USCFC General Jurisdiction-Reported

REPORTED OPINION. The Court grants the defendant's motion to dismiss and dismisses the complaint under RCFC 12(b)(6) for failure to state a claim upon which relief can be granted. The Court will issue an order in accordance with this memorandum opinion. Signed by Judge Richard A. Hertling. (dhf) Service on parties made.

Keywords: re: Reported Opinion, Motion to Dismiss; Rule 12(b)(1); Jurisdiction; Rule 12(b)(6); sua sponte; Failure to State a Claim; Breach; Wetlands Reserve Program; Contract Formation; Preliminary Wetlands Reserve Plan of Operations; Promissory Estoppel.

REPORTED OPINION denying Motion to Dismiss - Rule 12(b)(6). On or before 1/29/2021, defendant is directed to FILE an answer or otherwise respond to plaintiffs' complaint; and on or before 1/29/2021, the parties are directed to CONFER and FILE a Joint Status Report informing the court of their positions on the consolidation of this case with any other matters before the court. Signed by Judge Patricia E. Campbell-Smith. (mrc) Service on parties made. Modified font color of deadline text to red on 12/1/2020

Keywords: re: Reported Opinion on Motion to Dismiss; RCFC 12(b)(6); Fair Labor Standards Act (FLSA), 29 U.S.C. §§ 201-19; Anti-Deficiency Act (ADA), 31 U.S.C. §§ 1341-42; Government Employees Fair Treatment Act of 2019 (GEFTA); Pub. L. No. 116-1, 133 Stat. 3 (2019).

REPORTED OPINION. ECF No. is reissued without redactions. Signed by Judge David A. Tapp. (jm) Service on parties made.

Keywords re Reported Opinion: Motion to Dismiss; RCFC 12(b)(1); Ripeness; Pre-Award Bid Protest; AbilityOne; Section 898, National Defense Authorization Act of Fiscal Year 2017, Pub. L. No. 114-328, 130 Stat 2000; Javits-Wagner ODay Act, 41 U.S.C. §§ 850106; 41 C.F.R. 51

REPORTED OPINION of the court's November 3, 2020 **SEALED**OPINION denying plaintiff's [44] Motion for Leave to File; denying plaintiff's [32] Motion for Judgment on the Administrative Record; granting intervenor-defendant's [37] Cross Motion; and, granting defendant's [38] Cross Motion. The Clerk is directed to ENTER final judgment DISMISSING plaintiff's complaint with prejudice. On or before 11/25/2020, the parties are directed to CONFER and FILE a notice informing the court as to whether any redactions are required before the court makes this opinion publicly available, and if so, attaching an agreed-upon proposed redacted version of the opinion. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made. Modified on 11/30/2020 - pdf was substituted for correcting of e-filing date. (jt1)

Keywords: re: Reported Opinion, Post-Award Bid Protest; Motions for Judgment on the Administrative Record; RCFC 52.1(c); Plain Language Review; Agency Discretion. (TQ)

REPORTED OPINION granting Motion for Leave to File Supplemental Brief; granting [18] Motion to Dismiss - Rule 12(b)(6). On or before 12/2/2020, defendant is directed to FILE its proposed supplemental brief, ECF No. 41-1, as a separate docket entry in this matter. The Clerk is directed to ENTER final judgment in defendant's favor, and DISMISS plaintiffs' complaint with prejudice. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made.

Keywords: re: Reported Opinion on Motion to Dismiss - Rule 12(b)(1) and (6); Bankruptcy Fees; Illegal Exaction; No Means of Transfer. (TQ)

REPORTED OPINION granting Motion for Judgment on the Administrative Record, filed by PEOPLE, TECHNOLOGY AND PROCESSES, LLC.; granting [31] MOTION for Judgment on the Administrative Record, filed by The Tolliver Group, pursuant to RCFC 52.1 and denying Defendant's [30] CROSS-MOTION for Judgment on the Administrative Record. If Plaintiffs believe that they are also entitled to proposal preparation costs, they shall file a motion for such on or before December 14, 2020. Signed by Judge Matthew H. Solomson. (ids) Service on parties made. Modified text on 11/30/2020 (ead). Modified on 12/1/2020 by replacing PDF with corrected version (ead). (Main Document 44 replaced on 12/1/2020 to correct clerical error.)

