WISOTSKY v. USA
Federal Civil Lawsuit United States Court of Federal Claims, Case No. 1:04-cv-00300-MBH
District Judge Marian Blank Horn, presiding

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No Logo DANIEL P. WISOTSKY, Plaintiff

Toggle Switch Represented by Glen E. Keller, Jr

Name Phone Fax E-Mail
Space John Adams Wickham +1 303 670 3825 +1 303 670 1586 wickham1@wispertel.net
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 Nancy Myung-Jin Kim +1 202 353 0546 +1 202 514 8640 nancy.kim@usdoj.gov
Office COFC
Filed 3/5/2004
Jury Demand None
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 Judgment - Stipulation
County None
Terminated 5/18/2006
Origin 1
Reopened None
Lead Case None
Related Case
Other Court Case None
Def Custody Status
Flag CLOSED
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Blank 61 Filed: 11/16/2006, Entered: 11/16/2006 Court Filing
ORDER APPROVING [60] Stipulation of Dismissal filed by USA,, DANIEL P. WISOTSKY. Signed by Judge Marian Blank Horn. (dls )
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    Blank 60 Filed: 11/9/2006, Entered: 11/14/2006 Stipulation of Dismissal
    STIPULATION of Dismissal re: claim for attorney fees, filed by all parties. (dls )
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      Blank 59 Filed: 10/31/2006, Entered: 11/7/2006 Notice of Change of Address
      Notice of change of telephone number filed by Nancy Myung-Jin Kim. Service: 10/31/06.(dls )
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        Blank 58 Filed: 10/11/2006, Entered: 10/12/2006 Order on Motion for Extension of Time to File RespCourt Filing
        ORDER granting [57] Motion for Extension of Time to File Response to [52] MOTION for Attorney Fees.Response due by 11/9/2006. Signed by Judge Marian Blank Horn. (dls )
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          Blank 57 Filed: 10/6/2006, Entered: 10/12/2006, Terminated: 10/11/2006 Terminated:
          MOTION for Extension of Time until 11/9/06 to File Response to [52] MOTION for Attorney Fees , filed by USA. Service: 10/6/06.(dls )
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            Blank 56 Filed: 9/19/2006, Entered: 9/19/2006 Court Filing
            ORDER granting [55] Motion for Extension of Time to File Response/Reply re [52] MOTION for Attorney Fees Response due by 10/10/2006. Signed by Judge Marian Blank Horn. (lg1, )
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              Blank 55 Filed: 9/15/2006, Entered: 9/18/2006, Terminated: 9/19/2006 Terminated:
              MOTION for Extension of Time until 10/10/06 to File Response to [52] MOTION for Attorney Fees, [54] AMENDED MOTION for Attorney Fees , filed by USA. Service: 9/15/06.(dls )
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                Blank -- Filed: 9/15/2006, Entered: 9/15/2006
                Order dated September 14, 2006, reassigning case to Judge Wheeler was entered in this case in error. It has been deleted and entered in the correct case. (dls)
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                  Blank 54 Filed: 9/13/2006, Entered: 9/14/2006 Terminated:
                  AMENDED MOTION for Attorney Fees and Errata, together with a separate volume of appendix , filed by DANIEL P. WISOTSKY [by leave of the judge]. Service: 9/9/06.Response due by 9/19/2006 (per court order).(dls )
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                    Blank 53 Filed: 9/13/2006, Entered: 9/14/2006 Terminated:
                    MOTION for Extension of Time to File Response to [52] MOTION for Attorney Fees , filed by USA [by leave of the judge]. Service: 8/23/06.(dls )
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                      Blank 52 Filed: 9/13/2006, Entered: 9/14/2006 Terminated:
                      MOTION for Attorney Fees, together with two separate volumes of appendix, by DANIEL P. WISOTSKY filed [by leave of the judge]. Service: 8/4/06.Response due by 9/19/2006 (per court order).(dls )
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                        Blank 51 Filed: 9/13/2006, Entered: 9/14/2006 OrderCourt Filing
