PRICE v. USA
Federal Civil Lawsuit United States Court of Federal Claims, Case No. 1:93-cv-00536-LAS
District Judge Loren A. Smith, presiding

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No Logo ROBERT E. PRICE, 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 C. Coleman Bird +1 202 307 0453 +1 202 514 7965 Coleman.Bird@usdoj.gov
Office COFC
Filed 8/27/1993
Jury Demand
Demand $0
Nature of Suit 346 - Military Pay - Correct/Reinstate
Cause Section 28 U.S.C. § 1491 Tucker Act
Jurisdiction
Disposition Preliminary Injunction
County
Terminated 2/5/1999
Origin 1
Reopened None
Lead Case None
Related Case
Other Court Case None
Def Custody Status
Flag CLOSED
  Entries (72) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Blank 67 Filed: 2/5/1999, Entered: 2/5/1999
JUDGMENT entered pursuant to Rule 58, that the complaint is dismissed. (signed by Clerk). Copy to parties. (LD)
    LREF
    Blank 66 Filed: 2/5/1999, Entered: 2/5/1999 Court Filing
    PUBLISHED DECISION granting [14-1] defendant's motion for Summary Judgment, and dismissing plaintiff's claim. ( signed by Chief Judge Loren A. Smith ). Copy to parties. (LD)
      LREF
      Blank -- Filed: 2/5/1999, Entered: 2/5/1999
      Case closed (LD)
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        Blank 65 Filed: 6/17/1998, Entered: 6/18/1998 Terminated:
        RESPONSE by USA to [64-1] memorandum by ROBERT E. PRICE. Service: 6/17/98 (AB)
          LREF
          Blank 64 Filed: 4/24/1998, Entered: 4/29/1998 Memorandum
          SUPPLEMENT by ROBERT E. PRICE re: [20-1] cross motion by ROBERT E. PRICE, together with separate volume appendix. Service: 4/24/98. (HW)
            LREF
            Blank 63 Filed: 3/13/1998, Entered: 3/16/1998 OrderCourt Filing
            ORDER granting [61-1] motion to Extend Time to file supplement to pending Cross-Motion for Summary Judgment. Reset date which Plaintiff must file his supplement to pending Cross Motions deadline to 4/24/98. Response to supplement to pending [20-1] cross motion reset to 6/17/98. ( signed by Chief Judge Loren A. Smith ) Copy to parties. (JT)
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              Blank 62 Filed: 3/12/1998, Entered: 3/13/1998 Administrative Record
              Supplement to the Administrative record filed by USA. Service: 3/12/98. (HW)
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                Blank 61 Filed: 3/12/1998, Entered: 3/12/1998, Terminated: 3/13/1998 Motion for Extension of Time
                MOTION by ROBERT E. PRICE (Service : 3/11/98 ) to Extend Time to file supplement to pending Cross-Motion for Summary Judgment [to April 24, 1998]. Response due: 3/30/98 (JT)
                  LREF
                  Blank 60 Filed: 1/23/1998, Entered: 1/30/1998 OrderCourt Filing
                  ORDER allowing plaintiff to supplement its Cross Motion for summary judgment by 3/16/98 , defendant to respond within 30 days thereafter , directing defendant to supplement the administrative record by 3/16/98 ; and permitting plaintiff to file under cover of a declaration, copies of legal memoranda, exhibits or other materials submitted for consideration by the ABCMR on remand. ( signed by Chief Judge Loren A. Smith ) Copy to parties. (DS)
                    LREF
                    Blank 59 Filed: 1/16/1998, Entered: 1/22/1998 Terminated:
                    MOTION by ROBERT E. PRICE (Service : 1/15/98 ) for Leave to File Notice Pursuant to Rule 60.1(b)(4). Response due: 2/2/98 (JT)
                      LREF
                      Blank 58 Filed: 1/15/1998, Entered: 1/20/1998 Status Report
                      STATUS REPORT by USA [in compliance with Rule 60.1(b)(4)]. Service: 1/15/98 (DS)
                        LREF
                        Blank 57 Filed: 12/4/1997, Entered: 12/8/1997 Decision by AgencyCourt Filing
                        Final Decision of the Army Board for Correction of Military Records. Copy to parties and to Judge. (DS)
                          LREF
                          Blank 56 Filed: 11/12/1997, Entered: 11/14/1997 OrderCourt Filing
                          ORDER Remanding to the Army Board for Correction of Military Records ( Agency Decision due 12/15/97 ). (Status Report [Notices pursuant to RCFC 60.1(b)(4)] due 1/15/98 ). ( signed by Chief Judge Loren A. Smith ) Copy to parties and certified copy to the ABCMR. (DS)
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                            Blank 55 Filed: 10/2/1997, Entered: 10/14/1997 ~Notice (other)
                            NOTICE pursuant to Rule 60.1(b)(4) by ROBERT E. PRICE. Service: 10/2/97 (HW)
                              LREF
                              Blank 54 Filed: 10/2/1997, Entered: 10/7/1997 Status Report
                              STATUS REPORT by ROBERT E. PRICE. Service: 10/2/97. (HW)
                                LREF
                                Blank 53 Filed: 6/4/1997, Entered: 6/16/1997 OrderCourt Filing
                                ORDER this case shall continue to be stayed and set Plaintiff's Status Report deadline to 10/2/97 ( signed by Chief Judge Loren A. Smith ). Copy to parties. (FE)
                                  LREF
                                  Blank 52 Filed: 5/28/1997, Entered: 6/3/1997 Status Report
                                  STATUS REPORT by ROBERT E. PRICE Filed by leave of the judge. Service: 5/19/97 (CDC)
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                                    Blank 51 Filed: 2/11/1997, Entered: 2/13/1997 Notice of Appearance/
                                    NOTICE of Attorney Appearance for USA by Charles Coleman Bird. Service : 2/11/97 (HW)
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                                      Blank 50 Filed: 1/31/1997, Entered: 2/4/1997 OrderCourt Filing
                                      ORDER Continuing stay and set Status Report deadline to 5/23/97 (signed by Chief Judge Loren A. Smith). Copy to parties. (FE)
