CONSUMERS ENERGY v. USA
Federal Civil Lawsuit United States Court of Federal Claims, Case No. 1:02-cv-01894-EJD
District Judge Edward J. Damich, presiding

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No Logo Consumers Energy Company, Plaintiff

Toggle Switch Represented by Williams Mullen, PC

Name Phone Fax E-Mail
Space Thomas Owen Mason +1 703 760 5200 +1 703 748 0244 tmason@williamsmullen.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 Scott Randy Damelin +1 202 305 2312 +1 202 307 2503 scott.damelin@usdoj.gov
Office COFC
Filed 12/16/2002
Jury Demand None
Demand $0
Nature of Suit 536 - Spent Nuclear Fuel
Cause Section 28 U.S.C. § 1491 Tucker Act
Jurisdiction U.S. Government Defendant
Disposition
County None
Terminated
Origin 1
Reopened None
Lead Case None
Related Case
Other Court Case None
Def Custody Status
Flags ECF, SNF
  Entries (182) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document 137 Filed: 9/8/2008, Entered: 9/8/2008
RESPONSE to [131] MOTION To Coordinate Discovery And Develop A Litigation Plan For The Spent Nuclear Fuel Cases, filed by CONSUMERS ENERGY COMPANY.Reply due by 9/22/2008. (Attachments: # (1) Appendix A)(Purcell, Francis)
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    Legal Document 136 Filed: 9/8/2008, Entered: 9/8/2008
    NOTICE of Additional Authority (Finn, Stephen)
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      Legal Document 135 Filed: 9/8/2008, Entered: 9/8/2008 Court Filing
      ORDER granting [134] Joint Motion for an Enlargement of Deadlines in the Court's Scheduling Order. Discovery shall close on May 11, 2009. Signed by Chief Judge Edward J. Damich. (ahb)
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        Legal Document 134 Filed: 9/5/2008, Entered: 9/5/2008, Terminated: 9/8/2008 Motion for Extension of Time
        Joint MOTION for Extension of Time to Deadlines in the Court's Scheduling Order, filed by USA.Response due by 9/22/2008.(Damelin, Scott)
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          Legal Document 133 Filed: 8/29/2008, Entered: 8/29/2008
          REPLY to Response to Motion re [122] MOTION for Joinder of Entergy Nuclear Palisades, LLC, or, in the Alternative, for Issuance of Binding Notice Pursuant to RCFC 14(b) and Contract Settlement Act MOTION for Joinder of Entergy Nuclear Palisades, LLC, or, in the Alternative, for Issuance of Binding Notice Pursuant to RCFC 14(b) and Contract Settlement Act, filed by USA. (Finn, Stephen)
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            Legal Document 132 Filed: 8/21/2008, Entered: 8/21/2008
            REPLY to Response to Motion re [119] MOTION for Summary Judgment On Plaintiff's Claims For Interest Against The Government And For Attorney and Expert Fees Related To This Litigation, filed by USA. (Damelin, Scott)
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              Legal Document 131 Filed: 8/21/2008, Entered: 8/21/2008
              MOTION To Coordinate Discovery And Develop A Litigation Plan For The Spent Nuclear Fuel Cases, filed by USA.Response due by 9/8/2008.(Sullivan, Marian)
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                Blank -- Filed: 8/13/2008, Entered: 8/13/2008
                ORDER granting [130] Unopposed Motion for Extension of Time. Defendant shall file its reply to Plaintiff's response to the motion for joinder of Entergy Nuclear Palisades, LLC on or before August 29, 2008. Signed by Chief Judge Edward J. Damich. (ahb)
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                  Legal Document 130 Filed: 8/12/2008, Entered: 8/12/2008, Terminated: 8/13/2008 Motion for Extension of Time
                  Unopposed MOTION for Extension of Time until August 29, 2008 to File Reply Brief, filed by USA.Response due by 8/29/2008.(Damelin, Scott)
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                    Sealed Legal Document 129 Filed: 8/4/2008, Entered: 8/4/2008
                    **SEALED**RESPONSE to [119] MOTION for Summary Judgment On Plaintiff's Claims For Interest Against The Government And For Attorney and Expert Fees Related To This Litigation, filed by CONSUMERS ENERGY COMPANY.Reply due by 8/21/2008. (Attachments: # (1) Exhibit Exhibit A, # (2) Exhibit Exhibit B, # (3) Exhibit Exhibit C, # (4) Exhibit Exhibit D)(Mason, Thomas)
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                      Blank -- Filed: 8/1/2008, Entered: 8/1/2008
                      Set/Reset Deadlines: Response due by 8/4/2008. (jt1)
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                        Blank -- Filed: 8/1/2008, Entered: 8/1/2008
                        ORDER granting [127] Plaintiff's MOTION for Leave to File Document Under Seal. Plaintiff's Response to Defendant's Motion for Summary Judgment shall be filed under seal on or before August 4, 2008. Signed by Chief Judge Edward J. Damich. (ahb)
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                          Sealed Legal Document 128 Filed: 7/31/2008, Entered: 7/31/2008
                          **SEALED** RESPONSE to [122] MOTION for Joinder of Entergy Nuclear Palisades, LLC, or, in the Alternative, for Issuance of Binding Notice Pursuant to RCFC 14(b) and Contract Settlement Act MOTION for Joinder of Entergy Nuclear Palisades, LLC, or, in the Alternative, for Issuance of Binding Notice Pursuant to RCFC 14(b) and Contract Settlement Act, filed by CONSUMERS ENERGY COMPANY.Reply due by 8/14/2008. (Attachments: # (1) Exhibit A - Asset Sale Agreement)(Mason, Thomas)
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                            Legal Document 127 Filed: 7/31/2008, Entered: 7/31/2008, Terminated: 8/1/2008 Motion for Leave to File
                            First MOTION for Leave to File Motion For Leave to File Document Under Seal Plaintiff's Response To Defendant's Motion For Summary Judgment, filed by CONSUMERS ENERGY COMPANY.Response due by 8/18/2008.(Mason, Thomas)
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                              Blank -- Filed: 7/29/2008, Entered: 7/29/2008
                              Set/Reset Deadlines: Response due by 7/31/2008. (jt1)
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                                Blank -- Filed: 7/29/2008, Entered: 7/29/2008
                                ORDER granting [126] Plaintiff Consumers Energy Company's Unopposed Motion for Leave to File Document Under Seal and Motion for Enlargement of Time. Plaintiff shall file its response to Defendant's Motion for Joinder under seal on or before July 31, 2008. Signed by Chief Judge Edward J. Damich. (ahb)
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                                  Blank -- Filed: 7/29/2008, Entered: 7/29/2008
                                  Set/Reset Deadlines: Response due by 7/28/2008. (jt1)
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                                    Legal Document 126 Filed: 7/28/2008, Entered: 7/28/2008, Terminated: 7/29/2008 Motion for Leave to File
                                    First MOTION for Leave to File Plaintiff's Response In Opposition To Defendant's Motion For Joinder Electronically, Under Seal, Second MOTION for Extension of Time to File Response or Reply in Opposition to Defendant's Motion For Joinder (Response due by 8/14/2008.), filed by CONSUMERS ENERGY COMPANY.(Mason, Thomas)
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                                      Blank -- Filed: 7/10/2008, Entered: 7/10/2008
                                      ORDER granting [125] Plaintiff's Unopposed Motion for Enlargement of Time. Plaintiff shall file a response to Defendant's Motion for Joinder on or before July 28, 2008, and a response to Defendant's Motion for Summary Judgment on Plaintiff's Claims for Interest on or before August 4, 2008. Signed by Chief Judge Edward J. Damich. (ahb)
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                                        Legal Document 125 Filed: 7/9/2008, Entered: 7/9/2008, Terminated: 7/10/2008 Motion for Extension of Time