                        ORDER permitting the filing, by leave of the judge, of plaintiff's motion for attorney fees and defendant's motion for enlargement of time; GRANTING defendant's motion for enlargement of time to respond to plaintiff's motion; and directing defendant to respond to plaintiff's motion for attorney fees by September 19, 2006. Signed by Judge Marian Blank Horn. (dls )
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                          Blank 50 Filed: 6/22/2006, Entered: 6/23/2006 Certified Transcript to Attorney
                          CERTIFIED TRANSCRIPT OF JUDGMENT, dated June 7, 2006, forwarded to John Wickham. See letter in file. (bre, )
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                            Blank 49 Filed: 5/18/2006, Entered: 5/18/2006
                            JUDGMENT pursuant to Rule 58, that the plaintiff recover damages of and from the United States in the sum of $157,745.49. Plaintiff shall also recover prospective retirement annuity from the date this judgment is final and non-appealable at the grade of W01, in accordance with applicable statutes and regulations. Plaintiff?s military service records, including DD Form 214 (Certificate of Release/Discharge), are to be corrected to reflect Honorable voluntary retirement with twenty years of service at grade of W01 with a retirement date of October 1, 2001, with consistent codes for separation, re-enlistment, and authority (blocks 23-28). Plaintiff shall also receive DD form 363A (Retirement Certificate). Any documents related to the Board of Inquiry referral and proceedings, the later request/denial for re-enlistment, and separation papers/orders shall be expunged, including but not limited to records currently appearing at A.R. Vol. I 53-80, the entire BOI transcript (Def Appx), and changes to the document at A.R. Vol. II 334 (FITREP ending 31 Mar 98; blocks 17B, 19 (remove adverse marks), and in Section C block 21 (remove sentences 8-10 referring to UOTH, re-enlistment application, and termination)). (lld, )
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                              Blank 48 Filed: 5/17/2006, Entered: 5/18/2006 Unpublished Opinion/OrderCourt Filing
                              ORDER directing the clerk to enter judgment condsistent with the May 8, 2006 Joint Stipulation of Damages and this order. Signed by Judge Marian Blank Horn. (lld, )
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                                Blank 47 Filed: 5/8/2006, Entered: 5/15/2006 Stipulation
                                JOINT STIPULATION of DAMAGES filed by DANIEL P. WISOTSKY and USA. Service: 5/8/2006.(dw1)
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                                  Blank 46 Filed: 5/2/2006, Entered: 5/8/2006 Order on Motion for Extension of Time to FileCourt Filing
                                  ORDER granting [45] Motion for Extension of Time to file the Joint Stipulation of Damages. Joint Stipulation of Damages due by 5/8/2006. Signed by Judge Marian Blank Horn. (dw1)
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                                    Blank 45 Filed: 5/2/2006, Entered: 5/8/2006, Terminated: 5/2/2006 Terminated: Court Filing
                                    MOTION for Extension of Time until May 8, 2006 to file the Joint Stipulation of Damages filed by DANIEL P. WISOTSKY, by leave of the Judge. Service: 4/24/06.(dw1)
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                                      Blank 44 Filed: 4/18/2006, Entered: 4/20/2006 Order on Motion for Extension of Time to FileCourt Filing
                                      ORDER granting [43] Motion for Extension of Time. Joint Stipulation of Damages due by 4/24/2006. Signed by Judge Marian Blank Horn. (mb2, )
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                                        Blank 43 Filed: 4/10/2006, Entered: 4/17/2006, Terminated: 4/18/2006 Terminated:
                                        MOTION for Extension of Time until 4/24/2006 to File Joint Stipulation of Damages , filed by USA. Service: 4/7/2006. Response due by 4/24/2006.(mb2, )
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                                          Blank 42 Filed: 3/30/2006, Entered: 4/3/2006 Order on Motion for Extension of Time to FileCourt Filing
