MCHENRY v. USA
Federal Civil Lawsuit United States Court of Federal Claims, Case No. 1:99-cv-00857-JTT
District Judge James T. Turner, presiding

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No Logo FREDERICK S. MCHENRY, Plaintiff

Toggle Switch Represented by FELDESMAN TUCKER LEIFER FIDELL LLP

Name Phone Fax E-Mail
Space Eugene R. Fidell +1 202 466 8960 +1 202 293 8103 efidell@feldesmantucker.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 Michael Duane Austin +1 202 616 0321 +1 202 305 7644 michael.austin@usdoj.gov
Office COFC
Filed 10/5/1999
Jury Demand
Demand $0
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 11/19/2002
Origin 1
Reopened None
Lead Case None
Related Case
Other Court Case None
Def Custody Status
Flag CLOSED
  Entries (36) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Blank 33 Filed: 7/6/2004, Entered: 7/7/2004 CAFC Mandate Affirming
MANDATE of CAFC affirming [30] Unpublished Decision, that directed the Clerk of the Court to enter judgment. (hw1, )
    LREF
    Blank -- Filed: 12/13/2002, Entered: 12/26/2002 Terminated:
    CAFC Case Number Re: [32-1] appeal by FREDERICK S. MCHENRY. CAFC NUMBER: 03-5040. (HW)
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      Blank 32 Filed: 12/11/2002, Entered: 12/11/2002, Terminated: 7/6/2004 Notice of AppealCourt Filing
      NOTICE OF APPEAL by FREDERICK S. MCHENRY. Copy to Judge James T. Turner, Defendant and to C.A.F.C. FILING FEE $ 105.00, RECEIPT # 055634. (HW)
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        Blank 31 Filed: 11/19/2002, Entered: 11/19/2002
        JUDGMENT entered, pursuant to Rule 58, that in favor of the defendant and the complaint is dismissed. Pursuant to RCFC 54(d), costs shall be allowed to defendant ("the prevailing party"). (signed by Clerk). Copy to parties. (LD)
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          Blank -- Filed: 11/19/2002, Entered: 11/19/2002
          Case closed (LD)
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            Blank 30 Filed: 11/15/2002, Entered: 11/19/2002 Unpublished DecisionCourt Filing
            UNPUBLISHED DECISION granting [11-1] motion for judgment upon the administrative record., denying [16-1] cross motion and directing the clerk to enter judgemtn in favor of defendant. Pursuant to RCFC 54(d), costs shall be allowed to defendant ("the prevailing party"). ( signed by Judge James T. Turner ). Copy to parties. (LD)
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              Blank 29 Filed: 8/29/2001, Entered: 8/30/2001 Memorandum
              MEMORANDUM by FREDERICK S. MCHENRY re: resort to the BCNR. Service: 8/29/01. (LTD)
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                Blank 28 Filed: 8/28/2001, Entered: 8/28/2001 Court Filing
                ORDER denying [24-1] motion to Strike [23-1] report by FREDERICK S. MCHENRY and plaintiff is requested to advise whether he intends to appeal to the BCNR by 9/14/01 ( signed by Judge James T. Turner). Copy to parties. (FE)
                  LREF
                  Blank 27 Filed: 8/22/2001, Entered: 8/23/2001 Status Report
                  STATUS REPORT by FREDERICK S. MCHENRY. Service: 8/20/01. (FE)
                    LREF
                    Blank 26 Filed: 8/10/2001, Entered: 8/13/2001 Reply to Response to Motion
                    REPLY by USA to response to [24-1] motion to Strike [23-1] report by FREDERICK S. MCHENRY. Service: 8/10/01. (LTD)
                      LREF
                      Blank 25 Filed: 7/30/2001, Entered: 7/31/2001 Terminated:
                      RESPONSE by FREDERICK S. MCHENRY (Service: 7/30/01) to [24-1] motion to Strike [23-1] report by FREDERICK S. MCHENRY. Reply due: 8/15/01. (LTD)
                        LREF
                        Blank 24 Filed: 7/24/2001, Entered: 7/25/2001, Terminated: 8/28/2001 Terminated:
                        MOTION by USA (Service: 7/24/01) to Strike [23-1] report by FREDERICK S. MCHENRY . Response due: 8/10/01. (LTD)
                          LREF
                          Blank 23 Filed: 6/27/2001, Entered: 6/27/2001
                          STATUS REPORT by FREDERICK S. MCHENRY. Service: 6/22/01. (FE)
                            LREF
                            Blank 22 Filed: 5/22/2000, Entered: 5/23/2000 Reply to Response to Motion
                            REPLY by FREDERICK S. MCHENRY to response to [16-1] cross motion. Service: 5/22/00 (JT)
                              LREF
                              Blank 21 Filed: 5/11/2000, Entered: 5/15/2000 Administrative RecordCourt Filing
                              Administrative record filed by USA, by leave of the Judge. Service: 5/11/00. (FE)
                                LREF
                                Blank 20 Filed: 5/9/2000, Entered: 5/12/2000 Statement of Facts
                                COUNTER-STATEMENT OF FACTS filed by USA Service: 5/9/00 (DS)
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                                  Blank 19 Filed: 5/9/2000, Entered: 5/10/2000 Terminated:
                                  RESPONSE by USA (Service: 5/9/00 ) to [16-1] cross motion Reply due: 5/26/00 (DS)
                                    LREF
                                    Blank 18 Filed: 4/27/2000, Entered: 4/28/2000 OrderCourt Filing
                                    ORDER granting [17-1] motion to Extend Time to respond to the motion for summary judgment and opposition to our motion for judgment upon the administrative record. Defendant's response to [16-1] cross motion reset to 5/11/00. ( signed by Judge James T. Turner ) Copy to parties. (JT)
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                                      Blank 17 Filed: 4/26/2000, Entered: 4/27/2000, Terminated: 4/27/2000 Terminated:
                                      MOTION by USA (Service: 4/26/00) to Extend Time to respond to the motion for summary judgment and opposition to our motion for judgment upon the administrative record , (until May 11, 2000). (FE)
                                        LREF