                                        Unopposed MOTION for Extension of Time until July 28, 2009/August 4, 2009 to Defendant's Motion for Joinder/Defendant's Motion for Summary Judgment, filed by CONSUMERS ENERGY COMPANY.Response due by 7/28/2008.(Purcell, Francis)
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                                          Legal Document 124 Filed: 7/3/2008, Entered: 7/3/2008 Court Filing
                                          ORDER granting [123] Joint Motion for An Enlargement of Deadlines in the Court's Scheduling Order. Discovery shall close on February 10, 2009. Signed by Chief Judge Edward J. Damich. (ahb)
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                                            Legal Document 123 Filed: 7/1/2008, Entered: 7/1/2008, Terminated: 7/3/2008 Motion for Extension of Time
                                            Joint MOTION for Extension of Time to To Complete Discovery, filed by USA.Response due by 7/18/2008.(Finn, Stephen)
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                                              Sealed Legal Document 122 Filed: 6/25/2008, Entered: 6/25/2008
                                              **SEALED** MOTION for Joinder of Entergy Nuclear Palisades, LLC, or, in the Alternative, for Issuance of Binding Notice Pursuant to RCFC 14(b) and Contract Settlement Act, filed by USA.Response due by 7/14/2008. (Attachments: # (1) Appendix, # (2) Appendix, # (3) Appendix, # (4) Certificate of Service)(Damelin, Scott)
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                                                Blank -- Filed: 6/25/2008, Entered: 6/25/2008
                                                ORDER granting [121] Defendant's Motion for Leave to File Document Under Seal. Defendant's Motion for Joinder of Entergy Nuclear Palisades, LLC, shall be filed electronically under seal. Signed by Chief Judge Edward J. Damich. (ahb)
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                                                  Legal Document 121 Filed: 6/24/2008, Entered: 6/24/2008, Terminated: 6/25/2008 Motion for Leave to File
                                                  MOTION for Leave to File Defendant's Motion for Joinder or, In the Alternative, For Issuance of Binding Notice Under Seal, filed by USA.Response due by 7/11/2008.(Damelin, Scott)
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                                                    Sealed Legal Document 120 Filed: 6/20/2008, Entered: 6/20/2008
                                                    **SEALED**PROPOSED FINDINGS of Uncontroverted Fact RE: [119] MOTION for Summary Judgment On Plaintiff's Claims For Interest Against The Government And For Attorney and Expert Fees Related To This Litigation, filed by USA. (Finn, Stephen)
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                                                      Sealed Legal Document 119 Filed: 6/20/2008, Entered: 6/20/2008
                                                      **SEALED** MOTION for Summary Judgment On Plaintiff's Claims For Interest Against The Government And For Attorney and Expert Fees Related To This Litigation, filed by USA.Response due by 7/21/2008. (Finn, Stephen)
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                                                        Legal Document 118 Filed: 6/20/2008, Entered: 6/20/2008, Terminated: 6/20/2008 Motion for Leave to File
                                                        MOTION for Leave to File Document Under Seal, filed by USA.Response due by 7/7/2008.(Finn, Stephen)
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                                                          Blank -- Filed: 6/20/2008, Entered: 6/20/2008
                                                          ORDER granting [118] Defendant's Motion for Leave to File Document Under Seal. Defendant's Motion for Summary Judgment on Plaintiff's Claim for Interest Against the Government with Appendix and Proposed Findings of Uncontroverted Fact may be filed under seal. Signed by Chief Judge Edward J. Damich. (ahb)
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                                                            Legal Document 117 Filed: 3/7/2008, Entered: 3/7/2008
                                                            RESPONSE to [115] Supplemental Brief Pursuant To The Court's February 8, 2008 Order, filed by USA. (Lester, Harold)
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                                                              Legal Document 116 Filed: 2/25/2008, Entered: 2/25/2008 Court Filing
                                                              ORDER granting [114] Joint Motion for an Enlargement of Time. Fact and Expert Discovery shall close on December 1, 2008. Signed by Chief Judge Edward J. Damich. (ahb)
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                                                                Legal Document 115 Filed: 2/22/2008, Entered: 2/22/2008
                                                                SUPPLEMENTAL BRIEF re: [103] Motion to Dismiss - Rule 12(b)(6) Count III of Plaintiff's Complaint, filed by CONSUMERS ENERGY COMPANY. (Purcell, Francis)
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                                                                  Legal Document 114 Filed: 2/22/2008, Entered: 2/22/2008, Terminated: 2/25/2008 Motion for Extension of Time
                                                                  Joint MOTION for Extension of Time to extend discovery deadlines, filed by USA.Response due by 3/10/2008.(Finn, Stephen)
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                                                                    Legal Document 113 Filed: 2/8/2008, Entered: 2/8/2008 Court Filing
                                                                    ORDER FOR SUPPLEMENTAL BRIEFING: Plaintiff is directed to submit a supplemental brief concerning the issues outlined in the attached order on or before Monday, February 22, 2008. Defendant may file a response brief on or before Friday, March 7, 2008. Signed by Judge Edward J. Damich. (es1)
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                                                                      Legal Document 112 Filed: 1/30/2008, Entered: 1/30/2008 Court Filing
                                                                      ORDER granting [108] Motion for an Enlargement of Deadlines in the Court's Scheduling Order. Signed by Chief Judge Edward J. Damich. (ahb)
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                                                                        Legal Document 111 Filed: 1/28/2008, Entered: 1/28/2008
                                                                        RESPONSE to [110] Order, Regarding Defendant's Motion For An Enlargement of Deadlines In The Court's Scheduling Order, filed by USA. (Damelin, Scott)
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                                                                          Legal Document 110 Filed: 1/18/2008, Entered: 1/18/2008 Court Filing
                                                                          ORDER regarding [108] Defendant's Motion For An Enlargement of Deadlines in the Court's Scheduling Order. The parties shall confer and submit agreed upon deadlines for the Scheduling Order by January 28, 2008. Signed by Chief Judge Edward J. Damich. (ahb)
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                                                                            Legal Document 109 Filed: 1/18/2008, Entered: 1/18/2008 Court Filing
                                                                            ORDER granting [107] Joint Motion for an Order Regarding Discovery of Draft Expert Reports. Signed by Chief Judge Edward J. Damich. (ahb)
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                                                                              Legal Document 108 Filed: 1/17/2008, Entered: 1/17/2008, Terminated: 1/30/2008 Motion for Miscellaneous Relief
                                                                              MOTION For An Enlargement of Deadlines In The Court's Secheduling Order, filed by USA.Response due by 2/4/2008.(Damelin, Scott)
