BRUNO v. USA
Federal Civil Lawsuit United States Court of Federal Claims, Case No. 1:94-cv-00571-EJD
District Judge Edward J. Damich, presiding

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No Logo ANTHONY M. BRUNO, Plaintiff

Toggle Switch Represented by SWICK & SHAPIRO, PC

Name Phone Fax E-Mail
Space Richard L. Swick +1 202 842 0300 +1 202 842 1418 rlswick@swickandshapiro.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 Donald Evan Kinner +1 202 616 0392 Donald.Kinner@usdoj.gov
Office COFC
Filed 8/30/1994
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 Preliminary Injunction
County
Terminated 3/31/1999
Origin 1
Reopened None
Lead Case None
Related Case
Other Court Case None
Def Custody Status
Flag CLOSED
  Entries (59) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Blank 54 Filed: 3/31/1999, Entered: 3/31/1999
JUDGMENT entered, pursuant to Rule 58, that the complaint is dismissed. (signed by Clerk). Copy to parties. (LD)
    LREF
    Blank 53 Filed: 3/31/1999, Entered: 3/31/1999 Court Filing
    UNPUBLISHED DECISION that the Board did not abuse its discretion in refusing to waive the statute of limitation obviates the need to discuss the other issues raised by the parties. The Defendant's [34-1] motion to Judgment based on the administrative record is granted. ( signed by Judge Edward J. Damich ). Copy to parties. (LD)
      LREF
      Blank -- Filed: 3/31/1999, Entered: 3/31/1999
      Case closed (LD)
        LREF
        Blank 52 Filed: 3/9/1999, Entered: 3/12/1999 OrderCourt Filing
        ORDER vacating [51-2] order ( signed by Judge Edward J. Damich ). Copy to parties. (FE)
          LREF
          Blank 51 Filed: 3/3/1999, Entered: 3/8/1999 OrderCourt Filing
          ORDER set Defendant's status report deadline to 3/12/99. ( signed by Judge Edward J. Damich ) Copy to parties. (JT)
            LREF
            Blank 50 Filed: 2/4/1999, Entered: 2/4/1999 Court Filing
            Notice of reassignment to Judge Edward J. Damich . Copy to parties. (CDC)
              LREF
              Blank 48 Filed: 6/17/1998, Entered: 6/17/1998
              REPLY by USA to response to [34-1] motion to Dismiss for Lack of Jurisdiction. Service: 6/17/98 (AB)
                LREF
                Blank 49 Filed: 6/15/1998, Entered: 6/18/1998 OrderCourt Filing
                ORDER granting [47-1] motion to Extend Time to respond to Opposition to Motion to Dismiss. Reply to Response to Motion reset to 6/17/98 for [34-1] motion to Dismiss for Lack of Jurisdiction. ( signed by Senior Judge Kenneth R. Harkins ) Copy to parties. (JT)
                  LREF
                  Blank 47 Filed: 6/12/1998, Entered: 6/15/1998, Terminated: 6/15/1998 Terminated:
                  MOTION by USA (Service: 6/12/98) to Extend Time to respond to Opposition to Motion to Dismiss until 6/17/98. Response due: 6/29/98. (FE)
                    LREF
                    Blank 46 Filed: 5/29/1998, Entered: 6/1/1998 Terminated:
                    RESPONSE by ANTHONY M. BRUNO (Service: 5/27/98 ) to [34-1] motions to Dismiss for Lack of Jurisdiction and for judgment upon the record with separately bound appendix. Reply due: 6/15/98 (CDC) Modified on 06/15/1998
                      LREF
                      Blank 45 Filed: 5/29/1998, Entered: 6/1/1998 Statement of Facts
                      COUNTER STATEMENT OF FACTS filed by ANTHONY M. BRUNO Service: 5/27/98 (CDC)
                        LREF
                        Blank 44 Filed: 5/29/1998, Entered: 6/1/1998 OrderCourt Filing
                        ORDER granting [43-1] motion for Leave to file response to motion to dismiss and for summary judgment out of time. ( Signed by Senior Judge Kenneth R. Harkins. ) Copy to parties. (CDC)
                          LREF
                          Blank 43 Filed: 5/28/1998, Entered: 5/29/1998, Terminated: 5/29/1998 Terminated:
                          MOTION by ANTHONY M. BRUNO (Service : 5/27/98 ) for Leave to file response to motion to dismiss and for summary judgment out of time . Response due: 6/15/98 (AB)
                            LREF
                            Blank 42 Filed: 5/12/1998, Entered: 5/18/1998 OrderCourt Filing
                            ORDER mooting [41-1] motion to Extend Time to respond to motion to dismiss. The Clerk is directed to return the documents, unfiled, to plaintiff for correction ( signed by Senior Judge Kenneth R. Harkins ). Copy to parties. (HW)
                              LREF
                              Blank 41 Filed: 5/8/1998, Entered: 5/13/1998 Terminated:
                              MOTION by ANTHONY M. BRUNO (Service : 5/8/98 ) to Extend Time to respond to motion to dismiss [to May 11, 1998]. Response due: 5/26/98 (JT)
                                LREF
                                Blank 40 Filed: 4/20/1998, Entered: 4/23/1998 OrderCourt Filing
                                ORDER granting [39-1] motion to Extend Time to respond to Motion to Dismiss Response to [34-1] motion to Dismiss for Lack of Jurisdiction reset to 5/8/98 ( signed by Senior Judge Kenneth R. Harkins ). Copy to parties. (HW)
                                  LREF
                                  Blank 39 Filed: 4/9/1998, Entered: 4/10/1998, Terminated: 4/20/1998 Terminated:
                                  MOTION by ANTHONY M. BRUNO (Service : 4/8/98 ) to Extend Time to respond to Motion to Dismiss [to May 8, 1998]. Response due: 4/27/98 (JT)
                                    LREF
                                    Blank 38 Filed: 3/11/1998, Entered: 3/12/1998 Administrative Record
                                    Administrative record filed by USA Service: 3/10/98 (CDC)
                                      LREF
                                      Blank 37 Filed: 3/11/1998, Entered: 3/12/1998 OrderCourt Filing
