GRIFFIN v. USA
Federal Civil Lawsuit United States Court of Federal Claims, Case No. 1:94-cv-01031-ECH
District Judge Emily C. Hewitt, presiding

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No Logo JOHN K. GRIFFIN, Plaintiff
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 Agnes Marie Brown +1 202 307 1011
Office COFC
Filed 11/25/1994
Jury Demand
Demand $50000
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 9/30/1999
Origin 4
Reopened 2/29/1996
Lead Case None
Related Case
Other Court Case None
Def Custody Status
Flag CLOSED
  Entries (78) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Blank 62 Filed: 8/4/2000, Entered: 8/15/2000 CAFC Mandate Dismissing
MANDATE (certified copy) dated August 3, 2000, filed NUNC PRO TUNC dismissed [59-1] appeal by JOHN K. GRIFFIN (HW)
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    Blank 61 Filed: 1/6/2000, Entered: 1/6/2000 Court Filing
    ORDER granting [60-1] motion for extension of appeal time nunc pro tunc ( signed by Judge Emily C. Hewitt). Copy to parties. (HW)
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      Blank 60 Filed: 12/29/1999, Entered: 1/5/2000, Terminated: 1/6/2000 Terminated:
      MOTION by JOHN K. GRIFFIN (Service : 12/21/99 ) for extension of appeal time nunc pro tunc. Response due: 1/7/00 (AB)
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        Blank -- Filed: 12/3/1999, Entered: 12/8/1999 CAFC Case Number
        CAFC Case Number Re: [59-1] appeal by JOHN K. GRIFFIN. CAFC NUMBER: 00-5025. (HW)
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          Blank 59 Filed: 11/30/1999, Entered: 11/30/1999, Terminated: 8/4/2000 Notice of AppealCourt Filing
          NOTICE OF APPEAL by JOHN K. GRIFFIN. Copy to Defendant, Judge Emily C. Hewitt and to CAFC. FILING FEE $105.00; RECEIPT # 048689. (HW)
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            Blank 58 Filed: 9/30/1999, Entered: 9/30/1999
            JUDGMENT entered, pursuant to Rule 58, that the complaint is dismissed. Each party shall bear its own costs. (signed by Clerk). Copy to parties. (LD)
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              Blank 57 Filed: 9/30/1999, Entered: 9/30/1999 Court Filing
              UNPUBLISHED DECISION granting defendant's [54-1] motion to Dismiss., denying plaintiff's [44-1] motion for Summary Judgment on the Record, and directing the clerk to dismiss plaintiff's complaint. Each party shall bear its own costs. signed by Judge Emily C. Hewitt ). Copy to parties. (LD)
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                Blank -- Filed: 9/30/1999, Entered: 9/30/1999
                Case closed (LD)
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                  Blank 56 Filed: 2/4/1999, Entered: 2/4/1999 Court Filing
                  Notice of reassignment to Judge Emily C. Hewitt . Copy to parties. (CDC)
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                    Blank 55 Filed: 12/8/1998, Entered: 12/10/1998 OrderCourt Filing
                    ORDER granting [52-1] motion to Extend Time to finalize response . Response to [44-1] motion for Summary Judgment on the Record reset to 12/7/98 ( signed by Sr. Judge Robert J. Yock ). Copy to parties. (FE) Modified on 12/10/1998
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                      Blank 54 Filed: 12/7/1998, Entered: 12/10/1998 Terminated:
                      CROSS MOTION by USA ( Service: 12/7/98 ) and RESPONSE to [44-1] motion for Summary Judgment on the Record by JOHN K. GRIFFIN. Response due: 1/7/99 (JT)
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                        Blank 54 Filed: 12/7/1998, Entered: 12/10/1998 Terminated:
                        MOTION by USA (Service : 12/7/98 ) to Dismiss. Response due: 1/7/99 (JT)
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                          Blank 53 Filed: 12/7/1998, Entered: 12/10/1998 Proposed Additional Facts
                          PROPOSED ADDITIONAL FACTS filed by USA Service: 12/7/98 (JT)
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                            Blank 53 Filed: 12/7/1998, Entered: 12/10/1998 Statement of Facts
                            COUNTER-STATEMENT OF FACTS filed by USA. Service: 12/7/98 (JT)
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                              Blank -- Filed: 12/7/1998, Entered: 12/10/1998 Set/Reset Deadlines:
                              Deadline updated; Plaintiff's response to [54-1] cross motion reset to 1/7/99. (JT)
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                                Blank 52 Filed: 11/24/1998, Entered: 12/2/1998, Terminated: 12/8/1998 Terminated:
                                MOTION by USA (Service : 11/23/98 ) to Extend Time to finalize response , (until December 7, 1998). Response due: 12/10/98. (FE)
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                                  Blank 51 Filed: 10/22/1998, Entered: 10/29/1998 OrderCourt Filing
                                  ORDER granting [50-1] motion to Extend Time to respond to motion for judgement . Response to [44-1] motion for Summary Judgment on the Record reset to 11/30/98 ( signed by Sr. Judge Robert J. Yock ) Copy to parties. (HW)
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                                    Blank 50 Filed: 10/2/1998, Entered: 10/5/1998, Terminated: 10/22/1998 Terminated:
                                    MOTION by USA (Service : 10/2/98 ) to Extend Time to respond to motion for judgement , (until November 30, 1998) out of time. Response due: 10/19/98. (FE)
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                                      Blank 49 Filed: 8/31/1998, Entered: 9/2/1998 OrderCourt Filing
                                      ORDER denying [41-1] motion to Dismiss for Failure to Prosecute . Response to [44-1] motion for Summary Judgment on the Record reset to 9/28/98 ( signed by Sr. Judge Robert J. Yock ). Copy to parties. (HW)
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                                        Blank 48 Filed: 8/25/1998, Entered: 8/25/1998 Court Filing
                                        NOTICE of transcript of taped proceedings filed by leave of the Judge. Service: 8/25/98. (HW)
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                                          Blank 47 Filed: 8/24/1998, Entered: 8/24/1998
                                          REPLY by USA to response to [41-1] motion to Dismiss for Failure to Prosecute. Service: 8/24/98 (JT)
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                                            Blank 46 Filed: 8/14/1998, Entered: 8/17/1998 Terminated:
                                            RESPONSE by JOHN K. GRIFFIN (Service: 8/13/98 ) to [41-1] motion to Dismiss for Failure to Prosecute. Reply due: 8/31/98 (HW)
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                                              Blank 45 Filed: 8/14/1998, Entered: 8/17/1998 Statement of Facts
                                              STATEMENT OF FACTS filed by JOHN K. GRIFFIN. Service: 8/13/98 (JT)
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                                                Blank 44 Filed: 8/14/1998, Entered: 8/17/1998 Terminated:
                                                MOTION by JOHN K. GRIFFIN (Service : 8/13/98 ) for Summary Judgment on the Record. Response due: 9/14/98 (JT)
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                                                  Blank 43 Filed: 8/4/1998, Entered: 8/7/1998 OrderCourt Filing
                                                  ORDER granting [40-1] motion to Extend Time to file motion for judgment on the record. Reset Plaintiff's Motion Filing deadline to 8/7/98 for Motion for Judgment on the Record. In the event that the Plaintiff does not timely file his motion for judgment on the record, the Plaintiff is to file a response to [41-1] motion to Dismiss for Failure by 8/14/98. ( signed by Sr. Judge Robert J. Yock ) Copy to parties. (JT)
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                                                    Blank 41 Filed: 7/14/1998, Entered: 7/20/1998, Terminated: 8/31/1998 Terminated:
                                                    MOTION by USA (Service : 7/14/98 ) to Dismiss for Failure to Prosecute. Response due: 8/13/98 (JT) Modified on 07/20/1998
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                                                      Blank 41 Filed: 7/14/1998, Entered: 7/20/1998, Terminated: 8/31/1998 Terminated:
                                                      RESPONSE by USA (Service: 7/14/98 ) to [40-1] motion to Extend Time to file motion for judgment on the record. Reply due: 7/24/98 (JT)
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                                                        Blank 40 Filed: 7/1/1998, Entered: 7/6/1998, Terminated: 8/4/1998 Terminated:
                                                        MOTION by JOHN K. GRIFFIN (Service : 6/30/98 ) out of time to Extend Time to file motion for judgment on the record [to August 7, 1998]. Response due: 7/17/98 (JT)
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                                                          Blank 39 Filed: 5/20/1998, Entered: 5/26/1998 OrderCourt Filing
                                                          ORDER re: the plaintiff shall file his motion for Judgment on the Record by 6/22/98 or otherwise advise the court as to his intentions ( signed by Judge Robert J. Yock ). Copy to parties. (HW)
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                                                            Blank 38 Filed: 2/23/1998, Entered: 2/25/1998 OrderCourt Filing
                                                            ORDER granting [36-1] motion for Waiver of Duplication for Administrative Record; and directing plaintiff to file a motion for judgment on the Record pursuant to Rule 56.1 by 3/25/98. ( signed by Judge Robert J. Yock ) Copy to parties. (DS)
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                                                              Blank 37 Filed: 2/23/1998, Entered: 2/24/1998 Administrative Record
                                                              Administrative record [pursuant to 1/23/98 order - one volume] filed by USA. Service: 2/23/98. (HW) Modified on 02/25/1998
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                                                                Blank 36 Filed: 2/19/1998, Entered: 2/19/1998, Terminated: 2/23/1998 Motion for Miscellaneous Relief
                                                                MOTION by USA (Service : 2/19/98 ) for Waiver of Duplication for Administrative Record Response due: 3/9/98 (AB)
