USCFC General Jurisdiction-Reported

REPORTED OPINION denying MOTION to Dismiss pursuant to Rule 12(b)(1) filed by USA. Parties shall submit a joint status report by May 23, 2023, proposing a schedule for further proceedings. Signed by Judge Kathryn C. Davis. (gvk) Service on parties made.

REPORTED OPINION AND ORDER: granting in part and denying in part Motion for Clarification; withdrawing the Court's original Opinion (ECF No. 180), and reissuing upon reconsideration 180 Reported Opinion and Order, with certain corrections and amplifications; denying as moot [87] MOTION to Dismiss - Rule 12(b)(1) as to remaining Section II.B filed by USA; granting in part and denying in part [129] MOTION to Dismiss pursuant to Rule 12(b)(1) or, Alternatively, MOTION for Summary Judgment filed by USA; denying [165] MOTION to Strike [156] Amended Complaint; granting in part and denying in part [165] MOTION to Dismiss pursuant to Rules 12 (b)(1) and (6) and Request for Consideration of Pending Motion to Dismiss or, Alternatively, for Summary Judgment filed by USA. (Joint Status Report due by 6/5/2023). Signed by Judge Stephen S. Schwartz. (cmc) Service on parties made.

REPORTED OPINION. The Clerk is directed to enter judgment. Signed by Senior Judge Marian Blank Horn. (jm5) Service on parties made. (Main Document 115 replaced on 5/25/2023 to attach corrected PDF)

REPORTED ORDER denying plaintiff's Motion for Enlargement of Time. Joint Status Report due by 5/15/2023. Signed by Judge Ryan T. Holte. (sav) Service on parties made.

Keywords: re: Reported Order on Motion for Enlargement of Time: Motion for Enlargement of Time; Pioneer; Excusable Neglect; Counsel Mistake; Motion in Limine; Expert Report; Prejudice.

REPORTED OPINION (reissued for publication of **SEALED** MEMORANDUM AND ORDER GRANTING in part and DENYING in part [33] Plaintiff VCH Partners, LLC's Motion for Judgment on the Administrative Record and [34] Plaintiff SH Synergy, LLC's Motion for Judgment on the Administrative Record, and GRANTING in part and DENYING in part [37] Defendant's Cross-Motion for Judgment on the Administrative Record. Defendant is ENJOINED from evaluating proposals and awarding IDIQ contracts under the current versions of the Polaris SB, WOSB, and SDVOSB Pool Solicitations.). Signed by Judge Eleni M. Roumel. (nma) Service on parties made. Modified on 5/1/2023 - corrected minor typographical error (jt1).

REPORTED OPINION: Treasury's authorization to a pension fund to reduce the benefits of vested plan participants under the Multiemployer Pension Reform Act did not give rise to a taking. The defendant's motion for summary judgment is granted, and the plaintiffs' motion for summary judgment is denied. Signed by Judge Richard A. Hertling. (kac) Service on parties made.

REPORTED OPINION granting Pls.' Motion for Summary Judgment; denying [16] Def.'s Cross-Motion for Partial Dismissal. The Clerk is directed to enter judgment. Signed by Senior Judge Charles F. Lettow.

Keywords: re: Order on Motion for Summary Judgment, Order on Cross Motion [Dispositive], Reported Opinion: Interest as an awardable contractual charge

REPORTED OPINION and ORDER. Unsealed public redacted version of OPINION AND ORDER denying [27] Plaintiff's Motion for Judgment on the Administrative Record (MJAR); granting [33] Defendant-Intervenor's Cross-MJAR; granting [35] Defendant's Cross-MJAR. Signed by Judge Thompson M. Dietz. (mlr) Service on parties made.

Keywords: re: Post-Award Bid Protest; Motion for Judgment on the Administrative Record; Unequal Treatment; Unstated Evaluation Criteria.

REPORTED OPINION of the Court's Sealed Opinion [ECF No. 34]. Signed by Judge Kathryn C. Davis. (apkt) Service on parties made.

REPORTED OPINION AND ORDER DISMISSING CASE: granting Motion for Judgment on the Administrative Record filed by USA; denying [19] Cross Motion for Judgment on the Administrative Record filed by Evelyn M. Rodriguez Thomas. The Clerk is directed to enter judgment. Signed by Judge Stephen S. Schwartz. (cmc) Service on parties made.

REPORTED OPINION. Signed by Judge Zachary N. Somers. (mpo) Service on parties made.

REPORTED OPINION denying Motion for Attorney Fees. Signed by Judge Thompson M. Dietz. (brs) Service on parties made.

Keywords: re: Order on Motion for Attorney Fees; Reported Opinion; The Equal Access to Justice Act ("EAJA"); Attorney Fees; Remand; Prevailing Party; Administrative Error.