                                          ORDER granting [41] Motion for Extension of Time to file the Joint Stipulation of Damages. Joint Stipulation of Damages or Joint Status Report due by 4/10/2006. Signed by Judge Marian Blank Horn. (dw1)
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                                            Blank 41 Filed: 3/27/2006, Entered: 3/29/2006, Terminated: 3/30/2006 Terminated:
                                            MOTION for Extension of Time until 4/10/2006 to FIle Joint Stipulation of Damages , filed by DANIEL P. WISOTSKY. Service: 3/27/2006. Response due by 4/13/2006.(mb2, )
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                                              Blank 40 Filed: 3/1/2006, Entered: 3/6/2006 Scheduling OrderCourt Filing
                                              SCHEDULING ORDER: Parties Joint Stipulation of Damages due by 3/27/2006. Signed by Judge Marian Blank Horn. (dw1)
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                                                Blank 39 Filed: 2/27/2006, Entered: 3/2/2006 Stipulation
                                                STIPULATION of Damages, filed by USA and DANIEL P. WISOTSKY. Service: 2/27/2006.(mb2, ) Modified on 3/2/2006 to add joint filer (mb2, ).
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                                                  Blank 38 Filed: 2/17/2006, Entered: 2/23/2006 Order on Motion for Extension of Time to FileCourt Filing
                                                  ORDER granting [37] Motion for Extension of Time. Joint Stipulation due by 2/27/2006. Signed by Judge Marian Blank Horn. (mb2, )
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                                                    Blank 37 Filed: 2/13/2006, Entered: 2/16/2006, Terminated: 2/17/2006 Terminated:
                                                    MOTION for Extension of Time until 2/27/2006 to File a Joint Stipulation , filed by USA. Service: 2/13/2006. Response due by 3/2/2006. (mb2, )
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                                                      Blank 36 Filed: 2/13/2006, Entered: 2/16/2006 Terminated:
                                                      MOTION to Supplement Pleadings - Rule 15(d) , filed by DANIEL P. WISOTSKY. Service: 2/13/2006. Response due by 3/2/2006. (mb2, )
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                                                        Blank 35 Filed: 1/12/2006, Entered: 1/19/2006 Published OpinionCourt Filing
                                                        PUBLISHED OPINION on [22] CROSS MOTION and RESPONSE to [10] Motion for Summary Judgment on the Administrative Record filed by USA, filed by DANIEL P. WISOTSKY,, [10] MOTION for Summary Judgment on the Administrative Record filed by USA, Joint Stipulation due by 2/13/2006. Signed by Judge Marian Blank Horn. (mb2, )
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                                                          Blank 34 Filed: 6/2/2005, Entered: 6/6/2005 Reply to Response to Motion
                                                          REPLY to Response to Motion re [32] MOTION for Leave to File Substitute Declaration filed by DANIEL P. WISOTSKY. Service: 5/31/05.(dw1)
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                                                            Blank 33 Filed: 5/19/2005, Entered: 5/25/2005 Reply to Response to Motion
                                                            REPLY to Response to Motion re [30] MOTION to Strike, [32] MOTION for Leave to File Substitute Declaration filed by USA. Service: 05/20/2005.(lld, )
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                                                              Blank 32 Filed: 5/9/2005, Entered: 5/11/2005 Terminated:
                                                              MOTION for Leave to Substitute Declaration, filed by DANIEL P. WISOTSKY. Service: 5/6/2005. Response due by 5/23/2005. (mb2, )
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                                                                Blank 31 Filed: 5/9/2005, Entered: 5/11/2005 Response to Motion
