Rapattoni v. Sylvester, et al

Federal Civil Lawsuit Virginia Eastern District Court, Case No. 1:98-cv-00884-TSE
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Parties
No Logo Charles R. Rapattoni, Plaintiff

Represented by Paley Rothman

Name Phone Fax E-Mail
Space Alan David Eisler +1 301 656 7603
v.
No Logo General Scientific Corporation, Defendant
Officially listed as "General Scientific Corp."

Represented by Fiske & Harvey PLLC

Name Phone Fax E-Mail
Space Lori Lane Vaughn Ebersohl +1 703 518 9910
No Logo Henry G. Nash, Defendant

Represented by Fiske & Harvey PLLC

Name Phone Fax E-Mail
Space Lori Lane Vaughn Ebersohl +1 703 518 9910
No Logo John F. Sylvester, Defendant

Represented by Richard D. Carter PLLC

Name Phone Fax E-Mail
Space Richard Dennis Carter +1 703 549 0076 +1 703 299 8740 rcarter@richcarterlaw.com
No Logo Rafael J. Dominguez, Defendant

Represented by hamitoniplaw.com Law Firm Placeholder

Name Phone Fax E-Mail
Space James H. Rodio +1 703 720 8600
No Logo Thomas J. DeBenedetto, Defendant

Represented by Fiske & Harvey PLLC

Name Phone Fax E-Mail
Space Lori Lane Vaughn Ebersohl +1 703 518 9910
Attributes
Office Alexandria
Filed 6/22/1998
Jury Demand Plaintiff
Demand $0
Nature of Suit 890 - Other Statutes: Other Statutory Actions
Cause Section 31 U.S.C. § 3729 False Claims Act
Jurisdiction Federal Question
Disposition Dismissed - Other
County Out of State
Terminated 9/21/1998
Origin 1
Reopened None
Lead Case None
Related Case
Other Court Case 98-2646[]
Def Custody Status
Flag CLOSED
Timeline
  Entries (70) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Blank 57 Filed: 2/1/1999, Entered: 2/2/1999 USCA Judgment
JUDGMENT OF USCA (certified copy) states that the Court DISMISSES this appeal pursuant to Rule 42(b) of FRAP Re: [55-1] appeal by Charles R. Rapattoni (clerk)
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Blank -- Filed: 11/12/1998, Entered: 11/13/1998 USCA Case Number
USCA Case Number Re: [55-1] appeal by plaintiff CASE MANAGER: Sandra Crumpton USCA NUMBER: 98-2646 (clar)
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Blank 56 Filed: 10/28/1998, Entered: 10/29/1998 Transcript
TRANSCRIPT for dates of 9/18/98 (Excerpt: Ruling by Court [TSE]) (clerk)
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Blank 55 Filed: 10/6/1998, Entered: 10/8/1998 Notice of Appeal
NOTICE OF APPEAL OF [54-1] order by Charles R. Rapattoni . FILING FEE $ 105.00 RECEIPT # 100 124244 Copies sent to Charles R. Rapattoni, John F. Sylvester, General Scientific, Henry G. Nash, Thomas J. DeBenedetto, Rafael J. Dominguez, United States; Copy of Notice, Order and docket sheets sent to USCA (clar)
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Blank 54 Filed: 9/21/1998, Entered: 9/23/1998 OrderCourt Filing
ORDER that for reasons stated from the bench, defts' motions to dismiss are granted, ent - filed ( signed by Judge T. S. Ellis III ) Copies Mailed: yes (clerk)
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Blank -- Filed: 9/21/1998, Entered: 9/23/1998 Case Assigned/Reassigned
CASE assigned to Judge T. S. Ellis III (clerk)
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Blank -- Filed: 9/21/1998, Entered: 9/23/1998 Terminated Case
Case closed (clerk)
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Blank -- Filed: 9/18/1998, Entered: 9/23/1998 Minutes-Miscellaneous
Minute entry: Judge Ellis. Reporter: Rodriquez. Appearances: counsel. Matter came on for hearing on defts' motions to dismiss - argued and granted. (clerk)
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Blank 53 Filed: 9/17/1998, Entered: 9/17/1998 Affidavit
DECLARATION of Charles R. Rapattoni (psid)
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Blank 52 Filed: 9/17/1998, Entered: 9/17/1998 Affidavit
