USCFC General Jurisdiction-Reported

REPORTED OPINION granting in part and denying in part Motion in Limine; granting in part and denying in part [451] Motion in Limine; granting in part and denying in part [452] Motion in Limine; denying [453] Motion in Limine; denying [454] Motion in Limine; denying [455] Motion in Limine; denying as moot [467] Motion for Leave to Use Deposition Testimony of Donald Ward; granting [468] Motion for Leave to Use Deposition Testimony of Rule 30(b)(6) witnesses; granting [472] Motion in Limine; granting in part and denying in part [484] Motion for Protective Order; granting in part and denying in part [486] Motion in Limine; granting in part and denying in part [489] Motion for Protective Order; granting in part and denying in part [493] Motion to Amend Pleadings. Signed by Senior Judge Charles F. Lettow.

Keywords: re: Reported Opinion: Takings case; preparations for trial of just compensation for taking of permanent flowage easement; motions in limine, for protective order, and for leave to use deposition testimony at trial.

REPORTED OPINION and ORDER granting in part and denying in part Motion to Dismiss - Rule 12(b)(6) filed by USA; denying without prejudice Plaintiffs' request for leave to amend their pleadings; (Joint Status Report due by 5/31/2022). Signed by Judge Stephen S. Schwartz. (cmc) Service on parties made.

REPORTED OPINION granting in part and denying in part MOTION to Dismiss pursuant to Rule 12(b)(6) filed by USA. Signed by Judge Edward H. Meyers. (aep) Service on parties made.

REPORTED OPINION DISMISSING CASE on MOTION to Dismiss pursuant to Rules 12 (b)(1) and (6). [19] Motion to Dismiss - Rule 12(b)(1) and (6) is GRANTED; [19] Motion for Judgment on the Administrative Record is DENIED AS MOOT. The Clerk is directed to enter judgment. Signed by Judge Kathryn C. Davis. (tmr) Service on parties made; plaintiff served via first class mail.

REPORTED OPINION denying as moot Plaintiff's first Motion for Judgment on the Administrative Record; granting in part [25] Plaintiff's second Motion for Judgment on the Administrative Record; and denying [31] Defendant's Cross Motion for Judgment on the Administrative Record. Plaintiff's case is remanded to the Air Force Board for the Correction of Military Records for referral into the Integrated Disability Evaluation System. Signed by Senior Judge Loren A. Smith. (ah) Service on parties made.

REPORTED ORDER AND OPINION. Unsealed public redacted version of the Court's March 31, 2022 Opinion denying [56] Plaintiff's Motion for Judgment on the Administrative Record ("MJAR"); denying [58] Plaintiffs Motion to Supplement the Administrative Record; granting [59] Defendant's Cross-MJAR; granting [61] Defendant-Intervenor's Cross-MJAR; granting [62] Defendant-Intervenor's Motion to Strike. The Clerk is directed to enter judgment. Signed by Judge Thompson M. Dietz. (brs) Service on parties made.

Keywords: re: Reported Opinion; Bid Protest; SBA Size Protest; Motion for Judgment on the Administrative Record; SBA Size Determination; Motion to Supplement the Administrative Record; Motion to Strike; 13 C.F.R. § 134.316(c); Small Business Size Standards; Affiliation; Negative Control.

REPORTED OPINION. Signed by Senior Judge Eric G. Bruggink. (hem) Service on parties made.

Keywords: re: Reported Opinion: Bid protest; pre-award bid protest; the late is late rule.

REPORTED ORDER DISMISSING CASE. The Clerk is directed to enter judgment. Signed by Judge David A. Tapp. (jm) Service on parties made.

Reissued for Publication - REPORTED OPINION of the Court's SEALED Opinion, April 6, 2022, ECF No. 58. The parties did not propose any redactions. Signed by Judge Kathryn C. Davis. (zlj) Service on parties made.

REPORTED OPINION. Signed by Senior Judge Eric G. Bruggink. (rja) Service on parties made. (Main Document 256 replaced on 5/9/2022 to attach corrected PDF)

Keywords: re: Reported Opinion: Copyright infringement; FAR 52.212-4; FAR 52.227-14; DFARS 252.227-7013; conditions versus covenants; license; implied-in-fact license; accord and satisfaction; release; 17 U.S.C. § 117(a) (2018).

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

REPORTED OPINION denying First MOTION for Partial Summary Judgment filed by CULLY CORPORATION, denying [83] MOTION for Summary Judgment filed by USA. Signed by Judge David A. Tapp. (emc) Service on parties made.

