VAN CLEAVE v. USA
Federal Civil Lawsuit United States Court of Federal Claims, Case No. 1:03-cv-01765-RHH
District Judge Robert H. Hodges, Jr., presiding

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No Logo CHARLES VAN CLEAVE, Plaintiff
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 Domenique Grace Kirchner +1 202 307 1111 +1 202 514 8624 domenique.kirchner@usdoj.gov
Office COFC
Filed 7/24/2003
Jury Demand None
Demand $0
Nature of Suit 352 - Military Pay - Retirement
Cause Section 28 U.S.C. § 1491 Tucker Act
Jurisdiction U.S. Government Defendant
Disposition Judgment
County None
Terminated 11/21/2006
Origin 4
Reopened 5/23/2005
Lead Case None
Related Case
Other Court Cases '04-5133'[], '07-5123'[]
Def Custody Status
Flag CLOSED
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Blank 112 Filed: 12/11/2007, Entered: 12/27/2007 Certified Transcript to Attorney
CERTIFIED TRANSCRIPT, forwarded to Charles Van Cleave. See letter in file. (bre,)
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    Blank 111 Filed: 12/3/2007, Entered: 12/4/2007 Published Opinion/OrderCourt Filing
    PUBLISHED ORDER AND OPINION dismissing plaintiff's application for attorney's fees pursuant to EAJA. No costs. Signed by Judge Robert H. Hodges Jr. (lld)
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      Blank 110 Filed: 11/6/2007, Entered: 11/9/2007 Costs Taxed
      Costs Taxed in amount of $ 298.96 against defendant. Taxation signed by Clerk. (lld)
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        Blank 108 Filed: 8/14/2007, Entered: 8/15/2007 Reply to Response to Motion
        REPLY to Response to Motion for Attorney Fees and Costs Under equla Access to Justice Act, filed by CHARLES VAN CLEAVE. Service: 8/8/2007.(mij, )
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          Blank 107 Filed: 7/27/2007, Entered: 8/1/2007 Response
          RESPONSE to Plaintiff's Motion for Attorney Fees and Cost under the Equal Access to Justice Act., filed by USA. Service: 7/27/2007.(mij, )
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            Blank 106 Filed: 7/27/2007, Entered: 7/30/2007 Objections to Bill of Costs
            Objections to [105] Bill of Costs, filed by USA. Service: 7/27/2007.(mij, )
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              Blank 109 Filed: 6/29/2007, Entered: 9/24/2007 ~Notice (other)
              MOTION for Attorney Fees, filed by CHARLES VAN CLEAVE Service: 6/26/2007.(mij, )
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                Blank 105 Filed: 6/29/2007, Entered: 7/2/2007 Bill of Costs
                BILL OF COSTS, filed by CHARLES VAN CLEAVE.Objection to Bill of Costs due by 7/30/2007 (mij, )
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                  Blank 104 Filed: 5/30/2007, Entered: 6/4/2007 CAFC Mandate Dismissing
                  MANDATE of CAFC dismissing [101] Notice of Cross Appeal filed by CHARLES VAN CLEAVE, [100] Notice of Appeal filed by USA. (hw1, )
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                    Blank 103 Filed: 5/25/2007, Entered: 6/4/2007 Terminated:
                    CAFC Case Number 07-5123 for [100] Notice of Appeal filed by USA. (hw1, )
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                      Blank 102 Filed: 2/28/2007, Entered: 2/28/2007, Terminated: 5/30/2007 CAFC Case Number
                      CAFC Case Number 07-5076 for [100] Notice of Appeal filed by USA. (hw1, )
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                        Blank 101 Filed: 2/26/2007, Entered: 2/26/2007, Terminated: 5/30/2007 Notice of cross-appeal
                        NOTICE OF CROSS APPEAL, filed by CHARLES VAN CLEAVE. Filing fee $ 455.00, receipt number 066222 and 066223. Copies to opposing party, judge and CAFC. (hw1, )
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                          Blank 100 Filed: 2/12/2007, Entered: 2/14/2007 Terminated:
                          NOTICE OF APPEAL, filed by USA. Copies to judge, opposing party and CAFC. (hw1, )
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                            Blank 99 Filed: 1/18/2007, Entered: 1/18/2007 Court Filing
                            ORDER directing Clerk to return premature filing of the Plaintiff's Bill of Cost. Signed by Judge Robert H. Hodges Jr. (mij, )
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                              Blank 98 Filed: 1/3/2007, Entered: 1/3/2007 Court Filing
                              ORDER Signed by Judge Robert J. Yock for Judge Robert H. Hodges Jr. (mij, )
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                                Blank 97 Filed: 12/20/2006, Entered: 12/20/2006 Court Filing
                                ORDER directing clerk to return plaintiff's filing as premature. Signed by Judge Robert J. Yock for Judge Robert H. Hodges Jr. (mij, )
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                                  Blank 96 Filed: 12/15/2006, Entered: 12/18/2006 Response to Motion
                                  RESPONSE to [93] MOTION to correct entry of judgment , filed by CHARLES VAN CLEAVE.Reply due by 12/29/2006. Service: 12/11/2006.(mij, )
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                                    Blank 95 Filed: 12/14/2006, Entered: 12/14/2006
                                    AMENDED JUDGMENT entered, pursuant to Rule 58, that the Navy will correct plaintiff's military records to reflect a thirty percent disability rating for migraine headaches, entitling plaintiff to benefits in accordance with such a rating. Judgment is entered in favor of plaintiff in the amount of zero ($0.00). Costs to plaintiff. (lld, )
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                                      Blank 94 Filed: 12/14/2006, Entered: 12/14/2006 Court Filing
