VENTURE COAL SALES, et al v. USA
Federal Civil Lawsuit United States Court of Federal Claims, Case No. 1:01-cv-00614-MMS
District Judge Margaret M. Sweeney, presiding

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No Logo FUTURE INDUSTRIES, INC., Plaintiff

Toggle Switch Represented by BARBERA AND CLAPPER, LLP

Name Phone Fax E-Mail
Space Vincent J. Barbera +1 814 443 4681 +1 814 443 2422 vbarbera@bcbrm.com
No Logo SANNER ENERGIES, INC.,, Plaintiff

Toggle Switch Represented by BARBERA AND CLAPPER, LLP

Name Phone Fax E-Mail
Space Vincent J. Barbera +1 814 443 4681 +1 814 443 2422 vbarbera@bcbrm.com
No Logo VENTURE COAL SALES COMPANY, Plaintiff

Toggle Switch Represented by BARBERA AND CLAPPER, LLP

Name Phone Fax E-Mail
Space Vincent J. Barbera +1 814 443 4681 +1 814 443 2422 vbarbera@bcbrm.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
No Logo ANKER WEST VIRGINIA MINING COMPANY, INC., Consolidated Plaintiff

Toggle Switch Represented by Jackson Kelly, PLLC

Name Phone Fax E-Mail
Space Thad Stevenson Huffman +1 202 973 0200 +1 202 973 0232 tshuffman@jacksonkelly.com
No Logo JULIANNA MINING COMPANY, INC., Consolidated Plaintiff

Toggle Switch Represented by Jackson Kelly, PLLC

Name Phone Fax E-Mail
Space Thad Stevenson Huffman +1 202 973 0200 +1 202 973 0232 tshuffman@jacksonkelly.com
No Logo Patriot Mining Company, Inc., Consolidated Plaintiff