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                                                                                Legal Document 107 Filed: 1/17/2008, Entered: 1/17/2008, Terminated: 1/18/2008 Motion for Miscellaneous Relief
                                                                                Joint MOTION For An Order Regarding Discovery of Draft Expert Reports, filed by USA.Response due by 2/4/2008.(Damelin, Scott)
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                                                                                  Legal Document 106 Filed: 1/9/2008, Entered: 1/9/2008
                                                                                  NOTICE of Additional Authority (Attachments: # (1) Appendix)(Damelin, Scott)
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                                                                                  Legal Document 105 Filed: 9/26/2007, Entered: 9/26/2007
                                                                                  REPLY to Response to Motion re [103] MOTION to Dismiss pursuant to Rule 12(b)(6) Count III of Plaintiff's Complaint, filed by USA. (Gardner, Joshua)
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                                                                                    Legal Document 104 Filed: 9/10/2007, Entered: 9/10/2007
                                                                                    RESPONSE to [103] MOTION to Dismiss pursuant to Rule 12(b)(6) Count III of Plaintiff's Complaint, filed by CONSUMERS ENERGY COMPANY.Reply due by 9/27/2007. (Purcell, Francis)
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                                                                                      Legal Document 103 Filed: 8/9/2007, Entered: 8/9/2007
                                                                                      MOTION to Dismiss pursuant to Rule 12(b)(6) Count III of Plaintiff's Complaint, filed by USA.Response due by 9/10/2007.(Gardner, Joshua)
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                                                                                        Legal Document 102 Filed: 6/25/2007, Entered: 6/25/2007 Court Filing
                                                                                        ORDER granting [101] Joint Motion for Extension of Time in Discovery Schedule. The discovery schedule is revised as follows: February 1, 2008: Defendant's submission of audit report in response to Plaintiff's detailed claim, submission of Defendant's expert report(s); February 29, 2008: Defendant's deadline to depose Plaintiff's expert witnesses; June 30, 2008: Plaintiff's deadline to depose Defendant's expert witnesses, close of fact and expert discovery. Signed by Chief Judge Edward J. Damich. (jsb)
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                                                                                          Legal Document 101 Filed: 6/22/2007, Entered: 6/22/2007, Terminated: 6/25/2007 Motion to Amend Schedule
                                                                                          Joint MOTION to Amend Schedule re: [96] Scheduling Order,, filed by CONSUMERS ENERGY COMPANY.Response due by 7/9/2007.(Purcell, Francis)
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                                                                                            Legal Document 100 Filed: 5/1/2007, Entered: 5/1/2007
                                                                                            JOINT STATUS REPORT, filed by USA. (Damelin, Scott)
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                                                                                              Blank -- Filed: 4/30/2007, Entered: 4/30/2007
                                                                                              ORDER granting [99] Defendant's Unopposed Motion for Extension of Time: the parties' Joint Status Report shall be filed on or before 5/1/2007. Signed by Chief Judge Edward J. Damich. (jsb)
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                                                                                                Legal Document 99 Filed: 4/27/2007, Entered: 4/27/2007, Terminated: 4/30/2007 Motion for Extension of Time
                                                                                                MOTION for Extension of Time until May 1, 2007 to File Joint Status Report Upon Behalf Of Both Parties, filed by USA.Response due by 5/14/2007.(Damelin, Scott)
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                                                                                                  Legal Document 98 Filed: 4/6/2007, Entered: 4/6/2007
                                                                                                  NOTICE of Appearance by Scott Randy Damelin for USA. (Damelin, Scott)
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                                                                                                    Legal Document 97 Filed: 4/5/2007, Entered: 4/5/2007 Court Filing
                                                                                                    STATUS REPORT ORDER: Joint Status Report due by 4/27/2007. Signed by Chief Judge Edward J. Damich. (jsb)
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                                                                                                      Legal Document 96 Filed: 6/9/2006, Entered: 6/9/2006 Court Filing
                                                                                                      SCHEDULING ORDER: All fact and expert discovery shall conclude by 12/31/2007. The parties shall also note other discovery deadlines as set out in attached order. Signed by Chief Judge Edward J. Damich. (jsb)
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                                                                                                        Blank -- Filed: 6/9/2006, Entered: 6/9/2006
                                                                                                        ORDER LIFTING STAY: pursuant to the Court's Order [96], issued on 6/9/06, the stay in this case is hereby lifted. Signed by Chief Judge Edward J. Damich. (jsb)
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                                                                                                          Legal Document 95 Filed: 5/26/2006, Entered: 5/26/2006
                                                                                                          JOINT STATUS REPORT, filed by all parties. (Mason, Thomas)
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                                                                                                            Blank -- Filed: 5/8/2006, Entered: 5/8/2006
                                                                                                            ORDER granting [94] Defendant's Unopposed Motion for Extension of Time to file a Status Report. The Status Report, in which the parties shall address a schedule for proceedings concurrent with any continued settlement negotiations, is due by 5/26/2006; the Stay in this case is hereby extended to June 2, 2006.; Signed by Chief Judge Edward J. Damich. (jsb)
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                                                                                                              Legal Document 94 Filed: 5/5/2006, Entered: 5/5/2006, Terminated: 5/8/2006 Motion for Extension of Time
                                                                                                              Unopposed MOTION for Extension of Time until 5/26/05 to File The Parties' Joint Status Report In Accordance With The Court's March 8, 2006 Order And To Extend The Stay Of Proceedings Through June 2, 2006, filed by USA.Response due by 5/22/2006.(Lester, Harold)
