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Case TitleMARIN v. DOD, et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:1995cv02175
Date Filed1995-11-22
Date Closed1998-10-23
JudgeJudge Paul L. Friedman
PlaintiffMELVIN M. MARIN
DefendantDEPARTMENT OF DEFENSE
DefendantU.S. DEPARTMENT OF THE ARMY
DefendantUNITED STATES DEPARTMENT OF EDUCATION
DefendantARMY-AIR FORCE EXCHANGE SERVICE
DefendantADMINISTRATOR OF THE ARMY-AIR FORCE EXCHANGE SERVICE
DefendantWILLIAM PERRY
DefendantTOGO D. WEST, JR.
DefendantCRAIG LIVINGSTON
TERMINATED: 11/25/1997
DefendantDEFENSE FINANCE & ACCOUNTING SERVICE
DefendantTHOMAS FINLEY
DefendantUNITED STATES OF AMERICA
DefendantWILLIAM KENNEDY
TERMINATED: 11/25/1997
DefendantDANIEL LIMBAUGH
DefendantROBERT A. MAST
Documents
Docket
Opinion/Order [186]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

1995-11-221COMPLAINT filed by plaintiff MELVIN M. MARIN; jury demand (bm) (Entered: 11/22/1995)
1995-11-22SUMMONS (12) issued to federal party(s) federal defendants DOD, ARMY, DEPT. OF EDUCATION, ARMY-AF EXCHANGE SVC, ADMIN ARMY-AF EXCH., WILLIAM PERRY, TOGO WEST, CRAIG LIVINGSTON, DEFENSE FINANCE, THOMAS FINLEY , and non-parties: U.S. Attorney and U.S. Attorney General. (bm) (Entered: 11/22/1995)
1995-11-222APPLICATION by plaintiff MELVIN M. MARIN to proceed in forma pauperis (bm) (Entered: 11/22/1995)
1995-11-22ORDER by Judge Aubrey E. Robinson granting motion to proceed in forma pauperis [2-1] by MELVIN M. MARIN (fiat) (N) (bm) (Entered: 11/22/1995)
1995-11-223MOTION filed by plaintiff MELVIN M. MARIN for temporary restraining order , to seal or request , for order within 10 days to meet deadline for hearings in California Courts on affected matters ; exhibits (5). (bm) (Entered: 11/22/1995)
1995-11-224MOTION filed by plaintiff MELVIN M. MARIN to seal or protect complaint and/or filings (bm) (Entered: 11/22/1995)
1995-11-225ORDER by Judge Aubrey E. Robinson: sua sponte dismissing motion for temporary restraining order by MELVIN M. MARIN [3-1] pursuant to the provisions of 28 USC 1915(d) (N) (bm) (Entered: 11/22/1995)
1995-11-22MAILED CJRA brochure, Meet and Confer list, and Notice regarding dismissal to plaintiff MELVIN M. MARIN . (bm) (Entered: 11/22/1995)
1995-11-296ATTORNEY APPEARANCE for federal defendants by Keith V. Morgan (ks) (Entered: 12/01/1995)
1995-11-307RETURN OF SERVICE/AFFIDAVIT of summons and complaint executed upon U.S. Attorney on 11/27/95 (ks) (Entered: 12/01/1995)
1995-11-308RETURN OF SERVICE/AFFIDAVIT of summons and complaint executed on 11/27/95 upon federal defendant DEPT. OF EDUCATION (ks) (Entered: 12/01/1995)
1995-12-019RETURN OF SERVICE/AFFIDAVIT of summons and complaint executed on 11/30/95 upon federal defendant WILLIAM PERRY (ks) (Entered: 12/04/1995)
1995-12-0110RETURN OF SERVICE/AFFIDAVIT of summons and complaint executed on 11/30/95 upon federal defendant TOGO WEST (ks) (Entered: 12/04/1995)
1995-12-0111RETURN OF SERVICE/AFFIDAVIT of summons and complaint executed on 11/30/95 upon federal defendant ARMY (ks) (Entered: 12/04/1995)
1995-12-0112RETURN OF SERVICE/AFFIDAVIT of summons and complaint executed on 11/30/95 upon federal defendant DOD (ks) (Entered: 12/04/1995)
1995-12-0113RETURN OF SERVICE/AFFIDAVIT of summons and complaint executed upon U.S. Attorney General on 11/27/95 (ks) (Entered: 12/04/1995)
1995-12-0114RETURN OF SERVICE/AFFIDAVIT of summons and complaint unexecuted as to Craig Livingston (ks) (Entered: 12/04/1995)
1995-12-1115RETURN OF SERVICE/AFFIDAVIT of summons and complaint executed on 12/1/95 upon federal defendant ADMIN ARMY-AF EXCH. (ks) (Entered: 12/12/1995)
1995-12-1116RETURN OF SERVICE/AFFIDAVIT of summons and complaint executed on 11/30/95 upon federal defendant THOMAS FINLEY (ks) (Entered: 12/12/1995)
1995-12-1817ORDER by Judge Paul L. Friedman: directing plaintiff provide the full name and address of the parties, identified as defendants, on the attached form and fileit with the Court by 1/18/96; failure to comply with this Order may cause dismissal of these defendants; attachment. (N) (bm) Modified on 12/18/1995 (Entered: 12/18/1995)
1995-12-2118MOTION filed by federal defendant to extend time to 1/29/96 to answer or otherwise respond to the complaint [1-1] (blj) (Entered: 12/22/1995)
1995-12-2619ORDER by Judge Paul L. Friedman : granting motion to extend time to 1/29/96 to answer or otherwise respond to the complaint [1-1] [18-1] by federal defendants (N) (ks) (Entered: 12/26/1995)
1996-01-2620RETURN OF SERVICE/AFFIDAVIT of summons and complaint executed on 12/1/95 upon federal defendant ADMIN ARMY-AF EXCH. (ks) (Entered: 01/29/1996)
1996-01-2921MOTION filed by federal defendant to extend time to 2/12/96 to answer complaint [1-1] (ks) (Entered: 01/30/1996)
1996-01-3022ORDER by Judge Paul L. Friedman : granting motion to extend time to 2/12/96 to answer complaint [1-1] [21-1] by federal defendants (N) (bm) (Entered: 01/30/1996)
1996-02-1223MOTION filed by federal defendants to extend time to 3/12/96 to answer complaint [1-1] (ks) (Entered: 02/13/1996)
1996-02-1324ORDER by Judge Paul L. Friedman : granting motion to extend time to 3/12/96 to file a dispositive motion [23-1] by federal defendants THOMAS FINLEY, DEFENSE FINANCE, CRAIG LIVINGSTON, TOGO WEST, WILLIAM PERRY, ADMIN ARMY-AF EXCH., ARMY-AF EXCHANGE SVC, DEPT. OF EDUCATION, ARMY, DOD (N) (bm) (Entered: 02/13/1996)
