BERNARD v. USA
Federal Civil Lawsuit United States Court of Federal Claims, Case No. 1:03-cv-00265-SGB
District Judge Susan G. Braden, presiding

Tags No tags have been applied so far. Sign in to add some.
Request Update Request UpdateSpaceE-Mail Alert Get E-Mail Alerts

No Logo Daniel J Bernard, Plaintiff
v.
United States of America United States of America, Defendant
Officially listed as "USA"

Toggle Switch Represented by Unknown Firm

Name Phone Fax E-Mail
Space Michael David Panzera
Office COFC
Filed 2/5/2003
Jury Demand
Demand $10000000
Nature of Suit 352 - Military Pay - Retirement
Cause Section 28 U.S.C. § 1491 Tucker Act
Jurisdiction U.S. Government Defendant
Disposition Dismissed
County None
Terminated 1/23/2004
Origin 1
Reopened None
Lead Case None
Related Case
Other Court Case '04-5039'[]
Def Custody Status
Flag CLOSED
  Entries (30) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
Save 25% on a pre-paid one year subscription.
Blank 29 Filed: 6/1/2004, Entered: 7/16/2004 CAFC Mandate Affirming
MANDATE of CAFC affirming [28] Judgment order that directed the case be dismissed. (hw1, )
    LREF
    Blank 28 Filed: 1/23/2004, Entered: 1/23/2004
    JUDGMENT entered, pursuant to Rule 58, that the complaint is dismissed. (lld, )
      LREF
      Blank 27 Filed: 1/22/2004, Entered: 1/23/2004 Published Opinion/OrderCourt Filing
      PUBLISHED ORDER and OPINION granting the government's April 11, 2003 motion to dismiss, pursuant to RCFC 12(b)(6) and directing the clerk to dismiss the Sept. 2, 2003 First Amended Complaint in its entirety. The Clerk is directed to enter judgment. Signed by Judge Susan G. Braden. (lld, )
        LREF
        Blank 26 Filed: 12/29/2003, Entered: 1/5/2004 Terminated:
        CAFC Case Number 04-5039 for [24] Notice of Appeal filed by DANIEL J. BERNARD. (hw1, )
          LREF
          Blank 25 Filed: 12/29/2003, Entered: 1/5/2004 Terminated:
          CAFC Case Number 04-5039 for [24] Notice of Appeal filed by DANIEL J. BERNARD. (hw1, )
            LREF
            Blank 24 Filed: 12/1/2003, Entered: 12/19/2003 Terminated:
            NOTICE OF APPEAL by DANIEL J. BERNARD. Partial filing fee of $ 105, receipt number 059243. Copies to judge, opposing party and CAFC. (hw1, )
              LREF
              Blank 23 Filed: 9/30/2003, Entered: 9/30/2003
              JUDGMENT entered, pursuant to Rule 58, that paragraphs 1-3, 6-10, 20 and 22 of the complaint are dismissed, with prejudice. (lld, )
                LREF
                Blank 22 Filed: 9/30/2003, Entered: 9/30/2003 Court Filing
                ORDER and OPINION granting plaintiff's June 30, 2003 motion for leave to amend complaint. Because there is no just reason for delay, the government's April 11, 2003 motion to dismiss if granted and paragraphs 1-3, 6-10, 20 and 22 are dismissed with prejudice since the court has no jurisdiction over these claims as a matter of law. The remaining claims in the amended complaint will be dismissed 1/9/2004, unless a motion for leave to further amend is filed, together with a proposed complaint that cures the deficiencies identified by the court herein. Plaintiff's other outstanding motions are moot and denied. The clerk is directed to enter judgment. Signed by Judge Susan G. Braden. (lld, ) Modified on 10/2/2003 (jat, ).
                  LREF
                  Blank 21 Filed: 9/17/2003, Entered: 9/23/2003 Order on Motion to SealCourt Filing
                  ORDER granting [10] Pltf's Motion for Leave to File Under Seal. The Clerk of the Court is directed to file Attachments A through F in pltf's response to dft's motion to dismiss, filed 6/30/03, under seal. Signed by Judge Susan G. Braden. (jcp, )
                    LREF
                    Blank 20 Filed: 9/11/2003, Entered: 9/15/2003 Order on Motion for Miscellaneous ReliefCourt Filing
                    ORDER: That [17] Pltf's Motion to Reverse Assignment of Judge in This Case, From Judge Smith to Judge Braden, is hereby DENIED. Pltf's alternative motion that the Chief Judge keep control of this case is also DENIED. As Pltf's motion to reverse reassignment is denied, this case is still assigned to Judge Braden, who will decide Pltf's motion for appointment of counsel. Signed by Judge Edward J. Damich. (jcp, )
