CUNNINGHAM v. USA
Federal Civil Lawsuit United States Court of Federal Claims, Case No. 1:97-cv-00499-LJB
District Judge Lynn J. Bush, presiding

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No Logo WALTER D. CUNNINGHAM, Plaintiff

Toggle Switch Represented by Unknown Firm

Name Phone Fax E-Mail
Space Charles William Gittins +1 703 683 0660

Toggle Switch Represented by United States Department of Justice

Name Phone Fax E-Mail
Space Brent M. McBurney +1 202 307 0277 brent.mcburney@usdoj.gov
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 Kathleen Zahorik Quill
Office COFC
Filed 7/22/1997
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 1/8/2002
Origin 1
Reopened None
Lead Case None
Related Case
Other Court Case None
Def Custody Status
Flag CLOSED
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Blank 42 Filed: 1/8/2002, Entered: 1/8/2002
JUDGMENT entered, pursuant to Rule 58, that the complaint is dismissed, with prejudice. Each party shall bear its own costs. (signed by Clerk). Copy to parties. (LD)
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    Blank 41 Filed: 1/8/2002, Entered: 1/8/2002 Court Filing
    UNPUBLISHED DECISION granting [37-1] motion for Judgment upon the administrative record and directing the clerk's office to enter judgment for defendant, dismissing plaintiff's complaint, with prejudice; and each party shall bear its own costs. ( signed by Judge Lynn J. Bush ). Copy to parties. (LD)
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      Blank -- Filed: 1/8/2002, Entered: 1/8/2002
      Case closed (LD)
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        Blank 40 Filed: 12/26/2001, Entered: 12/28/2001 Notice of Appearance/
        NOTICE of Attorney Appearance for WALTER D. CUNNINGHAM by Brent McBurney. Service: 12/26/01. (LTD)
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          Blank 39 Filed: 9/28/2001, Entered: 9/28/2001
          Supplemental Administrative record filed by USA. (LTD)
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            Blank 38 Filed: 9/28/2001, Entered: 9/28/2001 Court Filing
            ORDER granting [36-1] motion for Leave to file the supplemental administrative record of the BCNR (signed by Judge Lynn J. Bush). Copy to parties. (LTD)
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              Blank 37 Filed: 9/7/2001, Entered: 9/10/2001 Terminated: Court Filing
              RENEWED MOTION by USA (Service: 9/4/01) for Judgment upon the administrative record , by leave of the Judge. Response due: 10/5/01. (FE)
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                Blank 36 Filed: 9/4/2001, Entered: 9/5/2001, Terminated: 9/28/2001 Terminated:
                MOTION by USA (Service : 9/4/01 ) for Leave to file the supplemental administrative record of the BCNR . Response due: 9/21/01 (HW)
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                  Blank 35 Filed: 9/4/2001, Entered: 9/5/2001 ~Notice (other)
                  NOTICE of filing pursuant to Rule 60.1 by USA. Service: 9/4/01 (HW)
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                    Blank 34 Filed: 8/2/2001, Entered: 8/3/2001 OrderCourt Filing
                    ORDER Counsel for the parties shall confer and the notices required by RCFC 60.1(b)(4) shall be filed by 9/4/01 , should either party require further proceedings, that party shall file a renewed motion for judgment or a notice by 9/4/01, any opposing brief or notice shall be filed by 9/14/01, final reply shall be filed by 9/21/01 and if the parties fail to file the notices required by RCFC 60(B)(4), judgment shall be entered dismissing the case (signed by Judge Lynn J. Bush). Copy to parties. (FE)
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                      Blank 33 Filed: 6/28/2001, Entered: 6/29/2001 Notice of Appearance/
                      NOTICE of Attorney Appearance for USA by Kathleen Zahorik Quill. Service: 6/28/01. (FE)
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                        Blank 32 Filed: 10/23/2000, Entered: 10/25/2000 OrderCourt Filing
                        ORDER granting [31-1] motion for Leave to File supplemental authority. ( signed by Judge Lynn J. Bush ) Copy to parties. (JT)
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                          Blank 31 Filed: 9/25/2000, Entered: 9/28/2000, Terminated: 10/23/2000 Terminated:
                          MOTION by USA (Service : 9/25/00 ) for Leave to File supplemental authority. Response due: 10/12/00 (JT)
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                            Blank 30 Filed: 9/9/1999, Entered: 9/13/1999 Status Report
                            STATUS REPORT by USA. Service: 9/9/99 (JT)
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                              Blank 29 Filed: 1/27/1999, Entered: 1/28/1999 Case Assigned/ReassignedCourt Filing
                              Notice of reassignment to Judge Lynn J. Bush . Copy to parties. (CDC)
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                                Blank 28 Filed: 8/26/1998, Entered: 8/27/1998 Terminated:
                                MOTION by USA (Service : 8/26/98 ) to Extend Time from the August 31, 1998, deadline imposed by this Court upon the BCNR's final decision to enable Plaintiff's counsel to file, and the BCNR to consider, a response to the August 10, 1998 recommendation of the MMOA-4. Response due: 9/14/98 (JT)
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                                  Blank 28 Filed: 8/26/1998, Entered: 8/27/1998 ~Notice (other)
                                  NOTICE of filing the 8/10/98 advisory opinion by USA. Service: 8/26/98 (JT)
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                                    Blank 28 Filed: 8/26/1998, Entered: 8/27/1998 Status Report