1996-02-1525ORDER by Judge Paul L. Friedman: directing the plaintiff to provide the Court with a current address for Mr. Livingston, or a written explanation why he cannot do so, by 3/15/96, so that the United States Marshal can effectuate service; failure to comply with this Order may cause dismissal of the defendant. (N) (bm) (Entered: 02/16/1996)
1996-02-2026MOTION filed by plaintiff MELVIN M. MARIN to seal or protect complaint and/or filings , and to shorten time to hear or to extend filing date of dispositive motions ; declaration of plaintiff and fact statement. (bm) (Entered: 02/21/1996)
1996-03-0627MOTION filed by federal defendant to extend time to 3/13/96 to respond to plaintiff's motion for a protective order (ks) (Entered: 03/07/1996)
1996-03-1228MOTION filed by federal defendants to dismiss complaint [1-1] , or in the alternative for more definite statement (ks) (Entered: 03/13/1996)
1996-03-1429RESPONSE by plaintiff MELVIN M. MARIN to order requesting the address of remaining defendant [25-1] (ks) (Entered: 03/15/1996)
1996-03-1731MOTION filed by federal defendant to extend time to 3/12/96, nunc pro tunc, to respond to plaintiff's motion to seal and/or protect (ks) (Entered: 03/18/1996)
1996-03-1830ORDER by Judge Paul L. Friedman : granting motion to extend time to 3/13/96 to respond to plaintiff's motion for a protective order [27-1] by federal defendants (N) (bm) (Entered: 03/18/1996)
1996-03-2132ORDER by Judge Paul L. Friedman: advising the plaintiff he must respond to defendants' motion to dismiss within 30 days of the issuance of this Order; if plaintiff does not respond, the Court will treat the motion as conceded and dismiss the complaint. (N) (bm) (Entered: 03/21/1996)
1996-03-2533RESPONSE by plaintiff MELVIN M. MARIN in opposition to motion to dismiss complaint [1-1] [28-1] by federal defendants. (ks) (Entered: 03/26/1996)
1996-03-2634RESPONSE by plaintiff MELVIN M. MARIN in opposition to motion to extend time to 3/12/96, nunc pro tunc, to respond to plaintiff's motion to seal and/or protect [31-1] by DOD . (ks) (Entered: 03/27/1996)
1996-03-2935REPLY by defendants DOD, ARMY, DEPT. OF EDUCATION, ARMY-AF EXCHANGE SVC, ADMIN ARMY-AF EXCH., WILLIAM PERRY, TOGO WEST, DEFENSE FINANCE, THOMAS FINLEY to response to motion to dismiss complaint [1-1] [28-1] by federal defendants (ks) (Entered: 04/01/1996)
1996-04-0936MOTION filed by plaintiff MELVIN M. MARIN for partial summary judgment ; Declaration (1) (ks) (Entered: 04/10/1996)
1996-04-2237MOTION filed by federal defendants to extend time to 5/6/96 to respond to plaintiff's motion for partial summary judgment (ks) (Entered: 04/23/1996)
1996-04-2438ORDER by Judge Paul L. Friedman : granting motion to extend time to 5/6/96 to respond to plaintiff's motion for partial summary judgment [37-1] by federal defendants (N) (bm) (Entered: 04/24/1996)
1996-05-0639MOTION filed by federal defendants to extend time to file an answer to the complaint and opposition to plaintiff's motion for partial summary judgment until thirty (30) days from the date of the ruling of defendant's motion to dismiss the complaint ; Attachments (ks) (Entered: 05/07/1996)
1996-05-1040RESPONSE by plaintiff MELVIN M. MARIN in opposition to motion to extend time to file an answer to the complaint and opposition to plaintiff's motion for partial summary judgment until thirty (30) days from the date of the ruling of defendant's motion to dismiss the complaint [39-1] by federal defendants. (ks) (Entered: 05/13/1996)
1996-05-1041MOTION filed by plaintiff MELVIN M. MARIN to strike motion to extend time to file an answer to the complaint and opposition to plaintiff's motion for partial summary judgment until thirty (30) days from the date of the ruling of defendant's motion to dismiss the complaint [39-1] (ks) (Entered: 05/13/1996)
1996-05-2942ORDER by Judge Paul L. Friedman: directing the parties to appear for a status conference set for 9:45 6/17/96 ; directing the parties to Rule 206 of the Rules of this Court, a copy of which is enclosed; the parties shall refrain from further filing at this time (N) (bm) (Entered: 05/29/1996)
1996-06-0343NOTICE OF CHANGE OF ADDRESS by MELVIN M. MARIN . New address: 1151 Turquoise Street, San Diego, CA. 92109 . (ks) (Entered: 06/05/1996)
1996-06-0344REQUEST by plaintiff MELVIN M. MARIN to extend time for an additional week for response time (ks) (Entered: 06/05/1996)
1996-06-17STATUS CONFERENCE before Judge Paul L. Friedman: plaintiff's amended complaint due 7/1/96; dispositive motions due 8/7/96; response to dispositive motions due 8/29/96; reply to dispositive motions due 9/12/96; motion hearing set for 9:15 9/20/96 Reporter: Santa Zizzo (bm) (Entered: 06/17/1996)
1996-06-1945SCHEDULING ORDER by Judge Paul L. Friedman confirming dates set at the meet and confer status conference held 6/17/96; a motion for an extension of time to file a motion, opposition, or reply will be denied except upon a showing of good cause; setting forth instructions to counsel. (N) (bm) (Entered: 06/19/1996)
1996-06-1946NOTICE OF FILING by federal defendant of a copy of 28 C.F.R. 50.9, "Police with regard to open judicial proceedings"; Attachments (ks) (Entered: 06/20/1996)
1996-06-2447ORDER by Judge Paul L. Friedman: directing Clerk's Office to issue summons with a copy of the pending amended complaint so that the U. S. Marshal's Office may effect service to the following defendant: Craig Livingston; setting forth an address. (N) (bm) (Entered: 06/24/1996)
