DUARTE v. USA
Federal Civil Lawsuit United States Court of Federal Claims, Case No. 1:98-cv-00329-JFM
District Judge James F. Merow, presiding

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No Logo NIAMA MARSH DUARTE, Plaintiff

Toggle Switch Represented by King Horsley & Lyons LLC

Name Phone Fax E-Mail
Space John Bennett Wells +1 985 641 1855 +1 985 649 1536 JohnLawEsq@msn.com
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 Laurence Joel Freedman +1 202 616 0345
Office COFC
Filed 4/13/1998
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 7/19/1999
Origin 1
Reopened None
Lead Case None
Related Case
Other Court Case None
Def Custody Status
Flag CLOSED
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Blank 40 Filed: 11/1/1999, Entered: 11/3/1999 CAFC Mandate Dismissing
MANDATE (certified copy) from CAFC dated November 1, 1999 dismissed [39-1] appeal by NIAMA MARSH DUARTE. (HW)
    LREF
    Blank -- Filed: 9/23/1999, Entered: 9/24/1999 CAFC Case Number
    CAFC Case Number Re: [39-1] appeal by NIAMA MARSH DUARTE CAFC NUMBER: 99-5155. (HW)
      LREF
      Blank 39 Filed: 9/14/1999, Entered: 9/14/1999, Terminated: 11/1/1999 Notice of AppealCourt Filing
      NOTICE OF APPEAL by NIAMA MARSH DUARTE. Copy to Defendant, Judge Merow and to CAFC. FILING FEE $ 105.00; RECEIPT # 048280. (HW)
        LREF
        Blank 38 Filed: 8/24/1999, Entered: 8/24/1999 Court Filing
        ORDER denying [36-1] motion for Reconsideration/Rehearing Pursuant to Rule 59 re: [34-1] judgment order. ( signed by Sr. Judge James F. Merow ) Copy to parties. (JT)
          LREF
          Blank 37 Filed: 8/6/1999, Entered: 8/9/1999 Response to MotionCourt Filing
          RESPONSE by USA (Service: 8/5/99 ) to [36-1] motion for Reconsideration/Rehearing Pursuant to Rule 59 re: [34-1] judgment order. Filed by leave of the Judge. (JT)
            LREF
            Blank 36 Filed: 7/29/1999, Entered: 7/29/1999, Terminated: 8/24/1999 Motion for Reconsideration - Rule 59(a)Court Filing
            MOTION by NIAMA MARSH DUARTE (Service : 7/22/99 ) for Reconsideration/Rehearing Pursuant to Rule 59 re: [34-1] judgment order. Filed by leave of the Judge. (JT)
              LREF
              Blank 35 Filed: 7/19/1999, Entered: 7/20/1999 OrderCourt Filing
              ORDER denying [29-1] motion to supplement the administrative record (signed by Sr. Judge James F. Merow). Copy to parties. (FE)
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                Blank 34 Filed: 7/19/1999, Entered: 7/19/1999
                JUDGMENT entered, pursuant to Rule 58, that the complaint is dismissed. (signed by Clerk). Copy to parties. (LD)
                  LREF
                  Blank 33 Filed: 7/19/1999, Entered: 7/19/1999 Court Filing
                  ORDER concluding tha plaintiff's allegations challenging the merits of the Navy's decision to discharge her on the basis of personality disorder are non-justiciable. With respect to the remainder of plaintiff's allegations, it is concluded that plaintiff has not established, by cogent and clearly convincing evidence, that the decision of the BCNR was arbitrary, capricious, unsupported by substantial evidence, or contrary to law. Accordingly it is ordered: 1) the Complaint is dismissed for failure to state a claims for which relief can be granted, to the extent it challenges the merits of the Navy's decision to discharge plaintiff on the basis of personality disorder; 2) Except as provided in (1), defendant's [10-1] motion to Dismiss pursuant to RCFC 12(b)(4) is denied, with respect to the remaining allegations in the complaint, defendant is entitled to judgment on the administrative record as a matter of law. Accordingly, defendant's July 28, 1998 [10-2] alternative motion for Judgment upon the Administrative Record is granted. The clerk is directed to enter final judgment in defendant's favor dismissing the remaining allegations in the complaint. Plaintiff's [16-1] September 14, 1998 cross motion for judgment on the Administrative Record is denied. ( signed by Sr. Judge James F. Merow ) Copy to parties. (LD)
                    LREF
                    Blank -- Filed: 7/19/1999, Entered: 7/19/1999
                    Case closed (LD)
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                      Blank 32 Filed: 1/4/1999, Entered: 1/6/1999 Reply to Response to Motion
                      REPLY by NIAMA MARSH DUARTE to response to [29-1] motion to supplement the administrative record. Service: 12/28/98. (FE)
                        LREF
                        Blank 31 Filed: 12/28/1998, Entered: 12/30/1998 Notice of Appearance/
                        NOTICE of Attorney Appearance for USA by Laurence Joel Freedman. Service : 12/24/98 (JT)
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                          Blank 30 Filed: 12/22/1998, Entered: 12/23/1998 Terminated:
                          RESPONSE by USA (Service: 12/22/98 ) to [29-1] motion to supplement the administrative record. Reply due: 1/11/99 (JT)
                            LREF
                            Blank 29 Filed: 12/15/1998, Entered: 12/15/1998, Terminated: 7/19/1999 Motion for Miscellaneous Relief
                            MOTION by NIAMA MARSH DUARTE (Service : 12/14/98 ) to supplement the administrative record , supplement included. Response due: 12/28/98. (FE)
