GONZALEZ v. USA
Federal Civil Lawsuit United States Court of Federal Claims, Case No. 1:97-cv-00526-LSM
District Judge Lawrence S. Margolis, presiding

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No Logo VICTOR A. GONZALEZ, Plaintiff

Toggle Switch Represented by Glen E. Keller, Jr

Name Phone Fax E-Mail
Space John Adams Wickham +1 303 670 3825 +1 303 670 1586 wickham1@wispertel.net
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 David Charles Hoffman +1 202 616 0341 +1 202 514 8624 david.hoffman3@usdoj.gov
Office COFC
Filed 8/4/1997
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 1/26/1999
Origin 1
Reopened None
Lead Case None
Related Case
Other Court Case None
Def Custody Status
Flag CLOSED
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Blank 65 Filed: 9/30/1999, Entered: 9/30/1999
CERTIFIED COPY OF JUDGMENT, which provides for the recovery of attorney fees and expenses, forwarded to attorney of record. See letter in file. (FE)
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    Blank 64 Filed: 9/29/1999, Entered: 9/29/1999
    JUDGMENT is entered, pursuant to Rule 58, that plaintiff recover of and from the United States the sum of $16,437.15. (signed by Clerk). Copy to parties. (LD)
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      Blank 63 Filed: 9/29/1999, Entered: 9/29/1999 Court Filing
      PUBLISHED DECISION granting [61-1] motion for Attorney Fees and directing the clerk to enter judgment for plaintiff in the amount of $16,437.15.( signed by Sr. Judge Lawrence S. Margolis ). Copy to parties. (LD)
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        Blank 62 Filed: 6/28/1999, Entered: 6/29/1999 Response to Motion
        RESPONSE by USA (Service: 6/18/99 ) to [61-1] motion for Attorney Fees filed [by leave of the judge]. Reply due: 7/6/99 (DS)
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          Blank 61 Filed: 6/28/1999, Entered: 6/29/1999 Terminated:
          AMENDED MOTION by VICTOR A. GONZALEZ (Service : 6/3/99 ) for Attorney Fees filed [by leave of the judge]. Response due: 7/6/99 (DS)
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            Blank 60 Filed: 5/24/1999, Entered: 5/24/1999
            CERTIFIED TRANSCRIPT OF JUDGMENT forwarded to attorney of record. See letter in file. (FE)
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              Blank 59 Filed: 5/24/1999, Entered: 5/24/1999
              Certified transcript of judgment of January 26, 1999 returned. Destroyed this date. (LD)
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                Blank 58 Filed: 5/13/1999, Entered: 5/13/1999
                JUDGMENT entered, pursuant to Rule 58, that plaintiff shall recover back pay and allowances of and from the UnitedStates in the sum of $123,823.21, for the period of August 18, 1995 until March 1, 1999. Plaintiff shall be credited with 60 days accrued leave. Plaintiff shall be returned to active duty not sooner than fifteen (15) days after entry of final judgment of this Court. Currently, no adverse actions are pending against Plaintiff by the United States Army and, as such, there are no current "flags" preventing favorable military personnel actions. Plaintiff will be considered, and/or reconsidered, as may be appropriate, for schools, promotions and other professional advancement within the Army consistent with continuous service from August 18, 1995. (signed by Clerk). Copy to parties. (LD)
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                  Blank 57 Filed: 5/12/1999, Entered: 5/13/1999 OrderCourt Filing
                  ORDER granting [56-1] motion for Relief from Judgment Pursuant to Rule 60(b) and directing the clerk to vacate the judgment of January 26, 1999, and enter judgment in accordance with the parties' May 11, 1999 motion. ( signed by Sr. Judge Lawrence S. Margolis ) Copy to parties. (LD)
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                    Blank 56 Filed: 5/11/1999, Entered: 5/13/1999, Terminated: 5/12/1999 Terminated:
                    MOTION by VICTOR A. GONZALEZ, USA (Service : 5/11/99 ) for Relief from Judgment Pursuant to Rule 60(b) (CDC)
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                      Blank -- Filed: 5/11/1999, Entered: 5/13/1999 Terminated:
                      JOINT MOTION FOR RELIEF FROM JUDGMENT (Service : 5/11/99 ) (LD)
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                        Blank 55 Filed: 1/28/1999, Entered: 2/2/1999 Certified Transcript to Attorney
                        CERTIFIED TRANSCRIPT OF JUDGMENT forwarded to attorney of record. See letter in file. DESTROYED May 24, 1999. (FE) Modified on 05/24/1999
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                          Blank 54 Filed: 1/27/1999, Entered: 1/29/1999 Memorandum
                          STATEMENT by VICTOR A. GONZALEZ re: Oral Argument. Service: 1/22/99 (JT)
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                            Blank 53 Filed: 1/26/1999, Entered: 5/13/1999 Remark
                            JUDGMENT entered, pursuant to Rule 58, that plaintiff shall recover back pay and allowance of and from the United States the sum of $122,010.46, for the period of August 18, 1995 until September 30, 1998. Plaintiff shall be awarded additional back pay and allowances for the period from September 30, 1998 until such time as he re-enters active duty. Plaintiff will be credited with 60 days accrued leave. Plaintiff shall be returned to active duty not sooner than fifteen (15) days after entry of final judgment of this Court. Currently, no adverse actions are pending against plaintiff by the United States Army and, as such, there are no current "flags" preventing favorable military personnel actions. Plaintiff will be considered, and/or reconsidered, as may be appropriate, for schools, promotions, and other professional advancement within the Army consistent with continuous service from August 18, 1995. [Entry date: 01/29/99] VACATED BY ORDER OF 05/12/99. (LD)