                                                                RESPONSE to [30] MOTION to Strike, filed by DANIEL P. WISOTSKY. Reply due by 5/20/2005. Service: 5/6/2005.(mb2, )
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                                                                  Blank 30 Filed: 4/21/2005, Entered: 4/25/2005 Terminated:
                                                                  MOTION to Strike the Declaration of John A. Wickham, filed by USA. Service: 4/21/2005. Response due by 5/9/2005. (mb2, )
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                                                                    Blank 29 Filed: 4/5/2005, Entered: 4/8/2005 Reply to Response to Motion
                                                                    REPLY to Response to Motion re [22] CROSS MOTION and RESPONSE to [10] Motion for Summary Judgment on the Administrative Record filed by USA, filed by DANIEL P. WISOTSKY. Service: 4/4/2005.(mb2, )
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                                                                      Blank 28 Filed: 4/1/2005, Entered: 4/5/2005 Order on Motion for Extension of Time to File RespCourt Filing
                                                                      ORDER granting [27] Motion for Extension of Time to File Reply as to [22] CROSS MOTION and RESPONSE to [10] Motion for Summary Judgment on the Administrative Record filed by USA, Reply due by 4/15/2005. Signed by Judge Marian Blank Horn. (mb2, )
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                                                                        Blank 27 Filed: 3/29/2005, Entered: 4/1/2005, Terminated: 4/1/2005 Terminated:
                                                                        MOTION for Extension of Time to File Reply as to [22] CROSS MOTION and RESPONSE to [10] Motion for Summary Judgment on the Administrative Record filed by USA, until 4/4/2005, filed by DANIEL P. WISOTSKY. Service: 3/28/2005. Response due by 4/14/2005. (mb2, )
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                                                                          Blank 26 Filed: 3/10/2005, Entered: 3/14/2005 Order on Motion for Extension of Time to FileCourt Filing
                                                                          ORDER granting [24] Motion for Extension of Time. Reply on Cross-Motion due by 3/29/2005. Signed by Judge Marian Blank Horn. (mb2, )
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                                                                            Blank 24 Filed: 3/8/2005, Entered: 3/10/2005, Terminated: 3/10/2005 Terminated:
                                                                            MOTION for Extension of Time until 3/29/2005 to File a reply filed by DANIEL P. WISOTSKY.Service: 3/7/2005. Response due by 3/24/2005.(mb2, )
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                                                                              Blank 25 Filed: 3/7/2005, Entered: 3/10/2005 Terminated:
                                                                              Revised MOTION for Summary Judgment on the Administrative Record filed by USA.Service: 11/22/2004. [FILED BY LEAVE OF THE JUDGE] Response due by 4/7/2005.(mb2, )
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                                                                                Blank 23 Filed: 3/4/2005, Entered: 3/4/2005
                                                                                RESPONSE and reply to [22] CROSS MOTION and RESPONSE to [10] Motion for Summary Judgment on the Administrative Record filed by USA, filed by USA. Reply due by 3/21/2005. Service: 2/22/2005.(mb2, )
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                                                                                  Blank 22 Filed: 3/4/2005, Entered: 3/4/2005, Terminated: 1/12/2006 Cross Motion [Dispositive]
                                                                                  CROSS MOTION and RESPONSE (with separate appendix) to [10] Motion for Summary Judgment on the Administrative Record filed by USA, filed by DANIEL P. WISOTSKY. [FILED BY LEAVE OF THE JUDGE]Service: 1/13/2005. Response due by 4/4/2005.(mb2, ) Modified on 3/4/2005 (mb2, ).
