HOBET MINING, INC., et al v. USA
Federal Civil Lawsuit United States Court of Federal Claims, Case No. 1:00-cv-00218-RHH
District Judge Robert H. Hodges, Jr., presiding

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No Logo ARCH OF WEST VIRGINIA, INC., Plaintiff

Toggle Switch Represented by Baker & McKenzie, LLP

Name Phone Fax E-Mail
Space Steven Harlan Becker +1 212 626 4100 +1 212 626 4120 steven.h.becker@bakernet.com
No Logo CATENARY COAL COMPANY, Plaintiff

Toggle Switch Represented by Baker & McKenzie, LLP

Name Phone Fax E-Mail
Space Steven Harlan Becker +1 212 626 4100 +1 212 626 4120 steven.h.becker@bakernet.com
No Logo Coal-mac, Inc., Plaintiff

Toggle Switch Represented by Baker & McKenzie, LLP

Name Phone Fax E-Mail
Space Steven Harlan Becker +1 212 626 4100 +1 212 626 4120 steven.h.becker@bakernet.com
No Logo DAL-TEX CORPORATION, INC., Plaintiff

Toggle Switch Represented by Baker & McKenzie, LLP

Name Phone Fax E-Mail
Space Steven Harlan Becker +1 212 626 4100 +1 212 626 4120 steven.h.becker@bakernet.com
No Logo HOBET MINING, INC., Plaintiff

Toggle Switch Represented by Baker & McKenzie, LLP

Name Phone Fax E-Mail
Space Steven Harlan Becker +1 212 626 4100 +1 212 626 4120 steven.h.becker@bakernet.com
No Logo Mingo Logan Coal Company, Plaintiff
Officially listed as "MINGO LOGAN COAL CO."

Toggle Switch Represented by Baker & McKenzie, LLP

Name Phone Fax E-Mail
Space Steven Harlan Becker +1 212 626 4100 +1 212 626 4120 steven.h.becker@bakernet.com
v.
United States of America United States of America, Defendant
Officially listed as "USA"