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                              Blank 52 Filed: 1/26/1999, Entered: 1/26/1999 Court Filing
                              ORDER directing the clerk to enter judgment pursuant to the court's order of July 1, 1998 and the joint stipulation of damages filed November 3, 1998. ( signed by Sr. Judge Lawrence S. Margolis ) Copy to parties. (LD)
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                                Blank -- Filed: 1/26/1999, Entered: 1/26/1999
                                Case closed (LD)
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                                  Blank 50 Filed: 11/3/1998, Entered: 11/5/1998 Stipulation
                                  Stipulation by VICTOR A. GONZALEZ, USA of damages. (DS)
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                                    Blank 49 Filed: 11/3/1998, Entered: 11/5/1998 OrderCourt Filing
                                    ORDER granting [48-1] motion for Leave to file stipulation of damages ( signed by Sr. Judge Lawrence S. Margolis ) Copy to parties. (DS)
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                                      Blank 51 Filed: 11/2/1998, Entered: 11/5/1998 OrderCourt Filing
                                      ORDER granting [46-1] motion to Extend Time to file the parties' stipulation of damages, granting [47-1] motion to Extend Time to file stipulation of damages ( signed by Sr. Judge Lawrence S. Margolis ) Copy to parties. (DS)
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                                        Blank 48 Filed: 10/30/1998, Entered: 11/3/1998, Terminated: 11/3/1998 Terminated:
                                        MOTION by USA (Service : 10/30/98 ) for Leave to file stipulation of damages . Response due: 11/16/98. (FE)
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                                          Blank 47 Filed: 10/27/1998, Entered: 10/30/1998 Terminated:
                                          MOTION by USA (Service : 10/27/98 ) to Extend Time to file stipulation of damages , (until November 6, 1998) out of time. Response due: 11/27/98. (FE)
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                                            Blank 46 Filed: 9/29/1998, Entered: 10/1/1998, Terminated: 11/2/1998 Terminated:
                                            MOTION by USA (Service : 9/29/98 ) to Extend Time to file the parties' stipulation of damages , (until October 14, 1998). Response due: 10/16/98. (FE)
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                                              Blank 45 Filed: 9/25/1998, Entered: 9/26/1998 Reply to Response to MotionCourt Filing
                                              REPLY by VICTOR A. GONZALEZ to response to [36-1] motion for Attorney Fees, filed by leave of the Judge. Service: 9/16/98 (HW)
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                                                Blank 44 Filed: 9/3/1998, Entered: 9/8/1998 OrderCourt Filing
                                                ORDER granting [43-1] motion to Extend Time to file Stipulation of damages. Reset Notice of Compliance deadline to 9/30/98 for the parties to file a stipulation of damages. ( signed by Sr. Judge Lawrence S. Margolis ) Copy to parties. (JT)
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                                                  Blank 43 Filed: 8/31/1998, Entered: 9/1/1998, Terminated: 9/3/1998 Terminated:
                                                  MOTION by USA (Service: 8/31/98) to Extend Time to file Stipulation of damages until 9/30/98. (FE)
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                                                    Blank 42 Filed: 8/31/1998, Entered: 9/1/1998 Terminated:
                                                    RESPONSE by USA (Service: 8/31/98 ) to [36-1] motion for Attorney Fees. Reply due: 9/17/98 (JT)
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                                                      Blank 41 Filed: 8/27/1998, Entered: 8/28/1998 Terminated: Court Filing
                                                      RESPONSE by VICTOR A. GONZALEZ [MOOT] (Service: 8/25/98 ) to [37-1] motion to Extend Time to respond to motion for attorney's fee's, filed by leaave of the Judge. (HW)
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                                                        Blank 40 Filed: 8/24/1998, Entered: 8/25/1998 OrderCourt Filing
                                                        ORDER granting [37-1] motion to Extend Time to respond to motion for attorneys' fees. Defendant's response to [36-1] motion for Attorney Fees reset to 8/31/98. ( signed by Sr. Judge Lawrence S. Margolis ) Copy to parties. (JT) Modified on 08/25/1998
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                                                          Blank 39 Filed: 8/21/1998, Entered: 8/21/1998
                                                          NOTICE of Attorney Appearance for USA by David Charles Hoffman. Service : 8/20/98 (AB)
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                                                            Blank 38 Filed: 8/19/1998, Entered: 8/20/1998 MemorandumCourt Filing
                                                            Net Worth Statement by VICTOR A. GONZALEZ re: [36-1] motion for Attorney Fees by VICTOR A. GONZALEZ. Filed by leave of the Judge. (JT)
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                                                              Blank 37 Filed: 8/17/1998, Entered: 8/18/1998, Terminated: 8/24/1998 Terminated:
                                                              MOTION by USA (Service : 8/17/98 ) to Extend Time to respond to motion for attorney's fee's , (until 8/31/98). Response due: 9/17/98 (FE)
