PURVIS v. USA
Federal Civil Lawsuit United States Court of Federal Claims, Case No. 1:01-cv-00247-DGS
District Judge Diane Gilbert Sypolt, presiding

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No Logo JAMES LARRY PURVIS, 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 Allen Harrington +1 202 616 0465 +1 202 307 0972 David.Harrington@usdoj.gov
Office COFC
Filed 4/25/2001
Jury Demand
Demand $5623000
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 10/31/2002
Origin 1
Reopened None
Lead Case None
Related Case
Other Court Case None
Def Custody Status
Pending Status AppRecord
Flag CLOSED
  Entries (68) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Blank 64 Filed: 11/28/2003, Entered: 12/3/2003 CAFC Mandate Affirming
MANDATE of CAFC affirming [40] Unpublished Decision directing that the case be dismissed. (hw1, )
    LREF
    Blank -- Filed: 9/10/2003, Entered: 9/10/2003
    Appeal record sent to CAFC. (hw1, )
      LREF
      Blank 63 Filed: 3/27/2003, Entered: 3/28/2003 Terminated:
      NOTICE OF APPEAL by JAMES LARRY PURVIS. Copies to judge, opposing party and CAFC. Fee not included. (hw1, )
        LREF
        Blank 62 Filed: 3/14/2003, Entered: 3/17/2003 Order on Motion for Extension of Time to FileCourt Filing
        ORDER finding as moot [58] Motion for Extension of Time.Signed by Judge Diane G. Sypolt. (ajkb, )
          LREF
          Blank 61 Filed: 3/12/2003, Entered: 3/12/2003 Court Filing
          ORDER denying [57-1] motion to Correct/Supplement the Record (signed by Judge Diane Gilbert Sypolt). Copy to parties. (LTD)
            LREF
            Blank 60 Filed: 3/10/2003, Entered: 3/11/2003 Reply to Response to Motion
            REPLY by JAMES LARRY PURVIS to response to [52-1] motion for Leave to Supplement the record based on newly discovered evidence., [50-1] motion to Strike and for sanctions. Service: 3/6/03. (LTD)
              LREF
              Blank 59 Filed: 3/10/2003, Entered: 3/11/2003 OrderCourt Filing
              ORDER denying [43-1] motion for Reconsideration/Rehearing Pursuant to Rule 59 re: [40-1] order (signed by Judge Diane Gilbert Sypolt). Copy to parties. (LTD)
                LREF
                Blank 58 Filed: 3/4/2003, Entered: 3/7/2003 Terminated:
                MOTION by USA (Service: 3/4/03) to Extend Time within which to respond to motion to correct , (until 3/21/03). Response due: 3/21/03 (HW)
                  LREF
                  Blank 56 Filed: 2/28/2003, Entered: 3/5/2003 OrderCourt Filing
                  ORDER denying [51-1] motion to Strike Defendant's untimely response. ( signed by Judge Diane Gilbert Sypolt ) Copy to parties. (HW)
                    LREF
                    Blank 55 Filed: 2/26/2003, Entered: 3/5/2003 Response to Motion
                    RESPONSE by USA (Service: 2/26/03) to [52-1] motion for Leave to Supplement the record based on newly discovered evidence. Reply due: 3/12/03. (LTD)
                      LREF
                      Blank 54 Filed: 2/26/2003, Entered: 3/5/2003 Response to Motion
                      RESPONSE by USA (Service: 2/26/03) to [51-1] motion to Strike Defendant's untimely response. Reply due: 3/12/03. (LTD)
                        LREF
                        Blank 57 Filed: 2/24/2003, Entered: 3/7/2003, Terminated: 3/12/2003 Terminated:
                        MOTION by JAMES LARRY PURVIS (Service : 2/20/03 ) to Correct the Record . Response due: 3/17/03 (HW)
                          LREF
                          Blank 53 Filed: 2/13/2003, Entered: 2/24/2003 Response to Motion
                          RESPONSE by USA (Service: 2/12/03 ) to [50-1] motion to Strike and for sanctions. Reply due: 2/27/03 (JT)
                            LREF
                            Blank 52 Filed: 2/13/2003, Entered: 2/24/2003 Terminated:
                            MOTION by JAMES LARRY PURVIS (Service : 2/9/03 ) for Leave to Supplement the record based on newly discovered evidence. Response due: 2/26/03 (JT)
                              LREF
                              Blank 51 Filed: 2/13/2003, Entered: 2/24/2003, Terminated: 2/28/2003 Terminated:
                              MOTION by JAMES LARRY PURVIS (Service : 2/9/03 ) to Strike Defendant's untimely response. Response due: 2/26/03 (JT)
                                LREF
                                Blank 50 Filed: 2/12/2003, Entered: 2/24/2003 Terminated: Court Filing
                                MOTION by JAMES LARRY PURVIS (Service: 1/9/03) to Strike and for sanctions , filed by leave of the Judge. Response due: 1/27/03. (HW)
                                  LREF
                                  Blank -- Filed: 1/24/2003, Entered: 2/11/2003 Terminated:
                                  CAFC Case Number Re: [46-1] appeal by JAMES LARRY PURVIS. CAFC NUMBER: 03-5052. (HW)
                                    LREF
                                    Blank 49 Filed: 1/21/2003, Entered: 1/28/2003 Response to Motion
                                    RESPONSE by USA (Service: 1/21/03) to [43-1] motion for Reconsideration/Rehearing Pursuant to Rule 59 re: [40-1] order. Reply due: 2/4/03. (LTD)
                                      LREF
                                      Blank 48 Filed: 1/15/2003, Entered: 1/23/2003 OrderCourt Filing
                                      ORDER granting [47-1] motion to Extend Time to respond to the motion for reconsideration Response to [43-1] motion for Reconsideration/Rehearing Pursuant to Rule 59 re: [40-1] order due 1/21/03 (signed by Judge Diane Gilbert Sypolt). Copy to parties. (LTD)
                                        LREF
