SOEKEN v. USA
Federal Civil Lawsuit United States Court of Federal Claims, Case No. 1:00-cv-00002-MRT
District Judge Moody R. Tidwell, III, presiding

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No Logo DONALD R. SOEKEN, Plaintiff

Toggle Switch Represented by Unknown Firm

Name Phone Fax E-Mail
Space Terrence James Benshoof +1 312 368 1400
v.
United States of America United States of America, Defendant
Officially listed as "USA"

Toggle Switch Represented by United States Department of Justice

Name Phone Fax E-Mail
Space Domenique Grace Kirchner +1 202 307 1111 +1 202 514 8624 domenique.kirchner@usdoj.gov
Office COFC
Filed 1/3/2000
Jury Demand
Demand $0
Nature of Suit 352 - Military Pay - Retirement
Cause Section 28 U.S.C. § 1491 Tucker Act
Jurisdiction U.S. Government Defendant
Disposition Preliminary Injunction
County
Terminated 8/29/2000
Origin 1
Reopened None
Lead Case None
Related Case
Other Court Case None
Def Custody Status
Flag CLOSED
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Blank 22 Filed: 12/3/2001, Entered: 12/6/2001 CAFC Mandate Affirming
MANDATE (certified copy) from CAFC dated December 3, 2001 affirmed [20-1] judgment order. (HW)
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    Blank -- Filed: 11/3/2000, Entered: 11/13/2000 CAFC Case Number
    CAFC Case Number Re: [21-1] appeal by DONALD R. SOEKEN CAFC NUMBER: 01-5019 (HW)
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      Blank 21 Filed: 10/25/2000, Entered: 10/25/2000, Terminated: 12/3/2001 Notice of AppealCourt Filing
      NOTICE OF APPEAL by DONALD R. SOEKEN. Copy to Defendant, Senior Judge Moody R. Tidwell, Jr., and to CAFC. FILING FEE $ 105.00; RECEIPT # 050652. (HW)
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        Blank 20 Filed: 8/29/2000, Entered: 8/29/2000
        JUDGMENT entered, pursuant to Rule 58, that the complaint is dismissed, without prejudice. No costs. (signed by Clerk). Copy to parties. (LD)
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          Blank 19 Filed: 8/29/2000, Entered: 8/29/2000 Court Filing
          PUBLISHED DECISION concluding that plaintiff's complaint must be dismissed pursuant to RCFC 12(b)(1) because (1) plaintiff voluntarily resigned from the PHS and (2) the Military Whistleblower Protection Act cannot support this court's jurisdiction as it is not money-mandating. Accordingly, defendant's [10-1] motion to dismiss the amended complaint is granted and the Clerk is directed to dismiss the complaint without prejudice. No costs. ( signed by Sr. Judge Moody R. Tidwell, III ). Copy to parties. (LD)
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            Blank -- Filed: 8/29/2000, Entered: 8/29/2000
            Case closed (LD)
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              Blank 18 Filed: 5/26/2000, Entered: 5/31/2000 Terminated:
              MOTION by USA (Service : 5/26/00 ) for oral argument. Response due: 6/12/00 (JT) Modified on 05/31/2000
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                Blank 17 Filed: 5/26/2000, Entered: 5/30/2000 Reply to Response to Motion
                REPLY by USA to response to [10-1] motion to dismiss the amended complaint. Service: 5/26/00 (JT)
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                  Blank 16 Filed: 5/11/2000, Entered: 5/12/2000 Terminated:
                  RESPONSE by DONALD R. SOEKEN (Service: 5/10/00) to [10-1] motion to dismiss the amended complaint. Reply due: 5/22/00. (FE)
                    LREF
                    Blank 15 Filed: 4/26/2000, Entered: 4/27/2000 Amended ComplaintCourt Filing
                    AMENDED COMPLAINT by DONALD R. SOEKEN (Answer due 5/9/00) amending [1-1] complaint, by leave of the Judge. Service: 4/26/00. (FE)
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                      Blank 14 Filed: 4/26/2000, Entered: 4/27/2000 Terminated: Court Filing
                      MOTION by DONALD R. SOEKEN (Service: 4/26/00 ) to substitute attorney (consented) Terminated attorney DONALD R. SOEKEN for DONALD R. SOEKEN Added Terrence James Benshoof , by leave of the Judge. (FE)
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                        Blank 13 Filed: 4/26/2000, Entered: 4/27/2000 OrderCourt Filing