Toggle Switch Represented by Jackson Kelly, PLLC

Name Phone Fax E-Mail
Space Thad Stevenson Huffman +1 202 973 0200 +1 202 973 0232 tshuffman@jacksonkelly.com
Office COFC
Filed 10/30/2001
Jury Demand
Demand $0
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 5/27/2008
Origin 1
Reopened
Lead Case
101-cv-00614-MMS None
Related Case
Other Court Case None
Def Custody Status
Flags CLOSED, ECF, LEAD
  Entries (74) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document 66 Filed: 5/27/2008, Entered: 5/27/2008
STIPULATION of Dismissal with prejudice, filed by all parties.. (Stoddart, Robert)
    LREF
    Legal Document 65 Filed: 5/27/2008, Entered: 5/27/2008 Court Filing
    ORDER lifting stay and directing the parties to file the appropriate stipulation of dismiss by 6/6/2008. Signed by Judge Margaret M. Sweeney. (rac)
      LREF
      Blank -- Filed: 5/27/2008, Entered: 5/28/2008 Terminated Case - Public
      Complaint dismissed pursuant to Rule 41(a)(1)(ii) this day. (dls)
        LREF
        Legal Document 64 Filed: 5/22/2008, Entered: 5/22/2008
        JOINT STATUS REPORT, filed by all parties. (Stoddart, Robert)
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          Legal Document 63 Filed: 5/7/2008, Entered: 5/7/2008 Court Filing
          STATUS REPORT ORDER granting the parties' request to keep these proceedings stayed through May 19, 2008. The parties shall file a joint status report in which they propose further proceedings by 5/23/08. Signed by Judge Margaret M. Sweeney. (rac)
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            Legal Document 62 Filed: 5/5/2008, Entered: 5/5/2008
            JOINT STATUS REPORT, filed by all parties. (Stoddart, Robert)
              LREF
              Legal Document 61 Filed: 2/4/2008, Entered: 2/4/2008
              JOINT STATUS REPORT, filed by all parties. (Stoddart, Robert)
                LREF
                Legal Document 60 Filed: 11/5/2007, Entered: 11/5/2007
                JOINT STATUS REPORT, filed by all parties. (Stoddart, Robert)
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                  Legal Document 59 Filed: 8/6/2007, Entered: 8/6/2007
                  JOINT STATUS REPORT, filed by all parties. (Stoddart, Robert)
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                    Legal Document 58 Filed: 7/30/2007, Entered: 7/30/2007 Court Filing
                    STATUS REPORT ORDER. Status Report due by 8/6/2007, and every 90 days thereafter. Signed by Judge Margaret M. Sweeney. (ps2) Modified on 2/5/2008 to edit docket text.(Samler, Debbie).
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                      Legal Document 57 Filed: 4/23/2007, Entered: 4/23/2007
                      JOINT STATUS REPORT, filed by all parties. (Stoddart, Robert)
                        LREF
                        Legal Document 56 Filed: 1/22/2007, Entered: 1/22/2007
                        JOINT STATUS REPORT, filed by all parties. (Stoddart, Robert)
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                          Legal Document 55 Filed: 11/16/2006, Entered: 11/17/2006 Notice of Designation of Electronic Case
                          NOTICE of Designation of Electronic Case filed (in this and 02-971T). (dls )
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                            Blank 54 Filed: 11/16/2006, Entered: 11/17/2006 Order Designating ECF CaseCourt Filing
                            ORDER directing the Clerk to designate this case and No. 02-971T as electronic (ECF) cases. All future filings will be in electronic form. Signed by Judge Margaret M. Sweeney. (dls )
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                              Blank 53 Filed: 11/3/2006, Entered: 11/7/2006 Status Report
                              STATUS REPORT, filed by all plaintiffs. Service: 11/3/06.(vro)
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                                Legal Document 52 Filed: 10/31/2006, Entered: 10/31/2006
                                STATUS REPORT Concerning CM/ECF Account, filed by VENTURE COAL SALES COMPANY, SANNER ENERGIES, INC.,, FUTURE INDUSTRIES, INC.. (Barbera, Vincent)
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                                  Blank 51 Filed: 10/27/2006, Entered: 10/31/2006 OrderCourt Filing
                                  ORDER re [49] Order the court will afford plaintiff's counsel an additional week in which to comply with it's Sept. 20, 2006 Order Notice of Compliance due by 11/3/2006. Signed by Judge Margaret M. Sweeney. (vro)
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                                    Blank 50 Filed: 10/23/2006, Entered: 10/27/2006 Joint Status Report
                                    JOINT STATUS REPORT, filed by USA. Service: 10/23/06.(vro)
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                                      Blank 49 Filed: 9/20/2006, Entered: 9/21/2006 OrderCourt Filing
                                      ORDER: The Court directs Plaintiff's counsel to obtain an ECF account no later than 10/20/2006 Signed by Judge Margaret M. Sweeney. (vro, )
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                                        Blank 48 Filed: 7/24/2006, Entered: 7/24/2006
                                        JOINT STATUS REPORT, filed by USA. Service: 7/24/2006.(vro, )
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                                          Blank 47 Filed: 4/25/2006, Entered: 4/26/2006 Status Report
                                          STATUS REPORT, filed by USA. Service: 4/25/2006.(mb2, )
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                                            Blank 46 Filed: 1/25/2006, Entered: 1/30/2006 Status Report/OrderCourt Filing