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                                                                  Blank 35 Filed: 1/23/1998, Entered: 1/30/1998 OrderCourt Filing
                                                                  ORDER set Notice of Compliance deadline to 2/23/98 for defendant to file the administrative record, with a copy to the plaintiff. Within 30 days after the administrative record is filed, the plaintiff is to file a motion for judgment on the record. ( signed by Judge Robert J. Yock ) Copy to parties. (JT)
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                                                                    Blank 34 Filed: 12/15/1997, Entered: 12/23/1997 Status Report
                                                                    STATUS REPORT by JOHN K. GRIFFIN Service: 12/13/97 (CDC)
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                                                                      Blank 33 Filed: 11/3/1997, Entered: 11/13/1997 OrderCourt Filing
                                                                      ORDER Staying proceedings , (until 12/15/97) and directing plaintiff to file a Status Report by 12/15/97 ( signed by Judge Robert J. Yock ) Copy to parties. (HW)
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                                                                        Blank 32 Filed: 7/31/1997, Entered: 8/12/1997 Status Report
                                                                        STATUS REPORT by JOHN K. GRIFFIN Service: 7/28/97 (CDC)
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                                                                          Blank 31 Filed: 7/14/1997, Entered: 7/28/1997 Status Report
                                                                          STATUS REPORT and submitting a copy of the finl report and decision of the Navy physical evaluation board by USA Service: 7/14/97 (CDC)
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                                                                            Blank 30 Filed: 6/2/1997, Entered: 6/11/1997 OrderCourt Filing
                                                                            ORDER granting [29-1] motion to Extend Time to file Final Report and Decision Call decision deadline reset for 7/15/97 ( signed by Judge Robert J. Yock ) Copy to parties. (DS)
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                                                                              Blank 29 Filed: 5/20/1997, Entered: 6/3/1997, Terminated: 6/2/1997 Terminated:
                                                                              MOTION by USA (Service : 5/20/97) to Extend Time to file Final Report and Decision (to July 15, 1997). (FE)
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                                                                                Blank 29 Filed: 5/20/1997, Entered: 6/3/1997, Terminated: 6/2/1997 Status Report
                                                                                STATUS REPORT by USA. Service: 5/20/97 (FE)
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                                                                                  Blank 28 Filed: 11/20/1996, Entered: 1/14/1997 Unpublished DecisionCourt Filing
                                                                                  UNPUBLISHED DECISION denying [18-1] cross motion, denying [8-1] motion for Summary Judgment, and Remanding to the Secretary of the Navy (Agency Decision due 6/2/97). (Status Report due within 30 days of the Secretary's filing of the final report and decision) [opinion not to be published per phone call with Judge's chambers 12/2/96] (signed by Judge Robert J. Yock). Copy to parties. (FE)
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                                                                                    Blank 27 Filed: 7/17/1996, Entered: 7/23/1996 Transcript
                                                                                    TRANSCRIPT of proceedings re: cross motion, 1 volume, at Washington, D.C., for date of July 12, 1996. Notice to parties. (FE)
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                                                                                      Blank -- Filed: 7/12/1996, Entered: 7/22/1996 Oral Argument
                                                                                      Oral Argument re: [18-1] cross motion by JOHN K. GRIFFIN ( 5 day service request - Transcript due 7/17/96 ) (FE)
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                                                                                        Blank 26 Filed: 7/1/1996, Entered: 7/5/1996 Terminated:
                                                                                        (Supplemental) RESPONSE by USA (Service: 7/1/96 ) to [18-1] cross motion. Reply due: 7/15/96. (HW)
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                                                                                          Blank 25 Filed: 6/21/1996, Entered: 6/28/1996 Notice of Change of Address
                                                                                          NOTICE of change of address by Agnes Marie Brown (FE)
