USCFC General Jurisdiction-Reported

REPORTED OPINION (Reissuing 9/23/19 Sealed Opinion). Signed by Senior Judge Eric G. Bruggink. (wr) Service on parties made.

Keywords: re: Reported Opinion: Bid protest; post-award bid protest; 28 U.S.C. § 1491(b)(4) (2018); 48 C.F.R. § 15.306 (2018); technical evaluation; competitive range determination; responsibility determination; prejudice.

REPORTED OPINION on CROSS MOTION for Summary Judgment filed by USA, [5] MOTION for Summary Judgment filed by MICHAEL CONWAY (Joint Stipulation or Joint Status Report due by 10/18/2019) Granting in part and Denying in part [5] Motion for Summary Judgment; Granting in part and Denying in part [10] Cross Motion; and Dismissing Count I of the Complaint. Signed by Judge Richard A. Hertling. (ah) Service on parties made.

Keywords: re: Order on Motion for Summary Judgment,, Order on Cross Motion [Dispositive],, Reported Opinion,, Affordable Care Act,, Reinsurance Program,, Right of Offset,, 42 U.S.C. § 18061,, 45 C.F.R. § 156.1215,

REPORTED OPINION The Clerk is directed to enter judgment for the defendant regarding the claims of the representative plaintiffs pursuant to RCFC 54(b). Status Report due by 11/1/2019. Signed by Senior Judge Nancy B. Firestone. (lb) Service on parties made. (Main Document 504 replaced on 10/3/2019 for corrections to pgs. 8 and 11) (ac7).

Keywords: re: Reported Opinion, Fifth Amendment Taking; Government Action Through Coercion; Economic Value in a "But For World"

REPORTED OPINION denying Motion for Judgment on the Administrative Record; granting [22] Motion for Judgment on the Administrative Record The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler. (sb) Service on parties madREPORTED OPINION denying [21] Motion for Judgment on the Administrative Record; granting [22] Motion for Judgment on the Administrative Record The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler. (sb) Service on parties madREPORTED OPINION denying [21] Motion for Judgment on the Administrative Record; granting [22] Motion for Judgment on the Administrative Record The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler. (sb) Service on parties made.e.e.

Keywords: re: Order on Motion for Judgment on the Admin. Record, Reported Opinion, Reported Order, Pre-award Bid Protest; Rational Basis Standard; Competition in Contracting Act; Bundling; Consolidation; Agency Discretion; Small Business Act; Motion for Permanent Injunction; 28 U.S.C. § 1491(b); Standard for Injunctive Relief

REPORTED OPINION denying Plaintiff's MJAR; granting [19] Defendant's cross-motion. Signed by Judge Elaine D. Kaplan. (feb) Service on parties made.

Keywords re Reported Opinion: Bid Protest; Air Force; IDIQ; Technical Evaluation; IT Services

REPORTED MEMORANDUM OPINION AND ORDER GRANTING IN PART and DENYING IN PART Motion for Summary Judgment, filed by PACIFIC COAST COMMUNITY SERVICES, INC., and GRANTING IN PART and DENYING IN PART [40] Motion for Summary Judgment, filed by USA. The Court will enter an Order reflecting the conclusion of this Memorandum Opinion. Re-docketed to correct earlier entry error Signed by Judge Richard A. Hertling. (jt1) Service on parties made. (Main Document 66 replaced on 10/7/2019 to correct typographical error in opinion)

Keywords: re: Summary Judgment; Contract Interpretation; Ambiguity; Proof of Damages (abg)Keywords: re: Summary Judgment; Contract Interpretation; Ambiguity; Proof of Damages

OPINION granting Motion to Dismiss - Rule 12(b)(1) and (6). The Clerk is directed to enter judgment. Signed by Senior Judge Nancy B. Firestone. (ac7) Service on parties made. (Certified Mail# 7018 0040 0001 1393 4779)

Keywords: Pro Se; Dismissal for Lack of Subject Matter Jurisdiction; Rule 12(b)(l); Jurisdiction is lacking over: Tort Claims, Damages for Discriminationand Retaliation under the Fair Housing Act, and Claims for Punitive Damages.

REPORTED OPINION granting Motion to Compel. Signed by Senior Judge Charles F. Lettow.

Keywords: re: Motion to compel deposition; non testifying expert who is collaborator to testifying expert

REPORTED OPINION re: liability and just compensation. Joint status report due 10/15/2019. Signed by Chief Judge Margaret M. Sweeney. (pp) Service on parties made.

Keywords: Rails-to-Trails; Trial; Liability; Valid Property Interest; Standing; Waiver; Scope of Easement; Just Compensation; Larger Parcel Determination; Contiguity; Highest and Best Use; Unit Rule; Deed Restriction; Access; Comparable Sales; Adjustments; Delay Damages; Attorney Fees and Costs.