                                            STATUS REPORT ORDER: Status Report due by 4/28/2006 and every 90 days thereafter. Signed by Judge Margaret M. Sweeney. (mb2, )
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                                              Blank 45 Filed: 1/9/2006, Entered: 1/12/2006 Notice of ReassignmentCourt Filing
                                              NOTICE of Reassignment. Case reassigned to Judge Margaret Sweeney for all further proceedings (in this and 02-971T). Judge Lawrence M. Baskir no longer assigned to case. (dls, )
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                                                Blank 44 Filed: 1/9/2006, Entered: 1/12/2006 Order Reassigning CaseCourt Filing
                                                ORDER reassigning case to Judge Margaret M. Sweeney (in this and 02-971T). Signed by Judge Lawrence M. Baskir. (dls )
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                                                  Blank 43 Filed: 7/15/2005, Entered: 7/20/2005 Stipulation
                                                  Joint STIPULATION of Liability, filed by all parties. (mb2, )
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                                                    Blank 42 Filed: 7/12/2005, Entered: 7/14/2005 Status Report
                                                    JOINT STATUS REPORT, filed by USA. Status Report due by 9/12/2005. Service: 7/12/2005.(mb2, )
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                                                      Blank -- Filed: 6/13/2005, Entered: 6/14/2005 Transcript
                                                      TRANSCRIPT (Pg 1-23) of Proceedings held on 5/12/05 before Judge Lawrence M. Baskir. (eph, )
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                                                        Blank -- Filed: 6/8/2005, Entered: 6/8/2005
                                                        Set/Reset Transcript Deadlines: Transcript due by 6/13/2005. (vp1, )
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                                                          Blank 41 Filed: 5/13/2005, Entered: 5/16/2005 Status Report/OrderCourt Filing
                                                          STATUS REPORT ORDER: Status Report due by 7/12/2005 and every sixty (60) days thereafter. Signed by Judge Lawrence M. Baskir. (mb2, )
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                                                            Blank 40 Filed: 5/2/2005, Entered: 5/9/2005 Status Conference OrderCourt Filing
                                                            STATUS CONFERENCE ORDER: Status Conference set for 5/12/2005 at 10:00 AM before Judge Lawrence M. Baskir. Signed by Judge Lawrence M. Baskir. (mb2, )
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                                                              Blank 39 Filed: 4/28/2005, Entered: 4/29/2005 Joint Status Report
                                                              JOINT STATUS REPORT, filed by USA. Service: 4/27/2005.(mb2, )
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                                                                Blank 38 Filed: 3/28/2005, Entered: 3/30/2005 Status Report/OrderCourt Filing
                                                                STATUS REPORT ORDER: Status Report due by 4/28/2005. Signed by Judge Lawrence M. Baskir. (mb2, )
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                                                                  Blank 37 Filed: 12/22/2004, Entered: 12/28/2004 OrderCourt Filing
                                                                  SPECIAL PROCEDURES ORDER Signed by Judge Lawrence M. Baskir. (bre, )
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                                                                    Blank 36 Filed: 12/15/2004, Entered: 12/22/2004 Notice of ReassignmentCourt Filing
                                                                    NOTICE of Reassignment to Judge Lawrence M. Baskir (in this and 02-971 T). (dls)
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                                                                      Blank 35 Filed: 12/15/2004, Entered: 12/22/2004 Order Reassigning CaseCourt Filing
                                                                      ORDER REASSIGNING CASES. This case and 02-971T reassigned to Judge Lawrence M. Baskir for all further proceedings. Judge Diane Gilbert Sypolt no longer assigned to case. Signed by Chief Judge Edward J. Damich. (dls)
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                                                                        Blank 34 Filed: 12/2/2004, Entered: 12/9/2004 OrderCourt Filing
                                                                        ORDER: ON 10/13/2004, the pltfs in Patriot Mining Company, Inc., et al v. US, No. 02-971T, notified the court that this case and Venture Coal Sales Co., et al v. US, No. 01-614T, another case pending before this court, involve the same legal issue. The two cases shall be consolidated pursuant to USCFC 42(a). Hereinafter, all references to these cases shal be under the caption of case No. 01-614T. Signed by Judge Mary Ellen Coster Williams for Judge Diane Gilbert Sypolt. (jcp, )
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                                                                          Blank 33 Filed: 7/14/2004, Entered: 7/16/2004 Joint Status Report