1996-06-2748ORDER by Judge Paul L. Friedman : that, either party may file a motion to seal a limited matter or a specific document, such as the plaintiff's personnel file. It is unlikely that the Court will grant a broad request for a protective order. The parties may also agree as to what matters should be placed under seal. The parties may not quote from information in the plaintiff's personnel file in public filings. They may submit it under seal and must limit any explicit discussions of it to short submissions under seal that may accompany (but not be a substitute for) any pleading or brief, all of which must be publicly filed. (N) (dot) (Entered: 06/28/1996)
1996-07-0349ORDER by Judge Paul L. Friedman: rejecting plaintiff's submission and renewed request to protect or seal and shall not be accepted for filing; plaintiff's second amended complaint shall not be accepted for filing under seal; plaintiff is free to file a complaint publicly or to rewrite it, if he thinks necessary, and then file publicly. (N) (bm) (Entered: 07/03/1996)
1996-07-0950ORDER by Judge Paul L. Friedman : sua sponte that the Clerk is directed not to accept any letters submitted by plaintiff for filing in this case; the Clerk is directed to send to plaintiff by return mail all letters and documents that do not conform with Rules 106 and 108 of this court and not to file them or even to bring them to the attention of the Judge. (N) (ks) (Entered: 07/10/1996)
1996-08-0751MOTION filed by federal defendant to extend time to 8/9/96 to answer amended complaint [1-1] (ks) (Entered: 08/08/1996)
1996-08-0952MOTION filed by federal defendant to dismiss complaint [1-1] (ks) (Entered: 08/12/1996)
1996-08-0953MOTION filed by federal defendant to extend time to within which defendants in their individaul capacities, must respond to plaintiff's amended complaint. (ks) (Entered: 08/12/1996)
1996-08-1254NOTICE OF CHANGE OF ADDRESS by MELVIN M. MARIN representing plaintiff MELVIN M. MARIN . New address: 1151 Turquoise Street, San Diego, CA. 92109 . (ks) (Entered: 08/13/1996)
1996-08-1255REQUEST by plaintiff MELVIN M. MARIN to extend time to by one week for subsequent deadlines and orders (ks) (Entered: 08/13/1996)
1996-08-1456ORDER by Judge Paul L. Friedman : denying motion to extend time to 8/9/96 to answer amended complaint [1-1] [51-1] by federal defendants (N) (ks) (Entered: 08/14/1996)
1996-08-2657RESPONSE by plaintiff MELVIN M. MARIN to motion to extend time to within which defendants in their individaul capacities, [53-1] by federal defendants (blj) (Entered: 08/27/1996)
1996-08-2658MOTION filed by plaintiff MELVIN M. MARIN to allow extra days to out of state litigants for mailing (blj) (Entered: 08/27/1996)
1996-08-2759ORDER by Judge Paul L. Friedman : denying motion to dismiss complaint [1-1] [52-1] by federal defendants, denying motion to extend time to within which to respond to plaintiff's amended complaint [53-1] by federal defendants (N) (bm) (Entered: 08/27/1996)
1996-08-2960ORDER by Judge Paul L. Friedman: directing plaintiff to show cause in writing by 9/20/96 why this case should not be dismissed without prejudice for failure to prosecute (N) (bm) (Entered: 08/29/1996)
1996-08-2961MOTION filed by plaintiff MELVIN M. MARIN to amend prior Order (ks) (Entered: 09/04/1996)
1996-08-2962MOTION (Related) filed by plaintiff MELVIN M. MARIN to amend prior Order (ks) (Entered: 09/04/1996)
1996-08-2963RESPONSE by plaintiff MELVIN M. MARIN in opposition to motion to dismiss complaint [1-1] [28-1] by federal defendants. (ks) (Entered: 09/04/1996)
1996-09-1164MOTION filed by plaintiff MELVIN M. MARIN to amend complaint [1-1] by MELVIN M. MARIN ; Declaration (1); EXHIBIT (SECOND AMENDED COMPLAINT). (ks) (Entered: 09/20/1996)
1996-09-1165MOTION filed by plaintiff MELVIN M. MARIN to extend time to serve individual defendants personally or in the alternative, to amend to re-add dismissed defendants in their personal capacities. (ks) Modified on 09/20/1996 (Entered: 09/20/1996)
1996-09-1966NOTICE OF CHANGE OF ADDRESS by MELVIN M. MARIN representing plaintiff MELVIN M. MARIN . New address: 1730 K Street, N.W., #304, Washington, D.C. 20006 . (ks) (Entered: 09/20/1996)
1996-09-20STATUS CONFERENCE before Judge Paul L. Friedman: Oral motion of defendants to dismiss the complaint for want of prosecution, denied; granted motion to amend complaint [1-1] by MELVIN M. MARIN [64-1] MELVIN M. MARIN; allowing the second amended complaint to be filed; the plaintiff has until 10/18 to serve the second amended complaint; dispositive motions/answer due 11/22/96; response to dispositive motions or plaintiff's Rule 56 motion due 12/6/96; reply to dispositive motions due 12/23/96 Reporter: Santa Zizzo (bm) (Entered: 09/20/1996)
1996-09-2067ORDER by Judge Paul L. Friedman: vacating the Court's Order to show cause by 9/20/96 why this case should not be dismissed without prejudice for failure to prosecute; granting motion to amend complaint [1-1] by MELVIN M. MARIN [64-1] by MELVIN M. (N) (bm) (Entered: 09/23/1996)
1996-09-2068AMENDED SCHEDULING ORDER by Judge Paul L. Friedman: confirming dates set at the meet and confer status conference held 9/20/96; setting forth instructions to counsel; staying all discovery until further order of this Court ; denying without prejudice in view of this scheduling order all pending motions not previously decided (N) (bm) (Entered: 09/23/1996)
