PBS v. USA
Federal Civil Lawsuit United States Court of Federal Claims, Case No. 1:01-cv-00616-MBH
District Judge Marian Blank Horn, presiding

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No Logo PBS COALS, INC., and ROXCOAL, INC.,, Petitioner

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
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 10/31/2001
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
County
Terminated 11/3/2003
Origin 1
Reopened None
Lead Case None
Related Case
Other Court Case None
Def Custody Status
Flag CLOSED
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Blank 37 Filed: 11/3/2003, Entered: 11/3/2003
JUDGMENT entered, pursuant to Rule 58, that the complaint is dismissed, with prejudice. Each party to bear its own costs, expenses and attorneys' fees. (lld, )
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    Blank 36 Filed: 11/3/2003, Entered: 11/3/2003 Court Filing
    UNPUBLISHED ORDER and OPINION. The Clerk is directed to enter judgment dismissing the case with prejudice, each party to bear its own costs, expenses and attorneys' fees. Signed by Judge Marian Blank Horn. (lld, )
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      Blank 35 Filed: 10/27/2003, Entered: 10/29/2003 Stipulation of Dismissal
      STIPULATION of Dismissal With Prejudice by PBS COALS, INC., and ROXCOAL, INC.,, USA. Each party to bear its own costs, including any possible attorneys' fees or other expenses of litigation.Service: 10/27/03.(jcp, )
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        Blank 34 Filed: 9/25/2003, Entered: 10/3/2003 Scheduling OrderCourt Filing
        SCHEDULING ORDER: Joint Stipulation of Dismissal or Joint Status Report due by 11/10/2003. Signed by Judge Marian Blank Horn. (dw1, )
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          Blank 33 Filed: 9/17/2003, Entered: 9/23/2003 Status Report
          STATUS REPORT by USA. Service: 9/17/03.(jcp, )
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            Blank 32 Filed: 8/26/2003, Entered: 8/27/2003 Order on Motion to StayCourt Filing
            ORDER: Given this development, the instructions regarding additional briefing outlined in the court's August 5, 2003 order are superseded, although the [31] Request to Stay the Case is DENIED. If the court has not received a joint stipulation of dismissal on or before Wednesday, 9/17/2003, the court ORDERS the parties to file a joint status report on that date. Signed by Judge Marian Blank Horn. (jcp, )
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              Blank -- Filed: 8/26/2003, Entered: 8/27/2003 Set/Reset Deadlines:
              Set/Reset Deadlines: Joint Status Report due by 9/17/2003. (jcp, )
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                Blank 31 Filed: 8/25/2003, Entered: 8/26/2003, Terminated: 8/26/2003 Terminated:
                STATUS REPORT and MOTION for Suspension of Proceedings in This Case by USA.Service: 8/25/03. Response due by 9/11/2003.(jcp, )
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                  Blank 29 Filed: 8/15/2003, Entered: 8/15/2003 Court Filing
                  TRANSCRIPT of Proceedings held on August 5, 2003 before Judge Marian Blank Horn. (dw1, )
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                    Blank 30 Filed: 8/14/2003, Entered: 8/18/2003 Joint Status Report
                    JOINT STATUS REPORT by PBS COALS, INC., and ROXCOAL, INC., USA. Service: 8/14/03.(jcp, )
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                      Blank -- Filed: 8/7/2003, Entered: 8/7/2003
                      Set/Reset Transcript Deadlines: Transcript due by 9/5/2003. (vp1, )
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                        Blank 28 Filed: 8/5/2003, Entered: 8/7/2003 Scheduling OrderCourt Filing
                        SCHEDULING ORDER:The dft is to file a Status Report on or before Thursday, 8/14/2003. If the issue requires briefing, on or before 8/28/2003, the dft shall file a Brief on the issue referred to at the 8/5/03 status conference. Pltf shall file a brief in Response on or before Thursday, 9/18/2003. Finally, the dft may file a Reply on or before Thursday, 9/25/2003. Signed by Judge Marian Blank Horn. (jcp, )
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                          Blank -- Filed: 8/5/2003, Entered: 8/5/2003
                          Minute Entry for proceedings held before Judge Marian Blank Horn : Status Conference held on 08/05/03. (tpv, )
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                            Blank 27 Filed: 7/23/2003, Entered: 7/23/2003 Court Filing
                            STATUS CONFERENCE ORDER:The court ORDERS the parties to appear for a Status Conference on Tuesday, 8/5/2003 10:30 AM in National Courts Building before Judge Marian Blank Horn. Counsel for the dft shall appear in person. Counsel for the pltf may appear by telephone. If a final settlement of this case is achieved before Tuesday, 8/5/03, the parties shall so inform the court immediately and shall file a notice of dismissal. The 8/5/03 status conference can only be canceled by the court, and will only be canceled if the case has been settled and dismissed. Signed by Judge Marian Blank Horn. (jcp, )
