Deemer v. Board for Correction of Naval Records

Justia Dockets & Filings Tenth Circuit Colorado District Court Deemer v. Board for Correction of Naval Records

Deemer v. Board for Correction of Naval Records

Plaintiff:	Leonard H. Deemer
Defendant:	Board for Correction of Naval Records
Case Number:	1:2014cv02978
Filed:	November 3, 2014
Court:	US District Court for the District of Colorado
Office:	Denver Office
County:	Arapahoe
Presiding Judge:	John L. Kane
Nature of Suit:	Recovery of Overpayment of Veteran's Benefits
Cause of Action:	05 U.S.C. § 702
Jury Demanded By:	None

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Date Filed	Document Text
August 6, 2015	Filing 19 ORDER for Transfer to Court of Federal Claims: Granting 18 Request for Transfer to Court of Federal Claims, by Judge John L. Kane on 8/6/2015. (ebuch)
June 30, 2015	Filing 15 ORDER. ORDERED that Defendant's Motion to Dismiss 10 is GRANTED in partand DENIED in part. This Court lacks jurisdiction to consider Plaintiff's military status change claim in that it seeks monetary relief that is within the Court of Fed eral Claims exclusive jurisdiction under the Tucker Act. Because I am without jurisdiction to consider the claim, Defendant's Motion is DENIED with respect to its statute of limitations and Rule 12(b)(6) defenses. Commander Deemer shall have 20 days, or until July 20, 2015, to request a transfer to the Court of Federal Claims. Failing a timely request, this matter shall be deemed closed and may be terminated without further order of the court. Entered by Judge John L. Kane on 06/30/15.(jhawk, )

Date Filed

Document Text

August 6, 2015

Filing 19 ORDER for Transfer to Court of Federal Claims: Granting 18 Request for Transfer to Court of Federal Claims, by Judge John L. Kane on 8/6/2015. (ebuch)

June 30, 2015

Filing 15 ORDER. ORDERED that Defendant's Motion to Dismiss 10 is GRANTED in partand DENIED in part. This Court lacks jurisdiction to consider Plaintiff's military status change claim in that it seeks monetary relief that is within the Court of Fed eral Claims exclusive jurisdiction under the Tucker Act. Because I am without jurisdiction to consider the claim, Defendant's Motion is DENIED with respect to its statute of limitations and Rule 12(b)(6) defenses. Commander Deemer shall have 20 days, or until July 20, 2015, to request a transfer to the Court of Federal Claims. Failing a timely request, this matter shall be deemed closed and may be terminated without further order of the court. Entered by Judge John L. Kane on 06/30/15.(jhawk, )

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Plaintiff: Leonard H. Deemer
Represented By:	Stefan Kazmierski
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Defendant: Board for Correction of Naval Records
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