CLINTWOOD ELKHORN, et al v. USA
Federal Civil Lawsuit United States Court of Federal Claims, Case No. 1:00-cv-00249-RHH
District Judge Robert H. Hodges, Jr., presiding

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No Logo CLINTWOOD ELKHORN MINING 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 GATLIFF 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 PREMIER ELKHORN 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
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 5/4/2007
Lead Case None
Related Case
Other Court Cases '04-5155'[], '04-5156'[]
Def Custody Status
Pending Status AppRecord
Flag REOPEN
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Blank 72 Filed: 9/3/2008, Entered: 9/4/2008 Status Report/OrderCourt Filing
STATUS REPORT ORDER. Joint Status Report due by 9/12/2008. Signed by Sr. Judge Robert H. Hodges, Jr. (dls)
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    Blank -- Filed: 3/27/2008, Entered: 3/27/2008
    Original record sent to United States Supreme Court. (hw1, )
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      Blank 71 Filed: 12/17/2007, Entered: 12/19/2007 OrderCourt Filing
      ORDER granting [70] motion for extension of the stay of proceedings filed by USA. Signed by Judge Robert H. Hodges Jr. (jyh)
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        Blank 70 Filed: 12/11/2007, Entered: 12/13/2007, Terminated: 12/17/2007 Joint Status Report
        JOINT STATUS REPORT and Request for Continutation of Stay filed by USA. Service: 12/11/2007.(jyh)
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          Blank 69 Filed: 11/27/2007, Entered: 11/30/2007 Order on Motion to ContinueCourt Filing
          ORDER granting [68] Motion to Extend the Stay of Proceedings. Signed by Judge Robert H. Hodges Jr. (jyh)
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            Blank 68 Filed: 11/16/2007, Entered: 11/30/2007, Terminated: 11/27/2007 Terminated:
            Joint Status Report and MOTION for Continuation of Stay filed by USA. Service: 11/16/2007.(jyh)
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              Blank 67 Filed: 9/17/2007, Entered: 9/17/2007 Court Filing
              ORDER Vacating Order issued on August 17, 2007. Cousel is to notify the court within sixty days whether the court should continue the stay. Signed by Judge Robert H. Hodges Jr. (mij, )
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                Blank 66 Filed: 8/29/2007, Entered: 8/29/2007
                JOINT STATUS REPORT and Request for Modification of the Order of August17, 2007, filed by USA. Service: 8/28/2007.(mij, )
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                  Blank 65 Filed: 8/17/2007, Entered: 8/17/2007 Court Filing
                  ORDER directing the paties to stipulate the amount of interest owed Plaintiff and notify the court of such amount by August 31. The Clerk will be directed to enter judgment accordingly.Notice of Compliance due by 8/31/2007. Signed by Judge Robert H. Hodges Jr. (mij, )
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                    Blank 64 Filed: 5/4/2007, Entered: 5/10/2007 CAFC Mandate Reversing
                    MANDATE of CAFC reversing [25] Order that directed the Clerk to enter judgment in this case, and remanding case back to the U.S. Court of Federal Claims. (hw1, )
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                      Blank 63 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 34 Filed: 10/25/2004, Entered: 10/28/2004 Stipulation
                        JOINT STIPULATION by CLINTWOOD ELKHORN MINING COMPANY, GATLIFF COAL COMPANY, PREMIER ELKHORN COAL COMPANY, USA. by leave of the judge Service: 10/19/04.(vro, ) Modified on 10/28/2004 (vro, ).
