HERNANDEZ v. USA
Federal Civil Lawsuit United States Court of Federal Claims, Case No. 1:95-cv-00708-MRT
District Judge Moody R. Tidwell, III, presiding

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

No Logo DAMACIO HERNANDEZ, Plaintiff

Toggle Switch Represented by Unknown Firm

Name Phone Fax E-Mail
Space David Lewis Ganezer +1 310 260 2850
v.
United States of America United States of America, Defendant
Officially listed as "USA"

Toggle Switch Represented by Unknown Firm

Name Phone Fax E-Mail
Space Emmanuel Michael Chiaparas
Office COFC
Filed 10/26/1995
Jury Demand
Demand $250000
Nature of Suit 346 - Military Pay - Correct/Reinstate
Cause Section 28 U.S.C. § 1491 Tucker Act
Jurisdiction U.S. Government Defendant
Disposition Preliminary Injunction
County
Terminated 8/22/1997
Origin 1
Reopened None
Lead Case None
Related Case
Other Court Case None
Def Custody Status
Flag CLOSED
  Entries (42) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
Save 25% on a pre-paid one year subscription.
Blank 41 Filed: 8/22/1997, Entered: 8/22/1997
JUDGMENT entered pursuant to Rule 58 dismissing the complaint for lack of jurisdiction (signed by Clerk). Copy to parties. (FE)
    LREF
    Blank -- Filed: 8/22/1997, Entered: 8/22/1997
    Case closed (FE)
      LREF
      Blank 40 Filed: 7/30/1997, Entered: 8/22/1997 Published DecisionCourt Filing
      PUBLISHED DECISION granting defendant's [16-1] motion to Dismiss for lack of subject matter jurisdiction under RCFC 12(b)(1) and (4) signed by Judge Moody R. Tidwell, II). Copy to parties. (FE)
        LREF
        Blank 39 Filed: 7/3/1997, Entered: 7/23/1997 Terminated: Court Filing
        MOTION by DAMACIO HERNANDEZ (Service : 6/26/97 ) for Leave to File request for Judicial Notice , by leave of the Judge. Response due: 7/14/97 (HW)
          LREF
          Blank 38 Filed: 5/13/1997, Entered: 5/27/1997 Terminated: Court Filing
          RESPONSE by USA (Service: 4/29/97) to [36-1] motion for judicial notice. Filec by leave of the Judge. Reply due: 5/12/97 (FE)
            LREF
            Blank 37 Filed: 5/13/1997, Entered: 5/27/1997 OrderCourt Filing
            ORDER defendant's response to plaintiff's request for judicial notice, etc., received 4/30/97, are filed by leave of the judge ( signed by Judge Moody R. Tidwell, III ). Copy to parties. (FE)
              LREF
              Blank 36 Filed: 4/14/1997, Entered: 4/30/1997 Terminated:
              MOTION by DAMACIO HERNANDEZ (Service : 4/7/97 ) for judicial notice . Response due: 4/24/97 (HW)
                LREF
                Blank 35 Filed: 4/7/1997, Entered: 4/16/1997 Notice of Appearance/
                NOTICE of Attorney Appearance for USA by Emmanuel Michael Chiaparas. Service : 4/7/97 (AB)
                  LREF
                  Blank 34 Filed: 4/1/1997, Entered: 4/9/1997 OrderCourt Filing
                  ORDER returning plaintiff's affidavit of genuine issues, etc. for corrections [Rules 5(e), 83 and not provisions] and filing by leave of Judge once corrected with time to respond to run from the date of re-service (signed by Judge Moody R. Tidwell, III). Copy to parties. (FE)
                    LREF
                    Blank 33 Filed: 1/21/1997, Entered: 1/24/1997 Reply to Response to Motion
                    REPLY by USA to response to [16-1] motion to Dismiss, [16-2] motion for Summary Judgment upon the administrative record. Service: 1/21/97 (FE)
                      LREF
                      Blank 32 Filed: 12/17/1996, Entered: 12/19/1996 Memorandum
                      MEMORANDUM by USA re: supplement to [30-1] motion to Extend Time to reply to response to motion to dismiss and for judgment on the administrative record by USA. Service: 12/17/96 (FE)
                        LREF
                        Blank 31 Filed: 12/16/1996, Entered: 12/18/1996 OrderCourt Filing
                        ORDER granting [30-1] motion to Extend Time to reply to response to motion to dismiss and for judgment on the administrative record, Reply to Response to Motion reset to 1/21/97 for [16-1] motion to Dismiss and reset to 1/21/97 for [16-2] motion for Summary Judgment upon the administrative record (signed by Judge Moody R. Tidwell, III). Copy to parties. (FE)
                          LREF
                          Blank 30 Filed: 12/12/1996, Entered: 12/16/1996, Terminated: 12/16/1996 Terminated:
                          MOTION by USA (Service: 12/12/96) to Extend Time to reply to response to motion to dismiss and for judgment on the administrative record . Response due: 12/30/96 (FE)
                            LREF
                            Blank 29 Filed: 11/12/1996, Entered: 11/14/1996 OrderCourt Filing
                            ORDER granting [28-1] motion to Extend Time to reply to response to motion to dismiss Reply to Response to Motion reset to 12/17/96 for [16-1] motion to Dismiss, reset to 12/17/96 for [16-2] motion for Summary Judgment upon the administrative record. ( signed by Judge Moody R. Tidwell, III ). Copy to parties. (FE)
                              LREF
                              Blank 28 Filed: 11/4/1996, Entered: 11/7/1996, Terminated: 11/12/1996 Terminated:
                              MOTION by USA (Service: 11/4/96) to Extend Time to reply to response to motion to dismiss until 12/17/96. Response due: 11/21/96 (FE)
                                LREF