                      LREF
                      Blank 19 Filed: 9/4/2003, Entered: 9/9/2003 Response to MotionCourt Filing
                      RESPONSE to [18] Pltf's MOTION for Leave to File Second Amended Complaint, [17] Pltf's MOTION in Opposition to Asssignment of Judge Braden re: [14] Order Reassigning Case, and Pltf's MOTION for Appointment of Counsel filed by USA. Reply due by 9/18/2003. Service: 9/4/03.(jcp, )
                        LREF
                        Blank 18 Filed: 9/2/2003, Entered: 9/8/2003 Terminated:
                        MOTION for Leave to File Second Amended Complaint by DANIEL J. BERNARD.Service: 8/28/03. Response due by 9/15/2003. (jcp, )
                          LREF
                          Blank 17 Filed: 9/2/2003, Entered: 9/8/2003, Terminated: 9/11/2003 Terminated: Court Filing
                          MOTION to Reverse Asssignment of Judge re: [14] Order Reassigning Case, and MOTION for Appointment of Counsel for Plaintiff, by DANIEL J. BERNARD.Service: 8/28/03. Response due by 9/15/2003. Response due by 9/15/2003. (jcp, )
                            LREF
                            Blank 16 Filed: 8/15/2003, Entered: 8/20/2003 Description not available
                            REPLY to Pltf's Response in Opposition to [6] Dft's MOTION to Dismiss Pursuant to Rule 12(b)(1) for Lack of Subject Matter Jurisdiction filed by USA. Service: 8/15/03.(jcp, )
                              LREF
                              Blank 15 Filed: 8/15/2003, Entered: 8/15/2003 Court Filing
                              NOTICE of Reassignment to Judge Susan Braden. (jcp, )
                                LREF
                                Blank 14 Filed: 8/15/2003, Entered: 8/15/2003 Court Filing
                                ORDER REASSIGNING CASE. Pursuant to Rule 40.1(c) of the RCFC, which permits the Chief Judge to reassign any case if necessary for the efficient administration of justice, the Clerk of the Court is directed to reassign the above captioned case to Judge Susan Braden. Judge Loren A. Smith no longer assigned to case. Signed by Judge Edward J. Damich. (jcp, )
                                  LREF
                                  Blank 13 Filed: 7/21/2003, Entered: 7/22/2003 Order on Motion for Extension of Time to AnswerCourt Filing
                                  ORDER granting [12] Dft's Motion for Extension of Time to Respond/Answer Pltf's Complaint. The response is now due on 8/15/03. Answer Due by 8/15/2003. Signed by Judge Loren A. Smith. (jcp, )
                                    LREF
                                    Blank 12 Filed: 7/11/2003, Entered: 7/15/2003, Terminated: 7/21/2003 Terminated: Court Filing
                                    UNOPPOSED MOTION for Extension of Time to File Response/Answer re: [1] Complaint until 8/14/2003 by UNITED STATES, Filed by Leave of the Judge.Service: 7/8/03. Response due by 7/28/2003.(jcp, )
                                      LREF
                                      Blank 11 Filed: 6/30/2003, Entered: 7/2/2003 Terminated:
                                      MOTION for Leave to File Amended Complaint, and MOTION to Strike Attachment A of Dft's Motion to Dismiss by DANIEL J. BERNARD.Service: 6/27/03. Response due by 7/14/2003. (jcp, )
                                        LREF
                                        Blank 10 Filed: 6/30/2003, Entered: 7/2/2003, Terminated: 9/17/2003 Terminated:
                                        MOTION to Have the Court Order the Clerk of Courts to File Attachments A Through F in Pltf's Response to Dft's Motion to Dismiss Under Seal by DANIEL J. BERNARD.Service: 6/27/03. Response due by 7/14/2003 (jcp, )
                                          LREF
                                          Blank 9 Filed: 5/8/2003, Entered: 6/3/2003 Order on Motion for Extension of Time to File RespCourt Filing