                                      ORDER granting [36-1] motion for Leave to File Administrative Record and for Waiver of Copying Requirements. ( signed by Senior Judge Kenneth R. Harkins ) Copy to parties. (CDC)
                                        LREF
                                        Blank 36 Filed: 3/10/1998, Entered: 3/11/1998, Terminated: 3/11/1998 Terminated:
                                        MOTION by USA (Service : 3/10/98 ) for Leave to File Administrative Record and for Waiver of Copying Requirements. Response due: 3/27/98 (JT)
                                          LREF
                                          Blank 35 Filed: 3/9/1998, Entered: 3/10/1998 Statement of Facts
                                          STATEMENT OF FACTS filed by USA. Service: 3/9/98 (JT)
                                            LREF
                                            Blank 34 Filed: 3/9/1998, Entered: 3/10/1998 Terminated:
                                            MOTION by USA (Service : 3/9/98 ) to Dismiss for Lack of Jurisdiction. Response due: 4/9/98 (JT) Modified on 06/15/1998
                                              LREF
                                              Blank 33 Filed: 1/26/1998, Entered: 2/2/1998 OrderCourt Filing
                                              ORDER granting [32-1] motion to Extend Time until March 9, 1998, within which to respond to amended complaint reset Answer deadline to 3/9/98 ( signed by Senior Judge Kenneth R. Harkins ) Copy to parties. (DS)
                                                LREF
                                                Blank 32 Filed: 1/23/1998, Entered: 1/29/1998, Terminated: 1/26/1998 Terminated:
                                                MOTION by USA (Service : 1/23/98 ) to Extend Time until March 9, 1998, within which to respond to amended complaint . Response due: 2/9/98. (HW)
                                                  LREF
                                                  Blank 31 Filed: 12/16/1997, Entered: 1/7/1998 OrderCourt Filing
                                                  ORDER lifting stay as of September 29, 1997; granting in part, denying in part [30-1] motion out of time to Extend Time in which to respond to the amended complaint reset Answer deadline to 1/23/98 ( signed by Senior Judge Kenneth R. Harkins ) Copy to parties. (DS)
                                                    LREF
                                                    Blank 30 Filed: 12/12/1997, Entered: 12/23/1997, Terminated: 12/16/1997 Terminated:
                                                    MOTION by USA (Service : 12/12/97 ) out of time to Extend Time in which to respond to the amended complaint [to January 26, 1998] Response due: 12/29/97 (JT) Modified on 12/29/1997
                                                      LREF
                                                      Blank 29 Filed: 9/29/1997, Entered: 9/30/1997 Amended Complaint
                                                      AMENDED COMPLAINT by ANTHONY M. BRUNO (Answer due 10/14/97 ) amending [1-1] complaint Service: 9/29/97 (CDC)
                                                        LREF
                                                        Blank 28 Filed: 8/7/1997, Entered: 8/12/1997 OrderCourt Filing
                                                        ORDER granting [27-1] motion for Leave to File status report ( signed by Senior Judge Kenneth R. Harkins ) Copy to parties. (CDC)
                                                          LREF
                                                          Blank 27 Filed: 8/6/1997, Entered: 8/12/1997, Terminated: 8/7/1997 Terminated:
                                                          MOTION by ANTHONY M. BRUNO (Service : 8/6/97 ) for Leave to File status report Response due: 8/25/97 (CDC)
                                                            LREF
                                                            Blank 26 Filed: 3/28/1997, Entered: 4/9/1997 OrderCourt Filing
                                                            ORDER granting [25-1] motion for Leave to file status report ( signed by Senior Judge Kenneth R. Harkins ) Copy to parties. (HW)
                                                              LREF
                                                              Blank 25 Filed: 3/21/1997, Entered: 3/28/1997, Terminated: 3/28/1997 Terminated:
                                                              MOTION by ANTHONY M. BRUNO (Service : 3/20/97 ) for Leave to file status report . (FE)
                                                                LREF
                                                                Blank 24 Filed: 12/20/1996, Entered: 12/24/1996 OrderCourt Filing
                                                                ORDER granting [23-1] motion for Leave to File status report (signed by Senior Judge Kenneth R. Harkins). Copy to parties. (FE)
                                                                  LREF
                                                                  Blank 23 Filed: 12/16/1996, Entered: 12/19/1996, Terminated: 12/20/1996 Terminated:
                                                                  MOTION by ANTHONY M. BRUNO (Service : 12/15/96 ) for Leave to File status report . (HW)
                                                                    LREF
                                                                    Blank 22 Filed: 8/8/1996, Entered: 8/13/1996 OrderCourt Filing
                                                                    ORDER granting [21-1] motion for Leave to File status report (signed by Senior Judge Kenneth R. Harkins). Copy to parties. (FE)
                                                                      LREF
                                                                      Blank 21 Filed: 8/7/1996, Entered: 8/13/1996, Terminated: 8/8/1996 Terminated:
                                                                      MOTION by ANTHONY M. BRUNO (Service : 8/7/96 ) for Leave to File status report . Response due: 8/5/96. (HW)
                                                                        LREF
                                                                        Blank 20 Filed: 6/20/1996, Entered: 6/21/1996 Notice of Change of Address
                                                                        NOTICE of change of address by Donald Evan Kinner (FE)
                                                                          LREF
                                                                          Blank -- Filed: 4/25/1996, Entered: 4/25/1996
                                                                          Deadline updated; set Status Report deadline to 5/28/96 (90 days) (DS)
                                                                            LREF
                                                                            Blank 19 Filed: 4/23/1996, Entered: 4/29/1996 Status Report
                                                                            STATUS REPORT by ANTHONY M. BRUNO. Service: 4/23/96 (FE)
                                                                              LREF
                                                                              Blank -- Filed: 4/23/1996, Entered: 4/29/1996 Set/Reset Deadlines:
                                                                              Deadline updated; set Status Report deadline to 7/22/96 [90 days]. (FE)
                                                                                LREF
                                                                                Blank 18 Filed: 2/28/1996, Entered: 3/5/1996 OrderCourt Filing
                                                                                ORDER granting [17-1] motion for Leave to File status report ( signed by Senior Judge Kenneth R. Harkins ). Copy to parties. (FE)
                                                                                  LREF
                                                                                  Blank 17 Filed: 2/23/1996, Entered: 3/1/1996, Terminated: 2/28/1996 Terminated:
                                                                                  MOTION by ANTHONY M. BRUNO (Service : 2/23/96 ) for Leave to File status report . Response due: 3/11/96 (HW)
                                                                                    LREF
                                                                                    Blank 16 Filed: 10/23/1995, Entered: 10/30/1995 Status Report
                                                                                    STATUS REPORT by ANTHONY M. BRUNO. Service: 10/23/95. (HW)
                                                                                      LREF
                                                                                      Blank -- Filed: 10/23/1995, Entered: 10/30/1995 Set/Reset Deadlines:
                                                                                      Deadline updated; (90 days) set Status Report deadline to 1/22/96 . (HW)
                                                                                        LREF
                                                                                        Blank 15 Filed: 7/25/1995, Entered: 7/26/1995 Status Report
                                                                                        STATUS REPORT by ANTHONY M. BRUNO. Service: 7/24/95 (HW)
                                                                                          LREF
                                                                                          Blank -- Filed: 7/25/1995, Entered: 7/26/1995 Set/Reset Deadlines:
                                                                                          Deadline updated; set Status Report (90 days) deadline to 10/23/95 (HW)
                                                                                            LREF
                                                                                            Blank 14 Filed: 6/12/1995, Entered: 6/12/1995 Court Filing
                                                                                            STATUS REPORT [i.e. notice of filing of application for correction of military records with Board for Correction of Public Health Service Commissioned Corps Records] by ANTHONY M. BRUNO by leave of Judge. Service: 6/9/95 (FE)
                                                                                              LREF
                                                                                              Blank 13 Filed: 4/25/1995, Entered: 5/2/1995 Order
                                                                                              ORDER granting [12-1] motion to Stay proceedings. On or before 30 days from date of this order, plaintiff is directed to file a notice that an application for correction of military records, etc. has been filed, with additional status of proceedings of BCMR at 90 day intervals ; set Status Report deadline to 5/25/95 ( signed by Senior Kenneth R. Harkins ) Copy to parties. (HW)
                                                                                                LREF
                                                                                                Blank 12 Filed: 4/24/1995, Entered: 4/26/1995, Terminated: 4/25/1995 Terminated:
                                                                                                MOTION by ANTHONY M. BRUNO (Service : 4/21/95) to Stay proceedings . (FE)
                                                                                                  LREF