                                        LREF
                                        Blank 49 Filed: 1/23/1997, Entered: 1/29/1997 Status ReportCourt Filing
                                        STATUS REPORT by ROBERT E. PRICE by leave of the Judge. Service: 1/13/97 (FE)
                                          LREF
                                          Blank 48 Filed: 1/23/1997, Entered: 1/29/1997 OrderCourt Filing
                                          ORDER filing plaintiff's status report by leave of the Judge (signed by Acting Chief Judge Lawrence S. Margolis for Chief Judge Loren A. Smith). Copy to parties. (FE)
                                            LREF
                                            Blank 47 Filed: 9/18/1996, Entered: 9/23/1996 OrderCourt Filing
                                            ORDER Continuing stay pending proceedings before the Army Board of Correction of Military Records and set Status Report deadline to 1/14/97 (signed by Chief Judge Loren A. Smith). Copy to parties. (FE)
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                                              Blank 46 Filed: 9/16/1996, Entered: 9/19/1996 Status Report
                                              STATUS REPORT by ROBERT E. PRICE. Service: 8/29/96 (FE)
                                                LREF
                                                Blank 45 Filed: 9/16/1996, Entered: 9/19/1996 OrderCourt Filing
                                                ORDER granting [44-1] motion for Leave to File status report (signed by Chief Judge Loren A. Smith). Copy to parties. (FE)
                                                  LREF
                                                  Blank 44 Filed: 9/3/1996, Entered: 9/6/1996, Terminated: 9/16/1996 Terminated:
                                                  MOTION by ROBERT E. PRICE (Service: 8/29/96) for Leave to File status report . (FE)
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                                                    Blank -- Filed: 8/21/1996, Entered: 8/21/1996
                                                    (FE)
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                                                      Blank 43 Filed: 6/24/1996, Entered: 6/28/1996 Notice of Change of Address
                                                      NOTICE of change of address by John Peebles Sholar Jr. (FE)
                                                        LREF
                                                        Blank 42 Filed: 12/13/1995, Entered: 12/18/1995 OrderCourt Filing
                                                        ORDER Staying case for 120 days to allow plaintiff to submut its evidence, etc., and further directing plaintiff to file a status report by deadline of 4/11/96 ( signed by Chief Judge Loren A. Smith ) Copy to parties. (HW)
                                                          LREF
                                                          Blank 40 Filed: 12/4/1995, Entered: 12/8/1995 ~Notice (other)
                                                          NOTICE of pursuant to Rule 60.1(b)(4) by ROBERT E. PRICE Service: 12/2/95 (FE)
                                                            LREF
                                                            Blank 39 Filed: 12/1/1995, Entered: 12/6/1995 ~Notice (other)Court Filing
                                                            NOTICE Pursuant to Rule 60.1(b)(4) by USA. Filed by leave of the Judge. Service: 11/22/95 (FE) Modified on 12/06/1995
                                                              LREF
                                                              Blank 41 Filed: 11/30/1995, Entered: 12/11/1995 OrderCourt Filing
                                                              ORDER granting [38-1] motion to Extend Time to file notice (signed by Judge Roger B. Andewelt acting Chief Judge.) Copy to parties. (FE)
                                                                LREF
                                                                Blank 38 Filed: 11/22/1995, Entered: 11/29/1995, Terminated: 11/30/1995 Terminated:
                                                                MOTION by ROBERT E. PRICE (Service: 11/21/95) to Extend Time to file notice [to December 4, 1995]. (FE)
                                                                  LREF
                                                                  Blank 37 Filed: 11/20/1995, Entered: 11/27/1995 Notice of Appearance/
                                                                  NOTICE of Attorney Appearance for USA by John Peebles Sholar Jr. Service: 11/20/95. (HW)
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                                                                    Blank 36 Filed: 10/23/1995, Entered: 10/30/1995 DECISION on RemandCourt Filing
                                                                    DECISION ON REMAND of Chief Judge Loren A. Smith, filed by leave of the Judge. Copy to parties. (HW)
                                                                      LREF
                                                                      Blank 35 Filed: 4/24/1995, Entered: 4/27/1995 Status Report
                                                                      Supplement to the STATUS REPORT by ROBERT E. PRICE Service: 4/14/95 (HW)
                                                                        LREF
                                                                        Blank 34 Filed: 4/10/1995, Entered: 4/12/1995 Status Report
                                                                        STATUS REPORT by USA. Service: 4/10/95 (FE)
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                                                                          Blank -- Filed: 4/10/1995, Entered: 4/12/1995 Set/Reset Deadlines:
