MCGRUDER v. USA
Federal Civil Lawsuit United States Court of Federal Claims, Case No. 1:03-cv-00441-FMA
District Judge Francis M. Allegra, presiding

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No Logo MARNITA L. MCGRUDER, Plaintiff

Toggle Switch Represented by Glen E. Keller, Jr

Name Phone Fax E-Mail
Space John Adams Wickham +1 303 670 3825 +1 303 670 1586 wickham1@wispertel.net
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 Thomas David Dinackus +1 202 307 6289 +1 202 514 7969 thomas.dinackus@usdoj.gov
Office COFC
Filed 2/24/2003
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 Dismissed - Voluntarily
County
Terminated 11/2/2005
Origin 1
Reopened None
Lead Case None
Related Case
Other Court Case None
Def Custody Status
Flags CLOSED, ECF
  Entries (72) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document 68 Filed: 11/2/2005, Entered: 11/2/2005
NOTICE of Voluntary Dismissal without prejudice, filed by MARNITA L. MCGRUDER (Wickham, John)
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    Legal Document 67 Filed: 11/2/2005, Entered: 11/2/2005
    STATUS REPORT, filed by MARNITA L. MCGRUDER. (Attachments: # (1) Exhibit A)(Wickham, John)
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      Legal Document 66 Filed: 10/25/2005, Entered: 10/25/2005 Court Filing
      ORDER granting in part and denying in part [65]Motion continue the stay. On or before November 14, 2005, Plaintiff shall file its status report. Signed by Judge Francis M. Allegra. (si1, )
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        Blank -- Filed: 10/25/2005, Entered: 10/25/2005
        Set/Reset Deadlines: Plaintiff's Status Report due by 11/14/2005. (jat, )
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          Legal Document 65 Filed: 10/19/2005, Entered: 10/19/2005, Terminated: 10/25/2005 Motion for Miscellaneous Relief
          Unopposed MOTION continue the stay, suspend status reports, or in the alternative, for extension of time filed by MARNITA L. MCGRUDER. Response due by 11/7/2005. (Attachments: # (1) Exhibit A)(Wickham, John)
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          Legal Document 63 Filed: 8/1/2005, Entered: 8/1/2005
          NOTICE of Designation of Electronic Case. (mb2, )
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            Blank 62 Filed: 8/1/2005, Entered: 8/1/2005 Court Filing
            ORDER directing the Clerk to designate this case as an electronic (ECF) case. All future filings will be in electronic form. Signed by Judge Francis M. Allegra. (mb2, )
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              Blank 64 Filed: 7/29/2005, Entered: 8/2/2005 Order on Motion For Leave to File.Court Filing
              ORDER granting [60] Motion for Leave to File Status Report. Signed by Judge Francis M. Allegra. (mb2, )
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                Blank 61 Filed: 7/29/2005, Entered: 8/1/2005 Status Report
                STATUS REPORT, filed by MARNITA L. MCGRUDER. Service: 7/19/2005.(mb2, )
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                  Blank 60 Filed: 7/20/2005, Entered: 7/22/2005, Terminated: 7/29/2005 Terminated:
                  MOTION for Leave to File Status Report Out of Time, filed by MARNITA L. MCGRUDER. Service: 7/19/2005. Response due by 8/8/2005. (mb2, )
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                    Blank 59 Filed: 3/7/2005, Entered: 3/10/2005 Status Report
                    STATUS REPORT by MARNITA L. MCGRUDER. Status Report due by 7/19/2005 Service: 3/4/2005.(mb2, )
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                      Blank 58 Filed: 2/18/2005, Entered: 2/24/2005 Status Report
                      STATUS REPORT by MARNITA L. MCGRUDER. Service: 2/14/2005.(mb2, )
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                        Blank 57 Filed: 1/18/2005, Entered: 1/19/2005 Order on Motion to Dismiss - Rule 41(a)Court Filing
                        ORDER granting [51] Motion to Voluntarily Dismiss - Rule 41(a). The claims raised in the plaintiff's amended complaint are unaffected by this order. Signed by Judge Francis M. Allegra. (mb2, )
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                          Blank 56 Filed: 1/18/2005, Entered: 1/19/2005 Second Amended Complaint
                          AMENDED COMPLAINT against USA, filed by MARNITA L. MCGRUDER. Related document: [1] Complaint.(mb2, )
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                            Blank 55 Filed: 1/18/2005, Entered: 1/19/2005 Order on Motion For Leave to File.Court Filing
                            ORDER granting [52] Motion for Leave to File Amended Complaint. Signed by Judge Francis M. Allegra. (mb2, )
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                              Blank 54 Filed: 1/18/2005, Entered: 1/19/2005 Order on Motion to StayCourt Filing
                              ORDER granting [53] Motion to Stay. Status Report due from Plaintiff by 4/19/2005; Joint Status Report due by 07/19/05. Signed by Judge Francis M. Allegra. (mb2, )