                                        Blank 47 Filed: 1/9/2003, Entered: 1/13/2003, Terminated: 1/15/2003 Terminated:
                                        MOTION by USA (Service: 1/9/03) to Extend Time to respond to the motion for reconsideration until 1/20/03. Response due: 1/27/03. (LTD)
                                          LREF
                                          Blank 46 Filed: 1/2/2003, Entered: 1/10/2003 Terminated: Court Filing
                                          NOTICE OF APPEAL by JAMES LARRY PURVIS. Copy to Judge Diane Gilbert Sypolt, Defendant and to CAFC. Fee not included with appeal. (HW)
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                                            Blank 45 Filed: 12/30/2002, Entered: 1/3/2003 Notice of Appearance/
                                            NOTICE of Attorney Appearance for USA by David Allen Harrington Service :12/30/02 (HW)
                                              LREF
                                              Blank 44 Filed: 12/19/2002, Entered: 12/27/2002 OrderCourt Filing
                                              ORDER Response to [43-1] motion for Reconsideration/Rehearing Pursuant to Rule 59 re: [40-1] order reset to 1/13/03 ( signed by Judge Diane Gilbert Sypolt ) Copy to parties. (HW)
                                                LREF
                                                Blank 43 Filed: 11/15/2002, Entered: 11/20/2002, Terminated: 3/10/2003 Terminated:
                                                MOTION by JAMES LARRY PURVIS (Service: 11/7/02) for Reconsideration/Rehearing Pursuant to Rule 59 re: [40-1] order . (LTD)
                                                  LREF
                                                  Blank 41 Filed: 10/31/2002, Entered: 10/31/2002
                                                  JUDGMENT entered, pursuant to Rule 58, that judgment is for the defendant and the complaint is dismissed. No costs. (signed by Clerk). Copy to parties. (LD)
                                                    LREF
                                                    Blank 40 Filed: 10/31/2002, Entered: 10/31/2002 Court Filing
                                                    UNPUBLISHED DECISION granting [7-1] motion to Dismiss and directing the clerk to enter judgment for defendant. No costs. ( signed by Judge Diane Gilbert Sypolt ). Copy to parties. (LD)
                                                      LREF
                                                      Blank -- Filed: 10/31/2002, Entered: 10/31/2002
                                                      Case closed (LD)
                                                        LREF
                                                        Blank 42 Filed: 10/30/2002, Entered: 11/1/2002 Terminated: Court Filing
                                                        MOTION by JAMES LARRY PURVIS (Service: 10/9/02) for Summary Judgment . Filed by leave of the Judge. Response due: 11/12/02. (LTD)
                                                          LREF
                                                          Blank 39 Filed: 8/20/2002, Entered: 8/22/2002 Terminated:
                                                          REPLY by JAMES LARRY PURVIS to [36-1] response by USA. Service: 8/15/02 (JT)
                                                            LREF
                                                            Blank 38 Filed: 8/15/2002, Entered: 8/16/2002 OrderCourt Filing
                                                            ORDER granting [37-1] motion for Leave to reply to the Defendant's declaration (signed by Judge Diane Gilbert Sypolt). Copy to parties. (LTD)
                                                              LREF
                                                              Blank 37 Filed: 8/13/2002, Entered: 8/15/2002, Terminated: 8/15/2002 Terminated:
                                                              MOTION by JAMES LARRY PURVIS (Service: 8/6/02) for Leave to reply to the Defendant's declaration . Response due: 8/23/02. (LTD)
                                                                LREF
                                                                Blank 36 Filed: 8/9/2002, Entered: 8/13/2002 Terminated:
                                                                RESPONSE by USA to [28-2] order. Service: 8/9/02. (LTD)
                                                                  LREF
                                                                  Blank 35 Filed: 8/6/2002, Entered: 8/8/2002 OrderCourt Filing
                                                                  ORDER mooting [33-1] motion for Leave to file reply to opposition to motion for an enlargement of time and response (signed by Judge Diane Gilbert Sypolt). Copy to parties. (LTD)
                                                                    LREF
                                                                    Blank 34 Filed: 8/1/2002, Entered: 8/2/2002 ~Notice (other)
                                                                    NOTICE of FILING the Declaration of Virginia G. Farrier by USA. Service: 8/1/02. (FE)
                                                                      LREF
                                                                      Blank 33 Filed: 8/1/2002, Entered: 8/2/2002 Terminated:
                                                                      MOTION by USA (Service: 8/1/02) for Leave to file reply to opposition to motion for an enlargement of time and response . Response due: 8/19/02. (FE)