1996-09-2069AMENDED COMPLAINT by plaintiff MELVIN M. MARIN adding defendant UNITED STATES, WILLIAM KENNEDY, DANIEL LIMBAUGH, ROBERT A. MAST, and amending complaint [1-1] .; jury demand (ks) (Entered: 09/23/1996)
1996-09-2770MOTION filed by plaintiff MELVIN M. MARIN for orders to Federal Persons in respect to service of process and to shorten time for consideration (ks) (Entered: 10/01/1996)
1996-10-03SUMMONS (1) REISSUED for defendant WILLIAM KENNEDY . (ks) (Entered: 10/04/1996)
1996-10-1171MOTION filed by plaintiff MELVIN M. MARIN to extend time to to serve and to permit service by publication , and to shorten time for consideration ; Declaration (1). (ks) (Entered: 10/16/1996)
1996-10-2172ORDER by Judge Paul L. Friedman: staying case until service of the summons and second amended complaint are effected on defendants Livingstone and Kennedy (N) (bm) (Entered: 10/21/1996)
1996-10-2173ORDER by Judge Paul L. Friedman: granting motion for orders to Federal Persons in respect to service of process and to shorten time for consideration [70-1] by MELVIN M. MARIN; directing the United States Marshal's Service, through the United States Marshal for the District of Columbia and the United States Marshal for the Eastern District of Arkansas, shall take all steps necessary to serve Mr. Livingstone and Mr. Kennedy with the summons and second amended complaint, filed stamped 9/11/96, in this case (N) (bm) (Entered: 10/21/1996)
1996-11-01SUMMONS (2) REISSUED for federal defendant CRAIG LIVINGSTON, defendant WILLIAM KENNEDY . (blj) (Entered: 11/04/1996)
1996-11-1374MOTION (ex parte) filed by plaintiff MELVIN M. MARIN to modify , or to amend order of 9/20/96 [68-2], under Rule 60; and nunc pro tunc under Rule 59; and for relief from stay for these motions only ; Declaration (1); Attachment (1). (ks) (Entered: 11/15/1996)
1996-11-1375RETURN OF SERVICE/AFFIDAVIT of summons and complaint executed on on various dates upon federal defendants DOD, ARMY, DEPT. OF EDUCATION, ARMY-AF EXCHANGE SVC, ADMIN ARMY-AF EXCH., WILLIAM PERRY, TOGO WEST, CRAIG LIVINGSTON, DEFENSE FINANCE, THOMAS FINLEY; Attachmemts. (ks) (Entered: 11/15/1996)
1996-11-1476ANSWER TO AMENDED COMPLAINT [69-1] by defendant WILLIAM KENNEDY (ks) (Entered: 11/15/1996)
1996-11-1577MOTION filed by federal defendants for clarification of court's Order of 10/21/96 ; Attachment (1). (ks) (Entered: 11/18/1996)
1996-11-1878ORDER by Judge Paul L. Friedman : granting motion for clarification of court's Order of 10/21/96 [77-1] by defendants; federal defendants shall respond to plaintiff's second amended complaint twenty (20) days subsequent to plaintiff's filing of proof of service upon defendants William Kennedy and Craig Livingstone. (N) (bm) (Entered: 11/18/1996)
1996-11-1879NOTICE OF FILING by plaintiff MELVIN M. MARIN of supplemental submission for rule 59/60 motion; Attachment (1). (ks) (Entered: 11/19/1996)
1996-12-1180MOTION (ex parte) filed by plaintiff MELVIN M. MARIN for relief from stay Order for the purpose of motion for TRO and preliminary injunction against Government Agency defendants , and to file evidence under a protective order. ; Declaration (1); Attachments. (ks) (Entered: 12/12/1996)
1996-12-2481ORDER by Judge Paul L. Friedman: lifting the stay ordered on 10/18/96 and extending defendants time to answer second amended complaint to 1/10/97 [69-1]; plaintiff shall serve upon federal defendants his motion for preliminary injunction; federal defendants shall have ten days after receipt of plaintiff's mtoin to respond to it. (N) (bm) (Entered: 12/24/1996)
1996-12-2482MOTION filed by federal defendants to extend time to 12/31/96, nunc pro tunc, to respond to plaintiff's motion for relief from stay Order. (ks) (Entered: 12/26/1996)
1997-01-0784RETURN OF SERVICE/AFFIDAVIT of summons and complaint executed on 12/20/96 upon federal defendant CRAIG LIVINGSTON (ks) (Entered: 01/08/1997)
1997-01-1385MOTION filed by federal defendants to extend time to 2/13/97 to answer second amended complaint [69-1] (ks) (Entered: 01/14/1997)
1997-01-1486ORDER by Judge Paul L. Friedman : granting motion to extend time to 2/13/97 to answer second amended complaint [69-1] [85-1] by federal defendants; no further extension will be granted; directing Kennedy and Livingstone to answer by 2/13/97 regardless of whether DOD has made a decision or representation. (N) (bm) (Entered: 01/14/1997)
1997-02-1387MOTION filed by federal defendant CRAIG LIVINGSTON to dismiss complaint [1-1] (bm) (Entered: 02/14/1997)
1997-02-1388MOTION filed by federal defendants DOD, ARMY, DEPT. OF EDUCATION, ARMY-AF EXCHANGE SVC, ADMIN ARMY-AF EXCH., WILLIAM PERRY, TOGO WEST, DEFENSE FINANCE, THOMAS FINLEY, DANIEL LIMBAUGH, and ROBERT A. MAST to dismiss , or in the alternative, for summary judgment ; exhibits (3) (bm) (Entered: 02/14/1997)
1997-02-1889MOTION filed by plaintiff MELVIN M. MARIN to extend time to oppose any dispositive motions (ks) (Entered: 02/19/1997)
1997-02-2190ORDER by Judge Paul L. Friedman : granting motion to extend time to oppose any dispositive motions [89-1] by MELVIN M. MARIN and shall comply with the page limitations governing motion oppositions as stated in the local rules of this Court. (N) (bm) (Entered: 02/21/1997)
