KINDRED v. USA
Federal Civil Lawsuit United States Court of Federal Claims, Case No. 1:96-cv-00043-JTT
District Judge James T. Turner, presiding

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No Logo STEVEN B. KINDRED, Plaintiff

Toggle Switch Represented by Unknown Firm

Name Phone Fax E-Mail
Space J. Byron Holcomb +1 206 842 8429 ByLaw@AOL.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 Mark T. Quinlivan +1 617 748 3606 +1 617 748 3969 mark.quinlivan@usdoj.gov
Office COFC
Filed 1/31/1996
Jury Demand
Demand $0
Nature of Suit 346 - Military Pay - Correct/Reinstate
Cause Section 28 U.S.C. § 1491 Tucker Act
Jurisdiction U.S. Government Defendant
Disposition Preliminary Injunction
County
Terminated 7/30/1998
Origin 5
Reopened None
Lead Case None
Related Case
Other Court Case 94-5393[W. District of Washington]
Def Custody Status
Flag CLOSED
  Entries (41) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Blank 34 Filed: 11/12/1999, Entered: 11/15/1999 Status Report
Joint STATUS REPORT by STEVEN B. KINDRED. Service: 11/12/99. (HW)
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    Blank 33 Filed: 12/9/1998, Entered: 12/22/1998 CAFC Mandate Dismissing
    MANDATE (certified copy) from CAFC dated December 9, 1998 dismissed [0-0] number appeal, [0-0] number appeal. (HW)
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      Blank -- Filed: 10/14/1998, Entered: 10/29/1998 CAFC Case Number
      CAFC Case Number Re: [32-1] appeal by STEVEN B. KINDRED. CAFC NUMBER: 99-5009. (HW)
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        Blank 32 Filed: 10/9/1998, Entered: 10/12/1998 Terminated: Court Filing
        NOTICE OF CROSS-APPEAL by STEVEN B. KINDRED. Copy to Defendant, Judge Turner and CAFC. FILING FEE $ 105.00; RECEIPT # 046377. (HW)
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          Blank -- Filed: 9/30/1998, Entered: 10/5/1998 CAFC Case Number
          CAFC Case Number Re: [31-1] appeal by USA. CAFC NUMBER: 98-5182. (HW)
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            Blank 31 Filed: 9/25/1998, Entered: 9/28/1998 Terminated: Court Filing
            NOTICE OF APPEAL by USA. Copy to STEVEN B. KINDRED, Judge Turner and to CAFC. Fee not required. (HW)
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              Blank 30 Filed: 8/4/1998, Entered: 8/5/1998 Certified Transcript to Attorney
              CERTIFIED TRANSCRIPT OF JUDGMENT forwarded to attorney of record. See letter in file. (FE)
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                Blank 29 Filed: 7/30/1998, Entered: 7/30/1998
                JUDGMENT entered, pursuant to Rule 58, that plaintiff's discharge from the United States Navy, which occurred on July 29, 1994, is vacated. Plaintiff shall be reinstated to active duty in the United States Navy retroactive to the date of his discharge (July 29, 1994) at the rank held immediately prior to discharge. Plaintiff shall recover of and from the United States, damages for back pay and allowances, in the amount of $91,336.70, plus the amount of $66.06 per day for each day commencing on July 28, 1998, and continuing through the day preseding the plaintiff's date of reinstatement. Plaintiff's naval records shall be modified to delete any reference to his 1994 discharge from the United States Navy. Pursuant to RCFC 54(d), costs shall be allowed to the plaintiff ("the prevailing party"). (Signed by Clerk.) Copy to parties. (LD)
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                  Blank 28 Filed: 7/30/1998, Entered: 7/30/1998 Court Filing
                  ORDER directing that the Clerk enter judgment in favor of the plaintiff. (Signed by Judge James T. Turner.) Copy to parties. (LD)
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                    Blank -- Filed: 7/30/1998, Entered: 7/30/1998
                    Case closed (LD)
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                      Blank 27 Filed: 7/27/1998, Entered: 7/29/1998 Status Report
                      Joint STATUS REPORT by USA. Service: 7/27/98. (HW)
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                        Blank 26 Filed: 7/13/1998, Entered: 7/16/1998 Status Report
                        JOINT STATUS REPORT by STEVEN B. KINDRED, USA. (JT)
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                          Blank 25 Filed: 6/9/1998, Entered: 6/10/1998 Published DecisionCourt Filing
                          PUBLISHED DECISION denying [10-1] motion to Dismiss , denying [10-2] motion for Summary Judgment on the administrative record, granting [16-1] cross motion, set Joint Status Report deadline to 7/13/98 for the parties to advise of any agreement concerning damages and further advising of any other suggestions concerning the content or form of the judgment ( Signed by Judge James T. Turner. ) Copy to parties. (CDC)
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                            Blank 24 Filed: 11/13/1997, Entered: 11/13/1997
