COVENANT COAL CORP. v. USA
Federal Civil Lawsuit United States Court of Federal Claims, Case No. 1:00-cv-00243-RHH
District Judge Robert H. Hodges, Jr., presiding

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No Logo COVENANT COAL CORP., 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
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 4/28/2000
Jury Demand
Demand $0
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 '07-5059'[], '07-5060'[]
Def Custody Status
Flag REOPEN
  Entries (42) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document 41 Filed: 8/18/2008, Entered: 9/11/2008 CAFC Mandate Reversing
MANDATE of CAFC reversing [34] Unpublished Opinion/Order and Remanding case back to United States Court of Federal Claims. (hw1, )
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    Blank 40 Filed: 2/16/2007, Entered: 2/22/2007 Terminated:
    CAFC Case Number 07-5059 for [37] Notice of Appeal filed by COVENANT COAL CORP. (hw1, )
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      Blank 39 Filed: 2/16/2007, Entered: 2/22/2007 Terminated:
      CAFC Case Number 07-5060 for [38] Notice of Cross Appeal filed by USA. (hw1, )
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        Blank 38 Filed: 2/8/2007, Entered: 2/9/2007 Terminated:
        NOTICE OF CROSS APPEAL, filed by USA. Copy to judge. opposing party and to CAFC. (hw1, )
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          Blank 37 Filed: 2/8/2007, Entered: 2/8/2007, Terminated: 8/18/2008 Notice of Appeal
          NOTICE OF APPEAL, filed by COVENANT COAL CORP. Filing fee $ 455, receipt number 066135. Copies to judge, opposing party and CAFC. (hw1, )
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            Blank 36 Filed: 1/10/2007, Entered: 1/18/2007 Certified Transcript to Attorney
            CERTIFIED TRANSCRIPT OF JUDGMENT, dated January 8, 2007, forwarded to Steven Harlan Becker, also certified copy of judgment forwarded to Tommy Thompson, of the Department of Justice. See letter in file. (bre,)
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              Blank 35 Filed: 1/5/2007, Entered: 1/5/2007
              JUDGMENT entered, pursuant to Rule 58, that the plaintiff recover of and from the United States the sum of $961,702.00. This judgment shall be paid without interest. All parties shall bear their own costs, including all possible attorneys' fees or other expenses of this litigation. (lld, )
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                Blank 34 Filed: 1/5/2007, Entered: 1/5/2007 Court Filing
                ORDER. The Clerk is directed to enter judgment in favor of plaintiff in the amount of $961,702, as there is no just reason for delay. Signed by Judge James F. Merow for Judge Robert H. Hodges, Jr.. (lld, )
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                  Blank 33 Filed: 1/4/2007, Entered: 1/4/2007
                  STIPULATION of FACTS AS TO THE AMOUNT OF JUDGMENT, filed by all parties. (mij, )
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                    Blank 32 Filed: 2/7/2006, Entered: 2/9/2006 Stipulation of Dismissal
                    STIPULATION of Partial Dismissal with prejudice (as to quarters ending June 30, 1996, September 30, 1996 and September 30, 1997) , filed by all parties. (mb2, ) Modified on 1/4/2007 to indicate this is a partial dismissal. (dls ).
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                      Blank 31 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 30 Filed: 2/25/2005, Entered: 2/28/2005 Joint Status Report
                        JOINT STATUS REPORT by USA. Service: 2/25/2005.(mb2, )
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                          Blank 29 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, )
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                            Blank 28 Filed: 1/21/2005, Entered: 1/25/2005 Joint Status Report
                            JOINT STATUS REPORT by USA. Service: 01/21/05.(mb2, )
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                              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, )
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                                Blank 26 Filed: 12/1/2004, Entered: 12/7/2004 Amended Complaint
                                FIRST AMENDED COMPLAINT. [Filed upon written consent] Service: 11/30/2004.(jcp, )
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                                  Blank 25 Filed: 1/30/2004, Entered: 2/4/2004 Joint Status Report
                                  JOINT STATUS REPORT by all parties. Service: 1/30/2004.(jcp, )
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                                    Blank 24 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 for 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. They parties may file a Joint Status Report no later than 1/30/2004, or they may file indepenently. Signed by Judge Robert H. Hodges Jr. (jcp, )
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                                      Blank 23 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 COVENANT COAL CORP. Filed by leave of the Judge. Service: 6/20/02 (JT)
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                                        Blank 22 Filed: 2/26/2002, Entered: 2/27/2002 Response
                                        SUR-REPLY by COVENANT COAL CORP. to reply filed 1/7/02 by USA in 99-268T. Service: 2/25/02. (LTD)
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                                          Blank 21 Filed: 1/8/2002, Entered: 1/9/2002 RemarkCourt Filing
                                          PLAINTIFF'S 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)
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                                            Blank 20 Filed: 1/4/2002, Entered: 1/7/2002 Terminated:
                                            MOTION by COVENANT COAL CORP. (Service: 1/4/02) for Leave to file a brief in response to Defendant's additional brief . Response due: 1/22/02. (LTD)