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                                                                Blank 36 Filed: 7/30/1998, Entered: 8/3/1998 Terminated:
                                                                MOTION by VICTOR A. GONZALEZ (Service : 7/29/98 ) for Attorney Fees . Response due: 8/19/98. (HW)
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                                                                  Blank 35 Filed: 7/15/1998, Entered: 7/15/1998
                                                                  TRANSCRIPT of proceedings 1 volume, at Washington, D.C., for date of June 30, 1998. Notice to parties. (FE)
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                                                                    Blank 34 Filed: 7/1/1998, Entered: 7/7/1998 OrderCourt Filing
                                                                    ORDER granting [18-1] cross motion, denying [8-1] motion for Summary Judgment upon the administrative record. Set Notice of Compliance deadline to 8/31/98 for the parties to file a stipulation of damages with the court. ( signed by Senior Judge Lawrence S. Margolis ) Copy to parties. (JT)
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                                                                      Blank 33 Filed: 7/1/1998, Entered: 7/1/1998
                                                                      TRANSCRIPT of proceedings 1 volume, at Washington, D.C., for date of June 30, 1998. Notice to parties. (FE)
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                                                                        Blank -- Filed: 6/30/1998, Entered: 7/1/1998 Oral Argument
                                                                        Oral Argument re: [18-1] cross motion by VICTOR A. GONZALEZ ( Transcript due 7/30/98 ), [8-1] motion for Summary Judgment upon the administrative record by USA ( Transcript due 7/30/98 ) (DS)
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                                                                          Blank 32 Filed: 5/4/1998, Entered: 5/5/1998 OrderCourt Filing
                                                                          ORDER granting [26-1] motion to Supplement the Record. ( Signed by Senior Judge Lawrence S. Margolis. ) Copy to parties. (CDC)
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                                                                            Blank 31 Filed: 5/1/1998, Entered: 5/5/1998 OrderCourt Filing
                                                                            ORDER oral argument set for 11:00 6/30/98 for [18-1] cross motion, set for 11:00 6/30/98 for [8-1] motion for Summary Judgment upon the administrative record ( Signed by Senior Judge Lawrence S. Margolis. ) Copy to parties. (CDC)
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                                                                              Blank 30 Filed: 5/1/1998, Entered: 5/5/1998 OrderCourt Filing
                                                                              ORDER granting [19-1] motion for Leave to supplement the administrative record. ( signed by Senior Judge Lawrence S. Margolis ) Copy to parties. (HW)
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                                                                                Blank 29 Filed: 5/1/1998, Entered: 5/5/1998 OrderCourt Filing
                                                                                ORDER granting [28-1] motion for Leave to File Out of Time Response to Motion to Supplement Administrative Record. ( signed by Senior Judge Lawrence S. Margolis ) Copy to parties. (HW)
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                                                                                  Blank 28 Filed: 4/21/1998, Entered: 4/24/1998, Terminated: 5/1/1998 Terminated:
                                                                                  MOTION by USA (Service : 4/21/98 ) for Leave to File Out of Time Response to Motion to Supplement Administrative Record. Response due: 5/8/98 (JT)
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                                                                                    Blank 27 Filed: 4/13/1998, Entered: 4/14/1998 OrderCourt Filing
                                                                                    ORDER granting [24-1] motion to Extend Time to reply to response to cross-motion for judgment on the administrative record. Reponse is due on April 10, 1998. ( signed by Senior Judge Lawrence S. Margolis ) Copy to parties. (JT)
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                                                                                      Blank 26 Filed: 4/10/1998, Entered: 4/13/1998, Terminated: 5/4/1998 Terminated:
                                                                                      MOTION by VICTOR A. GONZALEZ (Service : 4/9/98 ) to Supplement the Record. Response due: 4/27/98 (JT)
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                                                                                        Blank 25 Filed: 4/10/1998, Entered: 4/13/1998 Reply to Response to Motion
                                                                                        REPLY by VICTOR A. GONZALEZ to response to [18-1] cross motion. Service: 4/9/98 (JT)
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                                                                                          Blank 24 Filed: 4/9/1998, Entered: 4/10/1998, Terminated: 4/13/1998 Terminated:
                                                                                          MOTION by VICTOR A. GONZALEZ (Service : 4/8/98 ) to Extend Time to reply to response to cross-motion for judgment on the administrative record [until April 10, 1998.] Response due: 4/27/98 (CDC)
