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

Filing 70

MOTION for Partial Summary Judgment filed by Michael D. Almy. Motion Hearing set for 8/9/2012 01:30 PM in Courtroom 3, 17th Floor, San Francisco before Hon. Richard Seeborg. Responses due by 7/19/2012. Replies due by 7/26/2012. (Attachments: # 1 Affidavit Almy, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Proposed Order)(Woodmansee, Mark) (Filed on 7/5/2012)

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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: August 9, 2012
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 Plaintiff Almy’s Motion for Partial Summary

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

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counsel, finds Plaintiff’s discharge proceedings and subsequent discharge violated his substantive

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due process rights.

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[PROPOSED] ORDER GRANTING MOTION FOR PARTIAL SUMMARY JUDGMENT
sd-593903

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THEREFORE,

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Plaintiff Almy’s Motion for Partial Summary Judgment is GRANTED, and the

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Defendants shall reinstate Plaintiff on active duty in the U.S. Air Force 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-593903

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