USCFC General Jurisdiction-Reported

REPORTED OPINION and ORDER: (1) Defendants motion to dismiss plaintiffs complaint, in part, ECF No. 237, is DENIED; (2) Intervenor-defendants motion to dismiss plaintiffs complaint, in part, ECF No. 238, is DENIED; (3) On or before May 28, 2021, the parties are directed to CONFER and FILE a joint status report proposing a plan for further proceedings in this case; and (4) On or before May 28, 2021, 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. (dpk) Service on parties made.

Keywords: re: Reported Order, Bid-Protest; Motion to Dismiss; RCFC 12(b)(6).

REPORTED OPINION AND ORDER (re-issuance of April 13, 2021 Opinion and Order for Publication). Signed by Judge Edward H. Meyers. (pyk) Service on parties made.

REPORTED OPINION - Opinion originally issued under seal on 3/29/2021, ECF No. 96. Defendants cross-motion for judgment on the AR, ECF No. 60, GRANTED; Intermarkets cross-motion for judgment on the AR, ECF No. 61, GRANTED; Plaintiffs complaint dismissed with prejudice and final judgement entered. Signed by Judge Patricia E. Campbell-Smith. (dpk) Service on parties made.

Keywords: re: Reported Opinion, Motions for Judgment on the Administrative Record; RCFC 52.1; Late-is-Late Rule; 48 C.F.R. § 52.212-1(f)(2)(i); Systemic Failure Exception; Government Control Exception; Prejudice.

REPORTED OPINION granting in part and denying in part Motion to Strike. Signed by Judge Eleni M. Roumel. (LS) Service on parties made.

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

Keywords: re: Reported Opinion: Copyright infringement; Spoliation sanction; Motion for fees and costs; Expert fees; Attorney fees; RCFC 37.

REPORTED OPINION granting Motion to Dismiss - Rule 41(b); finding as moot [12] Motion for More Definite Statement. The Clerk is directed to enter judgment. Signed by Senior Judge Charles F. Lettow. (jjk) Plaintiffs served via U.S. mail.

Keywords: re: Claim for tax refund; corporate taxpayer; prior settlement; res judicata

REPORTED ORDER denying Motion to Dismiss - Rule 12(b)(1); granting [28] Motion for Leave to File Supplemental Paper. Signed by Judge Ryan T. Holte. (yg) Service on parties made.

Keywords: re Order on Motion to Dismiss - Rule 12(b)(1): Statute of Limitations; 28 U.S.C. 2501; Accrual Suspension Rule; Rule 12(b)(1); Standing; Fifth Amendment; Taking Clause; Substantial Connection Test.

REPORTED OPINION granting the defendant's motion for summary judgment. The Court will issue an order in accordance with this memorandum opinion. Signed by Judge Richard A. Hertling. (naw) Service on parties made.

REPORTED OPINION. Reissued public opinion of the Court's April 14, 2021, sealed memorandum opinion granting the defendant's and defendant-intervenor's motions for judgment on the administrative record and denying the plaintiff's motion. Signed by Judge Richard A. Hertling. (naw) Service on parties made. Modified by replacing PDF with corrected one 4/19/2021 (ead). Modified text on 4/22/2021

REPORTED OPINION granting Motion to Dismiss; denying [2] Motion for Leave to Proceed in forma pauperis; and ENJOINING plaintiffs from filing any new complaints with this court without an order from the chief judge of the court granting leave to file a complaint. The Clerk is directed to enter judgment. Signed by Senior Judge Margaret M. Sweeney. (jb2) Service on parties made; plaintiffs served via U.S. mail. Docket text modified on 4/16/2021 to add anti-filing language.

Keywords: re: Pro Se Plaintiffs; Motion to Dismiss; Subject Matter Jurisdiction; RCFC 12(b)(1); Sovereign Citizen Allegations; Frivolous Claim; In Forma Pauperis.

REPORTED MEMORANDUM OPINION AND ORDER granting The Government's Motion to Dismiss and dismissing the amended complaint. The Clerk is directed to enter judgment. Signed by Judge Lydia Kay Griggsby. (jw) Service on parties made.

