DRIVER v. USA
Federal Civil Lawsuit United States Court of Federal Claims, Case No. 1:97-cv-00500-TJL
District Judge Thomas J. Lydon, presiding

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No Logo JIMMY D. DRIVER, Plaintiff

Toggle Switch Represented by Unknown Firm

Name Phone Fax E-Mail
Space Charles William Gittins +1 703 683 0660
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 Armando Omar Bonilla +1 202 616 2983 +1 202 514 3003 armando.bonilla@usdoj.gov
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 4/9/2001
Origin 1
Reopened None
Lead Case None
Related Case
Other Court Case None
Def Custody Status
Flag CLOSED
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Blank 70 Filed: 4/9/2001, Entered: 4/9/2001
JUDGMENT entered, pursuant to Rule 58, that the complaint is dismissed. No costs. (signed by Clerk). Copy to parties. (LD)
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    Blank 69 Filed: 4/9/2001, Entered: 4/9/2001 Court Filing
    ORDER directing the clerk to enter judgment dismissing the complaint. No costs. ( signed by Sr. Judge Thomas J. Lydon ) Copy to parties. (LD)
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      Blank -- Filed: 4/9/2001, Entered: 4/9/2001
      Case closed (LD)
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        Blank 68 Filed: 3/7/2001, Entered: 3/7/2001 Court Filing
        ORDER Plaintiff is directed to file any response to the defendant's status report by 3/30/01 (signed by Sr. Judge Thomas J. Lydon). Copy to parties. (FE)
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          Blank 67 Filed: 2/28/2001, Entered: 3/6/2001 Status Report
          STATUS REPORT filed by USA. Service: 2/28/01 (DS)
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            Blank -- Filed: 2/28/2001, Entered: 3/6/2001 Set/Reset Deadlines:
            Deadline updated; set Status Report deadline to 3/30/01 (last work day of the month) (DS)
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              Blank 66 Filed: 1/31/2001, Entered: 2/1/2001 Status Report
              STATUS REPORT filed by USA. Service: 1/31/01 (DS)
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                Blank 65 Filed: 1/9/2001, Entered: 1/10/2001 Scheduling OrderCourt Filing
                SCHEDULING ORDER setting Status Report due on 1/31/01, with additional reports due on the last work day of each succeeding month until the matter is resolved. ( signed by Sr. Judge Thomas J. Lydon). Copy to parties. (FE) Modified on 03/01/2001
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                  Blank 64 Filed: 12/13/2000, Entered: 12/14/2000 Status Report
                  COMPLIANCE REPORT by USA. Service: 12/13/00 (JT)
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                    Blank 63 Filed: 10/17/2000, Entered: 10/26/2000 Unpublished DecisionCourt Filing
                    UNPUBLISHED DECISION granting [38-1] motion to Dismiss, granting in part, denying in part [45-1] motion for Summary Judgment, granting [57-1] motion to remand, with case remanded to the Secretary of the Navy. ( Agency Decision due 12/15/00 ). ( signed by Sr. Judge Thomas J. Lydon ). Copy to parties and certified copy to the Secretary of the Navy. (DS)
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                      Blank 62 Filed: 5/17/2000, Entered: 5/19/2000 Case Assigned/ReassignedCourt Filing
                      Notice of reassignment to Sr. Judge Thomas J. Lydon . Copy to parties. (DS)
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                        Blank 61 Filed: 3/23/2000, Entered: 3/27/2000 Terminated:
                        RESPONSE by JIMMY D. DRIVER (Service: 3/20/00 ) to [57-1] motion to remand. Reply due: 4/3/00 (reply to response to motion included) (JT)
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                          Blank 61 Filed: 3/23/2000, Entered: 3/27/2000 Reply to Response to Motion
                          REPLY by JIMMY D. DRIVER to response to [45-1] motion for Summary Judgment. Service: 3/20/00 (response to motion included) (JT)
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                            Blank 60 Filed: 3/23/2000, Entered: 3/27/2000 ~Notice (other)
                            NOTICE of Stipulation of Liability and Amended Request for a Voluntary Remand by USA. Service: 3/20/00 (JT)
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                              Blank 59 Filed: 3/23/2000, Entered: 3/27/2000 OrderCourt Filing
                              ORDER granting [58-1] motion for Leave to file an amended response to plaintiff's motion for summary judgment. ( signed by Judge Bohdan A. Futey ) Copy to parties. (JT)
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                                Blank 58 Filed: 3/20/2000, Entered: 3/23/2000, Terminated: 3/23/2000 Terminated:
                                MOTION by USA (Service : 3/20/00 ) for Leave to file an amended response to plaintiff's motion for summary judgment . Response due: 4/6/00 (DS)
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                                  Blank 57 Filed: 3/1/2000, Entered: 3/3/2000 Terminated:
                                  RESPONSE by USA (Service: 3/1/00 ) to [45-1] motion for Summary Judgment. Reply due: 3/20/00 (motion for remand included) (JT)
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                                    Blank 57 Filed: 3/1/2000, Entered: 3/3/2000 Terminated:
                                    MOTION by USA (Service : 3/1/00 ) to remand. Response due: 3/20/00 (response to motion included) (JT)