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                                                                                            Blank 23 Filed: 3/17/1998, Entered: 3/20/1998 OrderCourt Filing
                                                                                            ORDER granting [22-1] motion to Extend Time to respond to Defendant's Reply in Support of Motion for Judgment on the Administrative Record and Response to Cross-Motion for Judgment on the Administrative Record Reply to Response to Motion reset to 4/9/98 for [18-1] cross motion. ( signed by Senior Judge Lawrence S. Margolis ) Copy to parties. (JT)
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                                                                                              Blank 22 Filed: 3/13/1998, Entered: 3/16/1998, Terminated: 3/17/1998 Terminated:
                                                                                              MOTION by VICTOR A. GONZALEZ (Service : 3/12/98 ) to Extend Time to respond to Defendant's Reply in Support of Motion for Judgment on the Administrative Record and Response to Cross-Motion for Judgment on the Administrative Record [to April 9, 1998]. Response due: 3/30/98 (JT)
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                                                                                                Blank 21 Filed: 3/2/1998, Entered: 3/3/1998 Terminated:
                                                                                                RESPONSE by USA (Service: 3/2/98 ) to [18-1] cross motion. Reply due: 3/19/98 (DS)
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                                                                                                  Blank 20 Filed: 3/2/1998, Entered: 3/3/1998 Statement of Facts
                                                                                                  COUNTER-STATEMENT OF FACTS filed by USA. Service: 3/2/98 (DS)
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                                                                                                    Blank 19 Filed: 1/29/1998, Entered: 2/2/1998, Terminated: 5/1/1998 Terminated:
                                                                                                    MOTION by VICTOR A. GONZALEZ (Service : 1/28/98 ) for Leave to supplement the administrative record. Response due: 2/17/98 (DS)
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                                                                                                      Blank 18 Filed: 1/29/1998, Entered: 2/2/1998, Terminated: 7/1/1998 Terminated:
                                                                                                      CROSS MOTION by VICTOR A. GONZALEZ ( Service: 1/28/98 ) and RESPONSE to [8-1] motion for Summary Judgment upon the administrative record by USA. Response due: 3/2/98 (DS) Modified on 02/02/1998
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                                                                                                        Blank 17 Filed: 1/29/1998, Entered: 2/2/1998 Statement of Facts
                                                                                                        COUNTER-STATEMENT OF FACTS filed by VICTOR A. GONZALEZ Service: 1/28/98 (DS)
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                                                                                                          Blank 16 Filed: 1/29/1998, Entered: 2/2/1998 Proposed Additional Facts
                                                                                                          PROPOSED ADDITIONAL FACTS filed by VICTOR A. GONZALEZ Service: 1/28/98 (DS)
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                                                                                                            Blank -- Filed: 1/29/1998, Entered: 2/2/1998 Set/Reset Deadlines:
                                                                                                            Deadline updated; Response to [18-1] cross motion reset to 3/2/98 (DS)
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                                                                                                              Blank 15 Filed: 1/22/1998, Entered: 1/28/1998 OrderCourt Filing
                                                                                                              ORDER granting [14-1] motion to Extend Time to respond to defendant's motion for judgment Response to [8-1] motion for Summary Judgment upon the administrative record reset to 1/29/98 ( signed by Senior Judge Lawrence S. Margolis ) Copy to parties. (CDC)
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                                                                                                                Blank 14 Filed: 1/20/1998, Entered: 1/23/1998, Terminated: 1/22/1998 Terminated:
                                                                                                                MOTION by VICTOR A. GONZALEZ (Service : 1/16/98 ) to Extend Time to respond to defendant's motion for judgment [to January 29, 1997]. Response due: 2/2/98 (JT)
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                                                                                                                  Blank 13 Filed: 12/16/1997, Entered: 1/7/1998 OrderCourt Filing
                                                                                                                  ORDER granting [12-1] motion to Extend Time to respond to defendant's motion for judgment on the administrative record Response to [8-1] motion for Summary Judgment upon the administrative record reset to 1/23/98 ( signed by Senior Judge Lawrence S. Margolis ) Copy to parties. (CDC)