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                                                                                            Blank 24 Filed: 6/19/1996, Entered: 6/21/1996, Terminated: 6/19/1996 OrderCourt Filing
                                                                                            ORDER granting [24-1] motion for oral argument oral argument set for 10:00 a.m. on 7/12/96 for [18-1] cross motion, [15-1] motion to Dismiss for Want of Prosecution and [8-1] motion for Summary Judgment (signed by Judge Robert J. Yock). Copy to parties. (FE)
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                                                                                              Blank 26 Filed: 6/14/1996, Entered: 6/18/1996 Reply to Response to Motion
                                                                                              REPLY by JOHN K. GRIFFIN to response to [18-1] cross motion. Service: 6/11/96 (FE)
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                                                                                                Blank 25 Filed: 6/14/1996, Entered: 6/18/1996 Affidavit
                                                                                                AFFIDAVIT of Capt. Andrew S. Markovits by JOHN K. GRIFFIN (FE)
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                                                                                                  Blank 24 Filed: 6/14/1996, Entered: 6/18/1996, Terminated: 6/19/1996 Terminated:
                                                                                                  MOTION by JOHN K. GRIFFIN for oral argument . Response due: 7/1/96 (FE)
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                                                                                                    Blank 23 Filed: 6/14/1996, Entered: 6/18/1996 OrderCourt Filing
                                                                                                    ORDER set Brief [response to affidavit] deadline to 7/1/96 (signed by Judge Robert J. Yock). Copy to parties. (FE)
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                                                                                                      Blank 23 Filed: 6/14/1996, Entered: 6/18/1996 OrderCourt Filing
                                                                                                      ORDER granting [22-1] motion for Leave to File affidavit and reply to response to cross motion out of time, filing the affidavit of Capt. Andrew S. Markovits, M.D. and request for oral argument as separate documents and setting any response to affidavit of Capt. Andrew S. Markovits, M.D. to July 1, 1996 (signed by Judge Robert J. Yock). Copy to parties. (FE)
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                                                                                                        Blank 22 Filed: 6/12/1996, Entered: 6/14/1996 Terminated:
                                                                                                        MOTION by JOHN K. GRIFFIN (Service: 6/11/96) for Leave to File affidavit and reply to response to cross motion out of time . Response due: 6/28/96 (FE)
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                                                                                                          Blank 21 Filed: 5/21/1996, Entered: 5/24/1996 OrderCourt Filing
                                                                                                          ORDER Reply to Response to Motion reset to 6/5/96 for [18-1] cross motion (signed by Judge Robert J. Yock). Copy to parties. (FE)
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                                                                                                            Blank 20 Filed: 4/1/1996, Entered: 4/5/1996 Terminated:
                                                                                                            RESPONSE by USA (Service: 4/1/96) to [18-1] cross motion Reply due: 4/18/96 (FE)
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                                                                                                              Blank 20 Filed: 4/1/1996, Entered: 4/5/1996 Reply to Response to Motion
                                                                                                              REPLY by JOHN K. GRIFFIN to response to [8-1] motion for Summary Judgment. Service: 4/1/96 (FE)
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                                                                                                                Blank 19 Filed: 2/29/1996, Entered: 3/7/1996 OrderCourt Filing
                                                                                                                ORDER vacating [17-1] judgment order and setting Response to [18-1] cross motion to 4/1/96 , with reply due 20 days after date shown on the defendant's certificate of service attached to response ( signed by Judge Robert J. Yock ). Copy to parties. (HW)
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                                                                                                                  Blank 18 Filed: 2/29/1996, Entered: 3/7/1996 Terminated:
