USCFC General Jurisdiction-Reported

REPORTED ORDER denying Motion to Dismiss - Rule 12(b)(6) in 19-310; denying [125] Motion to Dismiss - Rule 12(b)(1) in 19-310; granting [136] Motion to dismiss and motion for partial summary judgment in 18-1043; denying [156] Motion for Extension of Time to Complete Discovery. Status Report due by 4/6/2020. Signed by Judge Elaine D. Kaplan. (arlr) Service on parties made.

Keywords re: Order on Motion to Dismiss - Rule 12(b)(6), Order on Motion to Dismiss - Rule 12(b)(1), Order on Motion to dismiss and for partial summary judgment. Motion to Dismiss; Motion for Summary Judgment; Breach of Contract; Government Contracts; Performance Work Statement.

REPORTED OPINION of **SEALED**OPINION AND ORDER granting [130] Motion for Preliminary Injunction, filed by plaintiff. The United States, by and through the Department of Defense, its officers, agents, and employees, is hereby PRELIMINARILY ENJOINED from proceeding with contract activities under Contract No. HQ0034-20-D-0001, which was awarded under Solicitation No. HQ0034-18-R-0077, until further order of the court. Pursuant to RCFC 65(c), plaintiff is directed to PROVIDE security in the amount of $42 million for the payment of such costs and damages as may be incurred or suffered in the event that future proceedings prove that this injunction was issued wrongfully. As such, on or before 2/20/2020, plaintiff is directed to FILE a notice of filing on the docket in this matter indicating the form of security obtained, and plaintiff shall PROVIDE the original certification of security to the clerk of court. The clerk shall HOLD the security until this case is closed. On or before 2/27/2020, the parties are directed to CONFER and FILE a notice of filing attaching a proposed redacted version of this opinion, with any competition-sensitive or otherwise protectable information blacked out. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made.

Keywords: re: Reported Opinion. Bid-Protest; Temporary Restraining Order; Preliminary Injunction; Requirement of Security; RCFC 65. (TQ)

REPORTED OPINION AND ORDER denying Motion for Summary Judgment; denying [78] Motion for Summary Judgment. The parties shall adhere to the schedule set forth in the Courts February 28, 2020 Pretrial Order [97]. Signed by Judge David A. Tapp. (co) Service on parties made.

Keywords re: Reported Opinion and Order on Motion for Summary Judgment: Tax; RCFC 56; 26 U.S.C. § 6226; 26 U.S.C. § 199; I.R.C. § 1.199-3; Advertising Income; Benefits and Burdens of Ownership; ADVO, Inc. v. Commissioner, 141 T.C. 298 (2013); Meredith Corp. v. United States, 405 F.Supp. 3d 795 (S.D. Iowa 2019).

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

Keywords: re: Reported Opinion: Pre-Award Bid Protest; Cancellation; Motion to Dismiss; Lack of Subject-Matter Jurisdiction; Standing.

REPORTED Order of Dismissal granting Motion for Leave to Proceed in forma pauperis for the limited purposes of this order; denying [8] Motion for Mediation and Settlement; granting [6] Motion to Dismiss. The Clerk of Court is directed to dismiss without prejudice Ms. Lewis' complaint for lack of subject matter jurisdiction under Rule 12(b)(1) of the Rules of the United States Court of Federal Claims. The Clerk is directed to enter judgment. Signed by Senior Judge Nancy B. Firestone. (rp) Service on parties made. Plaintiff served via certified mail # 7014 1200 0000 9093 5845.

Keywords re Reported Order of Dismissal: Pro Se; Dismissal for Lack of Subject Matter Jurisdiction; Rule 12(b)(1); Violations of the Civil Justice Reform Act; Civil Rights Act; Unjust Imprisonment Claims; Request for Removal of Federal Judge from Office.

REPORTED OPINION deferring ruling on Motion for Summary Judgment and deferring ruling on [48] Cross-Motion for Summary Judgment. The scheduling order currently in effect is suspended. The court will hold a telephonic status conference on March 16, 2020 at 10:00 a.m. EDT to address a schedule for further proceedings. The court will initiate the call. Signed by Senior Judge Charles F. Lettow.