SUPPLEMENTAL DECLARATION of Charles R. Rapattoni (psid)
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Blank 51 Filed: 9/17/1998, Entered: 9/17/1998 Reply to Response to Motion
REPLY by Charles R. Rapattoni in opposition to [49-1] motion by Rafael J. Dominguez, Thomas J. DeBenedetto, Henry G. Nash, General Scientific to Dismiss, [25-1] motion by John F. Sylvester to dismiss and in support of [44-1] cross motion for Rule 56(f) discovery by Charles R. Rapattoni, (psid)
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Blank 50 Filed: 9/14/1998, Entered: 9/16/1998 Memorandum in Support
MEMORANDUM by General Scientific, Henry G. Nash, Thomas J. DeBenedetto, Rafael J. Dominguez in support of [49-1] motion by Rafael J. Dominguez, Thomas J. DeBenedetto, Henry G. Nash, General Scientific to Dismiss by Rafael J. Dominguez, Thomas J. DeBenedetto, Henry G. Nash, General Scientific (clerk)
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Blank 49 Filed: 9/14/1998, Entered: 9/16/1998 Motion to Dismiss
MOTION by Rafael J. Dominguez, Thomas J. DeBenedetto, Henry G. Nash, General Scientific to Dismiss (clerk)
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Blank 48 Filed: 9/14/1998, Entered: 9/15/1998 Remark
STATEMENT of facts as to which there is no genuine dispute by defendant John F. Sylvester (clerk)
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Blank 47 Filed: 9/14/1998, Entered: 9/15/1998 Memorandum in Support
MEMORANDUM by John F. Sylvester in support of [46-1] third motion by John F. Sylvester to Dismiss by John F. Sylvester, [46-2] motion by John F. Sylvester for Summary Judgment by John F. Sylvester (clerk)
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Blank 46 Filed: 9/14/1998, Entered: 9/15/1998 Motion to Dismiss
THIRD MOTION by John F. Sylvester to Dismiss , or in the alternative by John F. Sylvester for Summary Judgment (clerk)
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Blank 41 Filed: 9/10/1998, Entered: 9/10/1998 Scheduling OrderCourt Filing
SCHEDULING ORDER setting Discovery cutoff 12/31/98 ; Pretrial Conference for 11:25 1/21/99 ; ( signed by Judge Claude M. Hilton ) Copies Mailed: yes (ksta)
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Blank 45 Filed: 9/9/1998, Entered: 9/11/1998 Affidavit
Declaration of Charles R. Rapattoni Re: [44-1] opposition memorandum by Charles R. Rapattoni (clar)
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Blank 44 Filed: 9/9/1998, Entered: 9/11/1998 Motion for Miscellaneous Relief
CROSS MOTION by Charles R. Rapattoni for Rule 56(f) discovery (clar)
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Blank 44 Filed: 9/9/1998, Entered: 9/11/1998 Memorandum in Opposition
MEMORANDUM by Charles R. Rapattoni in opposition to [25-1] motion by John F. Sylvester to Dismiss (clar)
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Blank 43 Filed: 9/9/1998, Entered: 9/11/1998 Remark
STATEMENT OF MATERIAL FACTS in Dispute filed by plaintiff Charles R. Rapattoni, interested party United States (pmil)
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Blank 42 Filed: 9/9/1998, Entered: 9/11/1998 Amended Complaint
SECOND AMENDED COMPLAINT by Charles R. Rapattoni amending [14-1] amended complaint by Charles R. Rapattoni ;; jury demand (pmil)
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Blank 40 Filed: 8/31/1998, Entered: 9/2/1998 OrderCourt Filing
ORDER that for reasons stated from the bench, GSC defts' motion to dismiss is deferred, and pltf. is given leave to amend his complaint. Pltf's second amended complaint is due by 9/9/98. Contesting papers are due by 9/14/98. Pltf's response, if any, is due by 9/17/98. The Court will hear argument on defts. GSC and Sylvester's motion to dismiss on 9/18/98 at 2:00pm. Discovery is stayed until that date, ent - filed ( signed by Judge T. S. Ellis III ) Copies Mailed: yes (clerk)
