USCFC General Jurisdiction-Reported

REPORTED OPINION (Status Report due by 12/16/2016) granting in part and denying in part Motion for Reconsideration. Signed by Judge Margaret M. Sweeney.

Keywords: re: Order on Motion for Reconsideration, Reported Opinion: RCFC 59(a)(1); Motion for Reconsideration; Deed; Interpretation of Deeds Under Georgia Law; Easement; Scope of Easement; Fee Simple; Adverse Possession; Claim of Right; Color of Title.

REPORTED ORDER reissuing SEALED OPINION and ORDER. Signed by Senior Judge Loren A. Smith.

REPORTED OPINION granting Motion for Judgment on the Pleadings; denying [22] Motion for Summary Judgment. The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler.

Keywords: re: Tax Incentives for Alcohol Fuel Blends; Alcohol Fuel Mixture Credit; 26 U.S.C. §§ 6426, 6427; 26 U.S.C. § 87; Excise Tax; Cost of Goods Sold; Highway Trust Fund.

REPORTED ORDER granting in part and denying in part Motion to Dismiss - Rule 12(b)(6). Signed by Judge Margaret M. Sweeney.

Keywords re Order on Motion to Dismiss - Rule 12(b)(6), Reported Order: RCFC 12(b)(6); RCFC 10(c); Breach of Contract; Duty; Damages; Firm-Fixed-Price Task Order; Contract Interpretation.

REPORTED OPINION. The Clerk is directed to enter judgment. Signed by Judge Mary Ellen Coster Williams. (TF3) Copy to parties.

Keywords: re: Spent Nuclear Fuel; Partial Breach of Contract; Damages; Causation; Fuel Characterization Costs; High-Burn-Up Fuel. (TF3)

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

Keywords: re: Post-award Bid Protest; 28 U.S.C. § 1491(b)(1); Motion for Judgment on the Administrative Record; Lowest Priced Technically Acceptable Procurement; Subcontracting; Key Management Personnel; Responsiveness; Subcontractor Responsibility; 48 C.F.R. § 9.104-4. (TF3)

REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1); granting [11] Motion for Judgment on the Administrative Record. The Clerk is directed to enter judgment.[USPS tracking: 7012 3460 0001 7791 8026] Signed by Judge Thomas C. Wheeler.

Keywords: re: Rule 12(b)(1) Motion to Dismiss; Motion for Judgment on the Administrative Record; Review of Military Board Decisions; Review of Court-Martial Conviction; Defendant. Defamation Claim.

REPORTED OPINION granting Motion to Dismiss; granting [19] Motion to Dismiss; and denying [23] and [26] Motions to retain the Estate of Mark Joseph Sacchetti in Litigation of Case. The Clerk is directed to enter judgment. Signed by Judge Marian Blank Horn. (dls) Copy to parties. (Plaintiffs and Third-Party Defendant served via certified mail; Article Nos. 7014 1200 0000 9093 9812; 7014 1200 0000 9093 9805; 7014 1200 0000 9093 9799) (Main Document 29 replaced on 11/17/2016 to correct clerical error.)

Keywords: re: Pro Se; Statute of Limitations; Patent Infringement; Copyright; Substitution of Party After Death.

REPORTED OPINION Redacted Opinion granting Plaintiff's Motion for Judgment on the Administrative Record; denying Defendant's Motion for Judgment on the Administrative Record; and denying Defendant-Intervenor's Motion for Judgment on the Administrative Record. Signed by Judge Elaine D. Kaplan.

Keywords: re: Tucker Act; Bid Protest; Corrective Action; Agency Discretion; Reasonable Under the Circumstances.

REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(6). The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler.

Keywords: re: Contract Disputes Act Claim; Termination for Convenience Clause; Motion to Dismiss; No Showing of Material Breach or Performance Costs. (ad).

REPORTED ORDER granting Motion for TRO. Signed by Judge Susan G. Braden.

REPORTED OPINION granting Defendant's Motion for Judgment on the Administrative Record and Defendant's Motion to Dismiss. The government's motion for judgment on the administrative record is GRANTED with respect to Count I, and the government's motion to dismiss plaintiff's complaint pursuant to RCFC 12(b)(6) is GRANTED with respect to Counts II, III, IV, and V. Plaintiff's motion [20] and cross-motion [29] for judgment on the administrative record are DENIED. The clerk is directed to enter judgment in accord with this disposition. No costs. Signed by Judge Charles F. Lettow.

