LIGHTNING, INC. v. USA
Federal Civil Lawsuit United States Court of Federal Claims, Case No. 1:00-cv-00762-RHH
District Judge Robert H. Hodges, Jr., presiding

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No Logo LIGHTNING, INC., Plaintiff

Toggle Switch Represented by Dickinson Wright PLLC

Name Phone Fax E-Mail
Space Dennis Jeffrey Whittlesey +1 202 659 6928 +1 202 659 1559 dwhittlesey@dickinsonwright.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 12/15/2000
Jury Demand
Demand $563000
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 Case '05-5117'[]
Def Custody Status
Flag REOPEN
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Legal Document 43 Filed: 8/18/2008, Entered: 9/11/2008 CAFC Mandate Reversing
MANDATE of CAFC reversing [36] Judgment, and Remanding to the U. S. Court of Federal Claims. (hw1, )
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    Blank 42 Filed: 5/18/2005, Entered: 8/26/2005 Terminated:
    CAFC Case Number 05-5117 for [40] Notice of Appeal filed by LIGHTNING, INC. (hw1, )
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      Blank 41 Filed: 5/13/2005, Entered: 5/16/2005 Terminated:
      NOTICE OF CROSS APPEAL by USA. Copy to the judge, opposing party and to CAFC. (hw1, )
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        Blank 40 Filed: 5/12/2005, Entered: 5/12/2005, Terminated: 8/18/2008 Notice of AppealCourt Filing
        NOTICE OF APPEAL as to [36] Judgment, by LIGHTNING, INC.. Filing fee $255 and receipt number 062892. Copies to Judge Robert H. Hodges, Jr., opposing party and CAFC. (dw1)
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          Blank 39 Filed: 3/30/2005, Entered: 4/4/2005 Order on Motion to Amend/CorrectCourt Filing
          ORDER granting [38] MOTION to Correct the Record. Signed by Judge Robert H. Hodges Jr. (mb2, )
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            Blank 38 Filed: 3/21/2005, Entered: 3/24/2005, Terminated: 3/30/2005 Terminated:
            MOTION to Correct the Record filed by USA.Service: 3/21/2005. Response due by 4/7/2005.(mb2, )
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              Blank 37 Filed: 3/17/2005, Entered: 3/17/2005
              CERTIFIED TRANSCRIPT OF JUDGMENT, dated March 14, 2005, forwarded to Dennis Jeffery Whittlesey, also certified copy of judgment, forwarded to Mr. Tommy Thompson, Tax Division of the Department of Justice. See letter in file. (bre,)
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                Blank 36 Filed: 3/14/2005, Entered: 3/14/2005
                JUDGMENT entered, pursuant to Rule 58, that the plaintiff recover of and from the United States the sum of $161,361.65, as set out in the attached Exhibit A. This judgment shall be paid without interest. All parties shall bear their own costs, including any possible attorneys' fees or other expenses of this litigation. (lld, )
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                  Blank 35 Filed: 3/9/2005, Entered: 3/11/2005 Stipulation
                  STIPULATION for entry of judgment filed by all parties. (dls )
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                    Blank 34 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 33 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 32 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 31 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 30 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 29 Filed: 1/29/2004, Entered: 2/3/2004 OrderCourt Filing
                              ORDER: We ask that the Clerk of Court dismiss with prejudice the claims for taxable quarters ending 3/31/1996 through 12/31/1998. The parties will bear their own costs. Signed by Judge Robert H. Hodges Jr. (jcp, )
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                                Blank 28 Filed: 1/22/2004, Entered: 1/28/2004 Stipulation of Dismissal
                                STIPULATION for Partial Dismissal With Prejudice by all parties. (jcp, )
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                                  Blank 27 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 26 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 LIGHTNING, INC. Filed by leave of the Judge. Service: 6/20/02 (JT)
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                                      Blank 25 Filed: 2/26/2002, Entered: 2/27/2002 Response
                                      SUR-REPLY by LIGHTNING, INC. to reply filed 1/7/02 by USA in 99-268T. Service: 2/25/02. (LTD)
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                                        Blank 24 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 23 Filed: 1/4/2002, Entered: 1/7/2002 Terminated:
                                          MOTION by LIGHTNING, INC. (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 22 Filed: 11/2/2001, Entered: 11/5/2001 Statement of Genuine IssuesCourt Filing
                                            STATEMENT OF GENUINE ISSUES by LIGHTNING, INC. Service: 10/22/01. Filed by leave of the Judge. (FE)
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                                              Blank 21 Filed: 11/2/2001, Entered: 11/5/2001 Response to MotionCourt Filing
                                              RESPONSE by LIGHTNING, INC. (Service: 10/22/01 ) to cross motion file in 99-268T by USA. Filed by leave of the Judge. (FE)
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                                                Blank 20 Filed: 8/31/2001, Entered: 8/31/2001
                                                PROPOSED FINDINGS of Uncontroverted Fact by LIGHTNING, INC. Service: 8/31/01. (LTD)
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                                                  Blank 19 Filed: 8/31/2001, Entered: 8/31/2001, Terminated: 3/14/2005 Motion for Summary Judgment
                                                  MOTION by LIGHTNING, INC. (Service: 8/31/01) for Summary Judgment . Response due: 10/1/01. (LTD)