                                                                                                                  CROSS MOTION by JOHN K. GRIFFIN ( Service: 2/8/96 ) and RESPONSE to [8-1] motion for Summary Judgment by USA. Response due: 4/27/95. (HW)
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                                                                                                                    Blank -- Filed: 2/29/1996, Entered: 3/7/1996 Case Reopened
                                                                                                                    Case reopened. (HW)
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                                                                                                                      Blank 17 Filed: 2/12/1996, Entered: 2/15/1996 Terminated:
                                                                                                                      JUDGMENT entered pursuant to Rule 58 dismissing complaint without any further Order of the Court (signed by Clerk). Copy to parties. (FE)
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                                                                                                                        Blank -- Filed: 2/12/1996, Entered: 2/15/1996 Terminated Case
                                                                                                                        Case closed. (FE)
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                                                                                                                          Blank 16 Filed: 1/19/1996, Entered: 1/29/1996 OrderCourt Filing
                                                                                                                          ORDER to show cause entered directing plaintiff to show cause or Respond to [8-1] motion for Summary Judgment by 2/8/96 (signed by Judge Robert J. Yock) Copy to parties. (FE)
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                                                                                                                            Blank 15 Filed: 1/16/1996, Entered: 1/24/1996 Terminated:
                                                                                                                            MOTION by USA (Service: 1/12/96) to Dismiss for Want of Prosecution . Response due: 2/12/96 (FE)
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                                                                                                                              Blank 14 Filed: 10/23/1995, Entered: 10/30/1995 OrderCourt Filing
                                                                                                                              ORDER entered directing the plaintiff to either file the plaintiff's response or advise the Court as to his intentions; Response to [8-1] motion for Summary Judgment reset to 11/17/95 ( signed by Judge Robert J. Yock ) Copy to parties. (HW)
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                                                                                                                                Blank 13 Filed: 9/18/1995, Entered: 9/20/1995 OrderCourt Filing
                                                                                                                                ORDER returning Plaintiff's response and cross motion for summary judgment [56.1(b) and directing Clerk to file by leave of Judge once corrected (signed by Judge Robert J. Yock). Copy to parties. (FE)
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                                                                                                                                  Blank 12 Filed: 8/7/1995, Entered: 8/9/1995 OrderCourt Filing
                                                                                                                                  ORDER denying [10-1] motion to Strike [8-1] motion for Summary Judgment by USA Response to [8-1] motion for Summary Judgment reset to 9/8/95 ( signed by Judge Robert J. Yock ). Copy to parties. (FE)
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                                                                                                                                    Blank 11 Filed: 7/13/1995, Entered: 7/17/1995 Terminated:
                                                                                                                                    RESPONSE by USA (Service: 7/13/95 ) to [10-1] motion to Strike [8-1] motion for Summary Judgment by USA. Reply due: 7/24/95 (FE)
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                                                                                                                                      Blank 10 Filed: 7/3/1995, Entered: 7/7/1995, Terminated: 8/7/1995 Terminated:
                                                                                                                                      MOTION by JOHN K. GRIFFIN (Service: 6/30/95) to Strike [8-1] motion for Summary Judgment by USA . Response due: 7/17/95 (FE)
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                                                                                                                                        Blank -- Filed: 7/3/1995, Entered: 7/7/1995 Set/Reset Deadlines:
                                                                                                                                        Deadline updated; Response to [10-1] motion to Strike [8-1] motion for Summary Judgment by USA reset to 7/17/95 (FE)
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                                                                                                                                          Blank 9 Filed: 5/31/1995, Entered: 6/6/1995 OrderCourt Filing
                                                                                                                                          ORDER entered directing plaintiff to file either a status report or a Response to [8-1] motion for Summary Judgment reset to 6/30/95 ( signed by Judge Robert J. Yock ) Copy to parties. (FE)
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                                                                                                                                            Blank 8 Filed: 3/27/1995, Entered: 3/30/1995 Terminated:
                                                                                                                                            MOTION by USA (Service : 3/27/95) for Summary Judgment . Response due: 4/27/95 (FE)
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                                                                                                                                              Blank 7 Filed: 3/27/1995, Entered: 3/30/1995 Statement of Facts
                                                                                                                                              STATEMENT OF FACTS filed by USA. Service: 3/27/95 (FE)
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                                                                                                                                                Blank 6 Filed: 2/2/1995, Entered: 2/7/1995 Notice of Appearance/
                                                                                                                                                NOTICE of Attorney Appearance for USA by Agnes Marie Brown. Service : 2/2/95 (FE)
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                                                                                                                                                  Blank 5 Filed: 1/23/1995, Entered: 1/25/1995 OrderCourt Filing
                                                                                                                                                  ORDER granting [4-1] motion to Extend Time to respond to complaint and reset Answer deadline to 3/27/95 (signed by Judge Robert J. Yock). Copy to parties. (FE)
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                                                                                                                                                    Blank 4 Filed: 1/18/1995, Entered: 1/23/1995, Terminated: 1/23/1995 Terminated:
                                                                                                                                                    MOTION by USA (Service: 1/18/95) to Extend Time to respond to complaint [to March 27, 1995]. (FE)
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                                                                                                                                                      Blank 3 Filed: 12/7/1994, Entered: 12/8/1994 Notice of Appearance/
                                                                                                                                                      NOTICE of Attorney Appearance for USA by Gerald Mark Alexander Service : 12/7/94 (HW)
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                                                                                                                                                        Blank 2 Filed: 12/2/1994, Entered: 12/5/1994 Case Assigned/ReassignedCourt Filing
                                                                                                                                                        Notice of assignment to Judge Robert J. Yock. Copy to parties. (FE)
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                                                                                                                                                          Blank 1 Filed: 11/25/1994, Entered: 12/2/1994 Complaint
                                                                                                                                                          COMPLAINT, FILING FEE $120, RECEIPT #38095, Answer due on 1/24/95. (FE)
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                                                                                                                                                            Blank -- Filed: 11/25/1994, Entered: 12/2/1994 Case Assigned/Reassigned
                                                                                                                                                            CASE assigned to Judge Unassigned. (FE)
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