USCFC General Jurisdiction-Reported

REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1) and (6); denying [175] Motion for Summary Judgment; granting [183] Cross Motion. Status Conference set for 2/26/2020 at 03:00 P.M. in Chambers (telephonic) before Senior Judge Loren A. Smith. Signed by Senior Judge Loren A. Smith. (mr) Service on parties made.

Keywords: Fifth Amendment Taking; Motion to Dismiss; RCFC 12(b)(6); Motion for Summary Judgment; Act of God; Perfect Flood Control; Flood Control Act of 1928; 33 U.S.C. § 702c (2018); Flood Water; Protected Property Interest; Property Right. re: [203].

REPORTED OPINION granting Motion for Partial Summary Judgment. Joint Status Report due by 03/09/2020. Signed by Chief Judge Margaret M. Sweeney. (am) Service on parties made.

Keywords: re: Rails-to-Trails; Cross-Motions for Partial Summary Judgment; RCFC 56; RCFC 42; Just Compensation; Delay Damages; Appropriate Interest Rate; Prudent Investor Rule; Compound Interest

REPORTED OPINION. (Reissuance of SEALED CLAIM CONSTRUCTION ORDER AND OPINION) Signed by Senior Judge Eric G. Bruggink. (wr) Service on parties made.

Keywords: re: Reported Opinion: Patents; claim construction; Markman hearing; plain and ordinary meaning; extrinsic evidence; sequence.

REPORTED OPINION granting in part and denying in part Motion to Dismiss - Rule 12(b)(1) and (6). Signed by Judge Elaine D. Kaplan. (arlr) Service on parties made.

Keywords re Order on Motion to Dismiss - Rule 12(b)(1) and (6), Reported Opinion: Motion to Dismiss; RCFC 12(b)(6); RCFC 12(b)(1); Takings Clause; Fifth Amendment; Flooding; Standing.

REPORTED MEMORANDUM OPINION AND ORDER denying the government's motion to dismiss. Answer due by 2/19/2020. Signed by Judge Lydia Kay Griggsby. (jp) Service on parties made.

Keywords: RCFC 12(b)(1); Subject-Matter Jurisdiction; 5 U.S.C. § 5538; Differential Pay, re: Reported Memorandum Opinion and Order.

REPORTED OPINION: Reflecting redactions from the opinion and order previously entered on January 30, 2020. Signed by Senior Judge Charles F. Lettow.

Keywords [48]: Post-award bid protest; reasonableness of agency's evaluation of an offeror's management and organization; agency's discretion whether to seek clarification.

REPORTED OPINION granting Motion for Protective Order. Signed by Judge Elaine D. Kaplan. (feb) Service on parties made.

Keywords re Opinion and Order on Motion for Protective Order: Protective Order; Anonymity; FLSA; Overtime Pay; Federal Bureau of Investigation; English Monitor Analyst

PUBLIC OPINION reissuing SEALED OPINION and ORDER. Signed by Senior Judge Loren A. Smith. (kn) Service on parties made.

Keywords: Pre-Award Bid Protest; Post-Award Bid Protest; Tucker Act; Administrative Procedure Act; Federal Supply Schedule; Schedule 70; Solicitation Amendment; Task Order; Best Value; Standing; Blue & Gold Fleet, L.P. v. United States; Waiver; Agency-Level Protest; Best Value; Technical Evaluation. Re: Reported Order.

REPORTED OPINION Denying MOTION to Dismiss pursuant to Rule 12(b)(1) and Rule 14 Response filed by ASM RESARCH, LLC. (Status Report due by 2/14/2020). Signed by Judge David A. Tapp. (jm) Service on parties made.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1), Motion to Dismiss, RCFC 12(b)(1), Subject Matter Jurisdiction, 28 U.S.C. § 1500, Government Proxy, Res Judicata, Copyright Infringement, Pending Claims, United States v. Tohono OOdham Nation, 563 U.S. 307, 31011 (2011), National Cored Forgings Co. v. United States, 132 Ct. Cl. 11, 1719 (1955), Davis v. United States, 642 Fed. Appx 982, 985 (Fed. Cir. 2016), UNR Indus., Inc. v. United States, 962 F.2d 1013, 101819 (Fed. Cir. 1992).

