2004-09-14 |
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Unpublished Opinion/Order |
UNPUBLISHED ORDER: The claims of the eleven named pltfs [1) Argent J. Acota III (No. 96-4805C), 2) Maria Bravo (No. 96-4801C), 3) Jack Brown (No. 96-4806C), 4) Michael Cavanaugh (No. 96-4806C), 5) Donna Erwin (No. 96-4806C) 6) Lawrence J. James (No. 96-4806C), 7) Kenneth Kelly (No. 96-4806C), 8) Ronald Kihnel (No. 96-4805C), 9) Bertrand Moore (No. 96-4806C), 10) Richard Mula (No. 96-4805C) and 11) Bayardo M. Rex (No. 96-4806C)] who failed to respond to the court's show cause order are, hereby, DISMISSED, with prejudice, for failure to prosecute pursuant to RCFC 41(b). As there is no reason for delay, The clerk's office shall enter JUDGMENT consistent with this order, pursuant to RCFC 54(b). For case management purposes, the claims of the eleven named pltfs are SEVERED from the cases John A. Agbayani, et al v. USA, No. 96-4801C, Argent J. Acosta, III v. USA, No. 96-4805C and Jack Brown v. USA, No. 96-4806C, which remain pending, and assigned to the case of Argent J. Acosta, III v. USA, which is assigned case number 96-4812C. Since the claims of Argent J. Acota, III and Jack Brown are dismissed with this order, the parties shall IDENTIFY name pltfs for the captions of case numbers 96-4805C and 96-4806C from among the remaining pltfs in those cases. The clerk's office did not file the letter from Ms. Confino and Ms. Fellegara-Gibson, for various administrative reasons. The clerk's office will FILE both pro se letters, by leave of the court. Signed by Judge Marian Blank Horn. (jcp, ) |
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2004-09-20 |
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Judgment |
JUDGMENT entered, pursuant to Rule 58, that the claims of plaintiffs: Argent J. Acosta, III, Maria Bravo, Jack Brown, Michael Cavanaugh, Donna Erwin, Lawrence J. James, Kenneth Kelly, Ronald Kihnel, Bertrand Moore, Richard Mula and Bayardo M. Rex, are dismissed, with prejudice, for failure to prosecute pursuant to RCFC 41(b). (lld, ) |
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