BLACK ROCK COAL, et al v. USA
Federal Civil Lawsuit United States Court of Federal Claims, Case No. 1:00-cv-00245-RHH
District Judge Robert H. Hodges, Jr., presiding

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No Logo BLACK ROCK COAL, Plaintiff

Toggle Switch Represented by merrelltaxlaw.com Law Firm Placeholder

Name Phone Fax E-Mail
Space John Yates Merrell, Jr. +1 703 790 8440 +1 703 790 8944 john.merrell.jr@merrelltaxlaw.com
No Logo EAGLEHAWK CARBON, INC., Plaintiff

Toggle Switch Represented by merrelltaxlaw.com Law Firm Placeholder

Name Phone Fax E-Mail
Space John Yates Merrell, Jr. +1 703 790 8440 +1 703 790 8944 john.merrell.jr@merrelltaxlaw.com
No Logo WHITE FLAME ENERGY, INC., Plaintiff

Toggle Switch Represented by merrelltaxlaw.com Law Firm Placeholder

Name Phone Fax E-Mail
Space John Yates Merrell, Jr. +1 703 790 8440 +1 703 790 8944 john.merrell.jr@merrelltaxlaw.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 None
Demand $445000
Nature of Suit 206 - Tax - Excise
Cause Section 28 U.S.C. § 1491 Tucker Act
Jurisdiction U.S. Government Defendant
Disposition Dismissed - Voluntarily
County None
Terminated 7/1/2008
Origin 1
Reopened None
Lead Case None
Related Case
Other Court Case None
Def Custody Status
Flag CLOSED
  Entries (52) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Blank 51 Filed: 7/1/2008, Entered: 7/6/2008 Stipulation of Dismissal
STIPULATION of Dismissal with prejudice, filed by all parties. Complaint dismissed pursuant to Rule 41(a)(1)(ii) this day. (dls)
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    Blank 50 Filed: 12/18/2007, Entered: 12/18/2007
    JUDGMENT entered, as provided in Rule 54(b), that plaintiff, Rockspring Development, Inc. is dismissed. (lld)
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      Blank 49 Filed: 12/17/2007, Entered: 12/18/2007 Unpublished Opinion/OrderCourt Filing
      ORDER directing the clerk to enter judgment with respect to Rockspring Development Inc., in accordance with the Stipulation for Partial Dismissal, pursuant to Rule 54(b). Signed by Judge Robert H. Hodges Jr. (lld)
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        Blank 48 Filed: 11/15/2007, Entered: 11/30/2007 Stipulation of Dismissal
        STIPULATION for Partial Dismissal with prejudice, filed by all parties. Modified on 12/18/2007 (Reyes, Lisa).
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          Blank 47 Filed: 1/24/2007, Entered: 1/24/2007
          SUPPLEMENTAL JOINT STATUS REPORT, filed by all parties. Service: 1/24/2007.(mij, )
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            Blank 46 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 45 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 44 Filed: 10/26/2005, Entered: 10/31/2005 Joint Status Report
                JOINT STATUS REPORT, filed by all parties. Service: 10/26/2005.(mb2, )
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                  Blank 43 Filed: 10/20/2005, Entered: 10/24/2005 OrderCourt Filing
                  ORDER:The parties will advise the court of any reason why we cannot enter a final judgment in this case so that counsel may consolidate it for appeal with Clintwood Elkhorn by 10/26/2005. Signed by Judge Robert H. Hodges Jr. (mb2, )
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                    Blank 42 Filed: 9/28/2005, Entered: 9/30/2005 Terminated:
                    STIPULATION OF LIABILITY and MOTION to Stay the Proceedings, filed by BLACK ROCK COAL, EAGLEHAWK CARBON, INC., WHITE FLAME ENERGY, INC., USA. (mb2, )
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                      Blank 41 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 40 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 39 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 38 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 1/21/05. Signed by Judge Robert H. Hodges Jr. (eph, ) Modified on 1/18/2005 (mb2, ).
                              LREF
                              Blank 37 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 36 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, )
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                                  Blank 35 Filed: 9/10/2002, Entered: 9/11/2002 Amended Answer to Complaint
                                  AMENDED ANSWER to third amended Complaint filed by USA. Service: 9/10/02 (DS)
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                                    Blank 34 Filed: 9/10/2002, Entered: 9/11/2002 Amended Complaint
                                    AMENDED COMPLAINT, filed upon written consent of defendant, by BLACK ROCK COAL, EAGLEHAWK CARBON, WHITE FLAME ENERGY (Answer due 9/23/02) amending [27-1] amended complaint. Service: 9/6/02 (DS)
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                                      Blank 33 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 BLACK ROCK COAL, EAGLEHAWK CARBON, WHITE FLAME ENERGY. Filed by leave of the Judge. Service: 6/20/02 (JT)