Keywords: Claim by qualified health insurance plan participating in a federally-run state Exchange to damages based upon statutory or regulatory entitlement to receive "risk-corridors" payments; Section 1342 of the Patient Protection and Affordable Care Act, 42 U.S.C. § 18062; 45 C.F.R. § 153.510; claims for damages based upon alleged breach of an express contract, an implied-in-fact contract, or an implied covenant of good faith and fair dealing; takings claim (MZ)

REPORTED ORDER denying Motion for Discovery. Plaintiff's response to defendant's motion and any cross-motion for judgment on the administrative record due by 12/9/2016. Defendant's reply in support of its motion and its response to plaintiff's cross-motion for judgment on the administrative record due by 1/9/2017. Plaintiff's reply in support of his cross-motion for judgment on the administrative record due by 2/10/2017. Signed by Senior Judge Nancy B. Firestone.

Keywords: re: Order on Motion for Discovery; Reported Order; Motion for Discovery; RCFC 26; Supplementation of the Administrative Record.

REPORTED OPINION. Signed by Judge Marian Blank Horn.

Keywords: re: Reported Opinion: Pre-Award Bid Protest; Cross-Motions for Judgment on the Administrative Record; Commercial Availability; 10 U.S.C. § 2377; Bad Faith; Supplementation to the Administrative Record; Permanent Injunction.

REPORTED OPINION The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler. (gb) Copy to parties. (Main Document 58 replaced on 2/10/2017) (jt1).

Keywords: re: Grants Made Under the American Recovery and Reinvestment Act of 2009, Section 1603; Cogeneration Plants; Cost-Basis Allocation; Recapture.

REPORTED OPINION granting in part and denying in part Motion to Compel. Signed by Judge Thomas C. Wheeler.

Keywords: re: Motion to Compel Discovery; Section 1603 of ARRA; Non-Party Documents and Communications. (ad).

REPORTED ORDER denying Motion for Leave to File Amicus Brief. Signed by Judge Margaret M. Sweeney. (kb1)

Keywords: re: Order on Motion for Leave to File Amicus Brief, Reported Order -- Motion for Leave to File an Amicus Curiae Brief by the United States House of Representatives; Exclusive and Plenary Authority of the United States Department of Justice to Conduct Litigation in Which the United States Is a Party

REPORTED OPINION granting in part and denying in part Supplemental Motion for Attorney Fees. The Clerk is directed to enter judgment. Signed by Senior Judge Nancy B. Firestone.

Keywords: re: Reported Opinion; Equal Access to Justice Act, 28 U.S.C. § 2412; Supplemental Motion for Attorneys' Fees and Costs; Timeliness; RCFC 54(d); Reasonable Attorneys' Fees.

REPORTED OPINION. Signed by Judge Thomas C. Wheeler.

Keywords: re: Pre-award Bid Protest; Past Performance Evaluation; Deference to Agency's Evaluation of Proposals; Meaning of Task Order, Contract, and Project; Effect of Supreme Court's Kingdomware Decision. (ad).

REPORTED OPINION REPORTED Order granting Motion for Declaratory Judgment; granting [4] Motion for Preliminary Injunction The Clerk is directed to enter judgment. Signed by Judge Susan G. Braden. (pt) Copy to parties.REPORTED OPINION REPORTED Order granting [4] Motion for Declaratory Judgment; granting [4] Motion for Preliminary Injunction The Clerk is directed to enter judgment. Signed by Judge Susan G. Braden.

Keywords: re: [12]28 U.S.C. § 1491(b)(2) (Administrative Dispute Resolution Act Jurisdiction); 31 U.S.C. §§ 3553(d)(3), (d)(4)(A) (Competition in Contracting Act); 48 C.F.R. § 8.405-3(b)(3) (Blanket Purchase Agreements, Notice of Award); Rules of the United States Court of Federal Claims (RCFC) 11(b), (c)(3), (Sanctions); RCFC 57 (Declaratory Judgment); RCFC 65(d) (Injunction)