USCFC General Jurisdiction-Reported

REPORTED OPINION granting in part and denying in part Motion for Judgment on the Administrative Record; granting in part and denying in part [48] Cross Motion. Status Report due by 3/15/2023. Signed by Judge Kathryn C. Davis. (msm) Service on parties made. Modified on 3/2/2023 (ew). Plaintiff served via first class mail. (Main Document 62 replaced on 3/7/2023 to correct typographical errors on pages 1 and 10)

REPORTED OPINION denying Motion for Summary Judgment; granting [69] Cross Motion. Signed by Senior Judge Marian Blank Horn. (jm5) Service on parties made.

REPORTED OPINION and ORDER. Unsealed public redacted version of the Court's February 13, 2023 Opinion and Order. Signed by Judge Thompson M. Dietz. (sbp) Service on parties made.

Keywords: re: Reported Opinion and Order: RCFC 12(b)(1); Motion to Dismiss; Lack of Subject-Matter Jurisdiction; RCFC 12(b)(6); Failure to State a Claim; RCFC 52; Motion for Judgment on the Administrative Record; Bid Protest Standing; Bad Faith; 5 U.S.C. § 706(2)(A).

REPORTED ORDER granting in part Motion for Sanctions pursuant to Rule 37 for Spoliation of Evidence. The Court will defer ruling on documents derived from spoliated data to summary judgment or trial. Signed by Judge Edward H. Meyers. (mjd) Service on parties made.

REPORTED ORDER denying Motion to Compel. Signed by Judge Edward H. Meyers. (mjd) Service on parties made.

REPORTED OPINION AND ORDER denying Plaintiff's Motion for Judgment on the Administrative Record; granting [13], [16] Defendant's Cross Motion for Judgment on the Administrative Record. The Clerk is directed to enter judgment. Signed by Senior Judge Charles F. Lettow.

Keywords: re: REPORTED OPINION AND ORDER: Claim for disability retirement from the United States Army; review of action by the Army Board for Correction of Military Records.

REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1) and (6) filed by USA. The Clerk is directed to enter judgment. Signed by Judge David A. Tapp. (emc) Service on parties made. (Main Document 9 replaced on 3/10/2023 to attach corrected PDF)

REPORTED OPINION AND ORDER denying MOTION to Dismiss pursuant to Rules 12 (b)(1) and (6) filed by USA. Signed by Judge Stephen S. Schwartz. (cmc) Service on parties made.

REPORTED OPINION denying Motion for Judgment on the Administrative Record and Motion to Supplement the Administrative Record; denying [11] Motion to Dismiss; and granting [11] Cross-Motion for Judgment on the Administrative Record. The Clerk is directed to enter judgment. Signed by Chief Judge Elaine D. Kaplan. (ap) Service on parties made.

REPORTED OPINION on Patent Validity. Signed by Senior Judge Eric G. Bruggink. (jpk1) Service on parties made.

Keywords: re: Reported Opinion: Patent infringement; Obviousness; Motivation to combine; Indefiniteness; Improper combination of method and apparatus claims; Means-plus-function structure

OPINION. The Clerk is directed to enter judgment. Signed by Senior Judge Marian Blank Horn. (jm5) Service on parties made. (Main Document 130 replaced on 2/28/2023 to correct a clerical error.)

REPORTED OPINION of the Court's Sealed Opinion. Signed by Judge Kathryn C. Davis. (msm) Service on parties made.

OPINION granting MOTION for Summary Judgment filed by USA. The Clerk is directed to enter judgment. Signed by Judge Edward H. Meyers. (skw) Service on parties made.

REPORTED OPINION and ORDER. Unsealed public redacted version of the Court's January 27, 2023 Opinion denying [36] Plaintiffs Motion for Judgment on the Administrative Record ("MJAR"); denying [46] Defendants Motion to Dismiss - Rule 12(b)(1); granting [46] Defendant's Cross-MJAR; granting [43] Defendant-Intervenor's Cross-MJAR; finding as moot [44] Defendant-Intervenor's Motion to Supplement the Administrative Record. Signed by Judge Thompson M. Dietz. (brs) Service on parties made.

Keywords:Reported Opinion; Post-Award Bid Protest; Motion to Dismiss; Motion for Judgment on the Administrative Record; Standing; Plain Language; FAR 52.204-7(b)(1).

REPORTED OPINION DISMISSING CASE. Defendant's MOTION to Dismiss pursuant to RCFC 12(b)(1) is DENIED in part, as to defendant's request for dismissal under RCFC 12(b)(1), and GRANTING in part, as to defendant's request for dismissal under RCFC 12(b)(6); and denying plaintiff's [66] MOTION for Sanctions. The clerk's office is directed to ENTER final judgment DISMISSING plaintiff complaint under RCFC 12(b)(6), in favor of defendant, with prejudice. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made.

Keywords: re: Reported Opinion; Motion to Dismiss; RCFC 12(b)(6); 26 U.S.C. § 7422(a); Employment Tax-Related Penalties Refund Claim; Duly Filed; Form 843; Signature and Verification; Waiver; Motion for Sanctions; Attorneys Fees; 28 U.S.C. § 1927; 26 U.S.C. § 7430. (TQ)

REPORTED OPINION. Signed by Senior Judge Marian Blank Horn. (jm5) Service on parties made.

REPORTED OPINION. In this pre-award bid protest, some of the plaintiffs' claims are dismissed for lack of standing pursuant to Rule 12(b)(1) of the Rules of the Court of Federal Claims. In the alternative, the challenged procurement complied with the solicitation and relevant procurement laws. Signed by Judge Richard A. Hertling. (kac) Service on parties made.

REPORTED OPINION on MOTION for Reconsideration re [118] Order on Motion to Dismiss - Rule 12(b)(1) and (6) filed by DILLON TRUST COMPANY LLC denying [128] Motion for Reconsideration re [128] MOTION for Reconsideration re [118] Order on Motion to Dismiss - Rule 12(b)(1) and (6) filed by DILLON TRUST COMPANY LLC. Signed by Senior Judge Eric G. Bruggink. (cpo) Service on parties made.

Keywords: re: Order on Motion for Reconsideration, Reported Opinion: I.R.C. § 6603; Revenue Procedure 2005-18; RCFC 54(b); Motion for reconsideration; Illegal exaction; Abuse of discretion

REPORTED OPINION and ORDER denying as moot 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. (Status Report due by 3/10/2023). Signed by Judge Stephen S. Schwartz. (cmc) Service on parties made.

REPORTED ORDER. Unsealed public version of denying [90] MSA's motion for a stay pending appeal and striking [105] MSA's supplemental motion in support of its motion for a stay pending appeal as deficient. Signed by Judge Ryan T. Holte. (bam) Service on parties made. Modified on 2/5/2023 - corrected minor typographical error/pdf(jt1). (Main Document 109 replaced on 3/16/2023 to attach corrected PDF)