USCFC General Jurisdiction-Reported

REPORTED OPINION: granting Motion to Dismiss - Rule 12(b)(1); finding as moot [10] Motion for Order to Show Cause. The Clerk is directed to enter judgment. Signed by Senior Judge Marian Blank Horn. (ar) Service on parties made. [Sent via certified mail: 7017 1450 000 1346 2427]

Keywords: re: Pro Se Plaintiff; Motion to Dismiss; Jurisdiction; Tax Refund; Tax Liens; Slander' Fourteenth Amendment.

REPORTED OPINION and ORDER: denying Motion for Preliminary Injunction; denying [24] Motion for Call of Documents and Discovery ; granting [27] Motion to Dismiss - Rule 12(b)(1); denying [28] Motion to Investigate. The Clerk is directed to enter judgment. Each side shall bear its own costs. Signed by Judge Elaine D. Kaplan. (ar) Service on parties made. [Sent via certified mail: 7017 1450 000 1346 2403]

Keywords: re: Pro Se; Motion to Dismiss; Fort Laramie Treaty; Res Judicata; Claims Preclusion; Issue Preclusion; Iqbal; Twombly

REPORTED OPINION granting in part and denying in part Defendant's Motion to Dismiss - Rule 12(b)(1). Signed by Senior Judge Marian Blank Horn. (td) Service on parties made.

Keywords: Military Pay Case; Motion to Dismiss; Statute of Limitations; Appellate Review Leave; Restoration to Active Duty.

REPORTED OPINION granting Motion to Compel. Defendant shall respond by 1/18/2019. Signed by Senior Judge Mary Ellen Coster Williams. (TF3) Service on parties made.

Keywords: re: Motion to Compel; Attorney-Client Privilege; Waiver; Clean Water Act; 33 U.S.C. § 1323; Reasonable Service Charges. (TF3)

REPORTED OPINION: reflecting redactions from the opinion and order previously entered on December 21, 2018. Signed by Senior Judge Charles F. Lettow. (pp)REPORTED OPINION: reflecting redactions from the opinion and order previously entered on December 21, 2018. Signed by Senior Judge Charles F. Lettow.

Keywords: re: Post-award bid protest; shipbuilding contract; standing; supplementation of the administrative record; technical criteria for ship design and seakeeping; past performance evaluations; responsibility determination.

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

Keywords: Post-Award Bid Protest; Cross-Motions for Judgment on the Administrative Record; Disparate Treatment; Best-Value Trade-Off; Organizational Conflict of Interest.

REPORTED OPINION denying as moot Motion to Dismiss - Rule 12(b)(6); granting [52] Motion for Leave to File Second Amended Complaint. Signed by Senior Judge Mary Ellen Coster Williams. (TF3) Service on parties made.

Keywords: re: Patent Infringement; Motion for Leave to Amend Complaint; Voluntary Withdrawal of Claims; Dismissal Without Prejudice; Rule 15; Rule 41. (TF3)

REPORTED OPINION granting Motion for Summary Judgment; denying [30] Cross Motion. The Clerk is directed to enter judgment. Signed by Senior Judge Susan G. Braden. (aa) Service on parties made. Modified on 1/4/2019 to edit docket text

Keywords: re: Reported Opinion, Order on Motion for Summary Judgment, Order on Cross Motion [Dispositive] 26 U.S.C. § 6511 (Limitations On Credit Or Refund);26 U.S.C. § 6672 (Failure To Collect And Pay Over Tax);26 U.S.C. § 7121 (Closing Agreements);26 U.S.C. § 7422 (Civil Actions For Refund);28 U.S.C. § 1346 (United States As Defendant);28 U.S.C. § 1491 (Tucker Act);31 U.S.C. § 5314 (Records And Reports On Foreign Financial Agency Transactions);31 U.S.C. § 5321 (Civil Penalties);26 C.F.R. § 301.7701(b)-2(d)(1) (Closer Connection Exception);31 C.F.R. § 1010.350 (Reports Of Foreign Financial Accounts);31 C.F.R. § 1010.820 (Civil Penalty);RCFC 11(b) (Representations To The Court);RCFC 56 (Summary Judgment).

OPINION AND ORDER: granting in part and denying in part Motion to Dismiss - Rule 12(b)(1) and (6). The involuntary discharge claim is remanded for consideration to the AFBCMR. ( Status Report due by 3/27/2019). Signed by Senior Judge Susan G. Braden. (ac7) Service on parties made.

