WAGNER v. USA
Federal Civil Lawsuit United States Court of Federal Claims, Case No. 1:01-cv-00509-LAS
District Judge Loren A. Smith, presiding

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No Logo DONALD L. WAGNER, Plaintiff

Toggle Switch Represented by FELDESMAN TUCKER LEIFER FIDELL LLP

Name Phone Fax E-Mail
Space Eugene R. Fidell +1 202 466 8960 +1 202 293 8103 efidell@feldesmantucker.com
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 Claudia Burke +1 202 353 9063 +1 202 307 0972 claudia.burke@usdoj.gov
Office COFC
Filed 9/4/2001
Jury Demand
Demand $0
Nature of Suit 346 - Military Pay - Correct/Reinstate
Cause Section 28 U.S.C. § 1491 Tucker Act
Jurisdiction U.S. Government Defendant
Disposition Judgment - Stipulation
County
Terminated 11/2/2005
Origin 4
Reopened 7/14/2004
Lead Case None
Related Case
Other Court Case '03-5118'[]
Def Custody Status
Flag CLOSED
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Blank 48 Filed: 11/9/2005, Entered: 11/14/2005 Certified Transcript to Attorney
CERTIFIED TRANSCRIPT OF JUDGMENT, dated November 7, 2005, forwarded to Eugene R. Fidell. See letter in file. (bre,)
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    Blank 47 Filed: 11/2/2005, Entered: 11/2/2005
    JUDGMENT IT IS ORDERED AND ADJUDGED this date, pursuant to Rule 58, that judgment is in favor of the plaintiff as follows:a)?The United States shall pay Mr. Wagner $52,942.26, for basic pay, flight pay, allowances, and annual leave that he would have received had he not been illegally separated from active duty between April 16, 1998 and November 30, 1998.b)?The United States shall pay Mr. Wagner $214,530.00 in back retired pay for the period from November 31, 1998 through September 30, 2005.c)?Commencing October 1, 2005, the United States shall pay plaintiff retired pay calculated at the rate of 52.8 percent of the base pay of a Major with 26 years of service, plus any cost of living allowances.d) ?Mr. Wagner may, pursuant to statute and regulation, enroll in the Survivor Benefit Program. If he chooses to do so, Mr. Wagner?s retired pay will be reduced by $156.00 per month.e)?The United States shall pay Mr. Wagner the amount of $63,522.77 in costs and attorneys fees, with each party to bear any further costs, attorneys fees, and expenses. This agreement does not address costs already awarded to Mr. Wagner by the United States Court of Appeals for the Federal Circuit.f)?The United States shall void and expunge Mr. Wagner?s ?Other Than Honorable Discharge? and all associated documents and shall issue a discharge certificate indicating that on November 30, 1998, Mr. Wagner received an Honorable Discharge with no derogatory separation codes or narrative remarks.g)?The United States shall void and remove from Mr. Wagner?s military records any documents related to the Department of the Army Active Duty Board (DAADB). (lld, )
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      Blank 46 Filed: 11/2/2005, Entered: 11/2/2005 Court Filing
      ORDER vacating the judgment entered June 6, 2003. The Clerk is directed to enter judgment pursuant to the Stipulation for Entry of Judgment. Signed by Judge Loren A. Smith. (lld, )
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        Blank 45 Filed: 10/26/2005, Entered: 10/28/2005 Stipulation
        STIPULATION for entry of judgment filed by all parties. (dls )
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          Blank 44 Filed: 10/4/2005, Entered: 10/5/2005 Status Conference OrderCourt Filing
          STATUS CONFERENCE ORDER: Status Conference set for 10/24/2005 10:30 AM before Sr. Judge Loren A. Smith. Signed by Judge Loren A. Smith. (vro, )
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            Blank 43 Filed: 9/7/2005, Entered: 9/13/2005 Status Conference OrderCourt Filing
            STATUS CONFERENCE ORDER: Status Conference set for 10/3/2005 at 2:30 PM before Sr. Judge Loren A. Smith. Signed by Judge Loren A. Smith. (mb2, )
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              Blank 42 Filed: 8/1/2005, Entered: 8/3/2005 Order on Motion for Extension of Time to File RespCourt Filing
              ORDER granting [38] Motion for Extension of Time to File Response to Defendant's Notice of Supplemental Authority. Response due by 8/8/2005. Signed by Judge Loren A. Smith. (mb2, )
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                Blank -- Filed: 8/1/2005, Entered: 8/3/2005 Set/Reset Hearings
                Reset Hearings: Status Conference re-set for 9/1/2005 at 3:00 PM before Sr. Judge Loren A. Smith. (mb2, )
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                  Blank 41 Filed: 7/11/2005, Entered: 7/13/2005 Order on Motion for Extension of Time to File RespCourt Filing
