UNREPORTED MEMORANDUM OPINION AND ORDER granting-in-part and denying-in-part Defendant's Motion to Remand; denying [2] Plaintiff's First Motion for Preliminary Injunction; denying [11] Plaintiff's Second Motion for Preliminary Injunction; denying [12] Plaintiff's Motion for Summary Judgment; denying as moot [14] Defendant's Motion Establish a Schedule; denying as moot [21] Plaintiff's Motion for Rule 26 Disclosures. This case is
REMANDED to the Army Board for Correction of Military Records (ABCMR). This case is
STAYED until 8/22/2023.
The remand period shall terminate on 8/22/2023. Plaintiff may file any new or supplemental arguments or evidence with the ABCMR by 6/23/2023. Defendant shall file a status report every 60 days from the date of this order. Defendants first status report is due by 6/23/2023. 52.2 Notices due within 45 days of the ABCMR's decision. The Clerk is directed to serve a certified copy of this Memorandum Opinion and Order on the ABCMR. Signed by Judge Thompson M. Dietz. (brs) Service on parties made.
Plaintiff served via first class mail on 4/26/2023 Modified on 4/26/2023
Keywords: re: RCFC 52.2; Motion for Remand; Motion for Preliminary Injunction; Motion for Summary Judgment; Motion for RCFC 26 Disclosures; Disability Retirement; Substantial and Legitimate; Prejudice; Army Board for Correction of Military Records.