                                    STATUS REPORT by USA. Service: 8/26/98 (JT)
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                                      Blank 27 Filed: 7/20/1998, Entered: 7/24/1998 OrderCourt Filing
                                      ORDER granting in part, denying in part [25-1] motion for the court to order further agency review of Plaintiff's case. Plaintiff's motion requesting a heightened standard of review is denied. Set Notice of Compliance deadline to 8/31/98 for the BCNR to perform a comparative review of Major Cunningham's military record against the sample cases of selected contemporaries retained by the FY 1996 and FY 1997 Lieutenant Colonel Selection Boards. ( signed by Judge Christine O. C. Miller ) Copy to parties. (JT)
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                                        Blank 26 Filed: 7/15/1998, Entered: 7/21/1998 Terminated:
                                        RESPONSE by USA (Service: 7/15/98 ) to [25-1] motion for the court to order further agency review of Plaintiff's case. Reply due: 7/27/98 (JT)
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                                          Blank 25 Filed: 7/1/1998, Entered: 7/6/1998, Terminated: 7/20/1998 Terminated:
                                          MOTION by WALTER D. CUNNINGHAM (Service : 7/1/98 ) for the court to order further agency review of Plaintiff's case. Response due: 7/20/98 (JT)
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                                            Blank 24 Filed: 6/29/1998, Entered: 6/30/1998 Decision by AgencyCourt Filing
                                            Notice of Filing Final Decision by Board for the Correction of Naval Records filed by defendant. Service: 6/29/98. and to Judge. (DS)
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                                              Blank 23 Filed: 5/1/1998, Entered: 6/17/1998 OrderCourt Filing
                                              ORDER granting [22-1] motion to Extend Time to file advisory opinion; directing defendant to file a copy of advisory opinion by 5/15/98 , plaintiff to respond to advisory opinion by 6/15/98 , the BCNR to issue its final decision by 6/29/98 , and parties to file a Joint Status Report by 7/15/98 ( signed by Judge Christine O. C. Miller ) Copy to parties. (DS)
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                                                Blank 22 Filed: 4/30/1998, Entered: 5/4/1998, Terminated: 5/1/1998 Terminated:
                                                MOTION by USA (Service : 4/30/98 ) to Extend Time to file advisory opinion [until May 15, 1998.] Response due: 5/18/98 (CDC) Modified on 05/04/1998
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                                                  Blank 21 Filed: 1/14/1998, Entered: 6/17/1998 Transcript
                                                  TRANSCRIPT of proceedings re: oral argument (one volume), taken at Washington, D.C., on December 15, 1997 . Notice to parties. (DS)
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                                                    Blank 20 Filed: 1/12/1998, Entered: 1/16/1998 Administrative Record
                                                    Administrative Record returned to defendant's attorney pursuant to Rule 60.1. (DS) Modified on 06/17/1998
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                                                      Blank 19 Filed: 1/12/1998, Entered: 6/17/1998 Published DecisionCourt Filing
                                                      PUBLISHED DECISION denying [5-1] motion to Dismiss, granting in part, denying in part [5-2] motion for Judgment Upon the Administrative Record, denying [10-1] cross motion, and Remanding case to the Board for Correction of Naval Records ( Agency Decision due 5/1/98 ). ( signed by Judge Christine O. C. Miller ). Copy to parties and certified copy forwarded to the BCNR. (DS) Modified on 06/17/1998
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                                                        Blank 18 Filed: 1/6/1998, Entered: 1/13/1998 Terminated:
                                                        RESPONSE by WALTER D. CUNNINGHAM to [17-1] memorandum by USA Service: 1/6/98 (CDC)
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                                                          Blank 17 Filed: 12/19/1997, Entered: 1/9/1998 Memorandum
                                                          Supplemental Brief Addressing Procedural Consequences by USA re: Service: 12/19/97 (CDC)
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                                                            Blank 16 Filed: 12/19/1997, Entered: 1/9/1998 OrderCourt Filing
                                                            ORDER set Notice of Compliance deadline to 1/6/98 for plaintiff to respond to defendant's supplemental brief ( signed by Judge Christine O. C. Miller ) Copy to parties. (CDC)
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                                                              Blank -- Filed: 12/15/1997, Entered: 6/17/1998 Oral Argument
                                                              Oral Argument re: [5-2] motion for Judgment Upon the Administrative Record by USA, [5-1] motion to Dismiss by US, [10-1] cross motion by WALTER D. CUNNINGHAM ( Transcript due 1/14/98 ) (DS)
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                                                                Blank 15 Filed: 12/12/1997, Entered: 1/5/1998 ~Notice (other)Court Filing
                                                                NOTICE of typographic/administrative errors in statement of facts presented by USA Service: 12/11/97 Filed by leave of the Judge. (CDC)