                                                                        LREF
                                                                        Blank 32 Filed: 7/31/2002, Entered: 8/2/2002 OrderCourt Filing
                                                                        ORDER set deadline to 8/1/02 for Defendant to file a declaration re: attempt to reach plaintiff prior to filing its 7/16/02 filing. ( signed by Judge Diane Gilbert Sypolt ) Copy to parties. (JT)
                                                                          LREF
                                                                          Blank 31 Filed: 7/30/2002, Entered: 8/1/2002 Terminated: Court Filing
                                                                          RESPONSE by JAMES LARRY PURVIS (Service: 7/24/02 ) to [29-1] motion to Extend Time to respond to the Plaintiff's 4/16/02 filing and the Court's 6/27/02 order, filed by leave of the Judge. Reply due: 8/12/02 (HW)
                                                                            LREF
                                                                            Blank 30 Filed: 7/22/2002, Entered: 7/25/2002 OrderCourt Filing
                                                                            ORDER granting [29-1] motion to Extend Time to respond to the Plaintiff's 4/16/02 filing and the Court's 6/27/02 order Defendant's response to Plaintiff's 4/16/02 filing and the Court's 6/27/02 order is due 8/9/02 (signed by Judge Diane Gilbert Sypolt). Copy to parties. (LTD)
                                                                              LREF
                                                                              Blank 29 Filed: 7/16/2002, Entered: 7/18/2002, Terminated: 7/22/2002 Terminated:
                                                                              MOTION by USA (Service: 7/16/02) to Extend Time to respond to the Plaintiff's 4/16/02 filing and the Court's 6/27/02 order until 8/9/02. Response due: 8/2/02. (LTD)
                                                                                LREF
                                                                                Blank 28 Filed: 6/27/2002, Entered: 6/27/2002 Court Filing
                                                                                ORDER set deadline of 7/17/02 for Defendant to respond to Plaintiff's affidavit and documentation; his February 1974 request; and any subsequent requests for medical retirement and shall proffer Plaintiff's informed waiver, if any, of his right to board review, and any other information bearing on the timeliness or waiver of Plaintiff's claim to entitlement to disability retirement pay. ( signed by Judge Diane Gilbert Sypolt ) Copy to parties. (JT)
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                                                                                  Blank 27 Filed: 4/16/2002, Entered: 4/16/2002 Court Filing
                                                                                  AFFIDAVIT by JAMES LARRY PURVIS, by leave of the Judge. Service: 4/16/02. (FE)
                                                                                    LREF
                                                                                    Blank 26 Filed: 3/29/2002, Entered: 4/1/2002 OrderCourt Filing
                                                                                    ORDER directing plaintiff to file an affidavit by 4/19/02 . ( signed by Judge Diane Gilbert Sypolt ) Copy to parties. (DS)
                                                                                      LREF
                                                                                      Blank 25 Filed: 3/26/2002, Entered: 3/26/2002
                                                                                      NOTICE of Inquiry by JAMES LARRY PURVIS. Service: 3/21/02. (LTD)
                                                                                        LREF
                                                                                        Blank 24 Filed: 10/24/2001, Entered: 10/25/2001 Notice of Appearance/
                                                                                        NOTICE of Attorney Appearance for USA by Virginia Garcia Farrier. Service: 10/24/01. (LTD)
                                                                                          LREF
                                                                                          Blank 23 Filed: 10/3/2001, Entered: 10/4/2001 Terminated: Court Filing
                                                                                          RESPONSE (REPLY) by JAMES LARRY PURVIS to [22-1] response by USA. Filed by leave of the Judge. Service: 9/25/01. (LTD)
                                                                                            LREF
                                                                                            Blank 22 Filed: 9/19/2001, Entered: 9/20/2001 Terminated:
                                                                                            RESPONSE by USA to [16-1] memorandum by JAMES LARRY PURVIS. Service: 9/18/01. (LTD)
                                                                                              LREF
                                                                                              Blank 21 Filed: 9/19/2001, Entered: 9/20/2001 OrderCourt Filing
