Towery v. Del Toro
| Virginia Eastern District Court | |
| Judge: | Leonie M Brinkema |
| Referred: | William E Fitzpatrick |
| Case #: | 1:24-cv-01584 |
| Nature of Suit | 899 Other Statutes - Administrative Procedure Act/Review or Appeal of Agency Decision |
| Cause | 05:0701 Maritime Subsidy Board |
| Case Filed: | Sep 11, 2024 |
| Terminated: | Sep 27, 2024 |
| Case in other court: | 4CCA, case manager G. Aboutabl,, 24-02093 Maryland, 8:24-cv-00953 |
| Last checked: Monday Mar 10, 2025 4:49 AM EDT |
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Defendant
Carlos Del Toro
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Represented By
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Plaintiff
Glenn R. Towery
1994 Dresden Cove
Round Rock, TX 78665 |
| Docket last updated: 05/09/2025 11:59 PM EDT |
| Monday, March 24, 2025 | ||
| 37 | 37
1
pgs
order
Order on Motion for Extension of Time to File
Mon 03/24 5:03 PM
ORDERED that the motion35 is GRANTED; and it is hereby ORDERED that Defendant's deadline to render a new decision on Plaintiff's application to the Board for Correction of Naval Records is extended until April 28, 2025. Signed by District Judge Leonie M. Brinkema on 3/24/2025. (dvanm) |
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| 36 | 36
appeal
USCA Mandate
Mon 03/24 5:01 PM
USCA Mandate in re29 Notice of Appeal. The judgment of this court, entered January 29, 2025, takes effect today. This constitutes the formal mandate of this court issued pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure. (dvanm) |
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| 35 | 35
motion
Extension of
Mon 03/24 9:09 AM
MOTION for Extension of Time to Render New Decision by Carlos Del Toro.(Baumhart, Peter) |
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Att: 1
Proposed Order
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| Wednesday, January 29, 2025 | ||
| 34 | 34
appeal
USCA Judgment
Wed 01/29 2:00 PM
USCA JUDGMENT as to29 Notice of Appeal filed by Glenn R. Towery. In accordance with the decision of this court, this appeal is dismissed. This judgment shall take effect upon issuance of this court's mandate in accordance with Fed. R. App. P. 41. (dvanm) |
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| 33 | 33
appeal
USCA Opinion
Wed 01/29 1:57 PM
UNPUBLISHED Opinion of USCA re29 Notice of Appeal, decided January 29, 2025, DISMISSED. (dvanm) |
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| Thursday, October 31, 2024 | ||
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appeal
Assembled INITIAL Electronic Record Transmitted to 4CCA
Thu 10/31 3:55 PM
Assembled INITIAL Electronic Record Transmitted to 4CCA re29 Notice of Appeal (dvanm) |
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| Wednesday, October 30, 2024 | ||
| 32 | 32
appeal
Appeal Remark
Wed 10/30 4:38 PM
Letter from 4CCA requesting transmittal of record. (dvanm) |
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| 31 | 31
appeal
USCA Case Number
Wed 10/30 4:37 PM
USCA Case Number 24-2093 4CCA, case manager G. Aboutabl, for29 Notice of Appeal filed by Glenn R. Towery. (dvanm) |
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| Tuesday, October 29, 2024 | ||
| 30 | 30
appeal
Transmission of Notice of Appeal to 4CCA
Tue 10/29 11:25 AM
Transmission of Notice of Appeal to US Court of Appeals re29 Notice of Appeal (All case opening forms, plus the transcript guidelines, may be obtained from the Fourth Circuit's website at www.ca4.uscourts.gov) (dvanm) |
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| Friday, October 25, 2024 | ||
| 29 | 29
appeal
Notice of Appeal
Tue 10/29 11:21 AM
NOTICE OF APPEAL as to27 Order on Motion to Remand to Agency, by Glenn R. Towery. Filing fee $ 605.(dvanm) |
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Att: 1
Exhibit,
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Att: 2
Receipt,
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Att: 3
Envelope
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| Monday, September 30, 2024 | ||
| 28 | 28
respoth
Opposition
Wed 10/02 11:32 AM
Motion and Opposition and Request for a Hearing Due to the Defendant's Untimely Grant of Extension to Preclude Default Judgment Without Required Notice and Opportunity to Respond filed by Glenn R. Towery. (dvanm) |
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| Friday, September 27, 2024 | ||
| 27 | 27
2
pgs
order
Order on Motion to Remand to Agency
Fri 09/27 3:54 PM
