is directed to enter judgment. Signed by Judge Charles F. Lettow. (vds) Copy to parties. Modified on 2/6/2017 U.S. Postal Service Certified Mail Tracking: 7014 1200 0000 9093 6545

Keywords: Tax refund suit; preparer penalty; l.R.C. §6694(b)

REPORTED OPINION. Signed by Judge Susan G. Braden.

Keywords: re: Rules of the United States Court of Federal Claims (RCFC) 41 (Dismissal of Actions), 83.1 (Withdrawing Counsel).