CLARY v. USA
Federal Civil Lawsuit United States Court of Federal Claims, Case No. 1:98-cv-00107-LAS
District Judge Loren A. Smith, presiding

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No Logo ROBERT W. CLARY, JR., Plaintiff

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Name Phone Fax E-Mail
Space William Emil Cassara +1 706 860 5769 bill@williamcassara.com
v.
United States of America United States of America, Defendant
Officially listed as "USA"

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Name Phone Fax E-Mail
Space Patrick Thomas Murphy
Office COFC
Filed 2/11/1998
Jury Demand
Demand $10000
Nature of Suit 352 - Military Pay - Retirement
Cause Section 28 U.S.C. § 1491 Tucker Act
Jurisdiction U.S. Government Defendant
Disposition Preliminary Injunction
County
Terminated 4/18/2002
Origin 1
Reopened None
Lead Case None
Related Case
Other Court Case None
Def Custody Status
Flag CLOSED
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Blank 36 Filed: 8/15/2003, Entered: 8/29/2003 CAFC Mandate Affirming in Part/Reversing in Part
MANDATE of CAFC affirming in part and reversing in part [33] Published Decision, (hw1, )
    LREF
    Blank -- Filed: 6/28/2002, Entered: 7/2/2002 Terminated:
    CAFC Case Number Re: [35-1] appeal by USA. CAFC NUMBER: 02-5133 (HW)
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      Blank 35 Filed: 6/14/2002, Entered: 6/17/2002 Terminated: Court Filing
      NOTICE OF APPEAL by USA. Copy to ROBERT W. CLARY, JR., Seinor Judge Loren A. Smith and to CAFC. Fee not required. (HW)
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        Blank 34 Filed: 4/18/2002, Entered: 4/18/2002
        JUDGMENT entered,pursuant to RUle 58, that the plaintiff's record shall be corrected to show that he was retired under 10 U.S.C. Section 1186 and he shall receive back pay and interest for the period between his separation and the time he is placed on retirement. Each party shall bear its costs. (signed by Clerk). Copy to parties. (LD)
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          Blank 33 Filed: 4/18/2002, Entered: 4/18/2002 Court Filing
          PUBLISHED DECISION directing that plaintiff's record shall be corrected to show that he was retired under 10 U.S.C. Section 1186 and he shall receive back pay and interest for the period between his separation and the time he is placed on retirement. Each party shall bear its own costs. ( signed by Sr. Judge Loren A. Smith ). Copy to parties. (LD)
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            Blank -- Filed: 4/18/2002, Entered: 4/18/2002
            Case closed (LD)
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              Blank 32 Filed: 2/14/2000, Entered: 2/15/2000 Transcript
              TRANSCRIPT of proceedings 1 volume, at Washington, D.C., for date of January 13, 2000. Notice to parties. (FE)
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                Blank -- Filed: 1/13/2000, Entered: 1/13/2000
                Oral Argument re: [18-1] cross motion by ROBERT W. CLARY JR. ( Transcript due 2/14/00 ), [9-1] motion to Dismiss by USA ( Transcript due 2/14/00 ), [9-2] motion for Judgment Upon the Administrative Record. by USA ( Transcript due 2/14/00 ) (DS)
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                  Blank 31 Filed: 12/9/1999, Entered: 12/13/1999 OrderCourt Filing
                  ORDER oral argument set for 3:00 p.m., 1/13/00 for [9-1] motion to Dismiss, [9-2] motion for Judgment Upon the Administrative Record, and [18-1] cross motion. ( signed by Chief Judge Loren A. Smith ) Copy to parties. (JT)
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                    Blank 30 Filed: 11/5/1999, Entered: 11/10/1999 Terminated:
                    RESPONSE by USA (Service: 11/5/99 ) to [28-1] motion for Leave to file supplemental authority. Reply due: 11/22/99 (JT)
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                      Blank 29 Filed: 11/3/1999, Entered: 11/8/1999 Reply to Response to MotionCourt Filing
                      REPLY by ROBERT W. CLARY JR. to response to [18-1] cross motion. Filed by leave of the Judge. (JT)
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                        Blank 28 Filed: 11/3/1999, Entered: 11/5/1999 Terminated: Court Filing
                        MOTION by ROBERT W. CLARY JR. (Service: 10/22/99) for Leave to file supplemental authority , by leave of the Judge. Response due: 11/8/99. (FE)
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                          Blank 27 Filed: 10/1/1999, Entered: 10/6/1999 OrderCourt Filing
                          ORDER granting [26-1] motion to Extend Time to reply to response to cross-motion. Plaintiff's reply to response to motion reset to 10/15/99 for [18-1] cross motion. ( signed by Chief Judge Loren A. Smith ) Copy to parties. (JT)
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                            Blank 26 Filed: 9/28/1999, Entered: 9/30/1999, Terminated: 10/1/1999 Terminated:
                            MOTION by ROBERT W. CLARY JR. (Service : 9/23/99 ) to Extend Time to reply to response to cross-motion [until October 15, 1999]. Response due: 10/12/99 (JT)
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                              Blank 25 Filed: 9/2/1999, Entered: 9/2/1999 Court Filing
