USCFC General Jurisdiction-Reported

REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1); granting [24] Motion to Dismiss - Rule 12(b)(1). Signed by Senior Judge Marian Blank Horn. (jm5) Service on parties made.

Post-Award Bid Protest; Motion to Dismiss; Standing; Trade-Off Analysis. Keywords: re: Reported Opinion

REPORTED OPINION granting Motion to Dismiss with respect to plaintiff William Koopmann. Signed by Judge Eleni M. Roumel. (srb1) Service on parties made. Modified on 10/1/2020 to clarify docket text (sh). (Main Document 363 replaced on 1/11/2021 to correct typo)

REPORTED OPINION granting Motion to Dismiss with respect to Plaintiff William C. Brashear; denying [117] CROSS MOTION and RESPONSE to [114] Motion to Dismiss. Signed by Judge Eleni M. Roumel. (srb1) Service on parties made. Modified on 10/1/2020 to clarify docket text

REPORTED OPINION granting in part and denying in part Motion for Review of Clerk's Award of Costs. Signed by Chief Judge Margaret M. Sweeney. (kb1)

Keywords: re: Order on Motion for Miscellaneous Relief, Reported Opinion -- RCFC 54(d)(1); Motion for Review of Clerk's Taxation of Costs; 28 U.S.C. § 1920(2); Costs of Daily Trial Transcript for Days of Trial During Which Testimony Was Heard on an Unsuccessful Claim; Allocation of Costs

REPORTED OPINION GRANTING IN PART the Governments Motion for Judgment on the Administrative Record as to LCDR Fords claim for military disability benefits; DENYING LCDR Fords Motion for Judgment on the Administrative Record; and REMANDING LCDR Fords LOD claims to the BCNR for a period of 180 days. Due to the remand, the Court DISMISSES as moot the Governments Motion for Partial Dismissal. All pending motions not otherwise disposed of here are DISMISSED as moot. It is ORDERED (1) that this case is STAYED pending the outcome of the BCNRs review; (2) that Defendant shall file a status report every 90 days to advise the Court of the progress of the remand proceedings; and (3) that within 30 days following the BCNR decision on remand, both LCDR Ford and the Government shall file a statement with this Court indicating how they wish to proceed.Signed by Judge Thomas C. Wheeler. (jt1) Service on parties made.

Keywords: re: Judicial Review of Board for Correction of Naval Records; Cross-Motions for Judgment on the Administrative Record; Military Disability Retirement and Incapacitation Pay.

REPORTED OPINION granting Motion to Amend Pleadings - Rule 15(b). Amended Answer due by 10/30/2020. Signed by Chief Judge Margaret M. Sweeney. (kb1)

Keywords: re: Order on Motion to Amend Pleadings - Rule 15(b), Reported Opinion -- Affordable Care Act; RCFC 15(a)(2); Motion for Leave to Amend Answer to Assert Counterclaims for Setoff; Undue Delay; Prejudice; Futility; 28 U.S.C. §§ 1503, 2508; McCarran-Ferguson Act, 15 U.S.C. § 1012

REPORTED OPINION granting Motion to Dismiss. The Court GRANTS defendant's Motion and DISMISSES the Complaint pursuant to RCFC 12(b)(1) and, in the alternative (with respect to Counts II - IV), RCFC 12(b)(6). No costs. The Clerk is directed to enter judgment accordingly. Signed by Judge Matthew H. Solomson. (eav) Service on parties made. Modified by replacing PDF on 9/30/2020 (ead). Modified by replacing PDF on 10/1/2020

Keywords re Order on Motion to Dismiss - Rule 12(b)(1) and (6): RCFC 12(b)(1); RCFC 12(b)(6); Tucker Act jurisdiction; Indian Tucker Act; statute of limitations; 28 U.S.C. § 2501; claim accrual; tolling; meaningful accounting; Indian Trust Accounting Statute; American Indian Trust Fund Management Reform Act; usufructuary water rights.

REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1) and (6). The Clerk is directed to enter judgment. Signed by Chief Judge Margaret M. Sweeney. (am) Service on parties made.

Keywords: re: RCFC 12(b)(1); Motion to Dismiss; Jurisdiction; Breach of Settlement Agreement; Enforcement of EEOC Order; Statute of Limitations

REPORTED OPINION granting in part and denying in part Motion to Dismiss - Rule 12(b)(1) and (6). Answer due by October 15, 2020. Signed by Senior Judge Charles F. Lettow.

Keywords: re: Dispute over charges payable for operation and maintenance under a contract entered pursuant to the Water Supply Act of 1958; timeliness; applicability of the continuing claim doctrine.