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                                      Blank 56 Filed: 3/1/2000, Entered: 3/3/2000 Statement of Genuine Issues
                                      STATEMENT OF GENUINE ISSUES by USA. Service: 3/1/00 (JT)
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                                        Blank 55 Filed: 2/4/2000, Entered: 2/8/2000 OrderCourt Filing
                                        ORDER granting [54-1] motion to Extend Time to file response to motion for summary judgment Response to [45-1] motion for Summary Judgment reset to 3/1/00 (signed by Judge Bohdan A. Futey). Copy to parties. (FE)
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                                          Blank 54 Filed: 1/27/2000, Entered: 1/28/2000, Terminated: 2/4/2000 Terminated:
                                          MOTION by USA (Service: 1/27/00) to Extend Time to file response to motion for summary judgment , [until March 1, 2000]. Response due: 2/14/00. (FE)
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                                            Blank 53 Filed: 1/5/2000, Entered: 1/6/2000 Affidavit
                                            DECLARATION by JIMMY D. DRIVER. (JT)
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                                              Blank 52 Filed: 1/5/2000, Entered: 1/6/2000 OrderCourt Filing
                                              ORDER granting [49-1] motion to substitute signed declaration. ( signed by Judge Bohdan A. Futey ) Copy to parties. (JT)
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                                                Blank 51 Filed: 1/5/2000, Entered: 1/6/2000 OrderCourt Filing
                                                ORDER granting [50-1] motion to Extend Time to respond to motion for summary judgment. Defendant's response to [45-1] motion for Summary Judgment reset to 1/31/00. ( signed by Judge A. Futey ) Copy to parties. (JT)
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                                                  Blank 50 Filed: 12/29/1999, Entered: 12/29/1999, Terminated: 1/5/2000 Motion for Extension of Time
                                                  MOTION by USA (Service : 12/28/99 ) to Extend Time to respond to motion for summary judgment [until January 31, 2000]. Response due: 1/14/00 (JT)
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                                                    Blank 49 Filed: 12/22/1999, Entered: 12/22/1999, Terminated: 1/5/2000 Motion for Miscellaneous Relief
                                                    MOTION by JIMMY D. DRIVER (Service : 12/20/99 ) to substitute signed declaration Response due: 1/6/00 (CDC)
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                                                      Blank 48 Filed: 12/10/1999, Entered: 12/15/1999 OrderCourt Filing
                                                      ORDER returning to Plaintiff as unfiled their Declaration received on 12/6/99. Plaintiff shall file a motion to substitute unsigned declaration and proof of service. ( signed by Judge Bohdan A. Futey ) Copy to parties. (JT)
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                                                        Blank 46 Filed: 11/29/1999, Entered: 12/2/1999 ~Notice (other)
                                                        NOTICE of Statement of Material Facts about which there is no genuine issue by JIMMY D. DRIVER. Service: 11/29/99 (JT)
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                                                          Blank 45 Filed: 11/29/1999, Entered: 12/1/1999 Terminated:
                                                          MOTION by JIMMY D. DRIVER (Service: 11/29/99) for Summary Judgment . Response due: 12/30/99. (FE)
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                                                            Blank 47 Filed: 11/22/1999, Entered: 12/9/1999 Notice of Change of Address
                                                            NOTICE of change of address by Charles William Gittins. (HW)
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                                                              Blank 44 Filed: 11/15/1999, Entered: 11/17/1999 ~Notice (other)
                                                              NOTICE of Filing - intent to file a motion for summary judgment by 11/30/99 by JIMMY D. DRIVER. Service: 11/6/99 (JT)
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                                                                Blank 43 Filed: 10/28/1999, Entered: 11/1/1999 OrderCourt Filing
                                                                ORDER set Plaintiff's motion for summary judgment filing deadline to 11/29/99. ( signed by Judge Bohdan A. Futey ) Copy to parties. (JT)
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                                                                  Blank 42 Filed: 10/13/1999, Entered: 10/18/1999 OrderCourt Filing
                                                                  ORDER set telephonic status conference for 2:00 p.m., 10/28/99. ( signed by Judge Bohdan A. Futey ) Copy to parties. (JT)
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                                                                    Blank 41 Filed: 10/1/1999, Entered: 10/5/1999 Scheduling OrderCourt Filing
                                                                    SCHEDULING ORDER setting Telephonic conference for 3:00 p.m. 10/13/99 (signed by Judge Bohdan A. Futey). Copy to parties. (FE)