                                                                          Deadline updated; set Status Report deadline to 7/10/95 (90 days). (FE)
                                                                            LREF
                                                                            Blank 31 Filed: 1/11/1995, Entered: 1/11/1995 Court Filing
                                                                            ORDER granting [16-1] motion for Leave to File administrative record and administrative record in two volumes FILED FOR 1/10/95. (signed by Chief Judge Loren A. Smith) Copy to parties. (FE) Modified on 04/11/1995
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                                                                              Blank 33 Filed: 1/10/1995, Entered: 1/11/1995 Administrative Record
                                                                              Administrative Record in two bound volumes returned to defendant's attorney pursuant to Rule 60.1. (FE)
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                                                                                Blank 32 Filed: 1/10/1995, Entered: 1/11/1995 Administrative Record
                                                                                Administrative record in two bound volumes filed by USA. (FE)
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                                                                                  Blank 30 Filed: 1/10/1995, Entered: 1/11/1995 OrderCourt Filing
                                                                                  ORDER Remanding this case to the Secretary of the Army (Agency Decision due 7/9/95). (Status Report due 4/10/95) and EVERY 90 DAYS THEREAFTER . (signed by Chief Judge Loren A. Smith) Copy to parties and certified copy mailed to the Secretary of the Army. (FE) Modified on 04/11/1995
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                                                                                    Blank 29 Filed: 1/6/1995, Entered: 1/10/1995 OrderCourt Filing
                                                                                    ORDER granting [27-1] motion for leave to cite supplemental authority (signed by Chief Judge Loren A. Smith). Copy to parties. (FE)
                                                                                      LREF
                                                                                      Blank 28 Filed: 12/22/1994, Entered: 12/27/1994 Terminated:
                                                                                      MOTION by USA (Service: 12/22/94) to Remand to Secretary of the Army for the Army Board for the Correction of Military Records . (FE)
                                                                                        LREF
                                                                                        Blank 27 Filed: 12/8/1994, Entered: 12/9/1994, Terminated: 1/6/1995 Terminated:
                                                                                        MOTION by ROBERT E. PRICE (Service : 12/4/94 ) for leave to cite supplemental authority . Response due: 12/27/94 (FE)
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                                                                                          Blank 26 Filed: 10/25/1994, Entered: 11/4/1994 Transcript
                                                                                          TRANSCRIPT of proceedings re:, 1 volume, at Washington, D.C., for date of September 28, 1994 . Notice to parties. (FE)
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                                                                                            Blank -- Filed: 9/28/1994, Entered: 9/30/1994 Oral Argument
                                                                                            Oral Argument held re: [20-1] cross motion by ROBERT E. PRICE (Transcript due 10/28/94). (FE)
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                                                                                              Blank 25 Filed: 8/5/1994, Entered: 8/11/1994 Reply to Response to Motion
                                                                                              REPLY by ROBERT E. PRICE to response to [20-1] cross motion. Service: 8/5/94 (FE)
                                                                                                LREF
                                                                                                Blank 23 Filed: 8/3/1994, Entered: 8/9/1994 OrderCourt Filing
                                                                                                ORDER granting [22-1] motion to Extend Time to reply to Defendant's opposition to cross-motion for summary judgment and Reply to Response to Motion reset to 8/5/94 for [20-1] cross motion (signed by Chief Judge Loren A. Smith). Copy to parties. (FE)
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                                                                                                  Blank 22 Filed: 7/29/1994, Entered: 8/4/1994, Terminated: 8/3/1994 Terminated:
                                                                                                  MOTION by ROBERT E. PRICE (Service: 7/28/94) to Extend Time to reply to Defendant's opposition to cross-motion for summary judgment [to August 5, 1994]. (FE)
                                                                                                    LREF
                                                                                                    Blank -- Filed: 7/20/1994, Entered: 7/27/1994 Set/Reset Hearings
                                                                                                    Oral Argument re: [20-1] cross motion by ROBERT E. PRICE, set at 2:00 p.m. on 9/28/94 will be held in Courtroom 4. (HW)