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                                Blank 53 Filed: 12/20/2004, Entered: 12/28/2004, Terminated: 1/18/2005 Terminated:
                                MOTION to Stay proceedings pending reconsiderations appeal etc. by MARNITA L. MCGRUDER.Service: 12/17/2004. (bre, )
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                                  Blank 52 Filed: 12/20/2004, Entered: 12/28/2004, Terminated: 1/18/2005 Terminated:
                                  MOTION for Leave to File amended complaint by MARNITA L. MCGRUDER.Service: 12/17/2004. (bre, )
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                                    Blank 51 Filed: 12/20/2004, Entered: 12/28/2004, Terminated: 1/18/2005 Terminated:
                                    MOTION to Voluntarily Dismiss pursuant to Rule 41(a) by USA.Service: 12/17/2004. (hw1, )
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                                      Blank 50 Filed: 12/14/2004, Entered: 12/21/2004 Order on Motion for Extension of Time to FileCourt Filing
                                      ORDER granting [49] Motion for Extension of Time until December 27, 2004, for Plaintiff to file their reply to Defendant's response to their motion to respond to inquiries at oral argument.. Signed by Judge Francis M. Allegra. (jat, )
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                                        Blank -- Filed: 12/14/2004, Entered: 12/21/2004 Set/Reset Deadlines:
                                        Set/Reset Deadlines: . Reply due by 12/27/2004. (jat, )
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                                          Blank 49 Filed: 12/8/2004, Entered: 12/14/2004, Terminated: 12/14/2004 Terminated:
                                          MOTION for Extension of Time until December 24, 2004 to file settlement documents by MARNITA L. MCGRUDER.Service: 12/7/2004. Response due by 12/27/2004. (dw1)
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                                            Blank 48 Filed: 12/6/2004, Entered: 12/13/2004 Order on Motion For Leave to File.Court Filing
                                            ORDER granting [47] Motion for Leave to File Motion for Enlargement until 12/10/04 to reply to response to motion to respond to inquiries at oral argument. Plaintiff shall file its reply by 12/10/04. Signed by Judge Lawrence M. Baskir for Judge Francis M. Allegra. (jat, )
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                                              Blank -- Filed: 12/6/2004, Entered: 12/13/2004 Set Deadlines/Hearings:
                                              Set Deadlines/Hearings: . Plaintiff's reply to response to motion to respond to inquiries at oral argument due by 12/10/2004. (jat, )
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                                                Blank 47 Filed: 11/30/2004, Entered: 12/6/2004, Terminated: 12/6/2004 Terminated:
                                                MOTION for Leave of One Day to File on 11/30/2004, an Unopposed Motion for Extension of Time until 12/10/2004, to File the Revised Settlement Pleadings by MARNITA L. MCGRUDER.Service: 11/29/2004. Response due by 12/16/2004.(jcp, )
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                                                  Blank 46 Filed: 11/3/2004, Entered: 11/8/2004 Order on Motion For Leave to File.Court Filing
                                                  ORDER granting [45] Pltf's Unopposed Motion for Enlargement of Time to Reply to Dft's Opposition to Pltf's Motion to Respond to Inquiries at Oral Argument. Pltf shall file its reply on or before 11/26/2004. Signed by Judge Francis M. Allegra. (jcp, )
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                                                    Blank 45 Filed: 10/27/2004, Entered: 11/2/2004, Terminated: 11/3/2004 Terminated:
                                                    MOTION for Leave to File Motion for Enlargement of Time until 11/26/04 to finalize terms of settlement and file appropriate pleadings by MARNITA L. MCGRUDER.Service: 10/26/04. Response due by 11/12/2004 (jat, )
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                                                      Blank 44 Filed: 10/13/2004, Entered: 10/19/2004 Terminated:
                                                      MOTION for Extension of Time to File Reply to [38] Response to Motion (until October 26, 2004) by MARNITA L. MCGRUDER.Service: 10/12/04. (dw1)
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                                                        Blank 43 Filed: 10/5/2004, Entered: 10/6/2004 Order on Motion for Extension of Time to File RespCourt Filing
                                                        ORDER granting [42] Motion for Extension of Time to File Reply to Response to Motion to respond to inquiries at oral argument. Reply due by 10/13/2004. Signed by Judge Francis M. Allegra. (dw1)
