District Of Columbia District Court
Judge:Jia M Cobb
Case #: 1:23-cv-00995
Nature of Suit895 Other Statutes - Freedom of Information Act
Cause05:552 Freedom of Information Act
Case Filed:May 17, 2023
Last checked: Monday Nov 13, 2023 4:15 AM EST
Defendant
DEFENSE FINANCE AND ACCOUNTING SERVICE
Represented By
Brian J. Levy
Doj-Usao
contact info
Defendant
LLOYD J. AUSTIN, III
Represented By
Brian J. Levy
Doj-Usao
contact info
Defendant
JOO Y. CHUNG
Represented By
Brian J. Levy
Doj-Usao
contact info
Defendant
U.S. DEPARTMENT OF DEFENSE
Represented By
Brian J. Levy
Doj-Usao
contact info
Plaintiff
BERNARD GELB
65-48 Alderton St.
Rego Park, NY 11374

GPO Jan 08 2025
MEMORANDUM OPINION re 16 Motion to Dismiss, 19 Motion for Summary Judgment, 24 Motion for Summary Judgment, and 31 Motion to Strike: See document for details. Signed by Judge Jia M. Cobb on January 8, 2025. (lcjmc2)

Docket last updated: 01/20/2025 11:59 PM EST
Friday, January 10, 2025
40 40 appeal Transmission of Notice of Appeal and Docket Sheet to USCA Fri 01/10 3:12 PM
Transmission of the Notice of Appeal, Order Appealed (Memorandum Opinion), and Docket Sheet to US Court of Appeals. The fee remains to be paid and another notice will be transmitted when the fee has been paid in the District Court or motion to proceed In Forma Pauperis has been decided re39 Notice of Appeal to DC Circuit Court. (zdp)
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Thursday, January 09, 2025
39 39 appeal Notice of Appeal to DC Circuit Fri 01/10 3:10 PM
NOTICE OF APPEAL TO DC CIRCUIT COURT as to38 Order on Motion to Strike, Order on Motion to Dismiss, Order on Motion for Summary Judgment, by BERNARD GELB. Fee Status: No Fee Paid. Parties have been notified. (zdp)
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Wednesday, January 08, 2025
38 38 1 pgs order Order on Motion to Strike Order on Motion to Dismiss Order on Motion for Summary Judgment Wed 01/08 5:47 PM
ORDER re16 Motion to Dismiss,19 Motion for Summary Judgment,24 Motion for Summary Judgment, and31 Motion to Strike: See document for details. Signed by Judge Jia M. Cobb on January 8, 2025. (lcjmc2)
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37 37 21 pgs order Memorandum & Opinion Wed 01/08 5:45 PM
MEMORANDUM OPINION re16 Motion to Dismiss,19 Motion for Summary Judgment,24 Motion for Summary Judgment, and31 Motion to Strike: See document for details. Signed by Judge Jia M. Cobb on January 8, 2025. (lcjmc2)
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Wednesday, November 27, 2024
36 36 respm Surreply Mon 12/02 9:29 AM
SURREPLY to re24 Cross MOTION for Summary Judgment Opposition to Motion for Summary Judgment 19 , Reply in Support of Motion to Dismiss 16 filed by BERNARD GELB. (zdp)
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Monday, November 18, 2024
order .Order ~Util - Set/Reset Deadlines Mon 11/18 10:52 AM
MINUTE ORDER: In his Motion to Strike31 , Plaintiff notes that Defendants failed to respond to his statement of undisputed material facts in their February 2024 filing, ECF 24, and instead responded to his asserted facts for the first time in their reply, see ECF 30-1. In the interest of granting Plaintiff a full and fair opportunity to respond to Defendants, and in light of Plaintiff's pro se status, it is hereby ORDERED that Plaintiff is permitted to file a reply statement of facts responding to Defendants' statement of material facts located at ECF 30-1 by December 2, 2024. If Plaintiff does not respond by that date, the Court will proceed on the briefs as filed. Signed by Judge Jia M. Cobb on November 18, 2024. (lcjmc2)
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Tuesday, August 13, 2024
35 35 respm Response to (non-motion) Document Fri 08/16 10:11 AM
RESPONSE re34 NOTICE OF SUPPLEMENTAL AUTHORITY filed by BERNARD GELB. (zdp)
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34 34 notice Notice of Supplemental Authority Tue 08/13 11:59 AM
NOTICE OF SUPPLEMENTAL AUTHORITY by LLOYD J. AUSTIN, III, JOO Y. CHUNG, DEFENSE FINANCE AND ACCOUNTING SERVICE, U.S. DEPARTMENT OF DEFENSE(Levy, Brian)
Related: [-]
Att: 1 Exhibit,
Att: 2 Certificate of Service
Tuesday, July 09, 2024