                  ORDER granting [40] Motion for Extension of Time to File Response as to [32] Notice of Additional Authority. Response due by 8/8/2005. Signed by Judge Loren A. Smith. (mb2, )
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                    Blank -- Filed: 7/11/2005, Entered: 7/13/2005 Set/Reset Hearings
                    Set/Reset Hearings: Status Conference re-set for 9/1/2005 at 3:00 PM before Sr. Judge Loren A. Smith. (mb2, )
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                      Blank 40 Filed: 7/7/2005, Entered: 7/11/2005, Terminated: 7/11/2005 Terminated:
                      MOTION for Extension of Time until 8/8/2005 to File Response as to [32] Notice of Additional Authority, filed by DONALD L. WAGNER. Service: 7/7/2005. Response due by 7/25/2005. (mb2, )
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                        Blank 39 Filed: 6/22/2005, Entered: 6/27/2005 Status Conference OrderCourt Filing
                        STATUS CONFERENCE ORDER: Status Conference set for 7/22/2005 at 3:00 PM before Sr. Judge Loren A. Smith. Signed by Judge Loren A. Smith. (mb2, )
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                          Blank 38 Filed: 6/10/2005, Entered: 6/15/2005, Terminated: 8/1/2005 Terminated:
                          MOTION for Extension of Time until 7/8/2005to File Response as to [32] Notice of Additional Authority, filed by DONALD L. WAGNER. Service: 6/10/2005. Response due by 6/27/2005. (mb2, )
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                            Blank 37 Filed: 5/17/2005, Entered: 5/23/2005 Order on Motion for Extension of Time to File RespCourt Filing
                            ORDER granting [36] Motion for Extension of Time to File Response to defendant's Notice of Supplemental Authority. Response due by 6/13/2005. Signed by Senior Judge Loren A. Smith. (dw1)
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                              Blank -- Filed: 5/17/2005, Entered: 5/23/2005 Set Deadlines/Hearings:
                              Set Deadlines/Hearings: Telephonic Status Conference set for 6/22/2005 03:30 PM before Sr. Judge Loren A. Smith. (dw1)
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                                Blank 36 Filed: 5/13/2005, Entered: 5/16/2005, Terminated: 5/17/2005 Terminated:
                                MOTION for Extension of Time to File Response as to [32] Notice of Additional Authority, until 5/17/2005, filed by DONALD L. WAGNER. Service: 5/13/2005. Response due by 5/31/2005. (mb2, )
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                                  Blank 35 Filed: 5/3/2005, Entered: 5/9/2005 Order on Motion for Extension of Time to File RespCourt Filing
                                  ORDER granting [34] Motion for Extension of Time to File Response as to [32] Notice of Additional Authority. Response due by 5/13/2005. Signed by Judge Loren A. Smith. (mb2, )
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                                    Blank 34 Filed: 4/27/2005, Entered: 4/29/2005, Terminated: 5/3/2005 Terminated:
                                    MOTION for Extension of Time to File Response as to [32] Notice of Additional Authority, until 5/13/2005, filed by DONALD L. WAGNER. Service: 4/27/2005. Response due by 5/16/2005. (mb2, )
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                                      Blank 33 Filed: 4/19/2005, Entered: 4/21/2005 Scheduling OrderCourt Filing
                                      SCHEDULING ORDER: Plaintiff's Response to Defendant's Notice of Supplemental Authority and Statment of Settlement Position due by 4/29/2005. Status Conference set for 5/17/2005 at 3:30 PM before Sr. Judge Loren A. Smith. Signed by Judge Loren A. Smith. (mb2, )
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                                        Blank 32 Filed: 3/28/2005, Entered: 3/31/2005 Notice of Additional Authority
                                        NOTICE of Supplemental Authority and Statement of Settlement Position by USA. Service: 3/25/2005.(mb2, )
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                                          Blank 31 Filed: 3/28/2005, Entered: 3/30/2005 Notice of Appearance/
                                          NOTICE of Appearance by Claudia Burke for USA. Service: 3/25/2005.(mb2, )
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                                            Blank 30 Filed: 2/28/2005, Entered: 3/1/2005 Scheduling OrderCourt Filing