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                          Blank 32 Filed: 9/30/2004, Entered: 10/1/2004 Terminated:
                          CAFC Case Number 04-5156 for [31] Notice of Cross Appeal filed by USA. (hw1, )
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                            Blank 33 Filed: 9/28/2004, Entered: 10/1/2004 Terminated:
                            CAFC Case Number 04-5155 for [30] Notice of Appeal filed by CLINTWOOD ELKHORN MINING COMPANY, GATLIFF COAL COMPANY, PREMIER ELKHORN COAL COMPANY. (hw1, )
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                              Blank 31 Filed: 9/28/2004, Entered: 9/28/2004, Terminated: 5/4/2007 Notice of cross-appealCourt Filing
                              NOTICE OF CROSS APPEAL by USA. Copy to Judge, opposing party and CAFC. Fee not required. (hw1, )
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                                Blank 30 Filed: 9/17/2004, Entered: 9/17/2004, Terminated: 5/4/2007 Notice of Appeal
                                NOTICE OF APPEAL by CLINTWOOD ELKHORN MINING COMPANY, GATLIFF COAL COMPANY, PREMIER ELKHORN COAL COMPANY. Filing fee $ 255.00, receipt number 061411. Copies to judge, opposing party and CAFC. (hw1, )
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                                  Blank 29 Filed: 7/30/2004, Entered: 8/3/2004 Certified Transcript to Attorney
                                  Certified transcript of judgment, dated July 23, 2004, forwarded to Steven Harlan Becker, certified copy of judgment, forwarded to Tommy Davidson, Tax Division, Department of Justice. See letter in file. (bre,)
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                                    Blank 28 Filed: 7/27/2004, Entered: 7/29/2004 Terminated:
                                    JOINT MOTION Requesting Entry of Judgment That Adopts the Stipulated Judgment Submitted on 7/12/2004 by CLINTWOOD ELKHORN MINING COMPANY, GATLIFF COAL COMPANY, PREMIER ELKHORN COAL COMPANY, USA. [FILED BY LEAVE OF THE JUDGE]Service: 7/23/2004. Response due by 8/9/2004.(jcp, )
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                                      Blank 27 Filed: 7/21/2004, Entered: 7/21/2004
                                      JUDGMENT entered, pursuant to Rule 58, that plaintiff shall recover of and from defendant, United States, the sum of $1,065,936.00, as seet forth on the attached Exhibit A. No interest. All parties shall bear their own costs, including any possible attorney's fees or other expenses of this litigation. (lld, )
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                                        Blank 26 Filed: 7/12/2004, Entered: 7/15/2004 Stipulation
                                        STIPULATED JUDGEMENT by all parties. (jcp, )
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                                          Blank 25 Filed: 1/14/2004, Entered: 1/16/2004 OrderCourt Filing
                                          ORDER: The Clerk of Court shall dismiss with prejudice the claims for the taxable quarters ending 6/30/1996 through 12/31/1999 for Clintwood Elkhorn Mining Company and Premier Elkhorn Coal Company, and the claims for taxable quarters ending 3/31/1997 through 12/31/1999 for Gatliff Coal Company. The parties will bear their own costs. Signed by Judge Robert H. Hodges Jr. (jcp, )
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                                            Blank 24 Filed: 6/12/2003, Entered: 6/18/2003 Stipulation of Dismissal
                                            STIPULATION for Partial Dismissal with prejudice by all parties. Service: 6/12/03.(dw1, ) Modified on 6/18/2003 (dw1, ).
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                                              Blank 62 Filed: 4/18/2003, Entered: 3/7/2005 OrderCourt Filing
                                              ORDER re: plaintiffs have agreed to pursue administrative refunds in lieu of further discovery or trial preparation. They ask that their cases be suspended. We agree to suspend these cases with the understanding that they will be resolved by audits and other administrative procedures, subject only to plaintiffs' appeals of the court's ruling on interest. Signed by Judge Robert H. Hodges Jr. (jat, )(see 99-268)
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                                                Blank 61 Filed: 12/20/2002, Entered: 3/7/2005 OrderCourt Filing
                                                ORDER denying motion to dismiss for lack of jurisdiction, denying motion for partial summary judgment. Signed by Judge Robert H. Hodges Jr. (jat, )(see 99-268)
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                                                  Blank 60 Filed: 12/10/2002, Entered: 3/7/2005 ~Notice (other)
                                                  NOTICE of request for instructions regarding defendant's protective motion for partial dismissal or for partial summary judgment by Plaintiffs. Service: 12/9/02.(jat, ) (one copy filed - see 99-268)
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                                                    Blank 59 Filed: 11/25/2002, Entered: 3/7/2005 Proposed Findings of Uncontroverted Fact
                                                    PROPOSED FINDINGS of Uncontroverted Fact by USA. Service: 11/25/02.(jat, ) (one copy filed - see 99-268)
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                                                      Blank 58 Filed: 11/25/2002, Entered: 3/7/2005 Motion to Dismiss
                                                      PROTECTIVE MOTION to Dismiss for Lack of Jurisdiction or for partial Summary Judgment filed by USA.Service: 11/25/02. (jat, ) (one copy filed - see 99-268)
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                                                        Blank 57 Filed: 11/25/2002, Entered: 3/7/2005 ~Notice (other)
                                                        NOTICE of filing of appendices of brief in support of protective motion for partial dismissal or for partial summary judgment by USA Service: 11/25/02.(jat, ) (one copy filed - see 99-268)
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                                                          Blank 56 Filed: 11/19/2002, Entered: 3/7/2005 Published OpinionCourt Filing
                                                          PUBLISHED OPINION granting cross motion filed by UNITED STATES; and Denying motion for summary judgment filed by Plaintiffs.Signed by Judge Robert H. Hodges Jr. (jat, ) (see 99-268)
