United States Court of Federal Claims, Case No. 1:08-cv-00473-MCW:
ASHBRITT, INC. v. USA
Judge Mary Ellen Coster Williams, presiding

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ASHBRITT, INC., Plaintiff

David Jerome Taylor
SPRIGGS & HOLLINGSWORTH
Phone: +1 202 898 5838
Fax: +1 202 682 1639
E-Mail: davidtaylor@spriggs.com

USA, Defendant

David Alan Levitt
United States Department of Justice
Phone: +1 202 307 0309
E-Mail: david.levitt@usdoj.gov

No Logo CERES ENVIRONMENTAL SERVICES, INC., Intervenor Defendant

Karl Frederick Dix
Smith, Currie & Hancock
Phone: +1 404 521 3800
Fax: +1 404 688 0671
E-Mail: kfdix@smithcurrie.com

No Logo ENVIRONMENTAL CHEMICAL CORPORATION, Intervenor Defendant

Richard B. Oliver
McKenna Long & Aldridge LLP
Phone: +1 213 243 6169
Fax: +1 213 243 6330
E-Mail: roliver@mckennalong.com

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Office COFC
Filed 6/30/2008
Jury Demand None
Demand $2500000000
Nature of Suit 140 - Negotiable Instrument
Cause Section 28 U.S.C. § 1491 Tucker Act
Jurisdiction U.S. Government Defendant
Disposition
County None
Terminated
Origin 1
Reopened None
Lead Case None
Related Case
Other Court Case None
Def Custody Status
Flags ECF, PROTO
PACER 1 Filed: 6/30/2008, Entered: 6/30/2008
**SEALED**COMPLAINT against USA (ARM) (Filing fee $250, Receipt #068311) (Five copies to Department of Justice), filed by ASHBRITT, INC..Answer due by 8/29/2008. (Attachments: # (1) Civil Cover Sheet)(vro)
PDF 2 Filed: 6/30/2008, Entered: 6/30/2008
REDACTED COMPLAINT, filed by ASHBRITT, INC.. Service: 6/30/2008.(vro)
PDF 3 Filed: 6/30/2008, Entered: 6/30/2008
MOTION for Permanent Injunction, filed by ASHBRITT, INC.. Service: 6/30/2008.Response due by 7/17/2008.(vro)
PDF 4 Filed: 6/30/2008, Entered: 6/30/2008, Terminated: 7/1/2008 Motion for Leave to File
MOTION for Leave to File under seal and for a protective order, filed by ASHBRITT, INC.. Service: 6/30/2008.Response due by 7/17/2008.(vro)
PDF 5 Filed: 6/30/2008, Entered: 6/30/2008 Court Filing
NOTICE of Assignment to Judge Mary Ellen Coster Williams (vro)
PDF 6 Filed: 6/30/2008, Entered: 6/30/2008
NOTICE of Designation of Electronic Case. (vro)
PDF 7 Filed: 7/1/2008, Entered: 7/1/2008 Court Filing
PROTECTIVE ORDER. Signed by Judge Mary Ellen Coster Williams. (tb1)
PDF 8 Filed: 7/1/2008, Entered: 7/1/2008 Court Filing
SCHEDULING ORDER: GRANTING the oral motions of Ceres Environmental Services, Inc. and Environmental Chemical Corporation to intervene. Administrative Record due by 7/18/2008. Plaintif'f's Motion to supplement the administrative record due by 7/24/2008. Response due by 7/31/2008. Status Conference set for 8/4/2008 11:00 AM in Chambers (Telephonic) before Judge Mary Ellen Coster Williams. Plaintiff's Motion for Judgment Upon the Administrative Record due by 8/25/2008. Defendant's and Intervenors' Cross-motions for Judgment Upon the Administrative Record and Opposition To Plaintiff's motion due by 9/26/08. Plaintiff's Opposition to Defendant's and Intervenors' Cross-motions and reply due 10/10/2008. Defendant's and Intervenor's Replies due 10/24/08. Oral Argument set for 10/31/2008 02:00 PM in Courtroom before Judge Mary Ellen Coster Williams. Signed by Judge Mary Ellen Coster Williams. (pr1) Modified on 7/6/2008 to edit docket text. (dls).