1997-02-2491SUPPLEMENTAL DECLARATION in support of motion to extend time to oppose any dispositive motions [89-1] by MELVIN M. MARIN (ks) (Entered: 02/25/1997)
1997-02-2492NOTICE OF CHANGE OF ADDRESS by MELVIN M. MARIN representing plaintiff MELVIN M. MARIN . New address: c/o E.S.O.S., 350 5th Avenue, #3304, New York, NY 10118 . (ks) (Entered: 02/25/1997)
1997-03-1793RESPONSE by plaintiff MELVIN M. MARIN in opposition to motion to dismiss [88-1]; or in the alternative, for summary judgment [88-2] by federal defendant; Decaration (1). (ks) (Entered: 03/18/1997)
1997-03-1794RESPONSE by plaintiff MELVIN M. MARIN in opposition to motion to dismiss complaint [1-1] [87-1] by CRAIG LIVINGSTON . (ks) (Entered: 03/18/1997)
1997-03-1895MOTION filed by defendant WILLIAM KENNEDY to dismiss amended complaint [69-1] (ks) (Entered: 03/19/1997)
1997-03-1996MOTION filed by plaintiff MELVIN M. MARIN for leave to file and replace recently filed opposition to government's motion to dismiss ; EXHIBIT (OPPOSITION) (ks) (Entered: 03/20/1997)
1997-03-2497MOTION filed by federal defendant CRAIG LIVINGSTON to extend time to 3/28/97 to file a reply in support of his motion to dismiss. (ks) (Entered: 03/25/1997)
1997-03-2698ORDER by Judge Paul L. Friedman: plaintiff shall respond to defendant Kennedy's motion to dismiss by 4/28/97 ; if plaintiff does not respond by that date, the Court will treat the motion as conceded and enter judgment in favor of defendant. (N) (bm) (Entered: 03/26/1997)
1997-03-2699ORDER by Judge Paul L. Friedman : granting motion to extend time to 3/28/97 to file a reply in support of his motion to dismiss. [97-1] by CRAIG LIVINGSTON (N) (bm) (Entered: 03/26/1997)
1997-03-26100MOTION filed by federal defendants to extend time to 4/4/97 to respond to plaintiff's opposition to Government's motion to dismiss or for summary judgment. (ks) (Entered: 03/27/1997)
1997-03-26112RESPONSE by plaintiff MELVIN M. MARIN in opposition to motion to dismiss [88-1] , or in the alternative, for summary judgment [88-2] by defendants, federal defendant . (ks) (Entered: 05/13/1997)
1997-03-27101ORDER by Judge Paul L. Friedman : granting motion to extend time to 4/4/97 to reply to plaintiff's opposition to Government's motion to dismiss or for summary judgment. [100-1] by DOD (N) (bm) (Entered: 03/27/1997)
1997-03-28102REPLY by federal defendant CRAIG LIVINGSTON to response to motion to dismiss complaint [1-1] [87-1] by CRAIG LIVINGSTON; Exhibits (5). (ks) (Entered: 03/31/1997)
1997-04-03103MOTION filed by federal defendants to extend time to 4/9/97 to respond to plaintiff's opposition to Government's motion to dismiss or for summary judgment. (ks) (Entered: 04/04/1997)
1997-04-07104ORDER by Judge Thomas P. Jackson : granting motion to extend time to 4/9/97 to respond to plaintiff's opposition to Government's motion to dismiss or for summary judgment. [103-1] by federal defendants (N) (bm) (Entered: 04/07/1997)
1997-04-09105MOTION filed by federal defendants to extend time to 4/16/97 to reply to plaintiff's opposition to defendant's motion to dismiss or for summary judgment. (ks) (Entered: 04/10/1997)
1997-04-10106ORDER by Judge Paul L. Friedman : granting motion to extend time to 4/16/97 to reply to plaintiff's opposition defendant's motion to dismiss or for summary judgment. [105-1] by federal defendants (N) (bm) (Entered: 04/10/1997)
1997-04-16107REPLY by federal defendants DOD, ARMY, DEPT. OF EDUCATION, ARMY-AF EXCHANGE SVC, WILLIAM PERRY, TOGO WEST, DEFENSE FINANCE, THOMAS FINLEY, defendants DANIEL LIMBAUGH, ROBERT A. MAST to response to motion dismiss [88-1], or in the alternative, for summary judgment [88-2] by defendants, federal defendant; declaration (1) (blj) (Entered: 04/17/1997)
1997-04-22108MOTION filed by plaintiff MELVIN M. MARIN to extend time to 5/18/97 to oppose dispostive motions of defendant WILLAIM KENNEDY , and to shorten time for consideration ; Declaration (1); Exhibits (3). (ks) (Entered: 04/23/1997)
1997-04-25109ORDER by Judge Paul L. Friedman : granting motion to extend time to 5/18/97 to oppose all pending dispostive motions [108-1] by MELVIN M. MARIN (N) (bm) (Entered: 04/25/1997)
1997-04-28110RESPONSE (OPPOSITIONS) by defendant WILLIAM KENNEDY to motion to extend time to 5/18/97 to oppose dispostive motions of defendant WILLAIM KENNEDY [108-1] by MELVIN M. MARIN (blj) (Entered: 04/29/1997)
1997-05-12111MOTION filed by plaintiff MELVIN M. MARIN to clarify Court Order , and to extend time to oppose dispositive motions for consideration of this motion. ; Declaration (1). (ks) (Entered: 05/13/1997)
1997-05-16113RESPONSE by plaintiff MELVIN M. MARIN in opposition to motion to dismiss [88-1], motion or in the alternative, for summary judgment [88-2] by federal defendants. (ks) (Entered: 05/19/1997)
1997-07-09114ORDER by Judge Paul L. Friedman: motion hearing set for 2:00 9/19/97 on all pending dispositive motions (N) (bm) (Entered: 07/09/1997)
1997-08-29115MOTION filed by plaintiff MELVIN M. MARIN for partial summary judgment (ks) (Entered: 09/02/1997)
1997-09-10116SUBSTITUTION OF COUNSEL for federal defendants, substituting Rodney Thomas Gould for attorney Julian Abele Cook III for THOMAS FINLEY, DEFENSE FINANCE, CRAIG LIVINGSTON, TOGO WEST, WILLIAM PERRY, ADMIN ARMY-AF EXCH., ARMY-AF EXCHANGE SVC, DEPT. OF EDUCATION, ARMY, DOD (ks) (Entered: 09/11/1997)
1997-09-17118MOTION filed by plaintiff MELVIN M. MARIN for media "Gag" order, (National Security Act of 1947). (ks) (Entered: 10/01/1997)
