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 |
Available Case Documents
The following documents for this case are available for you to view or download:
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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