United States Court of Federal Claims, Case No. 1:99-cv-00168-ECH:
HORNBACK v. USA
Judge Emily C. Hewitt, presiding

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No Logo ALTON B. HORNBACK, Plaintiff

No attorney information is available for this party.

v.
USA, Defendant

Susan L. C. Mitchell
United States Department of Justice
Phone: +1 202 616 8116
Fax: +1 202 307 0345
E-Mail: susan.mitchell@usdoj.gov

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Office COFC
Filed 3/24/1999
Jury Demand
Demand $10000000
Nature of Suit 508 -
Cause Section 28 U.S.C. § 1491 Tucker Act
Jurisdiction U.S. Government Defendant
Disposition Dismissed
County
Terminated 5/22/2003
Origin 1
Reopened
Lead Case
199-cv-00168-ECH None
Related Case
Other Court Case None
Def Custody Status
Flags CLOSED, LEAD
 -- Filed: 3/24/1999, Entered: 3/25/1999 Case Assigned/Reassigned
CASE assigned to Judge Unassigned. (FE)
 1 Filed: 3/24/1999, Entered: 3/25/1999 Complaint
COMPLAINT, FILING FEE $120, RECEIPT #047213. Answer due on 5/24/99. (FE)
 2 Filed: 3/24/1999, Entered: 3/25/1999 Notice of Related Case(s)
NOTICE by ALTON B. HORNBACK of related cases: (99-38 C, 98-58 C, 96-647 C, 96-121 C). (FE)
 3 Filed: 3/29/1999, Entered: 3/29/1999 Court Filing
Notice of assignment to Judge Roger B. Andewelt. Copy to parties. (FE)
 4 Filed: 4/6/1999, Entered: 4/12/1999 Notice of Appearance
NOTICE of Attorney Appearance for USA by Cameron Robert Elliot. Service : 4/6/99 (JT)
 5 Filed: 4/6/1999, Entered: 4/12/1999 Terminated:
MOTION by ALTON B. HORNBACK (Service : 4/2/99 ) to remove judge from case. Response due: 4/19/99 (JT)
 6 Filed: 4/9/1999, Entered: 4/14/1999 Response to Motion
RESPONSE by USA (Service: 4/9/99) to [5-1] motion to remove judge from case. Reply due: 4/23/99. (FE)
 7 Filed: 4/28/1999, Entered: 4/30/1999, Terminated: 3/26/2001 Terminated:
MOTION by USA (Service : 4/28/99 ) for Summary Judgment . Response due: 6/1/99. (HW)
 8 Filed: 4/28/1999, Entered: 4/30/1999 Proposed Findings of Uncontroverted Fact
PROPOSED FINDINGS of Uncontroverted Fact by USA. Service: 4/28/99. (HW)
 9 Filed: 4/28/1999, Entered: 5/1/1999, Terminated: 6/2/1999 Terminated:
MOTION by USA (Service : 4/28/99 ) to stay discovery. Response due: 5/17/99 (JT)
 -- Filed: 5/10/1999, Entered: 5/12/1999 Set/Reset Deadlines
Deadline updated; Defendant's response to [10-1] cross motion reset to 6/7/99. (JT)
 10 Filed: 5/10/1999, Entered: 5/12/1999 Terminated:
CROSS MOTION by ALTON B. HORNBACK ( Service: 5/6/99 ) and RESPONSE to [7-1] motion for Summary Judgment by USA. Response due: 6/7/99 (JT)
 11 Filed: 5/10/1999, Entered: 5/13/1999 Proposed Findings of Uncontroverted Fact
PROPOSED FINDINGS of Uncontroverted Fact by ALTON B. HORNBACK. Service: 5/6/99 (JT)
 12 Filed: 5/10/1999, Entered: 5/13/1999 Response
RESPONSE by ALTON B. HORNBACK to [8-1] proposed findings by USA. Service: 5/6/99 (JT)
 13 Filed: 5/21/1999, Entered: 5/26/1999 Response to Motion
RESPONSE by USA (Service: 5/21/99 ) to [10-1] cross motion. Reply due: 6/7/99 (JT)
 14 Filed: 6/2/1999, Entered: 6/7/1999 Order Court Filing
ORDER granting [9-1] motion to stay discovery (signed by Judge Roger B. Andewelt). Copy to parties. (FE)
 15 Filed: 6/2/1999, Entered: 6/7/1999 Reply to Response to Motion
REPLY by ALTON B. HORNBACK to response to [10-1] cross motion. Service: 5/25/99 (JT)
 16 Filed: 6/18/1999, Entered: 6/23/1999 Memorandum
