SRP Agricultural v. Peabody Western Coal

Federal Civil Lawsuit Arizona District Court, Case No. 2:01-cv-00408-JAT
District Judge James A Teilborg, presiding
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District Judge James A Teilborg
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Summary

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Parties
No Logo Salt River Project Agricultural Improvement And Power District, Plaintiff

Represented by Salmon Lewis & Weldon PLC

Name Phone Fax E-Mail
Space M Byron Lewis +1 602 801 9060 +1 602 801 9070 mbl@slwplc.com
Space Mark A McGinnis +1 602 801 9066 +1 602 801 9070 mam@slwplc.com
Space John B Weldon +1 602 801 9063 +1 602 801 9070 jbw@slwplc.com
v.
No Logo Peabody Western Coal Company, Defendant

Represented by Cavanagh Law Firm PA

Name Phone Fax E-Mail
Space Jeffrey B Smith +1 602 322 4000 +1 602 322 4101 jsmith@cavanaghlaw.com

Represented by Thompson Coburn LLP

Name Phone Fax E-Mail
Space Christopher M. Hohn +1 314 552 6159 +1 314 552 7159 chohn@thompsoncoburn.com
Space W. Stanley Walch +1 314 552 6000 +1 314 552 7116 swalch@thompsoncoburn.com
Space Roman P. Wuller +1 314 552 6000 +1 314 552 7121 rwuller@thompsoncoburn.com
Attributes
Office Phoenix Division
Filed 3/5/2001
Jury Demand None
Demand $0
Nature of Suit 190 - Contract: Other Contract Actions
Cause Section 28 U.S.C. § 1332 Diversity-Declaratory Judgement
Jurisdiction Diversity
Disposition Judgment - Motion Before Trial
County Maricopa
Terminated 11/16/2001
Origin 2
Reopened None
Lead Case None
Related Case
Other Court Case CV2001-002457[Sup Ct Maricopa]
Def Custody Status
Flags STD, TERMED
Timeline
  Entries (48) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Blank 44 Filed: 12/19/2002, Entered: 12/19/2002 Judgment*Court Filing
JUDGMENT by Judge James A. Teilborg : granting stipulation for entry of final judgment confirming arbitration award by pla SRP Agricultural and dft Peabody Western Coal - The Arbitration Award in the matter of Peabody Western Coal Company v Salt River Project Agricultural Improvement and Power district, American Arbitration Association Case No. 76 198 00303 00 TMS, a true and correct copy of which is attached hereto as Exhibit A, is hereby confirmed in all respects (cc: all counsel,ord bk) (CMM)
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Blank 43 Filed: 12/16/2002, Entered: 12/16/2002, Terminated: 12/19/2002 Stipulation
STIPULATION for entry of final judgment confirming arbitration award by pla SRP Agricultural and dft Peabody Western Coal (former emp)
LREF
Blank 42 Filed: 11/12/2002, Entered: 11/12/2002 Mandate of 9th Circuit
CERTIFIED COPY of 9th Circuit Mandate; appellant's motion for voluntary dismissal of the appeal granted; appeal dismissed, re: 01-17446 [38-1], [36-1] (cc: all counsel/judge) (REW)
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Blank 41 Filed: 1/3/2002, Entered: 1/3/2002 Transcript Order Form - Appeal
Transcript Designation and Ordering Form by dft Peabody Western Coal re AMENDED NOTICE OF APPEAL [38-1], NOTICE OF APPEAL [36-1]; no transcripts requested (REW)
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Blank 40 Filed: 1/3/2002, Entered: 1/3/2002 Order of 9th Circuit
Copy of 9th Circuit Order; briefing schedule set, re: 01-17446 AMENDED NOTICE OF APPEAL [38-1], NOTICE OF APPEAL [36-1] (cc: judge) (REW)
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Blank -- Filed: 1/3/2002, Entered: 1/3/2002 Certificate of Record
Certificate of Record Transmitted to 9th Circuit AMENDED NOTICE OF APPEAL [38-1], NOTICE OF APPEAL [36-1] (REW)
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Blank -- Filed: 1/3/2002, Entered: 1/3/2002 USCA Case Number
Notification by 9th Circuit of Appellate Docket Number 01-17446 (per Ninth Circuit order) re AMENDED NOTICE OF APPEAL [38-1], NOTICE OF APPEAL [36-1] (REW)
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Blank -- Filed: 12/5/2001, Entered: 12/5/2001 Appeal Remark