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                                                          Blank 42 Filed: 9/30/2004, Entered: 10/4/2004, Terminated: 10/5/2004 Terminated:
                                                          UNOPPOSED MOTION for Extension of Time to File Reply to Dft's Opposition to Pltf's Response to Inquires at Oral Argument, by MARNITA L. MCGRUDER.Service: 9/27/2004. Response due by 10/14/2004.(jcp, )
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                                                            Blank 41 Filed: 9/24/2004, Entered: 9/28/2004 Order on Motion for Extension of Time to File RespCourt Filing
                                                            ORDER granting [40] Pltf's Unopposed Motion for Extension of Time to File Reply to [38] Dft's Opposition to [37] Pltf's MOTION to Respond to Inquiries at Oral Argument. On or before 10/1/2004, pltf shall reply to dft's opposition to pltf's motion to respond to inquiries at oral argument. Signed by Judge Francis M. Allegra. (jcp, )
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                                                              Blank 40 Filed: 9/22/2004, Entered: 9/26/2004, Terminated: 9/24/2004 Terminated:
                                                              MOTION for Extension of Time to File Response/Reply as to [38] Response to Motion,until 10/1/2004, by MARNITA L. MCGRUDER.Service: 9/21/2004. Response due by 10/12/2004 (lg1, )
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                                                                Blank 39 Filed: 9/14/2004, Entered: 9/17/2004 TranscriptCourt Filing
                                                                TRANSCRIPT of Proceedings held on August 11, 2004 before Judge Francis M. Allegra. (dw1)
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                                                                  Blank 38 Filed: 9/9/2004, Entered: 9/14/2004 Response to Motion
                                                                  OPPOSITION to [37] Pltf's MOTION for Leave to File a Response to Inquiries at Oral Argument and Motion to Supplement the Administrative Record, and to Cite Supplemental Authority, filed by USA. Reply due by 9/23/2004. Service: 9/9/2004.(jcp, )
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                                                                    Blank 37 Filed: 8/24/2004, Entered: 8/25/2004 Terminated:
                                                                    MOTION for Leave to File His Motion for Leave to Submit Response to Inquiries at Oral Argument and Motion to Supplement the Administrative Record, and to Cite Supplemental Authority, by MARNITA L. MCGRUDER.Service: 8/23/2004. Response due by 9/9/2004.(jcp, )
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                                                                      Blank -- Filed: 8/23/2004, Entered: 8/23/2004
                                                                      Set/Reset Transcript Deadlines: Transcript due by 9/13/2004. (vp1, )
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                                                                        Blank 36 Filed: 8/16/2004, Entered: 8/18/2004 Order Returning Document UnfiledCourt Filing
                                                                        ORDER RETURNING: On 8/13/2004, pltf submitted a filing in response to inquiries at oral argument and motions to supplement the administrative record and to cite supplemental authority. The Clerk is hereby directed to return this filing to pltf, as it was without the requisite motion for leave to file such a document. On or before 8/23/2004, pltf shall refile these documents, together with the requisite motion for leave to file, and shall include an explanation of the basis for this motion, including why factual materials relating to this case were not filed earlier. Signed by Judge Francis M. Allegra. (jcp, )
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                                                                          Blank 35 Filed: 7/9/2004, Entered: 7/13/2004 Description not available
                                                                          REPLY to Dft's Opposition to [29] Pltf's CROSS MOTION for Judgment on the Administrative Record to [11] Dft's Motion for Judgment on the Pleadings, Together with Separately Bound Appendix Volume, filed by MARNITA L. MCGRUDER. Service: 7/8/2004.(jcp, )
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                                                                            Blank 34 Filed: 6/29/2004, Entered: 7/2/2004 Response to Motion
                                                                            RESPONSE to [29] CROSS MOTION to [11] Motion for Judgment on the Pleadings filed by USA filed by USA. Reply due by 7/13/2004. Service: 6/29/2004.(dw1)
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                                                                              Blank 33 Filed: 5/26/2004, Entered: 6/1/2004 Order on Motion for Extension of Time to File RespCourt Filing