                                      ORDER TO CORRECT ENTRY OF JUDGMENT. The Clerk is directed to amend the November 21, 2006 judgment to include a direction to the Navy to assign plaintiff a thirty percent disability rating. Plaintiff's application for attorney's fees and costs is dismissed without prejudice as being premature. Signed by Judge Eric G. Bruggink for Judge Robert H. Hodges, Jr. (lld, )
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                                        Blank 93 Filed: 12/4/2006, Entered: 12/5/2006 Terminated:
                                        Unopposed MOTION to correct entry of judgment , filed by USA. Service: 12/4/2006.Response due by 12/21/2006.(mij, )
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                                          Blank 92 Filed: 11/21/2006, Entered: 11/21/2006
                                          SUR-REPLY to Defendent's Status Report, filed by CHARLES VAN CLEAVE. Service: 11/7/2006.(mij, )
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                                            Blank 91 Filed: 11/21/2006, Entered: 11/21/2006
                                            JUDGMENT entered, pursuant to Rule 58, in favor of plaintiff in the amount of $0.00. Costs to plaintiff. (dls )
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                                              Blank 90 Filed: 10/30/2006, Entered: 10/31/2006 Reply to Response to Motion
                                              REPLY to RESPONSE to Defendent's Status Report , filed by USA. Service: 10/30/2006.(mij, )
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                                                Blank 89 Filed: 10/27/2006, Entered: 10/30/2006 Response
                                                RESPONSE to Defendent's Status Report , filed by CHARLES VAN CLEAVE. Service: 10/27/2006.(mij, )
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                                                  Blank 88 Filed: 10/23/2006, Entered: 10/24/2006 Status Report
                                                  STATUS REPORT, filed by USA. Service: 10/23/2006.(mij, )
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                                                    Blank 87 Filed: 10/3/2006, Entered: 10/3/2006 Court Filing
                                                    ORDER granting [86] Motion for Extension of Time Notice of Compliance due by 10/23/2006. Signed by Judge Robert H. Hodges Jr. (mij, )
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                                                      Blank 86 Filed: 9/29/2006, Entered: 10/2/2006, Terminated: 10/3/2006 Terminated:
                                                      MOTION for Extension of Time until 10/23/2006 to to file the Department of the Navy's Final Decision , filed by USA. Service: 9/28/2006.Response due by 10/16/2006.(mij, )
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                                                        Blank 85 Filed: 9/5/2006, Entered: 9/6/2006 Status Report
                                                        STATUS REPORT, filed by USA. Service: 9/5/2006.(mij, )
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                                                          Blank 84 Filed: 6/5/2006, Entered: 6/7/2006 Order Remanding to AgencyCourt Filing
                                                          ORDER REMANDING case to Secretary of the Navy.Agency Decision due by 10/2/2006 (October 1, 2006 falls on a Sunday); Defendant's Status Report due by 9/5/2006. Signed by Judge Robert H. Hodges Jr. (dls)
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                                                            Blank 83 Filed: 6/1/2006, Entered: 6/7/2006 Joint Status Report
                                                            JOINT STATUS REPORT, filed by all parties. Service: 6/1/2006.(mb2, )
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                                                              Blank 82 Filed: 5/31/2006, Entered: 6/5/2006 Order on Motion for Extension of Time to FileCourt Filing
                                                              ORDER granting [81] Motion for Extension of Time. Status Report due by 6/2/2006. Signed by Judge Robert H. Hodges Jr. (mb2, )
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                                                                Blank 81 Filed: 5/26/2006, Entered: 6/1/2006, Terminated: 5/31/2006 Terminated:
                                                                MOTION for Extension of Time until 6/2/2006 to File Joint Status Report , filed by USA. Service: 5/26/2006.Response due by 6/12/2006.(mb2, )
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                                                                  Blank 80 Filed: 5/19/2006, Entered: 5/30/2006 Published OpinionCourt Filing
                                                                  PUBLISHED OPINION on [66] CROSS MOTION and RESPONSE to [62] Motion for Summary Judgment on the Administrative Record filed by CHARLES VAN CLEAVE, filed by USA, [69] MOTION to Supplement the Administrative Record [59] Administrative Record filed by USA, [62] MOTION for Summary Judgment on the Administrative Record filed by CHARLES VAN CLEAVE, Status Report due by 5/26/2006. Signed by Judge Robert H. Hodges Jr. (mb2, )
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                                                                    Blank 79 Filed: 4/4/2006, Entered: 4/6/2006 Order Setting Oral Argument/Hearing on MotionCourt Filing
                                                                    ORDER Resetting Hearing on Motion: Oral Argument reset for 4/19/2006 at 2:00 PM before Sr. Judge Robert H. Hodges Jr. Signed by Judge Robert H. Hodges Jr. (mb2, )
