SINCLAIR v. USA
Federal Civil Lawsuit United States Court of Federal Claims, Case No. 1:02-cv-02042-EJD
District Judge Edward J. Damich, presiding

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No Logo ROBERT W. SINCLAIR, Plaintiff

Toggle Switch Represented by PO Box 2517

Name Phone Fax E-Mail
Space James A. Endicott +1 254 698 1500
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 Elizabeth Aundrea Thomas +1 202 353 4175 +1 202 514 7965 elizabeth.thomas@usdoj.gov
Office COFC
Filed 12/27/2002
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 Dismissed
County
Terminated 6/16/2005
Origin 1
Reopened None
Lead Case None
Related Case
Other Court Case '05-5163'[]
Def Custody Status
Flag CLOSED
  Entries (36) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Blank 35 Filed: 10/2/2006, Entered: 10/3/2006 CAFC Mandate Affirming
MANDATE of CAFC affirming [31] Published Opinion/Order. (hw1, )
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    Blank 34 Filed: 8/16/2005, Entered: 9/22/2005 CAFC Case Number
    CAFC Case Number 05-5163 for [33] Notice of Appeal filed by ROBERT W. SINCLAIR. (hw1, )
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      Blank 33 Filed: 8/12/2005, Entered: 8/12/2005
      NOTICE OF APPEAL by ROBERT W. SINCLAIR. Filing fee $ 255.00, receipt number 063405. Copies to judge, opposing party and CAFC. (hw1, )
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        Blank 32 Filed: 6/16/2005, Entered: 6/16/2005
        JUDGMENT entered, pursuant to Rule 58, that plaintiff's claim for correction of records is dismissed with prejudice, and the remainder of the complaint is dismissed, without prejudice. (lld, )
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          Blank 31 Filed: 6/15/2005, Entered: 6/16/2005 Published Opinion/OrderCourt Filing
          PUBLISHED OPINION granting [19] MOTION to Dismiss pursuant to Rule 12(b)(1) filed by USA,. The Clerk is directed to dismiss the claim for correction of records with prejudice and the remainder of the case without prejudice. Signed by Judge Edward J. Damich. (lld, )
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            Blank 30 Filed: 2/4/2005, Entered: 2/10/2005 Description not available
            REPLY to Response to Motion re [28] MOTION to Dismiss pursuant to Rule 12(b)(1) filed by USA. Service: 02/04/05.(mb2, )
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              Blank 29 Filed: 1/31/2005, Entered: 2/1/2005 Response to Motion
              RESPONSE to [28] MOTION to Dismiss pursuant to Rule 12(b)(1) filed by ROBERT W. SINCLAIR. Reply due by 2/11/2005. Service: 01/28/05.(mb2, )
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                Blank 28 Filed: 1/26/2005, Entered: 1/28/2005 Terminated: Court Filing
                Supplemental MOTION to Dismiss pursuant to Rule 12(b)(1) by USA. Filed by leave of the Judge.Service: 01/14/05. Response due by 2/14/2005 (mb2, )
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                  Blank 27 Filed: 12/7/2004, Entered: 12/13/2004 Scheduling OrderCourt Filing
                  ORDERED:that Defendant shall file a supplemental brief to its motion to dismiss on or before 1/14/2005. Plaintiff shall file its response to Defendant's supplemental brief on or before 1/28/2005. Defendant shall file its reply, if any, on or before February 4, 2005. If no reply is filed by February 4, 2005, the Court will deem Defendant's reply waived. Reply due by 2/4/2005. Signed by Chief Judge Edward J. Damich. (lg1, ) Modified to correct punctuation and spelling on 2/4/2005 (lld, ).