                                                                          JOINT STATUS REPORT by all parties. Service: 7/14/2004.(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: 5/20/2004, Entered: 5/21/2004 Status Report/OrderCourt Filing
                                                                              STATUS REPORT ORDER: On 5/12/2004, the parties filed a JSR requesting the court allow them an additional 61 days to determine whether they can reach a settlement of the new jurisdictional issue. The request is allowed. The parties shall file another Status Report on or before 7/14/2004. Signed by Judge Nancy B. Firestone for Judge Diane Gilbert Sypolt. (jcp, )
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                                                                                Blank 30 Filed: 5/12/2004, Entered: 5/14/2004 Joint Status Report
                                                                                JOINT STATUS REPORT by all parties. Service: 5/11/2004.(jcp, )
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                                                                                  Blank 29 Filed: 4/26/2004, Entered: 4/28/2004 Status Report/OrderCourt Filing
                                                                                  STATUS REPORT ORDER: The attached order, entered by the court on 4/9/2004, was captioned erroneously under case number 02-1455T, rather than under case number 01-614T. The 4/9/2004, order shall be stricken from the docket in case number 02-1455T and deemed to be filed in case number 02-614T as of the date this order is filed. The 4/30/2004 deadline for submission of the parties' Joint Status Report in case 01-614T shall be extended until 5/14/2004. Signed by Judge Diane Gilbert Sypolt. (jcp, )
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                                                                                    Blank -- Filed: 4/26/2004, Entered: 12/9/2004 Order on Motion to Dismiss - Rule 12(b)(1)
                                                                                    STATUS REPORT ORDER AND ORDER: Because the Cyprus Amax is binding precedent, the court-as dft, having filed for protective purposes only, assumed it would-denies [28] Dft's Protective Motion for Partial Summary Judgment or Motion for Dismissal on the Grounds That Pltf Coal Exporters' Claims for Refund of Coal Excise Taxes Must Be Dismissed for Lack of Subject Matter Jurisdiction. On or before 4/30/2004, the parties shall file a JSR. [ORIGINAL ORDER LOCATED IN CASE NO. 02-1455C] Signed by Judge Diane Gilbert Sypolt. (jcp, )
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                                                                                      Blank -- Filed: 4/26/2004, Entered: 4/28/2004 Status Report/Order
                                                                                      STATUS REPORT ORDER: On or before 4/30/2004, the parties shall file a Joint Status Report. [ORIGINAL ORDER LOCATED IN CASE NO. 02-1455C] Signed by Judge Diane Gilbert Sypolt. (jcp, )
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                                                                                        Blank 28 Filed: 10/30/2003, Entered: 11/3/2003 Terminated:
                                                                                        PROTECTIVE MOTION for Partial Summary Judgment or MOTION for Dismissal Pertaining to the Federal Circuit's Decision in Cyprus Amax, by USA. [FILED BY LEAVE OF THE JUDGE]Service: 10/27/03. Response due by 11/28/2003. Response due by 11/28/2003. (jcp, )
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                                                                                          Blank 27 Filed: 9/17/2003, Entered: 9/23/2003 Response to Motion
                                                                                          RESPONSE to [26] Pltf's CROSS MOTION and REPLY BRIEF (Interest) to [23] Dft's Motion for Partial Summary Judgment filed by USA. Reply due by 10/6/2003. Service: 9/17/03.(jcp, )
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                                                                                            Blank 26 Filed: 8/27/2003, Entered: 8/28/2003 Response to Motion
                                                                                            RESPONSE IN OPPOSITION to [23] Dft's MOTION for Partial Summary Judgment (Interest) and Brief in Support filed by FUTURE INDUSTRIES, INC., SANNER ENERGIES, INC.,, VENTURE COAL SALES COMPANY. (Together with Pltfs' Motion for Partial Summary Judgment (Interest) and Brief in Support) Reply due by 9/22/2003. Service: 8/22/03.(jcp, )
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                                                                                              Blank 26 Filed: 8/27/2003, Entered: 8/28/2003 Terminated:
                                                                                              MOTION for Partial Summary Judgment (Interest) and Brief in Support by FUTURE INDUSTRIES, INC., SANNER ENERGIES, INC.,, VENTURE COAL SALES COMPANY. (Together with Pltfs' Response in Opposition to Dft's Motion for Partial Summary Judgment (Interest) and Brief in Support)Service: 8/22/03. Response due by 9/22/2003. (jcp, )
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                                                                                                Blank 25 Filed: 8/27/2003, Entered: 8/28/2003 Order on Motion For Leave to File.Court Filing
                                                                                                ORDER granting [24] Pltf's Unopposed Motion for Leave to File Pltf's Motion for Summary Judgment and Brief Out of Time. Signed by Judge Diane G. Sypolt. (jcp, )