Keywords re Order on MOTION for Judgment on the Administrative Record pursuant to RCFC 52.1 - Solicitation cancellation; Small Business Act; Rule of Two; set-aside; withdrawal; Federal Supply Schedule (FSS); multiple award contract; IDIQ; RAMCOR; SRA Int'l; Federal Acquisition Streamlining Act (FASA); Administrative Dispute Resolution Act of 1996 (ADRA); Competition in Contracting Act (CICA); GAO protest jurisdiction; Tucker Act jurisdiction; FAR Part 8; FAR Part 14; FAR Part 15; FAR Part 19.

REPORTED OPINION: Reflecting redaction to opinion issued 11/20/20. Signed by Senior Judge Charles F. Lettow.

Keywords: Patent case; motion for partial summary judgment of infringement; cross-motion for judgment of noninfringement; 28 U.S.C. § 1498(a); all elements rule; evidence in dispute as to one element.

REPORTED OPINION denying Motion for Reconsideration; granting in part and denying in part [394] Motion for Reconsideration; granting in part and denying in part [395] Motion for Reconsideration; granting in part and denying in part [396] Motion for Reconsideration. The Clerk is directed to enter judgment. Signed by Senior Judge Charles F. Lettow.

REPORTED OPINION denying Motion for Reconsideration. Signed by Chief Judge Eleni M. Roumel. (srb1) Service on parties made. Modified on 11/25/2020 to edit docket text

REPORTED OPINION on MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by COMPREHENSIVE HEALTH SERVICES, LLC denying [3] Motion for TRO; denying [3] Motion for Preliminary Injunction. Signed by Judge David A. Tapp. (emc) Service on parties made.

Keywords: re: Order on Motion for TRO, Order on Motion for Preliminary Injunction, Reported Opinion. Bid-Protest; Government AccountabilityOffice; Competition in Contracting Act; 31 U.S.C. § 3553; Automatic CICA Stay; CICA Stay Override; Temporary Restraining Order; Preliminary Injunction

REPORTED OPINION. The Court lacks subject-matter jurisdiction over the plaintiffs' first claim and therefore dismisses it under RCFC 12(b)(1) and 12(h)(3). The Court dismisses the plaintiffs' second and third claims for failure to state a claim upon which relief can be granted under RCFC 12(b)(6). The Court denies as moot the defendant's motion for partial summary judgment. The Court will issue an order in accordance with this memorandum opinion. Signed by Judge Richard A. Hertling. (dhf) Service on parties made.

Keywords: re: Reported Opinion, Jurisdiction; Failure to State a Claim; Rule 12(b)(1); Rule 12(b)(6); Fifth Amendment Takings Claim; PROMESA; 48 U.S.C. § 2121; 11 U.S.C. § 552; collateral estoppel; Puerto Rico.

REPORTED OPINION originally filed under seal on November 18, 2020, see [36], denying Motion for Judgment on the Administrative Record; granting [27] Cross Motion. The clerk's office is directed to DISMISS plaintiff's complaint and ENTER final judgment, with prejudice in defendant's favor. on or before 12/18/2020, the parties are directed to CONFER and FILE a notice informing the court as to whether any redactions are required before the court makes this opinion publicly available, and if so, attaching an agreed-upon proposed redacted version of the opinion. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made.

Keywords: re: Reported Opinion. Pre-Award Bid Protest; Motion for Judgment on the Administrative Record; Agency Discretion; Unstated Evaluation Criteria. (TQ)

REPORTED OPINION on denying Motion to Dismiss - Rule 12(b)(6). Answer due by 1/22/2021. On or before 1/22/2021, the parties are directed to CONFER and FILE a joint status report informing the court of their positions on the consolidation of this case with any others matters before the court. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made. Modified on 11/23/2020 by replacing PDF due to typographical error in original.