SUPPLEMENTAL REPLY by ALTON B. HORNBACK re: [15-1] motion reply by ALTON B. HORNBACK. Service: 6/14/99 (JT)
 17 Filed: 7/19/1999, Entered: 7/19/1999, Terminated: 3/26/2001 Motion for Miscellaneous Relief
MOTION by ALTON B. HORNBACK (Service : 7/16/99 ) for punitive damages for crimes committed to mask unauthorized use of an invention. Response due: 8/2/99 (JT)
 18 Filed: 7/26/1999, Entered: 7/27/1999, Terminated: 7/30/1999 Terminated:
MOTION by ALTON B. HORNBACK (Service : 7/20/99 ) to defer decision until 10/19/99. Response due: 8/6/99 (JT)
 19 Filed: 7/27/1999, Entered: 7/28/1999 Response to Motion
RESPONSE by USA (Service: 7/27/99 ) to [17-1] motion for punitive damages for crimes committed to mask unauthorized use of an invention. Reply due: 8/9/99 (JT)
 20 Filed: 7/27/1999, Entered: 7/28/1999 Response to Motion
RESPONSE by USA (Service: 7/27/99 ) to [18-1] motion to defer decision until 10/19/99. Reply due: 8/9/99 (JT)
 21 Filed: 7/29/1999, Entered: 7/30/1999 Terminated:
MOTION by ALTON B. HORNBACK (Service : 7/26/99 ) for Leave to Supplement the Record. Response due: 8/12/99 (JT)
 22 Filed: 7/30/1999, Entered: 7/30/1999 Court Filing
SUPPLEMENTAL REPLY NO. 2 by ALTON B. HORNBACK re: [15-1] motion reply by ALTON B. HORNBACK. Filed by leave of the Judge. Service: 7/3/99 (JT)
 23 Filed: 7/30/1999, Entered: 8/2/1999 Order Court Filing
ORDER granting [18-1] motion to defer decision until after 10/19/99. ( signed by Judge Roger B. Andewelt ) Copy to parties. (JT)
 24 Filed: 8/5/1999, Entered: 8/10/1999 Reply to Response to Motion
REPLY by ALTON B. HORNBACK to response to [17-1] motion for punitive damages for crimes committed to mask unauthorized use of an invention. Service: 8/2/99 (JT)
 25 Filed: 9/29/1999, Entered: 10/1/1999 Memorandum Court Filing
AMENDED SUPPLEMENTAL REPLY by ALTON B. HORNBACK re: Defendant's response to Plaintiff's cross-motion. Filed by leave of the Judge. Service: 9/20/99 (JT)
 26 Filed: 9/29/1999, Entered: 10/1/1999 Memorandum Court Filing
SUPPLEMENTAL REPLY NO. 3 by ALTON B. HORNBACK re: Defendant's response to Plaintiff's cross-motion. Filed by leave of the Judge. Service: 9/18/99 (JT)
 27 Filed: 11/10/1999, Entered: 11/15/1999 Terminated:
MOTION by ALTON B. HORNBACK (Service : 11/5/99 ) for judgment on the pleadings. Response due: 12/6/99 (JT)
 30 Filed: 11/12/1999, Entered: 12/9/1999 Response to Motion
RESPONSE by USA (Service: 11/12/99 ) to [27-1] motion for judgment on the pleadings. Reply due: 12/1/99 (AB)
 31 Filed: 11/22/1999, Entered: 12/9/1999 Reply to Response to Motion
REPLY by ALTON B. HORNBACK to response to [27-1] motion for judgment on the pleadings. . Service: 11/18/99 (AB)
 28 Filed: 12/1/1999, Entered: 12/4/1999 Terminated:
MOTION by ALTON B. HORNBACK (Service : 11/19/99 ) to order PTO either to issue patent or to reimpose secrecy order. Response due: 12/6/99 (JT)
 29 Filed: 12/6/1999, Entered: 12/8/1999 Response to Motion
RESPONSE by USA (Service: 12/6/99) to [28-1] motion to order PTO either to issue patent or to reimpose secrecy order. Reply due: 12/20/99. (FE)
 32 Filed: 12/14/1999, Entered: 12/17/1999 Reply to Response to Motion
REPLY by ALTON B. HORNBACK to response to [28-1] motion to order PTO either to issue patent or to reimpose secrecy order. Service: 12/10/99 (JT)
 33 Filed: 12/20/1999, Entered: 12/22/1999 Terminated:
MOTION by ALTON B. HORNBACK (Service : 12/16/99 ) to remove judge from case for cause. Response due: 1/3/00 (JT)
 34 Filed: 12/22/1999, Entered: 12/23/1999 Response to Motion
RESPONSE by USA (Service: 12/22/99 ) to [33-1] motion to remove judge from case for cause. Reply due: 1/7/00 (AB)
 35 Filed: 1/3/2000, Entered: 1/3/2000
REPLY by ALTON B. HORNBACK to response to [33-1] motion to remove judge from case for cause. Service: 12/28/99 (AB)
 36 Filed: 4/10/2000, Entered: 4/11/2000 Terminated:
MOTION by ALTON B. HORNBACK (Service : 4/6/00 ) for Leave to supplement the record. Response due: 4/24/00 (JT)
 37 Filed: 4/13/2000, Entered: 4/13/2000
RESPONSE by USA (Service: 4/13/00) to [36-1] motion for Leave to supplement the record. Reply due: 4/27/00. (FE)
 38 Filed: 4/25/2000, Entered: 4/26/2000 Reply to Response to Motion
REPLY by ALTON B. HORNBACK to response to [36-1] motion for Leave to supplement the record. Service: 4/21/00 (JT)
 39 Filed: 7/6/2000, Entered: 7/12/2000 Terminated:
MOTION by ALTON B. HORNBACK (Service : 7/3/00 ) for Leave to Supplement the record and for expedited consideration. Response due: 7/20/00 (JT)
 40 Filed: 9/19/2000, Entered: 9/21/2000 Terminated:
MOTION by ALTON B. HORNBACK (Service: 9/14/00) for Leave to supplement the record . Response due: 10/2/00. (FE)
 41 Filed: 9/22/2000, Entered: 10/3/2000 Response to Motion
RESPONSE by USA (Service: 9/22/00 ) to [40-1] motion for Leave to supplement the record. Reply due: 10/6/00 (HW)
 42 Filed: 10/2/2000, Entered: 10/5/2000 Reply to Response to Motion
REPLY by ALTON B. HORNBACK to response to [40-1] motion for Leave to supplement the record. Service: 10/2/00. (FE)
 -- Filed: 3/15/2001, Entered: 3/23/2001 Status Conference
Status Conference set at 2:00 p.m. on 3/19/01 (in this, 00-374C, 01-99C and 01-136C) (DS)
 -- Filed: 3/19/2001, Entered: 3/23/2001 Status Conference
Status Conference held ( Transcript due 3/26/01 ) (in this, 00-374C, 01-99C, and 01-136C) (DS)
 -- Filed: 3/26/2001, Entered: 4/10/2001 Remark
See No. 00-374 C for Order consolidating cases. (DS)
 -- Filed: 3/26/2001, Entered: 4/17/2001 Set/Clear Flags
Consolidated Lead Case (AB)
 43 Filed: 3/26/2001, Entered: 4/10/2001 Order Court Filing
ORDER denying [7-1] motion for Summary Judgment; denying [17-1] motion for punitive damages for crimes committed to mask unauthorized use of an invention; denying as moot [28-1] motion to order PTO either to issue patent or to reimpose secrecy order; granting [21-1] motion for Leave to Supplement the Record, [36-1] motion for Leave to supplement the record, [39-1] motion for Leave to Supplement the record, and [40-1] motion for Leave to supplement the record; lifting suspension of discovery; directing parties to complete discovery by 7/17/01 ; istaying further consideration of plaintiff's motions for summary judgment (filed in this and 00-374C) pending completion of discovery; directing plaintiff to file a status report within 30 days after completion of discovery; staying further consideration of plaintiff's motion for judgment on the pleadings (filed in No. 99-168C) pending the filing of defendant's answer; directing defendant to file its answer to each of plaintiff's complaints ( filed in this and 00-374C) by 4/9/01 ; and directing parties to file a joint status report by 4/30/01 . ( signed by Judge Roger B. Andewelt ) Copy to parties. (DS)
 44 Filed: 3/27/2001, Entered: 3/28/2001 Transcript