1997-09-18117MOTION filed by plaintiff MELVIN M. MARIN for media gag order (National Security Act of 1947) (bm) (Entered: 09/19/1997)
1997-09-19MOTION HEARING before Judge Paul L. Friedman taken under advisement by MELVIN M. MARIN motion for partial summary judgment [115-1], taken under advisement by WILLIAM KENNEDY motion to dismiss amended complaint [69-1] [95-1], taken under advisement by defendants, federal defendant motion to dismiss [88-1], taken under advisement by defendants, federal defendant motion or in the alternative, for summary judgment [88-2], taken under advisement by CRAIG LIVINGSTON motion to dismiss complaint [1-1] [87-1] Reporter: Edward Hawkins (bm) (Entered: 09/19/1997)
1997-10-29119SUBSTITUTION OF COUNSEL for federal defendants, substituting Lisa MacPhee for attorney Rodney Thomas Gould for THOMAS FINLEY, DEFENSE FINANCE, CRAIG LIVINGSTON, TOGO WEST, WILLIAM PERRY, ADMIN ARMY-AF EXCH., ARMY-AF EXCHANGE SVC, DEPT. OF EDUCATION, DOD (ks) (Entered: 11/04/1997)
1997-11-03120NOTICE OF CHANGE OF ADDRESS by MELVIN M. MARIN. New address: 11470 Euclid Avenue, #191 Cleveland, OH 44106 . (ks) (Entered: 11/04/1997)
1997-11-05121NOTICE OF CHANGE OF ADDRESS by MELVIN M. MARIN . New address: 11470 Euclid Avenue, Apt. 191 Cleveland, OH. 44106 . (ks) (Entered: 11/06/1997)
1997-11-25122MEMORANDUM OPINION by Judge Paul L. Friedman (N) (bm) (Entered: 11/25/1997)
1997-11-25123ORDER by Judge Paul L. Friedman : granting motion to dismiss complaint [1-1] [87-1] by CRAIG LIVINGSTON; motion to dismiss amended complaint [69-1] [95-1] by WILLIAM KENNEDY; denying motion for partial summary judgment [115-1] by MELVIN M. MARIN as it relates to defendants Livingstone and Kennedy; dismissing the complaint against defendants D. Craig Livingstone and William H. Kennedy III (N) (bm) (Entered: 11/25/1997)
1997-12-05124MOTION filed by plaintiff MELVIN M. MARIN to treat military injunctions as denied and for leave for immidiate appeal therefrom under section 1292(a) (blj) (Entered: 12/08/1997)
1997-12-18125RESPONSE by federal defendant CRAIG LIVINGSTON in opposition to plaintiff's motion to modify or amend, or for leave to take an interlocutory appeal. (blj) (Entered: 12/19/1997)
1997-12-29127REPLY by plaintiff MELVIN M. MARIN to response to motion to permit filing out of time; Declaration (1); Attachments. (ks) (Entered: 01/05/1998)
1997-12-31126ORDER by Judge Paul L. Friedman : denying motion for media gag order (National Security Act of 1947) [117-1] by MELVIN M. MARIN, denying motion for media "Gag" order, (National Security Act of 1947). [118-1] by MELVIN M. MARIN (N) (ks) (Entered: 12/31/1997)
1998-01-23128ORDER by Judge Paul L. Friedman: denying plaintiff's motion to reconsider or modity or amend the Memorandum Opinion and Order issued 11/25/97; denying motion to take an interlocutory appeal of the Order issued 11/25/97 [124-1] by MELVIN M. MARIN (N) (bm) (Entered: 01/23/1998)
1998-02-05129NOTICE OF INTERLOCUTORY APPEAL by plaintiff MELVIN M. MARIN from order [128-1] , entered on: 1/23/98; IFP - No Fee; Copies mailed to Counsel of Record. (ks) (Entered: 02/06/1998)
1998-02-06TRANSMITTED PRELIMINARY RECORD on appeal [129-1] by MELVIN M. MARIN to U.S. Court of Appeals (ks) (Entered: 02/06/1998)
1998-02-11USCA # 98-5024 assigned for appeal [129-1] by MELVIN M. MARIN (ks) (Entered: 02/12/1998)
1998-03-02130MOTION filed by plaintiff MELVIN M. MARIN for declaratory judgment and injunction against Local Rule 106(e) , or in the alternative to suspend or modify its operation. (ks) (Entered: 03/03/1998)
1998-03-06131STATUS REPORT by plaintiff MELVIN M. MARIN on possible settlements; Attachment (1). (ks) (Entered: 03/09/1998)
1998-03-11132MOTION filed by plaintiff MELVIN M. MARIN to extend time to submit jurisdictional papers Re: interlocutory appeal ; Declaration (1). (ks) (Entered: 03/12/1998)
1998-03-13133SUPPLEMENTAL MEMORANDUM by plaintiff MELVIN M. MARIN in support of motion for declaratory judgment and injunction against Local Rule 106(e) [130-1], or in the alternative, to suspend or modify its operation. [130-2] by MELVIN M. MARIN; Declaration (1). (ks) (Entered: 03/16/1998)
1998-03-31134OPINION by Judge Paul L. Friedman (N) (bm) (Entered: 03/31/1998)
1998-03-31135ORDER by Judge Paul L. Friedman : granting in part, denying in part motion to dismiss [88-1], or in the alternative, for summary judgment [88-2] by federal defendants; dismissing without prejudice plaintiff's claims brought under the FOIA Act and the Privacy Act for injunctive relief; dismissing with prejudice plaintiff's claims brought under the United States Constitution against the military defendants; dismissing with prejudice plaintiff's claims for breach of contract; directing defendants shall file by 4/29/98 an appropriate motion with respect to plaintiff's claim for damages under the Privacy Act; plaintiff shall have 30 days from the filing of the response in which to file his reply; denying as moot all pending motions [132-1] by MELVIN M. MARIN (N) (bm) (Entered: 03/31/1998)
1998-04-03136STATEMENT filed by plaintiff MELVIN M. MARIN , regarding: issues to be raised; Attachments. (ks) (Entered: 04/06/1998)
1998-04-08137NOTICE OF INTERLOCUTORY APPEAL by plaintiff MELVIN M. MARIN from order [135-1] , entered on: 3/31/98; IFP - No Fees; Copies mailed to Counsel of Record. (ks) (Entered: 04/14/1998)