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                              Blank 26 Filed: 7/21/2003, Entered: 7/22/2003 Joint Status Report
                              JOINT STATUS REPORT by PBS COALS, INC., and ROXCOAL, INC.,, UNITED STATES. Service: 7/21/03.(jcp, )
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                                Blank 25 Filed: 7/2/2003, Entered: 7/2/2003 Court Filing
                                TRANSCRIPT of Proceedings held on June 10, 2003 before Judge Marian Blank Horn. (dw1, )
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                                  Blank 24 Filed: 6/23/2003, Entered: 6/24/2003 Order on Motion for Miscellaneous ReliefCourt Filing
                                  ORDER granting in part [21] Motion to Rescind the Court's June 10, 2003 Orders. Given the parties' representations, if a notice of dismissal is not filed with the court on or before Monday, July 21, 2003, the parties shall file a joint status report on or before that date. Signed by Judge Marian Blank Horn. (jcp, )
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                                    Blank -- Filed: 6/23/2003, Entered: 6/24/2003 Set/Reset Deadlines:
                                    Set/Reset Deadlines: Joint Status Report due by 7/21/2003. (jcp, )
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                                      Blank 23 Filed: 6/20/2003, Entered: 6/23/2003 Notice of Appearance/
                                      NOTICE of Appearance by Robert Charles Stoddart for UNITED STATES. Service: 6/20/03.(dw1, )
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                                        Blank 22 Filed: 6/17/2003, Entered: 6/20/2003 Terminated:
                                        MOTION rescind the court's order of 6/10/03 by UNITED STATES.Service: 6/17/03. Response due by 7/7/2003 (hw1, )
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                                          Blank 22 Filed: 6/17/2003, Entered: 6/20/2003 Joint Status Report
                                          JOINT STATUS REPORT by UNITED STATES. Service: 6/17/03.(hw1, )
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                                            Blank 21 Filed: 6/17/2003, Entered: 6/20/2003, Terminated: 6/23/2003 Terminated:
                                            MOTION rescind the court's order of 6/10/03 by UNITED STATES.Service: 6/17/03. Response due by 7/7/2003 (hw1, )
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                                              Blank 21 Filed: 6/17/2003, Entered: 6/20/2003, Terminated: 6/23/2003 Joint Status Report
                                              JOINT STATUS REPORT by UNITED STATES. Service: 6/17/03.(hw1, )
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                                                Blank -- Filed: 6/12/2003, Entered: 6/12/2003
                                                Set/Reset Transcript Deadlines: Transcript due by 7/10/2003. (vp1, )
                                                  LREF
                                                  Blank -- Filed: 6/12/2003, Entered: 6/12/2003
                                                  Set/Reset Transcript Deadlines: Transcript due by 7/7/2003. (vp1, )
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                                                    Blank 20 Filed: 4/1/2003, Entered: 4/4/2003 Joint Status Report
                                                    JOINT STATUS REPORT by The United States. Service: 4/1/03. (lrd)
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                                                      Blank 19 Filed: 1/29/2003, Entered: 2/6/2003 Status Report/OrderCourt Filing
                                                      STATUS REPORT ORDER. Joint Status report due 4/1/03 (signed by Sr. Judge Marian Blank Horn). Copy to parties. (LTD)
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                                                        Blank 18 Filed: 1/24/2003, Entered: 1/31/2003 Status Report
                                                        JOINT STATUS REPORT by USA. Service: 1/24/03. (LTD)
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                                                          Blank 17 Filed: 10/29/2002, Entered: 10/30/2002 Status Report/OrderCourt Filing
                                                          STATUS REPORT ORDER. Joint Status report due 1/27/03 (signed by Sr. Judge Marian Blank Horn). Copy to parties. (LTD)
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                                                            Blank 16 Filed: 10/25/2002, Entered: 10/28/2002 Status ReportCourt Filing
                                                            JOINT STATUS REPORT by PBS. Service: 10/21/02. Filed by leave of the Judge. (LTD)