Keywords: re: Reported Opinion Motion to Dismiss; RCFC 12(b)(6); Fair Labor Standards Act (FLSA), 29 U.S.C. §§ 201-19; Anti-Deficiency Act (ADA), 31 U.S.C. §§ 1341-42; Government Employees Fair Treatment Act of 2019 (GEFTA); Pub. L. No. 116-1, 133 Stat. 3 (2019).(TQ)

REPORTED OPINION, redacted version of sealed opinion filed October 28, 2020. Signed by Senior Judge Margaret M. Sweeney. (jb2) Service on parties made.

Keywords: re: Reported Opinion; Postaward Bid Protest; Cross-Motions for Judgment on the Administrative Record; Standing; Evaluation of Proposals; Technical Acceptability; Disparate Treatment Allegations; OCI Mitigation.

REPORTED OPINION AND ORDER. Granting Motion for Summary Judgment, denying [26] Cross-Motion for Summary Judgment. The Clerk is directed to enter judgment. Signed by Judge Ryan T. Holte. (tjw) Service on parties made.

Keywords: re: Reported Opinion and Order. Pro Se; Tax Refund Claim; RCFC 56; Motion for Summary Judgment; 26 I.R.C. § 1297; Passive Foreign Investment Company ("PFIC"); Taxpayer Bill of Rights ("TBOR"); 26 I.R.C. § 7803(a)(3).

REISSUED REPORTED OPINION Granting Motion for Summary Judgment of Non-Infringement and denying-as-moot motion as to invalidity ; Denying-as-moot [318] MOTION in Limine. Signed by Judge David A. Tapp. (co) Service on parties made.

Keywords re Reported Opinion: Patent; Non-Infringement; RCFC 56; Mas-Hamilton Grp. v. LaGard, Inc., 156 F.3d 1206 (Fed. Cir. 1998); Celotex Corp. v. Catrett, 477 U.S. 317 (1986); Doctrine of Equivalents; Anticipation; 35 U.S.C. § 112.

REPORTED OPINION granting Motion to Dismiss; denying as moot [26] Motion in Limine. Plaintiff's complaint is dismissed without leave to replead. The Clerk of Court is directed to enter judgment. Signed by Chief Judge Eleni M. Roumel. (klb) Service on parties made; plaintiff served via U.S. mail.

REPORTED OPINION reissuing **SEALED**OPINION and ORDER for publication. Signed by Senior Judge Margaret M. Sweeney. (kb1)

Keywords: re: Reported Opinion -- Postaward Bid Protest; Lodging Management Services; Tiered Set-Aside; Motion to Dismiss; Standing; Cross-Motions for Judgment on the Administrative Record; Discussions; Evaluation of Technical Approach and Performance Risk; Compliance With Solicitation's Evaluation Scheme; Permanent Injunction

REPORTED OPINION denying attorneys' fees and bid preparation and proposal costs. Signed by Senior Judge Charles F. Lettow.

Keywords: re: Motion for bid preparation and proposal costs and attorneys fees; cancelled solicitation; no judicial imprimatur; dismissal of protest as moot.

REPORTED MEMORANDUM OPINION AND ORDER granting-in-part and denying-in-part Plaintiffs' Motion For Partial Summary Judgment on Liability and granting-in-part and denying-in-part [135] The Government's Cross-Motion For Summary Judgment. Joint Status Report due by 12/31/2020. Signed by Judge Lydia Kay Griggsby. (jw) Service on parties made.

Keywords: Rails-to-Trails; Fifth Amendment Takings; National Trails System Act; Illinois Law; Notice of Interim Trail Use (NITU); Summary Judgment; RCFC 56, re: Reported Memorandum Opinion and Order.