                                          ORDER granting [8] Motion for Extension of Time to File Response to [6]MOTION to Dismiss pursuant to Rule 12(b)(1). Response due by 6/30/2003. Signed by Judge Loren A. Smith. (dls, )
                                            LREF
                                            Blank 8 Filed: 5/6/2003, Entered: 6/3/2003, Terminated: 5/8/2003 Terminated:
                                            MOTION for Extension of Time to File Response to [6] MOTION to Dismiss pursuant to Rule 12(b)(1) (until 6/30/03) filed by DANIEL J. BERNARD.Service: 5/5/03. (dls, )
                                              LREF
                                              Blank 7 Filed: 4/11/2003, Entered: 4/17/2003 Redacted DocumentCourt Filing
                                              REDACTED DOCUMENT (DEFENDANT'S MOTION TO DISMISS) by The United States.Filed by leave of the Judge. Service: 4/7/03. (lrd)
                                                LREF
                                                Blank 6 Filed: 4/11/2003, Entered: 4/17/2003 Terminated: Court Filing
                                                MOTION to Dismiss pursuant to Rule 12(b)(1), by The United States.Service: 4/7/03. Filed by leave of the Judge. FILED UNDER SEAL. Response due 5/12/2003. (lrd)
                                                  LREF
                                                  Blank 5 Filed: 4/11/2003, Entered: 4/17/2003 Order on Motion For Leave to File.Court Filing
                                                  ORDER granting [4] Motion for Leave to File Motion to Dismiss under seal. Signed by Judge Loren A. Smith. (lrd)
                                                    LREF
                                                    Blank 4 Filed: 4/10/2003, Entered: 4/16/2003, Terminated: 4/11/2003 Terminated:
                                                    MOTION for Leave to File Motion to Dismiss, submitted 4/8/03, under seal, by The United States. Service: 4/10/03. Response due 4/28/2003. (lrd)
                                                      LREF
                                                      Blank 3 Filed: 2/25/2003, Entered: 3/4/2003 Notice of Appearance/
                                                      NOTICE of Attorney Appearance for USA by Michael David Panzera. Service: 2/25/03. (LTD)
                                                        LREF
                                                        Blank -- Filed: 2/24/2003, Entered: 2/24/2003
                                                        Filing Fee Paid; FILING FEE $150 and RECEIPT #056457. (FE)
                                                          LREF
                                                          Blank 2 Filed: 2/5/2003, Entered: 2/6/2003 Case Assigned/ReassignedCourt Filing
                                                          Notice of assignment to Senior Judge Loren A. Smith. Copy to parties. (FE)
                                                            LREF
                                                            Blank 1 Filed: 2/5/2003, Entered: 2/6/2003 Complaint
                                                            COMPLAINT, Answer due on 4/7/03. [fee not received] (FE)
                                                              LREF

                                                              Statistics

                                                              This case has been viewed 157 times.

                                                              No comments have been added yet. Sign in to post a comment.
                                                              Space
                                                              Issues Laws Cases Pro Articles Firms Entities
                                                              Issues Laws Cases Pro Articles Firms Entities
                                                               
                                                              PlainSite
                                                              Sign Up
                                                              Need Password Help?