1998-04-14TRANSMITTED PRELIMINARY RECORD on appeal [137-1] by MELVIN M. MARIN to U.S. Court of Appeals (ks) (Entered: 04/14/1998)
1998-04-17138NOTICE OF CHANGE OF ADDRESS by MELVIN M. MARIN representing plaintiff MELVIN M. MARIN . New address: CPT M. Marin Building 93, Naval Station Anacostia, Washington DC 20373-5823. (bm) (Entered: 04/20/1998)
1998-04-17USCA # 98-5111 assigned for appeal [137-1] by MELVIN M. MARIN (bm) (Entered: 04/20/1998)
1998-04-23139NOTICE OF FILING by plaintiff MELVIN M. MARIN of residence address. (ks) (Entered: 04/27/1998)
1998-04-29140MOTION filed by federal defendant THOMAS FINLEY, defendant DANIEL LIMBAUGH, defendant ROBERT A. MAST to dismiss amended complaint [69-1] ; Exhibits (6). (Bulky) Exhibits 1 through 4 pulled and filed under seal pursuant to Order of 6/19/98. (ks) Modified on 06/19/1998 (Entered: 04/30/1998)
1998-05-04141ORDER by Judge Paul L. Friedman : plaintiff shall respond to defendants' motion to dismiss due 6/2/98 (N) (bm) (Entered: 05/04/1998)
1998-05-12142SUBSTITUTION OF COUNSEL for federal defendant, defendant, substituting Paige E. Harrison for attorney Lisa MacPhee. (ks) (Entered: 05/13/1998)
1998-05-26143RESPONSE by plaintiff MELVIN M. MARIN in opposition to motion to dismiss amended complaint [69-1] [140-1] by ROBERT A. MAST, DANIEL LIMBAUGH, THOMAS FINLEY; Declaration (1); Exhibits (15). (Bulky) (ks) (Entered: 05/28/1998)
1998-05-26144CROSS MOTIONS by plaintiff MELVIN M. MARIN to seal , to strike exhibits of government's motion to dismiss , and to renewed motion to enjoin U.S. from adverse actions upon plaintiff's filing of classified documents in Court. (ks) (Entered: 05/28/1998)
1998-06-03145MOTION filed by federal defendants to extend time to 6/11/98 to reply to plaintiff's opposition to defendant's motion to dismiss. (ks) (Entered: 06/04/1998)
1998-06-08146ORDER by Judge Aubrey E. Robinson : granting motion to extend time to 6/11/98 to reply to plaintiff's opposition defendant's motion to dismiss [145-1] by federal defendant; plaintiff's cross-motion to seal, strike and renewed motion to enjoin U.S. from adverse actions upon plaintiff's filing of classified documents in Court. (N) (bm) (Entered: 06/08/1998)
1998-06-11147MOTION filed by federal defendants DOD, ARMY, THOMAS FINLEY, DANIEL LIMBAUGH, ROBERT A. MAST to extend time to 6/12/98 to file their reply to the motion to dismiss. (ks) (Entered: 06/12/1998)
1998-06-11148MOTION filed by DOD, ARMY, THOMAS FINLEY, DANIEL LIMBAUGH, ROBERT A. MAST to seal Exhibits 1-4 of defendant's 4/29/98 motion to dismiss. (ks) (Entered: 06/12/1998)
1998-06-12149REPLY by federal defendant to response to second motion to dismiss amended complaint [69-1] [140-1] by ROBERT A. MAST, DANIEL LIMBAUGH, THOMAS FINLEY (ks) (Entered: 06/15/1998)
1998-06-12150RESPONSE by federal defendants in opposition to cross motion to strike exhibits of government's motion to dismiss [144-2]; and renewed motion to enjoin U.S. from adverse actions upon plaintiff's filing of classified documents in Court. [144-3] by MELVIN M. MARIN; Appendix (1). (ks) (Entered: 06/15/1998)
1998-06-19151ORDER by Judge Paul L. Friedman : granting motion to seal Exhibits 1-4 of defendant's 4/29/98 motion to dismiss [148-1] by ROBERT A. MAST, DANIEL LIMBAUGH, THOMAS FINLEY, ARMY, DOD (N) (bm) (Entered: 06/19/1998)
1998-06-19152ORDER by Judge Paul L. Friedman : granting motion to extend time to 6/12/98 to file their reply to the motion to dismiss [147-1] by ROBERT A. MAST, DANIEL LIMBAUGH, THOMAS FINLEY, ARMY, DOD; reply to dispositive motions due by 6/12/98 (N) (bm) (Entered: 06/19/1998)
1998-06-19153MOTION filed by plaintiff MELVIN M. MARIN to extend time to reply to motion for injunction and striking , and to shorten time for consideration ; attachments (2) (bm) (Entered: 06/23/1998)
1998-06-25154NOTICE OF FILING by plaintiff MELVIN M. MARIN to the Court RE: the filing of plaintiff's affidavit in support of suggestion of recusal (bjsp) (Entered: 06/26/1998)
1998-06-25155NOTICE OF FILING by plaintiff MELVIN M. MARIN to the Court RE: plaintiff's suggestion of recusal; affidavits (1) (bjsp) Modified on 06/26/1998 (Entered: 06/26/1998)
1998-06-29156RESPONSE by federal defendant in opposition to motion to extend time to reply to motion for injunction and striking [153-1] by MELVIN M. MARIN, motion and to shorten time for consideration [153-2] by MELVIN M. MARIN; Appendix (1). (ks) (Entered: 06/30/1998)
1998-07-07157MOTION filed by plaintiff MELVIN M. MARIN to extend time to reply to recent re-filing of government opposition by two weeks , and to shorten time for consideration (tth) (Entered: 07/08/1998)
1998-07-07158MOTION filed by plaintiff MELVIN M. MARIN to vacate , and to amend dismissal order to reinstate declaratory judgment, mandamus , and injunction requests in privacy act claims (Rule 60) , and for summary judgment as to reinstated portions (Rule 56) ; Declaration (1); Exhibits (7) (tth) (Entered: 07/08/1998)
1998-07-09159MOTION filed by federal defendant THOMAS FINLEY, defendant DANIEL LIMBAUGH, defendant ROBERT A. MAST, federal defendant ARMY, federal defendant DOD to extend time to 7/17/98 to respond to plaintiff's Suggestion of Rescusal (dot) (Entered: 07/10/1998)
1998-07-10160ORDER by Judge Paul L. Friedman : granting motion to extend time to 7/17/98 to respond to plaintiff's Suggestion of Rescusal [159-1] by DOD, ARMY, ROBERT A. MAST, DANIEL LIMBAUGH, THOMAS FINLEY (N) (bm) (Entered: 07/10/1998)