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                                        Blank 32 Filed: 2/26/2002, Entered: 2/27/2002 Response
                                        SUR-REPLY by BLACK ROCK COAL to Reply filed 1/7/02 by USA in 99-268T. Service: 2/25/02. (LTD)
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                                          Blank 31 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)
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                                            Blank 30 Filed: 1/4/2002, Entered: 1/7/2002 Terminated:
                                            MOTION by BLACK ROCK COAL (Service: 1/4/02) for Leave to file brief in response to Defendant's additional brief . Response due: 1/22/02. (LTD)
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                                              Blank 29 Filed: 11/30/2001, Entered: 12/4/2001 Terminated:
                                              MOTION by BLACK ROCK COAL, et al. (Service: 11/28/01) to establish jurisdiction over claims of the additional plaintiffs . Response due: 12/17/01 (DS)
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                                                Blank 28 Filed: 11/20/2001, Entered: 11/21/2001 Amended Answer to Complaint
                                                SECOND AMENDED ANSWER to Complaint by USA : amends [7-1] answer by USA. Service: 11/19/01. (LTD)
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                                                  Blank 27 Filed: 11/7/2001, Entered: 11/8/2001 Amended ComplaintCourt Filing
                                                  SECOND AMENDED COMPLAINT by BLACK ROCK COAL amending [18-1] amended complaint by WHITE FLAME ENERGY, EAGLEHAWK CARBON, BLACK ROCK COAL. Filed by leave of the Judge. (LTD)
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                                                    Blank 26 Filed: 11/7/2001, Entered: 11/8/2001 OrderCourt Filing
                                                    ORDER granting [23-1] motion for Leave to amend first amended complaint (signed by Judge Robert H. Hodges). Copy to parties. (LTD)
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                                                      Blank 25 Filed: 11/2/2001, Entered: 11/5/2001 Statement of Genuine IssuesCourt Filing
                                                      STATEMENT OF GENUINE ISSUES by BLACK ROCK COAL. Filed by leave of the Judge. Service: 10/22/01. (LTD)
                                                        LREF
                                                        Blank 24 Filed: 11/2/2001, Entered: 11/5/2001 Response to MotionCourt Filing
                                                        RESPONSE by BLACK ROCK COAL (Service: 10/22/01 ) to Cross-Motion filed in 99-268 by USA. Filed by leave of the Judge. Reply due: 11/8/01. (LTD)
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                                                          Blank 23 Filed: 10/31/2001, Entered: 11/2/2001, Terminated: 11/7/2001 Terminated:
                                                          MOTION by BLACK ROCK COAL (Service: 10/31/01) for Leave to amend first amended complaint . Response due: 11/19/01 (LTD)
                                                            LREF
                                                            Blank 22 Filed: 10/31/2001, Entered: 11/2/2001 ~Notice (other)
                                                            NOTICE of additional Plaintiffs by BLACK ROCK COAL. Service: 10/31/01. (LTD)
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                                                              Blank 21 Filed: 10/31/2001, Entered: 11/2/2001 ~Notice (other)
                                                              NOTICE of additoinal related case by BLACK ROCK COAL, et al. Service: 10/31/01. (LTD)
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                                                                Blank 20 Filed: 8/31/2001, Entered: 8/31/2001
                                                                PROPOSED FINDINGS of Uncontroverted Fact by BLACK ROCK COAL. Service: 8/31/01. (LTD)
                                                                  LREF
                                                                  Blank 19 Filed: 8/31/2001, Entered: 8/31/2001, Terminated: 7/1/2008 Motion for Summary Judgment
                                                                  MOTION by BLACK ROCK COAL (Service: 8/31/01) for Summary Judgment . Response due: 10/1/01. (LTD)
                                                                    LREF
                                                                    Blank 18 Filed: 8/22/2001, Entered: 8/23/2001 Amended Complaint