                                                                              ORDER granting [32] Dft's Unopposed Motion for Extension of Time to File Response to [29] Pltf's CROSS MOTION to [11] Dft's Motion for Judgment on the Pleadings. Response due on or before 6/29/2004. Signed by Judge Francis M. Allegra. (jcp, )
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                                                                                Blank 32 Filed: 5/24/2004, Entered: 5/26/2004, Terminated: 5/26/2004 Terminated:
                                                                                UNOPPOSED MOTION for Extension of Time to File Response to [29] Pltf's CROSS MOTION to [11] Dft's Motion for Judgment on the Pleadings, until 6/29/2004, by USA.Service: 5/24/2004. Response due by 6/10/2004. (jcp, )
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                                                                                  Blank 31 Filed: 5/10/2004, Entered: 5/12/2004 Order on Motion to Supplement the Administrative RCourt Filing
                                                                                  ORDER granting [28] Pltf's Motion to Supplement the Administrative Record. The following documents, filed as attachments to pltf's cross motion for judgment on the administrative record, shall be considered part of the administrative record: Exhibit A, Exhibit B and Exhibit C. Signed by Judge Francis M. Allegra. (jcp, )
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                                                                                    Blank 30 Filed: 4/30/2004, Entered: 5/5/2004 Statement of Facts
                                                                                    COUNTER STATEMENT OF FACTS by MARNITA L. MCGRUDER. Service: 04/30/2004.(lld, )
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                                                                                      Blank 29 Filed: 4/30/2004, Entered: 5/5/2004 Terminated:
                                                                                      CROSS MOTION to [11] Motion for Judgment on the Pleadings filed by USA by MARNITA L. MCGRUDER.Service: 04/30/2004. Response due by 5/28/2004 (lld, ) Modified on 5/5/2004 (lld, ). Together with Separate Appendix.
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                                                                                        Blank 28 Filed: 4/30/2004, Entered: 5/5/2004, Terminated: 5/10/2004 Terminated:
                                                                                        MOTION to Supplement the Administrative Record by MARNITA L. MCGRUDER.Service: 04/30/2004. Response due by 5/17/2004 (lld, )
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                                                                                          Blank 27 Filed: 4/30/2004, Entered: 5/4/2004 Order Setting Oral Argument/Hearing on MotionCourt Filing
                                                                                          ORDER Setting Hearing on Motion re: [11] Dft's MOTION for Judgment on the Pleadings: A telephonic Oral Argument will be held in this case on Wednesday, 8/11/2004 02:00 PM before Judge Francis M. Allegra. Signed by Judge Francis M. Allegra. (jcp, )
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                                                                                            Blank 26 Filed: 4/21/2004, Entered: 4/23/2004 Order on Motion for Extension of Time to File RespCourt Filing
                                                                                            ORDER denying [25] Motion for Extension of Time to File Response re [11] MOTION for Judgment on the Pleadings. Response due by 4/30/2004. Signed by Judge Francis M. Allegra. (dw1)
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                                                                                              Blank 25 Filed: 4/16/2004, Entered: 4/21/2004, Terminated: 4/21/2004 Terminated:
                                                                                              MOTION for Extension of Time to File Response to [11] MOTION for Judgment on the Pleadings, (until May 11, 2004), by MARNITA L. MCGRUDER.Service: 4/15/04. (dw1)
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                                                                                                Blank 24 Filed: 3/9/2004, Entered: 3/10/2004 Order on Motion for Extension of Time to File RespCourt Filing
                                                                                                ORDER granting [23] Pltf's Unopposed Motion for Extension of Time to File Response to [11] Dft's MOTION for Judgment on the Pleadings. On or before 4/16/2004, pltf shall respond to dft's motion for judgment on the record. Signed by Judge Lawrence M. Baskir for Judge Francis M. Allegra. (jcp, ) Modified on 3/10/2004 (jcp, ).