33 33 respm Reply to opposition to motion Fri 07/12 3:08 PM
REPLY to opposition to motion re31 MOTION to Strike 28 Reply to opposition to Motion,24 Cross MOTION for Summary Judgment Opposition to Motion for Summary Judgment 19 , Reply in Support of Motion to Dismiss 16 ,30 Reply to opposition to Motion,16 Partial MOTIO filed by BERNARD GELB. (zdp)
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Monday, July 01, 2024
32 32 10 pgs respm Memorandum in opposition to motion Mon 07/01 5:28 PM
Memorandum in opposition to re31 Motion to Strike, filed by LLOYD J. AUSTIN, III, JOO Y. CHUNG, DEFENSE FINANCE AND ACCOUNTING SERVICE, U.S. DEPARTMENT OF DEFENSE.(Levy, Brian)
Related: [-]
Att: 1 Text of Proposed Order,
Att: 2 Certificate of Service
Tuesday, June 18, 2024
31 31 motion Strike Thu 06/20 3:41 PM
MOTION to Strike 28 Reply to opposition to Motion,24 Cross MOTION for Summary Judgment Opposition to Motion for Summary Judgment 19 , Reply in Support of Motion to Dismiss 16 ,30 Reply to opposition to Motion,16 Partial MOTION to Dismiss by BERNARD GELB.(mg)
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Att: 1 Text of Proposed Order
Monday, June 03, 2024
30 30 respm Reply to opposition to motion Mon 06/03 5:55 PM
REPLY to opposition to motion re24 Cross MOTION for Summary Judgment Opposition to Motion for Summary Judgment 19 , Reply in Support of Motion to Dismiss 16 filed by LLOYD J. AUSTIN, III, JOO Y. CHUNG, DEFENSE FINANCE AND ACCOUNTING SERVICE, U.S. DEPARTMENT OF DEFENSE.(Levy, Brian)
Related: [-]
Att: 1 Statement of Facts,
Att: 2 Certificate of Service
Friday, May 03, 2024
29 29 30+ pgs respm Memorandum in opposition to motion Tue 05/07 9:00 AM
Memorandum in opposition to re24 Motion for Summary Judgment,, filed by BERNARD GELB. (zdp)
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Wednesday, February 21, 2024
26 26 order .Order Fox/Neal Order Wed 02/21 9:37 AM
NEAL ORDER DIRECTING Plaintiff to respond to24 Defendants' motion for summary judgment by May 3, 2024. See also Minute Order, February 5, 2024. Failure to respond by that date may result in the Court treating Defendants' factual assertions as conceded. See document for details. Signed by Judge Jia M. Cobb on February 21, 2024. (lcjmc2)
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Tuesday, February 20, 2024
28 28 respm Reply to opposition to motion Wed 02/28 8:51 AM
REPLY to opposition to motion re16 Partial MOTION to Dismiss filed by LLOYD J. AUSTIN, III, JOO Y. CHUNG, DEFENSE FINANCE AND ACCOUNTING SERVICE, U.S. DEPARTMENT OF DEFENSE. (See docket entry24 to view document) (zdp)
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27 27 respm Memorandum in opposition to motion Wed 02/28 8:50 AM
Memorandum in opposition to re19 Motion for Summary Judgment filed by LLOYD J. AUSTIN, III, JOO Y. CHUNG, DEFENSE FINANCE AND ACCOUNTING SERVICE, U.S. DEPARTMENT OF DEFENSE. (See docket entry24 to view document) (zdp)
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25 25 misc Errata Tue 02/20 1:38 PM
ERRATA by LLOYD J. AUSTIN, III, JOO Y. CHUNG, DEFENSE FINANCE AND ACCOUNTING SERVICE, U.S. DEPARTMENT OF DEFENSE re24 Motion for Summary Judgment,,.(Levy, Brian)
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Att: 1 Certificate of Service
24 24 motion Summary Judgment Tue 02/20 1:20 PM
Cross MOTION for Summary Judgment Opposition to Motion for Summary Judgment 19 , Reply in Support of Motion to Dismiss 16 by LLOYD J. AUSTIN, III, JOO Y. CHUNG, DEFENSE FINANCE AND ACCOUNTING SERVICE, U.S. DEPARTMENT OF DEFENSE.(Levy, Brian)
Related: [-]
Att: 1 Statement of Facts,
Att: 2 Declaration Outlaw,
Att: 3 Exhibit Outlaw 1,
Att: 4 Exhibit Outlaw 2,
Att: 5 Exhibit Outlaw 3,
Att: 6 Exhibit Outlaw 4,
Att: 7 Exhibit Outlaw 5,
Att: 8 Exhibit Outlaw 6,
Att: 9 Declaration Kennedy,
Att: 10 Declaration Harper,
Att: 11 Declaration Lukasik,
Att: 12 Text of Proposed Order,
Att: 13 Certificate of Service
Monday, February 05, 2024
order Order on Motion to Modify Set/Reset Deadlines Mon 02/05 1:57 PM