ORDERED that this civil action, and plaintiff's underlying application for the correction of his military records, be and are REMANDED to the Board of Correction of Naval Records ("BCNR") for further consideration of plaintiff's claim that the BCNR did not properly account for the Department of Defense's ("DoD") guidance regarding PTSD-related claims for corrections; and it is further ORDERED that upon remand, the BCNR shall consider and apply, as part of its decision making process, the DoD's applicable regulations and guidance regarding applications for corrections concerning PTSD-related claims; and it is further ORDERED that upon remand, the BCNR shall issue a new written decision on plaintiff's application for a correction of his military records within six (6) months of this Order. Signed by District Judge Leonie M. Brinkema on 09/27/2024. (see order for details) (dvanm) |
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| Wednesday, September 25, 2024 | ||
| 26 | 26
1
pgs
order
Order on Motion for Extension of Time to Answer
Thu 09/26 5:00 PM
ORDERED that the motion24 is GRANTED; and it is hereby ORDERED that Defendant's deadline to file an answer to the complaint is extended until September 27, 2024. Signed by Magistrate Judge William E. Fitzpatrick on 09/25/2024. (dvanm) |
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| 25 | 25
misc
Waiver of
Wed 09/25 1:18 PM
Waiver of re24 MOTION for Extension of Time to File Answer Waiver of Hearing by Carlos Del Toro (Baumhart, Peter) |
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| 24 | 24
motion
Extension of Time to File Answer
Wed 09/25 1:16 PM
MOTION for Extension of Time to File Answer by Carlos Del Toro.(Baumhart, Peter) |
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Att: 1
Proposed Order
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| Tuesday, September 24, 2024 | ||
| 23 | 23
misc
Waiver of
Tue 09/24 5:09 PM
Waiver of re22 MOTION to Remand to Board for Correction of Naval Records Waiver of Hearing by Carlos Del Toro (Baumhart, Peter) |
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| 22 | 22
motion
Remand to Agency
Tue 09/24 5:07 PM
MOTION to Remand to Board for Correction of Naval Records by Carlos Del Toro.(Baumhart, Peter) |
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Att: 1
Proposed Order
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| 21 | 21
notice
Notice of Appearance
Tue 09/24 5:04 PM
NOTICE of Appearance by Peter B. Baumhart on behalf of Carlos Del Toro (Baumhart, Peter) |
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| Monday, September 23, 2024 | ||
| 20 | 20
1
pgs
respoth
Memorandum
Mon 09/23 4:55 PM
Memorandum to19 MOTION For Record to Establish Due Process Transparency in Proceedings filed by Glenn R. Towery.(dvanm) |
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Att: 1
Exhibit
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| Friday, September 20, 2024 | ||
| 19 | 19
motion
Miscellaneous Relief (MOTION)
Mon 09/23 4:53 PM
MOTION For Record to Establish Due Process Transparency in Proceedings by Glenn R. Towery.(dvanm) |
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Att: 1
Letter,
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Att: 2
Envelope
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| Wednesday, September 11, 2024 | ||
| 18 | 18
transfer
Case Transferred In - District Transfer
Wed 09/11 8:04 AM
Case transferred in from District of Maryland; Case Number 8:24-cv-00953. Original file and docket sheet received. |
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notice
Notification of Transfer
Wed 09/11 8:19 AM
Notification of transfer of civil case from the District of Maryland Case No. 8:24-cv-00953 to the Eastern District of Virginia. (ldab, ) |
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| Friday, September 06, 2024 | ||
| 17 | 17
ORDER granting16 the parties' Consent Motion to Transfer Case; transferring this matter to the United States District Court for the Eastern District of Virginia. Signed by Judge Theodore D. Chuang on 9/6/2024. (c/m p 9/6/24 ols, Deputy Clerk) [Transferred from Maryland on 9/11/2024.]
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| 16 | 16
Consent MOTION to Transfer Case by Carlos Del Toro(Gayle, Charles) [Transferred from Maryland on 9/11/2024.]
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Att: 1
Text of Proposed Order
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| Thursday, September 05, 2024 | ||
| 15 | 15
ORDER denying13 Plaintiff's Motion for Default Judgment; the parties shall file a Consent Motion to Transfer this case to the United States District Court for the Eastern District of Virginia no later than 9/9/2024. Signed by Judge Theodore D. Chuang on 9/5/2024. (c/m p 9/6/24 ols, Deputy Clerk) [Transferred from Maryland on 9/11/2024.]
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| 14 | 14
Case Management Conference held on 9/5/2024 before Judge Theodore D. Chuang. (Court Reporter: FTR Recording\2B) (ds2s, Deputy Clerk) [Transferred from Maryland on 9/11/2024.]
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| Thursday, August 29, 2024 | ||
| 13 | 13
MOTION for Default Judgment by Glenn R. Towery (ols, Deputy Clerk) [Transferred from Maryland on 9/11/2024.]