PDF 9 Filed: 7/2/2008, Entered: 7/2/2008
NOTICE of Appearance by David Alan Levitt for USA. (Levitt, David)
PDF 10 Filed: 7/2/2008, Entered: 7/2/2008, Terminated: 7/2/2008 Motion to Intervene
MOTION to Intervene and Notice of Appearance, filed by CERES ENVIRONMENTAL SERVICES, INC..Response due by 7/21/2008.(Dix, Karl)
PDF 11 Filed: 7/7/2008, Entered: 7/7/2008
APPLICATION for Access to Protected Material by David J. Taylor; William J. Spriggs; Stephen A. Klein; Katherine A. Allen; Rachel W. McGuane; Amanda L. Edwards, filed by ASHBRITT, INC.. (Taylor, David)
PDF 12 Filed: 7/8/2008, Entered: 7/8/2008
NOTICE of Appearance by Karl Frederick Dix for CERES ENVIRONMENTAL SERVICES, INC. on behalf of John S. Tobey. (Dix, Karl) Docket entry modified on 7/10/2008 to reflect that this notice of appearance is not required. Mr. Tobey, Esquire is of counsel and this court only recognizes one attorney as the attorney of record. The docket does not list of counsel attorneys. (hw1, ).
PDF 13 Filed: 7/8/2008, Entered: 7/8/2008
APPLICATION for Access to Protected Material by Karl Frederick Dix, Steven L. Reed and John S. Tobey, filed by CERES ENVIRONMENTAL SERVICES, INC.. (Dix, Karl)
PDF 14 Filed: 7/10/2008, Entered: 7/10/2008
NOTICE of Appearance by Richard B. Oliver for ENVIRONMENTAL CHEMICAL CORPORATION. (Oliver, Richard)
PDF 15 Filed: 7/10/2008, Entered: 7/10/2008
Rule 7.1 Disclosure Statement, filed by ENVIRONMENTAL CHEMICAL CORPORATION. (Oliver, Richard)
PDF 16 Filed: 7/10/2008, Entered: 7/10/2008
APPLICATION for Access to Protected Material by Richard B. Oliver, Alison L. Doyle, filed by ENVIRONMENTAL CHEMICAL CORPORATION. (Oliver, Richard)
PACER 17 Filed: 7/18/2008, Entered: 7/18/2008
**SEALED**ADMINISTRATIVE RECORD, filed by USA. (Attachments: # (1) Affidavit ceritification of record, # (2) Appendix index to record, # (3) Exhibit, # (4) Exhibit, # (5) Exhibit, # (6) Exhibit, # (7) Exhibit, # (8) Exhibit, # (9) Exhibit, # (10) Exhibit)(Levitt, David)
PACER 18 Filed: 7/18/2008, Entered: 7/18/2008
**SEALED**ADMINISTRATIVE RECORD, filed by USA. (Attachments: # (1) Exhibit, # (2) Exhibit, # (3) Errata, # (4) Exhibit, # (5) Exhibit, # (6) Exhibit, # (7) Exhibit, # (8) Exhibit, # (9) Exhibit, # (10) Exhibit)(Levitt, David)
PACER 19 Filed: 7/18/2008, Entered: 7/18/2008
**SEALED**ADMINISTRATIVE RECORD, filed by USA. (Attachments: # (1) Exhibit, # (2) Exhibit, # (3) Exhibit, # (4) Exhibit, # (5) Exhibit, # (6) Exhibit, # (7) Exhibit, # (8) Exhibit, # (9) Exhibit, # (10) Exhibit, # (11) Exhibit, # (12) Exhibit, # (13) Exhibit)(Levitt, David)
PACER 20 Filed: 7/18/2008, Entered: 7/18/2008
**SEALED**ADMINISTRATIVE RECORD, filed by USA. (Attachments: # (1) Exhibit, # (2) Exhibit, # (3) Exhibit, # (4) Exhibit, # (5) Exhibit, # (6) Exhibit, # (7) Exhibit, # (8) Exhibit, # (9) Exhibit, # (10) Exhibit)(Levitt, David)
PACER 21 Filed: 7/18/2008, Entered: 7/18/2008
