AF S.E.R.B. Colonels Class Action

FY94 SELECTIVE EARLY RETIREMENT BOARD
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Motion to Certify...

IN THE UNITED STATES COURT OF FEDERAL CLAIMS



RONALD ALVIN, et al.,
    on behalf of themselves and all others similarly situated,
Plaintiffs,

v.

THE UNITED STATES OF AMERICA

Defendant.

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 No. __

MOTION TO CERTIFY A CLASS ON AN OPT-IN BASIS

Plaintiffs move the Court pursuant to RCFC 23, for an order certifying this matter as a class action. As set forth in more detail in Plaintiffs' Memorandum in Support of Plaintiffs' Motion to Certify a Class filed contemporaneously herewith, the requested class certification is consistent with the criteria established by Quinault Allottee Association v. United States, 197 Ct. Cl. 134, 453 F.2d 1272 (Ct. Cl. 1972). Plaintiffs request that the class consist of all Colonels who were serving on active duty in the United States Air Force and who were considered by and selected for involuntary retirement from the United States Air Force by the Fiscal Year 1994 Selective Early Retirement Board ("FY94SERB"). Plaintiffs also request that the Court appoint as class counsel to represent the interests of the class Barry P. Steinberg, Attorney at Law, 1101 Connecticut Avenue, NW, Suite 1000, Washington, DC 20036 and William A. Aileo, Attorney at Law, RR 1, Box 22C, Springville, PA 18844. Finally, plaintiffs further request that the Court certify this class on an opt-in basis and that the members of the class be informed of this action by the dispatch of the letter set forth as an attachment to the proposed order attached to this motion to the most recent address of each member of the class contained within the official military records maintained by the defendant.

December 21, 1999

OF COUNSEL:
WILLIAM A. AILEO:
RR 1, Box 22C:
Springville, PA 18844:
(570) 278-9703

Respectfully submitted,



BARRY P. STEINBERG
1101 Connecticut Avenue, NW
Suite 1000
Washington, DC 20036-4374
(202) 828-2400

Attorney for Plaintiffs





IN THE UNITED STATES COURT OF FEDERAL CLAIMS



RONALD ALVIN, et al.,
    on behalf of themselves and all others similarly situated,
Plaintiffs,

v.

THE UNITED STATES OF AMERICA

Defendant.

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 No. __

ORDER

Having considered plaintiffss Complaint, Motion to Certify a Class on an Opt-In Basis, and the Memorandum in Support thereof it is this _____ day of __________ 20___ ordered that plaintiffss Motion is granted.

The definition of the class shall be: All Colonels who were serving on active duty in the United States Air Force and who were considered by and selected for involuntary retirement from the United States Air Force by the Fiscal Year 1994 Selective Early Retirement Board.

The named plaintiffs are appointed as class representatives. Barry P. Steinberg, Attorney at Law, 1101 Connecticut Avenue, NW Suite 1000, Washington, DC 20036 and William A. Aileo, Attorney at Law, RR 1, Box 22C, Springville, PA 18844 are appointed as class counsel to represent the interests of the class.

Notification of the class shall be accomplished by defendant providing class counsel with the names, last known addresses and homes of record of each member of the class. Class counsel shall notify each member of the class by dispatch of the notification attached to this order to the last known address of each member of the class or such other more current address as class counsel may identify.








Links:

Updates Intro Page Complaint --- Feedback
Instructions Motion to Certify Motion to Stay 6/7/00 Reply 10/17/00 Motion
Def's Uncon. Fact 12/20/00 Reply 1/29/01 Reply Memorandum ---

AF COLS SERB Intro --- Updated: 11/21/03
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