USCFC General Jurisdiction-Reported

PUBLIC OPINION AND ORDER denying Motion for Judgment on the Administrative Record; granting [52] Cross Motion; granting [53] Cross Motion. Signed by Judge Elaine D. Kaplan. (kb) Service on parties made.

Keywords re [66]: Post-Award Bid Protest; 28 U.S.C. § 1491; Judgment on the Administrative Record; NASA; Discussions; Price Reasonableness.

REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1) and (6) The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler. (ez) Service on parties made.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1) and (6), Reported Opinion Fifth Amendment Taking; Physical Taking; Regulatory Taking; Ripeness; Motion to Dismiss for Failure to State a Claim; Rule 12(b)(6); Motion to Dismiss for Lack of Subject Matter Jurisdiction; Rule 12(b)(1).

REPORTED OPINION granting Motion to partial Dismiss - Rule 12(b)(6), Counts I, II & III of plaintiff's amended complaint. Pursuant to RCFC 54(b), there being no just reason for delay, and for the reasons stated in this opinion, the clerks office is directed to ENTER final judgment in favor of defendant, DISMISSING Count's I, II, and III of plaintiff's amended complaint, with prejudice. Defendant shall FILE the government's ANSWER or othewise respond to the remaining counts, Counts IV and V, of plaintiff's amended complaint on or before 5/6/2019. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(6), Reported Opinion. Motion to Dismiss; RCFC 12(b)(6); Equitable Adjustment; Breach of Contract; Breach of Implied Duty of Good Faith and Fair Dealing; 48 C.F.R. § 52.245-1 (2012).(TQ)

REPORTED MEMORANDUM OPINION AND ORDER Granting Defendant's Partial Motion to Dismiss; Dismissing Counts I, II, and V of the Complaint. Response to the remaining counts of the Complaint due on or before 5/20/2019. Signed by Judge Lydia Kay Griggsby. (mg) Service on parties made.

Keywords: re: Reported Memorandum Opinion and Order, Contract Disputes Act; Blanket Purchase Agreement; Subject-Matter Jurisdiction; RCFC 12(b)(1); Breach of Contract.

REPORTED OPINION denying Defendant's motion to dismiss. Signed by Senior Judge Marian Blank Horn. (td) Service on parties made.

Keywords: Motion to Dismiss; Breach of Contract; Monetary Damages; Equitable Relief; Indemnification; Standing; Equal Access to Justice Act.

REPORTED ORDER granting Motion for Partial Summary Judgment; denying [26] Cross Motion. Signed by Senior Judge Loren A. Smith. (mr) Service on parties made.

REPORTED OPINION on defendant's Motion to Dismiss, granting in part, as to Counts II and III, and denying in part, as to Count I. Pursuant to RCFC 54(b), because there is no just reason for delay, the clerk's office is directed to ENTER final judgment DISMISSING Count II and Count III of plaintiff's complaint for lack of subject-matter jurisdiction, without prejudice. On or before 4/26/2019, the parties shall CONFER and FILE a joint status report in this matter. The status report shall include the parties' positions on a stay in this matter pending the outcome of related litigation in the district courts, and an agreed-upon schedule for proposed further proceedings in this matter should the court determine that a stay is not warranted. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made.

Keywords: re: Reported Opinion on Defendant's Motion to Dismiss. Copyright; 28 U.S.C. § 1498(b) (2012); Claim for Infringement of Software Developed Independently of Contract Work for the Government; 28 U.S.C. § 1500 (2012); Whether Two Suits Filed Simultaneously in District Courts Bar Suit in This Court. (TQ)

REPORTED OPINION AND ORDER granting in part and denying in part MOTION to Dismiss pursuant to Rules 12 (b)(1) and (6) filed by USA. Status Report due by 5/1/2019. Signed by Judge Thomas C. Wheeler. (dh) Service on parties made.

Keywords: Displacing Tucker Act; Specific Remedial Scheme; Waiver of Sovereign Immunity; Exhaustion; Federal Oil and Gas Royalty Management Act of 1982; Royalty Simplification and Fairness Act of 1996; 30 U.S.C. § 1721; 30 U.S.C. § 1724; Statute of Limitations; 28 U.S.C. § 2501; RCFC 9(k); Subject-Matter Jurisdiction; RCFC 12(b)(1); Failure to State a Claim; RCFC 12(b)(6) re: Order on Motion to Dismiss - Rule 12(b)(1) and (6), Reported Opinion.

PUBLIC OPINION AND ORDER denying Motion for Judgment on the Administrative Record; granting [35] Cross-Motion; granting [36] Cross-Motion. Signed by Judge Elaine D. Kaplan. (kb) Service on parties made.

Keywords re [55]: Pre-Award Bid Protest; 28 U.S.C. § 1491; Exclusion from the Competitive Range; FAR 15.306; Judgment on the Administrative Record; NASA.

REPORTED OPINION granting Renewed Motion to Dismiss Count II. Signed by Chief Judge Margaret M. Sweeney. JPSR due 4/30/2019. (pp) Service on parties made.

Keywords -- Keepseagle Litigation; RCFC 12(b)(6); Failure to State a Claim Upon Which Relief Can Be Granted; Contract Interpretation; Contractual Duty; Breach; Remedy.