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Att: 1
Envelope
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| 12 | 12 PAPERLESS NOTICE. A CASE MANAGEMENT CONFERENCE is scheduled for September 5, 2024 at 10:30 a.m. to discuss11 NOTICE OF INTENT TO FILE A MOTION TO DISMISS. To join the call at the scheduled time: (1) Dial 1-888-557-8511. (2) Enter access code 3008173, followed by the # key. You will then be placed on hold until Chambers dials into the call, at which point you will be prompted to enter a security code. (3) When prompted, enter security code 09051030 followed by the # key. The call will be recorded, so please do not use speakerphones as they compromise sound quality. Also, we ask that parties not remain on the conference line after the Judge has left the call, to ensure that the line is free for other calls that may be on the Judge's calendar. The parties should also be prepared to address whether they consent to have all further proceedings before a Magistrate Judge and whether they wish to participate in a mediation session with a Magistrate Judge, whether before, during, or after discovery. Parties are expected to consult with their clients and confer with each other on these issues in advance of the Case Management Conference and, if possible, present joint views to the Court. (ds2s, Deputy Clerk) Modified on 8/29/2024 (c/m p 8/29/24 ols, Deputy Clerk). [Transferred from Maryland on 9/11/2024.] | |
| Monday, August 26, 2024 | ||
| 11 | 11
NOTICE by Carlos Del Toro of Intent to File a Motion to Dismiss (Gayle, Charles) [Transferred from Maryland on 9/11/2024.]
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| Monday, July 01, 2024 | ||
| 10 | 10
(Corrected) SUMMONS Returned Executed by Glenn R. Towery. Carlos Del Toro served on 6/25/2024, answer due 8/26/2024. (ols, Deputy Clerk) [Transferred from Maryland on 9/11/2024.]
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Att: 1
Cover Letter,
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Att: 2
Envelope
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| Monday, June 17, 2024 | ||
| 9 | 9
SUMMONS Returned Executed by Glenn R. Towery. Carlos Del Toro served on 5/28/2024, answer due 7/29/2024.(mg3s, Deputy Clerk) [Transferred from Maryland on 9/11/2024.]
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Att: 1
Attachment
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| Thursday, May 30, 2024 | ||
| 8 | 8
Summons Reissued as to U.S. Attorney and U.S. Attorney General (c/m p 5/30/24 ols, Deputy Clerk) [Transferred from Maryland on 9/11/2024.]
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| 7 | 7
ORDER directing that the Clerk shall reissue summons and return summons to Towery. Signed by Judge Theodore D. Chuang on 5/30/2024. (c/m p 5/30/24 ols, Deputy Clerk) [Transferred from Maryland on 9/11/2024.]
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| Tuesday, May 28, 2024 | ||
| 6 | 6
Correspondence from Glenn R. Towery re: Request for Court to Re-Issue Summons (ols, Deputy Clerk) [Transferred from Maryland on 9/11/2024.]
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Att: 1
Proposed New Summons,
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Att: 2
Envelope
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| Wednesday, April 24, 2024 | ||
| 5 | 5
Summons Issued 60 days as to Carlos Del Toro, U.S. Attorney and U.S. Attorney General (c/m p 4/24/24 ols, Deputy Clerk) [Transferred from Maryland on 9/11/2024.]
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| 4 | 4
ORDER directing that the Clerk shall issue summons and return summons to Towery; Towery shall serve the Defendant with the appropriate summons and the Complaint by 7/2/2024. Signed by Judge Theodore D. Chuang on 4/24/2024. (c/m p 4/24/2024 ols, Deputy Clerk) [Transferred from Maryland on 9/11/2024.]
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| Wednesday, April 03, 2024 | ||
| 3 | 3
CASE MANAGEMENT ORDER. Signed by Judge Theodore D. Chuang on 4/3/2024. (c/m p 4/3/24 ols, Deputy Clerk) [Transferred from Maryland on 9/11/2024.]
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| 2 | 2
New Case Notification Letter sent to Glenn R. Towery. (c/m p 4/3/24 ols, Deputy Clerk) [Transferred from Maryland on 9/11/2024.]
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| Tuesday, April 02, 2024 | ||
| 1 | 1
COMPLAINT against Carlos Del Toro ( Filing fee $ 405 receipt number 1873.), filed by Glenn R. Towery. (ols, Deputy Clerk) [Transferred from Maryland on 9/11/2024.]
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Att: 1
Civil Cover Sheet,
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Att: 2
Summons,
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Att: 3
Affidavit,
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Att: 4
Memorandum for Record,
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Att: 5
Reference Enclosures,
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Att: 6
Memorandum of Federal Statutes,
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Att: 7
Exhibit 1,
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Att: 8
Exhibit 2,
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Att: 9
Exhibit 3,
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Att: 10
Exhibit 4,
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Att: 11
Exhibit 5,
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Att: 12
Exhibit 6,
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Att: 13
Exhibit 7,
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Att: 14
Exhibit 8,
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Att: 15
Exhibit 9,
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Att: 16
Exhibit 10,
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Att: 17
Exhibit 11,
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Att: 18
Exhibit 12
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