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                                                                                    Blank 21 Filed: 2/22/2005, Entered: 2/24/2005 Terminated:
                                                                                    MOTION to Supplement the Administrative Record [13] Administrative Record by USA.Service: 2/22/2005. Response due by 3/11/2005 (mb2, )
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                                                                                      Blank 20 Filed: 1/26/2005, Entered: 1/28/2005 Order on Motion for Extension of Time to FileCourt Filing
                                                                                      ORDER granting [19] Motion for Extension of Time. Signed by Judge Marian Blank Horn. (mb2, )
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                                                                                        Blank -- Filed: 1/26/2005, Entered: 1/28/2005 Set Deadlines/Hearings:
                                                                                        Set Deadlines/Hearings: Response due by 2/22/2005. Reply due by 3/8/2005. (mb2, )
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                                                                                          Blank 19 Filed: 1/21/2005, Entered: 1/25/2005, Terminated: 1/26/2005 Terminated:
                                                                                          MOTION for Extension of Time until 02/21/05 to file a reply to plaintiff's opposition to defedant's motion for judgment upon the administrative record and response to plaintiff's cross-motion for judgment upon the administrative record by USA.Service: 01/21/05. Response due by 2/7/2005.(mb2, )
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                                                                                            Blank 18 Filed: 1/4/2005, Entered: 1/7/2005 Order on Motion for Extension of Time to FileCourt Filing
                                                                                            ORDER granting Plaintiff's unopposed motion for a time of ten days. re:[17] Motion for Extension of Time Opposition to the defendant's motion and cross-motion for judgement due 1/13/05. Defendant combined response due 1/31/05. Plantiff reply due 2/14/05. Signed by Judge Marian Blank Horn (eph, )
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                                                                                              Blank 17 Filed: 12/30/2004, Entered: 1/3/2005, Terminated: 1/4/2005 Terminated:
                                                                                              MOTION for Extension of Time until January 13, 2005 to file responsive brief by DANIEL P. WISOTSKY.Service: 12/28/04. (dw1)
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                                                                                                Blank 16 Filed: 12/1/2004, Entered: 12/9/2004 Scheduling OrderCourt Filing
                                                                                                SCHEDULING ORDER: The clerk's office received, but did not file, the dft's revised motion for judgment upon the administrative record, since the submission did not contain a table of contents. The defect was waived, and the clerk's office shall file the dft's motion by leave of the court. Because of the revision received, the previous briefing schedule in the court's order of 8/30/2004, is modified as follows: On or before Monday, 1/3/2005, the ptlf shall file his combined opposition to the dft's motion and cross motion for jdugment upon the administrative record. On or before Wednesday, 1/19/2005, dft shall file its combined response to the pltf's cross motion and reply on its motion. On or before 2/4/2005, pltf may file his reply. Signed by Judge Marian Blank Horn. (jcp, )
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                                                                                                  Blank 15 Filed: 11/12/2004, Entered: 11/16/2004 Statement of Facts
                                                                                                  JOINT STIPULATION OF FACTS AND APPENDIX by all parties. Service: 11/12/2004.(jcp, )
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                                                                                                    Blank 14 Filed: 10/25/2004, Entered: 10/28/2004 Terminated:
                                                                                                    MOTION for Extension of Time until 11/11/04 to file Joint Stipulation of Facts by DANIEL P. WISOTSKY.Service: 10/22/04. Response due by 11/12/2004 (vro, )
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                                                                                                      Blank 13 Filed: 9/20/2004, Entered: 9/22/2004 Administrative Record
                                                                                                      ADMINISTRATIVE RECORD in One Large White Binder by USA. Service: 9/20/2004.(jcp, )
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                                                                                                        Blank 12 Filed: 8/30/2004, Entered: 9/2/2004 Order on Motion For Leave to File.Court Filing
                                                                                                        ORDER: The court is in receipt of the dft's motion for leave to file the administrative record. The clerk's office shall FILE the dft's motion. The court partially GRANTS [11] Dft's Motion. On or before Monday, 9/20/2004, dft shall file the original and one ocpy of the administrative record. On or before 10/25/2004, the parties shall consult, and shall file a joint stipulation of facts. On or before Monday, 11/22/2004, the dft shall file a revised motion for judgment upon the administrative record. On or before Monday, 12/20/2004, the pltf shall file his opposition to the dft's motion, or his cross motion for judgment upon the administrative record. On or before Monday, 1/10/2005, dft shall file its combined response to the pltf's cross motion and reply to its motion. On or before Monday, 1/31/2005, pltf shall file his reply. Signed by Judge Marian Blank Horn. (jcp, )