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                                                                      Blank 40 Filed: 9/28/1999, Entered: 10/1/1999 Response to Order to Show Cause
                                                                      Response to order to show cause by JIMMY D. DRIVER. Service: 9/27/99 (JT)
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                                                                        Blank 39 Filed: 9/14/1999, Entered: 9/17/1999 Order on Motion for Order to Show CauseCourt Filing
                                                                        ORDER TO SHOW CAUSE ( signed by Judge Bohdan A. Futey ) Copy to parties. Show Cause Response due: 9/28/99 for JIMMY D. DRIVER, with the Clerk directed to dismiss the complaint without further order from the court if plaintiff fails to comply with this order. (DS)
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                                                                          Blank 38 Filed: 6/21/1999, Entered: 6/22/1999 Terminated:
                                                                          PARTIAL MOTION by USA (Service: 6/21/99) to Dismiss . Response due: 7/22/99. (FE)
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                                                                            Blank 37 Filed: 4/16/1999, Entered: 4/20/1999 OrderCourt Filing
                                                                            ORDER granting [36-1] motion to Extend Time to file a dispositive motion Motion Filing deadline to 6/21/99 ( signed by Judge Bohdan A. Futey). Copy to parties. (FE)
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                                                                              Blank 36 Filed: 4/14/1999, Entered: 4/19/1999, Terminated: 4/16/1999 Terminated:
                                                                              MOTION by USA (Service : 4/14/99) to Extend Time to file a dispositive motion , (until June 21, 1999). Response due: 5/3/99. (FE)
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                                                                                Blank 35 Filed: 1/27/1999, Entered: 2/1/1999 OrderCourt Filing
                                                                                ORDER granting [34-1] motion to Extend Time to file dispositive motion by 4/22/99, mooting [33-1] motion to Extend Time to prepare and file principal brief . ( signed by Judge Bohdan A. Futey ). Copy to parties. (HW)
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                                                                                  Blank 34 Filed: 1/26/1999, Entered: 1/27/1999, Terminated: 1/27/1999 Terminated:
                                                                                  MOTION by USA (Service: 1/26/99) to Extend Time to file dispositive motion until 4/22/99. (FE)
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                                                                                    Blank 33 Filed: 1/25/1999, Entered: 1/26/1999 Terminated:
                                                                                    MOTION by USA (Service : 1/25/99 ) to Extend Time to prepare and file principal brief , (until April 22, 1999). Response due: 2/25/99. (FE)
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                                                                                      Blank 32 Filed: 1/21/1999, Entered: 1/25/1999 Response to Order to Show Cause
                                                                                      Response to order to show cause by JIMMY D. DRIVER. Service: 1/21/99. (HW)
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                                                                                        Blank 31 Filed: 1/14/1999, Entered: 1/19/1999 OrderCourt Filing
                                                                                        ORDER set Answer deadline to 2/4/99 and set Notice of Compliance deadline to 1/22/99 for Plaintiff's counsel to explain to the Court, in writing, the reasons for his failure to participate at the telephonic status conference of 12/11/98. ( signed by Judge Bohdan A. Futey ) Copy to parties. (JT)
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                                                                                          Blank 30 Filed: 12/30/1998, Entered: 1/5/1999 OrderCourt Filing
                                                                                          ORDER re: Plaintiff's counsel is to explain to the court, in writing, the reasons for his failure to participate at the telephonic status conference. ( signed by Judge Bohdan A. Futey ) Copy to parties. (JT)
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                                                                                            Blank 29 Filed: 12/28/1998, Entered: 12/30/1998 Response to Order to Show Cause
                                                                                            Response to order to show cause by JIMMY D. DRIVER. Service: 12/28/98 (JT)
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                                                                                              Blank 28 Filed: 12/11/1998, Entered: 12/15/1998 Order on Motion for Order to Show CauseCourt Filing
                                                                                              ORDER TO SHOW CAUSE ( signed by Judge Bohdan A. Futey ) Copy to parties. Show Cause Response due: 12/28/98 for JIMMY D. DRIVER. (JT)