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                                                                                                                Blank -- Filed: 3/8/2006, Entered: 3/8/2006
                                                                                                                ORDER CONTINUING STAY: The stay in this case is hereby continued to and including May 12, 2006; the parties shall file a joint status report on or before May 5, 2006, addressing the status of settlement discussions and/or the resumption of dispositive motions, discovery, and trial preparation. Signed by Chief Judge Edward J. Damich. (jsb)
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                                                                                                                  Legal Document 93 Filed: 3/6/2006, Entered: 3/6/2006
                                                                                                                  JOINT STATUS REPORT Pursuant to Order Dated January 12, 2006, filed by all parties. (Purcell, Francis)
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                                                                                                                    Blank -- Filed: 1/12/2006, Entered: 1/12/2006
                                                                                                                    ORDER STAYING CASE, STATUS REPORT ORDER: the stay in this case is extended through March 6, 2006; in addition, the parties shall file a Joint Status Report on or before the same date addressing, with specificity, the status of settlement discussions (e.g., dates of meetings or discussions, the status of the parties' experts' analyses, etc.) and/or the resumption of dispositive motions, discovery, and trial. Signed by Chief Judge Edward J. Damich. (jsb)
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                                                                                                                      Legal Document 92 Filed: 1/6/2006, Entered: 1/6/2006
                                                                                                                      JOINT STATUS REPORT Pursuant to Order Dated October 25, 2005, filed by all parties. (Purcell, Francis)
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                                                                                                                        Legal Document 91 Filed: 10/25/2005, Entered: 10/25/2005
                                                                                                                        JOINT STATUS REPORT Pursuant to Order Dated September 21, 2005, filed by all parties. (Purcell, Francis)
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                                                                                                                          Blank -- Filed: 10/25/2005, Entered: 10/25/2005
                                                                                                                          STATUS REPORT ORDER, ORDER STAYING CASE: the stay in this case is extended through January 6, 2006; the parties shall file a Joint Status Report on or before the same date addressing, with specificity, the status of settlement discussions (including the status of Defendant's review of Plaintiff's Statement of Position and the date of any meetings between the parties) and/or the resumption of dispositive motions, discovery, and trial. Signed by Chief Judge Edward J. Damich. (jsb)
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                                                                                                                            Blank -- Filed: 9/21/2005, Entered: 9/21/2005
                                                                                                                            ORDER granting [90] Defendant's Motion for Extension of Time. This case is stayed through, and the parties shall file a Joint Status Report on or before, 10/25/2005. Signed by Chief Judge Edward J. Damich. (jsb)
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                                                                                                                              Legal Document 90 Filed: 9/12/2005, Entered: 9/12/2005, Terminated: 9/21/2005 Motion for Extension of Time
                                                                                                                              Unopposed MOTION for Extension of Time until 10/25/2005 to File The Parties' Joint Status Report In Accordance With The Court's August 16, 2005 Order filed by USA. Response due by 9/29/2005. (Lester, Harold)
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                                                                                                                                Blank -- Filed: 8/16/2005, Entered: 8/16/2005
                                                                                                                                STATUS REPORT ORDER, ORDER STAYING CASE: This case is stayed through October 11, 2005; the parties shall file a Joint Status Report on or before the same date addressing, with specificity, the status of settlement discussions, and/or the resumption of dispositive motions, discovery, and trial. Signed by Chief Judge Edward J. Damich. (jsb)
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                                                                                                                                  Legal Document 89 Filed: 8/8/2005, Entered: 8/8/2005
                                                                                                                                  JOINT STATUS REPORT Pursuant to Order Dated June 9, 2005 by all parties. (Purcell, Francis)
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                                                                                                                                    Legal Document 88 Filed: 6/28/2005, Entered: 6/28/2005 Court Filing
                                                                                                                                    ORDER denying [84] Plaintiff's Motion for Reconsideration of the portion of the Court's decision of April 29, 2005, granting Defendant recoupment of the one-time fee against any award of damages in favor of Plaintiff. Signed by Chief Judge Edward J. Damich. (jsb)
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                                                                                                                                      Legal Document 87 Filed: 6/9/2005, Entered: 6/9/2005 Court Filing
                                                                                                                                      ORDER STAYING CASE: with exception of [84] Plaintiff's outstanding motion to reconsider, the remainder of this case is stayed pending the parties' settlement negotiations. The parties shall file a Status Report on or before 8/8/2005 on such negotiations. Signed by Chief Judge Edward J. Damich. (jsb)
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                                                                                                                                        Legal Document 86 Filed: 6/6/2005, Entered: 6/6/2005
                                                                                                                                        JOINT STATUS REPORT Pursuant to Orders dated April 27 and 29, 2005 by all parties. (Purcell, Francis)
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                                                                                                                                          Legal Document 85 Filed: 6/1/2005, Entered: 6/1/2005
                                                                                                                                          RESPONSE to [84] MOTION for Reconsideration of Order dated April 29, 2005 Regarding Recoupment , Pursuant to the Court's May 18, 2005 Order filed by USA. (Lester, Harold) Modified on 6/2/2005 (jat, ).
