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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 115464
Experience:  20+ Years of Employment Law Experience
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How do you file a default judgement against your agency for

Customer Question

Greetings,
How do you file a default judgement against your agency for untimely responding to a Final Agency Decision?
Submitted: 5 months ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 5 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

What type of agency? Please give us some more details about your situation, where was the agency filing a response to the final agency decision, in the court?
Customer: replied 5 months ago.
The agency is The Department of the Navy
I request a Final Agency Decision from the Secretary of the Navy. They are allowed 60 days from date of request. Date of request was September 2, 2016. Therefore, they are in default of untimely filing a decision and kneed to know where or how to file a default judgement against the agency.
Expert:  Law Educator, Esq. replied 5 months ago.
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Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Since the agency did not comply with the request for final agency decision time limits, you need to write to Sec Navy and request the matter be closed in your favor. If the agency/Secretary of the Navy does not close the case in your favor, then your next step is you can file a suit in the US Court of Federal Claims against the agency asking the court to close and dismiss the case against you.


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Customer: replied 5 months ago.
Thank you for your response. The case is a discrimination case that I filed against the agency/ SecNav.
Expert:  Law Educator, Esq. replied 5 months ago.

Okay, thank you for clarification.

In that event, since you have no response within the time provided, you have the next step of filing suit in the US Court of Federal Claims since no final agency decision was rendered and then you take them to court for your discrimination claim, for which I would strongly urge you to use a local discrimination attorney for representation.

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