                            TRANSCRIPT of proceedings, 1 volume, at Washington, D.C., for date of October 28, 1997. Notice to parties. (FE)
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                              Blank -- Filed: 10/28/1997, Entered: 10/29/1997 Oral Argument
                              Oral Argument re: [16-1] cross motion by STEVEN B. KINDRED ( Transcript due 11/28/97 ), [10-2] motion for Summary Judgment on the administrative record. by USA ( Transcript due 11/28/97 ) (DS)
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                                Blank 23 Filed: 9/15/1997, Entered: 9/17/1997 OrderCourt Filing
                                ORDER oral argument set for 10:00 10/28/97 for [16-1] cross motion, set for 10:00 10/28/97 for [10-1] motion to Dismiss , set for 10:00 10/28/97 for [10-2] motion for Summary Judgment on the administrative record. ( signed by Judge James T. Turner ) Copy to parties. (CDC)
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                                  Blank -- Filed: 9/15/1997, Entered: 9/17/1997 Set/Reset Deadlines:
                                  Deadline updated; oral argument set for 10:00 on 10/28/97 for [16-1] cross motion, [10-1] motion to Dismiss, for [10-2] motion for Summary Judgment on the administrative record. (DS)
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                                    Blank 22 Filed: 8/7/1996, Entered: 8/13/1996 Statement of FactsCourt Filing
                                    CORRECTED CITATION TO STATEMENT OF FACTS filed by STEVEN B. KINDRED. Filed by leave of the Judge. (FE)
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                                      Blank 21 Filed: 8/7/1996, Entered: 8/12/1996 Reply to Response to Motion
                                      REPLY by STEVEN B. KINDRED to response to [16-1] cross motion. (FE)
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                                        Blank 20 Filed: 8/7/1996, Entered: 8/12/1996 OrderCourt Filing
                                        ORDER granting [19-1] motion for Leave to File reply to motion for summary judgment, out of time (signed by Judge James T. Turner). Copy to parties. (FE)
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                                          Blank 19 Filed: 8/6/1996, Entered: 8/12/1996, Terminated: 8/7/1996 Terminated:
                                          MOTION by STEVEN B. KINDRED (Service : 8/4/96 ) for Leave to File reply to motion for summary judgment, out of time . (FE)
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                                            Blank 18 Filed: 7/23/1996, Entered: 7/26/1996 Terminated: Court Filing
                                            RESPONSE by USA (Service: 7/18/96) to [16-1] cross motion and one volume appendix by leave of the Judge. Reply due: 8/5/96 (FE)
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                                              Blank 17 Filed: 7/23/1996, Entered: 7/26/1996 Statement of FactsCourt Filing
                                              COUNTER-STATEMENT OF FACTS filed by USA by leave of the Judge. Service: 7/18/96 (FE)
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                                                Blank 16 Filed: 6/20/1996, Entered: 7/19/1996 Terminated:
                                                CROSS MOTION by STEVEN B. KINDRED ( Service: 6/17/96 ) and RESPONSE to [10-1] motion to Dismiss, [10-2] motion for Summary Judgment on the administrative record, together with a separate volume of appendix, filed [by leave of the judge]. Response due: 7/18/96 (DS) Modified on 07/19/1996
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                                                  Blank 15 Filed: 6/20/1996, Entered: 6/21/1996 Statement of FactsCourt Filing
                                                  STATEMENT OF FACTS filed by STEVEN B. KINDRED by leave of the Judge. Service: 6/17/96 (FE)
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                                                    Blank -- Filed: 6/20/1996, Entered: 7/19/1996 Set/Reset Deadlines:
                                                    Deadline updated; Response to [16-1] cross motion set to 7/18/96 (DS)
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                                                      Blank 14 Filed: 5/29/1996, Entered: 5/31/1996 OrderCourt Filing
                                                      ORDER granting [13-1] motion to Extend Time to respond to motion to dismiss or for judgment on administrative record, Response to [10-1] motion to Dismiss reset to 6/18/9 and [10-2] motion for Summary Judgment on the administrative record reset to 6/18/96 (signed by Judge James T. Turner). Copy to parties. (FE)