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                                                                                                                                            Blank -- Filed: 5/18/2005, Entered: 5/18/2005
                                                                                                                                            ORDER: On May 13, 2005, Plaintiff filed a motion, pursuant to Rule 59 of the Rules of the Court of Federal Claims (RCFC), for reconsideration of the portion of the Opinion and Order [82], issued April 29, 2005, regarding recoupment of the one-time fee. Pursuant to RCFC 59(b), the Court will allow Defendant to respond to Plaintiff's motion for reconsideration. Defendant's response, if any, shall be filed on or before 6/1/2005. There shall be no further briefing on the motion for reconsideration. Signed by Chief Judge Edward J. Damich. (jsb)
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                                                                                                                                              Legal Document 84 Filed: 5/13/2005, Entered: 5/13/2005, Terminated: 6/28/2005 Motion for Reconsideration
                                                                                                                                              MOTION for Reconsideration of Order dated April 29, 2005 Regarding Recoupment filed by CONSUMERS ENERGY COMPANY. Response due by 5/31/2005. (Purcell, Francis)
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                                                                                                                                                Legal Document 83 Filed: 5/5/2005, Entered: 5/5/2005 Court Filing
                                                                                                                                                PUBLISHED OPINION Errata: to correct the Opinion and Order issued on April 29, 2005. The word "principle" shall be replaced with "principal" in the first full paragraph, first sentence on page 2. Signed by Chief Judge Edward J. Damich. (sms)
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                                                                                                                                                  Legal Document 82 Filed: 4/29/2005, Entered: 4/29/2005 Court Filing
                                                                                                                                                  PUBLISHED OPINION on [53] Defendant's MOTION for Summary Judgment Upon Counts I And II Of Plaintiff's Complaint And, In The Alternative, For Partial Summary Judgment Upon Defendant's Right To Recover Unpaid Fees, and on [59] Plaintiff's MOTION for Summary Judgment on Contract Liability. The parties shall submit a Status Report on or before June 6, 2005. Signed by Chief Judge Edward J. Damich. (jsb)
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                                                                                                                                                    Blank -- Filed: 4/27/2005, Entered: 4/27/2005
                                                                                                                                                    ORDER granting [81] Plaintiff's Unopposed Motion for Extension of Time. Plaintiff's Dispositive Motion(s) on rate and date of acceptance shall be due on or before 6/20/2005. The parties shall file a Joint Status Report on or before 6/6/2005 on the status (with specificity) of settlement discussions and the parties' respective plans for further dispositive motions and trial preparation.Signed by Chief Judge Edward J. Damich. (jsb)
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                                                                                                                                                      Legal Document 81 Filed: 4/21/2005, Entered: 4/21/2005, Terminated: 4/27/2005 Motion for Extension of Time
                                                                                                                                                      Unopposed MOTION for Extension of Time until June 6, 2005 (status report to be submitted) to filing Motions for Summary Judgment filed by CONSUMERS ENERGY COMPANY. Response due by 5/9/2005. (Mason, Thomas)
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                                                                                                                                                        Blank -- Filed: 3/22/2005, Entered: 3/22/2005
                                                                                                                                                        ORDER granting [80] Plaintiff's unopposed Motion for Extension of Time within which to file its motions(s) for summary judgment on rate and date of acceptance of spent nuclear fuel. Plaintiff's motion(s) shall be due by 04/22/2005. Signed by Chief Judge Edward J. Damich. (jsb)
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                                                                                                                                                          Legal Document 80 Filed: 3/21/2005, Entered: 3/21/2005, Terminated: 3/22/2005 Motion for Extension of Time
                                                                                                                                                          Third MOTION for Extension of Time until April 21, 2005 to Motions for Summary Judgment on Rate and Date of Acceptance filed by CONSUMERS ENERGY COMPANY. Response due by 4/7/2005 (Purcell, Francis)
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                                                                                                                                                            Legal Document 79 Filed: 3/2/2005, Entered: 3/2/2005 Court Filing
                                                                                                                                                            TRANSCRIPT of Proceedings held on 2/16/05 before Judge Edward J. Damich. (eph, )
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                                                                                                                                                              Legal Document 78 Filed: 3/1/2005, Entered: 3/1/2005
                                                                                                                                                              NOTICE by USA re [74] Order,, Relating to Defendant's Motion For Summary Judgment Upon Counts I And II Of Plaintiff's Complaint and Defendant's Response To Plaintiff's Cross-Motion For Summary Judgment Upon Defendant's Counterclaim And Affirmative Defenses (Lester, Harold)
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                                                                                                                                                                Legal Document 77 Filed: 2/28/2005, Entered: 2/28/2005
                                                                                                                                                                NOTICE by CONSUMERS ENERGY COMPANY of Plaintiff's Supplemental Appendix (i) in Opposition to Defendant's Motion for Summary Judgment Upon Counts I and II of Plaintiff's Complaint and, in the Alternative, for Partial Summary Judgment upon Defendant's Right to Recover Unpaid Fees, and (ii) in Support of Plaintiff's Cross-Motion for Summary Judgment to Dismiss the Government's Counterclaim and Affirmative Defenses Relating to One-Time Fee (Attachments: # (1) Exhibit)(Purcell, Francis)