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                                                                      Blank 78 Filed: 3/30/2006, Entered: 4/3/2006 Order Setting Oral Argument/Hearing on MotionCourt Filing
                                                                      ORDER Setting Hearing on Motion: Oral Argument set for 4/5/2006 02:00 PM in Chambers (Telephonic) before Sr. Judge Robert H. Hodges Jr. Signed by Senior Judge Robert H. Hodges Jr..(dw1)
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                                                                        Blank 77 Filed: 3/10/2006, Entered: 3/13/2006 Reply to Response to Motion
                                                                        REPLY to Response to Motion re [69] MOTION to Supplement the Administrative Record [59] Administrative Record , filed by USA. Service: 3/10/2006.(mb2, )
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                                                                          Blank 76 Filed: 3/10/2006, Entered: 3/13/2006 Statement of Facts
                                                                          COUNTER STATEMENT OF FACTS re: [70] Statement of Facts, filed by USA. Service: 3/10/2006.(mb2, )
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                                                                            Blank 75 Filed: 3/10/2006, Entered: 3/13/2006 Reply to Response to Motion
                                                                            REPLY to Response to Motion re [66] CROSS MOTION and RESPONSE to [62] Motion for Summary Judgment on the Administrative Record filed by CHARLES VAN CLEAVE, , filed by USA. Service: 3/10/2006.(mb2, )
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                                                                              Blank 74 Filed: 3/8/2006, Entered: 3/13/2006 Statement of Facts
                                                                              COUNTER STATEMENT OF FACTS re: [67] Statement of Facts, filed by CHARLES VAN CLEAVE. Service: 3/2/2006.(mb2, )
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                                                                                Blank 73 Filed: 3/8/2006, Entered: 3/13/2006 Proposed Additional Facts
                                                                                PROPOSED ADDITIONAL FACTS re: [62] Motion for Summary Judgment on the Administrative Record, filed by CHARLES VAN CLEAVE. Service: 3/2/2006.(mb2, )
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                                                                                  Blank 72 Filed: 3/8/2006, Entered: 3/13/2006 Response to Cross Motion
                                                                                  RESPONSE and reply to [66] CROSS MOTION and RESPONSE to [62] Motion for Summary Judgment on the Administrative Record, filed by CHARLES VAN CLEAVE. [FILED BY LEAVE OF THE JUDGE] Reply due by 3/20/2006. Service: 3/2/2006.(mb2, )
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                                                                                    Blank 71 Filed: 2/28/2006, Entered: 3/3/2006 Response to Motion
                                                                                    RESPONSE to [69] MOTION to Supplement the Administrative Record [59] Administrative Record , filed by CHARLES VAN CLEAVE. Reply due by 3/13/2006. Service: 2/27/2006.(mb2, )
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                                                                                      Blank 70 Filed: 2/27/2006, Entered: 3/3/2006 Statement of Facts
                                                                                      AMENDED STATEMENT OF FACTS re: [62] Motion for Summary Judgment on the Administrative Record, filed by CHARLES VAN CLEAVE. [FILED BY LEAVE OF THE JUDGE] Service: 2/21/2006.(mb2, )
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                                                                                        Blank 69 Filed: 2/27/2006, Entered: 3/2/2006 Terminated:
                                                                                        MOTION to Supplement the Administrative Record [59] Administrative Record , filed by USA. Service: 2/24/2006. Response due by 3/13/2006. (mb2, )
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                                                                                          Blank 68 Filed: 2/24/2006, Entered: 2/28/2006 Statement of Facts
                                                                                          COUNTER STATEMENT OF FACTS re: [63] Statement of Facts, filed by USA. Service: 2/24/2006.(mb2, )
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                                                                                            Blank 67 Filed: 2/24/2006, Entered: 2/28/2006 Statement of Facts
                                                                                            STATEMENT OF FACTS re: [66] Cross Motion [Dispositive], filed by USA. Service: 2/24/2006.(mb2, )
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                                                                                              Blank 66 Filed: 2/24/2006, Entered: 2/28/2006 Terminated:
                                                                                              CROSS MOTION and RESPONSE with separate appendix to [62] Motion for Summary Judgment on the Administrative Record, filed by USA. Service: 2/24/2006. Response due by 3/27/2006. (mb2, )
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                                                                                                Blank 65 Filed: 2/14/2006, Entered: 2/15/2006 Scheduling OrderCourt Filing