Keywords re Reported Opinion: Statutory and contractual claims; Santini-Burton Act, Southern Nevada Public Land Management Act; alleged breach of contractual term requiring a sale of property to be made at fair market value; contested evidence of intentional waiver.

REPORTED ORDER granting Motion for Partial Summary Judgment; denying [74] Cross Motion; ( Joint Status Report due by 3/20/2020). Signed by Senior Judge Eric G. Bruggink. (rr) Service on parties made.

Keywords: Fifth Amendment Taking; Rails-to-Trails; Motion for Partial Summary Judgment; RCFC 56; Trails Act; Florida Law; Right-of-Way re: Order on Motion for Partial Summary Judgment, Order on Cross Motion [Dispositive], Reported Order

REPORTED MEMORANDUM OPINION and ORDER granting the governments motion to dismiss; denying Relyants motion for a preliminary injunction; and dismissing the complaint. Signed by Judge Lydia Kay Griggsby. (jw) Service on parties made.

Keywords: Post-Award Bid Protest; Preliminary Injunction; RCFC 65, re: Reported Memorandum Opinion and Order.

PUBLIC REPORTED OPINION Granting in part and denying in part MOTION for Judgment on the Administrative Record filed by THE GREEN TECHNOLOGY GROUP, LLC; Granting in part and denying in part [48] CROSS MOTION and RESPONSE to 45 Motion for Judgment on the Administrative Record, filed by USA, and [47] CROSS MOTION and RESPONSE to 45 Motion for Judgment on the Administrative Record, filed by LINTECH GLOBAL, INC. Signed by Judge Richard A. Hertling. (abg) Service on parties made.

Keywords: re: Cross-Motions for Judgement on the Administrative Record; RCFC 52.1; unbalanced pricing; disparate treatment; technical evaluation; past performance evaluation.

REPORTED OPINION Granting Motion to Dismiss, filed by the United States. The Court will issue an order in accordance with this decision. Signed by Judge Richard A. Hertling. (abg) Service on parties made.

Keywords: re: Reported Opinion, [38] Order on Motion to Dismiss: RCFC 12(b)(1); Amended Tax Return; Tax Refund Claim; Signature Requirement; Chevron Deference; Kisor Deference; Waiver.

REPORTED OPINION on MOTION to Dismiss pursuant to Rules 12 (b)(1) and (6) With Appendix filed by USA (Joint Status Report due by 3/18/2020) granting in part and denying in part [7] Motion to Dismiss - Rule 12(b)(1) and (6). Signed by Senior Judge Nancy B. Firestone. (gd) Service on parties made.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1) and (6), Motion To Dismiss; RCFC 12(b)(6); Failure to State a Claim; Contract Disputes Act; Equitable Subrogation; Takeover Contract; Materials Outside the Complaint

CORRECTED REPORTED OPINION Denying Plaintiffs' Motion for Summary Judgment; Granting [36] the United States' Cross-Motion for Summary Judgment. Signed by Judge David A. Tapp. (ac7) Service on parties made.

Keywords: re: Order on Motion for Summary Judgment, Order on Cross Motion [Dispositive], Reported Opinion, RCFC Rule 56, summary judgment, contract, breach of contract, anticipatory repudiation, time is of the essence, default, General Services Administration, Coastal Park LLC v. United States, 143 Fed. Cl. 289, 297 (2019).

REPORTED OPINION denying Motion for Reconsideration - Rule 59(a) ; denying [126] Motion to Amend Pleadings - Rule 15(b). Signed by Judge Patricia E. Campbell-Smith. Redacted version of opinion due by 1/31/2020.Signed by Judge Patricia E. Campbell-Smith. (jt1) Service on parties made.

Keywords: re: Motion for Reconsideration; RCFC 59(a)(1).

REPORTED OPINION denying Motion for Summary Judgment on the Pleadings filed by HCIC ENTERPRISES, LLC; granting [14] Cross-Motion for Partial Summary Judgment filed by USA. Signed by Judge Elaine D. Kaplan. (feb) Service on parties made.

Keywords re Opinion and Order on Cross-Motions: Breach of Contract; Construction Contract; Federal Bureau of Prisons; Partial Summary Judgment; Contract Interpretation

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.