USCFC General Jurisdiction-Reported

REPORTED OPINION. The plaintiffs motion for judgment on the administrative record is granted in part and deferred in part, and the defendants cross-motion for judgment on the administrative record is denied in part and deferred in part. This case has been pending since 2015. The plaintiff is entitled to a resolution of his claim in a prompt manner, given the length of time he has been waiting for the matter to be resolved. The Court expects that the case will receive priority consideration by the Board due to its age and the plaintiffs physical condition. The issue before the AFBCMR on remand is a narrow one. The Court will remand the case to the AFBCMR for a period limited to 90 days. Signed by Judge Richard A. Hertling. (dhf) Service on parties made.

Keywords: re: Reported Order, Military Pay; Disability Retirement; Inactive-Duty Training; 10 U.S.C. § 101(d)(7); Uniform Code of Military Justice; Self-Paced Fitness Improvement Program; Motion for Judgment on the Administrative Record; RCFC 52.1.

REPORTED OPINION granting Motion to Dismiss; denying [12] Emergency Motion. The Clerk is directed to enter judgment. Signed by Judge Eleni M. Roumel. (klb) Service on parties made; plaintiff served via U.S. mail.

REPORTED OPINION denying Plaintiff's Motion for Judgment on the Administrative Record and Motion to Supplement the Record; granting [40] Defendant's Cross Motion for Judgment on the Administrative Record. The Clerk is directed to enter judgment. Signed by Senior Judge Nancy B. Firestone. (gd) Service on parties made.

Keywords: re: Military Pay; Judgment on the Administrative Record; AFBCMR; Burden of Proof; Deference to Medical Advisory Opinions; Motion to Supplement the Administrative Record; Post-Remand.

REPORTED Order granting Motion to Dismiss pursuant to Rule 12(b)(1); finding as moot [12] Motion for Entry of Final Judgment. The Clerk's Office is directed to reject further complaints related to the one currently before the court regarding adjudication of her social security benefits. The Clerk is directed to enter judgment. Signed by Senior Judge Marian Blank Horn. (rp) Service on parties made.

Keywords: Re: Pro Se Plaintiff; Subject Matter Jurisdiction; Failure to State a Claim; Motion to Dismiss; Social Security.

REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1). The Clerk is directed to enter judgment. Signed by Chief Judge Margaret M. Sweeney. (jb2) Service on parties made.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1), Reported Opinion: Military Disability Retirement Pay Claim, 10 U.S.C. § 1201 (2018); Statute of Limitations, 28 U.S.C. § 2501 (2018); RCFC 12(b)(1); Informal Physical Evaluation Board; Claim Accrued at Time of Discharge from the Military.

REPORTED ORDER: The government's supplemental brief shall be filed, as further specified in the attached order, on or before 5:00 p.m. on September 24, 2020. Plaintiff shall not file a response unless ordered to do so by the Court. Signed by Judge Matthew H. Solomson. (sew) Service on parties made.

Keywords: re: Reported Order, Duty of candor; judicial estoppel; Boaz v. United States; Greenleaf Limited Partnership v. Illinois Housing Development Authority; Tucker Act jurisdiction; Housing and Urban Development; annual contributions contract; breach of contract; money damages.

REPORTED OPINION granting-in-part and denying-in-part Motion to Voluntarily Dismiss - Rule 41(a). Timothy Stahl's claim in Case No. 17-1191 is dismissed with prejudice. The Clerk is directed to enter judgment in Case No. 17-1191 as to Timothy Stahl. Signed by Senior Judge Loren A. Smith. (kn) Service on parties made. (Main Document 235 replaced on 8/24/2020 to edit concluding language and case number)

Keywords: Fifth Amendment Taking; Motion to Voluntarily Dismiss; RCFC 41(a)(2); Test Property; Dismissal with Prejudice. Re: Order on Motion to Dismiss - Rule 41(a). Reported Opinion.

REPORTED ORDER Granting Motion to Remand; Granting [8] Motion to Stay. The plaintiffs claim is REMANDED to the Secretary of the Army, who is directed to submit the matter to the ABCMR. The plaintiff shall apply to the ABCMR by filing a DD Form 149 with the ABCMR on or before 9/4/2020. The ABCMR shall determine by 11/30/2020 whether the Army committed an error or injustice. The defendant shall file by 12/14/2020, a status report. The ABCMR shall render its decision by 2/22/2021. The defendant shall file a status report informing the Court of the ultimate determination of the ABCMR by 3/8/2021. The case is hereby STAYED until further order of the Court. Signed by Judge Richard A. Hertling. (agg) Service on parties made. Modified text on 8/20/2020

Keywords: re: Order on Motion to Remand, Order on Motion to Stay, Reported Order, Military Pay Act; Motion for Voluntary Remand; RCFC 52.2; SKF USA Inc. v. United States; Time Limits for Remand.

**RE-DOCKETED ORDER FOR PUBLICATION**. REPORTED ORDER granting [13] Motion to Intervene. Signed by Senior Judge Eric G. Bruggink. (ew) Service on parties made.

REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1) and (6). The Clerk is directed to enter judgment. Signed by Senior Judge Marian Blank Horn. (jm5) Service on parties made; plaintiff served via U.S. mail.

