COLONIAL COAL v. USA
Federal Civil Lawsuit United States Court of Federal Claims, Case No. 1:01-cv-00427-FMA
District Judge Francis M. Allegra, presiding

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No Logo COLONIAL COAL COMPANY, INC., Plaintiff

Toggle Switch Represented by Greenebaum, Doll & McDonald, PLLC

Name Phone Fax E-Mail
Space Mark F. Sommer +1 502 587 3570 mfs@gdm.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 7/25/2001
Jury Demand
Demand $731000
Nature of Suit 206 - Tax - Excise
Cause Section 28 U.S.C. § 1491 Tucker Act
Jurisdiction U.S. Government Defendant
Disposition Dismissed - Voluntarily
County
Terminated 7/16/2004
Origin 1
Reopened None
Lead Case None
Related Case
Other Court Case None
Def Custody Status
Flag CLOSED
  Entries (34) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Blank 31 Filed: 7/16/2004, Entered: 7/20/2004 Stipulation of Dismissal
STIPULATION of Dismissal with prejudice filed by all parties. Complaint dismissed pursuant to Rule 41(a)(1)(ii) this day. (dls)
    LREF
    Blank 30 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 29 Filed: 5/27/2004, Entered: 6/1/2004 Joint Status Report
      JOINT STATUS REPORT by all parties. Service: 5/27/2004.(jcp, )
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        Blank -- Filed: 5/27/2004, Entered: 6/1/2004 Set/Reset Deadlines:
        Set/Reset Deadlines: Joint Status Report due 8/25/2004 and every 90 days thereafter. (jcp, )
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          Blank 28 Filed: 2/27/2004, Entered: 3/2/2004 Joint Status Report
          JOINT STATUS REPORT by all parties. Service: 2/27/2004.(jcp, )
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            Blank 27 Filed: 12/3/2003, Entered: 12/9/2003 Scheduling OrderCourt Filing
            SCHEDULING ORDER: The court has concluded that the parties shall file a Joint Status Report on or before 3/2/2004 and every 90 days thereafter. Signed by Judge Francis M. Allegra. (jcp, )
              LREF
              Blank 26 Filed: 11/25/2003, Entered: 12/3/2003 Status Conference OrderCourt Filing
              STATUS CONFERENCE ORDER: A Telephonic Status Conference will be held on Wednesday, 12/3/2003 02:00 PM before Judge Francis M. Allegra. Signed by Judge Francis M. Allegra. (jcp, )
                LREF
                Blank 25 Filed: 10/30/2003, Entered: 11/3/2003 Joint Status Report
                JOINT STATUS REPORT by all parties. Service: 10/30/03.(jcp, )
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                  Blank 24 Filed: 9/30/2003, Entered: 10/7/2003 Status Report/OrderCourt Filing
                  STATUS REPORT ORDER Joint Status Report due by 10/30/2003. Signed by Judge Francis M. Allegra. (jat, )
                    LREF
                    Blank 23 Filed: 7/7/2003, Entered: 7/9/2003 Order on Motion for Miscellaneous ReliefCourt Filing
                    ORDER: Adhering to is opinion in Usibelli, the court believes that pltf is not entitled to prejudgment interest. [21] Pltf's Motion in Support of Prejudgment Interest, therefore, is DENIED. [22] Dft's Motion for Partial Summary Judgment and [22] Dft's Motion to Dismiss are GRANTED, IN PART, and DENIED, IN PART. Specifically, based upon Usibelli, that motion is granted to the extent it seeks to preclude pltf from obtaining prejudgment interest. The same motion, however, is denied to the extent it seeks to have this court "underrule" Cyprus Amax, as the latter decision, of course, is binding precedent unless and until overtuned by the Federal Circuit. The court will order appropriate final relief upon the filing of a stipulation resolving the other matters pending in this case. Signed by Judge Francis M. Allegra. (jcp, )
                      LREF
                      Blank 22 Filed: 3/4/2003, Entered: 3/6/2003 Terminated: Court Filing
                      MOTION by USA (Service: 2/28/03) for partial Summary Judgment and to Dismiss . Response due: 3/31/03. Filed by leave of the Judge. (LTD) Modified on 03/06/2003
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                        Blank 21 Filed: 2/28/2003, Entered: 3/5/2003, Terminated: 7/7/2003 Terminated:
                        MOTION by COLONIAL COAL (Service: 2/27/03) to award Plaintiff pre-judgment interest and deny Defendant's claims on the merits . Response due: 3/17/03. (LTD)
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                          Blank 20 Filed: 1/31/2003, Entered: 2/12/2003 OrderCourt Filing
                          ORDER Parties proposed motions due 3/3/03 (signed by Judge Francis M. Allegra). Copy to parties. (LTD)
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                            Blank 19 Filed: 1/27/2003, Entered: 2/4/2003 Status Report
                            JOINT STATUS REPORT by USA. Service: 1/27/03. (LTD)
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                              Blank 18 Filed: 12/18/2002, Entered: 12/23/2002 Description not availableCourt Filing
                              SPECIAL PROCEDURES ORDER of Judge Francis M. Allegra. Copy to parties. (LTD)
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                                Blank 17 Filed: 12/18/2002, Entered: 12/23/2002 Status Report/OrderCourt Filing