                                                                                              ORDER granting [20-1] motion for Leave to file response to Plaintiff's supplement to answer to motion to dismiss (signed by Judge Diane Gilbert Weinstein). Copy to parties. (LTD)
                                                                                                LREF
                                                                                                Blank 20 Filed: 9/18/2001, Entered: 9/19/2001, Terminated: 9/19/2001 Terminated:
                                                                                                MOTION by USA (Service: 9/18/01) for Leave to file response to Plaintiff's supplement to answer to motion to dismiss Response due: 10/5/01. (FE)
                                                                                                  LREF
                                                                                                  Blank 18 Filed: 9/5/2001, Entered: 9/6/2001 Case Assigned/ReassignedCourt Filing
                                                                                                  Notice of reassignment to Judge Diane Gilbert Weinstein . Copy to parties. (DS)
                                                                                                    LREF
                                                                                                    Blank 17 Filed: 9/5/2001, Entered: 9/6/2001 OrderCourt Filing
                                                                                                    ORDER transferring case to Judge Diane Gilbert Weinstein. ( signed by Chief Judge Lawrence M. Baskir ) Copy to parties. (DS)
                                                                                                      LREF
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                                                                                                      Blank 19 Filed: 9/4/2001, Entered: 9/7/2001 Terminated:
                                                                                                      RESPONSE by USA (Service: 9/4/01 ) to [15-1] motion to Strike [10-1] motion reply by USA. Reply due: 9/17/01 (DS)
                                                                                                        LREF
                                                                                                        Blank 16 Filed: 9/4/2001, Entered: 9/5/2001 MemorandumCourt Filing
                                                                                                        [Supplement to Plaintiff's Answer] MEMORANDUM by JAMES LARRY PURVIS re: [11-1] memorandum by JAMES LARRY PURVIS, filed by leave of the Judge. Service: 8/27/01. (HW)
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                                                                                                          Blank 15 Filed: 8/23/2001, Entered: 8/24/2001 Terminated:
                                                                                                          MOTION by JAMES LARRY PURVIS (Service : 8/5/01 ) to Strike [10-1] motion reply by USA . (HW)
                                                                                                            LREF
                                                                                                            Blank 14 Filed: 8/14/2001, Entered: 8/15/2001 OrderCourt Filing
                                                                                                            ORDER re: Plaintiff's motion to strike, received on 8/7/01, shall be returned UNFILED for not complying with Rule 5(e) (signed by Chief Judge Lawrence M. Baskir). Copy to parties. (FE)
                                                                                                              LREF
                                                                                                              Blank 13 Filed: 8/9/2001, Entered: 8/10/2001 Case Assigned/ReassignedCourt Filing
                                                                                                              Notice of reassignment to Chief Judge Lawrence M. Baskir . Copy to parties. (LTD)
                                                                                                                LREF
                                                                                                                Blank 12 Filed: 8/9/2001, Entered: 8/10/2001 OrderCourt Filing
                                                                                                                ORDER reassigning case to Chief Judge Baskir (signed by Chief Judge Lawrence M. Baskir). Copy to parties. (LTD)
                                                                                                                  LREF
                                                                                                                  Blank 11 Filed: 7/24/2001, Entered: 7/24/2001 Court Filing
                                                                                                                  SUPPLEMENT by JAMES LARRY PURVIS re: [9-1] motion response by JAMES LARRY PURVIS, by leave of the Judge. Service: 7/16/01. (FE)
                                                                                                                    LREF
                                                                                                                    Blank 10 Filed: 7/23/2001, Entered: 7/24/2001 Reply to Response to Motion
