Volume 133 — Federal Claims Reporter

REPORTED OPINION denying Plaintiff's Motion for Summary Judgment granting [22] Defendant's Motion to Dismiss - Rule 12(b)(6) The Clerk is directed to enter judgment. Signed by Senior Judge Eric G. Bruggink. (jpk1) Copy to parties.

REPORTED OPINION: Granting in part and denying in part Motion for Partial Summary Judgment granting in part and denying in part [13] Cross Motion to Dismiss. Joint Status Report due by 8/25/2017.. Signed by Judge Thomas C. Wheeler.

REPORTED OPINION denying Defendant's Motion for Summary Judgment granting in part and denying in part [87] Plaintiff's Cross Motion for Partial Summary Judgment. Status Report due by 8/21/2017. Signed by Judge Elaine D. Kaplan.

JUDGE VACCINE REPORTED OPINION re: Judgment Signed by Judge Victor J. Wolski. (ar1) Copy to parties.

REPORTED OPINION on Cross-Motions for Judgment on the Administrative Record. Signed by Judge Thomas C. Wheeler.

REPORTED OPINION denying Motion to Stay. Signed by Judge Elaine D. Kaplan.

REPORTED OPINION granting MOTION for Summary Judgment Partial filed by JENNIFER LANCLOS and denying [13] defendant's cross-motion for summary judgment. The parties shall confer and file a Joint Status Report informing the court as to the next appropriate steps in the matter, and proposing a schedule regarding the same, on or before 7/31/2017. Signed by Judge Patricia E. Campbell-Smith.

REPORTED OPINION granting Motion for Summary Judgment. The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler.

REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1). The Clerk is directed to enter final judgment in favor of defendant, DISMISSING plaintiff's complaint, for lack of subject matter jurisdiction, with prejudice. Signed by Judge Patricia E. Campbell-Smith.

REPORTED OPINION. Signed by Judge Thomas C. Wheeler.

REPORTED OPINION granting Motion for Reconsideration - Rule 59(a) The clerk's office is directed to VACATE the April 7, 2017 judgment and re-open the case. Defendant shall file it's answer or otherwise respond to plaintiff's complaint on or before August 18, 2017. . Signed by Judge Patricia E. Campbell-Smith.

PUBLIC DECISION (Originally filed: 7/31/2017) regarding Order on Motion for Review, Judge Vaccine Order/Opinion Signed by Judge Thomas C. Wheeler.

REPORTED OPINION. Signed by Chief Judge Susan G. Braden.

REPORTED OPINION Redacted Opinion and Order denying Motion for Judgment on the Administrative Record granting [41] Motion for Judgment on the Record granting [42] Motion for Judgment on the Administrative Record denying [37] Motion for Judgment on the Administrative Record granting [43] Cross-Motion for Judgment. Signed by Judge Elaine D. Kaplan.

MEMORANDUM OPINION AND ORDER granting Motion for Judgment upon the Administrative Record and denying [11] Cross-Motion for Judgment upon the Administrative Record. The Clerk is directed to enter judgment. Signed by Judge Lydia Kay Griggsby.

REPORTED ORDER reissuing Order granting Motion to Dismiss - Rule 12(b)(1) and (6). Signed by Senior Judge Loren A. Smith.

REPORTED OPINION The Clerk is directed to enter judgment. Signed by Judge Elaine D. Kaplan.

REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1) and (6). The Clerk is directed to enter judgment. Signed by Chief Judge Susan G. Braden. Copy to parties. (hw1). Modified on 8/4/2017 - USPS 7017 1450 0000 1346 3882 (hw1).

REPORTED Order REPORTED OPINION denying Motion for Judgment on the Administrative Record granting [50] Cross Motion The Clerk is directed to enter judgment. Signed by Chief Judge Susan G. Braden. (cn) Copy to parties.REPORTED Order REPORTED OPINION denying [35] Motion for Judgment on the Administrative Record granting [50] Cross Motion The Clerk is directed to enter judgment. Signed by Chief Judge Susan G. Braden.

REPORTED OPINION granting Defendant's Motion for Judgment on the Administrative Record denying [11] Plaintiff's Cross Motion. The Clerk is directed to enter judgment. Signed by Senior Judge Bohdan A. Futey.

REPORTED OPINION denying Motion to Dismiss - Rule 12(b)(6). Answer due by 8/23/2017. Signed by Judge Mary Ellen Coster Williams. (TF3) Copy to parties.

REPORTED OPINION denying Motion to Amend/Correct. Signed by Judge Mary Ellen Coster Williams. (TF3) Copy to parties.