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                                                                                                  Blank 23 Filed: 3/4/2004, Entered: 3/5/2004, Terminated: 3/9/2004 Terminated:
                                                                                                  UNOPPOSED MOTION for Extension of Time to File Response to [11] Dft's MOTION for Judgment on the Record, until 4/16/2004, by MARNITA L. MCGRUDER.Service: 3/3/2004. Response due by 3/22/2004. (jcp, )
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                                                                                                    Blank 22 Filed: 2/5/2004, Entered: 2/10/2004 Order on Motion for Extension of Time to File RespCourt Filing
                                                                                                    ORDER granting [21] Pltf's Unopposed Motion for Extension of Time to File Response to [11] Dft's MOTION for Judgment on the Pleadings.Pltf shall Respond on or before 3/5/2004. Signed by Judge Francis M. Allegra. (jcp, )
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                                                                                                      Blank 21 Filed: 1/30/2004, Entered: 2/4/2004, Terminated: 2/5/2004 Terminated:
                                                                                                      UNOPPOSED MOTION for Extension of Time to File Response/Reply to [11] Dft's MOTION for Judgment on the Record, until 3/5/2004, by MARNITA L. MCGRUDER.Service: 1/30/2004. Response due by 2/17/2004. (jcp, )
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                                                                                                        Blank 20 Filed: 1/5/2004, Entered: 1/9/2004 Order on Motion for Extension of Time to File RespCourt Filing
                                                                                                        ORDER granting [19] Pltf's Unopposed Motion for Extension of Time to File Response to [11] Dft's MOTION for Judgment on the Pleadings, until 1/30/2004. Response due on or before 1/30/2004. Signed by Judge Francis M. Allegra. (jcp, )
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                                                                                                          Blank 19 Filed: 12/23/2003, Entered: 12/29/2003, Terminated: 1/5/2004 Terminated:
                                                                                                          UNOPPOSED MOTION for Extension of Time to File Response to [11] Dft's MOTION for Judgment on the Pleadings, until 1/30/2004, by MARNITA L. MCGRUDER.Service: 10/28/03. Response due by 1/9/2004. (jcp, )
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                                                                                                            Blank 18 Filed: 10/31/2003, Entered: 11/5/2003 Order on Motion for Extension of Time to File RespCourt Filing
                                                                                                            ORDER granting [17] Pltf's Unopposed Motion for Extension of Time to File Response to [11] Dft's MOTION for Judgment on the Pleadings. Response due on or before 12/23/2003. Signed by Judge Francis M. Allegra. (jcp, )
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                                                                                                              Blank 17 Filed: 10/29/2003, Entered: 10/30/2003, Terminated: 10/31/2003 Terminated:
                                                                                                              UNOPPOSED MOTION for Extension of Time to File Response to [11] Dft's MOTION for Judgment on the Pleadings, until 12/23/03, by MARNITA L. MCGRUDER.Service: 10/28/03. Response due by 11/14/2003. (jcp, )
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                                                                                                                Blank 16 Filed: 9/26/2003, Entered: 10/2/2003 Terminated:
                                                                                                                MOTION for Extension of Time to File Response/Reply as to [11] MOTION for Judgment on the Pleadings,until 10/30/03, by MARNITA L. MCGRUDER.Service: 9/25/03. Response due by 10/14/2003 (jat, )
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                                                                                                                  Blank 15 Filed: 7/24/2003, Entered: 7/24/2003 Court Filing
                                                                                                                  ORDER granting [14] Pltf's Unopposed Motion for Extension of Time to File Response as to [11] Dft's MOTION for Judgment on the Pleadings, until 9/30/03. Response due by 9/30/2003. Signed by Judge Francis M. Allegra. (jcp, )
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                                                                                                                    Blank 14 Filed: 7/22/2003, Entered: 7/23/2003, Terminated: 7/24/2003 Terminated:
                                                                                                                    UNOPPOSED MOTION for Extension of Time to File Response as to [11] Dft's MOTION for Judgment on the Record, until 9/30/03, by MARNITA L. MCGRUDER.Service: 7/22/03. Response due by 8/8/2003.(jcp, )
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                                                                                                                      Blank 13 Filed: 7/1/2003, Entered: 7/3/2003 Administrative Record
                                                                                                                      ADMINISTRATIVE RECORD in two volumes of orange folders by UNITED STATES, per Order of 7/1/03. (jcp, )