REPORTED ORDER denying Motion to Dismiss - Rule 12(b)(1) and (6); Telephonic status conference set for 10/22/2019 at 2:00 PM E.D.T. Signed by Senior Judge Mary Ellen Coster Williams. (ag) Service on parties made.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1) and (6): Rule 12(b)(1); Motion to Dismiss; Fifth Amendment Taking; Standing; Substantial Connections of Foreign Plaintiff to United States; 28 U.S.C. § 1502; United States-Iraq Status of Forces Agreement.

PUBLIC OPINION denying MOTION to Dismiss pursuant to Rules 12 (b)(1) and (6). Signed by Senior Judge Loren A. Smith. (kn) Service on parties made.

Keywords: re: Motion to Dismiss; RCFC 12(b)(1); RCFC 12(b)(6); Federal Acquisition Streamlining Act of 1994; Standing; Jurisdiction; Interested Party; Indefinite-Delivery Indefinite-Quantity Contract; Task Order.

REPORTED OPINION on the court's **sealed** opinion issued on 9/13/2019, see [190], denying Motion for Contempt; denying [185] Motion for TRO, as moot. No redactions were proposed by the parties. Thus, the sealed and public versions of this opinion 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. Motion for Contempt. (TQ)

REPORTED MEMORANDUM OPINION AND ORDER denying Veterans4You's motion for judgment upon the administrative record; granting the government's cross-motion for judgment upon the administrative record; denying Veterans4You's motion for a preliminary injunction; and dismissing the complaint. Signed by Judge Lydia Kay Griggsby. (jw) Service on parties made.

Keywords: Pre-Award Bid Protest; Judgment Upon The Administrative Record; RCFC 52.1; 2006 Veterans Benefits Act; 38 U.S.C. §§ 8127, 8128; GPO; Printing Mandate; 44 U.S.C. § 501 et. seq.; Injunctive Relief; RCFC 65, re: Reported Memorandum Opinion and Order.

REPORTED OPINION granting Motion for Leave to File Third Amended Complaint. Third Amended Complaint due by 10/11/2019. Signed by Senior Judge Charles F. Lettow.

Keywords: re: Patent infringement action; proposed amendment of complaint; lack of prejudice; complexity; fair notice; timeliness

REPORTED OPINION granting Motion for Attorney Fees and Non-Taxable Expenses. The Clerk is directed to enter judgment. Signed by Judge Elaine D. Kaplan. (feb) Service on parties made.

Keywords re Opinion and Order on Motion for Attorney Fees & Non-Taxable Expenses: Attorney Fees; Lodestar Cross-Check; Class Action; Common Fund Doctrine

REPORTED ORDER staying consideration of Motion to Dismiss - Rule 12(b)(1); denying as moot [31] Motion to Strike. Joint Status Report due by 10/11/2019. Signed by Judge Thomas C. Wheeler. (nc) Service on parties made.

Keywords: Third-Party Beneficiary; Implied-In-Fact Contract; Duty of Good Faith and Fair Dealing; Privity of Contract; Tucker Act; 28 U.S.C. § 1491; Subject-Matter Jurisdiction; RCFC 12(b)(1). Re: Order on Motion to Strike, Order on Motion to Dismiss - Rule 12(b)(1), Reported Order

REPORTED OPINION denying Motion for Summary Judgment; granting [76] Cross Motion. The judgment entered on January 17, 2018 (ECF No. 22) is vacated. The Clerk is directed to enter judgment. Signed by Senior Judge Nancy B. Firestone. (lb) Service on parties made.

Keywords: re: Order on Motion for Summary Judgment, Order on Cross Motion, Reported Opinion, RCFC 56, Breach of Contract, Oral EEO Settlement Agreement, Regulations Requiring Written Settlement Agreements.

REPORTED OPINION AND ORDER denying Plaintiff's MJAR; granting [35] Defendant's Cross-Motion. Signed by Judge Elaine D. Kaplan. (arlr) Service on parties made.

Keywords re Reported Opinion: material misrepresentation, key personnel, final proposal revisions, corrective action, award rescission.

REPORTED OPINION. Signed by Senior Judge Marian Blank Horn. (jm5) Service on parties made.

Liability Trial; Contract Disputes Act; Breach of Contract; Copyright Infringement. Keywords: re: Reported Opinion

REPORTED ORDER Reissued Final Opinion. Signed by Senior Judge Edward J. Damich. (co) Service on parties made.

Keywords: re: Reported Order Copyright Infringement; Reproduction Rights; Distribution Rights; Authorization; Permission; Software; Licenses; 17 U.S.C. § 106; 28 U.S.C. § 1498(b); 17 U.S.C. § 501(a).