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Blank 39 Filed: 8/28/1998, Entered: 8/31/1998 OrderCourt Filing
ORDERED, Plainitff's Motion to Compel Discovery and to Set Hearing on Defendants' Motions after Compliance with Discovery is DENIED (signed by Magistrate Judge Barry R. Poretz ) Copies Mailed: y (jsch)
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Blank -- Filed: 8/28/1998, Entered: 8/31/1998 Set/Reset Deadlines:
Deadline updated; Motion Hearing set for 2:00 9/18/98 for [25-1] motion by John F. Sylvester to Dismiss, set for 2:00 9/18/98 for [25-2] motion by John F. Sylvester for Summary Judgment, set for 2:00 9/18/98 for [21-1] motion by Rafael J. Dominguez, Thomas J. DeBenedetto, Henry G. Nash, General Scientific to Dismiss the amended complaint (clerk)
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Blank -- Filed: 8/28/1998, Entered: 8/31/1998 Minutes-Miscellaneous
Minute entry: Judge Ellis. Reporter: McCoy. Appearances: counsel. Matter came on for hearing on motion to dismiss by defts. General Scientific, Dominquez, DeBenedetto, and Nash - argued and cont'd. Pltf. has leave to file second amended complaint by c.o.b. on 9/9/98. Deft. may file response by 9/14/98. Pltf. may file its reply by 9/17/98. Hearing set for 9/18/98 @ 2:00. Discovery stayed unitl 9/18/98. Deft. Sylvester's motion to dismiss also cont'd to 9/18/98 @ 2:00. Pltf. has until 9/9/98 to file its response to this motion. (clerk)
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Blank -- Filed: 8/28/1998, Entered: 8/28/1998 Minutes-Miscellaneous
Minute entry: Magistrate Judge Poretz. Reporter: Rudiger & Green. Appearances: Counsel for Ptlf. & Deft. This matter came on for Pltf's. Motion to compel - Matter argued and Denied. Order to be entered. (jsch)
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Blank 38 Filed: 8/26/1998, Entered: 8/27/1998 Response in Opposition to Motion
RESPONSE by General Scientific, Henry G. Nash, Thomas J. DeBenedetto in opposition to [29-1] motion by Charles R. Rapattoni to Compel discovery by Charles R. Rapattoni, [29-2] motion by Charles R. Rapattoni to set hearing on defts' motions after compliance with discovery by Charles R. Rapattoni (clerk)
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Blank 37 Filed: 8/26/1998, Entered: 8/27/1998 Response in Opposition to Motion
RESPONSE by John F. Sylvester in opposition to [29-1] motion by Charles R. Rapattoni to Compel discovery by Charles R. Rapattoni (clerk)
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Blank 34 Filed: 8/25/1998, Entered: 8/25/1998, Terminated: 8/21/1998 Motion to Continue
EMERGENCY MOTION by Charles R. Rapattoni to Continue defendant Sylvester's pending motion to dismiss or in the alternative for S/J. (clerk)
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Blank 36 Filed: 8/24/1998, Entered: 8/25/1998 Response in Opposition to Motion
RESPONSE by Charles R. Rapattoni in opposition to [25-1] motion by John F. Sylvester to Dismiss by John F. Sylvester (clerk)
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Blank 35 Filed: 8/21/1998, Entered: 8/25/1998 OrderCourt Filing
ORDER granting [34-1] motion by Charles R. Rapattoni to Continue defendant Sylvester's pending motion to dismiss or in the alternative for S/J. until 9/11/98 at 10:00. Plaintiff shall file ips papers opposing the motion no later than 9/4/98 with copies to be served upon dft Sylvester by facsimile transmission or messenger ( signed by Magistrate Judge Barry R. Poretz ) Copies Mailed: yes (clerk)
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Blank 33 Filed: 8/21/1998, Entered: 8/21/1998, Terminated: 9/21/1998 Response in Opposition to Motion
