DRUMMOND COMPANY v. USA
Federal Civil Lawsuit United States Court of Federal Claims, Case No. 1:01-cv-00421-CCM
District Judge Christine O.C. Miller, presiding

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No Logo Drummond Company, Inc., Plaintiff

Toggle Switch Represented by Hunton & Williams LLP

Name Phone Fax E-Mail
Space Robert Martin Rolfe +1 804 788 8200 rrolfe@hunton.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 7/20/2001
Jury Demand
Demand $332000
Nature of Suit 206 - Tax - Excise
Cause Section 28 U.S.C. § 1491 Tucker Act
Jurisdiction U.S. Government Defendant
Disposition Dismissed
County
Terminated 5/21/2008
Origin 1
Reopened None
Lead Case None
Related Case
Other Court Case None
Def Custody Status
Flags CLOSED, ECF
  Entries (56) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document 53 Filed: 5/21/2008, Entered: 5/21/2008
JUDGMENT entered, pursuant to Rule 58, dismissing the complaint, without prejudice for lack of subject matter jurisdiction. (dls)
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    Legal Document 52 Filed: 5/21/2008, Entered: 5/21/2008 Court Filing
    ORDER Directing the Clerk of the Court to dismiss the case for lack of subject matter jurisdiction. RCFC 41(a)(1). See [51]. Signed by Judge Christine O.C. Miller. (smg)
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      Legal Document 51 Filed: 5/19/2008, Entered: 5/19/2008
      JOINT STATUS REPORT, filed by all parties. (Stoddart, Robert)
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        Legal Document 50 Filed: 5/5/2008, Entered: 5/5/2008 Court Filing
        ORDER Granting [49] Motion for Leave to File Status Report Out of Time. A Joint Status Report shall be filed by May 19, 2008, stating status of any motion for rehearing in Clintwood Elkhorn Mining case or advising whether entry of judgment may enter for dismissal without prejudice for lack of subject matter jurisdiction. Signed by Judge Judge Christine O.C. Miller. (smg)
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          Legal Document 49 Filed: 5/2/2008, Entered: 5/2/2008, Terminated: 5/5/2008 Motion for Leave to File Out of Time
          Joint MOTION for Leave to File Attached Joint Status Report and Motion for Continued Suspension Out of Time, filed by DRUMMOND COMPANY, INC., USA.Response due by 5/19/2008. (Attachments: # (1) Joint Status Report and Motion for Continued Suspension)(Stoddart, Robert)
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          Legal Document 48 Filed: 12/13/2007, Entered: 12/13/2007 Court Filing
          ORDER - Continuing the stay pending further order of court; a Joint Status Report within 15 days of a decision by the Supreme Court in the Clintwood Elkhorn case. Signed by Judge Christine O.C. Miller. (smg)
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            Legal Document 47 Filed: 12/11/2007, Entered: 12/11/2007
            JOINT STATUS REPORT and Motion for Continued Suspension, filed by all parties. (Stoddart, Robert)
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              Legal Document 46 Filed: 9/14/2007, Entered: 9/14/2007 Court Filing
              ORDER - Granting Motion for Continued Stay pending further order of the court. Joint Status Report within 15 days of a decision by the Supreme Court in Clintwood Elkhorn Mining Co. If defendant's petition is denied, the parties shall propose a schedule for further proceedings. Signed by Judge Christine O.C. Miller. (smg)
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                Legal Document 45 Filed: 9/11/2007, Entered: 9/11/2007
                JOINT STATUS REPORT, filed by all parties. (Stoddart, Robert)
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                  Legal Document 44 Filed: 9/4/2007, Entered: 9/4/2007, Terminated: 9/4/2007 Motion for Extension of Time
                  Joint MOTION for Extension of Time until 9/11/2007 to to file a joint status report, filed by USA.Response due by 9/21/2007.(Stoddart, Robert)
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                    Blank -- Filed: 9/4/2007, Entered: 9/4/2007
                    ORDER granting [44] Defendant's Unopposed Motion for Extension of Time to Sept. 11, 2007, within which to file the Joint Status Report. Signed by Judge Christine O.C. Miller. (smg)
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                      Blank -- Filed: 9/4/2007, Entered: 9/4/2007
                      ORDER - Pursuant to the Joint Status Report and Motion for Continued Suspension filed in this case on August 31, 2007, a Joint Status Report shall be filed by September 10, 2007, regarding the status of filing a petition for certiorari in Clintwood Elkhorn Mining, and if not, proposing a course for further proceedings. Signed by Judge Christine O.C. Miller. (smg)
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                        Legal Document 43 Filed: 8/31/2007, Entered: 8/31/2007
                        JOINT STATUS REPORT and Motion for Continued Suspension, filed by all parties. (Stoddart, Robert)
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                          Legal Document 42 Filed: 7/13/2007, Entered: 7/13/2007 Court Filing
                          ORDER - The parties' joint motion for continued suspension in connection with their status report filed on July 12, 2007, is granted. Joint Status Report by Nov. 23, 2007, re status of final judgment in Clintwood Elkhorn case. Signed by Judge Christine O.C. Miller.(smg)