Civil Appeals Docketing Statement forwarded to 9th Circuit re AMENDED NOTICE OF APPEAL [38-1], NOTICE OF APPEAL [36-1]; (CADS received with each appeal) (REW)
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Blank 39 Filed: 11/29/2001, Entered: 12/5/2001 Statement
REPRESENTATION STATEMENT by dft Peabody Western Coal re AMENDED NOTICE OF APPEAL [38-1], NOTICE OF APPEAL [36-1] (REW)
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Blank 38 Filed: 11/29/2001, Entered: 12/5/2001 Notice of Appeal
AMENDED NOTICE OF APPEAL by dft Peabody Western Coal from District Court judgment [35-2], order filed [32-1], NOTICE OF APPEAL [36-1] (cc: 9CCA/All Counsel/judge) (REW)
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Blank 37 Filed: 11/16/2001, Entered: 12/5/2001 Statement
RPRESENTATION STATEMENT by dft Peabody Western Coal re NOTICE OF APPEAL [36-1] (REW)
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Blank 36 Filed: 11/16/2001, Entered: 12/5/2001 Notice of Appeal
NOTICE OF APPEAL by dft Peabody Western Coal from District Court judgment [35-2], order filed [32-1] (cc: 9CCA/All Counsel/judge) (appeal received 10/9/01, prior to entry of judgment) (REW)
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Blank 35 Filed: 11/16/2001, Entered: 11/16/2001 Judgment*Court Filing
JUDGMENT entered by Judge James A. Teilborg : That as to Count 1, pla's issue 1 will be submitted to arbitration with the precise wording to be determined by parties. Pla's motion to compel arbitration is granted as to pla's isues 2,4. With respect to pla's issues 3 and 4, the arbitrators are directed to decide issue 4 first. If pla's issue 4 is decided in the affirmative, then pla's motion to compel arbitration as to issue 3 is granted; if pla's issue 4 is decided in the negative,then pla's issue 3 is moot. counts 2,3,4 are dismissed without prejudice as moot, Pla's request for costs and attorneys' fees is denied. terminating case (cc: all counsel by mail) (DMT)
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Blank -- Filed: 11/16/2001, Entered: 12/5/2001 USCA Appeal Fees
Received $105.00 appeal fee re NOTICE OF APPEAL [36-1] (fee actually paid on 1/10/01) (REW)
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Blank 34 Filed: 10/11/2001, Entered: 10/16/2001 TranscriptCourt Filing
TRANSCRIPT of motion hrg before Judge James A Teilborg by Court Reporter: David German for the following date(s): 10/1/01 (DMT)
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Blank 33 Filed: 10/4/2001, Entered: 10/5/2001 Transcript Order Form - AppealCourt Filing
Transcript Designation and Ordering Form by dft re 10/1/01 hrg on motion to compel arbitration oral argument before Judge Teilborg (DMT)
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Blank 32 Filed: 10/4/2001, Entered: 10/4/2001 OrderCourt Filing
ORDER by Judge James A. Teilborg granting motion to compel arbitration by pla [13-1] as to issues 2 and 4. Issues 2 and 4 should therefore be submitted to arbitration. Pla's motion to comepl arbitration as to issue 3 is conditionally granted in accordance with the limitation described in this order. Pla's request for costs and attorney's fees under A.R.S. 12-341 and 12-341.01 is denied (cc: all counsel) (DMT)
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Blank 31 Filed: 10/1/2001, Entered: 10/1/2001 Minutes-MiscellaneousCourt Filing
MINUTE ENTRY before Judge James A. Teilborg . Crt Rptr: David German. Appearances: Mark B. McGinnis and M. Byron Lewis for pla. W. Stanley Walch and Jeffrey B. Smith for dft. Oral argument. ORDERED taking under advisement on 10/1/01 the motion to compel arbitration by pla [13-1]. The Court will rule on the motion within one (1) week. [cc: JAT] [31-1] (TLB)
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Blank 30 Filed: 8/31/2001, Entered: 8/31/2001 Minute Order - Miscellaneous
MINUTE ORDER IT IS ORDERED resetting oral argument on motion to compel arbitration by pla [13-1] from 11/19/01 to 10/1/01 at 11:00 a.m. (cc: all counsel) [30-1] (TLB)