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                                                                                                Blank -- Filed: 12/11/1998, Entered: 12/11/1998
                                                                                                Status Conference held (no reporter requested) (DS)
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                                                                                                  Blank 27 Filed: 11/13/1998, Entered: 11/17/1998 OrderCourt Filing
                                                                                                  ORDER granting [26-1] motion to extend the stay of proceedings. Set telephonic Status Conference for 2:30 p.m. 12/11/98 ( signed by Judge Bohdan A. Futey ). Copy to parties. (FE)
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                                                                                                    Blank 26 Filed: 11/9/1998, Entered: 11/12/1998, Terminated: 11/13/1998 Terminated:
                                                                                                    MOTION by USA (Service : 11/9/98 ) to extend the stay of proceedings. Response due: 11/27/98 (JT)
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                                                                                                      Blank 26 Filed: 11/9/1998, Entered: 11/12/1998, Terminated: 11/13/1998 Status Report
                                                                                                      STATUS REPORT by USA. Service: 11/9/98 (JT)
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                                                                                                        Blank 25 Filed: 10/8/1998, Entered: 10/14/1998 OrderCourt Filing
                                                                                                        ORDER set Joint Status Report deadline to 11/9/98. ( signed by Judge Bohdan A. Futey ) Copy to parties. (JT)
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                                                                                                          Blank -- Filed: 10/8/1998, Entered: 10/8/1998
                                                                                                          Status Conference held (no reporter requested) (DS)
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                                                                                                            Blank 24 Filed: 9/24/1998, Entered: 9/28/1998 OrderCourt Filing
                                                                                                            ORDER reset telephonic Status Conference for 2:30 p.m., 10/8/98. ( signed by Judge Bohdan A. Futey ) Copy to parties. (JT) Modified on 09/28/1998
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                                                                                                              Blank 23 Filed: 9/22/1998, Entered: 9/25/1998 OrderCourt Filing
                                                                                                              ORDER reset telephonic Status Conference for 2:30 p.m., 10/7/98. ( signed by Judge Bohdan A. Futey ) Copy to parties. (JT)
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                                                                                                                Blank 22 Filed: 8/4/1998, Entered: 8/7/1998 OrderCourt Filing
                                                                                                                ORDER granting [21-1] motion to Extend Time for the stay of proceedings until September 25, 1998 set telephonic Status Conference for 9/29/98 at 2:30 p.m. if case is not settled ( Signed by Judge Bohdan A. Futey ) Copy to parties. (CDC)
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                                                                                                                  Blank 21 Filed: 8/3/1998, Entered: 8/5/1998, Terminated: 8/4/1998 Terminated:
                                                                                                                  MOTION by USA (Service : 7/31/98 ) to Extend Time for the stay of proceedings [to September 27, 1998]. Response due: 8/17/98 (JT)
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                                                                                                                    Blank 21 Filed: 8/3/1998, Entered: 8/5/1998, Terminated: 8/4/1998 Status Report
                                                                                                                    STATUS REPORT by USA. Service: 7/31/98 (JT)
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                                                                                                                      Blank 20 Filed: 6/15/1998, Entered: 6/18/1998 OrderCourt Filing
                                                                                                                      ORDER granting [19-1] motion to Extend the Stay of proceedings until 7/27/98. Set Joint Status Report deadline to 8/3/98. ( signed by Judge Bohdan A. Futey ) Copy to parties. (JT)
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                                                                                                                        Blank 19 Filed: 6/12/1998, Entered: 6/15/1998, Terminated: 6/15/1998 Terminated:
                                                                                                                        MOTION by USA (Service: 6/12/98) to Extend the Stay of proceedings until 7/27/98 (FE)
