EMERALD INTERNATIONA v. USA
Federal Civil Lawsuit United States Court of Federal Claims, Case No. 1:01-cv-00258-FMA
District Judge Francis M. Allegra, presiding

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No Logo EMERALD INTERNATIONAL CORPORATION, Plaintiff

Toggle Switch Represented by Unknown Firm

Name Phone Fax E-Mail
Space Lev Konstantyn Martyniuk +1 859 578 1000
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 4/30/2001
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 Preliminary Injunction
County
Terminated 12/13/2002
Origin 1
Reopened None
Lead Case None
Related Case
Other Court Case None
Def Custody Status
Flag CLOSED
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Blank 50 Filed: 3/19/2003, Entered: 3/24/2003 CAFC Mandate Dismissing
MANDATE of CAFC dismissing [49] Notice of Appeal filed by EMERALD INTERNATIONAL CORPORATION (hw1, )
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    Blank -- Filed: 2/14/2003, Entered: 2/26/2003 Terminated:
    CAFC Case Number Re: [49-1] appeal by EMERALD INTERNATIONA CAFC NUMBER: 03-5062 (HW)
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      Blank 49 Filed: 2/7/2003, Entered: 2/10/2003 Terminated:
      NOTICE OF APPEAL by EMERALD INTERNATIONAL. Copy to Francis M. Allegra, Defendant and to CAFC. FILING FEE $105.00; RECEIPT #056292. (HW)
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        Blank 48 Filed: 12/13/2002, Entered: 12/13/2002
        JUDGMENT entered, pursuant to Rule 58, that the complaint is dismissed. (signed by Clerk). Copy to parties. (LD)
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          Blank 47 Filed: 12/13/2002, Entered: 12/13/2002 Court Filing
          PUBLISHED DECISION granting [22-1] motion for Summary Judgment ( signed by Judge Francis M. Allegra ). Copy to parties. (LD)
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            Blank -- Filed: 12/13/2002, Entered: 12/13/2002
            Case closed (LD)
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              Blank 46 Filed: 9/17/2002, Entered: 9/18/2002 Transcript
              TRANSCRIPT of proceedings re: 1 volume, at Washington, D.C., for date of August 22, 2002. Notice to parties. (FE)
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                Blank 45 Filed: 8/13/2002, Entered: 8/14/2002 Terminated:
                MOTION by EMERALD INTERNATIONAL (Service: 8/13/02) to substitute attorney (consented) Terminated attorney Martin Jack Horwitz for EMERALD INTERNATIONA Added Lev Konstantyn Martyniuk (LTD)
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                  Blank 44 Filed: 8/7/2002, Entered: 8/9/2002 Proposed Findings of Uncontroverted Fact
                  SUPPLEMENTAL PROPOSED FINDINGS of Uncontroverted Fact by EMERALD INTERNATIONAL. Service: 8/6/02. (LTD)
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                    Blank 43 Filed: 8/7/2002, Entered: 8/9/2002 Terminated:
                    [SUPPLEMENTAL MEMORANDUM] RESPONSE by EMERALD INTERNATIONAL (Service: 8/6/02) to [22-1] motion for Summary Judgment. Reply due: 8/23/02. (LTD)
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                      Blank 42 Filed: 8/7/2002, Entered: 8/9/2002 Response to Proposed Findings of Uncontroverted Fa
                      Response by EMERALD INTERNATIONAL to [40-1] proposed findings by USA. Service: 8/6/02. (LTD)
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                        Blank 41 Filed: 7/17/2002, Entered: 7/18/2002 Memorandum
                        SUPPLEMENTAL APPENDIX by USA. Service: 6/20/02. (LTD)
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                          Blank 40 Filed: 7/17/2002, Entered: 7/18/2002 Proposed Findings of Uncontroverted Fact
                          SUPPLEMENTAL PROPOSED FINDINGS of Uncontroverted Fact by USA. Service: 6/20/02. (LTD)
                            LREF
                            Blank 39 Filed: 7/17/2002, Entered: 7/18/2002 Affidavit
                            SECOND DECLARATION OF ROBERT STODDART by USA. Service: 6/21/02. (LTD)
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                              Blank 38 Filed: 7/17/2002, Entered: 7/18/2002 OrderCourt Filing
                              ORDER granting [36-1] motion for Leave to file corrected declaration, granting [35-1] motion for Leave to file supplemental proposed findings of uncontroverted fact and a supplemental appendix (signed by Judge Francis M. Allegra). Copy to parties. (LTD)
                                LREF
                                Blank 37 Filed: 7/8/2002, Entered: 7/9/2002 Terminated:
                                RESPONSE by EMERALD INTERNATIONA (Service: 7/3/02) to [35-1] motion for Leave to file supplemental proposed findings of uncontroverted fact and a supplemental appendix. Reply due: 7/19/02. (LTD)
                                  LREF
                                  Blank 36 Filed: 6/21/2002, Entered: 6/24/2002, Terminated: 7/17/2002 Terminated:
                                  MOTION by USA (Service: 6/21/02) for Leave to file corrected declaration . Response due: 7/8/02. (FE)
                                    LREF
                                    Blank 35 Filed: 6/20/2002, Entered: 6/21/2002 Terminated:
                                    MOTION by USA (Service: 6/20/02) for Leave to file supplemental proposed findings of uncontroverted fact and a supplemental appendix . Response due: 7/8/02/. (HW)
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                                      Blank 34 Filed: 6/17/2002, Entered: 6/18/2002 OrderCourt Filing
                                      ORDER oral argument set for 2:00 p.m. on 8/22/02 for [22-1] motion for Summary Judgment (signed by Judge Francis M. Allegra). Copy to parties. (LTD)
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                                        Blank 33 Filed: 5/29/2002, Entered: 5/30/2002 OrderCourt Filing
                                        ORDER granting [32-1] motion for Leave to give notice of recent authority (signed by Judge Francis M. Allegra). Copy to parties. (LTD)
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                                          Blank 32 Filed: 5/21/2002, Entered: 5/22/2002, Terminated: 5/29/2002 Terminated:
                                          MOTION by USA (Service: 5/21/02) for Leave to give notice of recent authority , (recent authority included in motion). Response due: 6/7/02. (HW)
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                                            Blank 31 Filed: 4/26/2002, Entered: 4/26/2002 Court Filing
                                            SPECIAL PROCEDURES ORDER of Judge Francis M. Allegra. Copy to parties. (HW) Modified on 06/25/2002
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                                              Blank 30 Filed: 4/10/2002, Entered: 4/11/2002 Terminated:
                                              SUR-REPLY by EMERALD INTERNATIONAL to [26-1] motion reply by USA. Service: 4/9/02. (HW)
                                                LREF
                                                Blank 29 Filed: 3/26/2002, Entered: 3/27/2002 OrderCourt Filing
                                                ORDER granting [27-1] motion for Leave to file sur-reply Plaintiff's sur-reply due 4/10/02 (signed by Judge Francis M. Allegra). Copy to parties. (LTD)
                                                  LREF
                                                  Blank 28 Filed: 3/25/2002, Entered: 3/26/2002 Terminated:
                                                  RESPONSE by USA (Service: 3/25/02) to [27-1] motion for Leave to file sur-reply. Reply due: 4/8/02. (FE)
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                                                    Blank 27 Filed: 3/25/2002, Entered: 3/26/2002, Terminated: 3/26/2002 Terminated:
                                                    MOTION by EMERALD INTERNATIONA (Service: 3/22/02) for Leave to file sur-reply . Response due: 4/8/02. (FE)
                                                      LREF
                                                      Blank 26 Filed: 3/18/2002, Entered: 3/19/2002 Reply to Response to Motion
                                                      REPLY by USA to response to [22-1] motion for Summary Judgment. Service: 3/18/02 (DS)
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                                                        Blank 25 Filed: 3/4/2002, Entered: 3/5/2002 Statement of Genuine Issues
                                                        STATEMENT OF GENUINE ISSUES by EMERALD INTERNATIONAL. Service: 3/1/02. (LTD)
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                                                          Blank 24 Filed: 3/4/2002, Entered: 3/5/2002 Proposed Findings of Uncontroverted Fact
                                                          PROPOSED FINDINGS of Uncontroverted Fact by EMERALD INTERNATIONAL. Service: 3/1/02. (LTD)
                                                            LREF
                                                            Blank 23 Filed: 3/4/2002, Entered: 3/5/2002 Terminated:
                                                            RESPONSE by EMERALD INTERNATIONA (Service: 3/1/02) to [22-1] motion for Summary Judgment. Reply due: 3/18/02. (LTD)
                                                              LREF
                                                              Blank 22 Filed: 2/1/2002, Entered: 2/4/2002 Terminated:
                                                              MOTION by USA (Service: 2/1/02) for Summary Judgment . Response due: 3/4/02 (DS)
                                                                LREF
                                                                Blank 21 Filed: 2/1/2002, Entered: 2/4/2002 Proposed Findings of Uncontroverted Fact
                                                                PROPOSED FINDINGS of Uncontroverted Fact filed by USA. Service: 2/1/02 (DS)