REPORTED OPINION denying Motion to Dismiss - Rule 12(b)(6). Signed by Judge Ryan T. Holte. (nb7) Service on parties made.

Keywords: re: Patent Infringement; RCFC 12(b)(6); Motion to Dismiss; 35 U.S.C. § 101; Patent-ineligible Subject Matter; Abstract Idea.

Re-docketed for posting to the court's website. REPORTED OPINION: Denying Motion for a PI and findings moot Motion for TRO. Opinion originally filed under seal on 1/28/2020. Signed by Senior Judge Nancy B. Firestone. (ac7) Service on parties made.

Keywords: re: Reported Opinion: Bid Protest; Post-Award; Preliminary Injunction.

REDOCKETED FOR PUBLICATION REPORTED OPINION directing the clerk to enter judgment. Signed by Chief Judge Margaret M. Sweeney. (ac7)

Keywords: Pro Se Plaintiff; Jurisdiction; Sua Sponte Dismissal. (ac7)Keywords: re: Reported Opinion. Pro Se Plaintiff; Jurisdiction; Sua Sponte Dismissal.

REPORTED ORDER; ECF No. 169 reissued with redactions. Signed by Judge David A. Tapp. (jm) Service on parties made.

REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1) and (6); denying [6] Motion for Default Judgment The Clerk is directed to enter judgment. Signed by Senior Judge Charles F. Lettow. (tb) Service on parties made. (Plaintiff served via certified mail: Article No. 7018 2290 0000 5183 9164)

Keywords: Claim for whistleblower award under Internal Revenue Code § 7623; unavailability of a remedy in contract because of statutorily mandated appeal to the Tax Court under I.R.C. § 7623(b)(4).

REPORTED OPINION denying Motion for Partial Summary Judgment; granting [82] Cross Motion. The Clerk is directed to enter judgment. Signed by Senior Judge Eric G. Bruggink. (wr) Service on parties made.

Keywords: re: Order on Motion for Partial Summary Judgment, Order on Cross Motion [Dispositive], Reported Opinion: Contracts; termination for convenience; allowable costs; FAR 52.249-2 (1996); FAR 31.205-42(b) (2018); summary judgment; upgrade costs; utilities.

REPORTED OPINION (Public) granting motion for clarification, denying motion for reconsideration, denying as moot motion for preliminary injunction. Signed by Senior Judge Nancy B. Firestone. (lb) Service on parties made.

Keywords re Reported Opinion: Preliminary Injunction; Motions for Reconsideration; RCFC 59; RCFC 60.

REPORTED OPINION of the court's **SEALED**OPINION issued on 1/9/2020, see ECF No. [31], on First MOTION to Transfer to ASBCA filed by USA, granting in part, as to transfer to the ASBCA, and denying in part, as to the request for consolidation, as the court is without authority to direct proceedings before the Board. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made.

Keywords: re: Reported Opinion, Motion to Transfer; 41 U.S.C. § 7107(d) (2012). (TQ)

REPORTED ORDER reissuing for publication Order denying [42] Motion for Reconsideration - Rule 59(a) and denying [42] Motion for Relief from Judgment - Rule 60. Signed by Chief Judge Margaret M. Sweeney.

Keywords: re: Postaward Bid Protest; Motion for Reconsideration; RCFC 59; Motion for Relief from a Judgment; RCFC 60

REPORTED OPINION granting Motion for Attorney Fees as to entitlement. Signed by Senior Judge Mary Ellen Coster Williams. (ag) Service on parties made. Modified on 1/24/2020 - corrected docket text (jt1).

Keywords: re: Patent Infringement; Motion for Attorney Fees; 35 U.S.C. § 285; Exceptionality; Prevailing Party.

REPORTED ORDER denying MOTION to Stay Pending Appeal filed by EMERGENCY PLANNING MANAGEMENT, INC.. Signed by Judge Thomas C. Wheeler. (sb) Service on parties made.

Keywords: re: Order on Motion to Stay, Reported Order; Motion for Stay Pending Appeal; RCFC 62; Factors to be Considered; Analysis of Likelihood of Success on the Merits; Irreparable Harm; Balance of Harms to Government; Effect on Public Interest.