Toggle Switch Represented by United States Department of Justice

Name Phone Fax E-Mail
Space Robert Charles Stoddart +1 202 307 6445 robert.c.stoddart@usdoj.gov
Office COFC
Filed 4/19/2000
Jury Demand
Demand $100000
Nature of Suit 206 - Tax - Excise
Cause Section 28 U.S.C. § 1491 Tucker Act
Jurisdiction U.S. Government Defendant
Disposition
County
Terminated
Origin 4
Reopened 8/18/2008
Lead Case None
Related Case
Other Court Cases '07-5149'[], '07-5152'[]
Def Custody Status
Flag REOPEN
  Entries (47) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document 46 Filed: 8/18/2008, Entered: 9/11/2008 CAFC Mandate Reversing
MANDATE of CAFC reversing [39] Order and Remanding case back to United States Court of Federal Claims. (hw1, )
    LREF
    Legal Document 45 Filed: 2/25/2008, Entered: 3/11/2008 Certified Transcript to Attorney
    CERTIFIED TRANSCRIPT OF JUDGMENT, forwarded to Steven Harlan Becker, also certified copy of judgment forwarded to the Tax Division of the Department of Justice. See letter in file. (bre, )
      LREF
      Blank 44 Filed: 8/7/2007, Entered: 8/16/2007 Terminated:
      CAFC Case Number 07-5152 for [42] Notice of Cross Appeal filed by USA. (hw1, )
        LREF
        Blank 43 Filed: 8/7/2007, Entered: 8/16/2007 Terminated:
        CAFC Case Number 07-5149 for [41] Notice of Appeal filed by HOBET MINING, INC., MINGO LOGAN COAL CO., DAL-TEX CORPORATION, INC. (hw1, )
          LREF
          Blank 42 Filed: 8/6/2007, Entered: 8/6/2007, Terminated: 8/18/2008 Notice of cross-appealCourt Filing
          NOTICE OF CROSS APPEAL, filed by USA. Copy to presiding Judge, opposing party and CAFC. (hw1, )
            LREF
            Blank 41 Filed: 8/3/2007, Entered: 8/3/2007, Terminated: 8/18/2008 Notice of AppealCourt Filing
            NOTICE OF APPEAL as to [40] Judgment filed by HOBET MINING, INC., DAL-TEX CORPORATION, INC. and MINGO LOGAN COAL CO.. Filing fee $455, receipt number 066942. Copies to Judge Robert H. Hodges, opposing party and CAFC. (dw1)
              LREF
              Blank 40 Filed: 7/24/2007, Entered: 7/24/2007
              JUDGMENT entered, pursuant to Rule 58, that the plaintiffs recover of and from the United States as follows: Plaintiff, Hobet Mining, Inc., is awarded the amount of $50,420.86; Plaintiff, Dal-Tex Corporation, is awarded the amount of $100,589.63; and Plaintiff, Mingo Logan Coal Co., is awarded the amount of $537,077.89. This judgment is without interest. The parties shall bear their own costs, including any possible attorney's fees or other expenses of this litigation. (lld)
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                Blank 39 Filed: 6/5/2007, Entered: 6/6/2007 OrderCourt Filing
                ORDER directing Clerk to enter judgment. Signed by Judge Robert H. Hodges Jr. (mij, )
                  LREF
                  Blank 38 Filed: 6/1/2007, Entered: 6/1/2007
                  STIPULATION Of Facts As To Amount of Judgment, filed by all parties. (mij, )
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                    Blank 37 Filed: 2/9/2007, Entered: 2/12/2007 Joint Status Report
                    SUPPLEMENTAL JOINT STATUS REPORT, filed by USA. Service: 2/9/2007.(mij, )
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                      Blank 36 Filed: 1/19/2007, Entered: 1/22/2007 Joint Status Report
                      JOINT STATUS REPORT, filed by all parties. Service: 1/19/2007.(mij, )
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                        Blank 35 Filed: 1/5/2007, Entered: 1/5/2007 Court Filing
                        ORDER to parties who have filed claims in this court for refund of excise taxes on coal production. Signed by Judge James F. Merow for Judge Robert H. Hodges Jr. (mij, )
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                          Blank 34 Filed: 2/7/2006, Entered: 2/9/2006 Stipulation of Dismissal
                          STIPULATION of Partial Dismissal with prejudice, filed by all parties. (mb2, )
                            LREF
                            Blank 33 Filed: 10/24/2005, Entered: 10/24/2005
                            NOTICE of Change of Address by Steven Harlan Becker. Service: 10/18/2005.(hw1, )
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                              Blank 32 Filed: 6/16/2005, Entered: 6/20/2005 Stipulation
                              STIPULATION for Partial Dismissal, filed by all parties. Service: 6/16/2005.(mb2, )
                                LREF
                                Blank 31 Filed: 2/25/2005, Entered: 2/28/2005 Joint Status Report
                                JOINT STATUS REPORT by USA. Service: 2/25/2005.(mb2, )
                                  LREF
                                  Blank 30 Filed: 1/26/2005, Entered: 1/28/2005 Status Report/OrderCourt Filing
                                  STATUS REPORT ORDER: Status Report due by 2/25/2005. Signed by Judge Robert H. Hodges Jr. (mb2, )
                                    LREF
                                    Blank 29 Filed: 1/21/2005, Entered: 1/25/2005 Joint Status Report
                                    JOINT STATUS REPORT by USA. Service: 01/21/05.(mb2, )
                                      LREF
                                      Blank 28 Filed: 1/11/2005, Entered: 1/13/2005 OrderCourt Filing
                                      ORDER issued to parties who have filed claims for refund of excise taxes on coal productions. Attorneys asked to respond no later than 2/21/05. Signed by Judge Robert H. Hodges Jr. (eph, )
                                        LREF
