THOMAS v. USA
Federal Civil Lawsuit United States Court of Federal Claims, Case No. 1:98-cv-00770-MBH
District Judge Marian Blank Horn, presiding

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No Logo CARLA L. THOMAS, Plaintiff

Toggle Switch Represented by The Law Office of John C Kiyonaga

Name Phone Fax E-Mail
Space John C. Kiyonaga +1 703 739 0009 john@johnckiyonaga.com
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 Russell Alan Shultis +1 202 305 7571 +1 202 305 7643 russell.shultis@usdoj.gov
Office COFC
Filed 10/2/1998
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 7/31/2000
Origin 1
Reopened None
Lead Case None
Related Case
Other Court Case None
Def Custody Status
Flag CLOSED
  Entries (38) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Blank 34 Filed: 9/5/2000, Entered: 9/7/2000 OrderCourt Filing
ORDER directing the Clerk's Office to remove the designation that the 7/31/00 opinion is sealed. The opinion is open to the public. ( signed by Judge Marian Blank Horn ) Copy to parties. (JT)
    LREF
    Blank 33 Filed: 8/16/2000, Entered: 8/17/2000 Response
    JOINT RESPONSE by CARLA L. THOMAS, USA to [30-1] order. (JT)
      LREF
      Blank 32 Filed: 7/31/2000, Entered: 8/2/2000 OrderCourt Filing
      ORDER set Notice of Compliance deadline to 8/18/00 for the parties to identify and jointly submit proposed redacted material. ( signed by Judge Marian Blank Horn ) Copy to parties. (JT)
        LREF
        Blank 31 Filed: 7/31/2000, Entered: 7/31/2000
        JUDGMENT entered, pursuant to Rule 58, that the complaint is dismissed. No costs. (signed by Clerk). Copy to parties. (LD)
          LREF
          Blank 30 Filed: 7/31/2000, Entered: 7/31/2000 Court Filing
          Decision of Judge Marian Blank Horn ; denying [27-1] plaintiff's motion for judgment on the administrative record, granting [16-1] defendant's motion for Judgment upon the Administrative Record, and directing the clerk to enter judgment in accordance with this decision. No costs shall be awarded. Copy to parties. (See order of 9/5/00, removing this opinion from its sealed status and allowing it to be published.) (LD) Modified on 09/11/2000
            LREF
            Blank -- Filed: 7/31/2000, Entered: 7/31/2000
            Case closed (LD)
              LREF
              Blank 29 Filed: 5/28/1999, Entered: 6/3/1999 OrderCourt Filing
              ORDER re: The Court hereby directs the Clerk's Office to return defendant's submission for resubmittal in accordance with RCFC 5(e) by 6/9/99 (signed by Judge Marian Blank Horn). Copy to parties. (FE)
                LREF
                Blank 28 Filed: 5/21/1999, Entered: 5/24/1999 Transcript
                TRANSCRIPT of proceedings re: Status Conference, 1 volume, at Washington, D.C., for date of April 21, 1999. Notice to parties. (FE)
                  LREF
                  Blank 27 Filed: 5/7/1999, Entered: 6/4/1999 Terminated:
                  CROSS MOTION by CARLA L. THOMAS and RESPONSE to [16-1] motion for Judgment upon the Administrative Record by USA filed [by leave of the judge]. Response due: 5/26/99 (DS)
                    LREF
                    Blank 26 Filed: 5/7/1999, Entered: 5/12/1999 Terminated: Court Filing
                    RESPONSE by CARLA L. THOMAS to [15-1] statement facts and proposed additional facts by USA. Filed by leave of the Judge. (JT)
                      LREF
                      Blank 25 Filed: 5/7/1999, Entered: 5/12/1999 OrderCourt Filing
                      ORDER granting [24-1] motion to amend response to motion for judgment upon the administrative record and statement of facts, granting [23-1] motion to substitute attorney, terminated attorney David Joseph Kiyonaga for CARLA L. THOMAS Added John Cady Kiyonaga. ( signed by Judge Marian Blank Horn ) Copy to parties. (JT)
                        LREF
                        Blank -- Filed: 5/7/1999, Entered: 6/4/1999 Set/Reset Deadlines:
                        Deadline updated; Response to [27-1] cross motion reset to 5/26/99 (DS)
                          LREF
                          Blank 24 Filed: 4/28/1999, Entered: 5/1/1999, Terminated: 5/7/1999 Terminated:
                          MOTION by CARLA L. THOMAS (Service : 4/28/99 ) to amend her response to motion for judgment upon the administrative record and statement of facts. Response due: 5/17/99 (status report included) (JT)
                            LREF
                            Blank 24 Filed: 4/28/1999, Entered: 5/1/1999, Terminated: 5/7/1999 Status Report