                              LREF
                              Blank 28 Filed: 12/15/1998, Entered: 12/15/1998
                              REPLY by NIAMA MARSH DUARTE to response to [16-1] cross motion. Service: 12/14/98. (FE)
                                LREF
                                Blank 27 Filed: 12/1/1998, Entered: 12/7/1998 Terminated:
                                RESPONSE by NIAMA MARSH DUARTE (Service: 11/30/98 ) to [24-1] motion for Leave to file Motion to Extend. Reply due: 12/14/98. (HW)
                                  LREF
                                  Blank 26 Filed: 11/30/1998, Entered: 12/7/1998 Terminated:
                                  RESPONSE by USA (Service: 11/30/98 ) to [16-1] cross motion. Reply due: 12/17/98 (JT)
                                    LREF
                                    Blank 25 Filed: 11/25/1998, Entered: 12/4/1998 OrderCourt Filing
                                    ORDER granting [24-1] motion for Leave to file Motion to Extend, granting [24-2] motion to Extend Time to file Consolidated Reply to November 27, 1998. ( signed by Sr. Judge James F. Merow ) Copy to parties. (JT)
                                      LREF
                                      Blank 24 Filed: 11/20/1998, Entered: 11/30/1998, Terminated: 11/25/1998 Terminated:
                                      MOTION by USA (Service: 11/20/98) for Leave to file Motion to Extend , and to Extend Time to file Consolidated Reply Response due: 12/7/98. (FE)
                                        LREF
                                        Blank 23 Filed: 11/3/1998, Entered: 11/5/1998 OrderCourt Filing
                                        ORDER granting [22-1] motion to Extend Time to file consolidated reply Response to [16-1] cross motion reset to 11/13/98 ( signed by Sr. Judge James F. Merow ) Copy to parties. (DS)
                                          LREF
                                          Blank 22 Filed: 10/30/1998, Entered: 11/3/1998, Terminated: 11/3/1998 Terminated:
                                          MOTION by USA (Service : 10/30/98 ) to Extend Time to file consolidated reply , (until November 13, 1998). Response due: 11/30/98. (FE)
                                            LREF
                                            Blank 21 Filed: 10/13/1998, Entered: 10/19/1998 OrderCourt Filing
                                            ORDER granting [20-1] motion to Extend Time within which to file a consolidated reply. Defendant's response to [16-1] cross motion reset to 10/30/98 and Defendant's reply to response to motion reset to 10/30/98 for [10-1] motion to dismiss. ( signed by Sr. Judge James F. Merow ) Copy to parties. (JT)
                                              LREF
                                              Blank 20 Filed: 10/8/1998, Entered: 10/14/1998, Terminated: 10/13/1998 Terminated:
                                              MOTION by USA (Service : 10/8/98 ) to Extend Time within which to file a consolidated reply , (until October 30, 1998). Response due: 10/22/98. (HW)
                                                LREF
                                                Blank 19 Filed: 10/1/1998, Entered: 10/5/1998 OrderCourt Filing
                                                ORDER denying as moot [18-1] motion to Extend Time to file a consolidated reply ( signed by Sr. Judge James F. Merow ) Copy to parties. (CDC)
                                                  LREF
                                                  Blank 18 Filed: 9/29/1998, Entered: 10/1/1998, Terminated: 10/1/1998 Terminated:
                                                  MOTION by USA (Service : 9/29/98 ) to Extend Time to file a consolidated reply , (until October 13, 1998). Response due: 10/30/98. (FE)
                                                    LREF
                                                    Blank 17 Filed: 9/14/1998, Entered: 9/30/1998 Terminated:
                                                    RESPONSE by NIAMA MARSH DUARTE (Service: 9/9/98 ) to [10-1] motion to Dismiss. Filed by leave of the judge. Reply due: 9/28/98 (AB)
                                                      LREF
                                                      Blank 16 Filed: 9/14/1998, Entered: 9/30/1998 Terminated:
                                                      CROSS MOTION by NIAMA MARSH DUARTE ( Service: 9/9/98 ) and RESPONSE to [10-2] motion Judgment on the Administrative Record by USA. Filed by leave of the judge. Response due: 10/12/98. (AB)
                                                        LREF
                                                        Blank 15 Filed: 9/14/1998, Entered: 9/17/1998 Statement of FactsCourt Filing
                                                        STATEMENT OF FACTS filed by NIAMA MARSH DUARTE, by leave of the Judge. Service: 9/9/98. (HW)
                                                          LREF
                                                          Blank 13 Filed: 8/10/1998, Entered: 8/12/1998 OrderCourt Filing
