Gengler

Gengler v. United States Ex Rel. Department of Defense & Navy

Good Law
463 F. Supp. 2d 1085·2006 WL 3210020·2006 U.S. Dist. LEXIS 95750
United States District Court, Eastern District of CaliforniaNovember 3, 20061:06CV00362 OWWLJOCalifornia10,326 words

Opinion

Opinion

Wanger, J.

MEMORANDUM DECISION AND ORDER DENYING UNITED STATES’ MOTION TO DISMISS (DOC. 78), ADDRESSING VARIOUS PROCEDURAL MOTIONS (DOCS. 53 & 54), AND SETTING FURTHER SCHEDULING CONFERENCE

I. INTRODUCTION

Before the court for decision are numerous motions in this habeas case concerning the military service obligations of Petitioners, Lieutenant Commander Richard T. Gengler and Lieutenant Commander Daniel S. McSeveney. Petitioners filed first amended petitions for habeas corpus on September 15, 2006, alleging (1) that the Navy’s decision to deny their requests for discharge violates the seven-year active duty term of their service agreements; and (2) that the Navy should be equitably estopped from arguing that an eight year statutory active service requirement trumps the written terms of their service agreements. (Docs. 51 & 52.)

The United States moves to dismiss the petitions, arguing, (1) that military officers have no contract rights and cannot unilaterally terminate their terms of active service; and (2) that Petitioners have failed to properly plead equitable estoppel. (Doc. 78.) Petitioners oppose dismissal (Doc. 85), request that the district court enter an order requiring the…

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