                                                                                                SCHEDULING ORDER: Plaintiff's Reply due by 3/3/2006. Defendant's Response due by 2/24/2006. Defendant's Reply due by 3/10/2006. Signed by Judge Robert H. Hodges Jr.. (dw1)
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                                                                                                  Blank 64 Filed: 2/10/2006, Entered: 2/14/2006 Terminated:
                                                                                                  MOTION for Extension of Time until 2/24/2006 to File Response or Reply as to [62] MOTION for Summary Judgment on the Administrative Record , filed by USA. Service: 2/10/2006. Response due by 2/27/2006. (mb2, )
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                                                                                                    Blank 63 Filed: 2/10/2006, Entered: 2/14/2006 Statement of Facts
                                                                                                    STATEMENT OF FACTS re: [62] Motion for Summary Judgment on the Administrative Record, filed by CHARLES VAN CLEAVE. Service: 2/9/2006.(mb2, )
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                                                                                                      Blank 62 Filed: 2/10/2006, Entered: 2/14/2006 Terminated:
                                                                                                      MOTION for Summary Judgment on the Administrative Record , filed by CHARLES VAN CLEAVE. Service: 2/9/2006. Response due by 2/17/2006. (mb2, )
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                                                                                                        Blank 61 Filed: 1/27/2006, Entered: 1/31/2006 Scheduling OrderCourt Filing
                                                                                                        SCHEDULING ORDER: Dispositive Motion(s) due by 2/10/2006. Cross Motions due by 2/17/2006. Response due by 2/24/2006. Reply due by 3/3/2006. Signed by Judge Robert H. Hodges Jr. (mb2, )
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                                                                                                          Blank 60 Filed: 1/23/2006, Entered: 1/25/2006 ~Notice (other)
                                                                                                          NOTICE of Plaintiff's Position on Remand, filed by CHARLES VAN CLEAVE. Service: 1/18/2006.(mb2, )
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                                                                                                            Blank 59 Filed: 1/23/2006, Entered: 1/24/2006 Administrative Record
                                                                                                            ADMINISTRATIVE RECORD, filed by USA. [FILED BY LEAVE OF THE JUDGE] (mb2, )
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                                                                                                              Blank 58 Filed: 1/20/2006, Entered: 1/24/2006 ~Notice (other)
                                                                                                              NOTICE of Filing of the Administrative Record and Response to [57] Status Report Order, filed by USA. Service: 1/20/2006.(mb2, )
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                                                                                                                Blank 57 Filed: 12/28/2005, Entered: 12/30/2005 Status Report/OrderCourt Filing
                                                                                                                STATUS REPORT ORDER: Status Report due by 1/23/2006. Signed by Judge Robert H. Hodges Jr. (mb2, )
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                                                                                                                  Blank 56 Filed: 12/22/2005, Entered: 12/27/2005 Response
                                                                                                                  RESPONSE to [46] Published Opinion , filed by USA. Service: 12/22/2005.(mb2, )
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                                                                                                                    Blank 55 Filed: 12/16/2005, Entered: 12/22/2005 ~Notice (other)Court Filing
                                                                                                                    ADDENDUM filed by CHARLES VAN CLEAVE re [53] MOTION for Relief, by leave of the Judge. Service: 11/29/2005.(dw1)
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                                                                                                                      Blank 54 Filed: 11/29/2005, Entered: 12/2/2005 OrderCourt Filing
                                                                                                                      ORDER: Plaintiff may return to this court if he is not satisfied, once the BCNR has completed its proceedings according to the Remand Order. The USA will respond to the Remand Order by 1/6/2005. Signed by Judge Robert H. Hodges Jr. (mb2, )
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                                                                                                                        Blank 53 Filed: 11/28/2005, Entered: 12/1/2005 Terminated:
                                                                                                                        MOTION for Relief , filed by CHARLES VAN CLEAVE. Service: 11/23/2005. Response due by 12/12/2005. (mb2, ) Modified on 12/2/2005 (mb2, ).
