USCFC General Jurisdiction-Reported

REPORTED OPINION The Clerk is directed to enter judgment for plaintiffs. Status Report due by 11/30/2017 Signed by Chief Judge Susan G. Braden.

Keywords: re: Declaration of Water Right Ownership, N.M. STAT. ANN. § 72-1-3 (West 2015);Endangered Species Act of 1973, 7 U.S.C. § 163, 16 U.S.C. §§ 15311544 (2012);Federal Land Policy and Management Act of 1976, 43 U.S.C. § 1752 (2012);National Environmental Policy Act of 1969, 42 U.S.C. §§ 43214375 (2012);Forest and Rangeland Renewable Resources Planning Act of 1974, 16 U.S.C. § 1604 (2012);Statute of Limitations, 28 U.S.C. § 2501 (2012);U.S. CONST. amend. V, Takings Clause;36 C.F.R. § 222.3(c)(1)(ii) (Forest Service Livestock Grazing Permits).

REPORTED OPINION denying Motion to Dismiss - Rule 12(b)(1). Signed by Judge Mary Ellen Coster Williams. (TF3) Copy to parties.

Keywords: re: Bid Protest; Standing to Challenge Insourcing Decision; Interested Party. (TF3)

REPORTED OPINION and ORDER Redacted Opinion and Order (Reissuance of October 16, 2017 Opinion and Order for Publication) granting Motion for Summary Judgment as to Counts I and II; granting [176] Motion to Dismiss as to Count III; denying [188-1] Cross-Motion for Summary Judgment; denying [199] Motion for Judicial Notice; granting [207] Motion for Leave from Protective Order; granting-in-part and denying-in-part [210] Motion for Judicial Notice and Relief Pursuant to RCFC 56(d). Signed by Judge Elaine D. Kaplan.

Keywords: re: Summary Judgment; RCFC 56; Motion to Dismiss; RCFC 12(b)(1); Confidential Informants; IRS Reward Agreements; Anticipatory Repudiation; Duty of Good Faith and Fair Dealing; Accounting.

REPORTED MEMORANDUM OPINION AND ORDER. Signed by Judge Lydia Kay Griggsby.

Keywords: Pre-Award Bid Protest; Competition in Contracting Act (CICA); 41 U.S.C. § 3304; FAR § 1.704; FAR § 6.302-7; Judgment on the Administrative Record; RCFC 52.1; Injunctive Relief; RCFC 65; Supplementing the Administrative Record; Standing; Subject-Matter Jurisdiction; RCFC 12(b)(1), re: Reported Memorandum Opinion and Order.

REPORTED OPINION AND ORDER denying Motion to Dismiss - Rule 12(b)(1); (Status Report due by 11/15/2017). Signed by Judge Thomas C. Wheeler for Senior Judge Robert H. Hodges, Jr.

Keywords: Motion to Dismiss, RCFC 12(b)(l ); Lack of Jurisdiction; Department ofVeterans Affairs; Final Decision from Contracting Officer; Wrongful Termination of Lease; Motion to Dismiss, RCFC 12(b)(6); Failure to State a Claim

REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1) and (6) The Clerk's office is directed to enter final judgment for defendant DISMISSING plaintiffs' amended complaint, without prejudice. Signed by Judge Patricia E. Campbell-Smith.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1) and (6), Reported Opinion. Takings; Statute of Limitations, 28 U.S.C. § 2501 (2012); Claims Accrued More Than Six Years Before Suit Was Filed; No Cognizable Property Interest. (TQ)

REPORTED OPINION AND ORDER GRANTING THE GOVERNMENT'S MOTION TO DISMISS. Signed by Chief Judge Susan G. Braden.

Keywords: re: Reported Opinion And Order Granting The Government's Motion To Dismiss: Associational Standing; Breach of Contract; Duty of Good Faith and Fair Dealing; Federal Reserve Act of 1913, Pub. L. No. 63-43, ch. 6, 38 Stat. 251; 12 U.S.C. §§ 222, 226, 241, 247(a), 248, 261, 282, 287, 289, 301305, 321, 341, 391 (2012); 12 U.S.C. § 289 (2012 & Supp. III 2016); Fixing Americas Surface Transportation Act, Pub L. No. 114-94, 129 Stat. 1312 (2015); Omnibus Budget Reconciliation Act of 1993, Pub. L. No. 103-66, 107 Stat. 312 (1993); U.S. CONST. amend. V, Taking Clause.

REPORTED OPINION (Reissuance of October 17, 2017 order) . Signed by Senior Judge Eric G. Bruggink.

Keywords: re: Reported Opinion: Bid protest; claim for reinstatement to agency evaluation; FAR 16.301(a)(3); unequal treatment.

REPORTED OPINION denying Motion for Summary Judgment; granting [20] Cross Motion. The Clerk is directed to enter judgment for defendant DISMISSING plaintiffs' amended complaint without prejudice. Signed by Judge Patricia E. Campbell-Smith.

Keywords: re: Order on Motion for Summary Judgment, Order on Cross Motion [Dispositive], Reported Opinion. Civilian Pay; Fair Labor Standards Act of 1938, 29 U.S.C. § 201 et seq. (2012); Statute of Limitations, 29 U.S.C. § 255(a); Willful Violation Not Found. (TQ)

REPORTED OPINION. Redacted version of Opinion and Order denying [22] Motion for Summary Judgment and granting [23] Cross-Motion for Summary Judgment. Signed by Judge Margaret M. Sweeney.

Keywords re: Reported Opinion -- RCFC 56; Cross-Motions for Summary Judgment; No Genuine Issues of Material Fact; Contract Interpretation; Implied Duty of Good Faith and Fair Dealing; Adequate Disclosure; Lack of Express Warranty; Binding Offer; Attempted Revocation of Offer.

