USCFC General Jurisdiction-Reported

PUBLIC DECISION (Originally filed: 01/11/2017). Signed by Judge Lydia Kay Griggsby.

Keywords: re: Reported Opinion: Post-Award Bid Protest; Judgment upon the Administrative Record, RCFC 52.1; Supplementing the Administrative Record; Standing; FAR 52.212-1; Non-Manufacturer Rule; NAICS Code Size Standard.

REPORTED OPINION on MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by MUNILLA CONSTRUCTION MANAGEMENT, LLC. Signed by Judge Elaine D. Kaplan.

Keywords: re: Temporary Restraining Order; Likelihood of Success; Irreparable Harm; Bid Protest; 28 U.S.C. § 1491(b).

REPORTED OPINION granting in part and denying in part Motion to Dismiss - Rule 12(b)(1). Defendant shall file an answer in accordance with the court's rules. Signed by Judge Margaret M. Sweeney. (kb1)

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1), Reported Opinion -- Section 1342 of the Patient Protection and Affordable Care Act, 42 U.S.C. § 18062; 45 C.F.R. pt. 153; Risk Corridors Program; RCFC 12(b)(1) Motion to Dismiss; Subject Matter Jurisdiction; Money-Mandating Statute and Regulation; Presently Due Money Damages; Ripeness; Agency Interpretation of Its Own Regulations; Requirement of Annual Risk Corridors Payments

REPORTED OPINION. Signed by Judge Marian Blank Horn.

Keywords: re: Reported Opinion: Equal Access to Justice Act, 28 U.S.C. § 2412; Attorneys Fees and Reasonable Expenses.

REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1) and (6). The Clerk is directed to enter judgment. Signed by Judge Marian Blank Horn. (ar) Copy to parties. [Tracking No. 7014 1200 0000 9093 5524]

Keywords: re: 28 U.S.C. § 1495; 28 U.S.C. § 2513; Motion to Dismiss; ProSe.

REPORTED OPINION. Signed by Judge Susan G. Braden.

Keywords: re: Comprehensive Environmental Response,Compensation, and Liability Act, 42 U.S.C. § 9601 et seq.;Damages Caused By Breach Of Contract;Federal Rules of Evidence (FRE) 702 (Experts); Remand.

REPORTED OPINION/ORDER issued under seal on 12/14/2016. No redactions were proposed by the parties. Thus, the sealed and public versions of this opinion are identical, except for the publication date and footnote 1. Signed by Senior Judge Lynn J. Bush.

Keywords: re: Reported Order, Implied-in-Fact Contract Claim; SecondRCFC 56(d) Request; Mere Speculation as to the Existence of AdditionalUndiscovered Relevant Facts; No Genuine Issues of Material Fact. (TQ)

PUBLIC OPINION and ORDER on MOTION for Judgment on the Administrative Record. Signed by Judge Elaine D. Kaplan.

Keywords: re: Reported Opinion; Bid Protest; Solicitation Requirements; Redaction; Negotiated Procurement; Non-Conforming Proposal; Minor Informality or Irregularity.

REDACTED MEMORANDUM OPINION and ORDER denying Motion for Judgment upon the Administrative Record; denying, as moot, [50] Motion to Dismiss - Rule 12(b)(1); granting [50] Motion for Judgment upon the Administrative Record; granting [51] Motion for Judgment upon the Administrative Record; granting [76] Motion for Leave to File Sur-Reply; denying [19] Motion to Supplement the Administrative Record; denying [20] Motion for Judgment on the Administrative Record; granting [31] Motion to Seal Document. Signed by Judge Lydia Kay Griggsby.

Keywords: Pre-Award Bid Protest; Judgment upon the Administrative Record, RCFC 52.1; Organizational Conflict of Interest; Supplementing the Administrative Record, re: Redacted Memorandum Opinion and Order.

REPORTED OPINION The Clerk is directed to enter judgment. Signed by Judge Susan G. Braden. (rgh) Copy to parties. Modified on 1/12/2017 - corrected pdf (jt1).

Keywords: re:41 U.S.C. §§ 601-613 (2006); 41 U.S.C. §§ 7101-7109 (2011) (Contract Disputes Act); 48 C.F.R. 31.105, 31.202, 31.203, 52.242-14, 52.243-4; Breach of Contract; Equitable Adjustment; Federal Rule of Evidence 702, 703 (Experts); Federal Rule of Evidence 802 (Hearsay); Show Cause Order.

REPORTED OPINION granting Motion for Summary Judgment; denying [31] Motion for Partial Summary Judgment. The Clerk is directed to enter judgment. Signed by Judge Mary Ellen Coster Williams. (TF3) Copy to parties.

Keywords: re: Fifth Amendment Taking; Nonfinal Judgment; Property Interest; Settlement and Espousal of Claims Against Libya; Per se Taking; Regulatory Taking; Penn Central factors. (TF3)

REPORTED OPINION. Signed by Judge Mary Ellen Coster Williams. (TF3) Copy to parties.

Keywords: re: Fifth Amendment Taking; Breach of Contract; Third-Party Beneficiary; 28 U.S.C. § 1502; Discovery. (TF3)

REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1) The Clerk is directed to enter judgment. Signed by Senior Judge Nancy B. Firestone.

Keywords: re: Subject matter jurisdiction; Flood Control Act of 1970; divestment of Tucker Act jurisdiction

REPORTED OPINION The Clerk is directed to enter judgment for defendant. Signed by Senior Judge Eric G. Bruggink.

Keywords: re: Reported Opinion: Section 515; Breach of Contract; Taking; Statute of limitations; Claim Accrual. (WT)

REPORTED OPINION denying Motion in Limine; granting [411] Cross Motion. Signed by Judge Marian Blank Horn.

Keywords: re: Order on Motion in Limine, Order on Cross Motion, Reported Opinion: Water Rights; Physical vs. Regulatory Takings; Endangered Species Act; Motions in Limine.

REPORTED OPINION denying Motion to Dismiss - Rule 12(b)(1) and (6). Signed by Judge Elaine D. Kaplan.

Keywords: re: Subject Matter Jurisdiction; Contract Disputes Act; Differing Site Conditions; Misrepresentation; Covenant of Good Faith and Fair Dealing; Breach of Contract.

REPORTED OPINION. Signed by Judge Marian Blank Horn.

Keywords: re: Reported Opinion: Motion to Dismiss; Subject Matter Jurisdiction; Failure to State a Claim; Breach of Contract; Copyright Infringement; Uniform Trade Secrets Act; 28 U.S.C. § 1498(b); 17 U.S.C. § 501.

REPORTED OPINION denying Application for Attorney Fees. Signed by Judge Mary Ellen Coster Williams. (TF3) Copy to parties.

Keywords: re: Equal Access to Justice Act; 28 U.S.C. § 2412; Substantial Justification; Special Circumstances That Would Make EAJA Fee Award Unjust; Issue of First Impression; Breach of Real Estate Brokerage Agreement. (TF3)

REPORTED Order denying, as moot, Motion for Leave to Proceed in forma pauperis; and granting [12] Motion to Dismiss. The Clerk is directed to enter judgment. Signed by Senior Judge Nancy B. Firestone. (dls) Copy to parties. (Plaintiff served via certified mail; Article No. 7014 1200 0000 9093 5425)

Keywords: re: Pro se; RCFC 12(b)(1); RCFC 12(b)(6); Lack of Subject Matter Jurisdiction; Res Judicata; Takings.

REPORTED OPINION. Signed by Judge Marian Blank Horn.

Keywords: re: Reported Opinion: Trial; Tax; 26 U.S.C. § 6672; Responsible Person; Willfulness.