                                Blank 27 Filed: 10/23/1996, Entered: 10/28/1996 Statement of Genuine IssuesCourt Filing
                                STATEMENT OF GENUINE ISSUES by DAMACIO HERNANDEZ. Filed by leave of the Judge. Service: 10/21/96 (FE)
                                  LREF
                                  Blank 26 Filed: 10/23/1996, Entered: 10/28/1996 Terminated: Court Filing
                                  RESPONSE by DAMACIO HERNANDEZ (Service: 10/21/96 ) to [16-1] motion to Dismiss, [16-2] motion for Summary Judgment upon the administrative record. Filed by leave o the Judge. Reply due: 11/7/96 (FE)
                                    LREF
                                    Blank 25 Filed: 9/3/1996, Entered: 9/5/1996 OrderCourt Filing
                                    ORDER granting [24-1] motion to Extend Time to respond to motion to dismiss and for judgment on the administrative record, Response to [16-1] motion to Dismiss reset to 9/11/96 and [16-2] motion for Summary Judgment upon the administrative record reset to 9/11/96 (signed by Judge Moody R. Tidwell, III). Copy to parties. (FE)
                                      LREF
                                      Blank 24 Filed: 8/29/1996, Entered: 9/4/1996, Terminated: 9/3/1996 Terminated:
                                      MOTION by DAMACIO HERNANDEZ (Service: 8/28/96) to Extend Time to respond to motion to dismiss and for judgment on the administrative record [additional 13 days]. (FE)
                                        LREF
                                        Blank 23 Filed: 7/17/1996, Entered: 7/19/1996 OrderCourt Filing
                                        ORDER granting [22-1] motion to Extend Time to respond to Motion to Dismiss, Response to [16-1] motion to Dismiss reset to 8/29/96 and [16-2] motion for Summary Judgment upon the administrative record reset to 8/29/96 (signed by Judge Moody R. Tidwell, III). Copy to parties. (FE)
                                          LREF
                                          Blank 22 Filed: 7/12/1996, Entered: 7/17/1996, Terminated: 7/17/1996 Terminated:
                                          MOTION by DAMACIO HERNANDEZ (Service: 7/11/96) to Extend Time to respond to Motion to Dismiss requests an additional 45 days. Response due: 7/29/96 (FE)
                                            LREF
                                            Blank 21 Filed: 6/20/1996, Entered: 6/21/1996 Notice of Change of Address
                                            NOTICE of change of address by Matthew Steven Bode (FE)
                                              LREF
                                              Blank 20 Filed: 5/23/1996, Entered: 5/29/1996 OrderCourt Filing
                                              ORDER granting [19-1] motion to Extend Time within which to respond to motion to dismiss and summary judgment on administrative record, Response to [16-1] motion to Dismiss reset to 7/15/9 and [16-2] motion for Summary Judgment upon the administrative record reset to 7/15/96 (signed by Judge Moody R. Tidwell, III). Copy to parties. (FE)
                                                LREF
                                                Blank 19 Filed: 5/20/1996, Entered: 5/22/1996, Terminated: 5/23/1996 Terminated:
                                                MOTION by DAMACIO HERNANDEZ (Service : 5/17/96 ) to Extend Time within which to respond to motion to dismiss and summary judgment on administrative record , ( an additional 45 days). Response due: 6/3/96 (HW)
                                                  LREF
                                                  Blank 18 Filed: 5/20/1996, Entered: 5/22/1996 Terminated:
                                                  MOTION by DAMACIO HERNANDEZ (Service : 5/17/96 ) for Oral Argument re: motion to dismiss and for summary judgment. Response due: 6/3/96 (HW)
                                                    LREF
                                                    Blank 17 Filed: 5/2/1996, Entered: 5/6/1996 Terminated:
                                                    MOTION by USA (Service : 5/2/96 ) for Leave to waive copying requirements . Response due: 5/20/96. (HW)
                                                      LREF
                                                      Blank 16 Filed: 5/2/1996, Entered: 5/6/1996 Terminated:
                                                      MOTION by USA (Service : 5/2/96 ) to Dismiss , and for Summary Judgment upon the administrative record. Response due: 6/3/96. (HW)
                                                        LREF
                                                        Blank 15 Filed: 5/2/1996, Entered: 5/6/1996 Statement of Facts
                                                        STATEMENT OF FACTS filed by USA. Service: 5/2/96. (HW)
                                                          LREF
                                                          Blank 14 Filed: 3/18/1996, Entered: 3/22/1996 Answer
                                                          ANSWER to Complaint by USA. Service: 3/18/96 ( JPSR due 5/6/96 ) (FE)
                                                            LREF
                                                            Blank 13 Filed: 3/6/1996, Entered: 3/11/1996 OrderCourt Filing