                                                                                                  Blank 11 Filed: 4/17/1995, Entered: 4/19/1995 OrderCourt Filing
                                                                                                  ORDER entered granting [10-1] motion to Extend Time within which to respond to complaint reset Answer deadline to 4/28/95 (signed by Senior Judge Kenneth R. Harkins ) Copy to parties. (FE)
                                                                                                    LREF
                                                                                                    Blank 10 Filed: 4/14/1995, Entered: 4/18/1995, Terminated: 4/17/1995 Terminated:
                                                                                                    MOTION by USA (Service : 4/14/95 ) to Extend Time within which to respond to complaint , (until April 28, 1995). Response due: 5/1/95. (HW)
                                                                                                      LREF
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                                                                                                      Blank 9 Filed: 2/10/1995, Entered: 2/14/1995 OrderCourt Filing
                                                                                                      ORDER granting [8-1] motion to Extend Time to respond to complaint and reset Answer deadline to 4/14/95 (signed by Senior Judge Kenneth R. Harkins). Copy to parties. (FE)
                                                                                                        LREF
                                                                                                        Blank 8 Filed: 2/9/1995, Entered: 2/13/1995, Terminated: 2/10/1995 Terminated:
                                                                                                        MOTION by USA (Service : 2/9/95) to Extend Time to respond to complaint (to April 14, 1995). (FE)
                                                                                                          LREF
                                                                                                          Blank 7 Filed: 1/11/1995, Entered: 1/11/1995 Court Filing
                                                                                                          ORDER granting [6-1] motion to Extend Time to respond to complaint and reset Answer deadline to 2/13/95 (signed by Senior Judge Kenneth R. Harkins). Copy to parties. (FE)
                                                                                                            LREF
                                                                                                            Blank 6 Filed: 1/6/1995, Entered: 1/10/1995, Terminated: 1/11/1995 Terminated:
                                                                                                            MOTION by USA (Service: 1/6/95) to Extend Time to respond to complaint [to February 13, 1995] out of time. Response due: 1/23/95 (FE)
                                                                                                              LREF
                                                                                                              Blank 5 Filed: 11/3/1994, Entered: 11/15/1994 OrderCourt Filing
                                                                                                              ORDER granting [4-1] motion to Extend Time within which to respond to complaint reset Answer deadline to 12/15/94 ( signed by Senior Judge Kenneth R. Harkins ) Copy to parties. (FE)
                                                                                                                LREF
                                                                                                                Blank 4 Filed: 10/31/1994, Entered: 11/13/1994, Terminated: 11/3/1994 Terminated:
                                                                                                                MOTION by USA (Service: 10/31/94 ) to Extend Time within which to respond to complaint , (until December 15, 1994). Response due: 11/17/94. (HW)
                                                                                                                  LREF
                                                                                                                  Blank 3 Filed: 9/14/1994, Entered: 9/20/1994 Notice of Appearance/
                                                                                                                  NOTICE of Attorney Appearance for USA by Donald Evan Kinner Service: 9/14/94 (FE)
                                                                                                                    LREF
                                                                                                                    Blank 2 Filed: 8/30/1994, Entered: 8/31/1994 Case Assigned/ReassignedCourt Filing
                                                                                                                    Notice of assignment to Senior Judge Kenneth R. Harkins. Copy to parties. (FE)
                                                                                                                      LREF
                                                                                                                      Blank 1 Filed: 8/30/1994, Entered: 8/31/1994 Complaint
                                                                                                                      COMPLAINT. FILING FEE $ 120. RECEIPT # 37505. Answer due on 10/31/94. (FE)
                                                                                                                        LREF

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