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                                                            Blank 55 Filed: 9/27/2002, Entered: 3/7/2005 Transcript
                                                            TRANSCRIPT of proceedings re: 1 volume, at Washington, D.C., for date of August 29, 2002. (jat, )
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                                                              Blank 54 Filed: 9/4/2002, Entered: 3/7/2005 Memorandum
                                                              MEMORANDUM by Plaintiffs re: U.S. Shoe Corp v. United States. Service: 8/30/02.(jat, ) (one copy filed - see 99-268)
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                                                                Blank 53 Filed: 9/3/2002, Entered: 3/7/2005 Memorandum
                                                                MEMORANDUM re: U.S. Shoe Corp. v. United States by USA. (jat, ) (one copy filed - see 99-268)
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                                                                  Blank 52 Filed: 7/23/2002, Entered: 3/7/2005 Motion for Leave to File
                                                                  MOTION for Leave to alert the court to new authority filed by USA.Service: 7/23/02. (jat, ) (one copy filed - see 99-268)
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                                                                    Blank 51 Filed: 7/1/2002, Entered: 3/7/2005 Transcript
                                                                    TRANSCRIPT of Proceedings re: 1 volume, at Washington, D.C., for date of June 24, 2002. Notice to parties. (jat, ) (see 99-268)
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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 CLINTWOOD ELKHORN, GATLIFF COAL COMPANY, PREMIER ELKHORN COAL. Filed by leave of the Judge. Service: 6/20/02 (JT)
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                                                                        Blank 50 Filed: 6/6/2002, Entered: 3/7/2005 OrderCourt Filing
                                                                        ORDER oral argument set for 10:00 a.m. on 6/24/02 for cross motion and for motion for summary judgment docket nos. 01-252T, 00-148T and 00-200T have been added to the consolidated caption. Signed by Judge Robert H. Hodges Jr. (jat, )
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                                                                          Blank 49 Filed: 5/28/2002, Entered: 3/7/2005 OrderCourt Filing
                                                                          ORDER re: parties to agree on a time for oral arguments within 30 days and advise the court. Signed by Judge Robert H. Hodges Jr. (jat, )
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                                                                            Blank 48 Filed: 5/24/2002, Entered: 3/7/2005 OrderCourt Filing
                                                                            ORDER re: for the purposes of the motion for summary judgment on interest, cases are being considered for consolidation. Andalex Resources, Inc., et al. v. United States, is the caption to be used with all case numbers attached. Signed by Judge Robert H. Hodges Jr. (jat, )
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                                                                              Blank 47 Filed: 5/22/2002, Entered: 3/7/2005 Motion for Leave to File
                                                                              MOTION for Leave to alert the court to new authority and to a contention to be presented at oral argument filed by USA.Service: 5/22/02. (jat, ) (one copy filed - see 99-628)
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                                                                                Blank 46 Filed: 4/10/2002, Entered: 3/7/2005 ResponseCourt Filing
                                                                                RESPONSE to Plaintiffs re: order to advise the court if settlement is likely. Filed by leave of the Judge. . Service: 4/8/02.(jat, ) (one copy filed - see 99-268)
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                                                                                  Blank 45 Filed: 3/27/2002, Entered: 3/7/2005 OrderCourt Filing
                                                                                  ORDER to advise the court if settlement is likely. Signed by Judge Robert H. Hodges Jr. (jat, ) (filed in 99-268)
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                                                                                    Blank 22 Filed: 2/26/2002, Entered: 2/27/2002 Response
                                                                                    SUR-REPLY by CLINTWOOD ELKHORN to reply filed 1/7/02 by USA in 99-268. Service: 2/25/02. (LTD)
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                                                                                      Blank 44 Filed: 2/13/2002, Entered: 3/7/2005 OrderCourt Filing
                                                                                      ORDER granting motion for leave to file a brief in response to defendant's additional brief for which leave was granted by the Court's 12/21/01 order. Signed by Judge Robert H. Hodges Jr. (jat, ) (filed in 99-268)
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                                                                                        Blank 21 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 43 Filed: 1/7/2002, Entered: 3/6/2005 Response
                                                                                          REPLY to Order granting motion for leave to bring recent developments to the Court's attention filed by USA. Service: 1/7/02.(jat, ) (one copy filed - see 99-268)
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                                                                                            Blank 20 Filed: 1/4/2002, Entered: 1/7/2002 Terminated:
                                                                                            MOTION by CLINTWOOD ELKHORN (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 42 Filed: 12/21/2001, Entered: 3/6/2005 OrderCourt Filing