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                                                                                                      Blank 21 Filed: 7/15/1994, Entered: 7/26/1994 Terminated:
                                                                                                      RESPONSE by USA to [20-1] cross motion Service: 7/15/94 Reply due: 8/2/94 (FE)
                                                                                                        LREF
                                                                                                        Blank 24 Filed: 6/17/1994, Entered: 8/10/1994 OrderCourt Filing
                                                                                                        ORDER granting [17-1] motion to Extend Time to respond to defendant's motion for summary judgmenti, Response to [14-1] motion for Summary Judgment reset to 4/18/94 and directing Clerk to file Plaintiff's counter-statement of facts (signed by Chief Judge Loren A. Smith). Copy to parties. (FE)
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                                                                                                          Blank 20 Filed: 6/17/1994, Entered: 6/22/1994 Terminated:
                                                                                                          CROSS MOTION by ROBERT E. PRICE (Service: 4/18/94 [sic]) and RESPONSE to [14-1] motion for Summary Judgment by USA Response due: 3/28/94 (FE)
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                                                                                                            Blank 19 Filed: 6/17/1994, Entered: 6/22/1994 Statement of Facts
                                                                                                            COUNTER-STATEMENT OF FACTS filed by ROBERT E. PRICE Service: 4/18/94 [sic]. (FE)
                                                                                                              LREF
                                                                                                              Blank 18 Filed: 5/25/1994, Entered: 6/1/1994 Terminated:
                                                                                                              MOTION by ROBERT E. PRICE (Service: 5/17/94) to supplement record . Response due: 6/17/94. (FE)
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                                                                                                                Blank 17 Filed: 3/17/1994, Entered: 3/22/1994, Terminated: 6/17/1994 Terminated:
                                                                                                                UNOPPOSED MOTION by ROBERT E. PRICE (Service: 3/14/94) to Extend Time to respond to defendant's motion for summary judgment (to April 18, 1994). Response due: 4/4/94 (FE)
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                                                                                                                  Blank 16 Filed: 3/3/1994, Entered: 3/7/1994, Terminated: 1/11/1995 Terminated:
                                                                                                                  MOTION by USA (Service : 3/3/94 ) for Leave to File administrative record . Response due: 3/21/94. (HW)
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                                                                                                                    Blank 15 Filed: 3/1/1994, Entered: 3/4/1994 Statement of FactsCourt Filing
                                                                                                                    STATEMENT OF FACTS filed by USA filed by leave of the Judge. Service: 2/14/94. (HW)
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                                                                                                                      Blank 14 Filed: 2/25/1994, Entered: 3/3/1994 Terminated:
                                                                                                                      MOTION by USA for Summary Judgment . Response due: 3/28/94 (FE)
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                                                                                                                        Blank 13 Filed: 2/25/1994, Entered: 3/3/1994 OrderCourt Filing
                                                                                                                        ORDER entered granting defendant leave to file motion for summary judgment. ( signed by Chief Judge Loren A. Smith ) Copy to parties. (FE)
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                                                                                                                          Blank 12 Filed: 2/25/1994, Entered: 3/3/1994 OrderCourt Filing
                                                                                                                          ORDER denying [11-1] motion for Leave to File administrative record, denying [11-2] motion for Waiver of Duplication; with USA directed to refile its motion with copies required by 3/15/94; setting Motion Filing deadline to 3/15/94 . ( signed by Chief Judge Loren A. Smith ) Copy to parties. (FE)
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                                                                                                                            Blank 11 Filed: 2/8/1994, Entered: 2/9/1994, Terminated: 2/25/1994 Terminated:
                                                                                                                            MOTION by USA (Service: 2/8/94) for Leave to File administrative record , and for Waiver of Duplication (DS)