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                                                              Blank 15 Filed: 10/21/2002, Entered: 10/23/2002 Status Report/OrderCourt Filing
                                                              STATUS REPORT ORDER. Joint Status report due 10/25/02 (signed by Sr. Judge Marian Blank Horn). Copy to parties. (LTD)
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                                                                Blank 14 Filed: 8/7/2002, Entered: 8/7/2002
                                                                TRANSCRIPT of proceedings re: 1 volume, at Washington, D.C., for date of July 15, 2002. Notice to parties. (FE)
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                                                                  Blank 13 Filed: 7/30/2002, Entered: 8/1/2002 Status Report
                                                                  STATUS REPORT by USA. Service: 7/30/02. (NN)
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                                                                    Blank 12 Filed: 7/16/2002, Entered: 7/18/2002 OrderCourt Filing
                                                                    ORDER Defendant's Status Report due 7/30/02 , and Joint Status Report due 10/15/02 (signed by Sr. Judge Marian Blank Horn). Copy to parties. (LTD)
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                                                                      Blank 11 Filed: 6/25/2002, Entered: 6/26/2002 Scheduling OrderCourt Filing
                                                                      SCHEDULING ORDER setting Status conference for 10:30 a.m. 7/15/02 (signed by Sr. Judge Marian Blank Horn). Copy to parties. (FE)
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                                                                        Blank 10 Filed: 6/24/2002, Entered: 6/25/2002 Status Report
                                                                        JOINT STATUS REPORT by USA. Service: 6/24/02 (JT)
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                                                                          Blank 9 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 8 Filed: 2/20/2002, Entered: 2/21/2002 Transcript
                                                                            TRANSCRIPT of proceedings re: status conference, 1 volume, at Washington, D.C., for date of January 22, 2002. Notice to parties. (FE)
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                                                                              Blank 7 Filed: 1/23/2002, Entered: 1/23/2002 Court Filing
                                                                              ORDER Joint Status Report due 6/24/02 , and Status Conference set for 10:30 a.m. on 7/8/02 (signed by Sr. Judge Marian Blank Horn). Copy to parties. (LTD)
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                                                                                Blank 6 Filed: 1/23/2002, Entered: 1/23/2002 Court Filing
                                                                                REPLY TO NEW MATTER by PBS. Service: 1/7/02. Filed by leave of the Judge. (LTD)
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                                                                                  Blank -- Filed: 1/22/2002, Entered: 1/23/2002 Status Conference
                                                                                  Status Conference held ( Transcript due 2/21/02 ) (DS)
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                                                                                    Blank 5 Filed: 1/10/2002, Entered: 1/11/2002 Scheduling OrderCourt Filing
                                                                                    SCHEDULING ORDER setting Status conference for 10:30 a.m. 1/22/02, in the National Courts Building, 717 Madison Pl., N.W., Washington, D.C. (signed by Sr. Judge Marian Blank Horn). Copy to parties. (FE)
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                                                                                      Blank 4 Filed: 12/20/2001, Entered: 12/26/2001 Answer
                                                                                      ANSWER to Complaint by USA. Service: 12/20/01 (JPSR due 2/6/02). (FE)
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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: 10/31/2001, Entered: 10/31/2001 Court Filing
                                                                                          Notice of assignment to Sr. Judge Marian Blank Horn. Copy to parties. (VO)
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                                                                                            Blank 1 Filed: 10/31/2001, Entered: 10/31/2001
                                                                                            COMPLAINT FILING FEE $150 RECEIPT #052663 Answer due on 12/31/01. (VO)
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