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                                                    Blank 18 Filed: 8/22/2001, Entered: 8/23/2001 Amended Complaint
                                                    AMENDED COMPLAINT by LIGHTNING, INC. (Answer due 9/4/01 ) amending [1-1] complaint Service: 8/16/01 (HW)
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                                                      Blank 17 Filed: 8/22/2001, Entered: 8/23/2001 OrderCourt Filing
                                                      ORDER granting [16-2] motion for Leave to file 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 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 amended answer reset to 9/4/01 . (LTD)
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                                                            Blank 15 Filed: 8/15/2001, Entered: 8/16/2001 Response
                                                            RESPONSE (report on the nature and extent of possible IRS audits) by USA pursuant to [14-4] order. Service: 8/15/01 (HW)
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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: 6/20/2001, Entered: 6/22/2001 Case Assigned/ReassignedCourt Filing
                                                                  Notice of reassignment to Judge Robert H. Hodges . Copy to parties. (DS)
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                                                                    Blank 11 Filed: 5/21/2001, Entered: 5/22/2001 Transcript
                                                                    TRANSCRIPT of proceedings re: Status Conference, 1 volume (9 pages), at Washington, D.C., for date of April 20, 2001. Notice to parties. (FE) Modified on 05/22/2001
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                                                                      Blank 10 Filed: 4/20/2001, Entered: 4/23/2001 OrderCourt Filing
                                                                      ORDER re: This matter is stayed pending disposition of the petition for writ of certiorari filed in the related case, No. 00-360, within thirty days of the decision regarding the petition, the parties shall file a joint status report with the Court proposing further proceedings in this case ( signed by Judge Emily C. Hewitt). Copy to parties. (FE)
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                                                                        Blank -- Filed: 4/20/2001, Entered: 4/25/2001 Status Conference
                                                                        Status Conference held ( Transcript due 5/21/01 ) (DS)
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                                                                          Blank 9 Filed: 4/4/2001, Entered: 4/4/2001 Court Filing
                                                                          ORDER Preliminary Status Conference for 10:00 a.m. 4/20/01 , in the National Courts Building, 717 Madison Place, N.W., Washington, D.C. (signed by Judge Emily C. Hewitt). Copy to parties. (FE)
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                                                                            Blank 8 Filed: 4/2/2001, Entered: 4/3/2001 Joint Preliminary Status ReportCourt Filing
                                                                            JOINT PRELIMINARY STATUS REPORT, filed by leave of the Judge. (HW)
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                                                                              Blank 7 Filed: 4/2/2001, Entered: 4/3/2001 OrderCourt Filing
                                                                              ORDER directing the clerk of the court to file the jpsr by leave of the court ( signed by Judge Emily C. Hewitt ). Copy to parties. (HW)
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                                                                                Blank 6 Filed: 2/13/2001, Entered: 2/14/2001 Answer
                                                                                ANSWER to Complaint by USA. Service: 2/13/01 ( JPSR due 4/2/01 ) (HW)
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                                                                                  Blank 5 Filed: 1/5/2001, Entered: 1/5/2001 Court Filing
                                                                                  ORDER re: Special Procedures (signed by Judge Emily C. Hewitt). Copy to parties. (FE)
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                                                                                    Blank 4 Filed: 1/4/2001, Entered: 1/5/2001 Notice of Appearance/
                                                                                    NOTICE of Attorney Appearance for USA by Robert Charles Stoddart. Service : 1/4/01 (DS)
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                                                                                      Blank 3 Filed: 12/15/2000, Entered: 12/15/2000
                                                                                      NOTICE by LIGHTNING, INC. of related cases. (FE)
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                                                                                        Blank 2 Filed: 12/15/2000, Entered: 12/15/2000 Court Filing
                                                                                        Notice of assignment to Judge Emily C. Hewitt. Copy to parties. (FE)
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                                                                                          Blank 1 Filed: 12/15/2000, Entered: 12/15/2000
                                                                                          COMPLAINT, FILING FEE $120, RECEIPT #050949. Answer due on 2/13/01. (FE)
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