OMAR MINING COMPANY v. USA
Federal Civil Lawsuit United States Court of Federal Claims, Case No. 1:01-cv-00423-RHH
District Judge Robert H. Hodges, Jr., presiding

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No Logo INDEPENDENCE COAL COMPANY, INC., 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 OMAR 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 STIRRAT 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 1
Reopened None
Lead Case None
Related Case
Other Court Case '06-5140'[]
Def Custody Status
  Entries (40) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Blank 39 Filed: 8/18/2008, Entered: 9/11/2008 CAFC Mandate Reversing
MANDATE of CAFC reversing [32] Unpublished Opinion/Order, and Remanding back to the U.S. Court of Federal Claims. (hw1, )
    LREF
    Blank 37 Filed: 9/29/2006, Entered: 10/3/2006 Terminated:
    CAFC Case Number 06-5145 for [36] Notice of Cross Appeal filed by USA. (hw1, )
      LREF
      Blank 36 Filed: 9/28/2006, Entered: 9/29/2006 Terminated: Court Filing
      NOTICE OF CROSS APPEAL, filed by USA. Copies to opposing party, Judge and CAFC. (hw1, )
        LREF
        Blank 38 Filed: 9/27/2006, Entered: 10/3/2006 Terminated:
        CAFC Case Number 06-5140 for [36] Notice of Cross Appeal filed by USA.(hw1, )
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          Blank 35 Filed: 9/25/2006, Entered: 9/25/2006, Terminated: 8/18/2008 Notice of Appeal
          NOTICE OF APPEAL, filed by OMAR MINING COMPANY, INDEPENDENCE COAL COMPANY, INC., STIRRAT COAL COMPANY. Filing fee $ 455, receipt number 065469. Copies to judge, opposing party and CAFC. (hw1, )
            LREF
            Blank 34 Filed: 9/13/2006, Entered: 9/14/2006 Certified Transcript to Attorney
            CERTIFIED TRANSCRIPT OF JUDGMENT, dated August 31, 2006, 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, )
              LREF
              Blank 33 Filed: 8/31/2006, Entered: 8/31/2006
              JUDGMENT entered, as provided in Rule 54(b), that plaintiff Omar Mining Co., is awarded $770,307.33 and Independence Coal, Inc., is awarded $92,231.84. 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, )
                LREF
                Blank 32 Filed: 8/31/2006, Entered: 8/31/2006 Court Filing
                ORDER directing the clerk to enter judgment, as there is no just reason for delay, in favor of Omar Mining Co. in the amount of $770,307.33 and Independence Coal, Inc., in the amount of $92,231.84. Signed by Judge Robert H. Hodges Jr. (lld, )
                  LREF
                  Blank 31 Filed: 8/29/2006, Entered: 8/30/2006 Stipulation
                  STIPULATION of Facts As to Amount of Judgment, filed by all parties. (mij, )
                    LREF
                    Blank 30 Filed: 10/24/2005, Entered: 10/24/2005
                    NOTICE of Change of Address by Steven Harlan Becker. Service: 10/18/2005.(hw1, )
                      LREF
                      Blank 29 Filed: 2/25/2005, Entered: 2/28/2005 Joint Status Report
                      JOINT STATUS REPORT by USA. Service: 2/25/2005.(mb2, )
                        LREF
                        Blank 28 Filed: 1/26/2005, Entered: 1/28/2005 Status Report/OrderCourt Filing
                        STATUS REPORT ORDER: Status Report due by 02/25/05. Signed by Judge Robert H. Hodges Jr. (mb2, )
                          LREF
                          Blank 27 Filed: 1/21/2005, Entered: 1/25/2005 Joint Status Report
                          JOINT STATUS REPORT by USA. Service: 01/21/05.(mb2, )
                            LREF
                            Blank 26 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, )
                              LREF
                              Blank 25 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, )
                                LREF
                                Blank 24 Filed: 9/3/2003, Entered: 9/8/2003 Answer
                                FIRST AMENDED ANSWER to [23] First Amended Complaint by USA.Service: 9/3/03. JPSR due by 10/27/2003.(jcp, )
                                  LREF
                                  Blank 23 Filed: 8/21/2003, Entered: 8/22/2003 Amended Complaint
                                  FIRST AMENDED COMPLAINT. Service: 8/21/03.(jcp, )
                                    LREF
                                    Blank -- Filed: 8/21/2003, Entered: 8/22/2003 Add and Terminate Attorneys
                                    ***Attorney Steven Harlan Becker for INDEPENDENCE COAL COMPANY, INC. and STIRRAT COAL COMPANY added. (jcp, )
                                      LREF
                                      Blank 22 Filed: 8/13/2003, Entered: 8/18/2003 Order on Motion to Amend/CorrectCourt Filing
                                      ORDER granting [21] Pltfs' Consent Motion for Leave of Court to File an Amended Complaint to Include Additional Plainitff. Signed by Judge Robert H. Hodges Jr. (jcp, )
                                        LREF
                                        Blank 21 Filed: 7/25/2003, Entered: 7/28/2003, Terminated: 8/13/2003 Terminated:
                                        CONSENT MOTION for Leave of Court to File an Amended [1] Complaint to Include Additional Pltf (Independence Coal Company) by OMAR MINING COMPANY.Service: 7/25/03. Response due by 8/11/2003. (jcp, )
                                          LREF
                                          Blank 20 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 OMAR MINING COMPANY. Filed by leave of the Judge. Service: 6/20/02 (JT)