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                                                                                                                                                                  Legal Document 76 Filed: 2/28/2005, Entered: 2/28/2005
                                                                                                                                                                  NOTICE by CONSUMERS ENERGY COMPANY of Plaintiff's Supplemental Appendix in Support of Plaintiff's Motion for Summary Judgment on Contract Liability (Attachments: # (1) Exhibit)(Purcell, Francis)
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                                                                                                                                                                    Legal Document 75 Filed: 2/24/2005, Entered: 2/24/2005
                                                                                                                                                                    NOTICE by USA re [74] Order,, (Lester, Harold)
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                                                                                                                                                                      Blank -- Filed: 2/24/2005, Entered: 2/24/2005
                                                                                                                                                                      Set/Reset Transcript Deadlines: Transcript due by 3/4/2005. (vp1, )
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                                                                                                                                                                        Legal Document 74 Filed: 2/22/2005, Entered: 2/22/2005 Court Filing
                                                                                                                                                                        ORDER: the parties shall file, as supplemental appendices, the documents they identified respectively during oral argument on February 16, 2005. The parties' filings shall note to which motion for summary judgment they relate; if a party's document relates to both of the motions for summary judgment at issue at the oral argument, the party shall submit separate electronic filings as to each motion. The documents shall be filed on or before March 1, 2005. Signed by Chief Judge Edward J. Damich. (jsb)
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                                                                                                                                                                          Legal Document 73 Filed: 1/19/2005, Entered: 1/19/2005 Court Filing
                                                                                                                                                                          ORDER Setting hearing on [53] Defendant's MOTION for Summary Judgment Upon Counts I And II Of Plaintiff's Complaint And, In The Alternative, For Partial Summary Judgment Upon Defendant's Right To Recover Unpaid Fees and on [59] Plaintiff's MOTION for Summary Judgment on Contract Liability: Oral Argument set for 2/16/2005 10:00 AM in National Courts Building before Chief Judge Edward J. Damich. Signed by Chief Judge Edward J. Damich. (jsb)
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                                                                                                                                                                            Blank -- Filed: 1/19/2005, Entered: 1/19/2005
                                                                                                                                                                            ORDER granting [72] Plaintiiff's unopposed Motion for Extension of Time, to 3/21/05, within which to file its proposed motions for summary judgment on rate and date of acceptance of spent nuclear fuel. The Joint Status Report previously scheduled for 2/22/05 is canceled. Signed by Chief Judge Edward J. Damich. (jsb)
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                                                                                                                                                                              Legal Document 72 Filed: 1/17/2005, Entered: 1/17/2005, Terminated: 1/19/2005 Motion for Extension of Time
                                                                                                                                                                              Second MOTION for Extension of Time until March 21, 2005 to Motion for Summary Judgment on Rate and Date of Acceptance by CONSUMERS ENERGY COMPANY. Response due by 2/3/2005 (Purcell, Francis)
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                                                                                                                                                                                Legal Document 71 Filed: 1/13/2005, Entered: 1/13/2005
                                                                                                                                                                                REPLY to Response to Motion re [59] MOTION for Summary Judgment on Contract Liability filed by CONSUMERS ENERGY COMPANY. (Attachments: # (1) Appendix Section A# (2) Appendix Section B# (3) Appendix Section C# (4) Appendix Section D# (5) Appendix Section E# (6) Appendix Section F# (7) Appendix Section G# (8) Appendix Section H# (9) Appendix Section I# (10) Appendix Section J# (11) Appendix Section K)(Purcell, Francis)
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                                                                                                                                                                                  Blank -- Filed: 1/3/2005, Entered: 1/5/2005 Set Deadlines/Hearings:
                                                                                                                                                                                  Set Deadlines/Hearings: Reply due by 1/13/2005. (dw1)
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                                                                                                                                                                                    Blank -- Filed: 1/3/2005, Entered: 1/3/2005
                                                                                                                                                                                    ORDER granting [70] Plaintiff's unopposed Motion for Enlargement of Time to File its Reply to [68] Defendant's Response to [59] Plaintiff's Motion for Summary Judgment on Contract Liability. Plaintiff's Reply shall be filed on or before 1/13/2005. Signed by Chief Judge Edward J. Damich. (jsb)
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                                                                                                                                                                                      Legal Document 70 Filed: 12/28/2004, Entered: 12/28/2004, Terminated: 1/3/2005 Motion for Extension of Time to File Response/Repl
                                                                                                                                                                                      Unopposed MOTION for Extension of Time to File Reply to [68] Response to Motion (until 01/13/2005) by CONSUMERS ENERGY COMPANY. Response due by 1/14/2005 (Purcell, Francis) Modified on 1/4/2005 for clarity (dw1).