                                                          ORDER granting [12-1] motion to Extend Time to file a response to defendants' motion to dismiss or for judgement upon the administrative record. Response to [10-1] motion to Dismiss reset to 9/30/98, [10-2] motion Judgment on the Administrative Record. reset to 9/30/98 ( Signed by Sr. Judge James F. Merow ) Copy to parties. (CDC)
                                                            LREF
                                                            Blank 12 Filed: 8/7/1998, Entered: 8/12/1998, Terminated: 8/10/1998 Terminated:
                                                            MOTION by NIAMA MARSH DUARTE (Service : 8/6/98 ) to Extend Time to file a response to defendants' motion to dismiss or for judgement upon the administrative record. [09/30/98] (FE)
                                                              LREF
                                                              Blank 11 Filed: 7/28/1998, Entered: 7/30/1998 Statement of Facts
                                                              STATEMENT OF FACTS filed by USA. Service: 7/28/98 (JT)
                                                                LREF
                                                                Blank 10 Filed: 7/28/1998, Entered: 7/30/1998, Terminated: 7/19/1999 Terminated:
                                                                MOTION by USA (Service : 7/28/98 ) to Dismiss or for Judgment on the Administrative Record. Response due: 8/28/98 (JT)
                                                                  LREF
                                                                  Blank 9 Filed: 7/9/1998, Entered: 7/9/1998 Court Filing
                                                                  ORDER granting [8-1] motion for Leave to File Extracts from the Official Military Personnel Files of Niama Duarte, granting [8-2] motion for Waiver of Duplication requirements. ( signed by Judge James F. Merow ) Copy to parties. (JT)
                                                                    LREF
                                                                    Blank 8 Filed: 7/8/1998, Entered: 7/9/1998, Terminated: 7/9/1998 Terminated:
                                                                    MOTION by USA (Service : 7/8/98 ) for Leave to File Extracts from the Official Military Personnel Files of Niama Duarte and for Waiver of Duplication requirements. Response due: 7/24/98 (JT)
                                                                      LREF
                                                                      Blank 7 Filed: 6/2/1998, Entered: 6/4/1998 OrderCourt Filing
                                                                      ORDER granting [6-1] motion to Extend Time to file a response to the complaint. Reset Answer deadline to 7/28/98. ( signed by Judge James F. Merow ) Copy to parties. (JT)
                                                                        LREF
                                                                        Blank 6 Filed: 6/1/1998, Entered: 6/3/1998, Terminated: 6/2/1998 Terminated:
                                                                        MOTION by USA (Service : 6/1/98 ) to Extend Time to file a response to the complaint [to July 28, 1998]. Response due: 6/18/98 (JT)
                                                                          LREF
                                                                          Blank 5 Filed: 4/30/1998, Entered: 5/4/1998 Notice of Appearance/
                                                                          NOTICE of Attorney Appearance for USA by Peter Stuart Levitt Service : 4/30/98 (CDC)
                                                                            LREF
                                                                            Blank 4 Filed: 4/13/1998, Entered: 4/14/1998 Terminated:
                                                                            MOTION by NIAMA MARSH DUARTE (Service: 4/13/98) for Leave to File Administrative Record Response due: 4/30/98. (FE)
                                                                              LREF
                                                                              Blank 3 Filed: 4/13/1998, Entered: 4/14/1998 Notice of Related Cases
                                                                              NOTICE by NIAMA MARSH DUARTE of no related cases. (FE)
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                                                                                Blank 2 Filed: 4/13/1998, Entered: 4/14/1998 Case Assigned/ReassignedCourt Filing
                                                                                Notice of assignment to Judge James F. Merow. Copy to parties. (FE)
                                                                                  LREF
                                                                                  Blank 1 Filed: 4/13/1998, Entered: 4/14/1998 Complaint
                                                                                  COMPLAINT, FILING FEE $120, RECEIPT #045324. Answer due on 6/12/98. (FE)
                                                                                    LREF

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