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                                                                  Blank 20 Filed: 1/3/2002, Entered: 1/7/2002 Transcript
                                                                  TRANSCRIPT of proceedings re: 1 volume, at Washington, D.C., for date of December 18, 2001. Notice to parties. (FE)
                                                                    LREF
                                                                    Blank 19 Filed: 12/20/2001, Entered: 12/21/2001 OrderCourt Filing
                                                                    ORDER Defendant's Motion to Dismiss due 2/1/02 (signed by Judge Francis M. Allegra). Copy to parties. (LTD)
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                                                                      Blank -- Filed: 12/18/2001, Entered: 12/21/2001 Status Conference
                                                                      Status Conference held ( Transcript due 1/17/02 ) (DS)
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                                                                        Blank 18 Filed: 12/5/2001, Entered: 12/6/2001 OrderCourt Filing
                                                                        ORDER setting Status Conference for 2:00 p.m. on 12/18/01 (signed by Chief Judge Lawrence M. Baskir for Judge Francis M. Allegra). Copy to parties. (LTD)
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                                                                          Blank 17 Filed: 11/15/2001, Entered: 11/16/2001 Joint Preliminary Status Report
                                                                          JOINT PRELIMINARY STATUS REPORT. (FE)
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                                                                            Blank 16 Filed: 10/1/2001, Entered: 10/1/2001 Court Filing
                                                                            ORDER mooting [7-1] motion to reassign case to Judge Hodges (signed by Judge Francis M. Allegra). Copy to parties. (LTD)
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                                                                              Blank 15 Filed: 10/1/2001, Entered: 10/1/2001 Court Filing
                                                                              ORDER setting date Joint Preliminary Status Report due to 11/15/01 (signed by Judge Francis M. Allegra). Copy to parties. (LTD)
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                                                                                Blank 14 Filed: 9/26/2001, Entered: 9/27/2001 Terminated: Court Filing
                                                                                MOTION by USA (Service: 9/26/01) to Withdraw [7-1] report (included with Motion to Transfer case to Judge Hodges) by USA . Response due: 10/15/01. (LTD)
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                                                                                  Blank -- Filed: 9/26/2001, Entered: 9/27/2001 Set/Reset Deadlines:
                                                                                  Deadline updated; Response to [14-1] motion to Withdraw [7-1] report (included with Motion to Transfer case to Judge Hodges) by USA reset to 10/15/01 . (LTD)
                                                                                    LREF
                                                                                    Blank 13 Filed: 9/10/2001, Entered: 9/10/2001, Terminated: 9/10/2001 Motion to Substitute Attorney (Consented)
                                                                                    MOTION (Service: 9/10/01) to substitute attorney (consented) Terminated attorney Mark Francis Sommer for EMERALD INTERNATIONA Added Martin Jack Horwitz. Response due: 9/27/01. (LTD)
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                                                                                      Blank 12 Filed: 7/20/2001, Entered: 7/20/2001 Court Filing
                                                                                      ORDER re: Pursuant to plaintiff's motion filed July 18, 2001, this case is hereby stayed for ninety days (signed by Judge Francis M. Allegra). Copy to parties. (FE)
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                                                                                        Blank 10 Filed: 7/18/2001, Entered: 7/18/2001, Terminated: 12/13/2002 Motion for Miscellaneous Relief
                                                                                        MOTION by EMERALD INTERNATIONA (Service: 7/17/01) to hold proceeding in abeyance . Response due: 8/3/01. (FE)
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                                                                                          Blank 11 Filed: 7/17/2001, Entered: 7/20/2001 ~Notice (other)