REPORTED OPINION AND ORDER. Unsealed version of [51]: The Clerk is directed to enter judgment. Denying Motion to Supplement the Administrative Record; denying [25] Motion for Judgment on the Administrative Record; granting [30] Cross Motion for Judgment on the Record; granting [31] Motion for Judgment on the Record. Signed by Judge Ryan T. Holte. (tjw) Service on parties made. Modified on 9/29/2020 to add language from the Sealed Opinion and Order

Keywords: re: Reported Opinion and Order. Bid protest; International Trade Commission ("ITC"); Cryptographic Module Validation Program ("CMVP"); supplementation of the administrative record.

REPORTED OPINION denying plaintiffs' motion for partial summary judgment and granting [37] defendant's cross motion. Joint status report due 10/1/2020. Signed by Senior Judge Nancy B. Firestone. (lb) Service on parties made.

Keywords re Order on Motion for Partial Summary Judgment, Reported Opinion: Motion for Summary Judgment; Rails-to-Trails; Oregon Law; State Law Abandonment

REPORTED OPINION denying plaintiffs' motion for partial summary judgment and granting [156] defendant's cross motion. Joint status report due 10/1/2020. Signed by Senior Judge Nancy B. Firestone. (lb) Service on parties made.

Keywords re Order on Motion for Partial Summary Judgment, Reported Opinion: Motion for Summary Judgment; Rails-to-Trails; Oregon Law; State Law Abandonment

REPORTED OPINION denying plaintiffs' motion for partial summary judgment and granting [121] defendant's cross motion. Joint status report due 10/1/2020. Signed by Senior Judge Nancy B. Firestone. (lb) Service on parties made.

Keywords re Order on Motion for Partial Summary Judgment, Reported Opinion: Motion for Summary Judgment; Rails-to-Trails; Oregon Law; State Law Abandonment (lb)Keywords re [128] Order on Motion for Reconsideration - Rule 59(a), Reported Order: RCFC 59(a); RCFC 54(b); Reconsideration; Rails-to-Trails; Oregon Law; Adjacency

REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1) and (6). The Clerk is directed to enter judgment. Signed by Chief Judge Margaret M. Sweeney. (jb2) Service on parties made; plaintiff served via U.S. mail to address on docket and to Willow Run Condos, 2000 Greens Blvd; Unit 14D, Myrtle Beach, SC 29577. Plaintiff also received electronic notification of the filing.

Keywords: re: Pro Se Plaintiff; RCFC 12(b)(1); RCFC 12(b)(6); Tax Refund Suit; Claims Against Individuals; Torts; Criminal Violations; Due Process; Taxpayer Bill of Rights; Prior Decision of Tax Court for Same Tax Year; Res Judicata; Illegal Collection; Flora Full Payment Rule; I.R.C. §§ 6402(a), 6512(a), 7421(a), 7433(a), 7482(a)(1), 7803(a)(3).

REPORTED OPINION. Signed by Senior Judge Marian Blank Horn. (dl1) Service on parties made.

Keywords: re: Post-Award Bid Protest; Mixed-Transaction Contract; Subject-Matter Jurisdiction; Standing; Cross-Motions for Judgment on the Administrative Record.

REPORTED Order granting Motion to Dismiss; denying [77] Motion for Leave to File supplemental briefing regarding GAO report The Clerk is directed to enter judgment. Signed by Senior Judge Eric G. Bruggink. (jpk1) Service on parties made.

Keywords: re: Order on Motion to Dismiss, Order on Motion for Leave to File, Reported Order: Bid protest; Prime vendor contracts; Contract modification; Injunction; Balance of harms; Remand after appeal; Jurisdiction; Mootness.

REPORTED ORDER granting in part and denying in part Motion for Reconsideration. Joint status report due by 10/1/2020. Signed by Senior Judge Nancy B. Firestone. (lb) Service on parties made.

Keywords re Order on Motion for Partial Summary Judgment, Reported Opinion: Motion for Summary Judgment; Rails-to-Trails; Oregon Law; State Law Abandonment (lb)Keywords re [128] Order on Motion for Reconsideration - Rule 59(a), Reported Order: RCFC 59(a); RCFC 54(b); Reconsideration; Rails-to-Trails; Oregon Law; Adjacency

REPORTED Order denying Motion for Judgment on the Administrative Record; granting [37] Cross Motion The Clerk is directed to enter judgment. Signed by Judge David A. Tapp. (jm) Service on parties made.

Keywords: re: Order on Motion for Judgment on the Admin. Record, Order on Cross Motion [Dispositive], 10 U.S.C. § 1372; Military Pay; Army Board for Correction of Military Records; temporary service; RCFC 52.1; Judgment on the Administrative Record

REPORTED OPINION denying Motion for Summary Judgment; granting [16] Cross Motion. Status Report due by 9/30/20. Signed by Senior Judge Charles F. Lettow.

Keywords: re: Claim for overpayment interest on refund of income taxes; 26 U.S.C. § 6611; genuine issue of material fact precluding summary judgment; discovery allowed; RCFC 56(d).

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.