Free Status Report - District Court of Delaware - Delaware

Case 1:04—cv—00814-G|V|S—IV|PT Document 31 Filed 12/15/2006 Page 1 of 3
H\I THE UNITED STATES DISTRICT COURT
_ FOR THE DISTRICT OF DELAWARE
_ GERALD A. LECHLITER, )
Plaintiff g
v. j Civil Action N0. 04-814-KAJ
DEPARTMENT OF THE ARMY, and j
THE SECRETARY OF THE ARMY, )
Honorable Francis J. Harvey )
U Defendants. g
- STATUS REPORT P
I Pursuant to the Court’s Order of December 12, 2006 (D.I. 29), the government, by and
I through undersigned counsel, and Plaintiff, pro se, hereby provide this status report:
I · 1. The parties intend to move jointly to dismiss this action promptly after the
government has performed its obligations pursuant to a settlement agreement executed by the parties
in connection with a related matter on or about November 22, 2006. (The related case is pending
in the United States Court of Federal Claims and is captioned Lechliter v. United States, No. O4-
1729C (Judge Firestone)). Paragraph 6 ofthe settlement agreement provides: "Upon satisfaction of
the tenns set forth in paragraph 4, Mr. Lechliter agrees to join with the United States in stipulating
to the dismissal of the Court of Federal Claims lawsuit and the district court suit [defined in
paragraph 3 of the settlement agreement as the instant matter] with prejudice." The goverr1rnent’s
obligations Lmder paragraph 4 are to (a) covert Plaintiffs longevity retirement to a disability
retirement at a percentage of 70%, retroactive to January 1, 2003, and- (b) pay Plaintiff back pay in
the amount of $30,000.00. - _ · . I

Case 1 :04-cv-00814-GIVIS-IVIPT Document 31 Filed 12/15/2006 Page 2 of 3
2. The parties respectfully request that the Court retain the stay entered on April 3, 2006
i (D.I. 28).
_ 3. Plaintiff who is proceeding pro se, has authorized undersigned counsel to submit this
Status Report jointly on behalf of the parties.
Respectfully submitted,
COLM F. CONNOLLY
_ United States Attorney
BY: OK A {
LEONARD P. STARK
. Assistant United States Attorney
Delaware Bar I.D. No. 3584
OF COUNSEL: Nemours Building
MAJOR REBECCA AUSPRUNG 1007 N. Orange St., Ste. 700
United States Army Litigation Division P.O. Box 2046
901 N. Stuart Street, Suite 400 Wilmington, Delaware 19899-2046
Arlington, VA 22203 (302) 573-6277
Attorneys for the Defendant
Dated: December 15, 2006

Case 1 :04—cv—0081-4-G|V|S—IV| PT Document 31 Filed 12/15/2006 Page 3 of 3
CERTIFICATE OF SERVICE
I I, Theresa A. Jordan, an employee with the United States Atto1·ney’s Office, hereby certify
that on December 15, 2006, I electronically filed the foregoing:
a STATUS REPORT
with the Clerk of the Court using the CM/ECF and served plaintiff via First Class Mail as follows:
U Mr. Gerald A. Lechliter, pro se
l 44 Harborview Road
Lewes, DE 19958

Case 1:04-cv-00814-GMS-MPT

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