                                        Blank 16 Filed: 3/31/2000, Entered: 3/31/2000, Terminated: 11/15/2002 Cross MotionCourt Filing
                                        CROSS MOTION by FREDERICK S. MCHENRY (Service: 3/30/00) and RESPONSE to [11-1] motion for judgment upon the administrative record by USA, by leave of the Judge. Response due: 5/1/00. (FE)
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                                          Blank 15 Filed: 3/31/2000, Entered: 3/31/2000 Court Filing
                                          COUNTER-STATEMENT OF FACTS filed by FREDERICK S. MCHENRY, by leave of the Judge. Service: 3/30/00. (FE)
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                                            Blank 14 Filed: 3/31/2000, Entered: 3/31/2000 Court Filing
                                            PROPOSED ADDITIONAL FACTS filed by FREDERICK S. MCHENRY, by leave of the Judge. Service: 3/30/00. (FE)
                                              LREF
                                              Blank -- Filed: 3/31/2000, Entered: 3/31/2000
                                              Deadline updated; Response to [16-1] cross motion reset to 5/1/00 . (FE)
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                                                Blank 13 Filed: 3/6/2000, Entered: 3/8/2000 Administrative RecordCourt Filing
                                                Administrative Record filed by USA. Filed by leave of the Judge. (JT)
                                                  LREF
                                                  Blank 12 Filed: 3/3/2000, Entered: 3/7/2000 Statement of Facts
                                                  STATEMENT OF FACTS filed by USA. Service: 3/3/00 (JT)
                                                    LREF
                                                    Blank 11 Filed: 3/3/2000, Entered: 3/7/2000 Terminated:
                                                    MOTION by USA (Service : 3/3/00 (by hand)) for judgment upon the administrative record. Response due: 3/31/00 (JT)
                                                      LREF
                                                      Blank 10 Filed: 2/8/2000, Entered: 2/10/2000 OrderCourt Filing
                                                      ORDER granting [9-1] motion to Stay Answer deadline to 3/3/00 (signed by Judge James T. Turner). Copy to parties. (FE)
                                                        LREF
                                                        Blank 9 Filed: 2/4/2000, Entered: 2/8/2000, Terminated: 2/8/2000 Terminated:
                                                        MOTION by USA (Service: 2/4/00) to Stay . (FE)
                                                          LREF
                                                          Blank 8 Filed: 1/5/2000, Entered: 1/6/2000 OrderCourt Filing
                                                          ORDER granting [7-1] motion to Extend Time to respond to the complaint. Reset Answer deadline to 2/11/00. ( signed by Judge James T. Turner ) Copy to parties. (JT)
                                                            LREF
                                                            Blank 7 Filed: 1/5/2000, Entered: 1/5/2000, Terminated: 1/5/2000 Motion for Extension of Time
                                                            MOTION by USA (Service : 1/5/00 ) to Extend Time to respond to the complaint [until February 11, 2000]. Response due: 1/24/00 (JT)
                                                              LREF
                                                              Blank 6 Filed: 12/8/1999, Entered: 12/10/1999 OrderCourt Filing
                                                              ORDER granting [5-1] motion to Extend Time to respond to the complaint. Reset Answer deadline to 1/10/00. ( signed by Judge James T. Turner ) Copy to parties. (JT)
                                                                LREF
                                                                Blank 5 Filed: 12/2/1999, Entered: 12/6/1999, Terminated: 12/8/1999 Terminated:
                                                                MOTION by USA (Service : 12/2/99 ) to Extend Time to respond to the complaint [until January 10, 2000]. Response due: 12/20/99 (JT) Modified on 12/06/1999
                                                                  LREF
                                                                  Blank 4 Filed: 11/1/1999, Entered: 11/3/1999 OrderCourt Filing
                                                                  ORDER - Special Procedures to Facilitate Discovery, Conserve Resources of the Parties and Expedite Disposition of Case. ( signed by Judge James T. Turner ) Copy to parties. (JT)
                                                                    LREF
                                                                    Blank 3 Filed: 10/28/1999, Entered: 11/1/1999 Notice of Appearance/
                                                                    NOTICE of Attorney Appearance for USA by Michael Duane Austin. Service : 10/28/99 (JT)
                                                                      LREF
                                                                      Blank 2 Filed: 10/5/1999, Entered: 10/6/1999 Case Assigned/ReassignedCourt Filing
                                                                      Notice of assignment to Judge James T. Turner . Copy to parties. (FE)
                                                                        LREF
                                                                        Blank 1 Filed: 10/5/1999, Entered: 10/6/1999 Complaint
                                                                        COMPLAINT, FILING FEE $120, RECEIPT #048375. Answer due on 12/6/99. (FE)
                                                                          LREF

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