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                                                                                                          Blank 11 Filed: 8/30/2004, Entered: 9/2/2004 Terminated:
                                                                                                          MOTION for Leave to File the Administrative Record by USA. [FILED BY LEAVE OF THE JUDGE]Service: 8/17/2004. Response due by 9/3/2004. (jcp, )
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                                                                                                            Blank -- Filed: 8/30/2004, Entered: 9/2/2004 Set/Reset Deadlines:
                                                                                                            Set/Reset Deadlines: Cross Motions due by 12/20/2004. Dispositive Motion(s) due by 11/22/2004. Response due by 1/10/2005. Reply due by 1/31/2005. (jcp, )
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                                                                                                              Blank 10 Filed: 8/17/2004, Entered: 8/19/2004 Terminated:
                                                                                                              MOTION for Summary Judgment Upon the Administrative Record and Appendix, by USA.Service: 8/17/2004. Response due by 9/17/2004. (jcp, )
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                                                                                                                Blank 9 Filed: 8/17/2004, Entered: 8/19/2004 Statement of Facts
                                                                                                                STATEMENT OF FACTS by USA. Service: 8/17/2004.(jcp, )
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                                                                                                                  Blank 8 Filed: 8/6/2004, Entered: 8/9/2004 Notice of Appearance/
                                                                                                                  NOTICE of Appearance by Nancy Myung-Jin Kim for USA. Service: 8/6/2004.(hw1, )
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                                                                                                                    Blank 7 Filed: 7/13/2004, Entered: 7/16/2004 Order on Motion for Extension of Time to AnswerCourt Filing
                                                                                                                    ORDER granting [6] Dft's Unopposed Motion for Extension of Time to Answer.The dft shall file its response to pltf's complaint on or before Tuesday, 8/17/2004. Signed by Judge Marian Blank Horn. (jcp, )
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                                                                                                                      Blank 6 Filed: 7/2/2004, Entered: 7/8/2004, Terminated: 7/13/2004 Terminated:
                                                                                                                      CONSENT MOTION for Extension of Time to File Answer re: [1] Complaint until 8/17/2004 by USA.Service: 7/2/2004. Response due by 7/19/2004. (jcp, )
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                                                                                                                        Blank 5 Filed: 5/24/2004, Entered: 5/27/2004 Order on Motion for Extension of Time to AnswerCourt Filing
                                                                                                                        ORDER: The court DIREDTS the clerk of court to file dft's consent motion for an enlargement of time. The court GRANTS [4] Dft's Unopposed Motion for Extension of Time to Answer. The dft shall respond to the pltf's complaint on or before 7/6/2004. Signed by Judge Marian Blank Horn. (jcp, )
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                                                                                                                          Blank 4 Filed: 5/24/2004, Entered: 5/27/2004 Terminated:
                                                                                                                          CONSENT MOTION for Extension of Time to File Answer re: [1] Complaint until 7/6/2004 by USA. [FILED BY LEAVE OF THE JUDGE]Service: 5/7/2004. Response due by 6/10/2004. (jcp, )
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                                                                                                                            Blank 3 Filed: 3/31/2004, Entered: 4/2/2004 Notice of Appearance/
                                                                                                                            NOTICE of Appearance by Kenneth Samuel Kessler for USA. Service: 3/31/2004.(jcp, )
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                                                                                                                              Blank 2 Filed: 3/5/2004, Entered: 3/9/2004 Notice Of AssignmentCourt Filing
                                                                                                                              NOTICE of Assignment to Judge Marian Blank Horn. (dw1, )
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                                                                                                                                Blank 1 Filed: 3/5/2004, Entered: 3/9/2004 Complaint
                                                                                                                                COMPLAINT against USA (NAV) (Filing fee $150, Receipt number 059876), filed by DANIEL P. WISOTSKY.Answer Due by 5/4/2004.(dw1, )
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