MINUTE ORDER re23 consent motion to modify schedule: Having considered the motion, and for good cause shown, the Court hereby GRANTS the motion. It is further ORDERED that Defendants shall file their opposition and cross motion by February 20, 2024; Plaintiff shall file his reply and opposition to Defendants' cross motion by May 3, 2024; and Defendants shall file their reply by June 3, 2024. Signed by Judge Jia M. Cobb on February 5, 2024. (lcjmc2)
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Thursday, February 01, 2024
23 23 motion Modify Thu 02/01 5:02 PM
Joint MOTION to Modify by LLOYD J. AUSTIN, III, JOO Y. CHUNG, DEFENSE FINANCE AND ACCOUNTING SERVICE, U.S. DEPARTMENT OF DEFENSE.(Levy, Brian)
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Att: 1 Text of Proposed Order
Monday, January 22, 2024
22 22 motion Modify Mon 01/22 10:30 AM
Consent MOTION to Modify by LLOYD J. AUSTIN, III, JOO Y. CHUNG, DEFENSE FINANCE AND ACCOUNTING SERVICE, U.S. DEPARTMENT OF DEFENSE.(Levy, Brian)
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Att: 1 Text of Proposed Order
order Order on Motion to Modify Set/Reset Deadlines Mon 01/22 12:24 PM
MINUTE ORDER re22 consent motion to modify schedule: Having considered the motion, and for good cause shown, the Court hereby GRANTS the motion. It is further ORDERED that Defendants shall file their opposition and cross motion by February 6, 2024; Plaintiff shall file his reply and opposition to Defendants' cross motion by April 8, 2024; and Defendants shall file their reply by May 9, 2024. Signed by Judge Jia M. Cobb on January 22, 2024. (lcjmc2)
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Monday, November 20, 2023
21 21 motion Extension of Time to File Response/Reply Mon 11/20 3:06 PM
Consent MOTION for Extension of Time to File Response/Reply as to19 MOTION for Summary Judgment,16 Partial MOTION to Dismiss by LLOYD J. AUSTIN, III, JOO Y. CHUNG, DEFENSE FINANCE AND ACCOUNTING SERVICE, U.S. DEPARTMENT OF DEFENSE.(Levy, Brian)
Related: [-]
Att: 1 Text of Proposed Order
order Order on Motion for Extension of Time to File Response/Reply Set/Reset Deadlines Mon 11/20 6:15 PM
MINUTE ORDER re21 Motion for Extension: Having considered the motion, and for good cause shown, the Court hereby GRANTS the motion for extension. It is further ORDERED that the Parties shall adhere to the following filing schedule: By January 23, 2024, Defendants shall file in a single submission their (i) reply in support of motion to dismiss, (ii) opposition to Plaintiff's motion for summary judgment, and (iii) motion for summary judgment. By March 25, 2024, Plaintiffs shall file in a single submission his (i) reply in support of his motion for summary judgment and (ii) opposition to Defendants' motion for summary judgment. By April 25, 2024, Defendants shall file their reply in support of their motion for summary judgment. Signed by Judge Jia M. Cobb on November 20, 2023. (lcjmc2)
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Thursday, November 16, 2023
20 20 respm Memorandum in opposition to motion Thu 11/16 11:07 AM
Memorandum in opposition to re16 Motion to Dismiss, filed by BERNARD GELB. (See Docket Entry19 to view document). (znmw)
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19 19 motion Summary Judgment Thu 11/16 11:06 AM
Cross MOTION for Summary Judgment by BERNARD GELB. (znmw)
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Tuesday, October 17, 2023
17 17 order .Order Fox/Neal Order Tue 10/17 9:40 AM
FOX ORDER DIRECTING Plaintiff to respond to16 Defendants' Partial Motion to Dismiss by November 16, 2023. Failure to respond by that date may result in the Court deeming the matter conceded. See document for details. Signed by Judge Jia M. Cobb on October 17, 2023. (lcjmc2)
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Monday, October 16, 2023
16 16 motion Dismiss Mon 10/16 3:38 PM
Partial MOTION to Dismiss by LLOYD J. AUSTIN, III, JOO Y. CHUNG, DEFENSE FINANCE AND ACCOUNTING SERVICE, U.S. DEPARTMENT OF DEFENSE.(Levy, Brian)
Related: [-]
Att: 1 Memorandum in Support,
Att: 2 Text of Proposed Order,
Att: 3 Certificate of Service
Thursday, October 12, 2023
18 18 service Summons Returned Executed as to Federal Defendant Summons Returned Executed as to U.S. Attorney General Summons Returned Executed as to US Attorney Thu 10/19 2:57 PM
RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. All Defendants, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 9/14/2023., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 9/14/2023. ( Answer due for ALL FEDERAL DEFENDANTS by 11/13/2023.) (mg)
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Friday, August 25, 2023
15 15 service Electronic Summons Issued Fri 08/25 2:55 PM
SUMMONS (1) Issued Electronically as to U.S. DEPARTMENT OF DEFENSE. (zed)
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Thursday, August 24, 2023
14 14 motion Extension of Time to File Answer Thu 08/24 10:51 AM
Consent MOTION for Extension of Time to File Answer re12 Amended Complaint, by DEFENSE FINANCE AND ACCOUNTING SERVICE.(Levy, Brian)
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Att: 1 Text of Proposed Order,
Att: 2 Certificate of Service
order Order on Motion for Extension of Time to Answer Set/Reset Deadlines Thu 08/24 8:59 PM
MINUTE ORDER re14 Consent Motion for Extension: Having considered the motion and for good cause shown, the Court GRANTS the motion. The Court ORDERS that the Defendant shall have through and including 30 days after the last of the Department of Defense, Lloyd Austin, or Joo Chung is served to respond to the Amended Complaint in this action. Signed by Judge Jia M. Cobb on August 24, 2023. (lcjmc2)
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Friday, August 18, 2023
order Order on Motion for Extension of Time to Fri 08/18 11:03 AM
MINUTE ORDER denying13 Plaintiff's Motion for Extension of Time as moot: The Court has reviewed Plaintiff's Motion, which seeks additional time to respond to Defendant's Partial Motion to Dismiss. In its August 16, 2023, Minute Order, the Court mooted Defendant's Partial Motion to Dismiss in light of Plaintiff's Amended Complaint. This means that Plaintiff has no upcoming response deadlines. If Defendant moves to dismiss Plaintiff's Amended Complaint, the Court will provide Plaintiff time to respond to that motion. For now, however, Plaintiff need not file any responses because there are no motions pending. Signed by Judge Jia M. Cobb on August 18, 2023. (lcjmc2)
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Wednesday, August 16, 2023
order Order on Motion to Dismiss Wed 08/16 12:25 PM
MINUTE ORDER finding as moot9 Defendant's Partial Motion to Dismiss: In light of the Amended Complaint, the Defendant's Partial Motion to Dismiss is denied as moot. See Barnes v. District of Columbia , 42 F. Supp. 3d 111, 117 (D.D.C. 2014); Smalls v. Spencer , No. 17-cv-606, 2018 WL 1461963, at *2 (D.D.C. Mar. 22, 2018). Signed by Judge Jia M. Cobb on August 16, 2023. (lcjmc2)
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Tuesday, August 15, 2023
13 13 motion Extension of Time to Fri 08/18 9:47 AM
MOTION for Extension of Time by BERNARD GELB. (zed)
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12 12 cmp Amended Complaint Tue 08/15 12:17 PM
AMENDED COMPLAINT against DEFENSE FINANCE AND ACCOUNTING SERVICE, U.S. DEPARTMENT OF DEFENSE, LLOYD J. AUSTIN, III, JOO Y. CHUNG filed by BERNARD GELB. "LET THIS BE FILED" Signed by Judge Jia M. Cobb on 8/15/2023. (Attachment: #1 Exhibits)(zed)
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Wednesday, July 26, 2023
order Order on Motion for Extension of Time to File Response/Reply Wed 07/26 2:26 PM
MINUTE ORDER finding as moot11 Plaintiff's Motion for Extension of Time: On July 24, 2023, the Court issued10 Fox Order, which directs Plaintiff to respond to Defendant's Partial Motion to Dismiss by August 22, 2023. Given that the Fox Order sets a response deadline that falls after the deadline Plaintiff requests in this Motion, the Court finds the Motion to be moot. The Court reminds Plaintiff to respond to Defendant's Partial Motion to Dismiss by August 22, 2023. See the Order associated with ECF 10 for details. Signed by Judge Jia M. Cobb on July 26, 2023. (lcjmc2)
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Monday, July 24, 2023
11 11 motion Extension of Time to File Response/Reply Tue 07/25 2:19 PM
MOTION for Extension of Time to File Response/Reply as to9 Partial MOTION to Dismiss by BERNARD GELB. (mg)