RESPONSE by John F. Sylvester in opposition to [31-1] Emergency motion by Charles R. Rapattoni to Continue deft Sylvester's pending motion to Dismiss or in the alternative for Summary Judgment by Charles R. Rapattoni (clerk)
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Blank -- Filed: 8/21/1998, Entered: 8/25/1998 Set/Reset Deadlines:
Deadline updated; Motion Hearing set for 10:00 9/11/98 for [25-1] motion by John F. Sylvester to Dismiss, set for 10:00 9/11/98 for [25-2] motion by John F. Sylvester for Summary Judgment (clerk)
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Blank 32 Filed: 8/20/1998, Entered: 8/21/1998 Notice of Hearing.
AMENDED NOTICE of Hearing: Motion Hearing set for 10:00 8/28/98 for [29-1] motion by Charles R. Rapattoni to Compel discovery as to defts GSC, Nash and Debenedetto (clerk)
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Blank 31 Filed: 8/20/1998, Entered: 8/21/1998 Motion to Continue
EMERGENCY MOTION by Charles R. Rapattoni to Continue deft Sylvester's pending motion to Dismiss or in the alternative for Summary Judgment (clerk)
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Blank 30 Filed: 8/17/1998, Entered: 8/18/1998 Memorandum in Support
MEMORANDUM by Charles R. Rapattoni in support of [29-1] motion by Charles R. Rapattoni to Compel discovery by Charles R. Rapattoni, [29-2] motion by Charles R. Rapattoni to set hearing on defts' motions after compliance with discovery by Charles R. Rapattoni (clerk)
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Blank 29 Filed: 8/17/1998, Entered: 8/18/1998 Motion to Compel
MOTION by Charles R. Rapattoni to Compel discovery , and by Charles R. Rapattoni to set hearing on defts' motions after compliance with discovery (clerk)
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Blank -- Filed: 8/17/1998, Entered: 8/18/1998 Notice of Hearing.
NOTICE of Hearing: Motion Hearing set for 10:00 8/21/98 for [29-1] motion by Charles R. Rapattoni to Compel discovery, set for 10:00 8/21/98 for [29-2] motion by Charles R. Rapattoni to set hearing on defts' motions after compliance with discovery (Notice filed w/ motion) (clerk)
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Blank 28 Filed: 8/14/1998, Entered: 8/17/1998 Notice of Hearing.
NOTICE of Hearing: Motion Hearing set for 10:00 8/28/98 for [25-1] motion by John F. Sylvester to Dismiss, set for 10:00 8/28/98 for [25-2] motion by John F. Sylvester for Summary Judgment (clerk)
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Blank 27 Filed: 8/14/1998, Entered: 8/17/1998 Remark
STATEMENT OF FACTS as to which there is no genuine dispute by defendant John F. Sylvester (clerk)
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Blank 26 Filed: 8/14/1998, Entered: 8/17/1998 Memorandum in Support
MEMORANDUM by John F. Sylvester in support of [25-1] motion by John F. Sylvester to Dismiss by John F. Sylvester, [25-2] motion by John F. Sylvester for Summary Judgment by John F. Sylvester (clerk)
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Blank 25 Filed: 8/14/1998, Entered: 8/17/1998 Motion to Dismiss
MOTION by John F. Sylvester to Dismiss , or in the alternative by John F. Sylvester for Summary Judgment (clerk)
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Blank 23 Filed: 8/11/1998, Entered: 8/12/1998 Notice of Hearing.
NOTICE of Hearing: Motion Hearing set for 10:00 8/28/98 for [21-1] motion by Rafael J. Dominguez, Thomas J. DeBenedetto, Henry G. Nash, General Scientific to Dismiss the amended complaint (clerk)
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Blank 22 Filed: 8/11/1998, Entered: 8/12/1998 Memorandum in Support
MEMORANDUM by General Scientific, Henry G. Nash, Thomas J. DeBenedetto, Rafael J. Dominguez in support of [21-1] motion by Rafael J. Dominguez, Thomas J. DeBenedetto, Henry G. Nash, General Scientific to Dismiss the amended complaint by Rafael J. Dominguez, Thomas J. DeBenedetto, Henry G. Nash, General Scientific (clerk)