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                                                                                                  Blank 24 Filed: 8/25/2003, Entered: 8/26/2003, Terminated: 8/27/2003 Terminated:
                                                                                                  MOTION for Allowance of Late Filing of Motion for Partial Summary Judgment, Response in Opposition to Dft's Motion for Partial Summary Judgment and Brief by FUTURE INDUSTRIES, INC., SANNER ENERGIES, INC.,, VENTURE COAL SALES COMPANY.Service: 8/22/03. Response due by 9/8/2003. (jcp, )
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                                                                                                    Blank 23 Filed: 6/9/2003, Entered: 6/17/2003 Terminated:
                                                                                                    MOTION for Partial Summary Judgment and brief in support by UNITED STATES.Service: 6/9/03. Response due by 7/24/2003. (dw1, )
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                                                                                                      Blank 22 Filed: 5/16/2003, Entered: 5/26/2003 Stipulation
                                                                                                      STIPULATION of material facts by all parties. Service: 5/16/03.(hw1, )
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                                                                                                        Blank 21 Filed: 4/29/2003, Entered: 5/1/2003 Order on Motion for Extension of Time to FileCourt Filing
                                                                                                        ORDER granting [20] Motion for Extension of Time to file the stipulation of facts. Stipulation of Facts due by 5/16/2003. Signed by Judge Diane G. Sypolt. (dw1, )
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                                                                                                          Blank 20 Filed: 4/25/2003, Entered: 4/30/2003, Terminated: 4/29/2003 Terminated:
                                                                                                          Joint MOTION for Extension of Time until 5/16/03 to file stipulation of facts under the Court's scheduling order filed 3/28/03 by The United States.Service: 4/25/03. (hw1, )
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                                                                                                            Blank 19 Filed: 3/28/2003, Entered: 4/3/2003 Scheduling OrderCourt Filing
                                                                                                            SCHEDULING ORDER: (1) Parties shall file a comprehensive stipulation of all material facts by 4/25/03; (2) Defendant shall file its Dispositive Motion(s) due by 6/9/2003; (3) Cross Motions due by 7/24/2003; (4) Defendant shall file its reply by 8/25/03; and (5) Plaintiff's shall file their reply by 9/29/03. Signed by Judge Diane G. Sypolt. (hw1, )
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                                                                                                              Blank 18 Filed: 3/24/2003, Entered: 3/26/2003 Status Report
                                                                                                              JOINT STATUS REPORT by The United States. Service: 3/24/03.(dw1, )
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                                                                                                                Blank 17 Filed: 3/11/2003, Entered: 3/11/2003 Court Filing
                                                                                                                ORDER Parties proposed briefing schedule due 3/24/03 (signed by Judge Diane Gilbert Sypolt). Copy to parties. (LTD)
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                                                                                                                  Blank 16 Filed: 2/24/2003, Entered: 3/3/2003 Status Report
                                                                                                                  JOINT STATUS REPORT by USA. Service: 2/24/03. (LTD)
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                                                                                                                    Blank 15 Filed: 12/3/2002, Entered: 12/6/2002 OrderCourt Filing
                                                                                                                    ORDER directing parties to file a joint Status Report deadline to 2/24/03 ( signed by Judge Diane Gilbert Sypolt ) Copy to parties. (HW)
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                                                                                                                      Blank 14 Filed: 11/25/2002, Entered: 11/27/2002 Status Report
                                                                                                                      JOINT STATUS REPORT by USA. Service: 11/25/02. (LTD)
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                                                                                                                        Blank 13 Filed: 9/3/2002, Entered: 9/6/2002 Scheduling OrderCourt Filing
                                                                                                                        SCHEDULING ORDER setting Joint Status Report due on 11/25/02 (signed by Judge Diane Gilbert Sypolt). Copy to parties. (FE)