                                            SCHEDULING ORDER: Notice of Supplemental Regulatory Authority due by 3/25/2005. Response due by 4/29/2005. Status Conference set for 4/15/2005 04:30 PM before Sr. Judge Loren A. Smith. Signed by Judge Loren A. Smith. (mb2, )
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                                              Blank 29 Filed: 2/17/2005, Entered: 2/18/2005 Terminated:
                                              MOTION for Status Conference by DONALD L. WAGNER.Service: 2/17/2005. Response due by 3/7/2005 (mb2, )
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                                                Blank 28 Filed: 9/9/2004, Entered: 9/14/2004 Status Conference OrderCourt Filing
                                                STATUS CONFERENCE ORDER: The parties are ORDERED to participate in a telephonicStatus Conference on Wednesday, 11/17/2004 02:30 PM before Senior Judge Loren A. Smith. Signed by Judge Loren A. Smith. (jcp, )
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                                                  Blank 27 Filed: 9/1/2004, Entered: 9/3/2004 Status Conference OrderCourt Filing
                                                  STATUS CONFERENCE ORDER: The parties are ORDERED to participate in a telephonic Status Conference on Wednesday, 9/8/2004 04:00 PM before Senior Judge Loren A. Smith. Signed by Judge Loren A. Smith. (jcp, )
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                                                    Blank 26 Filed: 8/4/2004, Entered: 8/6/2004 Notice of Appearance/
                                                    NOTICE of Appearance by John Sinclair Groat for USA Service: 8/4/04.(vro, )
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                                                      Blank 25 Filed: 8/4/2004, Entered: 8/6/2004 Scheduling OrderCourt Filing
                                                      SCHEDULING ORDER:. Telephonic Status Conference set for 9/2/2004 03:00 PM in National Courts Building before Senior Judge Loren A. Smith. Signed by Judge Loren A. Smith. (vro, )
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                                                        Blank -- Filed: 8/3/2004, Entered: 8/3/2004
                                                        Minute Entry: On Tuesday, August 3, 2004 at 3:10pm, EDT Judge Smith conducted a status conference to discuss moving forward in light of the Federal Circuit's April 28, 2004 Remand Order. The parties are to participate in a status conference Thursday, September 2, 2004 at 3:00p.m. unless settlement is finalized by that date.(gmw)
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                                                          Blank 24 Filed: 8/2/2004, Entered: 8/6/2004 Status Conference OrderCourt Filing
                                                          STATUS CONFERENCE ORDER: Telephonic Status Conference set for 8/3/2004 03:00 PM in National Courts Building before Senior Judge Loren A. Smith. Signed by Judge Loren A. Smith. (lld, )
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                                                            Blank 22 Filed: 7/14/2004, Entered: 7/15/2004 CAFC Mandate Reversing
                                                            MANDATE of CAFC reversing [18] Judgment Order and remanding case back to United States Court of Federal Claims. (hw1, )
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                                                              Blank 21 Filed: 6/24/2003, Entered: 7/16/2003 Terminated:
                                                              CAFC Case Number 03-5118 for [19] Notice of Appeal filed by DONALD L. WAGNER. (hw1, )
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                                                                Blank 19 Filed: 6/11/2003, Entered: 6/11/2003, Terminated: 7/14/2004 Notice of Appeal
                                                                NOTICE OF APPEAL by DONALD L. WAGNER. Filing fee $ 105, receipt number 057769. Copies to judge, opposing party and CAFC. (hw1, )
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                                                                  Blank 20 Filed: 6/10/2003, Entered: 6/18/2003 ERRATA
                                                                  ERRATA correcting [17] Published Order/Opinion. (hw1, )
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                                                                    Blank 18 Filed: 6/6/2003, Entered: 6/6/2003
                                                                    JUDGMENT entered, pursuant to Rule 58, that the complaint is dismissed, with prejudice. Each party will bear its own costs. (lld, ) VACATED per Order of November 2, 2005(lld, ).