REPORTED OPINION granting Motion to Dismiss. Signed by Senior Judge Mary Ellen Coster Williams. (TF3) Service on parties made.

Keywords: re: Fifth Amendment Taking; Statute of Limitations; Accrual of Cause of Action; Erosion; Stabilization Doctrine; Accrual Suspension Doctrine. (TF3)

REPORTED OPINION: Reflecting redactions from the opinion and order previously entered on March 19, 2019. Signed by Senior Judge Charles F. Lettow.

Keywords: re: Reported Opinion: Post-award bid protest; standing; change in terms of solicitation as a result of corrective action; realism analysis of proposed professional compensation rates; FAR § 52.222-46.

REPORTED ORDER. Reported Opinion of this Court's March 21, 2019 Opinion Granting United States' Cross-Motion for Judgment on the Administrative Record and Denying Plaintiff's Motion for Judgment on the Administrative Record. Signed by Senior Judge Nancy B. Firestone. (gd) Service on parties made.

Keywords: re: Reported Order, Bid Protest; Pre-award Protest; Judgment on the Administrative Record; OHA Appeal; Service-Disabled-Veteran-Owned.

REPORTED OPINION Reissuing for Publication Opinion and Order granting [53] Plaintiff's Motion for Judgment on the Administrative Record; denying [63] Defendant's Cross Motion for Judgment on the Administrative Record; and denying [82] Defendant-Intervenor's Motion for Judgment on the Administrative Record. Signed by Chief Judge Margaret M. Sweeney.

Keywords: re: Postaward Bid Protest; RCFC 52.1; Cross-Motions for Judgment; Failure to Follow Solicitation Requirements; Technical Evaluation; Cost/Price Evaluation

REPORTED OPINION and ORDER granting Defendant's Motion for Summary Judgment and denying [67] Plaintiff's Cross-Motion for Summary Judgment. The case is dismissed. The Clerk is directed to enter judgment. Signed by Senior Judge Charles F. Lettow.

Keywords: re: Claim by federal employee for damages attendant to breach of a settlement agreement; summary judgment; RCFC 56(a); no genuine dispute as to any material fact; discretionary promotion not a basis for damages; receipt of a prior award from the EEOC provided plaintiff with complete relief.

REPORTED OPINION of this court's March 1, 2019 opinion, see ECF [23], issued under seal. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made.

Keywords: re: Reported Opinion. Post-Award Bid Protest; Alleged Proposal Evaluation Errors; Price Reasonableness of a Proposal Submitted by a Federal Supply Schedule Contractor; Preference for a Service-Disabled Veteran-Owned Small Business; Preliminary Injunction Request. (TQ)

REPORTED ORDER denying Motion to Dismiss - Rule 12(b)(1). Defendant shall file its answer to Plaintiffs' complaint no later than 5/14/19. Signed by Senior Judge Edward J. Damich. (co) Service on parties made. (Main Document 14 replaced on 3/15/2019) (sh) as per chamber request. Modified on 3/15/2019

Keywords: Motion to Dismiss, Subject Matter Jurisdiction, Stabilization Doctrine, Continuing Claims Doctrine, Accrual, Boling v. United States, re: Order Denying Defendant's Motion to Dismiss, ECF No. 14.

REPORTED OPINION granting in part and denying in part defendant's Motion for Summary Judgment; denying plaintiff's [18] Cross Motion. The parties shall FILE a Joint Status Report on or before 4/12/2019 proposing the next steps in this litigation. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made.

Keywords: re: Order on Motion for Summary Judgment, Order on Cross Motion, Reported Opinion. Contract; Contract Disputes Act of 1978, 41 U.S.C. §§ 7101-7109 (2012); Dredging Contract; Differing Site Condition Claim; Superior Knowledge Claim; Barge Traffic Delay Claim; Severe Weather Delay Claim; Completion Survey Delay Claim; Return of Liquidated Damages Claim; Equitable Adjustment Claim; Re-dredged Quantity Costs Claim; Summary Judgment; RCFC 56. (TQ)

REPORTED Order and OPINION granting in part and denying in part Plaintiff's request for costs and attorneys' fees. The Clerk is directed to enter final judgment for plaintiff in the amount of $4,387,899.54. Signed by Senior JudREPORTED Order and OPINION granting in part and denying in part [243] Plaintiff's request for costs and attorneys' fees. The Clerk is directed to enter final judgment for plaintiff in the amount of $4,387,899.54. Signed by Senior Judge Charles F. Lettow. (pp)ge Charles F. Lettow.

Keywords: re: Patent case; motion for award of attorneys' fees and expenses pursuant to 28 U.S.C. § 1498(a); prevailing plaintiffs; jurisdiction; standing; patent owners' fee agreements with counsel; findings regarding justification for the government's position; reasonable attorneys' fees, expense of expert witnesses, and costs.

REPORTED OPINION denying Motion for Reconsideration ; denying [436] Motion for Reconsideration ; (Proposed schedule for resolving remaining issues due by 3/22/2019). Signed by Senior Judge Nancy B. Firestone. (js) Service on parties made. (Main Document 466 replaced on 3/11/2019) (lld). (Main Document 466 replaced on 3/13/2019 to edit footnote 6 on page 19 of the opinion)

Keywords: re: Motion for Reconsideration; Fifth Amendment Taking; Missouri River; Flooding; Liability; Causation.