                                                                                              ORDER granting motion for leave to bring recent developments to the Court's attention and to file a short reply brief. Signed by Judge Robert H. Hodges Jr. (jat, ) (filed in 99-268)
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                                                                                                Blank 41 Filed: 12/14/2001, Entered: 3/6/2005 Motion for Leave to File
                                                                                                MOTION for Leave to bring recent developments to the Court's attention and to file a short reply brief filed by USA.Service: 12/14/01. (jat, ) (one copy filed - 99-268)
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                                                                                                  Blank 19 Filed: 11/2/2001, Entered: 11/5/2001 Response to Motion
                                                                                                  RESPONSE by CLINTWOOD ELKHORN (Service: 10/22/01) to cross-motion filed in 00-249 by USA. Reply due: 11/9/01. (LTD)
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                                                                                                    Blank 18 Filed: 11/2/2001, Entered: 11/5/2001 Statement of Genuine IssuesCourt Filing
                                                                                                    STATEMENT OF GENUINE ISSUES by CLINTWOOD ELKHORN. Service: 10/22/01. Filed by leave of the Judge. (LTD)
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                                                                                                      Blank 40 Filed: 10/11/2001, Entered: 3/6/2005 ~Notice (other)
                                                                                                      NOTICE of erroneous telephone numbers in the Cross-Motion for Partial Summary Judgment and related filings by USA Service: 10/11/01. (one copy filed - See 99-268)(jat, )
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                                                                                                        Blank 39 Filed: 10/9/2001, Entered: 3/4/2005 Cross Motion [Dispositive]
                                                                                                        CROSS MOTION and RESPONSE to Motion for Summary Judgment filed by CLINTWOOD ELKHORN MINING COMPANY, filed by USA. Service: 10/10/01. (one copy filed - see 99-268) (jat, )
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                                                                                                          Blank 38 Filed: 10/9/2001, Entered: 3/4/2005 Proposed Findings of Uncontroverted Fact
                                                                                                          PROPOSED FINDINGS of Uncontroverted Fact filed by USA. Service: 10/9/01. (one copy filed - see 99-268)(jat, )
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                                                                                                            Blank 37 Filed: 10/9/2001, Entered: 3/4/2005 Statement of Facts
                                                                                                            STATEMENT OF GENUINE ISSUES filed by USA. Service: 10/9/01. (one copy filed - see 99-268)(jat, )
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                                                                                                              Blank 36 Filed: 10/3/2001, Entered: 3/4/2005 Motion for Extension of Time to File Response/ReplCourt Filing
                                                                                                              MOTION for Extension of Time to file response to the motion for partial summary judgment and cross-motion for partial summary judgment, (until October 9, 2001) filed by USA. Response due 10/15/01. [by leave of the Judge](One copy filed - see 99-268)Service: 9/28/01. (jat, )
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                                                                                                                Blank 17 Filed: 8/31/2001, Entered: 8/31/2001
                                                                                                                PROPOSED FINDINGS of Uncontroverted Fact by CLINTWOOD ELKHORN. Service: 8/31/01. (LTD)
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                                                                                                                  Blank 16 Filed: 8/31/2001, Entered: 8/31/2001, Terminated: 7/21/2004 Motion for Summary Judgment
                                                                                                                  MOTION by CLINTWOOD ELKHORN (Service: 8/31/01) for Summary Judgment . Response due: 10/1/01. (LTD)
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                                                                                                                    Blank 15 Filed: 8/27/2001, Entered: 8/27/2001
                                                                                                                    AMENDED ANSWER to Complaint by USA amends [5-1] answer by USA. Service: 8/24/01 (DS)
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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) Modified on 08/16/2001
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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 35 Filed: 8/3/2001, Entered: 3/4/2005 Transcript
                                                                                                                              TRANSCRIPT of Proceedings 1 volume (33 pages), at Washington, D.C., for date of August 2, 2001. Notice to parties. (jat, ) (Filed in 99-268)
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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 Natioanl 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: 5/16/2000, Entered: 5/17/2000 Notice of Appearance/
                                                                                                                                            NOTICE of Attorney Appearance for USA by Robert Charles Stoddart. Service : 5/16/00. (HW)
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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 CLINTWOOD ELKHORN, GATLIFF COAL COMPANY, PREMIER ELKHORN COAL 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 #049556. Answer due on 6/27/00. (FE)
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