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                                                                                                                          Blank 12 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 11 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 10 Filed: 5/28/2002, Entered: 5/29/2002 Status Report
                                                                                                                                JOINT STATUS REPORT by USA. Service: 5/28/02. (LTD)
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                                                                                                                                  Blank 9 Filed: 2/26/2002, Entered: 2/26/2002 Court Filing
                                                                                                                                  ORDER granting [8-1] joint motion to Stay Proceedings and Joint Status Report due 5/28/02 , and every 90 days thereafter. (signed by Judge Diane Gilbert Sypolt). Copy to parties. (LTD) Modified on 08/28/2002
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                                                                                                                                    Blank 8 Filed: 2/22/2002, Entered: 2/25/2002, Terminated: 2/26/2002 Terminated: Court Filing
                                                                                                                                    JOINT MOTION by VENTURE COAL SALES, SANNER, FUTURE and USA to Stay Proceedings , by leave of the Judge. (FE)
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                                                                                                                                      Blank 8 Filed: 2/22/2002, Entered: 2/25/2002, Terminated: 2/26/2002 Joint Preliminary Status ReportCourt Filing
                                                                                                                                      JOINT PRELIMINARY STATUS REPORT, by leave of the Judge. (FE) Modified on 02/25/2002
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                                                                                                                                        Blank 7 Filed: 1/10/2002, Entered: 1/11/2002 ~Notice (other)Court Filing
                                                                                                                                        "Reply to New Matter" by VENTURE COAL SALES, SANNER and FUTURE, by leave of the Judge. Service: 1/7/02. (FE)
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                                                                                                                                          Blank 6 Filed: 1/10/2002, Entered: 1/11/2002 OrderCourt Filing
                                                                                                                                          ORDER re: On 1/8/02, plaintiff's attempted to file a "Reply to New Matter", because there is no provision in the rules of this Court for the filing of this item, it is filed by leave of the Court (signed by Judge Diane Gilbert Weinstein). Copy to parties. (FE)
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                                                                                                                                            Blank 5 Filed: 12/21/2001, Entered: 12/27/2001 Answer
                                                                                                                                            ANSWER to Complaint by USA. Service: 12/21/01 (JPSR due 2/7/02). (HW)
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                                                                                                                                              Blank 4 Filed: 11/28/2001, Entered: 11/29/2001 OrderCourt Filing
                                                                                                                                              SPECIAL PROCEDURES ORDER (signed by Judge Diane Gilbert Weinstein). Copy to parties. (LTD)
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                                                                                                                                                Blank 3 Filed: 11/20/2001, Entered: 11/21/2001 Notice of Appearance/
                                                                                                                                                NOTICE of Attorney Appearance for USA by Rozella Ann Oliver. Service: 11/19/01. (FE)
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                                                                                                                                                  Blank 2 Filed: 10/30/2001, Entered: 10/31/2001 Case Assigned/ReassignedCourt Filing
                                                                                                                                                  Notice of assignment to Judge Diane Gilbert Weinstein . Copy to parties. (VO)
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                                                                                                                                                    Blank 1 Filed: 10/30/2001, Entered: 10/31/2001 Complaint
                                                                                                                                                    COMPLAINT FILING FEE $150 RECEIPT #052657 Answer due on 12/31/01 (VO)
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