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Blank 21 Filed: 8/11/1998, Entered: 8/12/1998 Motion to Dismiss
MOTION by Rafael J. Dominguez, Thomas J. DeBenedetto, Henry G. Nash, General Scientific to Dismiss the amended complaint (clerk)
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Blank 24 Filed: 8/10/1998, Entered: 8/13/1998 Summons Returned Executed
SUMMONS Returned Executed as to Rafael J. Dominguez 7/27/98 Answer due on 8/17/98 for Rafael J. Dominguez (psid)
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Blank 20 Filed: 8/7/1998, Entered: 8/11/1998 OrderCourt Filing
ORDERED, Defendants GSC, Nash and DeBenedetto's Motion to Enlarge Time to Respond to Discovery is Denied. (signed by Magistrate Judge Barry R. Poretz ) Copies Mailed: y (jsch)
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Blank -- Filed: 8/7/1998, Entered: 8/11/1998 Minutes-Miscellaneous
Minute entry: Magistrate Judge Portez. Reporter: Rudiger & Green. Appearances: Counsel for Pltf. & Deft. This matter came on for Deft's. Motion to extend time to respond to discovery - Matter argued and Denied. Order to be entered. (jsch)
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Blank 19 Filed: 8/5/1998, Entered: 8/5/1998, Terminated: 9/21/1998 Response in Opposition to Motion
RESPONSE by Charles R. Rapattoni in opposition to [16-1] motion by Thomas J. DeBenedetto, Henry G. Nash, General Scientific to Extend Time to respond to discovery by Thomas J. DeBenedetto, Henry G. Nash, General Scientific (clerk)
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Blank 18 Filed: 7/31/1998, Entered: 8/3/1998 Notice of Hearing.
NOTICE of Hearing: Motion Hearing set for 10:00 8/7/98 for [16-1] motion by Thomas J. DeBenedetto, Henry G. Nash, General Scientific to Extend Time to respond to discovery (clerk)
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Blank 17 Filed: 7/31/1998, Entered: 8/3/1998 Memorandum in Support
MEMORANDUM by General Scientific, Henry G. Nash, Thomas J. DeBenedetto in support of [16-1] motion by Thomas J. DeBenedetto, Henry G. Nash, General Scientific to Extend Time to respond to discovery by Thomas J. DeBenedetto, Henry G. Nash, General Scientific (clerk)
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Blank 16 Filed: 7/31/1998, Entered: 8/3/1998 Motion for Extension
MOTION by Thomas J. DeBenedetto, Henry G. Nash, General Scientific to Extend Time to respond to discovery (clerk)
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Blank 15 Filed: 7/30/1998, Entered: 7/31/1998 Notice
NOTICE of Withdrawal of Motion to dismiss w/o prejudice by John F. Sylvester (clerk)
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Blank 14 Filed: 7/28/1998, Entered: 7/28/1998 Amended Complaint
AMENDED COMPLAINT by Charles R. Rapattoni amending [3-1] complaint ;; jury demand (clerk)
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Blank 13 Filed: 7/28/1998, Entered: 7/28/1998 Memorandum in Opposition
MEMORANDUM by Charles R. Rapattoni in opposition to [10-1] motion by John F. Sylvester to Dismiss by John F. Sylvester (clerk)
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Blank -- Filed: 7/20/1998, Entered: 7/22/1998 Summons Issued
Alias SUMMONS(ES) (orig. & 1) issued and given to counsel for service by SPS for Rafael J. Dominguez (clar)
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Blank 12 Filed: 7/17/1998, Entered: 7/21/1998 Notice of Hearing.
NOTICE of Hearing: Motion Hearing set for 10:00 7/31/98 for [10-1] motion by John F. Sylvester to Dismiss (clerk)
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Blank 11 Filed: 7/17/1998, Entered: 7/21/1998 Memorandum in Support