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                    Blank 26 Filed: 11/30/2004, Entered: 12/6/2004 Status Conference OrderCourt Filing
                    STATUS CONFERENCE ORDER: The Status Conference originally scheduled for 11/30/2004, is rescheduled for 12/7/2004 at 10:00 AM before Chief Judge Edward J. Damich. All parties shall appear by telephone. Signed by Judge Edward J. Damich. (jcp, )
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                      Blank 25 Filed: 11/18/2004, Entered: 11/22/2004 Administrative Record
                      FIRST AMENDED ADMINISTRATIVE RECORD by ROBERT W. SINCLAIR. Service: 11/17/2004.(jcp, )
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                        Blank 24 Filed: 11/4/2004, Entered: 11/8/2004 Scheduling OrderCourt Filing
                        SCHEDULING ORDER: Pltf may file an Amended Complaint on or before 11/18/2004. Dft's answer and a decision of Dft's motion to dismiss will be stayed pending a status conference that the Court will call within two weeks of the filing of the amended complaint. Signed by Judge Edward J. Damich. (jcp, )
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                          Blank 23 Filed: 10/21/2004, Entered: 10/26/2004 Description not available
                          REPLY to Response to Motion re [19] MOTION to Dismiss pursuant to Rule 12(b)(1) filed by USA. Service: 10/21/04.(tjk, )
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                            Blank 22 Filed: 10/5/2004, Entered: 10/7/2004 Response to Motion
                            RESPONSE to [19] Dft's MOTION to Dismiss Pursuant to Rule 12(b)(1) filed by ROBERT W. SINCLAIR. Reply due by 10/21/2004. Service: 10/4/2004.(jcp, )
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                              Blank 21 Filed: 9/16/2004, Entered: 9/21/2004 Order on Motion for Extension of Time to File RespCourt Filing
                              ORDER granting [20] Pltf's Motion for Extension of Time to File Response to [19] Dft's MOTION to Dismiss Pursuant to Rule 12(b)(1). Pltf shall file his Response to Dft's motion to dismiss on or before 10/5/2004. Signed by Judge Edward J. Damich. (jcp, )
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                                Blank 20 Filed: 9/14/2004, Entered: 9/17/2004, Terminated: 9/16/2004 Terminated:
                                MOTION for Extension of Time to File Response to [19] MOTION to Dismiss pursuant to Rule 12(b)(1), (until October 5, 2004) by ROBERT W. SINCLAIR.Service: 9/13/2004. (dw1)
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                                  Blank 19 Filed: 8/19/2004, Entered: 8/20/2004 Terminated:
                                  MOTION to Dismiss Pursuant to Rule 12(b)(1), and MOTION to Dismiss Pursuant to Rule 12(b)(6), by USA.Service: 8/19/2004. Response due by 9/20/2004.(jcp, )
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                                    Blank 18 Filed: 7/16/2004, Entered: 7/20/2004 Order Lifting StayCourt Filing
                                    ORDER LIFTING STAY AND SCHEDULING ORDER: The stay in this case will now be lifted. Dft shall file its dispositive motion on or before 8/19/2004. The response and reply shall follow according to the Rules of the USCFC. Signed by Judge Edward J. Damich. (jcp, )
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                                      Blank 17 Filed: 7/14/2004, Entered: 7/16/2004 Joint Status Report
                                      JOINT STATUS REPORT by all parties. Service: 7/15/2004.(jcp, )
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                                        Blank 16 Filed: 3/22/2004, Entered: 3/24/2004 Status Report/OrderCourt Filing
                                        STATUS REPORT ORDER: A Joint Status Report shall be filed no later than two weeks after the decision of the ABCMR is made, or, in any case, no later than 7/15/2004. Signed by Judge Nancy B. Firestone for Chief Judge Edward J. Damich. (jcp, )
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                                          Blank 15 Filed: 3/18/2004, Entered: 3/19/2004 Joint Status Report
                                          JOINT STATUS REPORT by all parties. Service: 3/18/2004.(jcp, )
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                                            Blank 14 Filed: 2/23/2004, Entered: 3/1/2004 Status Report/OrderCourt Filing
                                            STATUS REPORT ORDER: A Joint Status Report shall be filed no later than 3/22/2004. Signed by Judge Edward J. Damich. (jcp, )
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                                              Blank 13 Filed: 9/3/2003, Entered: 9/9/2003 Joint Status Report