REPORTED OPINION re [95]; [96]; [97]; [98]; [99]. The Court ORDERS the following: (1) The United States' Motion for Reconsideration of the Court's Order dismissing the CDA anti-fraud counterclaims, (ECF No. 96), is DENIED. (2) Lodge's Motion for Reconsideration, (ECF No. 99), is GRANTED IN PART. The United States' counterclaims, as they related to the CCT Claims, are DISMISSED AS MOOT, and the Court does not intend to hold a second trial in this matter. (3) Lodge's Motion for Reconsideration/Motion to Quash, (ECF No. 97), is GRANTED. (4) The portion of the Court's February 3, 2022, Status Conference Order directing the parties to begin discovery on veil piercing issues is VACATED. (5) All subpoenas, interrogatories, and documents requests issued by the United States in connection with a veil piercing remedy are QUASHED. (6) Lodge's Motion to Dismiss its Complaint in Case No. 13-499, (ECF No. 98), is GRANTED. Lodge's wrongful termination claim is DISMISSED WITH PREJUDICE pursuant to RCFC 41(a)(2). (7) The United States' Motion for Summary Judgment, (ECF No. 95), is DENIED AS MOOT. (8) The Clerk is DIRECTED TO ENTER JUDGMENT dismissing this case. The Clerk is directed to enter judgment. Signed by Judge David A. Tapp. (jm) Service on parties made.

REPORTED OPINION denying MOTION to Dismiss pursuant to Rule 12(b)(6) filed by USA. The clerk's office is directed to LIFT to stay on plaintiff's motion to certify a class, ECF No. [17]; on or before 5/13/2022, defendant is directed to FILE its answer to plaintiff's complaint; and, on or before 5/27/2022, defendant is directed to FILE its response to plaintiff's motion to certify a class. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made.

Keywords: re: Reported Opinion & Order on Motion to Dismiss; RCFC 12(b)(6); Combat-Related Special Compensation; 10 U.S.C. § 1413a; Barring Act; 31 U.S.C. § 3702. (TQ)

REPORTED OPINION denying Motion for Reconsideration of [7] Reported Opinion. Signed by Senior Judge Margaret M. Sweeney. (kb1)

Keywords: re: Order on Motion for Reconsideration - Rule 59(a), Reported Opinion -- Pro se plaintiff; motion for reconsideration; claim for breach of a plea agreement; claim that the Constitution is a contract; waiver of Fifth Amendment takings claim

REPORTED OPINION. Signed by Judge Richard A. Hertling. (kac) Service on parties made.

REPORTED OPINION denying MOTION to Dismiss pursuant to Rules 12 (b)(1) and (6), denying alternatively, Motion for Summary Judgment as moot; and denying [542] Motion for Leave to File as moot. The pending motions in limine in this case, ECF No.[512], ECF No. [513], ECF No. [514], ECF No. [529], and ECF No. [532], shall remain STAYED until further order of the court. On or before 4/22/2022, the parties are directed to CONFER and FILE a joint status report informing the court whether the parties' motions in limine can be decided as currently filed; whether any of the parties' pretrial filings listed in the Fourth Amended Scheduling Order, ECF No. [503], and in the chart above, require updating prior to trial in this matter; whether the parties believe that thirteen days will be sufficient time for trial in this case; and proposing dates for the pretrial conference and trial in this matter. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made.

Keywords: re: Opinion and Order on Motion to Dismiss - Motion to Dismiss; RCFC 12(b)(1); Standing; Limited Partnership; Legal Existence. (TQ) Modified on 4/8/2022 to add Motion to Dismiss and RCFC 12(b)(1) (tb).

REPORTED OPINION granting in part and denying in part MOTION to Dismiss pursuant to Rules 12 (b)(1) and (6) filed by USA (Status Report due by 5/9/2022). Signed by Chief Judge Elaine D. Kaplan. (aa) Service on parties made.

REPORTED OPINION. Signed by Judge Richard A. Hertling. (kac) Service on parties made.

REPORTED OPINION DISMISSING CASE. on MOTION to Dismiss pursuant to Rules 12 (b)(1) and (6) filed by USA. on [14] MOTION filed by KARL DAVID SCHNEITER; granting [13] Motion to Dismiss - Rule 12(b)(1) and (6); denying [14] Motion for court review of agency counsel's conduct. The court DISMISSES plaintiff's claim for breach of contract for failure to state a claim upon which relief can be granted, with prejudice, and plaintiff's remaining claims for lack of subject-matter jurisdiction, without prejudice. The Clerk is directed to enter judgment. Signed by Senior Judge Margaret M. Sweeney. (jb2) Service on parties made. (Main Document 30 replaced on 4/7/2022 to correct date of decision) (ac7).

Keywords: re: Pro Se Plaintiff; RCFC 12(b)(1); RCFC 12(b)(6); Tort; Administrative Procedure Act, 5 U.S.C. § 706; Violation of Statutes and Regulations; Breach of Contract; Breach of Fiduciary Duty.