                                                            ORDER to clarify defendant's motion for an enlargement of time, filed February 1, 1996, is ALLOWED ( signed by Judge Moody R. Tidwell III ). Copy to parties. (FE)
                                                              LREF
                                                              Blank 12 Filed: 2/27/1996, Entered: 3/4/1996 OrderCourt Filing
                                                              ORDER granting [7-1] motion to Extend Time to respond to complaint (signed by Judge Moody R. Tidwell III). Copy to parties. (FE)
                                                                LREF
                                                                Blank 11 Filed: 2/21/1996, Entered: 2/28/1996 OrderCourt Filing
                                                                ORDER denying [7-1] motion to Extend Time to respond to complaint (signed by Judge Moody R. Tidwell III). Copy to parties. (FE)
                                                                  LREF
                                                                  Blank 10 Filed: 2/20/1996, Entered: 2/27/1996 Reply to Response to Motion
                                                                  REPLY by USA to response to [7-1] motion to Extend Time to respond to complaint . Service: 2/20/96 (DS)
                                                                    LREF
                                                                    Blank 9 Filed: 2/12/1996, Entered: 2/15/1996 Terminated:
                                                                    RESPONSE by DAMACIO HERNANDEZ (Service: 2/9/96 ) to [7-1] motion to Extend Time to respond to complaint. Reply due: 2/26/96 (FE)
                                                                      LREF
                                                                      Blank 8 Filed: 2/5/1996, Entered: 2/8/1996 Additional Documentation
                                                                      Additional Documentation [supplement to motion for enlargement of time] by USA. Service: 2/5/96 (FE)
                                                                        LREF
                                                                        Blank 7 Filed: 2/1/1996, Entered: 2/7/1996, Terminated: 2/21/1996 Terminated:
                                                                        MOTION by USA (Service : 2/1/96) to Extend Time to respond to complaint until 3/18/96. Response due: 2/20/96 (FE)
                                                                          LREF
                                                                          Blank 6 Filed: 1/16/1996, Entered: 1/23/1996 OrderCourt Filing
                                                                          ORDER granting [5-1] motion to Extend Time to respond to complaint and reset Answer deadline to 2/6/96 (signed by Judge Moody R. Tidwell III). Copy to parties. (FE)
                                                                            LREF
                                                                            Blank 5 Filed: 12/18/1995, Entered: 12/27/1995, Terminated: 1/16/1996 Terminated:
                                                                            MOTION by USA (Service: 12/18/95) to Extend Time to respond to complaint [to February 6, 1996]. Response due: 1/4/96 (FE)
                                                                              LREF
                                                                              Blank 4 Filed: 11/21/1995, Entered: 11/29/1995 Notice of Appearance/
                                                                              NOTICE of Attorney Appearance for USA by Matthew Steven Bode Service : 11/21/95 (HW)
                                                                                LREF
                                                                                Blank 3 Filed: 11/1/1995, Entered: 11/7/1995 OrderCourt Filing
                                                                                ORDER informing parties of two rules that will apply to litigation of this suit in addition to Rules of U.S. Court of Federal Claims (signed by Judge Moody R. Tidwell III). Copy to parties. (FE)
                                                                                  LREF
                                                                                  Blank 2 Filed: 10/26/1995, Entered: 11/1/1995 Case Assigned/ReassignedCourt Filing
                                                                                  Notice of assignment to Judge Moody R. Tidwell III. Copy to parties. (FE)
                                                                                    LREF
                                                                                    Blank 1 Filed: 10/26/1995, Entered: 11/1/1995 Complaint
                                                                                    COMPLAINT, FILING FEE $120, RECEIPT #040349. Answer due on 12/26/95. (FE)
                                                                                      LREF

                                                                                      Statistics

                                                                                      This case has been viewed 182 times.

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