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10 10 order .Order ~Util - Set/Reset Deadlines Fox/Neal Order Mon 07/24 12:25 PM
FOX ORDER DIRECTING Plaintiff to respond to9 Defendant's Partial Motion to Dismiss by August 22, 2023. Failure to respond by that date may result in the Court deeming the matter conceded. See document for details. Signed by Judge Jia M. Cobb on July 24, 2023. (lcjmc2)
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Friday, July 21, 2023
9 9 motion Dismiss Fri 07/21 5:16 PM
Partial MOTION to Dismiss by DEFENSE FINANCE AND ACCOUNTING SERVICE.(Levy, Brian)
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Att: 1 Memorandum in Support,
Att: 2 Exhibit,
Att: 3 Text of Proposed Order,
Att: 4 Certificate of Service
Tuesday, July 18, 2023
order Order on Motion for Extension of Time to Answer Set/Reset Deadlines Tue 07/18 9:36 AM
MINUTE ORDER re8 Defendant's Consent Motion for Extension of Time: Having considered the Motion and for good cause shown, the Court GRANTS the Motion. Defendant is ORDERED to respond to the Complaint by July 21, 2023. Signed by Judge Jia M. Cobb on July 18, 2023. (lcjcm2)
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Monday, July 17, 2023
8 8 motion Extension of Time to File Answer Mon 07/17 4:23 PM
Consent MOTION for Extension of Time to File Answer re1 Complaint by DEFENSE FINANCE AND ACCOUNTING SERVICE.(Levy, Brian)
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Att: 1 Text of Proposed Order,
Att: 2 Certificate of Service
Friday, July 07, 2023
7 7 motion Extension of Time to File Answer Fri 07/07 10:13 AM
Consent MOTION for Extension of Time to File Answer re1 Complaint by DEFENSE FINANCE AND ACCOUNTING SERVICE.(Levy, Brian)
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Att: 1 Text of Proposed Order,
Att: 2 Certificate of Service
6 6 notice Notice of Appearance Fri 07/07 10:10 AM
NOTICE of Appearance by Brian J. Levy on behalf of DEFENSE FINANCE AND ACCOUNTING SERVICE(Levy, Brian)
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Att: 1 Certificate of Service
order Order on Motion for Extension of Time to Answer Set/Reset Deadlines Fri 07/07 4:21 PM
MINUTE ORDER re7 Consent Motion for Extension of Time: Having considered the motion and for good cause shown, the Court GRANTS the motion. Defendant is ORDERED to respond to the Complaint by July 18, 2023. Signed by Judge Jia M. Cobb on July 7, 2023. (lcjmc2)
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Tuesday, June 27, 2023
5 5 service Summons Returned Executed as to Federal Defendant Summons Returned Executed as to U.S. Attorney General Summons Returned Executed in FOIA case as to U.S. Attorney Tue 06/27 1:06 PM
RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DEFENSE FINANCE AND ACCOUNTING SERVICE served on 6/26/2023, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 6/8/2023., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 6/8/2023. ( Answer due for ALL FEDERAL DEFENDANTS by 7/8/2023.) (zed)
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Friday, June 23, 2023
4 4 service Electronic Summons Reissued Fri 06/23 10:59 AM
SUMMONS (1) Reissued Electronically as to DEFENSE FINANCE AND ACCOUNTING SERVICE. (zed)
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Wednesday, May 31, 2023
3 3 service Electronic Summons Issued as to AUSA,USAG Wed 05/31 2:01 PM
SUMMONS (3) Issued Electronically as to DEFENSE FINANCE AND ACCOUNTING SERVICE, U.S. Attorney and U.S. Attorney General (Attachment: #1 Notice and Consent)(zed)
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Wednesday, May 17, 2023
2 2 notice Pro Se Electronic Noticing Form Tue 05/30 1:16 PM
NEW Pro Se Consent To Receive Notices of Electronic Filing by BERNARD GELB (zed)
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1 1 cmp Complaint Tue 05/30 1:15 PM
COMPLAINT against DEFENSE FINANCE AND ACCOUNTING SERVICE ( Filing fee $ 402, receipt number 204738) filed by BERNARD GELB. (zed)
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Att: 1 Summons,
Att: 2 Civil Cover Sheet,
Att: 3 Exhibits
service Summons Not Issued Wed 05/31 1:55 PM
SUMMONS Not Issued as to DEFENSE FINANCE AND ACCOUNTING SERVICE. (zed)
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