REPORTED OPINION: Granting Motion to Dismiss - Rule 12(b)(1) and (6); Denying as Moot [7] Motion to Amend Pleadings - Rule 15(b); Granting [2] Motion for Leave to Proceed in forma pauperis; The Clerk is directed to enter judgment. Signed by Chief Judge Margaret M. Sweeney. U.S. Certified Mail Tracking#7018 0040 0001 1393 1129(vds) Service on parties made.

Keywords: Pro Se Plaintiff; RCFC 12(b )(1 ); Subject-Matter Jurisdiction; Money-Mandating Source of Law; Equitable Relief; 28 U.S.C. § 1500; In Forma Pauperis

REPORTED OPINION Denying Motion for a TRO and Preliminary Injunction filed by FMS INVESTMENT CORP. Signed by Judge Thomas C. Wheeler. (dh) Service on parties made.

Keywords: re: Order on Motion for TRO and Preliminary Injunction, Reported Opinion: Pre-Award Bid Protest; Department of Education Loan Collections; Motion for Preliminary Injunction; Likelihood of Success on the Merits; Irreparable Harm; Balance of Hardships; Public Interests; 28 U.S.C. § 1491(b); RCFC 65(d); Granting Injunctive Relief.

OPINION AND ORDER denying Corrected Motion to Dismiss - Rule 12(b)(1) and (6); lifting [12] stay of briefing on [9] Motion for Summary Judgment; Response due by 1/17/2019. Signed by Judge Elaine D. Kaplan. (feb) Service on parties made

Keywords re OPINION AND ORDER on Motion to Dismiss: Housing Act of 1937; HUD; Breach of Contract; Money Mandating; Holmes v. United States; Presumption of Money Damages.

REPORTED OPINION granting Motion to Dismiss. The Clerk is directed to enter judgment. Signed by Senior Judge Loren A. Smith. (dp) Service on parties made.

Keywords: Motion to Dismiss; Failure to State a Claim; Motion for Summary Judgment; Statute of Limitations; Breach of Contract re: Order on Motion to Dismiss, Reported Opinion.

REPORTED OPINION reissuing for publication Opinion and Order denying [17] Motion for Judgment on the Administrative Record and granting [20] Motion for Judgment on the Administrative Record. Signed by Chief Judge Margaret M. Sweeney.

Keywords: re: Reported Opinion -- Postaward Bid Protest; RCFC 52.1; Cross-Motions for Judgment on the Administrative Record; Clarifications

REPORTED OPINION finding as moot Motion for Leave to Proceed in forma pauperis; and granting [6] Motion to Dismiss - Rule 12(b)(1). The Clerk is directed to enter judgment. Signed by Senior Judge Marian Blank Horn. (dls) Service on parties made. (Plaintiff served via certified mail; Article No. 7018 0040 0001 1393 1075)

Keywords: re: Pro Se Plaintiff; Motion to Dismiss; Subject Matter Jurisdiction; In Forma Pauperis; 28 U.S.C. § 1500.

REPORTED OPINION on Motion to Dismiss - Rule 12(b)(1). (Joint Status Report Regarding Proper Transferee Court due by 1/11/2019). Signed by Chief Judge Margaret M. Sweeney. (lfh) Service on parties made.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1), Reported Opinion -- RCFC 12(b)(1); Subject Matter Jurisdiction; Tucker Act Preemption; 28 U.S.C. § 1631; Judicial Transfer; Medicare Act

REPORTED OPINION. Joint status report due 1/14/2019. Signed by Chief Judge Margaret M. Sweeney. (pp) Service on parties made.

Keywords re: Reported Opinion -- Rails-to-Trails; Valuation Trial; Yellow Book; Value of Property Rights Remaining in the Servient Estate; Special Benefit; General Benefit; Severance Damages; Verification; Comparable Sales; Adjustments.

REPORTED OPINION reissuing for publication Opinion and Order denying [20] Motion for Judgment on the Administrative Record and granting [22] 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 on the Administrative Record; Blue & Gold Fleet

REPORTED OPINION denying Motion for Judgment on the Pleadings. The parties shall file a joint status report by no later than 1/10/2019 suggesting further proceedings. Signed by Chief Judge Margaret M. Sweeney.

Keywords: re: Motion for Judgment on the Pleadings; RCFC 12(c); RCFC 12(b)(6); Indemnification; Duty to Defend

REPORTED OPINION and ORDER: granting Motion to Dismiss - Rule 12(b)(1); The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler. (ar) Service on parties made. [Sent via certified mail: 7017 1450 0000 1346 2366]

Keywords: re: Statute of Limitations; Retroactive Promotion; Military Pay; Non-Justiciable Claims.