Pro Se Plaintiff; Motion to Dismiss; Subject Matter Jurisdiction; Failure to State a Claim; Alleged Contract; Alleged Arbitration; Ratification; Tort; Criminal Conduct. Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1) and (6), Reported Opinion

MEMORANDUM OPINION and ORDER denying Plaintiff's Motion for Judgment Upon the Administrative Record, granting the Government's Cross-Motion for Judgment Upon The Administrative Record and dismissing the complaint. Signed by Judge Lydia Kay Griggsby. (jw) Service on parties made.

Keywords: Post-Award Bid Protest; Competition in Contracting Act ("CICA"); Judgment Upon the Administrative Record; RCFC 52.1; Injunctive Relief, re: Memorandum Opinion and Order.

REISSUED REPORTED OPINION. Reissued Opinion to correct typographical errors. Signed by Judge David A. Tapp. (co) Service on parties made.

Keywords: re: Reported Opinion: Signature Requirement; Waiver Doctrine; 26 U.S.C. § 7422; Treas. Reg. § 301.6402-2; Angelus Milling Co. v. C.I.R., 325 U.S. 293 (1945); I.R.C. § 6061; I.R.C. § 6065; Subject Matter Jurisdiction.

REPORTED OPINION that the plaintiffs motion to certify a class is denied. The Court will file an order concurrent with this opinion denying the motion and setting a schedule for further proceedings in the case. Signed by Judge Richard A. Hertling. (agg) Service on parties made.

Keywords: re: Reported Opinion, RCFC 23; Class Certification; Commonality; Typicality; Adequacy; Civilian Pay; Overtime; LEAP; 5 U.S.C. § 5542(e); Secret Service; Diplomatic Security Service

REPORTED ORDER. Signed by Judge Ryan T. Holte. (jln) Service on parties made.

Keywords re: Reported Order: Bid protest; Small Business Administration (SBA); Service-Disabled Veteran-Owned Small Business (SDVOSB); size determination; ostensible subcontractor rule

REPORTED OPINION granting-in-part PLAINTIFF's Cross-Motion for Judgment on the Administrative Record as to PLAINTIFF's claim that he was denied a formal PEB in 2013; PLAINTIFF's remaining claims are dismissed without predjudice as moot; denying [12] Motion to Dismiss - Rule 12(b)(6); denying-in-part [12] Motion for Judgment on the Administrative Record filed by USA. The case is remanded to the Secretary of the Navy Council of Review Boards. Status Report due by 10/13/2020 and every sixty days thereafter. Remand proceedings shall be completed by 2/15/2021. Signed by Judge Elaine D. Kaplan. (feb) Service on parties made.

Keywords re Opinion and Order: Military Disability; Department of the Navy; SECNAVINST 1850.4E; Informal Physical Evaluation Board; Formal Physical Evaluation Board; Secretary of the Navy Council of Review Boards; Integrated Disability Evaluation System (IDES).

REPORTED OPINION denying Motion for Leave to File; denying [356] Motion for Attorney Fees; denying [357] Motion for Attorney Fees; granting in part and denying in part [355] Motion for Attorney Fees; granting in part and denying in part [360] Motion for Attorney Fees. The Clerk is directed to enter final judgment. Signed by Senior Judge Charles F. Lettow.

Keywords re Reported Opinion: Applications for award of attorneys fees and expenses under the Uniform Relocation Assistance and Real Property Acquisition Policies Act, 42 U.S.C. § 4654(c); jurisdiction; effect of earlier award of fees in settlement agreement; fees not awardable to pro se litigants; fees incurred to preserve and defend settlement against effort to overturn it; reasonableness of fees and expenses.

REPORTED OPINION dismissing complaint, sua sponte, for failure to state a claim. The Clerk is directed to enter judgment. Signed by Judge Elaine D. Kaplan. (feb) Service on parties made.

Keywords re Reported Opinion: Failure to State a Claim; RCFC 12(b)(6); Sua Sponte; Contracting Officer Final Decision

REPORTED ORDER granting Motion to Dismiss - Rule 12(b)(1). There being no just reason for delay, the Clerk is directed to enter judgment dismissing the Complaint. Joint Status Report due by 8/17/2020. Signed by Judge David A. Tapp. (co) Service on parties made.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1), Reported Order, Signature Requirement; Waiver Doctrine; 28 U.S.C. § 7422; Treas. Reg. § 301.6402-2; Angelus Milling Co. v. C.I.R., 325 U.S. 293 (1945); I.R.C. § 6061; I.R.C. § 6065; Subject Matter Jurisdiction.

REPORTED OPINION of the court's **sealed** August 5, 2020 opinion. No redactions were proposed by the parties, see [8]. Thus, the sealed and public versions of this opinion are identical, except for the publication date and footnote 1. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made.

Keywords: re: Reported Opinion, Motions for Judgment on the Administrative Record; Corrective Action Standard of Review; Agency Remand. (TQ)

REPORTED ORDER Deferring ruling on Motion to Compel; Denying [46] Motion for Protective Order; The parties are ORDERED to meet and confer by 8/24/2020, Status Report due by 8/27/2020. Signed by Judge David A. Tapp. (jm) Service on parties made.

Keywords: re: Order on Motion to Compel,, Order on Motion for Protective Order, Involuntary Retirement; Career Retention Screening Panel; Discovery; RCFC 30(b)(6); Motion to Compel