USCFC General Jurisdiction-Reported

REPORTED OPINION granting in part and denying in part Motion to Dismiss - Rule 12(b)(1) and (6). Signed by Judge Elaine D. Kaplan. (arlr) Service on parties made.

Keywords re Order on Motion to Dismiss - Rule 12(b)(1) and (6), Reported Opinion: Motion to Dismiss; RCFC 12(b)(6); RCFC 12(b)(1); Takings Clause; Fifth Amendment; Flooding; Standing.

REPORTED OPINION: Reflecting redactions from the opinion and order previously entered on January 30, 2020. Signed by Senior Judge Charles F. Lettow.

Keywords [48]: Post-award bid protest; reasonableness of agency's evaluation of an offeror's management and organization; agency's discretion whether to seek clarification.

REPORTED OPINION granting Motion for Protective Order. Signed by Judge Elaine D. Kaplan. (feb) Service on parties made.

Keywords re Opinion and Order on Motion for Protective Order: Protective Order; Anonymity; FLSA; Overtime Pay; Federal Bureau of Investigation; English Monitor Analyst

REPORTED MEMORANDUM OPINION AND ORDER denying the government's motion to dismiss. Answer due by 2/19/2020. Signed by Judge Lydia Kay Griggsby. (jp) Service on parties made.

Keywords: RCFC 12(b)(1); Subject-Matter Jurisdiction; 5 U.S.C. § 5538; Differential Pay, re: Reported Memorandum Opinion and Order.

PUBLIC OPINION reissuing SEALED OPINION and ORDER. Signed by Senior Judge Loren A. Smith. (kn) Service on parties made.

Keywords: Pre-Award Bid Protest; Post-Award Bid Protest; Tucker Act; Administrative Procedure Act; Federal Supply Schedule; Schedule 70; Solicitation Amendment; Task Order; Best Value; Standing; Blue & Gold Fleet, L.P. v. United States; Waiver; Agency-Level Protest; Best Value; Technical Evaluation. Re: Reported Order.

REPORTED OPINION Denying MOTION to Dismiss pursuant to Rule 12(b)(1) and Rule 14 Response filed by ASM RESARCH, LLC. (Status Report due by 2/14/2020). Signed by Judge David A. Tapp. (jm) Service on parties made.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1), Motion to Dismiss, RCFC 12(b)(1), Subject Matter Jurisdiction, 28 U.S.C. § 1500, Government Proxy, Res Judicata, Copyright Infringement, Pending Claims, United States v. Tohono OOdham Nation, 563 U.S. 307, 31011 (2011), National Cored Forgings Co. v. United States, 132 Ct. Cl. 11, 1719 (1955), Davis v. United States, 642 Fed. Appx 982, 985 (Fed. Cir. 2016), UNR Indus., Inc. v. United States, 962 F.2d 1013, 101819 (Fed. Cir. 1992).

REPORTED OPINION denying Motion to Dismiss - Rule 12(b)(6). Signed by Judge Ryan T. Holte. (nb7) Service on parties made.

Keywords: re: Patent Infringement; RCFC 12(b)(6); Motion to Dismiss; 35 U.S.C. § 101; Patent-ineligible Subject Matter; Abstract Idea.

Re-docketed for posting to the court's website. REPORTED OPINION: Denying Motion for a PI and findings moot Motion for TRO. Opinion originally filed under seal on 1/28/2020. Signed by Senior Judge Nancy B. Firestone. (ac7) Service on parties made.

Keywords: re: Reported Opinion: Bid Protest; Post-Award; Preliminary Injunction.

REDOCKETED FOR PUBLICATION REPORTED OPINION directing the clerk to enter judgment. Signed by Chief Judge Margaret M. Sweeney. (ac7)

Keywords: Pro Se Plaintiff; Jurisdiction; Sua Sponte Dismissal. (ac7)Keywords: re: Reported Opinion. Pro Se Plaintiff; Jurisdiction; Sua Sponte Dismissal.

REPORTED ORDER; ECF No. 169 reissued with redactions. Signed by Judge David A. Tapp. (jm) Service on parties made.

REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1) and (6); denying [6] Motion for Default Judgment The Clerk is directed to enter judgment. Signed by Senior Judge Charles F. Lettow. (tb) Service on parties made. (Plaintiff served via certified mail: Article No. 7018 2290 0000 5183 9164)

Keywords: Claim for whistleblower award under Internal Revenue Code § 7623; unavailability of a remedy in contract because of statutorily mandated appeal to the Tax Court under I.R.C. § 7623(b)(4).