REPORTED OPINION: Plaintiffs' motion to compel the government to produce documents, ECF No. 126, is DENIED with respect to potentially infringing systems procured, manufactured, or used by the government prior to February 12, 2013, except for those systems that were subsequently modified or upgraded by the government after that date. Signed by Judge Charles F. Lettow.

REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1). The Clerk is directed to enter judgment. Signed by Judge Elaine D. Kaplan.

REPORTED OPINION denying Motion for TRO denying [4] Motion for Preliminary Injunction. Status Report with proposed schedule for resolving the case on the merits due by 8/14/2017. Signed by Senior Judge Nancy B. Firestone.

REPORTED OPINION granting in part, as to former PCC employees who separated from employment prior to September 23, 1996 and denying in part, as to former PCC employees who separated from employment on or after September 23, 1996, Motion to Dismiss - Rule 12(b)(1) and (6). The parties are directed to file a joint status report, on or before 8/31/2017, proposing a schedule to govern this case going forward as to the claims of former employees who separated from PCC employment on or after September 23, 1996.. Signed by Judge Patricia E. Campbell-Smith.

REPORTED OPINION granting Government's Motion to Dismiss - Rule 12(b)(1) and (6) granting [22] Government's Motion for Judgment on the Administrative Record and denying [23] Plaintiff's Cross-Motion for Judgment on the Administrative Record. The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler.

REPORTED OPINION granting MOTION for Partial Summary Judgment on Defendant's Affirmative Defense filed by DNC PARKS & RESORTS AT YOSEMITE, INC. Defendant's third affirmative defense asserted in answer to the amended complaint, ECF No. 14, is DISMISSED. The parties are directed to confer and file a JOINT STATUS REPORT proposing a schedule to govern the next steps in this litigation, on or before 9/1/2017. Signed by Judge Patricia E. Campbell-Smith.

REPORTED OPINION granting Motion for Summary Judgment. The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler.

REPORTED OPINION. Signed by Chief Judge Susan G. Braden.

PUBLIC DECISION (Originally filed: 07/14/2017) regarding Order on Motion for Review, Judge Vaccine Order/Opinion. Signed by Judge Elaine D. Kaplan.

REPORTED ORDER denying Motion for Summary Judgment. Schedule due by 7/31/2017. Signed by Senior Judge Nancy B. Firestone.

REPORTED OPINION. Signed by Judge Lydia Kay Griggsby.

REPORTED OPINION: Dismissing complaint Denying [4] Motion to Transfer Denying [3] Motion for Leave to Proceed in forma pauperis The Clerk is directed to enter judgment. Tracking 7017 1450 0000 1346 3035. Signed by Judge Patricia E. Campbell-Smith.

Re-issued REPORTED OPINION of June 5, 2017, docket no [52], granting Motion for Partial Summary Judgment. Signed by Judge Patricia E. Campbell-Smith.

REPORTED OPINION. Signed by Judge Thomas C. Wheeler.

REPORTED OPINION and ORDER granting Motion to Dismiss - Rule 12(b)(1) and (6) The Clerk is directed to enter judgment. Signed by Judge Charles F. Lettow. [U.S. Certified Mail Tracking 7017 1450 0000 1346 3875]

REPORTED ORDER denying Motion for TRO denying [2] Motion for Preliminary Injunction granting in part and denying in part [20] Motion to Dismiss - Rule 12(b)(1) and (6). Signed by Judge Victor J. Wolski.

REPORTED Order denying Motion for Leave to Proceed in forma pauperis dismissing plaintiff's complaint, without prejudice, for lack of subject matter jurisdiction and directing the clerk's office to RETURN any future filings in this case that are not in compliance with this court's rules to plaintiff, UNFILED, without further order. The Clerk is directed to enter judgment. Signed by Judge Patricia E. Campbell-Smith. (dls) Copy to parties. (Plaintiff served via certified mail Article No. 7017 1450 0000 1346 2724)

REPORTED OPINION unsealing Opinion and Remand Order. Signed by Judge Mary Ellen Coster Williams.

REPORTED ORDER Status Report due by 9/14/2017. Signed by Chief Judge Susan G. Braden.

REPORTED ORDER Status Report due by 9/14/2017. Signed by Chief Judge Susan G. Braden.

REPORTED ORDER Status Report due by 9/14/2017. Signed by Chief Judge Susan G. Braden.

REPORTED ORDER Status Report due by 9/14/2017. Signed by Chief Judge Susan G. Braden.