                                                                                                                    REPLY by USA to response to [7-1] motion to Dismiss. Service: 7/23/01. (LTD)
                                                                                                                      LREF
                                                                                                                      Blank 9 Filed: 7/10/2001, Entered: 7/10/2001, Terminated: 10/31/2002 Response to Motion
                                                                                                                      RESPONSE by JAMES LARRY PURVIS (Service: 7/6/01) to [7-1] motion to Dismiss. Reply due: 7/20/01. (FE)
                                                                                                                        LREF
                                                                                                                        Blank 8 Filed: 6/21/2001, Entered: 6/22/2001 Terminated:
                                                                                                                        RESPONSE by USA (Service: 6/21/01) to [6-1] motion declaring conflict of interest/due process violation. Reply due: 7/5/01. (FE)
                                                                                                                          LREF
                                                                                                                          Blank 7 Filed: 6/21/2001, Entered: 6/22/2001 Terminated:
                                                                                                                          MOTION by USA (Service: 6/21/01) to Dismiss . Response due: 7/22/01. (FE)
                                                                                                                            LREF
                                                                                                                            Blank 6 Filed: 6/4/2001, Entered: 6/5/2001 Terminated:
                                                                                                                            MOTION by JAMES LARRY PURVIS (Service: 5/30/01) declaring conflict of interest/due process violation . Response due: 6/21/01. (LTD)
                                                                                                                              LREF
                                                                                                                              Blank 5 Filed: 5/30/2001, Entered: 6/4/2001 ~Notice (other)Court Filing
                                                                                                                              NOTICE of "Change of Rule within the Florida Department of Corrections" by JAMES LARRY PURVIS, by leave of the Judge. Service: 5/30/01. (FE)
                                                                                                                                LREF
                                                                                                                                Blank 4 Filed: 5/30/2001, Entered: 6/4/2001 OrderCourt Filing
                                                                                                                                ORDER re: Plaintiff's "Notice of Change of Rule within the Florida Department of Corrections" received on May 18, 2001 shall be filed this day (signed by Judge Roger B. Andewelt ). Copy to parties. (FE)
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                                                                                                                                  Blank -- Filed: 5/7/2001, Entered: 5/7/2001
                                                                                                                                  Filing Fee Paid; FILING FEE $30.00 RECEIPT # 051703 (FE)
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                                                                                                                                    Blank 3 Filed: 5/1/2001, Entered: 5/2/2001 Notice of Appearance/
                                                                                                                                    NOTICE of Attorney Appearance for USA by M. Jocelyn Lopez Wright. Service: 5/1/01. (LTD)
                                                                                                                                      LREF
                                                                                                                                      Blank 2 Filed: 4/25/2001, Entered: 4/25/2001 Court Filing
                                                                                                                                      Notice of assignment to Judge Roger B. Andewelt. Copy to parties. (FE)
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                                                                                                                                        Blank 1 Filed: 4/25/2001, Entered: 4/25/2001
                                                                                                                                        COMPLAINT, FILING FEE $120, RECEIPT #051641. Answer due on 6/25/01. (FE)
                                                                                                                                          LREF

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