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                                                                                                                        Blank 12 Filed: 7/1/2003, Entered: 7/3/2003 Order on Motion For Leave to File.Court Filing
                                                                                                                        ORDER granting [9] Dft's Motion for Leave to File the Administrative Record. Accordingly, the Clerk is directed to file the attached administrative record. Signed by Judge Francis M. Allegra. (jcp, )
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                                                                                                                          Blank 11 Filed: 6/26/2003, Entered: 6/27/2003 Terminated:
                                                                                                                          MOTION for Judgment Upon the Administrative Record by UNITED STATES.Service: 6/26/03. Response due by 7/28/2003 (jcp, )
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                                                                                                                            Blank 10 Filed: 6/26/2003, Entered: 6/27/2003 Statement of Facts
                                                                                                                            STATEMENT OF FACTS by UNITED STATES. Service: 6/26/03.(jcp, )
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                                                                                                                              Blank 9 Filed: 6/18/2003, Entered: 6/20/2003, Terminated: 7/1/2003 Terminated:
                                                                                                                              MOTION for Leave to File the Administrative Record by UNITED STATES.Service: 6/18/03. Response due by 7/7/2003 (jcp, )
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                                                                                                                                Blank 8 Filed: 5/29/2003, Entered: 6/5/2003 Order on Motion for Extension of Time to File RespCourt Filing
                                                                                                                                ORDER granting [7] Motion for Extension of Time to File Response to Plaintiff's Complaint, until 7/11/03. Signed by Judge Edward J. Damich. (vro, )
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                                                                                                                                  Blank 7 Filed: 5/27/2003, Entered: 6/4/2003, Terminated: 5/29/2003 Terminated:
                                                                                                                                  MOTION for Extension of Time to File Response to complaint, until 6/26/03, by UNITED STATES.Service: 5/27/03. (hw1, )
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                                                                                                                                    Blank 6 Filed: 4/21/2003, Entered: 4/25/2003 Order on Motion for Extension of Time to AnswerCourt Filing
                                                                                                                                    ORDER granting [5] Motion for Extension of Time to Answer the complaint.Answer to complaint due 5/27/2003. Signed by Judge Francis M. Allegra. (lrd)
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                                                                                                                                      Blank 5 Filed: 4/18/2003, Entered: 4/25/2003, Terminated: 4/21/2003 Terminated:
                                                                                                                                      MOTION for Extension of Time to File Answer until 5/27/03 by The United States.Service: 4/18/03. Response due by 5/5/2003 (hw1, )
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                                                                                                                                        Blank 4 Filed: 3/13/2003, Entered: 3/14/2003 Description not availableCourt Filing
                                                                                                                                        SPECIAL PROCEDURES ORDER of Judge Francis M. Allegra. Copy to parties. (LTD)
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                                                                                                                                          Blank 3 Filed: 3/12/2003, Entered: 3/13/2003 Notice of Appearance/
                                                                                                                                          NOTICE of Attorney Appearance for USA by Thomas David Dinackus. Service: 3/12/03. (LTD)
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                                                                                                                                            Blank 2 Filed: 2/24/2003, Entered: 2/27/2003 Case Assigned/ReassignedCourt Filing
                                                                                                                                            Notice of assignment to Judge Francis M. Allegra. Copy to parties. (FE)
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                                                                                                                                              Blank 1 Filed: 2/24/2003, Entered: 2/27/2003 Complaint
                                                                                                                                              COMPLAINT, FILING FEE $150, RECEIPT #056490. Answer due on 4/25/03. (FE)
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