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                                                                                                                    Blank 12 Filed: 12/12/1997, Entered: 12/23/1997, Terminated: 12/16/1997 Terminated:
                                                                                                                    MOTION by VICTOR A. GONZALEZ (Service : 12/11/97 ) to Extend Time to respond to defendant's motion for judgment on the administrative record [to January 23, 1997] Response due: 12/29/97 (JT)
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                                                                                                                      Blank 11 Filed: 11/21/1997, Entered: 12/4/1997 OrderCourt Filing
                                                                                                                      ORDER granting [10-1] motion to Extend Time to respond to motion for judgment on the administrative record Response to [8-1] motion for Summary Judgment upon the administrative record reset to 12/17/97 ( signed by Judge Lawrence S. Margolis ) Copy to parties. (CDC)
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                                                                                                                        Blank 10 Filed: 11/12/1997, Entered: 11/24/1997, Terminated: 11/21/1997 Terminated:
                                                                                                                        MOTION by VICTOR A. GONZALEZ (Service : 11/6/97 ) to Extend Time to respond to motion for judgment on the administrative record (to December 17, 1997). (DS)
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                                                                                                                          Blank 9 Filed: 10/24/1997, Entered: 11/4/1997 OrderCourt Filing
                                                                                                                          ORDER granting [7-1] motion for Leave to File administrative record ( signed by Judge Lawrence S. Margolis ) Copy to parties. (DS)
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                                                                                                                            Blank 8 Filed: 10/17/1997, Entered: 10/20/1997 Terminated:
                                                                                                                            MOTION by USA (Service : 10/17/97 ) for Summary Judgment upon the administrative record . Response due: 11/17/97 (HW)
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                                                                                                                              Blank 7 Filed: 10/17/1997, Entered: 10/20/1997, Terminated: 10/24/1997 Terminated:
                                                                                                                              MOTION by USA (Service: 10/17/97) for Leave to File administrative record . Response due: 11/3/97. (HW)
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                                                                                                                                Blank 6 Filed: 10/17/1997, Entered: 10/20/1997 Statement of Facts
                                                                                                                                STATEMENT OF FACTS filed by USA. Service: 10/17/97. (HW)
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                                                                                                                                  Blank 5 Filed: 10/1/1997, Entered: 10/8/1997 OrderCourt Filing
                                                                                                                                  ORDER granting [4-1] motion to Extend Time to October 17, 1997, to respond to the Complaint. reset Answer deadline to 10/17/97 ( signed by Judge Lawrence S. Margolis ) Copy to parties. (DS)
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                                                                                                                                    Blank 4 Filed: 9/30/1997, Entered: 10/1/1997, Terminated: 10/1/1997 Terminated:
                                                                                                                                    MOTION by USA (Service : 9/30/97 ) to Extend Time to October 17, 1997, to respond to the Complaint. Response due: 10/17/97 (CDC)
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                                                                                                                                      Blank 3 Filed: 8/26/1997, Entered: 8/27/1997 Notice of Appearance/
                                                                                                                                      NOTICE of Attorney Appearance for USA by Lee McWethy Straus Service : 8/25/97 (DS)
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                                                                                                                                        Blank 2 Filed: 8/4/1997, Entered: 8/5/1997 Case Assigned/ReassignedCourt Filing
                                                                                                                                        Notice of assignment to Judge Lawrence S. Margolis. Copy to parties. (FE)
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                                                                                                                                          Blank 1 Filed: 8/4/1997, Entered: 8/5/1997 Complaint
                                                                                                                                          COMPLAINT, FILING FEE $120, RECEIPT #043948. Answer due on 10/3/97. (FE)
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