MOSQUEDA v. USA

MOSQUEDA v. USA

Plaintiff:	JESUS M. MOSQUEDA
Defendant:	USA
Case Number:	1:2014cv00958
Filed:	October 7, 2014
Court:	United States Federal Claims Court
Office:	COFC Office
County:	None
Presiding Judge:	James F. Merow
Nature of Suit:	Marine
Cause of Action:	28 U.S.C. § 1491
Jury Demanded By:	None

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Date Filed	Document Text
July 24, 2015	Filing 14 UNREPORTED OPINION: (1) denying 6 Defendant's Partial Motion to Dismiss, Motion for Judgment Upon the Administrative Record, and Alternative Motion to Remand; and (2) granting 9 Plaintiff's Cross Motion for Judgment Upon the Admini strative Record. Pursuant to RCFC 52.2 the case is remanded to the BCNR: (1) to calculate the amount of active duty back pay to which plaintiff is entitled, including taking the appropriate steps to determine whether, in the absence of the improper discharge, plaintiff was entitled to continued active duty pay status pursuant to 10 U.S.C. § 1176(a), or any applicable Navy regulation; and (2) were there entitlement to continued active duty status pursuant to 10 U.S.C. § 1176(a), to det ermine whether plaintiff was entitled to a transfer to the Fleet Reserve, and if so the amount of any back pay reserve compensation involved; and (3) to correct plaintiff's records pursuant to 28 U.S.C. § 1491(a)(2), in accord with this court's conclusions. Status Report due by 11/23/2015 and at the conclusion of each 90-day period thereafter until completion of the proceedings. Signed by Senior Judge James F. Merow. (lae) Copy to parties.

Date Filed

Document Text

July 24, 2015

Filing 14 UNREPORTED OPINION: (1) denying 6 Defendant's Partial Motion to Dismiss, Motion for Judgment Upon the Administrative Record, and Alternative Motion to Remand; and (2) granting 9 Plaintiff's Cross Motion for Judgment Upon the Admini strative Record. Pursuant to RCFC 52.2 the case is remanded to the BCNR: (1) to calculate the amount of active duty back pay to which plaintiff is entitled, including taking the appropriate steps to determine whether, in the absence of the improper discharge, plaintiff was entitled to continued active duty pay status pursuant to 10 U.S.C. § 1176(a), or any applicable Navy regulation; and (2) were there entitlement to continued active duty status pursuant to 10 U.S.C. § 1176(a), to det ermine whether plaintiff was entitled to a transfer to the Fleet Reserve, and if so the amount of any back pay reserve compensation involved; and (3) to correct plaintiff's records pursuant to 28 U.S.C. § 1491(a)(2), in accord with this court's conclusions. Status Report due by 11/23/2015 and at the conclusion of each 90-day period thereafter until completion of the proceedings. Signed by Senior Judge James F. Merow. (lae) Copy to parties.

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Plaintiff: JESUS M. MOSQUEDA
Represented By:	Douglas L. Cody
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Defendant: USA
Represented By:	Reta Emma Bezak
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