Keywords: Tax Refund Claim; RCFC 12(b)(1); Subject-Matter Jurisdiction; I.R.C. § 6061; I.R.C. § 6065; Signature Verification Requirement; Waiver, re: Reported Memorandum Opinion And Order.

REPORTED OPINION finding as moot Motion to Appoint Counsel; granting [9] Motion to Dismiss - Rule 12(b)(1) and (6); granting [13] Motion to Amend Pleadings - Rule 15(b); granting [2] Motion for Leave to Proceed in forma pauperis. The Clerk is directed to enter judgment. Signed by Judge Thompson M. Dietz. (adb) Service on parties made; plaintiff served via U.S. mail to address on docket and address on notice of appeal in related case.)

Keywords: re: Order on Motion to Appoint Counsel, Order on Motion to Dismiss - Rule 12(b)(1) and (6), Order on Motion to Amend Pleadings - Rule 15(b), Order on Motion for Leave to Proceed in forma pauperis, Unjust Conviction and Imprisonment Act, Eighth Amendment, Fourteenth Amendment

REPORTED ORDER granting Motion for Leave to File Amended Complaint. Signed by Senior Judge Victor J. Wolski. (jak) Service on parties made.

REPORTED OPINION Granting-In-Part and Denying-In-Part Motion for Partial Summary Judgment; Denying [50] Motion for Partial Summary Judgment; Granting [53] Cross Motion. The Court will hold a status and scheduling conference on April 29, 2021 to discuss the remaining issues and set this matter for trial. Signed by Judge David A. Tapp. (jm) Service on parties made.

**REDOCKETED FOR PUBLICATION** REPORTED OPINION on First MOTION in Limine to preclude testimony filed by UNIVERSITY OF SOUTH FLORIDA BOARD OF TRUSTEES and [180] Supplemental MOTION in Limine to preclude testimony by Brian Bannerman filed by UNIVERSITY OF SOUTH FLORIDA BOARD OF TRUSTEES denying [160] Motion in Limine; denying [180] Motion in Limine. Signed by Judge Patricia E. Campbell-Smith. (ead) Service on parties made.

Keywords: re: Order on Motion in Limine,Reported Opinion: Motion in Limine; Timely Disclosure of Witness.

REPORTED OPINION (re-issuance of March 29, 2021 Opinion for Publication). Signed by Judge Edward H. Meyers. (aak) Service on parties made.

REPORTED OPINION Denying Motion for Summary Judgment; Denying [20] Motion for Partial Summary Judgment; Denying [26] Motion for Leave to File. The United States' Counterclaim Count II is DISMISSED for lack of subject matter jurisdiction. Signed by Judge David A. Tapp. (jm) Service on parties made.

REPORTED ORDER (reissuance of April 5, 2021 order for public viewing.) Signed by Senior Judge Eric G. Bruggink. (hem) Service on parties made. Modified on 4/10/2021 to add language re: reissuance for public viewing.

Keywords: re: Reported Order: Motion for Reconsideration; FAR 52.212-1(g) (2008); FAR Part 13 (2008); "Manifest Injustice."

REPORTED OPINION granting in part and denying in part Motion for Summary Judgment and denying [45] Cross Motion for Summary Judgment. Joint Status Report due by 4/30/2021. Signed by Senior Judge Margaret M. Sweeney. (kb1)

Keywords: re: Reported Opinion,, Order on Motion for Summary Judgment,, Order on Cross Motion [Dispositive], -- Rails-to-Trails; Fifth Amendment Taking; Threshold Title Issues; Centerline Presumption Under North Carolina Law; Intervening Public Road; Summary Judgment

REPORTED OPINION denying Motion for Summary Judgment; granting [240] Motion for Summary Judgment. Signed by Senior Judge Margaret M. Sweeney. (am) Service on parties made.

Keywords: re: Order on Motion for Summary Judgment, Reported Opinion: RCFC 56; Cross-Motions for Summary Judgment; Rails-to-Trails; Vacatur and Remand from Federal Circuit; Causation