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                                              Blank 19 Filed: 11/2/2001, Entered: 11/5/2001 Statement of Genuine IssuesCourt Filing
                                              STATEMENT OF GENUINE ISSUES by COVENANT COAL CORP. Filed by leave of the Judge. (LTD)
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                                                Blank 18 Filed: 11/2/2001, Entered: 11/5/2001 Response to MotionCourt Filing
                                                RESPONSE by COVENANT COAL CORP. (Service: 10/22/01) to cross-motion filed in 99-268T by USA. Filed by leave of the Judge. (LTD)
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                                                  Blank 17 Filed: 8/31/2001, Entered: 8/31/2001
                                                  PROPOSED FINDINGS of Uncontroverted Fact by COVENANT COAL CORP. Service: 8/31/01. (LTD)
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                                                    Blank 16 Filed: 8/31/2001, Entered: 8/31/2001, Terminated: 1/5/2007 Motion for Summary Judgment
                                                    MOTION by COVENANT COAL CORP. (Service: 8/31/01) for Summary Judgment . Response due: 10/1/01. (LTD)
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                                                      Blank 15 Filed: 8/22/2001, Entered: 8/23/2001 Amended Complaint
                                                      AMENDED COMPLAINT by COVENANT COAL CORP. (Answer due 9/4/01 ) amending [1-1] complaint Service: 8/16/01 (HW)
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                                                        Blank 14 Filed: 8/22/2001, Entered: 8/22/2001 Court Filing
                                                        ORDER granting [13-2] motion for Leave to file amended answer ( signed by Judge Robert H. Hodges ) Copy to parties. (HW)
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                                                          Blank 13 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 [11-4] order , and for Leave to file amended answer . Response due: 9/4/01. (LTD)
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                                                            Blank -- Filed: 8/16/2001, Entered: 8/16/2001
                                                            Deadline updated; Response to [13-1] motion for Reconsideration of [11-4] order and [13-2] motion for Leave to file amended answer reset to 9/4/01 . (LTD)
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                                                              Blank 12 Filed: 8/15/2001, Entered: 8/16/2001 Status Report
                                                              STATUS REPORT by USA. Service: 8/15/01. (FE)
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                                                                Blank 11 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)
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                                                                  Blank 10 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)
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                                                                    Blank 9 Filed: 6/15/2001, Entered: 6/18/2001 Status Report
                                                                    STATUS REPORT and SUGGESTIONS FOR FURTHER PROCEEDINGS by USA. Service: 6/15/01. (FE)
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                                                                      Blank 8 Filed: 9/11/2000, Entered: 9/12/2000 Status Report
                                                                      STATUS REPORT by USA. Service: 9/11/00. (FE)
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                                                                        Blank 7 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)
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                                                                          Blank 6 Filed: 7/25/2000, Entered: 7/27/2000 Joint Preliminary Status Report
                                                                          JOINT PRELIMINARY STATUS REPORT (FE)
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                                                                            Blank 5 Filed: 6/27/2000, Entered: 6/28/2000 Answer
                                                                            ANSWER to Complaint by USA Service: 6/27/00 (JPSR due 8/14/00) (FE)
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                                                                              Blank 4 Filed: 5/11/2000, Entered: 5/12/2000 Notice of Appearance/
                                                                              NOTICE of Attorney Appearance for USA by Robert Charles Stoddart. Service: 5/11/00. (FE)
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                                                                                Blank 3 Filed: 4/28/2000, Entered: 5/2/2000 Case Assigned/ReassignedCourt Filing
                                                                                Notice of assignment to Judge Robert H. Hodges. Copy to parties. (FE)
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                                                                                  Blank 2 Filed: 4/28/2000, Entered: 5/1/2000 Notice of Related Cases
                                                                                  NOTICE by COVENANT COAL CORP. of related cases: (97-68 T, 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, 00-218 T, 00-236 T). (FE)
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                                                                                    Blank 1 Filed: 4/28/2000, Entered: 5/1/2000 Complaint
                                                                                    COMPLAINT, FILING FEE $120, RECEIPT #049534. Answer due on 6/27/00. (FE)
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