MYERS v. USA
Federal Civil Lawsuit United States Court of Federal Claims, Case No. 1:00-cv-00316-RJY
District Judge Robert J. Yock, presiding

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No Logo ROBERT M. MYERS, Plaintiff
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 David Robert Feniger +1 202 307 3390 +1 202 305 2118 david.feniger@usdoj.gov
Office COFC
Filed 5/25/2000
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 10/31/2001
Origin 1
Reopened None
Lead Case None
Related Case
Other Court Case None
Def Custody Status
Flag CLOSED
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Blank 38 Filed: 10/31/2001, Entered: 10/31/2001
JUDGMENT entered, pursuant to Rule 58, that the complaint is dismissed, with prejudice. Each party is to bear its own costs. (signed by Clerk). Copy to parties. (LD)
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    Blank 37 Filed: 10/31/2001, Entered: 10/31/2001 Court Filing
    PUBLISHED DECISION finding that plaintiff's claims are barred by the applicable six-year statute of limitations. The defendant's motion to dismiss is granted, and the plaintiff's complaint is to be dismissed with prejudice. THe clerk is directed to enter judgment for defendant. Each party is to bear its own costs. ( signed by Sr. Judge Robert J. Yock ). Copy to parties. (LD)
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      Blank -- Filed: 10/31/2001, Entered: 10/31/2001
      Case closed (LD)
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        Blank 36 Filed: 7/20/2001, Entered: 7/20/2001, Terminated: 10/31/2001 ResponseCourt Filing
        RESPONSE by ROBERT M. MYERS pursuant to [34-1] order, by leave of the Judge. Service: 7/15/01. (FE)
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          Blank 35 Filed: 7/3/2001, Entered: 7/5/2001 Terminated:
          RESPONSE by USA to [34-1] order. Service: 7/3/01. (FE)
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            Blank -- Filed: 7/3/2001, Entered: 7/5/2001 Set/Reset Deadlines:
            Deadline updated; Plaintiff's reply due to defendant's response filed on 7/3/01 by 7/17/01 (FE)
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              Blank 34 Filed: 6/19/2001, Entered: 6/20/2001 OrderCourt Filing
              ORDER re: The Court directs the Defendant to respond to the plaintiff's assertions by July 3, 2001, with plaintiff to reply on this issue by July 17, 2001 (signed by Sr. Judge Robert J. Yock). Copy to parties. (FE)
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                Blank 33 Filed: 4/27/2001, Entered: 4/30/2001 MemorandumCourt Filing
                SUR-REPLY by ROBERT M. MYERS re: [25-1] motion for Summary Judgment by ROBERT M. MYERS, by leave of the Judge. Service: 4/27/01. (FE)
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                  Blank 32 Filed: 4/27/2001, Entered: 4/30/2001 OrderCourt Filing
                  ORDER re: Plaintiff's submission received on April 19, 2001, shall be filed as the plaintiff's "Sur-Reply in Support of Plaintiff's Motion for Judgment Upon the Administrative Record", as there is no "Cross-Motion" on the Docket (signed by Sr. Judge Robert J. Yock). Copy to parties. (FE)
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                    Blank 31 Filed: 4/6/2001, Entered: 4/9/2001 Reply to Response to MotionCourt Filing
                    REPLY by ROBERT M. MYERS to response to [25-1] motion for Summary Judgment, filed by leave of the Judge. Service: 4/6/01. (HW)
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                      Blank 30 Filed: 4/6/2001, Entered: 4/9/2001 OrderCourt Filing
                      ORDER directing the Clerk's Office to file plaintiff's submissions received 3/26/01 as reply to response. If plaintiff's intent was not as a reply, court should be advised by 4/20/01 ( signed by Sr. Judge Robert J. Yock ) Copy to parties. (HW)
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                        Blank 29 Filed: 3/1/2001, Entered: 3/5/2001 OrderCourt Filing
                        ORDER re: Reply to Response to Motion reset to 3/16/01 for [16-1] motion for judgment upon the administrative record . ( signed by Sr. Judge Robert J. Yock ) Copy to parties. (HW)
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                          Blank 28 Filed: 12/11/2000, Entered: 12/12/2000 Reply to Response to MotionCourt Filing
                          REPLY by USA to response to [16-1] motion for judgment upon the administrative record, by leave of the Judge. Service: 12/8/00. (FE)
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                            Blank 27 Filed: 12/11/2000, Entered: 12/12/2000 OrderCourt Filing
                            ORDER granting [26-1] motion to Extend Time to reply to response to motion for judgment Reply to Response to Motion reset to 12/8/00 for [16-1] motion for judgment upon the administrative record (signed by Sr. Judge Robert J. Yock). Copy to parties. (FE)