                                            LREF
                                            Blank 19 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)
                                              LREF
                                              Blank 18 Filed: 2/26/2002, Entered: 2/27/2002 Response
                                              SUR-REPLY by OMAR MINING COMPANY to reply filed 1/7/02 by USA in 99-268T. Service: 2/25/02. (LTD)
                                                LREF
                                                Blank 17 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 fo the Judge. (LTD)
                                                  LREF
                                                  Blank 16 Filed: 1/4/2002, Entered: 1/7/2002 Motion for Leave to File
                                                  MOTION by OMAR MINING COMPANY (Service: 1/4/02) for Leave to file a brief in response to Defendant's additional brief . Response due: 1/22/02. (LTD)
                                                    LREF
                                                    Blank 15 Filed: 11/2/2001, Entered: 11/5/2001 Statement of Genuine IssuesCourt Filing
                                                    STATEMENT OF GENUINE ISSUES by OMAR MINING COMPANY Service: 10/22/01. Filed by leave of the Judge. (FE)
                                                      LREF
                                                      Blank 14 Filed: 11/2/2001, Entered: 11/5/2001 Response to MotionCourt Filing
                                                      RESPONSE by OMAR MINING COMPANY (Service: 10/22/01 ) to cross motion filed in 99-268T by USA. Filed by leave of the Judge. (FE)
                                                        LREF
                                                        Blank 13 Filed: 10/31/2001, Entered: 11/2/2001 Joint Preliminary Status Report
                                                        JOINT PRELIMINARY STATUS REPORT. (LTD)
                                                          LREF
                                                          Blank 12 Filed: 9/21/2001, Entered: 9/24/2001 Answer
                                                          ANSWER to Complaint by USA. Service: 9/21/01 ( JPSR due 11/8/01 ) (FE)
                                                            LREF
                                                            Blank 11 Filed: 9/10/2001, Entered: 9/10/2001
                                                            NOTICE of additional Plaintiffs by OMAR MINING COMPANY. Service: 9/7/01. (LTD)
                                                              LREF
                                                              Blank 10 Filed: 8/31/2001, Entered: 8/31/2001
                                                              PROPOSED FINDINGS of Uncontroverted Fact by OMAR MINING COMPANY. Service: 8/31/01. (LTD)
                                                                LREF
                                                                Blank 9 Filed: 8/31/2001, Entered: 8/31/2001
                                                                MOTION by OMAR MINING COMPANY (Service: 8/31/01) for Summary Judgment . Response due: 10/1/01. (LTD)
                                                                  LREF
                                                                  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)
                                                                    LREF
                                                                    Blank 7 Filed: 8/15/2001, Entered: 8/16/2001 Status Report
                                                                    STATUS REPORT by USA. Service: 8/15/01. (FE)
                                                                      LREF
                                                                      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)
                                                                        LREF
                                                                        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 defendant'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)
                                                                            LREF
                                                                            Blank 3 Filed: 7/23/2001, Entered: 7/23/2001
                                                                            NOTICE by OMAR MINING COMPANY of related case: (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)
                                                                              LREF
                                                                              Blank 2 Filed: 7/23/2001, Entered: 7/23/2001 Court Filing
                                                                              Notice of assignment to Judge Robert H. Hodges. Copy to parties. (FE)
                                                                                LREF
                                                                                Blank 1 Filed: 7/23/2001, Entered: 7/23/2001
                                                                                COMPLAINT, FILING FEE $150, RECEIPT #052096. Answer due on 9/21/01. (FE)
                                                                                  LREF

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