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                            Legal Document 41 Filed: 7/12/2007, Entered: 7/12/2007
                            JOINT STATUS REPORT and Motion for Continued Suspension, filed by all parties. (Stoddart, Robert)
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                              Legal Document 40 Filed: 6/27/2007, Entered: 6/27/2007 Court Filing
                              ORDER LIFTING STAY - Pursuant to the mandate in Clintwood Elkhorn Mining Co. v. United States, Nos. 04-5155 & -5156 (Fed.Cir. May 4, 2007), and para. 3 of the order entered on Oct. 5, 2004, a Joint Status Report shall be filed by July 12, 2007, proposing a course of further proceedings. Signed by Judge Christine O.C. Miller. (smg)
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                                Legal Document 39 Filed: 8/28/2006, Entered: 8/28/2006
                                NOTICE of Designation of Electronic Case. (lg1, )
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                                  Blank 38 Filed: 8/28/2006, Entered: 8/28/2006 Court Filing
                                  ORDER directing the Clerk to designate this case as an electronic (ECF) case. All future filings will be in electronic form. Signed by Judge Christine O.C. Miller. (lg1, )
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                                    Blank 37 Filed: 10/5/2004, Entered: 10/6/2004 Order on Motion to StayCourt Filing
                                    ORDER granting [36] Motion to Stay. Signed by Judge Christine O.C. Miller. (dw1)
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                                      Blank 36 Filed: 9/30/2004, Entered: 10/4/2004, Terminated: 10/5/2004 Terminated:
                                      JOINT MOTION for Continued Suspension of Proceedings by DRUMMOND COMPANY, INC., USA.Service: 9/30/2004. Response due by 10/18/2004. (jcp, )
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                                        Blank 35 Filed: 7/14/2004, Entered: 7/19/2004 Order on Motion to StayCourt Filing
                                        ORDER: The [34] Joint Motion for Extension of Time is granted nunc pro tunc to 7/8/2004, and the [33] Joint Motion for Continued Suspencion of Proceedings is granted this date. The suspension orderd on 7/7/2004, is extended to 9/30/2004. Signed by Judge Christine O.C. Miller. (jcp, )
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                                          Blank 34 Filed: 7/8/2004, Entered: 7/13/2004, Terminated: 7/14/2004 Terminated:
                                          JOINT MOTION for Extension of Time until 7/8/2004 to file Joint Motion for Continued Suspension of Proceedings, by DRUMMOND COMPANY, INC., USA.Service: 7/8/2004. Response due by 7/26/2004. (jcp, )
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                                            Blank 33 Filed: 7/8/2004, Entered: 7/13/2004 Terminated:
                                            JOINT MOTION for Continued Suspension of Proceedings, by DRUMMOND COMPANY, INC., USA.Service: 7/8/2004. Response due by 7/26/2004. (jcp, )
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                                              Blank 32 Filed: 7/7/2004, Entered: 7/9/2004 Notice of Appearance/
                                              NOTICE of Appearance by Robert Charles Stoddart for USA. Service: 7/7/2004.(jcp, )
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                                                Blank 31 Filed: 7/7/2003, Entered: 7/9/2003 Order on Motion to StayCourt Filing
                                                ORDER:Further to the Stipulation as to Principal Amount of Recovery of Damages by Pltf and Joint Motion to Suspend Proceedings filed on 6/27/03, 1) The court accepts the parties' stipulation filed on 6/27/03, as to liability in the principal sum of $331,678.00, and the other terms set forth in the stipulation. 2) The parties' motion to suspend proceedings and not to enter a final judgment until they notify the court that a final decision(s) on damages has been issued to which the parties agreed to be bound and which address the four issues set forth in paragraph 2 of their [30] Joint Motion to Stay is granted. 3) Within 30 days of any such decision(s), the parties shall file a Joint Status Report advising the court that judgment may enter in this case. The suspension may not extend longer than 6/1/04, absent further order of the court issued upon joint motion of the parties. Signed by Judge Christine O.C. Miller. (jcp, )
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                                                  Blank 30 Filed: 6/27/2003, Entered: 7/1/2003, Terminated: 7/7/2003 Terminated:
                                                  Joint MOTION to Suspend Proceedings and Stipulation as to Principal Amount for Recovery of Damages by Pltf by DRUMMOND COMPANY, INC., UNITED STATES. Response due by 7/14/2003 (jcp, )
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                                                    Blank 30 Filed: 6/27/2003, Entered: 7/1/2003, Terminated: 7/7/2003 Stipulation
                                                    STIPULATION as to Principal Amount for Recovery of Damages by Pltf and Joint Motion to Suspend Proceedings by DRUMMOND COMPANY, INC., UNITED STATES. (jcp, )