                                                                    AMENDED COMPLAINT by BLACK ROCK COAL, EAGLEHAWK CARBON, WHITE FLAME ENERGY (Answer due 9/4/01 ) amending [6-1] amended complaint by WHITE FLAME ENERGY, EAGLEHAWK CARBON, BLACK ROCK COAL, [1-1] complaint Service: 8/16/01 (HW)
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                                                                      Blank 17 Filed: 8/22/2001, Entered: 8/22/2001 Court Filing
                                                                      ORDER granting [16-2] motion for Leave to file an amended answer ( signed by Judge Robert H. Hodges ) Copy to parties. (HW)
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                                                                        Blank 16 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 [14-4] order , and for Leave to file an 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 [16-1] motion for Reconsideration of [14-4] order and [16-2] motion for Leave to file an amended answer is due on 9/4/01 . (LTD)
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                                                                            Blank 15 Filed: 8/15/2001, Entered: 8/16/2001 Status Report
                                                                            STATUS REPORT by USA. Service: 8/15/01. (FE)
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                                                                              Blank 14 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 13 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 12 Filed: 6/18/2001, Entered: 6/19/2001 Status Report
                                                                                  STATUS REPORT by USA. Service: 6/18/01. (FE)
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                                                                                    Blank 11 Filed: 9/11/2000, Entered: 9/12/2000 Status Report
                                                                                    STATUS REPORT by USA. Service: 9/11/00. (FE)
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                                                                                      Blank 10 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 9 Filed: 7/27/2000, Entered: 7/31/2000 Joint Preliminary Status Report
                                                                                        JOINT PRELIMINARY STATUS REPORT (FE)
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                                                                                          Blank 8 Filed: 7/17/2000, Entered: 7/20/2000 ~Notice (other)
                                                                                          NOTICE of Additional Plaintiffs by BLACK ROCK COAL, EAGLEHAWK CARBON, WHITE FLAME ENERGY. Service: 7/14/00 (JT)
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                                                                                            Blank 7 Filed: 7/12/2000, Entered: 7/14/2000 Answer
                                                                                            ANSWER to [AMENDED] Complaint by USA. Service: 7/11/00. (HW)
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                                                                                              Blank 6 Filed: 7/5/2000, Entered: 7/11/2000 Amended Complaint
                                                                                              AMENDED COMPLAINT by BLACK ROCK COAL, EAGLEHAWK CARBON, WHITE FLAME ENERGY (Answer due 7/18/00 ) amending [1-1] complaint. Service: 7/5/00 (JT)
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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: 5/12/2000, Entered: 5/15/2000 Notice of Appearance/
                                                                                                  NOTICE of Attorney Appearance for USA by Robert Charles Stoddart. Service : 5/12/00 (JT)
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                                                                                                    Blank 3 Filed: 4/28/2000, Entered: 5/3/2000 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 BLACK ROCK COAL, EAGLEHAWK CARBON, WHITE FLAME ENERGY of related cases: (97-68 T, 97-310 T, 97-311 T, 97-317 T, 97-521 T, 97-522 T). (FE)
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                                                                                                        Blank 1 Filed: 4/28/2000, Entered: 5/1/2000 Complaint
                                                                                                        COMPLAINT, FILING FEE $120, RECEIPT #049545. Answer due on 6/27/00. (FE)
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