Almy et al v. United States Department of Defense et al

Filing 44

Proposed Order re 43 MOTION for Partial Summary Judgment by Michael D. Almy, Jason D. Knight, Anthony J. Loverde. (Woodmansee, Mark) (Filed on 7/27/2011)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MICHAEL D. ALMY, JASON D. KNIGHT,
and ANTHONY J. LOVERDE,
Plaintiffs,

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[PROPOSED] ORDER GRANTING
MOTION FOR PARTIAL SUMMARY
JUDGMENT

v.

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Case No. 10-cv-05627-RS

UNITED STATES DEPARTMENT OF
DEFENSE; ROBERT M. GATES, Secretary
of Defense; DEPARTMENT OF THE AIR
FORCE; MICHAEL B. DONLEY, Secretary,
Department of the Air Force; DEPARTMENT
OF THE NAVY; and RAY MABUS,
Secretary, Department of the Navy,

Date: September 1, 2011
Time: 1:30 p.m.
Courtroom: 3, 17th Floor
Judge: Hon. Richard Seeborg

Defendants.

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This matter coming before the Court on Plaintiffs’ Motion for Partial Summary Judgment,

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the Court, having considered the papers, all the record evidence and arguments of counsel, finds

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Plaintiffs’ discharge proceedings and subsequent discharges violated their substantive due process

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rights.

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[PROPOSED] ORDER GRANTING MOTION FOR PARTIAL SUMMARY JUDGMENT
sd-544700

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THEREFORE,

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Plaintiffs’ Motion for Partial Summary Judgment is GRANTED, and the Defendants shall

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reinstate Plaintiffs on active duty in their respective branches of the military within 30 days.

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IT IS SO ORDERED.

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Dated:
Hon. Richard Seeborg
U.S. District Court Judge

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[PROPOSED] ORDER GRANTING MOTION FOR PARTIAL SUMMARY JUDGMENT
sd-544700

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