                              ORDER granting [24-1] motion for Leave to File response out of time. Plaintiff's reply to response to motion reset to 10/1/99 for [18-1] cross motion. ( signed by Chief Judge Loren A. ) Copy to parties. (JT)
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                                Blank 24 Filed: 9/1/1999, Entered: 9/2/1999, Terminated: 9/2/1999 Terminated:
                                MOTION by ROBERT W. CLARY JR. (Service : 8/27/99 ) for Leave to File response out of time. Response due: 9/13/99 (JT) Modified on 09/02/1999
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                                  Blank 23 Filed: 1/27/1999, Entered: 2/1/1999 Terminated:
                                  RESPONSE by USA to [19-1] statement facts (in support of his cross-motion for summary judgment upon the administration record) by ROBERT W. CLARY JR. Service: 1/27/99. (HW)
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                                    Blank 22 Filed: 1/27/1999, Entered: 1/29/1999 Terminated:
                                    RESPONSE by USA (Service: 1/27/99 ) to [18-1] cross motion. Reply due: 2/16/99 (JT)
                                      LREF
                                      Blank 21 Filed: 1/13/1999, Entered: 1/20/1999 OrderCourt Filing
                                      ORDER returning to Defendant their reply and opposition to Plaintiff's response and cross-motion for failure to comply with Rule 56.1(b). Set Notice of Compliance deadline to 1/27/99 for Defendant to resubmit with a counter-statement of facts. ( signed by Acting Chief Judge Christine O.C. Miller for Chief Judge Loren A. Smith ) Copy to parties. (JT)
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                                        Blank 20 Filed: 12/10/1998, Entered: 12/14/1998 OrderCourt Filing
                                        ORDER granting [17-1] motion to Extend Time to file responsive brief Reply to Response to Motion reset to 1/6/99 for [9-1] motion to Dismiss ( signed by Chief Judge Loren A. Smith ). Copy to parties. (FE)
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                                          Blank 17 Filed: 12/1/1998, Entered: 12/7/1998, Terminated: 12/10/1998 Terminated:
                                          MOTION by USA (Service: 12/1/98) to Extend Time to file responsive brief until 1/6/98. (FE) Modified on 12/07/1998
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                                            Blank 19 Filed: 11/30/1998, Entered: 12/7/1998 Statement of FactsCourt Filing
                                            STATEMENT OF FACTS filed by ROBERT W. CLARY JR. Filed by leave of the Judge. Service: 11/6/98 (JT)
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                                              Blank 19 Filed: 11/30/1998, Entered: 12/7/1998 Terminated: Court Filing
                                              RESPONSE by ROBERT W. CLARY JR. to [8-1] statement facts by USA. Filed by leave of the Judge. Service: 11/6/98 (JT)
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                                                Blank 18 Filed: 11/30/1998, Entered: 12/7/1998 Terminated: Court Filing
                                                RESPONSE by ROBERT W. CLARY JR.(Service: 11/6/98 ) to [9-1] motion to Dismiss. Filed by leave of the Judge. Reply due: 12/7/98 (JT)
                                                  LREF
                                                  Blank 18 Filed: 11/30/1998, Entered: 12/7/1998 Terminated: Court Filing
                                                  CROSS MOTION by ROBERT W. CLARY JR. ( Service: 11/6/98 ) and RESPONSE to [9-2] motion for Judgment Upon the Administrative Record by USA. Filed by leave of the Judge. Response due: 12/7/98 (JT) Modified on 12/07/1998
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                                                    Blank -- Filed: 11/30/1998, Entered: 12/7/1998 Set/Reset Deadlines:
                                                    Deadline updated; Defendant's response to [18-1] cross motion reset to 12/7/98. (JT)
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                                                      Blank 16 Filed: 10/15/1998, Entered: 10/19/1998 OrderCourt Filing
                                                      ORDER granting [15-1] motion to Extend Time within which to respond to the motion to dismiss Response to [9-1] motion to Dismiss reset to 11/16/98, [9-2] motion for Judgment Upon the Administrative Record reset to 11/16/98 ( signed by Chief Judge Loren A. Smith ) Copy to parties. (DS)
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                                                        Blank 15 Filed: 10/9/1998, Entered: 10/14/1998, Terminated: 10/15/1998 Terminated:
                                                        MOTION by ROBERT W. CLARY JR. (Service : 10/5/98 ) to Extend Time within which to respond to the motion to dismiss , (until October 14, 1998). Response due: 9/4/98. (HW)
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                                                          Blank 14 Filed: 9/24/1998, Entered: 9/29/1998 OrderCourt Filing