TRANSCRIPT of proceedings 1 volume, at Washington, D.C., for date of March 19, 2001. Notice to parties. (FE) Modified on 04/10/2001
 45 Filed: 4/5/2001, Entered: 4/10/2001 Answer
ANSWER to Complaint by USA. Service: 4/5/01 (DS)
 47 Filed: 4/16/2001, Entered: 4/18/2001 Terminated:
MOTION by ALTON B. HORNBACK (Service : 4/10/01 ) for Judgment on the Pleadings . Response due: 5/11/01. (HW)
 48 Filed: 4/16/2001, Entered: 4/18/2001, Terminated: 7/9/2001 Terminated:
MOTION (No. 2) by ALTON B. HORNBACK (Service : 4/10/01 ) for Judgment on the Pleadings . Response due: 5/11/01. (HW)
 46 Filed: 4/17/2001, Entered: 4/18/2001 Notice (Other)
JOINT STATEMENT REGARDING U.S. PATENT NO. 6,079,666 by ALTON B. HORNBACK and USA. Service: 4/17/01. (FE)
 49 Filed: 4/17/2001, Entered: 4/18/2001 Response to Motion
RESPONSE by USA (Service: 4/17/01 ) to [47-1] motion for Judgment on the Pleadings. Reply due: 5/4/01. (HW)
 50 Filed: 4/17/2001, Entered: 4/18/2001 Response to Motion
RESPONSE by USA (Service: 4/17/01 ) to [48-1] motion for Judgment on the Pleadings. Reply due: 5/4/01. (HW)
 51 Filed: 4/20/2001, Entered: 4/24/2001 Response Court Filing
REPLY by ALTON B. HORNBACK to [45-1] answer by USA, by leave of the Judge. Service: 4/14/01. (FE)
 52 Filed: 4/30/2001, Entered: 5/2/2001 Reply to Response to Motion
REPLY by ALTON B. HORNBACK to response to [48-1] motion for Judgment on the Pleadings [re: 00-374 C]. Service: 4/23/01. (HW)
 53 Filed: 4/30/2001, Entered: 5/2/2001 Reply to Response to Motion
REPLY by ALTON B. HORNBACK to response to [47-1] motion for Judgment on the Pleadings. Service: 4/23/01. (HW)
 54 Filed: 5/1/2001, Entered: 5/2/2001 Terminated:
MOTION by ALTON B. HORNBACK (Service: 4/27/01) for Leave to supplement the record and for order to direct the PTO to issue new patent . Response due: 5/14/01. (FE)
 55 Filed: 5/8/2001, Entered: 5/9/2001 Status Report
STATUS REPORT by ALTON B. HORNBACK. Service: 5/4/01. (FE)
 56 Filed: 5/8/2001, Entered: 5/9/2001 Response to Motion
RESPONSE by USA (Service: 5/8/01) to [54-1] motion for Leave to supplement the record and for order to direct the PTO to issue new patent. Reply due: 5/21/01. (FE)
 57 Filed: 5/31/2001, Entered: 6/1/2001 Reply to Response to Motion Court Filing
REPLY by ALTON B. HORNBACK to response to [54-1] motion for Leave to supplement the record and for order to direct the PTO to issue new patent, by leave of the Judge. Service: 5/17/01. (FE)
 58 Filed: 6/4/2001, Entered: 6/5/2001 Proposed Findings of Uncontroverted Fact
PROPOSED FINDINGS of Uncontroverted Fact by USA Service: 6/4/01 (FE)
 59 Filed: 6/4/2001, Entered: 6/6/2001 Terminated:
MOTION by USA (Service: 6/4/01) for partial Summary Judgment . Response due: 7/5/01. (LTD)
 60 Filed: 6/15/2001, Entered: 6/18/2001 Response to Motion
RESPONSE by ALTON B. HORNBACK (Service: 6/11/01) to [59-1] motion for partial Summary Judgment. Reply due: 6/28/01. (FE)
 61 Filed: 6/15/2001, Entered: 6/18/2001 Statement of Genuine Issues
STATEMENT OF GENUINE ISSUES by ALTON B. HORNBACK. Service: 6/11/01. (FE)
 62 Filed: 6/19/2001, Entered: 6/20/2001 Reply to Response to Motion
REPLY by USA to response to [59-1] motion for partial Summary Judgment. Service: 6/19/01. (FE)
 63 Filed: 7/9/2001, Entered: 7/10/2001 Order Court Filing
ORDER denying [48-1] motion for Judgment on the Pleadings, denying [47-1] motion for Judgment on the Pleadings (signed by Judge Roger B. Andewelt). Copy to parties. (LTD)