                                        Blank 27 Filed: 1/11/2005, Entered: 1/13/2005 OrderCourt Filing
                                        ORDER issued to parties who have filed claims for refund of excise taxes on coal productions. Attorneys asked to respond no later than 2/21/05. Signed by Judge Robert H. Hodges Jr. (eph, )
                                          LREF
                                          Blank 26 Filed: 1/30/2004, Entered: 2/4/2004 Joint Status Report
                                          JOINT STATUS REPORT by all parties. Service: 1/30/2004.(jcp, )
                                            LREF
                                            Blank 25 Filed: 1/20/2004, Entered: 1/26/2004 Status Report/OrderCourt Filing
                                            STATUS REPORT ORDER: Counsel will advise the court whether they have resolved this case, or whether they intend to file stipulations of dismissal. If settlement discussions are continuing, they should advise the court of the status of these negotiations and the likelihood that they will be successful in the near future. The parties may file a Joint Status Report no later than 1/30/2004, or they may file independently. Signed by Judge Robert H. Hodges Jr. (jcp, )
                                              LREF
                                              Blank 24 Filed: 6/24/2002, Entered: 6/25/2002 ~Notice (other)Court Filing
                                              NOTICE of Certain Arguments that Plaintiffs intend to raise at the 6/24/02 hearing by HOBET MINING, INC. Filed by leave of the Judge. Service: 6/20/02 (JT)
                                                LREF
                                                Blank 23 Filed: 2/26/2002, Entered: 2/27/2002 Response
                                                SUR-REPLY by HOBET MINING, INC. to reply filed 1/7/02 by USA in 99-268T. Service: 2/25/02. (LTD)
                                                  LREF
                                                  Blank 22 Filed: 1/8/2002, Entered: 1/9/2002 RemarkCourt Filing
                                                  PLAINTIFFS' RESPONSE IN OPPOSITION TO DEFENDANT'S MOTION FOR LEAVE TO BRING RECENT DEVELOPMENTS TO THE COURT'S ATTENTION AND TO FILE A SHORT REPLY BRIEF. Filed by leave of the Judge. (LTD)
                                                    LREF
                                                    Blank 21 Filed: 1/4/2002, Entered: 1/7/2002 Terminated:
                                                    MOTION by HOBET MINING, INC. (Service: 1/4/02) for Leave to file a brief in response to Defendant's additional brief . Response due: 1/22/02. (LTD)
                                                      LREF
                                                      Blank 20 Filed: 11/2/2001, Entered: 11/5/2001 Statement of Genuine IssuesCourt Filing
                                                      STATEMENT OF GENUINE ISSUES by HOBET MINING, INC. Service: 10/22/01. Filed by leave of the Judge. (FE)
                                                        LREF
                                                        Blank 19 Filed: 11/2/2001, Entered: 11/5/2001 Response to MotionCourt Filing
                                                        RESPONSE by HOBET MINING, INC. (Service: 10/22/01 ) to cross motion filed in 99-268T by USA. Filed by leave of the Judge. (FE)
                                                          LREF
                                                          Blank 18 Filed: 8/31/2001, Entered: 8/31/2001
                                                          PROPOSED FINDINGS of Uncontroverted Fact by HOBET MINING, INC. Service: 8/31/01. (LTD)
                                                            LREF
                                                            Blank 17 Filed: 8/31/2001, Entered: 8/31/2001, Terminated: 7/24/2007 Motion for Summary Judgment
                                                            MOTION by HOBET MINING, INC. (Service: 8/31/01) for Summary Judgment . Response due: 10/1/01. (LTD)
                                                              LREF
                                                              Blank 16 Filed: 8/22/2001, Entered: 8/23/2001 Amended Complaint
                                                              AMENDED COMPLAINT by HOBET MINING, INC., ARCH OF WEST VIRGINI, COAL-MAC, INC., DAL-TEX CORPORATION, CATENARY COAL COMPAN (Answer due 9/4/01 ) amending [1-1] complaint Service: 8/16/01 (HW)
                                                                LREF
                                                                Blank 15 Filed: 8/22/2001, Entered: 8/23/2001 OrderCourt Filing
                                                                ORDER granting [14-2] motion for Leave to file an amended answer ( signed by Judge Robert H. Hodges ) Copy to parties. (HW)
                                                                  LREF
                                                                  Blank 14 Filed: 8/16/2001, Entered: 8/16/2001, Terminated: 8/22/2001 Motion for Reconsideration
                                                                  MOTION by USA (Service: 8/16/01) for Reconsideration of [12-4] order , and for Leave to file an amended answer Response due: 9/4/01. (LTD)
                                                                    LREF
                                                                    Blank -- Filed: 8/16/2001, Entered: 8/16/2001