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                                                                                                                                                                                        Legal Document 69 Filed: 12/22/2004, Entered: 12/22/2004
                                                                                                                                                                                        RESPONSE to PROPOSED FINDINGS of Uncontroverted Fact Relating To Plaintiff's October 18, 2004 Motion For Summary Judgment On Contract Liability, Filed Pursuant To This Court's Order Dated December 22, 2004, by USA. (Lester, Harold)
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                                                                                                                                                                                          Blank -- Filed: 12/22/2004, Entered: 12/22/2004
                                                                                                                                                                                          ORDER granting [66] Defendant's Motion for Leave to File Response to Plaintiff's Proposed Findings of Fact. Because, under electronic case filing (ECF) protocol, motions for leave to file must first be granted before a party may file the document in question, Defendant shall file its Response to Plaintiff's Proposed Findings of Fact as a separate filing, on or before January 7, 2005. Signed by Chief Judge Edward J. Damich. (jsb)
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                                                                                                                                                                                            Legal Document 68 Filed: 12/20/2004, Entered: 12/20/2004
                                                                                                                                                                                            RESPONSE to [59] MOTION for Summary Judgment on Contract Liability filed by USA. Reply due by 1/3/2005. (Attachments: # (1) # (2) # (3) # (4) # (5) # (6) # (7) # (8) # (9) # (10) # (11) # (12) # (13) # (14) # (15) # (16) # (17) # (18) # (19) # (20) # (21) # (22) # (23) # (24) # (25) # (26) # (27) # (28) # (29) # (30) # (31) # (32) # (33) # (34) # (35) # (36) # (37))(Lester, Harold)
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                                                                                                                                                                                            Legal Document 67 Filed: 12/20/2004, Entered: 12/20/2004
                                                                                                                                                                                            PROPOSED FINDINGS of Uncontroverted Fact Accompanying Defendant's Response To Plaintiff's October 18, 2004 Motion For Summary Judgment On Contract Liability by USA. (Lester, Harold)
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                                                                                                                                                                                              Legal Document 66 Filed: 12/20/2004, Entered: 12/20/2004, Terminated: 12/22/2004 Motion for Leave to File
                                                                                                                                                                                              MOTION for Leave to File Defendant's Response To Plaintiff's Proposed Findings Of Fact Contained In Plaintiff's Motion For Summary Judgment On Contract Liability by USA. Response due by 1/6/2005 (Attachments: # (1))(Lester, Harold)
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                                                                                                                                                                                                Blank -- Filed: 12/20/2004, Entered: 12/21/2004 Set Deadlines/Hearings:
                                                                                                                                                                                                Set Deadlines/Hearings: Reply due by 1/6/2005. (dw1)
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                                                                                                                                                                                                  Blank -- Filed: 12/20/2004, Entered: 12/20/2004
                                                                                                                                                                                                  ORDER granting [65] Defendant's Second MOTION for Extension of Time, until 12/20/04, to File Response to [59] Plaintiff's MOTION for Summary Judgment on Contract Liability. Signed by Chief Judge Edward J. Damich. (jsb)
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                                                                                                                                                                                                    Legal Document 65 Filed: 12/17/2004, Entered: 12/18/2004 Terminated:
                                                                                                                                                                                                    Second MOTION for Extension of Time to File Response to [59] MOTION for Summary Judgment on Contract Liability,until 12/20/2004, by USA. Response due by 1/3/2005 (Lester, Harold) Modified on 12/20/2004 for clarity (dw1).
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                                                                                                                                                                                                      Legal Document 64 Filed: 12/17/2004, Entered: 12/17/2004
                                                                                                                                                                                                      REPLY to Response to Motion re [53] MOTION for Summary Judgment Upon Counts I And II Of Plaintiff's Complaint And, In The Alternative, For Partial Summary Judgment Upon Defendant's Right To Recover Unpaid Fees , And Response To Plaintiff's Cross-Motion For Summary Judgment Upon Defendant's Counterclaim And Affirmative Defenses filed by USA. (Attachments: # (1) # (2))(Lester, Harold)
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                                                                                                                                                                                                        Blank -- Filed: 11/29/2004, Entered: 12/1/2004 Set/Reset Deadlines:
                                                                                                                                                                                                        Set/Reset Deadlines: On or before 2/16/2005, Pltf shall file its proposed motion(s) for summary judgment on the rate and date of acceptance of spent nuclear fuel. On or before 2/22/2005, the parties shall file a Joint Status Report. (jcp, )
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                                                                                                                                                                                                          Blank -- Filed: 11/29/2004, Entered: 11/29/2004
                                                                                                                                                                                                          ORDER granting [63] Plaintiff's Unopposed Motion for Extensions of Time: 1) on or before February 16, 2005, Plaintiff shall file its proposed motion(s) for summary judgment on the rate and date of acceptance of spent nuclear fuel; and 2) on or before February 22, 2005, the parties shall file a Joint Status Report regarding the need, if any, to conduct additional discovery. Signed by Chief Judge Edward J. Damich. (jsb)
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                                                                                                                                                                                                            Legal Document 63 Filed: 11/19/2004, Entered: 11/19/2004, Terminated: 11/29/2004 Motion for Extension of Time
                                                                                                                                                                                                            MOTION for Extension of Time until Febuary 16, 2005 to Proposed Motions for Summary Judgment on Rate and Date of Acceptance by CONSUMERS ENERGY COMPANY. Response due by 12/6/2004 (Purcell, Francis)
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                                                                                                                                                                                                              Blank -- Filed: 11/19/2004, Entered: 11/22/2004 Set Deadlines/Hearings:
                                                                                                                                                                                                              Set Deadlines/Hearings: Reply due by 12/17/2004. Response due by 12/17/2004. (dw1)
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                                                                                                                                                                                                                Blank -- Filed: 11/19/2004, Entered: 11/19/2004
                                                                                                                                                                                                                ORDER granting [62] Defendant's Motion for Extension of Time. On or before December 17, 2004, Defendant shall file: 1) its Response to [59] Plaintiff's Motion for Summary Judgment on Contract Liability, and 2) its Reply to [60] Plaintiff's Response to [53] Defendant's Motion for Summary Judgment Upon Counts I and II of Plaintiff's Complaint and, In The Alternative, for Partial Summary Judgment Upon Defendant's Right to Recover Unpaid Fees. Signed by Chief Judge Edward J. Damich. (jsb)
