USCFC General Jurisdiction-Reported

REPORTED ORDER. Signed by Judge Zachary N. Somers. (jas) Service on parties made.

REPORTED OPINION denying Motion for Partial Summary Judgment. Signed by Senior Judge Charles F. Lettow.

Keywords: re [568]: Patent case; plaintiffs' motion for partial summary judgment on defendants' affirmative defense of invalidity under 35 U.S.C. § 112

REPORTED OPINION on MOTION to Dismiss pursuant to Rule 12(b)(1) filed by USA, [56] MOTION to Unseal [22] Administrative Record filed by USA filed by USA, [63] MOTION for Leave to File Alearis' Surreply to Defendant's Motion to Lift the Seal on the Administrative Record filed by ALEARIS, INC., [27] MOTION to Amend/Correct [22] Administrative Record, [21] Notice (Other) filed by ALEARIS, INC., [33] Corrected MOTION for Judgment on the Administrative Record filed by ALEARIS, INC., [32] MOTION for Judgment on the Administrative Record filed by ALEARIS, INC. granting [41] Motion to Dismiss - Rule 12(b)(1); granting [56] Motion to Unseal Document [41] MOTION to Dismiss pursuant to Rule 12(b)(1) , [56] MOTION to Unseal [22] Administrative Record filed by USA , [63] MOTION for Leave to File Alearis' Surreply to Defendant's Motion to Lift the Seal on the Administrative Record , [27] MOTION to Amend/Correct [22] Administrative Record, [21] Notice (Other) , [33] Corrected MOTION for Judgment on the Administrative Record , [32] MOTION for Judgment on the Administrative Record ; denying [63] Motion for Leave to File ; finding as moot [27] Motion to Amend/Correct; finding as moot [32] Motion for Judgment on the Administrative Record; finding as moot [33] Motion for Judgment on the Administrative Record. The Clerk is directed to enter judgment. Signed by Senior Judge Robert H. Hodges, Jr. (cv) Service on parties made.

REPORTED ORDER. Signed by Senior Judge Eric G. Bruggink. (jpk1) Service on parties made.

Keywords: re: Reported Order: Patent infringement; 35 U.S.C. § 102(a) (2012) (pre-AIA); Anticipation; Public accessibility of prior art; Inherency; Reconsideration.

**REDOCKETED FOR PUBLICATION** REPORTED OPINION granting in part, as to transfer to the Civilian Board of Contract Appeals and denying in part, as as to request for stay, [17] Motion to Transfer. The clerk's office is directed to TRANSFER this case to the Civilian Board of Contract Appeals by DELIVERING a certified copy of this opinion, a copy of the docket sheet in this matter, and copies of the documents that comprise the balance of the record to: Civilian Board of Contract Appeals, Scott W. Sylke, Clerk of the Board, 1800 M Street, NW, 6th Floor, Washington, DC 20036. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made. (Entered: 01/11/2022)(ead) Service on parties made.

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

REPORTED POST-TRIAL OPINION. Granting in part and denying in part Motion. After careful consideration of the testimony, documents, and arguments presented at trial, the Court makes the foregoing findings of fact and conclusions of law: (1) The Court FINDS AND CONCLUDES, with support from clear and convincing evidence, that Lodge Construction, Inc. submitted a fraudulent claim to the United States Army Corps of Engineers on June 21, 2012 (the Design Claim). (2) The Court FINDS AND CONCLUDES, with support from clear and convincing evidence, that Lodge Construction, Inc. submitted a fraudulent claim to the United States Army Corps of Engineers on June 26, 2012 (the Dewatering Claim). (3) Pursuant to 31 U.S.C. § 3729, Lodge Construction, Inc. is ORDERED to pay to the United States $22,000 in civil penalties for false claims, statements, and records associated with Lodge's certified Dewatering and Design claims submitted for payment to the United States Army Corps of Engineers. (4) Lodge Construction, Inc.'s Design Claim, as stated in Lodge's Complaint, Case No. 13-800, and Lodge's Second Amended Complaint, Case No. 13-500, is FORFEITED pursuant to 28 U.S.C. § 2514. (5) Pursuant to RCFC 54(b), there being no just reason for delay, the Clerk is DIRECTED to enter judgment in favor of the United States in Case No. 13-800. (6) Lodge Construction, Inc.'s Motion to Take Judicial Notice (ECF No. 86) is GRANTED-IN-PART. (7) Further proceedings are required to assess the viability of Lodge's Complaint in Case No. 13-499. In addition, the United States has asserted counterclaims in fraud that were not within the scope of this limited trial. The Court SCHEDULES a status conference on February 1, 2022 to address outstanding issues. That status conference will be conducted in Washington, D.C. at the National Courts Building at 2:00 PM (ET). (8) The Court reserves a decision on costs for a later date. Signed by Judge David A. Tapp. (jm) Service on parties made.

