USCFC General Jurisdiction-Reported

REPORTED OPINION granting in part and denying in part Motion for Summary Judgment; denying [42] Motion for Summary Judgment. Defendant shall file any objections to the reasonableness of the amount of plaintiff's claimed attorneys' fees on or before 2/14/2020. Plaintiff shall file its reply on or before 2/28/2020. Signed by Senior Judge Charles F. Lettow.

Keywords re: Reported Opinion:Contractors claim for partial reimbursement of legal fees incurred in successful defense of qui tam suit; application of the Spearin doctrine; equitable adjustment; FAR Part 31.

REPORTED OPINION of the court's sealed OPINION and ORDER issued on December 23, 2019, ECF No. [29], defendants motion to dismiss is GRANTED in part, as to Counts I, II, and IV of the complaint, and DENIED in part as to Count III of the complaint. Pursuant to RCFC 54(b), as there is no just reason for delay, the Clerk is directed to enter judgment, dismissing Counts I, II, and IV of the complaint, without prejudice, for lack of subject matter jurisdiction. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made.

Keywords: re: Reported Opinion. Post-Award Bid Protest; Motion to Dismiss, RCFC 12(b)(1); Partial Dismissal of Protest, RCFC 12(h)(3); [ ] Performance Evaluation for Prior Contract Performance; Courts Bid Protest Jurisdiction Does Not Include Direct Challenges to Performance Evaluations in Other Contracts. (TQ)

REPORTED OPINION: Granting-in-Part Motion for Summary Judgment. The Clerk is directed to enter judgment. Signed by Judge David A. Tapp. U.S. Postal Service Certified Mail Receipt Tracking# 7018 1830 0001 4963 6502(vds) Service on parties made.

REPORTED OPINION. The Clerk is directed to enter judgment. Signed by Senior Judge Marian Blank Horn. (jm5) Service on parties made. (Main Document 71 replaced on 1/17/2020 to correct a typo in the case caption.)

Keywords: re: Reported Opinion: Trial; Tax; Federal Tax Deductions; Theft Loss; 165 U.S.C. § 165; Treas. Reg. 1.165; State law; Constructive Sale. (jm5) Modified on 1/17/2020 (sh).

REPORTED OPINION. The Clerk is directed to enter judgment. Signed by Senior Judge Marian Blank Horn. (jm5) Service on parties made. (Main Document 66 replaced on 1/17/2020 to correct a typo in the case caption.)

Keywords: re: Reported Opinion: Trial; Tax; Federal Tax Deductions; Theft Loss; 165 U.S.C. § 165; Treas. Reg. 1.165; State law; Constructive Sale. (jm5) Modified on 1/17/2020 (sh).

REPORTED OPINION Status Report due by 1/27/2020. Signed by Judge Ryan T. Holte. (es) Service on parties made. Modified on 2/19/2020 - corrected text (jt1).

Keywords: re: Work Product Doctrine; Motion to Compel; RCFC 26(b)(3).

REPORTED OPINION. The Clerk is directed to enter judgment. Signed by Senior Judge Marian Blank Horn. (jm5) Service on parties made. (Main Document 64 replaced on 1/17/2020 to correct a typo in the case caption.)

Keywords: re: Reported Opinion: Trial; Tax; Federal Tax Deductions; Theft Loss; 165 U.S.C. § 165; Treas. Reg. 1.165; State law; Constructive Sale. (jm5) Modified on 1/17/2020 (sh).

REPORTED OPINION. Signed by Senior Judge Marian Blank Horn. (jm5) Service on parties made.

Keywords: re: Reported Opinion: Pre-Award Bid Protest; Cross-Motions for Judgment on the Administrative Record; Standing; Rule of Two Doctrine; Service-Disabled Veteran-Owned Small Business. (jm5) Modified on 1/17/2020 (sh).

REPORTED OPINION denying Motion to Dismiss pursuant to Rules 12 (b)(1) and (6); denying [23] Motion to Strike [22] Defendant's Notice of Additional Exhibit. Joint Preliminary Status Report due by 2/4/2020. Signed by Judge Elaine D. Kaplan. (feb) Service on parties made.

Keywords re Reported Opinion: Motion to Dismiss; Subject-Matter Jurisdiction; 28 U.S.C. § 1491(a)(2); Contract Disputes Act; 10 U.S.C. § 2321; DFARS; Proprietary Information; Vendor List; Technical Data; Government Purpose Rights.

REPORTED OPINION dimissing Complaint and granting [2] Motion for Leave to Proceed in forma pauperis. The Clerk is directed to enter judgment. Signed by Chief Judge Margaret M. Sweeney. (tb) Service on parties made. (Plaintiff served via certified mail; Article No. 7018 2290 0000 5183 0126)

Keywords: Order on Motion for Leave to Proceed in forma pauperis and [1] Dismissing Complaint Reported Opinion; Pro Se Plaintiff; Jurisdiction; Sua Sponte Dismissal.

REPORTED OPINION denying Motion for Summary Judgment; denying [108] Cross-Motion for Summary Judgment. Signed by Senior Judge Nancy B. Firestone. (lb) Service on parties made.

Keywords re Reported Opinion: Cross-Motions for Summary Judgment; RCFC 56; Disputed Issues of Fact; Unforeseen Costs; Cost Plus Percentage of Cost; Fixed Fee Equitable Reduction.