**SEALED**ADMINISTRATIVE RECORD, filed by USA. (Attachments: # (1) Exhibit, # (2) Exhibit, # (3) Exhibit, # (4) Exhibit, # (5) Exhibit, # (6) Exhibit, # (7) Exhibit, # (8) Exhibit, # (9) Exhibit, # (10) Exhibit, # (11) Exhibit)(Levitt, David)
PACER 22 Filed: 7/18/2008, Entered: 7/18/2008
**SEALED**ADMINISTRATIVE RECORD, filed by USA. (Attachments: # (1) Exhibit, # (2) Exhibit, # (3) Exhibit, # (4) Exhibit, # (5) Exhibit, # (6) Exhibit, # (7) Exhibit, # (8) Exhibit, # (9) Exhibit, # (10) Exhibit, # (11) Exhibit, # (12) Exhibit, # (13) Exhibit, # (14) Exhibit)(Levitt, David)
PACER 23 Filed: 7/18/2008, Entered: 7/18/2008
**SEALED**ADMINISTRATIVE RECORD, filed by USA. (Attachments: # (1) Exhibit, # (2) Exhibit, # (3) Exhibit, # (4) Exhibit, # (5) Exhibit, # (6) Exhibit, # (7) Exhibit, # (8) Exhibit, # (9) Exhibit)(Levitt, David)
PDF 24 Filed: 7/24/2008, Entered: 7/24/2008, Terminated: 8/5/2008 Motion to Supplement the Administrative Record
MOTION to Supplement the Administrative Record, filed by ASHBRITT, INC..Response due by 8/11/2008.(Taylor, David)
PDF 25 Filed: 7/31/2008, Entered: 7/31/2008
RESPONSE to [24] Motion to Supplement the Administrative Record, filed by USA. (Levitt, David)
PDF 26 Filed: 7/31/2008, Entered: 7/31/2008
RESPONSE to [24] MOTION to Supplement the Administrative Record, filed by CERES ENVIRONMENTAL SERVICES, INC..Reply due by 8/14/2008. (Dix, Karl)
PDF 27 Filed: 8/4/2008, Entered: 8/4/2008
REPLY to Response to Motion re [24] MOTION to Supplement the Administrative Record, filed by ASHBRITT, INC.. (Taylor, David)
 -- Filed: 8/5/2008, Entered: 8/5/2008
Minute Entry for proceeding held in Washington, DC on 8/4/2008 before Judge Mary Ellen Coster Williams: A status conference held on 8/4/2008, in which the Court granted Plaintiff's motion to supplement the Administratiave Record in toto and directed Defendant to supplement the AR by 8/8/2008. Official Record of proceeding taken via electronic digital recording (EDR). (Click HERE for link to Court of Federal Claims web site forms page for information on ordering: certified transcript from reporter or certified transcript of proceeding from official digital recording.)(tb1)
 -- Filed: 8/5/2008, Entered: 8/5/2008
ORDER granting [24] Motion to Supplement the Administrative Record, in toto, 8/04/2008. Signed by Judge Mary Ellen Coster Williams. (tb1)
PACER 28 Filed: 8/8/2008, Entered: 8/8/2008
**SEALED**SUPPLEMENT to the ADMINISTRATIVE RECORD, filed by USA. (Attachments: # (1) Affidavit, # (2) Appendix, # (3) Appendix, # (4) Appendix, # (5) Appendix, # (6) Appendix, # (7) Appendix, # (8) Appendix, # (9) Appendix, # (10) Appendix)(Levitt, David)
PACER 29 Filed: 8/8/2008, Entered: 8/8/2008
**SEALED**SUPPLEMENT to the ADMINISTRATIVE RECORD, filed by USA. (Attachments: # (1) Appendix, # (2) Appendix, # (3) Appendix, # (4) Appendix, # (5) Appendix, # (6) Appendix, # (7) Appendix, # (8) Appendix, # (9) Appendix, # (10) Appendix, # (11) Appendix, # (12) Appendix, # (13) Appendix, # (14) Appendix)(Levitt, David)
PDF 30 Filed: 8/18/2008, Entered: 8/18/2008, Terminated: 8/20/2008 Motion for Extension of Time
