FREUDENBERG v. USA
Federal Civil Lawsuit United States Court of Federal Claims, Case No. 1:99-cv-00927-RHH
District Judge Robert H. Hodges, Jr., presiding

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No Logo ROCKY A. FREUDENBERG, Plaintiff

Toggle Switch Represented by LAW OFFICE OF JOHN P. RACIN

Name Phone Fax E-Mail
Space Guy James Ferrante +1 703 644 2009 kingand@erols.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 Sean Dufault +1 202 616 0471 +1 202 353 7988 michael.dufault@usdoj.gov
Office COFC
Filed 11/9/1999
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 Dismissed - Voluntarily
County
Terminated 2/2/2004
Origin 1
Reopened None
Lead Case None
Related Case
Other Court Case None
Def Custody Status
Flag CLOSED
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Blank 56 Filed: 2/2/2004, Entered: 2/5/2004 Stipulation of Dismissal
STIPULATION of Dismissal With Prejudice by all parties. Complaint dismissed pursuant to Rule 41(a)(1)(ii) this day. Service: 1/30/2004.(jcp, )
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    Blank 55 Filed: 1/9/2004, Entered: 1/14/2004 OrderCourt Filing
    ORDER: We have not heard from counsel since the beginning of December regarding the status of this case. Please advise the court immediately whether the terms of the settlement agreement have been completed, and when we may receive a joint stipulation of dismissal. Signed by Judge Robert H. Hodges Jr. (jcp, )
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      Blank 54 Filed: 11/19/2003, Entered: 11/25/2003 OrderCourt Filing
      ORDER: Counsel are reminded that the joint stipulation of dismissal must be filed no later than 12/8/2003. If all terms of the settlement are complete, counsel may file the notice at any time before then. Signed by Judge Robert H. Hodges Jr. (jcp, )
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        Blank 53 Filed: 10/29/2003, Entered: 10/31/2003 Scheduling OrderCourt Filing
        SCHEDULING ORDER: Pltf states that settlement should be complete on or before December 1, and that the court may expect a joint stipulation of dismissal by December 7. In any event, we will await the parties' filing no later than 12/8/2003. Signed by Judge Robert H. Hodges Jr. (jcp, )
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          Blank 52 Filed: 10/23/2003, Entered: 10/27/2003 Status Report
          STATUS REPORT by ROCKY A. FREUDENBERG. Service: 10/23/03.(jat, )
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            Blank 51 Filed: 10/16/2003, Entered: 10/21/2003 OrderCourt Filing
            ORDER: The parties notified the court on July 11 that they had executed a settlement agreeement. We have not heard from counsel since then. We assume that approval of the settlement remains pending at the DOJ. If the circumstances are different, we ask that counsel notify the court by status report. Signed by Judge Robert H. Hodges Jr. (jcp, )
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              Blank 50 Filed: 7/11/2003, Entered: 7/14/2003 Status Report
              STATUS REPORT by UNITED STATES. Service: 7/11/03.(jcp, )
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                Blank 49 Filed: 7/10/2003, Entered: 7/14/2003 Notice of Appearance/
                NOTICE of Appearance by Michael Sean Dufault for UNITED STATES. Service: 7/10/03.(jcp, )
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                  Blank 48 Filed: 7/1/2003, Entered: 7/2/2003 Status Report
                  STATUS REPORT by UNITED STATES. Service: 6/30/03.(jcp, )
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                    Blank 47 Filed: 6/2/2003, Entered: 6/10/2003 Status Report
                    STATUS REPORT by UNITED STATES. Service: 6/2/03.(hw1, )
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                      Blank 46 Filed: 5/8/2003, Entered: 5/13/2003 Status Report
                      STATUS REPORT by The United States. Service: 5/8/03.(dw1, )
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                        Blank 45 Filed: 4/8/2003, Entered: 4/14/2003 OrderCourt Filing
                        ORDER, re: further proceedings. Signed by Judge Robert H. Hodges Jr. (lrd)
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                          Blank 44 Filed: 4/1/2003, Entered: 4/4/2003 Status Report
                          STATUS REPORT by The United States. Service: 4/1/03. (lrd)
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                            Blank 43 Filed: 2/25/2003, Entered: 3/4/2003 Status Report
                            STATUS REPORT by USA. Service: 2/19/03. (LTD)
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                              Blank 42 Filed: 2/25/2003, Entered: 3/4/2003 Status Report/OrderCourt Filing
                              STATUS REPORT ORDER. Joint Status report due 4/1/03 (signed by Judge Robert H. Hodges). Copyto parties. (LTD)
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                                Blank 41 Filed: 2/21/2003, Entered: 2/27/2003 OrderCourt Filing
                                ORDER, re: further proceedings (signed by Judge Robert H. Hodges). Copy to parties. (LTD)
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                                  Blank 40 Filed: 2/20/2003, Entered: 2/26/2003 Terminated:
                                  MOTION by USA (Service: 2/19/03) to Extend Time within which to file a joint status report , (out of time) until February 19, 2003. (HW)