                                STATUS REPORT ORDER. Joint Status report due 1/27/03 (signed by Judge Francis M. Allegra). Copyto parties. (LTD)
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                                  Blank 16 Filed: 12/11/2002, Entered: 12/12/2002 Case Assigned/ReassignedCourt Filing
                                  Notice of reassignment to Judge Francis M. Allegra . Copy to parties. (DS)
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                                    Blank 15 Filed: 11/25/2002, Entered: 11/27/2002 Status Report
                                    JOINT STATUS REPORT. Service: (LTD)
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                                      Blank 14 Filed: 8/26/2002, Entered: 8/29/2002 Status Report
                                      JOINT STATUS REPORT by USA. Service: 8/26/02. (LTD)
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                                        Blank -- Filed: 8/26/2002, Entered: 8/29/2002 Set/Reset Deadlines:
                                        Deadline updated; Joint Status Report due 11/26/02 (LTD)
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                                          Blank 13 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 12 Filed: 5/29/2002, Entered: 5/30/2002 Status Report
                                            JOINT STATUS REPORT by USA. Service: 5/29/02. (FE)
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                                              Blank 11 Filed: 5/13/2002, Entered: 5/13/2002
                                              TRANSCRIPT of proceedings re: status conference, 1 volume, at Washington, D.C., for date of April 29, 2002. Notice to parties. (FE)
                                                LREF
                                                Blank 10 Filed: 4/29/2002, Entered: 4/30/2002 Status Report/OrderCourt Filing
                                                STATUS REPORT ORDER suspending proceedings pending completion of an IRS audit. Joint Status report due 5/29/02, and every 90 days thereafter. (signed by Judge Sarah L. Wilson). Copy to parties. (LTD) Modified on 08/28/2002
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                                                  Blank -- Filed: 4/29/2002, Entered: 4/30/2002 Status Conference
                                                  Status Conference held ( Transcript due 5/14/02 ) (DS)
                                                    LREF
                                                    Blank 9 Filed: 4/25/2002, Entered: 4/26/2002 OrderCourt Filing
                                                    ORDER Telephonic Status Conference set for 2:00 p.m. on 4/29/02 (signed by Judge Sarah L. Wilson). Copy to parties. (LTD)
                                                      LREF
                                                      Blank 8 Filed: 4/23/2002, Entered: 4/24/2002 OrderCourt Filing
                                                      ORDER resetting Status Conference for 9:30 a.m. on 4/26/03 (signed by Judge Sarah L. Wilson). Copy to parties. (LTD)
                                                        LREF
                                                        Blank 7 Filed: 4/3/2002, Entered: 4/3/2002 Court Filing
                                                        ORDER setting Status Conference for 2:00 p.m. on 4/23/02 (signed by Judge Sarah L. Wilson). Copy to parties. (LTD)
                                                          LREF
                                                          Blank 6 Filed: 12/18/2001, Entered: 12/19/2001 ResponseCourt Filing
                                                          REPLY by COLONIAL COAL to [4-1] answer by USA. Filed by leave of the Judge. (LTD)
                                                            LREF
                                                            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: 9/21/2001, Entered: 9/24/2001 Answer
                                                              ANSWER to Complaint by USA. Service: 9/21/01 ( JPSR due 11/8/01 ) (FE)
                                                                LREF
                                                                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. (FE)
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                                                                  Blank 2 Filed: 7/25/2001, Entered: 7/25/2001 Court Filing
                                                                  Notice of assignment to Judge Sarah L. Wilson. Copy to parties. (FE)
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                                                                    Blank 1 Filed: 7/25/2001, Entered: 7/25/2001
                                                                    COMPLAINT (Filed with Exhibit A), FILING FEE $150, RECEIPT #052109. Answer due on 9/24/01. (FE)
                                                                      LREF

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