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                                                                  Blank 14 Filed: 11/19/1997, Entered: 6/17/1998 OrderCourt Filing
                                                                  ORDER oral argument set for 2:00 p.m. on 12/15/97 for [5-2] motion for Judgment Upon the Administrative Record, [5-1] motion to Dismiss,and [10-1] cross motion ( signed by Judge Christine O. C. Miller ) Copy to parties. (DS)
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                                                                    Blank 13 Filed: 11/17/1997, Entered: 11/25/1997 Statement of Facts
                                                                    STATEMENT OF FACTS filed by USA. Service: 11/17/97 (DS) Modified on 06/17/1998
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                                                                      Blank 12 Filed: 11/17/1997, Entered: 6/17/1998 Terminated:
                                                                      RESPONSE by USA (Service: 11/17/97 ) to [10-1] cross motion Reply due: 12/4/97 (DS)
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                                                                        Blank 11 Filed: 10/16/1997, Entered: 10/23/1997 Statement of Facts
                                                                        Counter-statement of material facts as to which there is no genuine issue filed by WALTER D. CUNNINGHAM. Service: 10/16/97 (HW)
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                                                                          Blank 10 Filed: 10/16/1997, Entered: 6/17/1998 Terminated:
                                                                          CROSS MOTION by WALTER D. CUNNINGHAM ( Service by hand: 10/14/97 ) and RESPONSE to [5-2] motion for Judgment Upon the Administrative Record. by USA, [5-1] motion to Dismiss by USA. Response due: 11/12/97 (DS) Modified on 06/17/1998
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                                                                            Blank 9 Filed: 10/16/1997, Entered: 10/23/1997 Statement of Facts
                                                                            STATEMENT OF FACTS as to which there is no genuine issue filed by WALTER D. CUNNINGHAM. Service: 10/14/97. (HW)
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                                                                              Blank -- Filed: 10/16/1997, Entered: 6/17/1998 Set/Reset Deadlines:
                                                                              Deadline updated; Response to [10-1] cross motion reset to 11/12/97 (DS)
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                                                                                Blank 8 Filed: 9/24/1997, Entered: 9/26/1997 Administrative Record
                                                                                Administrative record filed by USA. (CDC)
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                                                                                  Blank 7 Filed: 9/24/1997, Entered: 9/26/1997 OrderCourt Filing
                                                                                  ORDER granting [6-1] motion for Leave to File administrative record and granting [6-2] motion for Waiver of Duplication ( signed by Judge Christine O. C. Miller ) Copy to parties. (CDC)
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                                                                                    Blank 6 Filed: 9/22/1997, Entered: 9/25/1997, Terminated: 9/24/1997 Terminated:
                                                                                    MOTION by USA (Service : 9/22/97 ) for Leave to File administrative record , and for Waiver of Duplication (DS)
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                                                                                      Blank 5 Filed: 9/22/1997, Entered: 9/25/1997 Terminated:
                                                                                      MOTION by USA (Service : 9/22/97 ) to Dismiss , and for Judgment Upon the Administrative Record. Response due: 10/23/97 (DS)
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                                                                                        Blank 4 Filed: 9/22/1997, Entered: 9/25/1997 Statement of Facts
                                                                                        STATEMENT OF FACTS filed by USA. Service: 9/22/97 (DS)
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                                                                                          Blank 3 Filed: 8/11/1997, Entered: 8/15/1997 Notice of Appearance/
                                                                                          NOTICE of Attorney Appearance for USA by Armando Omar Bonilla Service : 8/8/97 (CDC)
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                                                                                            Blank 2 Filed: 7/22/1997, Entered: 7/25/1997 Case Assigned/ReassignedCourt Filing
                                                                                            Notice of assignment to Judge Christine O.C. Miller. Copy to parties. (FE)
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                                                                                              Blank 1 Filed: 7/22/1997, Entered: 7/25/1997 Complaint
                                                                                              COMPLAINT, FILING FEE $120, RECEIPT #043890. Answer due on 9/22/97. (FE)
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