 -- Filed: 8/9/2001, Entered: 8/10/2001 Case Assigned/Reassigned
CASE reassigned to Chief Judge Lawrence M. Baskir. (LTD)
 64 Filed: 8/9/2001, Entered: 8/10/2001 Order Court Filing
ORDER reassigning case to Chief Judge Baskir (signed by Chief Judge Lawrence M. Baskir). Copy to parties. (LTD)
 65 Filed: 9/6/2001, Entered: 9/6/2001 Court Filing
ORDER transferring case to Judge Emily C. Hewitt. ( signed by Chief Judge Lawrence M. Baskir ) Copy to parties. (DS) Modified on 09/06/2001
 66 Filed: 9/6/2001, Entered: 9/6/2001 Court Filing
Notice of reassignment to Judge Emily C. Hewitt . Copy to parties. (DS) Modified on 09/06/2001
 67 Filed: 9/20/2001, Entered: 9/21/2001 Notice of Appearance
NOTICE of Attorney Appearance for USA by Susan Layne Christenberry. Service: 9/20/01. (FE)
 68 Filed: 10/12/2001, Entered: 10/15/2001 Status Report Order Court Filing
STATUS REPORT ORDER. Joint Status report due on 10/22/01 (signed by Judge Emily C. Hewitt). Copy to parties. (LTD)
 69 Filed: 10/22/2001, Entered: 10/23/2001 Status Report
STATUS REPORT by USA. Service: 10/22/01. (FE)
 70 Filed: 10/24/2001, Entered: 10/24/2001 Court Filing
ORDER setting telephonic Status Conference for 1:30 p.m. on 11/5/01 (signed by Judge Emily C. Hewitt). Copy to parties. (LTD)
 71 Filed: 11/6/2001, Entered: 11/7/2001 Order Court Filing
ORDER staying proceedings until issuance of a decision in 99-38 (signed by Judge Emily C. Hewitt). Copy to parties. (LTD)
 72 Filed: 1/2/2002, Entered: 1/3/2002 Status Report
STATUS REPORT by ALTON B. HORNBACK. Service: 10/19/01. (HW)
 73 Filed: 2/3/2003, Entered: 2/12/2003 Order Court Filing
ORDER Plaintiff's response deadline to 2/21/03 and Defendant's response deadline to 3/5/03 (signed by Judge Emily C. Hewitt). Copy to parties. (FE)
 74 Filed: 2/3/2003, Entered: 2/13/2003 Notice of Change of Address
NOTICE of change of name by Susan L. C. Mitchell. (HW)
 75 Filed: 2/27/2003, Entered: 3/5/2003 Terminated:
MOTION by ALTON B. HORNBACK (Service: 2/25/03) for Leave to file response to show cause order, out of time . Response due: 3/14/03. (FILED WITH RESPOSE TO SHOW CAUSE ORDER FILED 2/3/03). (LTD)
 76 Filed: 5/13/2003, Entered: 5/22/2003 Published Opinion/Order Court Filing
PUBLISHED ORDER and OPINION. This consolidated action shall be dismissed. The Clerk is directed to enter judgment for the defendant. No Costs. Signed by Judge Emily C. Hewitt. (hw1, )
 77 Filed: 5/22/2003, Entered: 5/22/2003
JUDGMENT entered, pursuant to Rule 58, in favor of defendant and the complaint is dismissed. No costs. (lld, )
 78 Filed: 6/2/2003, Entered: 6/2/2003, Terminated: 3/5/2004 Notice of Appeal
NOTICE OF APPEAL by ALTON B. HORNBACK. Filing fee $ 105, receipt number 057603. Copies to judge, opposing party and CAFC. (hw1, )
 79 Filed: 6/11/2003, Entered: 6/17/2003 Order Returning Document Unfiled Court Filing
ORDER RETURNING Petition for Reconsideration of Opinion and Order Dismissing Instant Action and Plaintiff's Motion for Leave to Withdraw Petition, etc. received 6/2/03 because judgment was entered in this matter on May 22, 2003 and judgment has been appealed, etc. Signed by Judge Emily C. Hewitt. (hw1, )
 80 Filed: 3/5/2004, Entered: 3/17/2004 CAFC Mandate Affirming
MANDATE of CAFC affirming [77] Judgment order. (hw1, )

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