MEMORANDUM by John F. Sylvester in support of [10-1] motion by John F. Sylvester to Dismiss by John F. Sylvester (clerk)
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Blank 10 Filed: 7/17/1998, Entered: 7/21/1998 Motion to Dismiss
MOTION by John F. Sylvester to Dismiss (clerk)
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Blank 9 Filed: 7/14/1998, Entered: 7/20/1998 OrderCourt Filing
Consent ORDER for enlargement of time for defendants GSC, Nash, and DeBenedetto to respond to complaint until 8/11/98 to answer, move, or otherwise respond to the complaint - ent & filed ( signed by Judge Albert V. Bryan Jr. ) Copies Mailed: yes (clar)
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Blank 8 Filed: 7/1/1998, Entered: 7/7/1998 Summons Returned Executed
SUMMONS Returned Executed as to Thomas J. DeBenedetto 7/1/98 Answer due on 7/21/98 for Thomas J. DeBenedetto (clar)
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Blank 7 Filed: 6/29/1998, Entered: 6/30/1998 Summons Returned Executed
SUMMONS Returned Executed as to John F. Sylvester 6/27/98 Answer due on 7/17/98 for John F. Sylvester (clar)
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Blank 6 Filed: 6/25/1998, Entered: 6/30/1998 Summons Returned Executed
SUMMONS Returned Executed as to Rafael J. Dominguez 6/24/98 Answer due on 7/14/98 for Rafael J. Dominguez (clar)
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Blank 5 Filed: 6/25/1998, Entered: 6/30/1998 Summons Returned Executed
SUMMONS Returned Executed as to Henry G. Nash 6/24/98 Answer due on 7/14/98 for Henry G. Nash (clar)
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Blank 4 Filed: 6/25/1998, Entered: 6/30/1998 Summons Returned Executed
SUMMONS Returned Executed as to General Scientific 6/24/98 Answer due on 7/14/98 for General Scientific (clar)
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Blank 3 Filed: 6/22/1998, Entered: 6/30/1998 Complaint
COMPLAINT Filing Fee $ 150.00 Receipt # 100 122038 (clar)
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Blank 2 Filed: 6/22/1998, Entered: 6/30/1998 Notice
NOTICE of Election to Decline Intervention filed by United States (filed on 3/30/98) (clar)
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Blank 1 Filed: 6/22/1998, Entered: 6/30/1998 OrderCourt Filing
ORDERED, that the complaint be unsealed and served upon the defendants pursuant to the Local Rules of this Court; it is further ORDERED that all other contents of the Court's file in this action shall remain under seal and not be made public or served upon the defendants, except for this Order and the Government's Notice of Election to Decline Intervention; it is further ORDERED that the parties are to serve all pleadings and motions filed in this action, including supporting memoranda, upon the United States, as provided for in 31 U.S.C. S3730(c)(3); it is further ORDERED that the Clerk shall sent the Government's counsel all orders issued by the Court in this action; it is further ORDERED that should the relator or the defendants propose that this action be dismissed, settled or otherwise discontinued, the Court will solicit the written consent of the United States before ruling or granting its approval; and it is further ORDERED that the United States may order any deposition transcripts and is entitled to intervene in this action at any time for good cause. (see order for details) - ent & filed. ( signed by Judge Claude M. Hilton ) Copies Mailed: yes (filed on 4/6/98) (clar) Modified on 06/30/1998
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Blank -- Filed: 6/22/1998, Entered: 6/30/1998 Summons Issued
SUMMONS(ES) (org & 5) issued and given to Atty for service by SPS for John F. Sylvester, General Scientific, Henry G. Nash, Thomas J. DeBenedetto, Rafael J. Dominguez (clar)
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