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                                                                      Blank 17 Filed: 6/4/2003, Entered: 6/6/2003 Published Opinion/OrderCourt Filing
                                                                      PUBLISHED ORDER and OPINION granting defendant's motion for judgment on the administrative record and denying plaintiff's cross-motion for judgment on the administrative record. The Clerk is directed to enter judgment dismissing the case. Each party will bear its own costs. Signed by Judge Loren A. Smith. (lld, )
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                                                                        Blank 16 Filed: 3/20/2003, Entered: 3/20/2003 Court Filing
                                                                        TRANSCRIPT of Proceedings held on March 14, 2003 before Senior Judge Loren A. Smith. (dw1, )
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                                                                          Blank 15 Filed: 1/17/2003, Entered: 1/24/2003 OrderCourt Filing
                                                                          ORDER oral argument reset for 3:00 p.m. on 3/13/03 for [6-1] motion for Summary Judgment (signed by Senior Judge Loren A. Smith). Copy to parties. (LTD)
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                                                                            Blank 14 Filed: 11/5/2002, Entered: 11/8/2002 OrderCourt Filing
                                                                            ORDER oral argument set for 3:00 p.m. 2/5/03 for [7-1] motion for Summary Judgment on the Administrative Record, set for 3:00 p.m. 2/5/03 for [6-1] motion for Summary Judgment , in the National Courts Building, 717 Madison Pl., N.W., Washington, D.C. (by Sr. Judge Loren A. Smith). Copy to parties. (FE)
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                                                                              Blank 13 Filed: 1/2/2002, Entered: 1/3/2002 Reply to Response to Motion
                                                                              REPLY by DONALD L. WAGNER to response to [7-1] motion for Summary Judgment on the Administrative Record. Service: 1/2/02. (LTD)
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                                                                                Blank 12 Filed: 12/20/2001, Entered: 12/27/2001 Response to Motion
                                                                                RESPONSE by USA (Service: 12/20/01) to [7-1] motion for Summary Judgment on the Administrative Record. Reply due: 1/7/02. (FE)
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                                                                                  Blank 11 Filed: 12/5/2001, Entered: 12/6/2001 OrderCourt Filing
                                                                                  ORDER granting [10-1] motion response Response to [7-1] motion for Summary Judgment on the Administrative Record due 12/21/01 (signed by Sr. Judge Loren A. Smith). Copy to parties. (LTD)
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                                                                                    Blank 10 Filed: 12/3/2001, Entered: 12/5/2001, Terminated: 12/5/2001 Terminated:
                                                                                    RESPONSE by DONALD L. WAGNER (Service: 12/3/01) to [6-1] motion for Summary Judgment. Reply due: 12/20/01. (LTD)
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                                                                                      Blank 9 Filed: 12/3/2001, Entered: 12/5/2001 Statement of Facts
                                                                                      COUNTERSTATEMENT OF FACTS filed by DONALD L. WAGNER. Service: 12/3/01. (LTD)
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                                                                                        Blank 8 Filed: 11/29/2001, Entered: 11/30/2001 Terminated:
                                                                                        MOTION by USA (Service: 11/29/01) to Extend Time to respond to motion for judgment on the record , (until December 21, 2001). (FE)
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                                                                                          Blank 7 Filed: 11/19/2001, Entered: 11/20/2001 Terminated:
                                                                                          MOTION by DONALD L. WAGNER (Service : 11/5/01 ) for Summary Judgment on the Administrative Record , filed by leave of the judge. Response due: 12/6/01. (HW)
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                                                                                            Blank 6 Filed: 11/5/2001, Entered: 11/7/2001 Terminated:
                                                                                            MOTION by USA (Service: 11/5/01) for Summary Judgment . Response due: 12/6/01. (LTD)
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                                                                                              Blank 5 Filed: 11/5/2001, Entered: 11/6/2001 Statement of Facts
                                                                                              STATEMENT OF FACTS filed by USA. Service: 11/5/01. (LTD)
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                                                                                                Blank 4 Filed: 11/5/2001, Entered: 11/6/2001 Terminated:
                                                                                                MOTION by USA (Service: 11/5/01) for Leave to file the Administrative Record . Response due: 11/26/01. (LTD)
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                                                                                                  Blank 3 Filed: 9/17/2001, Entered: 9/18/2001 Notice of Appearance/
                                                                                                  NOTICE of Attorney Appearance for USA by Brent McBurney. Service: 9/17/01. (LTD)
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                                                                                                    Blank 2 Filed: 9/4/2001, Entered: 9/4/2001 Court Filing
                                                                                                    Notice of assignment to Sr. Judge Loren A. Smith. Copy to parties. (FE)
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                                                                                                      Blank 1 Filed: 9/4/2001, Entered: 9/4/2001
                                                                                                      COMPLAINT, FILING FEE $150, RECEIPT #052356. Answer due on 11/5/01. (FE)
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