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Blank 29 Filed: 6/26/2001, Entered: 6/29/2001 Notice of Change of Address
NOTICE by pla of change of address for their counsel to Salmon Lewis and Weldon 2850 E Camelback Rd Suite 100 Phoenix, AZ 85016 602-801-9060 (DMT) Modified on 06/29/2001
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Blank 28 Filed: 6/18/2001, Entered: 6/18/2001 Minutes-MiscellaneousCourt Filing
MINUTE ENTRY before Judge James A. Teilborg . Crt Rptr: David German. Appearances: Byron M. Lewis for pla. Jeffrey B. Smith for dft. Christopher M. Hohn and Stanley W. Walch telephonically for dft. Sched. Conf. held. Scheduling issues discussed. IT IS ORDERED vacating R16 Sched. Conf, to be reset after the Court rules on pla's motion to compel arbitration [13-1] Pla's oral request to waive oral argument on mtn to compel to taken under advisement. The parties may conduct whatever discovery they feel is necessary pending the Court's ruling. [cc: JAT] [28-2] (TLB)
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Blank 27 Filed: 6/8/2001, Entered: 6/13/2001 Report re: Rule 26(f) Planning Meeting
PROPOSED DISC SCHEDULED AND CASE MGT PLAN/REPORT: (DMT)
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Blank 26 Filed: 5/24/2001, Entered: 5/24/2001 Minute Order - Miscellaneous
MINUTE ORDER IT IS ORDERED setting oral argument on motion to compel arbitration by pla [13-1] filed 4/16/01 for 1:00 p.m., 11/19/01. (cc: all counsel) [26-1] (TLB)
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Blank 25 Filed: 5/21/2001, Entered: 5/22/2001 Reply to Response to Motion
REPLY by pla SRP Agricultural in support of motion to compel arbitration by pla [13-1] (former emp)
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Blank 24 Filed: 5/14/2001, Entered: 5/15/2001 Other Notice
NOTICE by dft of filing exhibits [23-1] in support of response to pla's motion to compel arbitration (DMT)
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Blank 23 Filed: 5/14/2001, Entered: 5/15/2001 Exhibit
EXHIBITS by dft to their response (Re: [22-1] to pla's motion to compel arbitration (DMT)
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Blank 22 Filed: 5/11/2001, Entered: 5/14/2001 Response to Motion
RESPONSE by dft to motion to compel arbitration by pla [13-1] (DMT)
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Blank 21 Filed: 5/10/2001, Entered: 5/10/2001 OrderCourt Filing
ORDER by Judge James A. Teilborg granting motion to extend time to 5/11/01 for dft to respond to motion to compel by pla, dft [20-1] (cc: all counsel) (DMT)
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Blank 20 Filed: 5/7/2001, Entered: 5/9/2001, Terminated: 5/10/2001 Motion for Extension of Time
MOTION (stipulation) to extend time to 5/11/01 for dft to respond to motion to comple by pla, dft [20-1] (DMT)
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Blank 19 Filed: 4/23/2001, Entered: 4/23/2001 OrderCourt Filing
ORDER by Judge James A. Teilborg granting motion for pro hac vice by dft Peabody Western Coal [15-1] (Roman P Wuller, ) (cc: all counsel) (former emp)
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Blank 18 Filed: 4/23/2001, Entered: 4/23/2001 OrderCourt Filing
ORDER by Judge James A. Teilborg granting motion for pro hac vice by dft Peabody Western Coal [16-1] (W Stanley Walch) (cc: all counsel) (former emp)
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Blank 17 Filed: 4/23/2001, Entered: 4/23/2001 OrderCourt Filing
ORDER by Judge James A. Teilborg granting motion for pro hac vice by dft Peabody Western Coal [14-1] (Christopher M Hohn) (cc: all counsel) (former emp)
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Blank 16 Filed: 4/19/2001, Entered: 4/23/2001, Terminated: 4/23/2001 Motion for Admission Pro Hac Vice
MOTION for pro hac vice by dft Peabody Western Coal [16-1] (W Stanley Walch, Thompson Coburn) (attorney already added to case) (LAD)