                            STATUS REPORT by CARLA L. THOMAS. Service: 4/28/99 (motion to amend earlier pleading included) (JT)
                              LREF
                              Blank 23 Filed: 4/28/1999, Entered: 5/1/1999 Terminated:
                              MOTION by CARLA L. THOMAS (Service : 4/28/99 ) to substitute attorney. Response due: 5/17/99 (JT)
                                LREF
                                Blank -- Filed: 4/21/1999, Entered: 4/22/1999 Status Conference
                                Status Conference held ( Transcript due 5/21/99 ) (DS)
                                  LREF
                                  Blank 22 Filed: 4/15/1999, Entered: 4/19/1999 OrderCourt Filing
                                  ORDER set status conference for 10:30 a.m., 4/21/99. ( signed by Judge Marian Blank Horn ) Copy to parties. (JT)
                                    LREF
                                    Blank 21 Filed: 4/2/1999, Entered: 6/4/1999 Reply to Response to Motion
                                    REPLY by USA to response to [16-1] motion for Judgment upon the Administrative Record . Service: 4/2/99 (DS)
                                      LREF
                                      Blank 20 Filed: 3/22/1999, Entered: 6/4/1999 Terminated:
                                      RESPONSE by CARLA L. THOMAS (Service: 3/19/99 ) to [16-1] motion for Judgment upon the Administrative Record. Reply due: 4/5/99 (DS)
                                        LREF
                                        Blank 20 Filed: 3/22/1999, Entered: 3/24/1999 Terminated:
                                        RESPONSE by CARLA L. THOMAS to [15-1] statement facts by USA. Service: 3/19/99 (included in response to motion for judgment upon the administrative record) (JT) Modified on 06/04/1999
                                          LREF
                                          Blank 19 Filed: 3/17/1999, Entered: 3/27/1999 OrderCourt Filing
                                          ORDER directing the Clerk to unfile and remove from the record, the administrative record that was filed on December 14, 1999. ( signed by Judge Marian Blank Horn ) Copy to parties. (DS)
                                            LREF
                                            Blank 18 Filed: 3/15/1999, Entered: 3/16/1999 Administrative Record
                                            Administrative record filed by USA. Service: 3/15/99. (HW)
                                              LREF
                                              Blank 17 Filed: 3/10/1999, Entered: 3/13/1999 OrderCourt Filing
                                              ORDER directing the Clerk's Office to return to Defendant their submission of the substituted administrative record. Set Notice of Compliance deadline to 3/24/99 for Defendant to resubmit the complete administrative record. ( signed by Judge Marian Blank Horn ) Copy to parties. (JT)
                                                LREF
                                                Blank 16 Filed: 3/5/1999, Entered: 6/4/1999 Terminated:
                                                MOTION by USA (Service : 3/5/99 ) for Judgment upon the Administrative Record . Response due: 4/5/99 (DS)
                                                  LREF
                                                  Blank 15 Filed: 3/5/1999, Entered: 3/10/1999 Statement of Facts
                                                  STATEMENT OF FACTS filed by USA. Service: 3/5/99. (FE)
                                                    LREF
                                                    Blank 14 Filed: 3/5/1999, Entered: 3/10/1999 Terminated:
                                                    MOTION by USA (Service : 3/5/99 ) for Leave to file a substituted administrative record of the ABCMR . Response due: 3/22/99. (FE)
                                                      LREF
                                                      Blank 13 Filed: 3/4/1999, Entered: 3/9/1999 OrderCourt Filing
                                                      ORDER granting [12-1] motion to Extend Time to respond to complaint. Reset Answer deadline to 3/5/99. ( signed by Judge Marian Blank Horn ) Copy to parties. (JT)
                                                        LREF
                                                        Blank 12 Filed: 3/1/1999, Entered: 3/4/1999, Terminated: 3/4/1999 Terminated:
                                                        MOTION by USA (Service : 3/1/99 ) to Extend Time to respond to complaint , (until March 5, 1999). Response due: 3/18/99. (FE)
                                                          LREF
                                                          Blank 11 Filed: 1/21/1999, Entered: 1/25/1999 OrderCourt Filing
                                                          ORDER granting [10-1] motion to Extend Time to respond to the complaint Answer deadline to 3/1/99 ( signed by Judge Marian Blank Horn ). Copy to parties. (FE)
                                                            LREF
                                                            Blank 10 Filed: 1/15/1999, Entered: 1/21/1999, Terminated: 1/21/1999 Terminated:
                                                            MOTION by USA (Service : 1/15/99 ) to Extend Time to respond to the complaint [until March 1, 1999]. Response due: 2/1/99 (JT)
                                                              LREF
                                                              Blank 9 Filed: 12/14/1998, Entered: 3/27/1999 Remark
                                                              Administrative record unfiled and returned to defendant pursuant to the order of March 14, 1999. (DS)
                                                                LREF
                                                                Blank 8 Filed: 12/14/1998, Entered: 12/14/1998 Court Filing
                                                                ORDER directing the Clerk's Office to file the administrative record by leave of the court. ( signed by Judge Marian Blank Horn ) Copy to parties. (JT)
                                                                  LREF
                                                                  Blank 7 Filed: 12/9/1998, Entered: 12/14/1998 OrderCourt Filing
                                                                  ORDER granting [5-1] motion to Extend Time to respond to the complaint, denying [4-1] motion for Leave to file the administrative record of the BCMR and for a waiver of the copying requirements . Answer deadline to 1/15/99 ( signed by Judge Marian Blank Horn ) Copy to parties. (HW)
                                                                    LREF
                                                                    Blank 5 Filed: 12/9/1998, Entered: 12/11/1998, Terminated: 12/9/1998 Terminated: Court Filing
                                                                    MOTION by USA (Service : 12/4/98 ) to Extend Time to respond to the complaint , (until January 15, 1999) by leave of the Judge. Response due: 1/4/99. (FE)
                                                                      LREF
                                                                      Blank 4 Filed: 12/4/1998, Entered: 12/9/1998 Terminated:
                                                                      MOTION by USA (Service : 12/4/98 ) for Leave to file the administrative record of the BCMR and for a waiver of the copying requirements . Response due: 12/21/98. (FE)
                                                                        LREF
                                                                        Blank 3 Filed: 10/20/1998, Entered: 10/22/1998 Notice of Appearance/
                                                                        NOTICE of Attorney Appearance for USA by Russell Alan Shultis. Service : 10/20/98. (FE)
                                                                          LREF
                                                                          Blank 2 Filed: 10/2/1998, Entered: 10/5/1998 Case Assigned/ReassignedCourt Filing
                                                                          Notice of assignment to Judge Marian Blank Horn. Copy to parties. (FE)
                                                                            LREF
                                                                            Blank 1 Filed: 10/2/1998, Entered: 10/5/1998 Complaint
                                                                            COMPLAINT (Filed with 2 bound volumes containing Exhibits 1 through 13), FILING FEE $120, RECEIPT #046343. Answer due on 12/1/98. (FE)
                                                                              LREF

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