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                                                                                                                          Blank 52 Filed: 10/28/2005, Entered: 11/2/2005 OrderCourt Filing
                                                                                                                          ORDER: The Government represents that the Board will respond to the remand Order no later that December 23. We will act promptly upon receipt of that report. Signed by Judge Robert H. Hodges Jr. (mb2, )
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                                                                                                                            Blank 51 Filed: 10/25/2005, Entered: 10/28/2005 Response
                                                                                                                            RESPONSE to [50] Order, filed by USA. Service: 10/25/2005.(mb2, )
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                                                                                                                              Blank 50 Filed: 10/20/2005, Entered: 10/24/2005 OrderCourt Filing
                                                                                                                              ORDER:Defendant will advise the court whether the Board will review plaintiff's records and respond to the court's remand Order by 10/26/2005. Signed by Judge Robert H. Hodges Jr. (mb2, )
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                                                                                                                                Blank 49 Filed: 10/20/2005, Entered: 10/24/2005 Response to Motion
                                                                                                                                RESPONSE to [48] MOTION Relief re [47] Status Report , filed by USA. Reply due by 11/3/2005. Service: 10/20/2005.(mb2, )
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                                                                                                                                  Blank 48 Filed: 10/17/2005, Entered: 10/18/2005 Terminated:
                                                                                                                                  MOTION Relief and RESPONSE to [47] Status Report, filed by CHARLES VAN CLEAVE. [FILED BY LEAVE OF THE JUDGE] Service: 10/11/2005. Response due by 10/28/2005. (mb2, ) Modified on 10/18/2005 (mb2, ).
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                                                                                                                                    Blank 47 Filed: 9/29/2005, Entered: 9/30/2005 Status Report
                                                                                                                                    STATUS REPORT, filed by USA. Service: 9/29/2005.(mb2, )
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                                                                                                                                      Blank -- Filed: 6/29/2005, Entered: 6/29/2005
                                                                                                                                      Administrative Record Returned to defendant's attorney for return to agency pursuant to RCFC 56.2(a)(4). (dls )
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                                                                                                                                        Blank 46 Filed: 6/24/2005, Entered: 6/28/2005 Published OpinionCourt Filing
                                                                                                                                        PUBLISHED OPINION REMANDING case to the Board for Correction of Naval Records; and DENYING defendant's motion to dismiss. Signed by Judge Robert H. Hodges Jr. Certified copy forwarded to the BCNR.(dls)
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                                                                                                                                          Blank 44 Filed: 5/23/2005, Entered: 6/1/2005 CAFC Mandate Vacating
                                                                                                                                          MANDATE of CAFC vacating [28] Judgment and remanding for further processings consistent with this (attached) opinion. (hw1, )
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                                                                                                                                            Blank -- Filed: 3/18/2005, Entered: 3/18/2005
                                                                                                                                            Appeal record sent to CAFC. (hw1, )
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                                                                                                                                              Blank 43 Filed: 8/16/2004, Entered: 8/19/2004 Terminated:
                                                                                                                                              CAFC Case Number 04-5133 for [42] Notice of Appeal filed by CHARLES VAN CLEAVE. (hw1, )
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                                                                                                                                                Blank 42 Filed: 8/2/2004, Entered: 8/2/2004, Terminated: 5/23/2005 Notice of Appeal
                                                                                                                                                NOTICE OF APPEAL by CHARLES VAN CLEAVE. Filing fee $ 255.00, receipt number 061112. Copies to judge, opposing party and CAFC. (hw1, )
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                                                                                                                                                  Blank 41 Filed: 8/2/2004, Entered: 8/2/2004, Terminated: 5/19/2006 Motion to Substitute Attorney (Consented)
                                                                                                                                                  Consented MOTION to Substitute Charles Van Cleave, pro se in place of attorney J. Byron Holcomb by CHARLES VAN CLEAVE.Service: 7/29/2004. (hw1, )
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                                                                                                                                                    Blank 40 Filed: 7/15/2004, Entered: 7/19/2004 Order on Motion For Leave to File.Court Filing
                                                                                                                                                    ORDER: [38] Dft's Motion for Leave to File is MOOT. We ask that the Clerk of Court accpet this filing for the record. Signed by Judge Robert H. Hodges Jr. (jcp, )
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                                                                                                                                                      Blank 39 Filed: 7/2/2004, Entered: 7/8/2004 Order on Motion for Reconsideration - Rule 59(a)Court Filing
                                                                                                                                                      ORDER: [31] Pltf's Motion for Reconsideration - Rule 59(a) is DENIED. Signed by Judge Robert H. Hodges Jr. (jcp, )
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                                                                                                                                                        Blank 38 Filed: 6/25/2004, Entered: 6/29/2004 Terminated:
                                                                                                                                                        MOTION for Leave to File Defendant's Reply to Plaintiff's Response to Court's Order by USA, (Reply attached).Service: 6/25/04. Response due by 7/12/2004. (dw1)