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                                                                                                                          Blank 19 Filed: 6/12/1998, Entered: 6/15/1998, Terminated: 6/15/1998 Status Report
                                                                                                                          STATUS REPORT by USA Service: 6/12/98 (FE)
                                                                                                                            LREF
                                                                                                                            Blank 18 Filed: 5/27/1998, Entered: 6/1/1998 OrderCourt Filing
                                                                                                                            ORDER granting [17-1] motion to Extend Time to file a joint status report. Reset Joint Status Report deadline to 6/12/98. ( signed by Judge Bohdan A. Futey ) Copy to parties. (JT)
                                                                                                                              LREF
                                                                                                                              Blank 17 Filed: 5/26/1998, Entered: 5/28/1998, Terminated: 5/27/1998 Terminated:
                                                                                                                              MOTION by USA (Service : 5/26/98 ) to Extend Time to file a joint status report [until 6/12/98]. (AB)
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                                                                                                                                Blank 16 Filed: 4/6/1998, Entered: 4/7/1998 Notice of Appearance/
                                                                                                                                NOTICE of Attorney Appearance for USA by Armando Omar Bonilla. Service : 4/6/98 (JT)
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                                                                                                                                  Blank 15 Filed: 4/2/1998, Entered: 4/6/1998 OrderCourt Filing
                                                                                                                                  ORDER granting [14-1] motion to Stay proceedings in this case for an additional 60 days to allow the parties to continue to confer regarding settlement options. Set Joint Status Report deadline to 5/26/98. ( signed by Judge Bohdan A. Futey ) Copy to parties. (JT)
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                                                                                                                                    Blank 14 Filed: 3/23/1998, Entered: 3/25/1998, Terminated: 4/2/1998 Terminated:
                                                                                                                                    JOINT MOTION by JIMMY D. DRIVER, USA to Stay proceedings in this case for an additional 60 days to allow the parties to continue to confer regarding settlement options. Response due: (JT) Modified on 03/25/1998
                                                                                                                                      LREF
                                                                                                                                      Blank 13 Filed: 1/5/1998, Entered: 1/12/1998 OrderCourt Filing
                                                                                                                                      ORDER granting [11-1] motion to Stay proceedings in this case for 90 days to allow the parties to continue to confer regarding settlement options, set Joint Status Report as to further proceedings deadline to 3/23/98. ( signed by Judge Bohdan A. Futey ) Copy to parties. (JT)
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                                                                                                                                        Blank 12 Filed: 12/22/1997, Entered: 1/9/1998 OrderCourt Filing
                                                                                                                                        ORDER granting [9-1] motion to Extend Time within which to respond to plaintiff's complaint reset Answer deadline to 12/24/97 ( signed by Judge Bohdan A. Futey ) Copy to parties. (CDC)
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                                                                                                                                          Blank 11 Filed: 12/22/1997, Entered: 12/31/1997, Terminated: 1/5/1998 Terminated:
                                                                                                                                          MOTION by JIMMY D. DRIVER, USA (Service : 12/22/97 ) to Stay proceedings in this case for 90 days to allow the parties to continue to confer regarding settlement options Response due: 1/22/98 (JT)
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                                                                                                                                            Blank 9 Filed: 12/12/1997, Entered: 12/23/1997, Terminated: 12/22/1997 Terminated:
                                                                                                                                            MOTION by USA (Service : 12/12/97 ) to Extend Time within which to respond to plaintiff's complaint [to December 24, 1997] Response due: 12/29/97 (JT)
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                                                                                                                                              Blank 10 Filed: 12/8/1997, Entered: 12/29/1997 OrderCourt Filing
                                                                                                                                              ORDER granting [8-1] motion to Extend Time to December 12, 1997, to respond to the complaint. reset Answer deadline to 12/12/97 ( signed by Judge Bohdan A. Futey ) Copy to parties. (DS)
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                                                                                                                                                Blank 8 Filed: 12/4/1997, Entered: 12/22/1997, Terminated: 12/8/1997 Terminated:
                                                                                                                                                MOTION by USA (Service : 12/4/97 ) to Extend Time to December 12, 1997, to respond to the complaint. (DS)
                                                                                                                                                  LREF
                                                                                                                                                  Blank 7 Filed: 11/7/1997, Entered: 11/20/1997 OrderCourt Filing
                                                                                                                                                  ORDER granting [6-1] motion to Extend Time within which to respond to the complaint reset Answer deadline to 12/5/97 ( signed by Judge Bohdan A. Futey ) Copy to parties. (DS)
                                                                                                                                                    LREF
                                                                                                                                                    Blank 6 Filed: 11/5/1997, Entered: 11/18/1997, Terminated: 11/7/1997 Terminated:
                                                                                                                                                    MOTION by USA (Service : 11/5/97 ) to Extend Time within which to respond to the complaint , (until December 5, 1997). (HW)
                                                                                                                                                      LREF
                                                                                                                                                      Blank 5 Filed: 9/22/1997, Entered: 9/26/1997 OrderCourt Filing
                                                                                                                                                      ORDER granting [4-1] motion to Extend Time to November 5, 1997, to respond to the Complaint. reset Answer deadline to 11/5/97 ( signed by Judge Bohdan A. Futey ) Copy to parties. (DS)
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                                                                                                                                                        Blank 4 Filed: 9/18/1997, Entered: 9/24/1997, Terminated: 9/22/1997 Terminated:
                                                                                                                                                        MOTION by USA (Service : 9/18/97 ) to Extend Time to November 5, 1997, to respond to the Complaint. Response due: 10/2/97 (CDC)
                                                                                                                                                          LREF
                                                                                                                                                          Blank 3 Filed: 8/11/1997, Entered: 8/15/1997 Notice of Appearance/
                                                                                                                                                          NOTICE of Attorney Appearance for USA by Robert Ernest Leidenheimer Jr. Service : 8/8/97 (CDC)
                                                                                                                                                            LREF
                                                                                                                                                            Blank 2 Filed: 7/22/1997, Entered: 7/25/1997 Case Assigned/ReassignedCourt Filing
                                                                                                                                                            Notice of assignment to Judge Bohdan A. Futey. Copy to parties. (FE)
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                                                                                                                                                              Blank 1 Filed: 7/22/1997, Entered: 7/25/1997 Complaint
                                                                                                                                                              COMPLAINT (Filed with Exhibits A through D), FILING FEE $120, RECEIPT #043891. Answer due on 9/22/97. (FE)
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