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                              Blank 26 Filed: 12/8/2000, Entered: 12/12/2000, Terminated: 12/11/2000 Terminated:
                              MOTION by USA (Service : 12/8/00 ) to Extend Time to reply to response to motion for judgment [until December 8, 2000]. Response due: 12/26/00 (JT)
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                                Blank 25 Filed: 11/30/2000, Entered: 12/4/2000 Terminated: Court Filing
                                MOTION by ROBERT M. MYERS (Service : 10/25/00 ) for Summary Judgment. Filed by leave of the Judge. Response due: 11/27/00 (JT)
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                                  Blank 24 Filed: 11/30/2000, Entered: 12/4/2000 Statement of FactsCourt Filing
                                  STATEMENT OF FACTS filed by ROBERT M. MYERS. Filed by leave of the Judge. (JT)
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                                    Blank 23 Filed: 11/30/2000, Entered: 11/30/2000, Terminated: 10/31/2001 Response to MotionCourt Filing
                                    RESPONSE (Filed by leave of the Judge) by ROBERT M. MYERS (Service: 11/21/00) to [16-1] motion for judgment upon the administrative record. Reply due: 12/8/00. (FE) Modified on 11/30/2000
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                                      Blank 22 Filed: 11/20/2000, Entered: 11/22/2000 Terminated:
                                      RESPONSE by USA (Service: 11/20/00 ) to [19-1] motion for Leave to File records. Reply due: 12/4/00 (JT)
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                                        Blank 21 Filed: 11/16/2000, Entered: 11/20/2000 OrderCourt Filing
                                        ORDER directing the return of Defendant's reply to response to motion for judgment. The filing is premature. ( signed by Sr. Judge Robert J. Yock ) Copy to parties. (JT)
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                                          Blank 20 Filed: 11/13/2000, Entered: 11/15/2000 OrderCourt Filing
                                          ORDER returning to Plaintiff the motion for judgment upon the administrative record (statement of facts is missing) for correction of defects. ( signed by Sr. Judge Robert J. Yock ) Copy to parties. (JT)
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                                            Blank 19 Filed: 11/13/2000, Entered: 11/15/2000 Terminated:
                                            MOTION by ROBERT M. MYERS for Leave to File records. Response due: 11/30/00 (JT)
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                                              Blank 18 Filed: 11/13/2000, Entered: 11/15/2000 OrderCourt Filing
                                              ORDER re: Plaintiff's motion to file records. ( signed by Sr. Judge Robert J. Yock ) Copy to parties. (JT)
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                                                Blank 17 Filed: 10/17/2000, Entered: 10/20/2000 OrderCourt Filing
                                                ORDER granting [12-1] motion to Extend Time to respond to the complaint until October 17, 2000. ( signed by Sr. Judge Robert J. Yock ) Copy to parties. (JT)
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                                                  Blank 16 Filed: 10/17/2000, Entered: 10/19/2000 Terminated:
                                                  MOTION by USA (Service : 10/17/00 ) for judgment upon the administrative record. (1 Separate Volume of Appendix) Response due: 11/17/00 (JT)
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                                                    Blank 15 Filed: 10/17/2000, Entered: 10/19/2000 Statement of Facts
                                                    STATEMENT OF FACTS filed by USA. Service: 10/17/00 (JT)
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                                                      Blank 14 Filed: 10/17/2000, Entered: 10/19/2000 Administrative Record
                                                      Administrative Record filed by USA. (JT)
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                                                        Blank 13 Filed: 10/17/2000, Entered: 10/19/2000 OrderCourt Filing
                                                        ORDER granting [11-1] motion for Leave to file the administrative record of the ABCMR, granting [11-2] motion for Waiver of Copying Requirements. ( signed by Sr. Judge Robert J. Yock ) Copy to parties. (JT)
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                                                          Blank 12 Filed: 10/12/2000, Entered: 10/17/2000, Terminated: 10/17/2000 Terminated:
                                                          MOTION by USA (Service : 10/12/00 ) to Extend Time to respond to the complaint [until October 17, 2000]. Response due: 10/30/00 (JT)
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                                                            Blank 11 Filed: 10/12/2000, Entered: 10/13/2000, Terminated: 10/17/2000 Terminated:
                                                            MOTION by USA (Service: 10/12/00) for Leave to file the administrative record of the ABCMR and for Waiver of Copying Requirements . Response due: 10/30/00. (FE)
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                                                              Blank 10 Filed: 10/3/2000, Entered: 10/5/2000 OrderCourt Filing
                                                              ORDER granting [8-1] motion for Leave to Amend the Complaint. ( signed by Sr. Judge Robert J. Yock ) Copy to parties. (JT)
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                                                                Blank 9 Filed: 9/20/2000, Entered: 9/22/2000 OrderCourt Filing
                                                                ORDER granting [5-1] motion to Extend Time to respond to the complaint reset Answer deadline to 10/12/00 ( signed by Sr. Judge Robert J. Yock ) Copy to parties. (DS)
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                                                                  Blank 8 Filed: 9/11/2000, Entered: 9/12/2000, Terminated: 10/3/2000 Terminated:
                                                                  MOTION by ROBERT M. MYERS (Service : 9/6/00 ) for Leave to Amend the Complaint. Response due: 9/25/00 (JT)
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                                                                    Blank 7 Filed: 8/29/2000, Entered: 8/30/2000 OrderCourt Filing
                                                                    ORDER granting [4-1] motion to Extend Time within which to respond to the complaint Answer deadline to 8/28/00 ( signed by Judge Eric G. Bruggink for Judge Robert J. Yock). Copy to parties. (FE)
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                                                                      Blank 6 Filed: 8/25/2000, Entered: 8/29/2000 Notice of Change of Address
                                                                      NOTICE of change of address by ROBERT M. MYERS (HW)
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                                                                        Blank 5 Filed: 8/25/2000, Entered: 8/28/2000, Terminated: 9/20/2000 Terminated:
                                                                        MOTION by USA (Service : 8/25/00 ) to Extend Time to respond to the complaint [until October 12, 2000]. Response due: 9/11/00 (JT)
                                                                          LREF
                                                                          Blank 4 Filed: 7/18/2000, Entered: 7/21/2000, Terminated: 8/29/2000 Terminated:
                                                                          MOTION by USA (Service : 7/18/00 ) to Extend Time within which to respond to the complaint , (until August 28, 2000). Response due: 8/7/00 (HW)
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                                                                            Blank 3 Filed: 7/7/2000, Entered: 7/11/2000 Notice of Appearance/
                                                                            NOTICE of Attorney Appearance for USA by David Robert Feniger. Service: 7/7/00. (FE)
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                                                                              Blank 2 Filed: 6/5/2000, Entered: 6/7/2000 Case Assigned/ReassignedCourt Filing
                                                                              Notice of assignment to Sr. Judge Robert J. Yock. Copy to parties. (FE)
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                                                                                Blank 1 Filed: 5/25/2000, Entered: 5/26/2000 Complaint
                                                                                COMPLAINT (Filed with Exhibits A-L), FILING FEE $120, RECEIPT #049716. Answer due on 7/24/00. (FE)
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                                                                                  Blank -- Filed: 5/25/2000, Entered: 5/26/2000 Case Assigned/Reassigned
                                                                                  CASE assigned to Judge Unassigned. (FE)
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