POWDER RIVER COAL v. USA
Federal Civil Lawsuit United States Court of Federal Claims, Case No. 1:01-cv-00422-RHH
District Judge Robert H. Hodges, Jr., presiding

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No Logo POWDER RIVER 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 7/23/2001
Jury Demand
Demand $50000
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 8/19/2008
Lead Case None
Related Case
Other Court Cases '05-5114'[], '05-5176'[]
Def Custody Status
Flag REOPEN
  Entries (39) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document 39 Filed: 8/18/2008, Entered: 9/11/2008 CAFC Mandate Reversing
MANDATE of CAFC reversing [30] Judgment, and Remanding to the U. S. Court of Federal Claims. (hw1, )
    LREF
    Blank 38 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 37 Filed: 7/13/2005, Entered: 7/20/2005 Terminated:
      CAFC Case Number 05-5176 for [35] Notice of Cross Appeal filed by USA.(hw1, )
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        Blank 36 Filed: 5/18/2005, Entered: 5/18/2005, Terminated: 8/18/2008 CAFC Case Number
        CAFC Case Number 05-5114 for [33] Notice of Appeal filed by POWDER RIVER COAL COMPANY. (hw1, )
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          Blank 35 Filed: 4/29/2005, Entered: 5/4/2005 Terminated: Court Filing
          NOTICE OF CROSS APPEAL by USA. Copies to the Judge, opposing party and CAFC. (hw1, )
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            Blank 33 Filed: 4/28/2005, Entered: 4/28/2005, Terminated: 8/18/2008 Notice of Appeal
            NOTICE OF APPEAL by POWDER RIVER COAL COMPANY. Filing fee $ 255, receipt number 062794. Copies to judge, opposing party and CAFC. (hw1, )
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              Blank 34 Filed: 4/26/2005, Entered: 4/28/2005 Order on Motion to Amend/CorrectCourt Filing
              ORDER granting [32] Motion to Correct the Record. Signed by Judge Robert H. Hodges Jr. (mb2, )
                LREF
                Blank 32 Filed: 4/21/2005, Entered: 4/25/2005, Terminated: 4/26/2005 Terminated:
                MOTION to Correct the Record, filed by USA. Service: 4/21/2005. Response due by 5/9/2005. (mb2, )
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                  Blank 31 Filed: 3/11/2005, Entered: 3/11/2005
                  CERTIFIED TRANSCRIPT OF JUDGMENT, dated March 4, 2005, forwarded to Steven Harlan Becker, also certified copy of judgment, forwarded to Tommy Thompson, Tax Division, of the Department of Justice. See letter in file. (bre,)
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                    Blank 30 Filed: 3/4/2005, Entered: 3/4/2005
                    JUDGMENT entered, pursuant to Rule 58, that the plaintiff recover of and from the United States the sum of $510,963.47, as set forth on the attached Exhibit A. This judgment shall be paid without interest. The parties shall bear their own costs, including any possible attorneys' fees or other expenses of this litigation. (lld, )
                      LREF
                      Blank 29 Filed: 3/3/2005, Entered: 3/3/2005
                      STIPULATION for entry of judgment (captioned Stipulated Judgment) filed by all parties. (dls )
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                        Blank 28 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 27 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, )
                            LREF
                            Blank 26 Filed: 1/21/2005, Entered: 1/25/2005 Joint Status Report
                            JOINT STATUS REPORT by USA. Service: 01/21/05.(mb2, )
                              LREF
                              Blank 25 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 24 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 23 Filed: 3/15/2004, Entered: 3/16/2004 Joint Status Report
                                  JOINT STATUS REPORT by all parties. Service: 3/12/2004.(jcp, )
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                                    Blank 22 Filed: 2/4/2004, Entered: 2/9/2004 OrderCourt Filing
                                    ORDER: The partiesreport that they will reach a final position on settlement no later than March 15. We will consider the status of this case going forward then. Signed by Judge Robert H. Hodges Jr. (jcp, )
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                                      Blank 21 Filed: 1/28/2004, Entered: 2/2/2004 Joint Status Report
                                      JOINT STATUS REPORT by all parties. Service: 1/28/2004.(jcp, )
                                        LREF
                                        Blank 20 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 19 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 POWDER RIVER COAL. Filed by leave of the Judge. Service: 6/20/02 (JT)
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                                            Blank 18 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 17 Filed: 2/26/2002, Entered: 2/27/2002 Response
                                              SUR-REPLY by POWDER RIVER COAL to reply filed 1/7/02 in 99-268T. Service: 2/25/02. (LTD)
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                                                Blank 16 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 15 Filed: 1/4/2002, Entered: 1/7/2002 Terminated:
                                                  MOTION by USA (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 14 Filed: 11/2/2001, Entered: 11/5/2001 Statement of Genuine IssuesCourt Filing
                                                    STATEMENT OF GENUINE ISSUES by POWDER RIVER COAL Service: 10/22/01. Filed by leave of the Judge. (FE)
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                                                      Blank 13 Filed: 11/2/2001, Entered: 11/5/2001 Response to MotionCourt Filing
                                                      RESPONSE by POWDER RIVER COAL (Service: 10/22/01 ) to cross motion filed in 99-268T by USA. Filed by leave of the Judge. (FE)
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                                                        Blank 12 Filed: 10/31/2001, Entered: 11/2/2001 Joint Preliminary Status Report
                                                        JOINT PRELIMINARY STATUS REPORT (LTD)
                                                          LREF
                                                          Blank 11 Filed: 9/21/2001, Entered: 9/24/2001 Answer
                                                          ANSWER to Complaint by USA. Service: 9/21/01. (LTD)
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                                                            Blank 10 Filed: 8/31/2001, Entered: 8/31/2001
                                                            PROPOSED FINDINGS of Uncontroverted Fact by POWDER RIVER COAL. Service: 8/31/01. (LTD)
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                                                              Blank 9 Filed: 8/31/2001, Entered: 8/31/2001, Terminated: 3/4/2005 Motion for Summary Judgment
                                                              MOTION by POWDER RIVER COAL (Service: 8/31/01) for Summary Judgment . Response due: 10/1/01. (LTD)
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                                                                Blank 8 Filed: 8/22/2001, Entered: 8/23/2001 OrderCourt Filing
                                                                ORDER regarding further procedures ( signed by Judge Robert H. Hodges ) Copy to parties. (HW)
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                                                                  Blank 7 Filed: 8/15/2001, Entered: 8/16/2001 Status Report
                                                                  STATUS REPORT by USA. Service: 8/15/01. (FE)
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                                                                    Blank 6 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 5 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 defednant's motion to notify other parties is denied (signed by Judge Robert H. Hodges). Copy to parties. (FE)
                                                                        LREF
                                                                        Blank 4 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 3 Filed: 7/23/2001, Entered: 7/23/2001
                                                                          NOTICE by POWDER RIVER COAL of related cases: (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, 00-243 T, 00-249 T). (FE)
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                                                                            Blank 2 Filed: 7/23/2001, Entered: 7/23/2001 Court Filing
                                                                            Notice of assignment to Judge Robert H. Hodges. Copy to parties. (FE)
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                                                                              Blank 1 Filed: 7/23/2001, Entered: 7/23/2001
                                                                              COMPLAINT, FILING FEE $150, RECEIPT #052095. Answer due on 9/21/01. (FE)
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