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                                    Blank 39 Filed: 1/24/2003, Entered: 1/31/2003 Status Report/OrderCourt Filing
                                    STATUS REPORT ORDER. Joint Status report due 2/14/03 (signed by Judge Robert H. Hodges). Copy to parties. (LTD)
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                                      Blank 38 Filed: 1/17/2003, Entered: 1/24/2003 Status Report
                                      STATUS REPORT by USA. Service: 1/17/03 (HW)
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                                        Blank 37 Filed: 1/9/2003, Entered: 1/13/2003 Status Report/OrderCourt Filing
                                        STATUS REPORT ORDER. Parties Status report due 1/17/03 (signed by Judge Robert H. Hodges). Copy to parties. (LTD)
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                                          Blank 36 Filed: 2/26/2002, Entered: 2/26/2002
                                          Administrative Record returned to defendant's attorney pursuant to Rule 60.1. (DS)
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                                            Blank 35 Filed: 2/25/2002, Entered: 2/26/2002 OrderCourt Filing
                                            ORDER Remanding case to the Air Force Board for Correction of Military Records for resolution of issues addressed in order. ( signed by Judge Robert H. Hodges ) Copy to parties and certified copy to the AFBCMR. (DS)
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                                              Blank 34 Filed: 12/4/2001, Entered: 12/5/2001 Reply to Response to Motion
                                              REPLY by ROCKY A. FREUDENBERG to response to [23-1] cross motion. Service: 12/4/01 (DS)
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                                                Blank 33 Filed: 11/30/2001, Entered: 12/4/2001 OrderCourt Filing
                                                ORDER granting [32-1] motion to Extend Time to file reply to the cross-motion Reply to Response to Motion reset to 12/4/01 for [23-1] cross motion (signed by Judge Robert H. Hodges). Copy to parties. (LTD)
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                                                  Blank 32 Filed: 11/26/2001, Entered: 11/27/2001, Terminated: 11/30/2001 Terminated:
                                                  MOTION by ROCKY A. FREUDENBERG (Service: 11/26/01) to Extend Time to file reply to the cross-motion until 12/4/01. Response due: 12/13/01. (LTD)
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                                                    Blank 31 Filed: 11/9/2001, Entered: 11/19/2001 Response to Motion
                                                    RESPONSE by USA (Service: 11/9/01) to [23-1] cross motion. Reply due: 11/26/01 (DS)
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                                                      Blank 30 Filed: 11/9/2001, Entered: 11/19/2001 Statement of Facts
                                                      COUNTER-STATEMENT OF FACTS filed by USA. Service: 11/9/01 (DS)
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                                                        Blank 29 Filed: 11/8/2001, Entered: 11/9/2001 OrderCourt Filing
                                                        ORDER granting [28-1] motion to Extend Time to respond to cross-motion Response to [23-1] cross motion due 11/9/01 (signed by Judge Robert H. Hodges). Copy to parties. (LTD)
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                                                          Blank 28 Filed: 11/2/2001, Entered: 11/5/2001, Terminated: 11/8/2001 Terminated:
                                                          MOTION by USA (Service: 11/2/01) to Extend Time to respond to cross-motion until 11/9/01. Response due: 11/19/01. (LTD)
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                                                            Blank 27 Filed: 10/23/2001, Entered: 10/24/2001 OrderCourt Filing
                                                            ORDER granting [26-1] motion to Extend Time to file response to Cross-Motion Response to [23-1] cross motion reset to 11/2/01 (signed by Judge Robert H. Hodges). Copy to parties. (LTD)
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                                                              Blank 26 Filed: 10/19/2001, Entered: 10/22/2001, Terminated: 10/23/2001 Terminated:
                                                              MOTION by USA (Service: 10/19/01) to Extend Time to file response to Cross-Motion until 11/2/01. Response due: 11/5/01. (LTD)
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                                                                Blank 25 Filed: 10/1/2001, Entered: 10/2/2001 OrderCourt Filing
                                                                ORDER granting [24-1] motion to Extend Time to respond to cross-motion for summary judgment and opposition to motion to dismiss, or, in the alternative, motion for summary judgment upon the administrative record by 10/24/01 ( signed by Judge Robert H. Hodges). Copy to parties. (FE)