                                                          ORDER granting [13-1] motion to Extend Time within which to respond to motion to dismiss. Plaintiff's Response to [9-1] motion to Dismiss reset to 10/14/98, [9-2] motion for Judgment Upon the Administrative Record reset to 10/14/98. ( signed by Chief Judge Loren A. Smith ) Copy to parties. (JT)
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                                                            Blank 13 Filed: 9/14/1998, Entered: 9/16/1998, Terminated: 9/24/1998 Terminated:
                                                            MOTION by ROBERT W. CLARY JR. (Service : 9/8/98 ) to Extend Time within which to respond to motion to dismiss , (until October 14, 1998). (HW)
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                                                              Blank 12 Filed: 8/13/1998, Entered: 8/14/1998 Terminated: Court Filing
                                                              MOTION by ROBERT W. CLARY JR. (Service : 8/7/98 ) to Extend Time to file his response to Defendants' motion to Dismiss or for Judgement Upon THE Administrative Record , (Until September 14, 1998). Response due: 8/24/98. (FE) Modified on 08/17/1998
                                                                LREF
                                                                Blank 11 Filed: 7/15/1998, Entered: 7/21/1998 OrderCourt Filing
                                                                ORDER granting [10-1] motion for Leave to File the Master Personnel Record and the Administrative Record, granting [10-2] motion for Waiver of Copying Requirements. ( signed by Chief Judge Loren A. Smith ) Copy to parties. (JT)
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                                                                  Blank 10 Filed: 7/13/1998, Entered: 7/16/1998, Terminated: 7/15/1998 Terminated:
                                                                  MOTION by USA (Service : 7/13/98 ) for Leave to File the Master Personnel Record and the Administrative Record and for Waiver of Copying Requirements. Response due: 7/30/98 (JT)
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                                                                    Blank 9 Filed: 7/13/1998, Entered: 7/16/1998 Terminated:
                                                                    MOTION by USA (Service : 7/13/98 ) to Dismiss or for Judgment Upon the Administrative Record. Response due: 8/13/98 (JT)
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                                                                      Blank 8 Filed: 7/13/1998, Entered: 7/16/1998 Statement of Facts
                                                                      STATEMENT OF FACTS filed by USA. Service: 7/13/98 (JT)
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                                                                        Blank 7 Filed: 5/15/1998, Entered: 5/20/1998 OrderCourt Filing
                                                                        ORDER granting [6-1] motion to Extend Time to respond to Complaint. Reset Answer deadline to 7/13/98. ( signed by Chief Judge Loren A. Smith ) Copy to parties. (JT)
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                                                                          Blank 6 Filed: 5/7/1998, Entered: 5/12/1998, Terminated: 5/15/1998 Terminated:
                                                                          MOTION by USA (Service : 5/7/98 ) to Extend Time to respond to Complaint [to July 13, 1998]. Response due: 5/26/98 (JT)
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                                                                            Blank 5 Filed: 4/2/1998, Entered: 4/8/1998 Order
                                                                            ORDER granting [4-1] motion to Extend Time to respond to the complaint. reset Answer deadline to 5/13/98 ( signed by the Clerk ) Copy to parties. (DS)
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                                                                              Blank 4 Filed: 4/1/1998, Entered: 4/8/1998, Terminated: 4/2/1998 Terminated:
                                                                              MOTION by USA (Service : 4/1/98 ) to Extend Time to respond to the complaint. (to May 13, 1998) (DS)
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                                                                                Blank 3 Filed: 3/19/1998, Entered: 3/20/1998 Notice of Appearance/
                                                                                NOTICE of Attorney Appearance for USA by Patrick Terrence Murphy. Service : 3/19/98. (HW)
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                                                                                  Blank 2 Filed: 2/11/1998, Entered: 2/11/1998 Court Filing
                                                                                  Notice of assignment to Chief Judge Loren A. Smith. Copy to parties. (FE)
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                                                                                    Blank 1 Filed: 2/11/1998, Entered: 2/11/1998
                                                                                    COMPLAINT, FILING FEE $120, RECEIPT #044987. Answer due on 4/13/98. (FE)
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