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                                                                                                                                                          Blank 37 Filed: 6/8/2004, Entered: 6/10/2004 Response
                                                                                                                                                          RESPONSE to Court's [34] Order of 5/18/2004, filed by CHARLES VAN CLEAVE. Service: 6/4/2004.(jcp, )
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                                                                                                                                                            Blank 36 Filed: 6/4/2004, Entered: 6/8/2004 Scheduling OrderCourt Filing
                                                                                                                                                            SCHEDULING ORDER: We asked that pltf address certain issues raised in the Federal Circuit McHenry decision. If counsel wishes to respond, he should do so no later than 6/11/2004. Signed by Judge Robert H. Hodges Jr. (jcp, )
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                                                                                                                                                              Blank 35 Filed: 5/20/2004, Entered: 5/21/2004 Supplemental Brief
                                                                                                                                                              NOTICE of Additional Authority in Support of [31] Pltf's Motion for Reconsideration, by CHARLES VAN CLEAVE. [FILED BY LEAVE OF THE JUDGE] Service: 5/16/2004.(jcp, )
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                                                                                                                                                                Blank 34 Filed: 5/18/2004, Entered: 5/19/2004 OrderCourt Filing
                                                                                                                                                                ORDER: We ask that the pltf address the following: (See order for details). Signed by Judge Robert H. Hodges Jr. (jcp, )
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                                                                                                                                                                  Blank 33 Filed: 5/14/2004, Entered: 5/17/2004 Terminated:
                                                                                                                                                                  Consented MOTION to Substitute J. Byron Holcomb as Attorney of Record in place of plaintiff (pro se) filed by CHARLES VAN CLEAVE.Service: 5/11/04. (dls)
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                                                                                                                                                                    Blank -- Filed: 5/14/2004, Entered: 5/17/2004 Add and Terminate Attorneys
                                                                                                                                                                    ***Attorney J. Byron Holcomb for CHARLES VAN CLEAVE added. (dls)
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                                                                                                                                                                      Blank 32 Filed: 5/10/2004, Entered: 5/13/2004 Order on Motion for Extension of Time to FileCourt Filing
                                                                                                                                                                      ORDER: Mr. Van Cleave's attorney must file a motion to substitute pursuant to Rule 83.1(c)(4) rather than a notice of appearance. Meanwhile, the 4/22/2004 [29] Motion for Extension of Time is DENIED. We ask the Clerk of Court accept pltf's motion for reconsideration notwithstanding the defects noted. We will advise the dft whether it should file a response to the motion for reconsideration as soon as possible. Signed by Judge Robert H. Hodges Jr. (jcp, )
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                                                                                                                                                                        Blank 31 Filed: 5/10/2004, Entered: 5/13/2004, Terminated: 7/2/2004 Terminated:
                                                                                                                                                                        MOTION for Reconsideration - Rule 59(a) re: [28] Judgment, [27] Published Order/Opinion Dated 4/15/2004, by CHARLES VAN CLEAVE. [FILED BY LEAVE OF THE JUDGE]Service: 4/28/2004. (jcp, )
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                                                                                                                                                                          Blank 30 Filed: 5/4/2004, Entered: 5/6/2004 Response to Motion
                                                                                                                                                                          OPPOSITION to [29] Pltf's MOTION for Extension of Time until 05/19/2004 to file Motion for Reconsideration filed by USA. Reply due by 5/18/2004. Service: 5/4/2004.(jcp, )
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                                                                                                                                                                            Blank 29 Filed: 4/22/2004, Entered: 4/26/2004, Terminated: 5/10/2004 Terminated:
                                                                                                                                                                            MOTION for Extension of Time until 05/19/2004 to file Motion for Reconsideration by CHARLES VAN CLEAVE.Service: 04/20/2004. Response due by 5/10/2004 (lld, )
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                                                                                                                                                                              Blank 28 Filed: 4/15/2004, Entered: 4/15/2004
                                                                                                                                                                              JUDGMENT entered, pursuant to Rule 58, that the complaint is dismissed. No costs. (lld, )
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                                                                                                                                                                                Blank 27 Filed: 4/15/2004, Entered: 4/15/2004 Court Filing
                                                                                                                                                                                PUBLISHED ORDER and OPINION granting [9] MOTION to Dismiss pursuant to Rule 12(b)(6) filed by USA. The Clerk is directed to enter judgment dismissing the complaint. No costs. Signed by Judge Robert H. Hodges Jr. (lld, )
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                                                                                                                                                                                  Blank 26 Filed: 4/5/2004, Entered: 4/7/2004 Reply to Response to Motion
                                                                                                                                                                                  REPLY to Dft's Opposition to [21] Pltf's MOTION to Strike Administrative Record, filed by CHARLES VAN CLEAVE. [FILED BY LEAVE OF THE JUDGE] Service: 3/25/2004.(jcp, )
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                                                                                                                                                                                    Blank 25 Filed: 3/19/2004, Entered: 3/24/2004 OrderCourt Filing