REPORTED Public Opinion denying Motion for Relief from Judgment - Rule 60. Signed by Judge Elaine D. Kaplan. (arlr) Service on parties made.

REPORTED MEMORANDUM OPINION and ORDER denying Navistar's motions for judgment on the administrative record; granting the government's consolidated cross-motion for judgment on the administrative record; granting Oshkosh's cross-motion for judgment on the administrative record; granting in part Navistar's motion to strike the declaration of Lt. Col. Michael K. Riley; granting Navistar's motion to strike the Army's Determination and Findings dated September 19, 2016, and certain references to a July 12, 2019 telephone call; denying as moot Navistar's motion for TRO; denying as moot Navistar's motion for preliminary injunction; denying as moot Navistar's motions to complete the administrative record and for leave to conduct limited depositions; and dismissing the complaints. Signed by Judge Lydia Kay Griggsby. (jp) Service on parties made.

Keywords: Post-Award Bid Protest; Competition in Contracting Act (CICA); Sole-Source Award; 41 U.S.C. § 3304; FAR § 1.704; FAR § 6.302-7; Motion For Judgment Upon The Administrative Record; RCFC 52.1, re: Reported Memorandum Opinion and Order.

REPORTED OPINION granting Defendant Motion to Dismiss - Rule 12(b)(1); granting [14] Defendant-Intervenor Motion to Dismiss - Rule 12(b)(1) The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler. (sb) Service on parties made.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1); Reported Opinion; Bid Protest; Standing; Prejudice; Substantial Chance; Direct Economic Interest; Subject-Matter Jurisdiction; Motion to Dismiss; RCFC 12(b)(1); RCFC 12(b)(6); Small Business Administration; Bundling; Cancellation of Solicitation; Sole-Source Award.

REPORTED MEMORANDUM OPINION and ORDER denying Navistar's motions for judgment on the administrative record; granting the government's consolidated cross-motion for judgment on the administrative record; granting Oshkosh's cross-motion for judgment on the administrative record; granting in part Navistar's motion to strike the declaration of Lt. Col. Michael K. Riley; granting Navistar's motion to strike the Army's Determination and Findings dated September 19, 2016, and certain references to a July 12, 2019 telephone call; denying as moot Navistar's motion for TRO; denying as moot Navistar's motion for preliminary injunction; denying as moot Navistar's motions to complete the administrative record and for leave to conduct limited depositions; and dismissing the complaints. Signed by Judge Lydia Kay Griggsby. (jp) Service on parties made.

Keywords: Post-Award Bid Protest; Competition in Contracting Act (CICA); Sole-Source Award; 41 U.S.C. § 3304; FAR § 1.704; FAR § 6.302-7; Motion For Judgment Upon The Administrative Record; RCFC 52.1, re: Reported Memorandum Opinion and Order.

REPORTED ORDER and OPINION. Signed by Senior Judge Edward J. Damich. (lp1) Service on parties made.

Keywords: re: Reported Order, Claim Construction; Phillips v. AWH Corp., 415 F.3d 1303 (Fed. Cir. 2005); 35 U.S.C. § 112; Vitronics Corp. v. Conceptronic, Inc., 90 F.3d 1576 (Fed. Cir. 1996); Means-Plus-Function; Supplemental Briefing.

REPORTED OPINION: Report of the Review Panel. Signed by Presiding Officer Senior Judge Charles F. Lettow, Judge Patricia E. Campbell-Smith, and Senior Judge Nancy B. Firestone. (Attachments: # (1) Appendix Hearing Officer Report, # (2) Exhibit Joint Stipulation, # (3) Exhibit Photos of Affected Land, # (4) Exhibit Settlement Agreements). Note: Exhibit #4 from the hearing officer's report has been omitted.

Keywords re Report of the Review Panel: Congressional reference; settlement.

REPORTED ORDER denying Motion to Amend Pleadings - Rule 15(b) on Requested Grounds. filed by USA. Signed by Senior Judge Nancy B. Firestone. (gd) Service on parties made.

Keywords: re: Order on Motion to Amend Pleadings - Rule 15(b), Reported Order: Motion to Amend Answer, RCFC 15; Taking; Fifth Amendment; Affirmative Defense; Sponenbarger; Relative Benefits; Futility; Flooding

REPORTED ORDER granting in part and denying in part Motion for Sanctions. Signed by Judge Richard A. Hertling. (ah) Service on parties made. Modified on 1/21/2020 - corrected text(jt1).

Keywords: re: Order on Motion for Sanctions - Rule 37, Reported Order, Sanctions, Spoliation, Adverse Inference

REPORTED OPINION of the court's December 16, 2019 opinion, see ECF No. [36], granting Motion to Dismiss - Rule 12(b)(1); denying [32] Motion for Leave to File; and denying [27] Motion to Supplement Pleadings - Rule 15(d). The Clerk is directed to enter final judgment for defendant dismissing plaintiff's complaint for lack of subject matter jurisdiction, pursuant to RCFC 12(h)(3), without prejudice. On or before 1/20/2020, counsel for the parties shall CONFER and FILE a notice of filing, attaching a proposed redacted version of this opinion, with any material deemed proprietary blacked out, so that a copy of the opinion can then be made available in the public record of this matter. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made.

Keywords: re: Reported Opinion. Motion to Dismiss for Lack of Subject Matter Jurisdiction; RCFC 12(b)(1); No Procurement Challenged. (TQ)