REPORTED OPINION. Redacted version of Opinion and Order denying [37] Motion for Judgment on the Administrative record, granting [41] Cross Motion, and granting [42] Cross Motion. Signed by Judge Margaret M. Sweeney. Keywords re: Reported Opinion -- Post-Award Bid Protest Judgment on the Administrative Record Appearance of Impropriety Actual Impropriety Organizational Conflict of Interest Procurement Integrity Act Fully Informed Disinterested Observer Technical Evaluation Blue & Gold Fleet Waiver Agency Discretion.

REPORTED OPINION: The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler.

REPORTED OPINION AND ORDER reflecting redactions from the Opinion & Order previously filed under seal on August 16, 2017. Signed by Judge Charles F. Lettow.

JUDGE VACCINE REPORTED OPINION reissuing Judge Vaccine Order/Opinion. Signed by Judge Margaret M. Sweeney. (kb1)

REPORTED ORDER reissuing Opinion and Order. Signed by Senior Judge Loren A. Smith.

REPORTED OPINION granting Motion for Summary Judgment denying [30] Cross Motion. The Clerk is directed to enter judgment. Signed by Judge Mary Ellen Coster Williams. (ac7) Copy to parties.

REPORTED OPINION denying Motion for Reconsideration - Rule 59(a) denying [293] Motion for Reconsideration - Rule 59(a). The government's motion for reconsideration is DENIED. Signed by Judge Charles F. Lettow.

REPORTED OPINION denying Motion to Dismiss - Rule 12(b)(1) granting [15] Motion for Judgment on the Administrative Record denying [18] Cross-Motion for Judgment on the Administrative Record. The Clerk is directed to enter judgment. Signed by Senior Judge Loren A. Smith.

REPORTED OPINION AND ORDER reflecting no redactions from (22) the opinion and order entered under seal on Aug. 22, 2017. Signed by Judge Charles F. Lettow.

REPORTED ORDER Status Report due by 9/14/2017. Signed by Chief Judge Susan G. Braden.

REPORTED OPINION--Granting Motion for Joinder Denying [43] Motion to Dismiss 12(b)(1). Status Report due by 9/8/2017. Signed by Senior Judge Robert H. Hodges, Jr.

REPORTED OPINION denying Defendant's Converted Motion for Summary Judgment(Status Report due by 9/8/2017). Signed by Senior Judge Eric G. Bruggink. (jpk1) Copy to parties.

REPORTED OPINION--Motion for Partial Summary Judgment DENIED [82] Cross-Motion for Partial Summary Judgment DENIED. The court will schedule a status conference with parties to discuss further proceedings. Signed by Senior Judge Robert H. Hodges, Jr.

REPORTED OPINION. Plaintiff is AWARDED an equitable adjustment of the levee restoration contract increasing the IBWCs payment responsibility bythe total amount of $3,448,863, because plaintiff receives $597,075 on its riprap claim and $2,851,788 on its embankment fill claim. Plaintiff is AWARDED interest on $3,448,863 from June 4, 2013 until it receives payment for this judgment, at a rate determined by 41 U.S.C. § 7109(b). The government's counterclaim with respect to a slope change credit is DENIED. The IBWC shall RELEASE to plaintiff retained contract funds, withheld as a result of changes to the slope of portions the levee, in the amount of $431,056. The Clerk is directed to ENTER final judgment for plaintiff, as follows:(a) an equitable adjustment to the contract in the amount of $3,448,863, plus interest (b) the release of retained contract funds in the amount of $431,056 and, No costs. Signed by Senior Judge Lynn J. Bush.

REPORTED OPINION and Order denying Motion to Dismiss pursuant to Rule 12(b)(1) and (6). Signed by Judge Charles F. Lettow.

REPORTED OPINION--Granting Motion to Dismiss--Rule 12(b)(1) and (6). The Clerk is directed to enter judgment. Signed by Senior Judge Robert H. Hodges, Jr.

REPORTED OPINION reissuing OPINION and ORDER for publication. Signed by Judge Margaret M. Sweeney.

REPORTED OPINION. Plaintiff's motion for judgment on the administrative record DENIED. Defendant's and defendant-intervenor's cross motions GRANTED. No costs. Signed by Senior Judge Nancy B. Firestone.

PUBLIC DECISION (Originally filed: June 30, 2017) regarding Order Remanding to Special Master. Signed by Judge Mary Ellen Coster Williams. (TF3) Copy to parties.

PUBLIC DECISION (Originally filed: August 9, 2017) regarding Order on Motion to Redact. Signed by Judge Mary Ellen Coster Williams. (TF3) Copy to parties.

REPORTED OPINION denying Motion for Discovery.. Signed by Judge Thomas C. Wheeler.

REPORTED OPINION granting Motion to Stay Pending Appeal. Signed by Senior Judge Nancy B. Firestone.