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Blank 15 Filed: 4/19/2001, Entered: 4/23/2001, Terminated: 4/23/2001 Motion for Admission Pro Hac Vice
MOTION for pro hac vice by dft Peabody Western Coal [15-1] (Roman P Wuller, Thompson Coburn) (attorney already added to case) (LAD)
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Blank 14 Filed: 4/19/2001, Entered: 4/23/2001, Terminated: 4/23/2001 Motion for Admission Pro Hac Vice
MOTION for pro hac vice by dft Peabody Western Coal [14-1] (Christopher M Hohn, Thompson Coburn) (attorney added to case) (LAD)
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Blank 13 Filed: 4/16/2001, Entered: 4/18/2001, Terminated: 10/4/2001 Motion to Compel
MOTION to compel arbitration by pla [13-1] (DMT)
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Blank 12 Filed: 4/12/2001, Entered: 4/12/2001 OrderCourt Filing
ORDER by Judge James A. Teilborg ; prel scheduling conf set for 10:00 6/18/01 (cc: all counsel) (DMT)
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Blank 11 Filed: 4/2/2001, Entered: 4/5/2001 Answer
ANSWER by dft (DMT)
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Blank 10 Filed: 3/29/2001, Entered: 3/29/2001 OrderCourt Filing
ORDER by Judge James A. Teilborg designating action a standard track case (cc: all counsel) re: order [10-1] (DMT)
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Blank 9 Filed: 3/16/2001, Entered: 3/16/2001 OrderCourt Filing
ORDER by Judge James A. Teilborg granting motion for extension of time until 4/2/01 to respond to the complaint by dft Peabody Western Coal [2-1] (cc: all counsel) (DMT)
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Blank 8 Filed: 3/16/2001, Entered: 3/16/2001 OrderCourt Filing
ORDER by Judge James A. Teilborg granting motion for expedited consideration of motion for extension of time until 4/2/01 to respond to the complaint by dft Peabody Western Coal [2-1] by pla SRP Agricultural [3-1] (cc: all counsel) (DMT)
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Blank 7 Filed: 3/13/2001, Entered: 3/14/2001 Reply to Response to Motion
REPLY by dft to response to motion for extension of time until 4/2/01 to respond to the complaint by dft Peabody Western Coal [2-1] (DMT)
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Blank 6 Filed: 3/13/2001, Entered: 3/13/2001 OrderCourt Filing
ORDER by Judge Roslyn O. Silver recusing herself and reassigned by random lot Case reassigned to Judge James A. Teilborg (with notice sent) (cc: all counsel, JAT) (DMT)
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Blank 5 Filed: 3/12/2001, Entered: 3/13/2001 Other Notice
NOTICE by pla of filing certificate of service of process which was omitted as exhibit A to pla's response to motion for extension of time to respond to complaint. (DMT)
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Blank 4 Filed: 3/9/2001, Entered: 3/12/2001 Response to Motion
RESPONSE by pla SRP Agricultural in opposition to motion for extension of time until 4/2/01 to respond to the complaint by dft Peabody Western Coal [2-1] (LAD)
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Blank 3 Filed: 3/9/2001, Entered: 3/12/2001 Motion to Expedite
MOTION for expedited consideration of motion for extension of time until 4/2/01 to respond to the complaint by dft Peabody Western Coal [2-1] by pla SRP Agricultural [3-1] (LAD)
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Blank 2 Filed: 3/6/2001, Entered: 3/7/2001, Terminated: 3/16/2001 Motion for Extension of Time to File Answer
MOTION for extension of time until 4/2/01 to respond to the complaint by dft Peabody Western Coal [2-1] (former emp)
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Blank 1 Filed: 3/5/2001, Entered: 3/6/2001 Notice of Removal
NOTICE OF REMOVAL from Maricopa County Superior Court Case Number: CV2001-002457 (Complaint) (LSP)
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