REPORTED OPINION denying Motion for Partial Summary Judgment; granting [82] Cross Motion. The Clerk is directed to enter judgment. Signed by Senior Judge Eric G. Bruggink. (wr) Service on parties made.

Keywords: re: Order on Motion for Partial Summary Judgment, Order on Cross Motion [Dispositive], Reported Opinion: Contracts; termination for convenience; allowable costs; FAR 52.249-2 (1996); FAR 31.205-42(b) (2018); summary judgment; upgrade costs; utilities.

REPORTED OPINION (Public) granting motion for clarification, denying motion for reconsideration, denying as moot motion for preliminary injunction. Signed by Senior Judge Nancy B. Firestone. (lb) Service on parties made.

Keywords re Reported Opinion: Preliminary Injunction; Motions for Reconsideration; RCFC 59; RCFC 60.

REPORTED ORDER reissuing for publication Order denying [42] Motion for Reconsideration - Rule 59(a) and denying [42] Motion for Relief from Judgment - Rule 60. Signed by Chief Judge Margaret M. Sweeney.

Keywords: re: Postaward Bid Protest; Motion for Reconsideration; RCFC 59; Motion for Relief from a Judgment; RCFC 60

**VACATED PURSUANT TO Order of 10/14/20.** REPORTED OPINION granting [63] Motion for Attorney Fees as to entitlement. Signed by Senior Judge Mary Ellen Coster Williams. (ag) Service on parties made. Modified on 1/24/2020 - corrected docket text (jt1). Modified on 11/4/2020 to add Vacated statement

Keywords: re: Patent Infringement; Motion for Attorney Fees; 35 U.S.C. § 285; Exceptionality; Prevailing Party.

REPORTED OPINION of the court's **SEALED**OPINION issued on 1/9/2020, see ECF No. [31], on First MOTION to Transfer to ASBCA filed by USA, granting in part, as to transfer to the ASBCA, and denying in part, as to the request for consolidation, as the court is without authority to direct proceedings before the Board. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made.

Keywords: re: Reported Opinion, Motion to Transfer; 41 U.S.C. § 7107(d) (2012). (TQ)

REPORTED ORDER denying MOTION to Stay Pending Appeal filed by EMERGENCY PLANNING MANAGEMENT, INC.. Signed by Judge Thomas C. Wheeler. (sb) Service on parties made.

Keywords: re: Order on Motion to Stay, Reported Order; Motion for Stay Pending Appeal; RCFC 62; Factors to be Considered; Analysis of Likelihood of Success on the Merits; Irreparable Harm; Balance of Harms to Government; Effect on Public Interest.

REPORTED OPINION granting in part and denying in part Motion for Summary Judgment; denying [42] Motion for Summary Judgment. Defendant shall file any objections to the reasonableness of the amount of plaintiff's claimed attorneys' fees on or before 2/14/2020. Plaintiff shall file its reply on or before 2/28/2020. Signed by Senior Judge Charles F. Lettow.

Keywords re: Reported Opinion:Contractors claim for partial reimbursement of legal fees incurred in successful defense of qui tam suit; application of the Spearin doctrine; equitable adjustment; FAR Part 31.

REPORTED OPINION of the court's sealed OPINION and ORDER issued on December 23, 2019, ECF No. [29], defendants motion to dismiss is GRANTED in part, as to Counts I, II, and IV of the complaint, and DENIED in part as to Count III of the complaint. Pursuant to RCFC 54(b), as there is no just reason for delay, the Clerk is directed to enter judgment, dismissing Counts I, II, and IV of the complaint, without prejudice, for lack of subject matter jurisdiction. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made.

Keywords: re: Reported Opinion. Post-Award Bid Protest; Motion to Dismiss, RCFC 12(b)(1); Partial Dismissal of Protest, RCFC 12(h)(3); [ ] Performance Evaluation for Prior Contract Performance; Courts Bid Protest Jurisdiction Does Not Include Direct Challenges to Performance Evaluations in Other Contracts. (TQ)

REPORTED OPINION: Granting-in-Part Motion for Summary Judgment. The Clerk is directed to enter judgment. Signed by Judge David A. Tapp. U.S. Postal Service Certified Mail Receipt Tracking# 7018 1830 0001 4963 6502(vds) Service on parties made.