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                                                      Blank 29 Filed: 5/1/2003, Entered: 5/2/2003 Order on Motion for Extension of Time to FileCourt Filing
                                                      ORDER granting [28] Motion for Extension of Time and granting [28] Motion to Stay. Parties stipulation for entry of judgment due by 7/1/2003. Signed by Judge Christine O.C. Miller. (dw1, )
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                                                        Blank 28 Filed: 4/30/2003, Entered: 5/2/2003, Terminated: 5/1/2003 Terminated:
                                                        MOTION for Extension of Time (until July 1, 2003) to file stipulation and MOTION to Stay Proceedings by The United States.Service: 4/30/03. Response due by 5/19/2003. (dw1, )
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                                                          Blank 27 Filed: 3/7/2003, Entered: 3/10/2003 OrderCourt Filing
                                                          ORDER granting [26-1] motion to Extend Time within which to file stipulation for entry of judgment by 5/1/03 (signed by Judge Christine O. C. Miller). Copy to parties. (FE)
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                                                            Blank 26 Filed: 2/25/2003, Entered: 3/4/2003, Terminated: 3/7/2003 Terminated:
                                                            MOTION by USA (Service : 2/25/03 ) to Extend Time within which to file stipulation for entry of judgment , (until May 1, 2003). Response due: 3/14/03 (HW)
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                                                              Blank 25 Filed: 2/5/2003, Entered: 2/13/2003 OrderCourt Filing
                                                              ORDER Parties shall file a stipulation for entry of judgment by 2/28/03 (signed by Judge Christine O. C. Miller). Copy to parties. (FE)
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                                                                Blank 24 Filed: 1/31/2003, Entered: 2/10/2003 Status Report
                                                                Joint STATUS REPORT by USA. Service: 1/31/03 (HW)
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                                                                  Blank 23 Filed: 1/17/2003, Entered: 1/24/2003 Status Report/OrderCourt Filing
                                                                  STATUS REPORT ORDER. Joint Status report due 1/31/03 (signed by Judge Christine O. C. Miller). Copy to parties. (LTD)
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                                                                    Blank 22 Filed: 1/15/2003, Entered: 1/17/2003 Status Report
                                                                    Joint STATUS REPORT by USA. Service: 1/15/03 (HW)
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                                                                      Blank 21 Filed: 12/12/2002, Entered: 12/16/2002 OrderCourt Filing
                                                                      ORDER, re: status report (signed by Judge Christine O. C. Miller). Copy to parties. (LTD)
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                                                                        Blank 20 Filed: 12/3/2002, Entered: 12/6/2002 Status Report
                                                                        STATUS REPORT by USA. Service: 12/3/02. (HW)
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                                                                          Blank 19 Filed: 11/21/2002, Entered: 11/25/2002 Status Report
                                                                          STATUS REPORT by USA. Service: 11/21/02. (LTD)
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                                                                            Blank 18 Filed: 10/16/2002, Entered: 10/18/2002 Status Report/OrderCourt Filing
                                                                            STATUS REPORT ORDER. Joint Status report due 1/16/03 (signed by Judge Christine O. C. Miller). Copy to parties. (LTD)
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                                                                              Blank 17 Filed: 10/7/2002, Entered: 10/9/2002 Status Report
                                                                              JOINT STATUS REPORT by USA. Service: 10/7/02 (JT)
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                                                                                Blank 16 Filed: 8/8/2002, Entered: 8/9/2002 Status Report/OrderCourt Filing
                                                                                STATUS REPORT ORDER. Joint Status report due 10/8/02 (signed by Judge Christine O. C. Miller). Copy to parties. (LTD)
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                                                                                  Blank 15 Filed: 8/6/2002, Entered: 8/7/2002 Status Report
                                                                                  JOINT STATUS REPORT by USA. Service: 8/6/02. (FE)
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                                                                                    Blank 14 Filed: 6/19/2002, Entered: 6/20/2002 Notice of Appearance/