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                                                                  Blank 24 Filed: 9/25/2001, Entered: 9/26/2001, Terminated: 10/1/2001 Terminated:
                                                                  MOTION by USA (Service: 9/25/01) to Extend Time to respond to cross-motion for summary judgment and opposition to motion to dismiss, or, in the alternative, motion for summary judgment upon the administrative record , (until October 24, 2001). (FE)
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                                                                    Blank 23 Filed: 9/6/2001, Entered: 9/6/2001, Terminated: 2/2/2004 Cross MotionCourt Filing
                                                                    CROSS MOTION by ROCKY A. FREUDENBERG (Service: 9/4/01) and RESPONSE to [21-1] motion to Dismiss in part by USA, [21-2] motion for Summary Judgment upon the administrative record by USA, by leave of the Judge. Response due: 10/5/01. (FE)
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                                                                      Blank 22 Filed: 9/6/2001, Entered: 9/6/2001 Court Filing
                                                                      COUNTER-STATEMENT OF FACTS and PROPOSED ADDITIONAL FACTS filed by ROCKY A. FREUDENBERG, by leave of the Judge. Service: 9/4/01. (FE)
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                                                                        Blank -- Filed: 9/6/2001, Entered: 9/6/2001
                                                                        Deadline updated; Response to [23-1] cross motion reset to 10/5/01 . (FE)
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                                                                          Blank 21 Filed: 8/3/2001, Entered: 8/6/2001 Terminated:
                                                                          MOTION by USA (Service: 8/3/01) to Dismiss in part and for Summary Judgment upon the administrative record . Response due: 9/4/01. (FE)
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                                                                            Blank 20 Filed: 7/26/2001, Entered: 7/26/2001 Court Filing
                                                                            ORDER granting [19-1] motion to Extend Time to file the "JPSR" Joint Preliminary Status Report is due on 8/3/01 (signed by Judge Robert H. Hodges). Copy to parties. (LTD)
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                                                                              Blank 19 Filed: 7/23/2001, Entered: 7/24/2001, Terminated: 7/26/2001 Terminated:
                                                                              MOTION by USA (Service: 7/23/01) to Extend Time to file the "JPSR" . Response due: 8/9/01. (LTD)
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                                                                                Blank 18 Filed: 6/18/2001, Entered: 6/21/2001 Administrative Record
                                                                                Administrative record, consisting of three bound volumes, filed by USA. Service: 6/18/01 (DS)
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                                                                                  Blank 17 Filed: 6/18/2001, Entered: 6/21/2001 ~Notice (other)
                                                                                  NOTICE of filing the administrative record by USA. Service: 6/18/01 (DS)
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                                                                                    Blank 16 Filed: 6/6/2001, Entered: 6/8/2001 Answer
                                                                                    ANSWER to Complaint by USA. Service: 6/6/01 ( JPSR due 7/24/01 ) (DS)
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                                                                                      Blank 15 Filed: 6/4/2001, Entered: 6/6/2001 OrderCourt Filing
                                                                                      ORDER granting [14-1] motion to Extend Time to respond to the complaint by 6/6/01 , and Defendant shall file the Administrative Record by 6/18/01 ( signed by Judge Robert H. Hodges ) Copy to parties. (HW)
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                                                                                        Blank 14 Filed: 5/25/2001, Entered: 5/29/2001, Terminated: 6/4/2001 Terminated:
                                                                                        MOTION by USA (Service: 5/25/01) to Extend Time to respond to the complaint (to June 6, 2001). Response due: 6/11/01 (DS)
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                                                                                          Blank 13 Filed: 5/21/2001, Entered: 5/22/2001 Order
                                                                                          ORDER granting [12-1] motion to Extend Time to respond to the complaint reset Answer deadline to 5/25/01 ( signed by the Clerk ) Copy to parties. (DS)
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                                                                                            Blank 12 Filed: 5/18/2001, Entered: 5/22/2001, Terminated: 5/21/2001 Terminated:
                                                                                            MOTION by USA (Service: 5/18/01) to Extend Time to respond to the complaint (to May 25, 2001). (DS)
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                                                                                              Blank 11 Filed: 5/7/2001, Entered: 5/8/2001 OrderCourt Filing
                                                                                              ORDER directing defendant to respond to the amended complaint by 5/18/01 . ( signed by Judge Robert H. Hodges ) Copy to parties. (DS)
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                                                                                                Blank 10 Filed: 5/2/2001, Entered: 5/8/2001 Terminated:
                                                                                                MOTION by USA (Service : 5/2/01 ) For reconsideration of [9-1] order under Rule 83.2 and to Extend Time to respond to the complaint (to May 18, 2001). (DS)
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                                                                                                  Blank 9 Filed: 4/23/2001, Entered: 4/24/2001 OrderCourt Filing
                                                                                                  ORDER re: If plaintiff wishes to pursue this case, plaintiff should do so on an expedited basis hereafter (signed by Judge Robert H. Hodges). Copy to parties. (FE)
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                                                                                                    Blank 8 Filed: 4/19/2001, Entered: 4/19/2001, Terminated: 4/23/2001 Motion to Stay
                                                                                                    MOTION by ROCKY A. FREUDENBERG (Service: 4/18/01) to Lift Stay of proceedings . Response due: 5/7/01. (FE)
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                                                                                                      Blank 8 Filed: 4/19/2001, Entered: 4/19/2001
                                                                                                      STATUS REPORT by ROCKY A. FREUDENBERG. Service: 4/18/01. (FE)
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                                                                                                        Blank 7 Filed: 4/19/2001, Entered: 4/19/2001 Amended Complaint
                                                                                                        FIRST AMENDED COMPLAINT by ROCKY A. FREUDENBERG (Answer due 5/2/01) amending [1-1] complaint. Service: 4/18/01. (FE)
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                                                                                                          Blank 6 Filed: 4/6/2001, Entered: 4/9/2001 OrderCourt Filing
                                                                                                          ORDER Status Report deadline to 4/20/01 (signed by Judge Robert H. Hodges). Copy to parties. (FE)
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                                                                                                            Blank 5 Filed: 1/3/2000, Entered: 1/4/2000 OrderCourt Filing
                                                                                                            ORDER granting [4-1] motion to Stay. ( signed by Judge Robert H. Hodges ) Copy to parties. (JT)
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                                                                                                              Blank 4 Filed: 12/30/1999, Entered: 12/30/1999, Terminated: 1/3/2000 Motion to Stay
                                                                                                              MOTION by ROCKY A. FREUDENBERG (Service : 12/29/99 ) to Stay. Response due: 1/18/00 (AB)
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                                                                                                                Blank 3 Filed: 12/7/1999, Entered: 12/9/1999 Notice of Appearance/
                                                                                                                NOTICE of Attorney Appearance for USA by Michael Francis Kiely. Service: 12/7/99. (FE)
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                                                                                                                  Blank 2 Filed: 11/9/1999, Entered: 11/10/1999 Case Assigned/ReassignedCourt Filing
                                                                                                                  Notice of assignment to Judge Robert H. Hodges. Copy to parties. (FE)
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                                                                                                                    Blank 1 Filed: 11/9/1999, Entered: 11/10/1999 Complaint
                                                                                                                    COMPLAINT, FILING FEE $120, RECEIPT #048602. Answer due on 1/10/00. (FE)
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