                                                                                                                                                                                    ORDER: Pltf's motion to strike the administrative record is unusual and dft points out that it may be premature. A dispositive motion based on alleged failure to state a claim is pending in this court. We will give pltf a reasonable time to respond if he wishes. Signed by Judge Robert H. Hodges Jr. (jcp, )
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                                                                                                                                                                                      Blank 24 Filed: 3/16/2004, Entered: 3/17/2004 Scheduling OrderCourt Filing
                                                                                                                                                                                      SCHEDULING ORDER: Hearing by telephone set for 4/9/2004 02:00 PM before Judge Robert H. Hodges Jr.. Signed by Judge Robert H. Hodges Jr. (dw1)
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                                                                                                                                                                                        Blank 23 Filed: 3/15/2004, Entered: 3/16/2004 Response to Motion
                                                                                                                                                                                        OPPOSITION to [21] Pltf's MOTION to Strike Administrative Record, filed by USA. Reply due by 3/26/2004. Service: 3/12/2004.(jcp, )
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                                                                                                                                                                                          Blank 22 Filed: 3/1/2004, Entered: 3/3/2004 Description not available
                                                                                                                                                                                          REPLY to Pltf's Opposition to [9] Dft's MOTION to Dismiss Pursuant to Rule 12(b)(6) filed by USA. Service: 2/27/2004.(jcp, )
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                                                                                                                                                                                            Blank 21 Filed: 2/27/2004, Entered: 3/1/2004 Terminated:
                                                                                                                                                                                            MOTION to Strike Administrative Record by CHARLES VAN CLEAVE.Service: 2/25/2004. Response due by 3/15/2004.(jcp, )
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                                                                                                                                                                                              Blank 20 Filed: 2/10/2004, Entered: 2/17/2004 Reply to Response to Motion
                                                                                                                                                                                              REPLY to Pltf's Opposition to [12] Dft's MOTION for a Protective Order filed by USA. [FILED BY LEAVE OF THE JUDGE] Service: 2/6/2004.(jcp, )
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                                                                                                                                                                                                Blank 19 Filed: 2/10/2004, Entered: 2/17/2004 Response to Motion
                                                                                                                                                                                                RESPONSE to [15] Dft's MOTION for Extension of Time to File Reply to [13] Pltf's Response to Dft's Motion to Dismiss, until March 3, 2004, filed by CHARLES VAN CLEAVE. Reply due by 2/23/2004. Service: 2/7/2004.(jcp, )
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                                                                                                                                                                                                  Blank 18 Filed: 2/9/2004, Entered: 2/13/2004 Order on Motion for Extension of Time to File RespCourt Filing
                                                                                                                                                                                                  ORDER granting [15] Dft's Motion for Extension of Time to File Reply [9] Dft's MOTION to Dismiss Pursuant to Rule 12(b)(6). Reply due by 3/3/2004. Signed by Judge Robert H. Hodges Jr. (jcp, )
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                                                                                                                                                                                                    Blank 17 Filed: 2/6/2004, Entered: 2/12/2004 OrderCourt Filing
                                                                                                                                                                                                    ORDER: The Clerk of Court rejected pltf's filing because it was late and did not include the proper number of copies. We ask the Clerk accept Pltf's Opposition to Dft's Motion for Protective Order notwithstanding these defects. Signed by Judge Robert H. Hodges Jr. (jcp, )
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                                                                                                                                                                                                      Blank 16 Filed: 2/6/2004, Entered: 2/12/2004 Response to Motion
                                                                                                                                                                                                      RESPONSE to [12] Dft's MOTION for Protective Order filed by CHARLES VAN CLEAVE. [FILED BY LEAVE OF THE JUDGE] Reply due by 2/10/2004. Service: 1/27/2004.(jcp, )
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                                                                                                                                                                                                        Blank 15 Filed: 2/2/2004, Entered: 2/5/2004, Terminated: 2/9/2004 Terminated:
                                                                                                                                                                                                        MOTION for Extension of Time to File Reply as to [13] Response to Motion Dismiss complaint, until March 3, 2004, by USA.Service: 2/2/04. Response due by 2/19/2004 (hw1, )
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                                                                                                                                                                                                          Blank 14 Filed: 1/21/2004, Entered: 1/26/2004 OrderCourt Filing
                                                                                                                                                                                                          ORDER: Pltf's response to dft's motion to dismiss is due today. We will review dft's motion for judgment on the Administrative Record and pltf's response and advise the parties whether we will schedule oral arguements. Dft may wish to file a reply. Once we have reviewed pltf's resonse, we will consider his request for discovery. Normally, however, discovery would not be appropriate where the court reviews a decision of the Board for Correction of Military Records. Signed by Judge Robert H. Hodges Jr. (jcp, )
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                                                                                                                                                                                                            Blank 13 Filed: 1/21/2004, Entered: 1/26/2004 Response to Motion
                                                                                                                                                                                                            RESPONSE to [9] Dft's MOTION to Dismiss Complaint Pursuant to Rule 12(b)(6) filed by CHARLES VAN CLEAVE. Reply due by 2/2/2004. Service: 1/16/2004.(jcp, )