OPINION and ORDER: Plaintiff's complaint, hereby, is DISMISSED pursuant to RCFC 12(h)(3) for lack of jurisdiction; Plaintiff's claim for unjust conviction and imprisonment, in particular, is frivolous. In the alternative, Plaintiff's claim for unjust conviction and imprisonment is dismissed for failure to state a claim. Accordingly, the Clerk is directed to enter JUDGMENT for the United States, dismissing this case. Furthermore, because Plaintiff has repeatedly filed numerous complaints and motions which needlessly consume the resources of federal courts, the Court hereby enters the following anti-filing injunction: Plaintiff is immediately ENJOINED from filing any new complaints with this Court without first obtaining leave from the Chief Judge of the United States Court of Federal Claims to do so. Thus, the Clerk of the Court is directed to REJECT all future complaints and filings from Plaintiff unless filed per the instructions in the attached opinion and order. Signed by Judge Matthew H. Solomson. (cmb) Service on parties made; plaintiff served via first class mail.

REPORTED ORDER denying Motion for Reconsideration - Rule 59(a) filed by CULLY CORPORATION. Signed by Judge David A. Tapp. (emc) Service on parties made. Modified on 4/18/2023 - Corrected Minor Typographical Error (jt1).

OPINION AND ORDER: Defendant's motion for judgment on the administrative record is GRANTED and plaintiff's [9] cross-motion for judgment on the administrative record is DENIED. The Clerk of Court is directed to ENTER Judgment accordingly. No costs. Signed by Judge Armando O. Bonilla. (ead) Service on parties made.

Keywords Opinion and Order: Military Pay: Survivor Benefit Plan, 10 U.S.C. §§ 144755; Army Retired Pay, 10 U.S.C. § 3929 (2018) (repealed & recodified at 10 U.S.C. § 7329).

**VACATED PURSUANT TO ORDER FILED APRIL 27, 2023** REPORTED OPINION. Signed by Senior Judge Eric G. Bruggink. (rco) Service on parties made. Modified on 4/27/2023 to indicate opinion has been vacated.

Keywords: re Reported Opinion: post-award bid protest; motion to dismiss; subject-matter jurisdiction; statutory violation in connection with a procurement; standing; 10 U.S.C. 3453; offerors of commercial products; Blue and Gold; laches.

REPORTED OPINION and ORDER. Unsealed public redacted version of ORDER and OPINION granting [23-1] Plaintiff's Amended Motion for Judgment on the Administrative Record (MJAR); denying [25] Defendant's Cross-MJAR; denying [26] Defendant-Intervenor's Cross-MJAR. Signed by Judge Thompson M. Dietz.

Keywords: re: Post-Award Bid Protest; Motion for Judgment on the Administrative Record; Unequal Treatment; Inadequate Documentation; Unstated Evaluation Criteria; FAR 19.602-1(a); Prejudice; Injunctive Relief.

OPINION: GRANTING Motion to Dismiss and Motion for Judgment on the Administrative Record, filed by the United States; GRANTING in part [28] Motion to Dismiss and GRANTING [28] Motion for Judgment on the Administrative Record, filed by Strategic Alliance Solutions LLC; DENYING [26] Motion for Judgment on the Administrative Record, filed by Defense Integrated Solutions, LLC. The Clerk of the Court is directed to enter judgment. Signed by Judge Matthew H. Solomson. (cmb) Service on parties made.

REPORTED OPINION GRANTING Defendant's Motion for Summary Dismissal, and DENYING AS MOOT [2] Plaintiffs Motion for Leave to Proceed in forma pauperis. The Clerk of Court is directed to enter Judgment accordingly. The Clerk of Court shall REJECT all future filings in this case that are not in accordance with the Rules of the United States Court of Federal Claims. This Court enters the following anti-filing injunction: Effective immediately, Plaintiff Eric Flores is ENJOINED from filing new complaints pro se in this Court without first obtaining leave to file from the Chief Judge of the United States Court of Federal Claims. If Plaintiff seeks to file a new complaint in this Court, he shall submit a Motion for Leave to File and explain why the new complaint is timely and properly before the Court. Any motion for leave to file a new complaint must also include as an attachment the complaint Plaintiff intends to file. The complaint must satisfy the requirements of Rule 8. In the event the Court grants a motion for leave to file a new complaint, Plaintiff will be required to pay the Courts full filing fee to proceed. Notwithstanding the prior restrictions, Plaintiff may file a new complaint without first submitting a Motion for Leave if the complaint is signed and filed by an attorney who is duly licensed and authorized to practice law under the laws of at least one state or territory of the United States or the District of Columbia and is a member in good standing of the Bar of the United States Court of Federal Claims. Signed by Judge Eleni M. Roumel. (lb) Service on parties made; plaintiff served via first class mail.

REPORTED OPINION and ORDER denying Plaintiff's Motion for Judgment on the Administrative Record; granting [42] Defendant's Cross Motion for Judgment on the Administrative Record. The Clerk is directed to enter judgment. Signed by Senior Judge Loren A. Smith. (msh) Service on parties made.