                                                                                                                              LREF
                                                                                                                              Blank 10 Filed: 1/24/1994, Entered: 1/27/1994 OrderCourt Filing
                                                                                                                              ORDER granting [9-1] motion to Extend Time to respond to the complaint ( signed by Chief Judge Loren A. Smith ). Copy to parties. (HW)
                                                                                                                                LREF
                                                                                                                                Blank 9 Filed: 1/5/1994, Entered: 1/6/1994, Terminated: 1/24/1994 Terminated:
                                                                                                                                MOTION by USA (Service: 1/5/94) to Extend Time to respond to the complaint (to February 11, 1994). Response due: 1/24/94 (DS)
                                                                                                                                  LREF
                                                                                                                                  Blank 8 Filed: 12/15/1993, Entered: 12/16/1993 OrderCourt Filing
                                                                                                                                  ORDER granting [7-1] motion to Extend Time to respond to the complaint rest Answer deadline to 1/7/94 for USA ( signed by Chief Judge Loren A. Smith ). Copy to parties. (DS)
                                                                                                                                    LREF
                                                                                                                                    Blank 7 Filed: 12/10/1993, Entered: 12/13/1993, Terminated: 12/15/1993 Terminated:
                                                                                                                                    MOTION by USA (Service: 12/10/93 ) to Extend Time to respond to the complaint (to January 7, 1994). Response due: 12/27/93 (DS)
                                                                                                                                      LREF
                                                                                                                                      Blank 6 Filed: 12/2/1993, Entered: 12/3/1993 ~Notice (other)
                                                                                                                                      NOTICE of change of address by ROBERT E. PRICE. Service: 11/26/93 (DS)
                                                                                                                                        LREF
                                                                                                                                        Blank 5 Filed: 10/28/1993, Entered: 10/29/1993 OrderCourt Filing
                                                                                                                                        ORDER granting [4-1] motion to Extend Time to respond to the complaint ; resetting Answer deadline to 12/10/93 for USA . ( signed by Chief Judge Loren A. Smith ) Copy to parties. (FE)
                                                                                                                                          LREF
                                                                                                                                          Blank 4 Filed: 10/26/1993, Entered: 10/29/1993, Terminated: 10/28/1993 Terminated:
                                                                                                                                          MOTION by USA (Service : 10/26/93 ) to Extend Time to respond to the complaint (to December 10, 1993). Response due: 11/15/93 (FE)
                                                                                                                                            LREF
                                                                                                                                            Blank 3 Filed: 9/2/1993, Entered: 9/3/1993 Notice of Appearance/
                                                                                                                                            NOTICE of Attorney Appearance for USA by Richard Alan Miller. Service : 9/2/93 (FE)
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                                                                                                                                              Blank 2 Filed: 8/27/1993, Entered: 8/27/1993 Court Filing
                                                                                                                                              Notice of assignment to Chief Judge Loren A. Smith filed. Copy to parties. (AB)
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                                                                                                                                                Blank 1 Filed: 8/27/1993, Entered: 8/27/1993
                                                                                                                                                COMPLAINT FILED. FILING FEE OF $120 PAID. RECEIPT #34851. Answer due on 10/26/93. (AB)
                                                                                                                                                  LREF

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