REPORTED OPINION denying Motion to Dismiss - Rule 12(b)(1); denying [17] Motion to Stay. Answer due 11/8/2017. Signed by Judge Thomas C. Wheeler. (ab) Copy to parties. Modified on 10/26/2017 to add deadline

Keywords: re: Veterans Exposed to Agent Orange During Vietnam War; Putative Class Action of Veterans and Survivors to Recover Retroactive Retirement Pay; Motion to Dismiss; Motion to Stay Proceedings.

REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1); denying [12] Motion for Summary Judgment The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler for Senior Judge Robert H. Hodges, Jr. (vds) Copy to parties. [Sent via certified mail: 7017 1450 0000 1346 1833] (ar). (Main Document 25 replaced on 10/27/2017 to correct letter on case number.)

Keywords: Motion to Dismiss, RCFC 12(b)(l); Lack of Jurisdiction; Discharge of Student Loan Debt; Department of Education; Motion for Paitial Summary Judgment, RCFC 56; Treasury Offset Program; Offset of Tax Refunds; Illegal Exaction

REPORTED OPINION and ORDER (Reissued October 24, 2017). Signed by Judge Elaine D. Kaplan.

Keywords: Reported Opinion : Settlement Agreement; Neutral Reference Provision; Breach of Contract; Damages; Causation; Motion to Compel; Summary Judgment; RCFC 56; Pro Se

REPORTED OPINION and ORDER granting Motion to Dismiss - Rule 12(b)(1) and (6) The Clerk is directed to enter judgment. Signed by Judge Charles F. Lettow. [U.S. Certified Mail Tracking # 7017 1450 0000 1346 1840]

Keywords: Contract claim based upon submission of an unsolicited proposal to the Air Force; Plaintiff, applicability of 48 C.F.R. ("FAR") §§ 3.601, 3.602, 15.603, 15.606-1, 15.608; jurisdiction; indefinite and speculative allegations

REPORTED OPINION and ORDER reissuing for publication OPINION and ORDER [390]. Signed by Judge Margaret M. Sweeney.

Keywords re Reported Order: FRE 502(d); Quick Peek Procedure; Clawback Order; RCFC 26; Discovery.

REPORTED OPINION. Signed by Judge Mary Ellen Coster Williams. (TF3) Copy to parties.

Keywords: re: Summary Judgment; Contract Disputes Act, 41 U.S.C. § 7101 (2012); 22 U.S.C. § 2363; 31 C.F.R. § 281.8; Exchange Rates; Currency Conversion. (TF3)

REPORTED OPINION granting Motion to Dismiss. The Clerk is directed to enter judgment. Signed by Senior Judge Edward J. Damich.

Keywords: Motion to Dismiss; RCFC 12(b)(1); Emergency Watershed Protection Program 7 C.F.R §§ 624.1-624.11; Federal Grant and Cooperative Agreement Act 31 U.S.C. §§ 6301 et seq.; Anchorage v. United States, 119 Fed. Cl. 709 (2015); Ricks Mushroom v. United States, 521 F.3d 1338 (Fed. Cir. 2008); Hurricane Katrina; Consideration; Cooperative Agreement; Direct Benefit; Subject Matter Jurisdiction (CF)

REPORTED OPINION. The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler.

Keywords: re: Contract Claim for Disposal of Surplus Property in Middle East; Requirements Contract; Use of Historical Data; Negligent Estimate; Mandate Rule; Equitable Adjustment; Actual Cost Method; Damages.

REPORTED Memorandum Opinion And Final Order incorporating edits to ECF No. [136].. Signed by Chief Judge Susan G. Braden. (Attachments: # (1) Memorandum Opinion And Final Order On Evidentiary Issues)

Keywords: re: Anti-Deficiency Act, 31 U.S.C. § 1350; Breach of Contract; ContractDisputesAct, 41 U.S.C. §§ 71017109; Counterclaims, 28 U.S.C. § 2508; False Claims Act, 31 U.S.C. §§ 37293733; FederalAcquisitionRegulation, 48 C.F.R. §§ 52.211-12 (Liquidated Damages), 52.242-14 (Suspension of Work), 52.249-10 (Contract Default); Good Faith and Fair Dealing; Special Plea In Fraud, 28 U.S.C. § 2514; Tucker Act Jurisdiction, 28 U.S.C. § 1491; Unreasonable Delay; Waiver; Federal Rules of Evidence; Rule 26 of the Rules of the United States Court of Federal Claims (RCFC) (General provisions governing discovery).

REPORTED OPINION granting in part and denying in part Motion for Reconsideration - Rule 59(a), AFFIRMING in part and WITHDRAWING in part the court's ruling in its [43] Reported Order filed 6/23/2017. As such, plaintiff's motion for summary judgment, [34], remains DENIED, whereas, defendant's cross-motion is now DENIED in part, as it relates to the scope of the 36 conveyances identified, and otherwise GRANTED. Plaintiff's [45] Motion for Summary Judgment is DENIED as moot; and [49] Motion for Leave to File Amicus Brief is DENIED. A separate order shall issue this date governing future proceedings in this case. Signed by Judge Patricia E. Campbell-Smith.

Keywords: re: Order on Motion for Reconsideration - Rule 59(a), Order on Motion for Summary Judgment, Order on Motion for Leave to File Amicus Brief, Reported Opinion. Motion for Reconsideration; RCFC 59(a); Motion for Summary Judgment; RCFC 56; Rails-to-Trails; Trails Act; Fifth Amendment Takings; Railbanking; Motion for Leave to File Amicus Curiae Brief. (TQ)