                                                                                    NOTICE of Attorney Appearance for USA by Robert N. Dorosin. Service :6/19/02 (AB)
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                                                                                      Blank 13 Filed: 6/7/2002, Entered: 6/11/2002 OrderCourt Filing
                                                                                      ORDER directing the parties to file a joint Status Report by deadline of 8/6/02 ( signed by Acting Chief Judge Nancy B. Firestone for Judge Christine O. C. Miller ) Copy to parties. (HW)
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                                                                                        Blank 12 Filed: 6/7/2002, Entered: 6/11/2002 Status Report
                                                                                        Joint STATUS REPORT by USA. Service: 6/7/02 (HW)
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                                                                                          Blank 11 Filed: 6/6/2002, Entered: 6/7/2002 Terminated:
                                                                                          JOINT MOTION by USA (Service : 6/6/02 ) for Leave to File out of time a joint status report Response due: 6/24/02 (JT) Modified on 06/07/2002
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                                                                                            Blank 10 Filed: 4/1/2002, Entered: 4/2/2002 Status Report/OrderCourt Filing
                                                                                            STATUS REPORT ORDER. Defendant's Status report due 5/24/02 (signed by Judge Christine O. C. Miller). Copyto parties. (LTD)
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                                                                                              Blank 9 Filed: 3/29/2002, Entered: 4/2/2002 Status Report
                                                                                              JOINT STATUS REPORT filed by USA. Service: 3/28/02 (DS)
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                                                                                                Blank 8 Filed: 1/29/2002, Entered: 1/29/2002 Court Filing
                                                                                                STATUS REPORT ORDER. Defendant's Status report due 3/29/02 (signed by Chief Judge Lawrence M. Baskir). Copy to parties. (LTD)
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                                                                                                  Blank 7 Filed: 1/25/2002, Entered: 1/28/2002 Status Report
                                                                                                  JOINT STATUS REPORT filed by USA. Service: 1/25/02 (DS)
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                                                                                                    Blank 6 Filed: 11/6/2001, Entered: 11/7/2001 Status Report/OrderCourt Filing
                                                                                                    STATUS REPORT ORDER. Joint Status report due 1/25/02 (signed by Judge Christine O. C. Miller). Copy to parties. (LTD)
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                                                                                                      Blank 5 Filed: 11/5/2001, Entered: 11/6/2001 Joint Preliminary Status Report
                                                                                                      JOINT PRELIMINARY STATUS REPORT (DS)
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                                                                                                        Blank 4 Filed: 9/18/2001, Entered: 9/19/2001 Answer
                                                                                                        ANSWER to Complaint by USA Service: 9/18/01 (JPSR due 11/5/01) (FE)
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                                                                                                          Blank 3 Filed: 8/15/2001, Entered: 8/16/2001 Notice of Appearance/
                                                                                                          NOTICE of Attorney Appearance for USA by Rozella Ann Oliver. Service : 8/15/01. (HW)
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                                                                                                            Blank 2 Filed: 7/20/2001, Entered: 7/20/2001 Court Filing
                                                                                                            Notice of assignment to Judge Christine O.C. Miller. Copy to parties. (FE)
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                                                                                                              Blank 1 Filed: 7/20/2001, Entered: 7/20/2001
                                                                                                              COMPLAINT, FILING FEE $150, RECEIPT #052081. Answer due on 9/18/01. (FE)
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