1998-07-17161RESPONSE by federal defendant to plaintiff's suggestion of recusal [155-1] by MELVIN M. MARIN (ks) (Entered: 07/20/1998)
1998-07-20162MOTION filed by federal defendants DOD, ARMY, THOMAS FINLEY, DANIEL LIMBAUGH, ROBERT A. MAST to extend time to 8/4/98 to respond to plaintiff's notice of and motion to vacate and amend dismissal order to reinstate. (ks) (Entered: 07/21/1998)
1998-07-20163CROSS MOTIONS by plaintiff MELVIN M. MARIN to strike exhibits of Governments ; Exhibits (2). (ks) (Entered: 07/21/1998)
1998-07-23164ORDER by Judge Paul L. Friedman : granting motion to extend time to 8/4/98 to respond to plaintiff's notice of and motion to vacate and amend dismissal order to [162-1] by ROBERT A. MAST, DANIEL LIMBAUGH, THOMAS FINLEY, ARMY, DOD (N) (bm) (Entered: 07/23/1998)
1998-08-03165NOTICE OF CHANGE OF ADDRESS by MELVIN M. MARIN representing MELVIN M. MARIN . New address: 220 Wilson Blvd., #102-44 Arlington, VA 22201 . (ks) (Entered: 08/05/1998)
1998-08-04166MOTION filed by federal defendants to extend time to 8/5/98 to respond to plaintiff's motion to vacate and amend dismissal Order to reinstate. (ks) (Entered: 08/05/1998)
1998-08-05167RESPONSE by federal defendant in opposition to motion to vacate [158-1]; to amend dismissal order to reinstate declaratory judgment, mandamus [158-2]; injunction requests in privacy act claims (Rule 60) [158-3]; and for summary judgment as to reinstated portions (Rule 56) [158-4] by MELVIN M. MARIN . (zz) (Entered: 08/07/1998)
1998-08-10168ORDER by Judge Paul L. Friedman : granting motion to extend time to 8/5/98 to respond to plaintiff's motion to vacate and amend dismissal Order to reinstate. [166-1] by DOD (N) (bm) (Entered: 08/10/1998)
1998-08-24169CERTIFIED COPY of Order filed in USCA dated 06/29/98, referencing appeal [129-1] , dismissing appeal . USCA # 98-5024 (ldc) (Entered: 08/25/1998)
1998-10-23170MEMORANDUM OPINION by Judge Paul L. Friedman (N) (bm) (Entered: 10/23/1998)
1998-10-23171ORDER by Judge Paul L. Friedman : granting motion to dismiss the Privacy Act damages claim [69-1] [140-1] by ROBERT A. MAST, DANIEL LIMBAUGH, THOMAS FINLEY with prejudicet; granting in part motion to strike exhibits of Governments [163-1] by MELVIN M. MARIN; striking exhibits 1-4 attached to the above referenced motion to dismiss as immaterial; denying all other pending motions; dismissing complaint [1-1] and entering judgment if favor of defendants (N) (bm) (Entered: 10/23/1998)
1998-10-23172MOTION filed by plaintiff MELVIN M. MARIN to supplement the record (tb) (Entered: 10/26/1998)
1998-10-23173MOTION filed by plaintiff MELVIN M. MARIN to seal planned exhibits in support (tb) (Entered: 10/26/1998)
1998-11-02174ORDER by Judge Paul L. Friedman : denying as moot motion to seal planned exhibits in support [173-1] by MELVIN M. MARIN, denying as moot motion to supplement the record [172-1] by MELVIN MARIN (N) (bm) (Entered: 11/02/1998)
1998-11-02175NOTICE OF CHANGE OF ADDRESS by MELVIN M. MARIN representing plaintiff MELVIN M. MARIN . New address: 945 Boardman-Canfield Road, Apartment 12, Boardman, Ohio 44512 . (tw) (Entered: 11/03/1998)
1998-11-02176MOTION filed by plaintiff MELVIN M. MARIN to vacate , and to amend dismissial [1-1] [171-1], [171-2], order [171-3] ; declaration (1) (tw) (Entered: 11/03/1998)
1998-12-02177CERTIFIED COPY of Order filed in USCA dated 7/31/98, referencing appeal [137-1] , dismissing appeal . , and affirming the judgment of USDC . USCA # 98-5111 (cjp) (Entered: 12/03/1998)
1999-02-01178ORDER by Judge Paul L. Friedman : denying motion to vacate [176-1] by MELVIN M. MARIN, denying motion to amend dismissal [1-1] [171-1], [171-2], order [171-3] [176-2] by MELVIN M. MARIN (N) (bm) (Entered: 02/01/1999)
1999-03-23179NOTICE OF CHANGE OF ADDRESS by MELVIN M. MARIN . New address: 7321 South Avenue, Apartment # Boardman OH 44512 (800) 787-9451. (st) (Entered: 03/24/1999)
1999-03-25180NOTICE OF CHANGE OF ADDRESS by MELVIN M. MARIN representing plaintiff MELVIN M. MARIN . New address: 7321 South Ave, #133, Boardman, OH 44512 (1800) 787-9451. (bjsp) (Entered: 03/26/1999)
1999-03-25181MOTION filed by plaintiff MELVIN M. MARIN for reconsideration of order [178-1] , and to extend time for plaintiff to file appeal (bjsp) (Entered: 03/26/1999)
1999-04-09182ORDER by Judge Paul L. Friedman : granting motion to extend time for plaintiff to file appeal [181-2] by MELVIN M. MARIN; plaintiff shall file his notice of appeal within ten (10) days from the entry date of this Order. The Clerk is directed to enclose with this Order a copy of the Order entered on 2/1/99; attachment. (N) (bm) (Entered: 04/09/1999)
1999-04-12183NOTICE OF APPEAL by plaintiff MELVIN M. MARIN from order [178-1],entered on: 2/1/99; IFP no fees paid; copies mailed to Melvin M. Marin and Paige E. Harrison; (FIAT. Judge Friedman) (tw) Modified on 04/13/1999 (Entered: 04/13/1999)
1999-04-13TRANSMITTED PRELIMINARY RECORD on appeal [183-1] by MELVIN M. MARIN to U.S. Court of Appeals (tw) (Entered: 04/13/1999)
1999-04-14USCA # 99-5102 assigned for appeal [183-1] by MELVIN M. MARIN (tth) (Entered: 04/15/1999)
1999-12-01184CERTIFIED COPY of order filed in USCA dated 10/8/99, on appeal [183-1] , affirming the judgment of USDC . USCA # 99-5102 (cjp) (Entered: 12/01/1999)
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