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                                                        Blank 13 Filed: 5/24/1996, Entered: 5/29/1996, Terminated: 5/29/1996 Terminated:
                                                        MOTION by STEVEN B. KINDRED (Service: 5/21/96) to Extend Time to respond to motion to dismiss or for judgment on administrative record [to June 18, 1996]. (FE)
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                                                          Blank 12 Filed: 5/1/1996, Entered: 5/2/1996 Administrative Record
                                                          Administrative record filed by USA Service: 5/1/96 (HW)
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                                                            Blank 11 Filed: 5/1/1996, Entered: 5/2/1996 OrderCourt Filing
                                                            ORDER granting [7-1] motion for Leave to File administrative record ( signed by Judge James T. Turner ) Copy to parties. (HW)
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                                                              Blank 10 Filed: 4/29/1996, Entered: 5/2/1996 Terminated:
                                                              MOTION by USA (Service : 4/29/96 ) to Dismiss , or in the alternative for Summary Judgment on the administrative record. Response due: 5/30/96 (HW)
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                                                                Blank 9 Filed: 4/29/1996, Entered: 5/2/1996 Statement of Facts
                                                                STATEMENT OF FACTS filed by USA. Service: 4/29/96 (HW)
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                                                                  Blank 8 Filed: 4/29/1996, Entered: 5/2/1996 Notice of Appearance/
                                                                  NOTICE of Attorney Appearance for USA by Mark Thomas Quinlivan. Service : 4/29/96. (HW)
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                                                                    Blank 7 Filed: 4/29/1996, Entered: 5/2/1996, Terminated: 5/1/1996 Terminated:
                                                                    MOTION by USA (Service : 4/29/96 ) for Leave to File administrative record Response due: 5/16/96 (HW)
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                                                                      Blank 6 Filed: 3/19/1996, Entered: 3/25/1996 Notice of Appearance/
                                                                      NOTICE of Attorney Appearance for USA by Armando Omar Bonilla. Service : 3/19/96 (FE)
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                                                                        Blank 5 Filed: 3/15/1996, Entered: 3/22/1996 OrderCourt Filing
                                                                        ORDER re: further procedures ( signed by Judge James T. Turner ). Copy to parties. (HW)
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                                                                          Blank 4 Filed: 3/12/1996, Entered: 3/18/1996 Notice of Appearance/
                                                                          NOTICE of Attorney Appearance for USA by Stephanie Marie Jackson. Service : 3/12/96 (FE)
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                                                                            Blank 3 Filed: 2/28/1996, Entered: 2/29/1996 Case Assigned/ReassignedCourt Filing
                                                                            Notice of assignment to Judge James T. Turner . Copy to parties. (DS)
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                                                                              Blank 2 Filed: 2/28/1996, Entered: 2/29/1996 Amended Complaint
                                                                              AMENDED COMPLAINT by STEVEN B. KINDRED (Answer due 4/29/96 ) Copies (5) to defendant. (DS)
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                                                                                Blank 1 Filed: 1/31/1996, Entered: 2/1/1996 Case Transferred In - District Transfer
                                                                                Record transferred from the U.S. District Court for the Western District of Washington, case number 94-cv-5393, consisting of 6 bound volumes. Notice to parties. (Amended complaint due by 2/28/96). (FE)
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                                                                                  Blank -- Filed: 1/31/1996, Entered: 2/1/1996 Case Assigned/Reassigned
                                                                                  CASE assigned to Judge Unassigned. (FE)
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