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                                                                                                                                                                                                              Blank 12 Filed: 1/13/2004, Entered: 1/16/2004 Terminated:
                                                                                                                                                                                                              MOTION for Protective Order by USA.Service: 1/13/2004. Response due by 1/30/2004. (jcp, )
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                                                                                                                                                                                                                Blank 11 Filed: 12/23/2003, Entered: 12/30/2003 Order on Motion for Extension of Time to File RespCourt Filing
                                                                                                                                                                                                                ORDER granting [10] Pltf's Unopposed Motion for Extension of Time to File Response to [9] Dft's MOTION to Dismiss Pursuant to Rule 12(b)(6), until 1/21/2004.Pltf will file his Response on 1/21/2004. Signed by Judge Robert H. Hodges Jr. (jcp, )
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                                                                                                                                                                                                                  Blank 10 Filed: 12/22/2003, Entered: 12/29/2003, Terminated: 12/23/2003 Terminated:
                                                                                                                                                                                                                  MOTION for Extension of Time to File Response to [9] Dft's MOTION to Dismiss Pursuant to Rule 12(b)(6), until 1/21/2004, by CHARLES VAN CLEAVE.Service: 12/19/03. Response due by 1/5/2004. (jcp, )
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                                                                                                                                                                                                                    Blank 9 Filed: 11/20/2003, Entered: 11/26/2003 Terminated:
                                                                                                                                                                                                                    MOTION to Dismiss Pursuant to Rule 12(b)(6) by USA.Service: 11/20/03. Response due by 12/22/2003. (jcp, )
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                                                                                                                                                                                                                      Blank 8 Filed: 11/18/2003, Entered: 11/24/2003 Notice of Appearance/
                                                                                                                                                                                                                      NOTICE of Appearance by Domenique Grace Kirchner for USA. Service: 11/17/03.(jcp, )
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                                                                                                                                                                                                                        Blank 7 Filed: 10/7/2003, Entered: 10/10/2003 ~Notice (other)
                                                                                                                                                                                                                        NOTICE of filing of the Administrtive Record by USA Service: 10/07/03.(vro, )
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                                                                                                                                                                                                                          Blank 6 Filed: 9/30/2003, Entered: 10/7/2003 Order on Motion for Extension of Time to AnswerCourt Filing
                                                                                                                                                                                                                          ORDER granting [5] Motion for Extension of Time to Answer, Answer Due by 11/21/2003. The administrative record from the Board for the Correction of Naval Records should be filed with the court immediately. Signed by Judge Robert H. Hodges Jr. (jat, )
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                                                                                                                                                                                                                            Blank 5 Filed: 9/30/2003, Entered: 10/7/2003, Terminated: 9/30/2003 Terminated: Court Filing
                                                                                                                                                                                                                            MOTION for Extension of Time to File Answer re [4] Amended Complaint until 11/21/2003 by USA. Filed by leave of the Judge.Service: 9/23/03. Response due by 10/10/2003 (jat, )
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                                                                                                                                                                                                                              Blank 4 Filed: 9/24/2003, Entered: 9/30/2003 Amended Complaint
                                                                                                                                                                                                                              AMENDED COMPLAINT filed by CHARLES VAN CLEAVE. Related document: [1] Complaint filed by CHARLES VAN CLEAVE.(dw1, )
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                                                                                                                                                                                                                                Blank 3 Filed: 8/13/2003, Entered: 8/18/2003 Notice of Appearance/
                                                                                                                                                                                                                                NOTICE of Appearance by Opher Shweiki for USA.Service: 8/13/03.(jcp, )
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                                                                                                                                                                                                                                  Blank 2 Filed: 7/24/2003, Entered: 7/25/2003 Case Assigned/ReassignedCourt Filing
                                                                                                                                                                                                                                  Case Assigned to Judge Robert H. Hodges. (jat, )
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                                                                                                                                                                                                                                    Blank 1 Filed: 7/24/2003, Entered: 7/25/2003 Complaint
                                                                                                                                                                                                                                    COMPLAINT against UNITED STATES (NAV) ( Filing fee $150, Receipt number 058242), filed by CHARLES VAN CLEAVE.Answer Due by 9/22/2003.(jat, )
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