                                              JOINT STATUS REPORT by ROBERT W. SINCLAIR, USA. Service: 9/2/03.(jcp, )
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                                                Blank 12 Filed: 7/7/2003, Entered: 7/9/2003 Status Report/OrderCourt Filing
                                                STATUS REPORT ORDER:Pursuant to the Joint Status Report received on 7/1/03, it is hereby ORDERED that the parties shall submit a further Joint Status Report on or before 9/5/2003. Signed by Judge Edward J. Damich. (jcp, )
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                                                  Blank 11 Filed: 7/1/2003, Entered: 7/3/2003 Joint Status Report
                                                  JOINT STATUS REPORT by all parties. Service: 7/1/03.(jcp, )
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                                                    Blank 10 Filed: 6/19/2003, Entered: 6/20/2003 Notice of Appearance/
                                                    NOTICE of Appearance by Elizabeth Aundrea Thomas for UNITED STATES. Service: 6/19/03.(jcp, )
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                                                      Blank 9 Filed: 5/6/2003, Entered: 5/9/2003 Order on Motion to StayCourt Filing
                                                      ORDER granting [5] Motion to Stay. Signed by Judge Edward J. Damich. (dw1, )
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                                                        Blank -- Filed: 5/6/2003, Entered: 5/9/2003 Set/Reset Deadlines:
                                                        Set/Reset Deadlines: Joint Status Report due by 7/3/2003. (dw1, )
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                                                          Blank 8 Filed: 4/4/2003, Entered: 4/9/2003 Memorandum
                                                          JOINT MEMORANDUM by ROBERT W. SINCLAIR and The United States re: consent motion to stay proceedings. Service: 4/4/03.(dw1, )
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                                                            Blank 7 Filed: 3/13/2003, Entered: 3/13/2003 Court Filing
                                                            ORDER granting [6-1] motion to Stay filing of the answer Joint memorandum in support of Plaintiff's motion to stay is due 4/4/03 (signed by Chief Judge Edward J. Damich). Copy to parties. (LTD)
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                                                              Blank 6 Filed: 3/6/2003, Entered: 3/7/2003, Terminated: 3/13/2003 Terminated: Court Filing
                                                              MOTION by USA (Service: 3/3/03) to Stay filing of the answer until a decision is reached in Plaintiff's motion to stay. Response due: 3/20/03. Filed by leave of the Judge. (LTD)
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                                                                Blank 5 Filed: 2/21/2003, Entered: 2/28/2003, Terminated: 5/6/2003 Terminated:
                                                                MOTION by ROBERT W. SINCLAIR (Service: 2/18/03) to Stay . Response due: 3/7/03. (LTD)
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                                                                  Blank 4 Filed: 1/21/2003, Entered: 1/27/2003 OrderCourt Filing
                                                                  SPECIAL PROCEDURES ORDER (signed by Chief Judge Edward J. Damich). Copy to parties. (LTD)
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                                                                    Blank 3 Filed: 1/15/2003, Entered: 1/23/2003 Notice of Appearance/
                                                                    NOTICE of Attorney Appearance for USA by James Henry Holl III. Service: 1/15/03. (LTD)
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                                                                      Blank 2 Filed: 12/27/2002, Entered: 1/3/2003 Case Assigned/ReassignedCourt Filing
                                                                      Notice of assignment to Chief Judge Edward J. Damich. Copy to parties. (FE)
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                                                                        Blank 1 Filed: 12/27/2002, Entered: 1/3/2003 Complaint
                                                                        COMPLAINT, FILING FEE $150, RECEIPT #055882. Answer due on 2/25/03. (FE)
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