REPORTED POST-TRIAL OPINION. The Clerk is directed to enter judgment for the United States. Signed by Judge David A. Tapp. (jm) Service on parties made.

REPORTED OPINION. The defendant's motion for judgment on the administrative record is granted, and the plaintiff's motion for judgment on the administrative record is denied. The Court will issue an order in accordance with this memorandum opinion. Signed by Judge Richard A. Hertling. (dhf) Service on parties made.

REPORTED OPINION and ORDER denying Motion to Dismiss; granting [21] Motion for Leave to File Sur-Reply in Opposition to the United States' Motion to Dismiss in Part. Joint Status Report due by 1/20/2022. Signed by Judge Ryan T. Holte. (ehb) Service on parties made. Modified on 12/23/2021 to reflect that the filing is an Opinion and Order.(dls). Modified on 12/28/2021 - corrected pdf (jt1). Modified on 1/3/2022 by replacing PDF to add "corrected" text to document

Keywords: re: Order on Motion to Dismiss; Order on Motion for Leave to File. Motion to Dismiss; RCFC 12(b)(6); Fifth Amendment; Takings; Oysters; Compensable Property Right; Surreply; 28 U.S.C. § 1497; Louisiana.

REPORTED OPINION (reissuance of Opinion for Publication). Signed by Senior Judge Marian Blank Horn. (jm5) Service on parties made.

REPORTED OPINION granting in part and denying in part Motion for Attorney Fees. The court awards plaintiffs litigation expenses in the amount of $1,975,039.16, consisting of $1,553,202.31 in attorneys fees and $421,836.85 in costs. The Clerk is directed to enter judgment. Signed by Senior Judge Margaret M. Sweeney. (am) Service on parties made.

Keywords: re: Order on Motion for Attorney Fees, Reported Opinion: Uniform Relocation Assistance and Real Property Acquisition Policies Act; Unsuccessful Claims; Reasonableness of Fees and Costs.

REPORTED OPINION AND ORDER reflecting redactions from the opinion and order previously entered under seal on December 9, 2021. Signed by Senior Judge Charles F. Lettow.

Keywords: re: [36]: Post-award bid protest; motion for preliminary injunction; lack of showing of likelihood of success on merits.

REPORTED OPINION (reissuance for publication of SEALED MEMORANDUM AND ORDER granting in part [33] Plaintiff's Motion for Judgment on the Administrative Record (MJAR), and denying in part [38] Defendant's Cross-Motion for Judgment on the Administrative Record and Response to Plaintiff's MJAR and [39] Intervenor-Defendant's Cross-Motion for Judgment on the Administrative Record and Response to Plaintiff's MJAR). Signed by Judge Eleni M. Roumel. (rt16) Service on parties made.

REPORTED ORDER granting Motion to Dismiss - Rule 12(b)(1) and (6); denying as moot [66] Motion for Partial Summary Judgment. Joint Status Report due by 1/18/2022. Signed by Judge Kathryn C. Davis. (beg) Service on parties made.

REPORTED OPINION (reissuance for publication of SEALED MEMORANDUM AND ORDER re [26] Plaintiff's Motion to Complete the Administrative Record). Signed by Judge Eleni M. Roumel. (rt16) Service on parties made.

REPORTED OPINION denying Motion to Certify Class. Signed by Senior Judge Charles F. Lettow.

Keywords: re: Reported Opinion: motion to certify class; timeliness, Rule 23 criteria.

REPORTED OPINION AND ORDER granting Motion for Partial Summary Judgment; denying [7] Cross-Motion for Partial Summary Judgment. Signed by Senior Judge Charles F. Lettow.

Keywords: re: : Rails-to-trails case; determination of parcel at issue; unity of ownership and control.

REPORTED OPINION of the court's November 19, 2021 **SEALED**OPINION and ORDER denying [107] Motion for Summary Judgment. No redactions were proposed by the parties. The sealed and this public version of this opinion and order are identical, except for the publication date and this footnote. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made.

Keywords: re: Reported Opinion on Summary Judgment; RCFC 56; Constructive Termination for Convenience; Damages. (TQ)

REPORTED ORDER denying as moot Motion for Preliminary Injunction; granting [13] Motion to Dismiss - Rule 12(b)(1); denying as moot [13] Motion for Judgment on the Administrative Record. Signed by Judge Kathryn C. Davis. (beg) Service on parties made.

REPORTED OPINION granting Motion for Leave to Proceed in forma pauperis. The court DISMISSES Mr. Frazier's complaint for lack of jurisdiction. The Clerk is directed to enter judgment. Signed by Senior Judge Margaret M. Sweeney. (ls) Service on parties made; plaintiff served via U.S. mail.

Keywords: re: Pro Se Plaintiff; Sua Sponte Dismissal; Subject-Matter Jurisdiction; Due Process; Federal Rules of Civil Procedure; 28 U.S.C. § 2403; In Forma Pauperis.