                        ORDER re: Plaintiff's Motion to Substitute Counsel and First Amended Complaint, submitted on April 11, 2000, shall be filed by leave of the Court (signed by Sr. Judge Moody R. Tidwell, III). Copy to parties. (FE)
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                          Blank 12 Filed: 4/26/2000, Entered: 4/27/2000 Statement of FactsCourt Filing
                          STATEMENT OF FACTS in support of Motion to Dismiss filed by USA, by leave of the Judge. Service: 4/24/00. (FE)
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                            Blank 11 Filed: 4/26/2000, Entered: 4/27/2000 OrderCourt Filing
                            ORDER re: Defendant's Statement of Facts in Support of its Motion to Dismiss, submitted on April 24, 2000, shall be filed by leave of the Court (signed by Sr. Judge Moody R. Tidwell, III). Copy to parties. (FE)
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                              Blank 10 Filed: 4/24/2000, Entered: 4/25/2000 Terminated:
                              MOTION by USA (Service : 4/24/00 ) to dismiss the amended complaint. Response due: 5/25/00 (JT)
                                LREF
                                Blank 9 Filed: 4/7/2000, Entered: 4/7/2000 Court Filing
                                ORDER granting [8-1] motion for Leave to File a motion or answer (signed by Sr. Judge Moody R. Tidwell, III). Copy to parties. (FE)
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                                  Blank 8 Filed: 4/5/2000, Entered: 4/6/2000, Terminated: 4/7/2000 Terminated:
                                  MOTION by USA (Service : 4/5/00 ) for Leave to File a motion or answer. Response due: 4/24/00 (JT)
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                                    Blank 7 Filed: 4/3/2000, Entered: 4/4/2000 OrderCourt Filing
                                    ORDER returning to Plaintiff for correction of defects the appearance of additional counsel and amended complaint. ( signed by Sr. Judge Moody R. Tidwell, III ) Copy to parties. (JT)
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                                      Blank 6 Filed: 2/29/2000, Entered: 3/2/2000 OrderCourt Filing
                                      ORDER granting [5-1] motion to Extend Time to respond to Complaint. Reset Answer deadline to 4/3/00. ( signed by Sr. Judge Moody R. Tidwell, III ) Copy to parties. (JT)
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                                        Blank 5 Filed: 2/28/2000, Entered: 2/29/2000, Terminated: 2/29/2000 Terminated:
                                        MOTION by USA (Service: 2/28/00) to Extend Time to respond to Complaint until 4/3/00. (FE)
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                                          Blank 4 Filed: 2/2/2000, Entered: 2/4/2000 Notice of Appearance/
                                          NOTICE of Attorney Appearance for USA by Domenique Grace Kirchner. Service : 2/2/00 (JT)
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                                            Blank 3 Filed: 1/19/2000, Entered: 1/19/2000 Court Filing
                                            ORDER re: filing of motions for extensions of time and requests for oral argument. ( signed by Sr. Judge Moody R. Tidwell, III ) Copy to parties. (DS)
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                                              Blank 2 Filed: 1/7/2000, Entered: 1/10/2000 Case Assigned/ReassignedCourt Filing
                                              Notice of assignment to Sr. Judge Moody R. Tidwell, III. Copy to parties. (FE)
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                                                Blank 1 Filed: 1/3/2000, Entered: 1/3/2000
                                                COMPLAINT, FILING FEE $120, RECEIPT #048896. Answer due on 3/3/00. (FE)
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                                                  Blank -- Filed: 1/3/2000, Entered: 1/3/2000
                                                  CASE assigned to Judge Unassigned. (FE)
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