                                                                                          NOTICE of intent to withdraw as counsel by EMERALD INTERNATIONA. Service: 7/16/01. (LTD)
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                                                                                            Blank 9 Filed: 7/16/2001, Entered: 7/16/2001, Terminated: 12/13/2002 Response to MotionCourt Filing
                                                                                            RESPONSE by EMERALD INTERNATIONA (Service: 7/13/01) to [7-1] motion to reassign case to Judge Hodges. Reply due: 7/27/01. (FE)
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                                                                                              Blank 8 Filed: 7/5/2001, Entered: 7/6/2001 OrderCourt Filing
                                                                                              ORDER Response to [7-1] motion to reassign case to Judge Hodges reset to 7/16/01 (signed by Judge Francis M. Allegra). Copy to parties. (FE)
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                                                                                                Blank 7 Filed: 7/2/2001, Entered: 7/3/2001 Terminated: Court Filing
                                                                                                MOTION by USA (Service: 6/29/01) to reassign case to Judge Hodges . Response due: 7/16/01 (included with status report and suggestions for further proceedings) (DS)
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                                                                                                  Blank 7 Filed: 7/2/2001, Entered: 7/3/2001 Status ReportCourt Filing
                                                                                                  STATUS REPORT and suggestions for further proceedings filed by USA. Service: 6/29/01 (also includes motion to transfer case to Judge Hodges) (DS)
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                                                                                                    Blank 6 Filed: 6/29/2001, Entered: 7/2/2001 Answer
                                                                                                    ANSWER to Complaint by USA. Service: 6/29/01. (LTD)
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                                                                                                      Blank 5 Filed: 6/5/2001, Entered: 6/5/2001
                                                                                                      NOTICE by EMERALD INTERNATIONA of related cases: (97-68 T, 97-317 T, 97-521 T, 98-414 T, 98-200 T). (FE)
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                                                                                                        Blank 4 Filed: 5/23/2001, Entered: 5/25/2001 Description not availableCourt Filing
                                                                                                        SPECIAL PROCEDURES ORDER of Judge Francis M. Allegra directing parties to confer with chambers and arrange for preliminary status conference; identifying timing and filing requirements for conference (with special requirements if defendant intends to proceed by motion in lieu of answer); precluding the filing of dispositive motions until the conference has been held; and establishing special procedures regarding, inter alia,mandatory disclosure, limitations on discovery, enlargements and the content of the joint preliminary status report. Copy to parties. (HW)
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                                                                                                          Blank 3 Filed: 5/22/2001, Entered: 5/23/2001 Notice of Appearance/
                                                                                                          NOTICE of Attorney Appearance for USA by Robert Charles Stoddart. Service: 5/22/01. (FE)
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                                                                                                            Blank 2 Filed: 4/30/2001, Entered: 5/1/2001 Case Assigned/ReassignedCourt Filing
                                                                                                            Notice of assignment to Judge Francis M. Allegra. Copy to parties. (FE)
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                                                                                                              Blank 1 Filed: 4/30/2001, Entered: 5/1/2001 Complaint
                                                                                                              COMPLAINT (Filed with Exhibits A & B), FILING FEE $150 RECEIPT #051664. Answer due on 6/29/01. (FE)
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