Consent MOTION for Extension of Time until 09/08/08 to Motion for Judgment Upon the Administrative Record, filed by ASHBRITT, INC..Response due by 9/4/2008.(Taylor, David)
PDF 31 Filed: 8/20/2008, Entered: 8/20/2008 Court Filing
ORDER granting [30] Motion for Extension of Time Plaintiff's motion for judgment upon the administrative record due by 9/8/2008. Defendant and Intervenors' cross-motions due 10/10/2008. Plaintiff's reply to Defendant and Intervenors' opposition due 10/24/2008. Defendant and Intervenors' reply due 11/7/2008. Oral Argument to be held November 20, 2008 at 11:00 a.m. ET in National Courts Building, Washington, DC. Signed by Judge Mary Ellen Coster Williams. (tb1)
PDF 32 Filed: 9/5/2008, Entered: 9/5/2008, Terminated: 9/5/2008 Motion for Leave to Exceed Page Limit
MOTION for Leave to Exceed Page Limit of Memorandum in Support of Motion for Judgment on the Administrative Record by approximately 30 pages, filed by ASHBRITT, INC..Response due by 9/22/2008.(Taylor, David)
PDF 33 Filed: 9/5/2008, Entered: 9/5/2008 Court Filing
ORDER granting [32] Motion for Leave to File Excess Pages Signed by Judge Mary Ellen Coster Williams. (MS1)
PDF 34 Filed: 9/5/2008, Entered: 9/5/2008
Intervenor Ceres ANSWER to [1] Complaint, of AshBritt, filed by CERES ENVIRONMENTAL SERVICES, INC..JPSR due by 10/27/2008.(Dix, Karl)
PDF 35 Filed: 9/5/2008, Entered: 9/5/2008
MOTION to Dismiss pursuant to Rule 12(b)(1) for Lack of Jurisdiction, MOTION to Dismiss pursuant to Rule 12(b)(6) for Failure to State a Claim, filed by CERES ENVIRONMENTAL SERVICES, INC..Response due by 10/6/2008.(Dix, Karl)
PDF 36 Filed: 9/5/2008, Entered: 9/5/2008
MEMORANDUM re: [35] Motion to Dismiss - Rule 12(b)(1), Motion to Dismiss - Rule 12(b)(6), Motion to Dismiss - Rule 12(b)(1), Motion to Dismiss - Rule 12(b)(6), filed by CERES ENVIRONMENTAL SERVICES, INC.. (Dix, Karl)
PACER 37 Filed: 9/8/2008, Entered: 9/8/2008
**SEALED** MOTION for Judgment on the Administrative Record, filed by ASHBRITT, INC..Response due by 10/9/2008. (Attachments: # (1) Memorandum in Support of Plaintiffs Motion for Judgment on the Administrative Record, for Declaratory and Injunctive Relief, and for Summary Judgment, # (2) Exhibit Exhibits to AshBritts Motion for Judgment on the Administrative Record, for Declaratory and Injunctive Relief, and for Summary Judgment, # (3) AshBritts Proposed Findings of Uncontroverted Fact and Attachments)(Taylor, David)
PDF 38 Filed: 9/17/2008, Entered: 9/17/2008
REDACTED DOCUMENT, filed by ASHBRITT, INC. redacting [37] MOTION for Judgment on the Administrative Record. (Attachments: # (1) Redacted Version: Memorandum in Support of Plaintiffs Motion for Judgment on the Administrative Record, for Declaratory and Injunctive Relief, and for Summary Judgment, # (2) Redacted Version: AshBritts Proposed Findings of Uncontroverted Fact and Attachments, # (3) Redacted Version: Exhibits to AshBritts Motion for Judgment on the Administrative Record, for Declaratory and Injunctive Relief, and for Summary Judgment)(Taylor, David)

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