MARTINEZ v. USA
Federal Civil Lawsuit United States Court of Federal Claims, Case No. 1:98-cv-00662-JFM
District Judge James F. Merow, presiding

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No Logo GABRIEL J. MARTINEZ, 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"

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Name Phone Fax E-Mail
Space Aileen Marie Bell +1 800 842 7303
Office COFC
Filed 8/17/1998
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 8/9/1999
Origin 1
Reopened None
Lead Case None
Related Case
Other Court Case None
Def Custody Status
Flag CLOSED
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Blank 21 Filed: 8/8/2003, Entered: 8/11/2003 CAFC Mandate Affirming
MANDATE of CAFC affirming [18] Order, directing the Clerk of the Court to enter Judgment in this case.(hw1, )
    LREF
    Blank -- Filed: 9/30/1999, Entered: 10/8/1999 Terminated:
    CAFC Case Number Re: [20-1] appeal by GABRIEL J. MARTINEZ. CAFC NUMBER: 99-5163. (HW)
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      Blank 20 Filed: 9/2/1999, Entered: 9/2/1999, Terminated: 8/8/2003 Notice of AppealCourt Filing
      NOTICE OF APPEAL by GABRIEL J. MARTINEZ. Copy to Defendant, Judge Merow and to CAFC. FILING FEE $ 105.00; RECEIPT # 048217. (HW)
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        Blank 19 Filed: 8/9/1999, Entered: 8/9/1999
        JUDGMENT entered, pursuant to Rule 58, that the complaint is dismissed. Each party mst bear its own costs. (signed by Clerk). Copy to parties. (LD)
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          Blank 18 Filed: 8/9/1999, Entered: 8/9/1999 Court Filing
          ORDER concluding that plaintiff's cause of action accrued no later than February 25, 1992. Therefore, pursuant to 28 U.S.C. Sec. 2501, plaintiff was required tofile his complaint on or before February 25, 1998. Since plaintiff did not file until August 17, 1998, his action is barred by the statute of limitations and must be dismissed. Accordingly, [10-1] defendant's motion to Dismiss is granted and the clerk is directed to dismiss the complaint Defendant's alternative motion for judgment upon the administrative record is denied as moot, plaintiff's [14-1] motion for summary judgment is denied. ( signed by Sr. Judge James F. Merow ) Copy to parties. (LD)
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            Blank -- Filed: 8/9/1999, Entered: 8/9/1999
            Case closed (LD)
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              Blank 17 Filed: 3/1/1999, Entered: 3/3/1999 Terminated:
              RESPONSE by USA (Service: 3/1/99 ) to [14-1] cross motion. Reply due: 3/18/99 (JT)
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                Blank 16 Filed: 1/26/1999, Entered: 1/28/1999 OrderCourt Filing
                ORDER granting [15-1] motion to Extend Time to file reply to opposition to motion to dismiss or, in the alternative, for judgment on the administrative record Reply to Response to Motion reset to 3/1/99 for [10-1] motion to Dismiss, or, in the alternative for judgment upon the administrative record ( signed by Sr. Judge James F. Merow ). Copy to parties. (FE)
                  LREF
                  Blank 15 Filed: 1/25/1999, Entered: 1/26/1999, Terminated: 1/26/1999 Terminated:
                  MOTION by USA (Service : 1/25/99 ) to Extend Time to file reply to opposition to motion to dismiss or, in the alternative, for judgment on the administrative record , (until March 1, 1999). Response due: 2/25/99. (FE)
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                    Blank 13 Filed: 1/19/1999, Entered: 1/19/1999
                    STATEMENT OF FACTS filed by GABRIEL J. MARTINEZ. Service: 1/11/99 (JT)
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                      Blank 14 Filed: 1/14/1999, Entered: 3/3/1999 Terminated:
                      CROSS MOTION by GABRIEL J. MARTINEZ ( Service: 1/11/99 ) and RESPONSE to [10-1] motion to Dismiss, or, in the alternative for judgment upon the administrative record by USA. Response due: 2/11/99 (JT) Modified on 03/03/1999
                        LREF
                        Blank 12 Filed: 1/14/1999, Entered: 1/19/1999 OrderCourt Filing
                        ORDER granting [11-1] motion for Leave to file motion for summary judgment. ( signed by Sr. Judge James F. Merow ) Copy to parties. (JT)
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                          Blank 11 Filed: 1/12/1999, Entered: 1/14/1999, Terminated: 1/14/1999 Terminated:
                          MOTION by GABRIEL J. MARTINEZ (Service : 1/11/99 ) for Leave to file motion for summary judgment . Response due: 1/28/99. (FE)
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                            Blank 11 Filed: 1/12/1999, Entered: 1/14/1999, Terminated: 1/14/1999 Terminated:
                            MOTION by GABRIEL J. MARTINEZ (Service : 1/11/99 ) for Leave to file opposition to motion to dismiss or in the alternative for judgment on the administrative record . Response due: 1/28/99. (FE)
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                              Blank 8 Filed: 11/25/1998, Entered: 12/1/1998 Administrative RecordCourt Filing
                              Administrative record filed by USA, filed by leave of the Judge. Service: 11/25/98. (HW)
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                                Blank 10 Filed: 11/23/1998, Entered: 12/1/1998, Terminated: 8/9/1999 Terminated:
                                MOTION by USA (Service : 11/23/98 ) to Dismiss, or, in the alternative for judgment upon the administrative record . Response due: 12/24/98. (FE)
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                                  Blank 9 Filed: 11/23/1998, Entered: 12/1/1998 Statement of Facts
                                  STATEMENT OF FACTS filed by USA. Service: 11/23/98. (FE)
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                                    Blank 7 Filed: 11/16/1998, Entered: 11/18/1998 OrderCourt Filing
                                    ORDER granting [6-1] motion to Extend Time to respond to complaint ( signed by Sr. Judge James F. Merow ). Copy to parties. (FE)
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                                      Blank -- Filed: 11/16/1998, Entered: 11/18/1998 Set/Reset Deadlines:
                                      Deadline updated; Answer deadline to 11/23/98 . (FE)
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                                        Blank 6 Filed: 11/10/1998, Entered: 11/13/1998, Terminated: 11/16/1998 Terminated:
                                        MOTION by USA (Service : 11/10/98 ) to Extend Time to respond to complaint , (until November 23, 1998). Response due: 12/11/98. (FE)
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                                          Blank 5 Filed: 10/7/1998, Entered: 10/8/1998 Order
                                          ORDER granting [4-1] motion to Extend Time to respond to the complaint. reset Answer deadline to 11/16/98 ( signed by the Acting Clerk ) Copy to parties. (DS)
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                                            Blank 4 Filed: 10/7/1998, Entered: 10/8/1998, Terminated: 10/7/1998 Terminated:
                                            MOTION by USA (Service : 10/7/98 ) to Extend Time to respond to the complaint. (to November 16, 1998) (DS)
                                              LREF
                                              Blank 3 Filed: 9/4/1998, Entered: 9/9/1998 Notice of Appearance/
                                              NOTICE of Attorney Appearance for USA by Aileen Marie Bell. Service : 9/4/98. (HW)
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                                                Blank 2 Filed: 8/17/1998, Entered: 8/18/1998 Case Assigned/ReassignedCourt Filing
                                                Notice of assignment to Sr. Judge James F. Merow. Copy to parties. (FE)
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                                                  Blank 1 Filed: 8/17/1998, Entered: 8/18/1998 Complaint
                                                  COMPLAINT, FILING FEE $120, RECEIPT #046013. Answer due on 10/16/98. (FE)
                                                    LREF

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