                                                                    Deadline updated; Response to [14-1] motion for Reconsideration of [12-4] order and [14-2] motion for Leave to file an amended answer reset to 9/4/01 . (LTD)
                                                                      LREF
                                                                      Blank 13 Filed: 8/15/2001, Entered: 8/16/2001 Status Report
                                                                      STATUS REPORT by USA. Service: 8/15/01. (FE)
                                                                        LREF
                                                                        Blank 12 Filed: 8/7/2001, Entered: 8/8/2001 OrderCourt Filing
                                                                        ORDER Plaintiff's Motion Filing deadline to 8/31/01 , Defendant's Response deadline to 10/1/01 , Plaintiff's Reply deadline to 10/15/01 and defendant's motion to notify other parties is denied (signed by Judge Robert H. Hodges). Copy to parties. (FE)
                                                                          LREF
                                                                          Blank 11 Filed: 7/26/2001, Entered: 7/26/2001 Court Filing
                                                                          SCHEDULING ORDER setting Status conference for 10:00 a.m. 8/2/01, in the National Courts Building, Washington, DC ( signed by Judge Robert H. Hodges). Copy to parties. (FE)
                                                                            LREF
                                                                            Blank 10 Filed: 6/15/2001, Entered: 6/18/2001 Status Report
                                                                            STATUS REPORT and SUGGESTIONS FOR FURTHER PROCEEDINGS by USA. Service: 6/15/01. (FE)
                                                                              LREF
                                                                              Blank 9 Filed: 9/11/2000, Entered: 9/12/2000 Status Report
                                                                              STATUS REPORT by USA. Service: 9/11/00. (FE)
                                                                                LREF
                                                                                Blank 8 Filed: 8/16/2000, Entered: 8/18/2000 OrderCourt Filing
                                                                                ORDER re: we have suspended most of the related coal cases until Defendant decides whether to apply for Supreme Court review. ( signed by Judge Robert H. Hodges ) Copy to parties. (JT)
                                                                                  LREF
                                                                                  Blank 7 Filed: 7/25/2000, Entered: 7/27/2000 Joint Preliminary Status Report
                                                                                  JOINT PRELIMINARY STATUS REPORT (FE)
                                                                                    LREF
                                                                                    Blank 6 Filed: 6/16/2000, Entered: 6/19/2000 Answer
                                                                                    ANSWER to Complaint by USA. Service: 6/16/00 ( JPSR due 8/3/00 ) (JT)
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                                                                                      Blank 5 Filed: 5/4/2000, Entered: 5/5/2000 ~Notice (other)
                                                                                      NOTICE of additional plaintiff's (APOGEE COAL CO., ARCH OF WYOMING, INC., KYVA COAL CO. and MINGO LOGAN COAL CO.) by HOBET MINING, INC., ARCH OF WEST VIRGINI, COAL-MAC, INC., DAL-TEX CORPORATION and CATENARY COAL COMPAN. Service: 5/3/00. (FE)
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                                                                                        Blank 4 Filed: 5/4/2000, Entered: 5/5/2000 Notice of Appearance/
                                                                                        NOTICE of Attorney Appearance for USA by Robert Charles Stoddart. Service: 5/4/00. (FE)
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                                                                                          Blank 3 Filed: 4/19/2000, Entered: 4/19/2000
                                                                                          NOTICE by HOBET MINING, INC., ARCH OF WEST VIRGINI, COAL-MAC, INC., DAL-TEX CORPORATION, CATENARY COAL COMPAN of related cases: (98-200 T, 98-557 T, 99-267 T, 99-268 T, 99-298 T, 99-299 T, 99-300 T, 99-301 T, 99-302 T, 00-216 T, 97-68 T). (FE)
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                                                                                            Blank 2 Filed: 4/19/2000, Entered: 4/19/2000 Court Filing
                                                                                            Notice of assignment to Judge Robert H. Hodges. Copy to parties. (FE)
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                                                                                              Blank 1 Filed: 4/19/2000, Entered: 4/19/2000
                                                                                              COMPLAINT, FILING FEE $120, RECEIPT #049458. Answer due on 6/19/00. (FE)
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