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                                                                                                                                                                                                                  Legal Document 62 Filed: 11/17/2004, Entered: 11/17/2004, Terminated: 11/19/2004 Motion for Extension of Time
                                                                                                                                                                                                                  MOTION for Extension of Time until 12/17/04 to file Defendant's response to plaintiff's cross-motion for summary judgment on contract liability and defendant's reply to plaintiff's response to defendant's motion for summary judgment upon Counts I and II of plaintiff's complaint by USA. Response due by 12/6/2004 (Lester, Harold)
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                                                                                                                                                                                                                    Legal Document 61 Filed: 10/18/2004, Entered: 10/28/2004 TranscriptCourt Filing
                                                                                                                                                                                                                    TRANSCRIPT of Proceedings held on 09/14/04 before Chief Judge Edward J. Damich. (jat, )
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                                                                                                                                                                                                                      Legal Document 60 Filed: 10/18/2004, Entered: 10/18/2004
                                                                                                                                                                                                                      RESPONSE to [53] MOTION for Summary Judgment Upon Counts I And II Of Plaintiff's Complaint And, In The Alternative, For Partial Summary Judgment Upon Defendant's Right To Recover Unpaid Fees and Cross-Motion for Summary Judgment to Dismiss the Government's Counterclaim and Affirmative Defense Relating to One-Time Fee filed by CONSUMERS ENERGY COMPANY. Reply due by 11/1/2004. (Attachments: # (1) Appendix Appendix Part 1# (2) Appendix Appendix Part 2# (3) Appendix Appendix Part 3# (4) Appendix Appendix Part 4# (5) Appendix Appendix Part 5# (6) Appendix Appendix Part 6# (7) Appendix Appendix Part 7# (8) Appendix Appendix Part 8# (9) Appendix Appendix Part 9# (10) Appendix Appendix Part 10# (11) Appendix Appendix Part 11# (12) Appendix Appendix Part 12# (13) Appendix Appendix Part 13# (14) Appendix Appendix Part 14# (15) Appendix Appendix Part 15# (16) Appendix Appendix Part 16# (17) Appendix Appendix Part 17# (18) Appendix Appendix Part 18# (19) Appendix Appendix Part 19)(Purcell, Francis)
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                                                                                                                                                                                                                      Legal Document 59 Filed: 10/18/2004, Entered: 10/18/2004, Terminated: 4/29/2005 Motion for Summary Judgment
                                                                                                                                                                                                                      MOTION for Summary Judgment on Contract Liability by CONSUMERS ENERGY COMPANY. Response due by 11/18/2004 (Attachments: # (1) Appendix Part 1 of 6# (2) Affidavit Part 2 of 6# (3) Appendix Part 3 of 6# (4) Appendix Part 4 of 6# (5) Appendix Part 5 of 6# (6) Appendix Part 6 of 6)(Purcell, Francis)
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                                                                                                                                                                                                                      Legal Document 58 Filed: 9/22/2004, Entered: 9/22/2004 Court Filing
                                                                                                                                                                                                                      SCHEDULING ORDER: Plaintiff's Response to Defendant's motion [53], and Plaintiff's motions for liability and dismissal of counter-claim, shall be filed on or before 10/18/2004. Plaintiff's dispositive motion(s) on rate and date of SNF acceptance shall be filed on or before 1/18/2005. Joint Status Report shall be filed by 1/24/2005 re need, if any, to conduct additional discovery. Signed by Chief Judge Edward J. Damich. (jsb)
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                                                                                                                                                                                                                        Blank -- Filed: 9/14/2004, Entered: 9/14/2004
                                                                                                                                                                                                                        Set/Reset Transcript Deadlines: Transcript due by 10/14/2004. (vp1, )
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                                                                                                                                                                                                                          Legal Document 57 Filed: 9/7/2004, Entered: 9/7/2004
                                                                                                                                                                                                                          STATUS REPORT by CONSUMERS ENERGY COMPANY. (Purcell, Francis)
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                                                                                                                                                                                                                            Blank -- Filed: 8/5/2004, Entered: 8/5/2004
                                                                                                                                                                                                                            ORDER re docket entry [56] re Plaintiff's Answer to [52] Defendant's Amended Answer, Affirmative Defenses, and Counterclaims: JPSR stayed until further notice. Signed by Chief Judge Edward J. Damich. (jsb)
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                                                                                                                                                                                                                              Legal Document 56 Filed: 8/2/2004, Entered: 8/2/2004
                                                                                                                                                                                                                              ANSWER to [52] Amended Answer and Counterclaims by CONSUMERS ENERGY COMPANY. JPSR due by 9/23/2004.(Purcell, Francis) Modified on 8/3/2004 (jcp, ).
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                                                                                                                                                                                                                                Legal Document 55 Filed: 7/26/2004, Entered: 7/28/2004 TranscriptCourt Filing
                                                                                                                                                                                                                                TRANSCRIPT of Proceedings in One Volume held on 7/13/2004 before Chief Judge Edward J. Damich. (jcp, )
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                                                                                                                                                                                                                                  Legal Document 54 Filed: 7/9/2004, Entered: 7/9/2004
                                                                                                                                                                                                                                  PROPOSED FINDINGS of Uncontroverted Fact by USA. (Lester, Harold)
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                                                                                                                                                                                                                                    Legal Document 53 Filed: 7/9/2004, Entered: 7/9/2004, Terminated: 4/29/2005 Motion for Summary Judgment
                                                                                                                                                                                                                                    MOTION for Summary Judgment Upon Counts I And II Of Plaintiff's Complaint And, In The Alternative, For Partial Summary Judgment Upon Defendant's Right To Recover Unpaid Fees by USA. Response due by 8/9/2004 (Attachments: # (1) # (2) # (3) # (4))(Lester, Harold)
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                                                                                                                                                                                                                                    Legal Document 52 Filed: 7/9/2004, Entered: 7/9/2004
                                                                                                                                                                                                                                    AMENDED ANSWER to Plaintiff's [1] Complaint , Affirmative Defenses, And Counterclaims by USA. (Lester, Harold)
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                                                                                                                                                                                                                                      Blank -- Filed: 7/7/2004, Entered: 7/7/2004
                                                                                                                                                                                                                                      ORDER granting [51] Defendant's Unopposed Motion for Extension of Time. Defendant's Dispositive Motion and Amended Answer shall be due by 7/9/2004. Signed by Chief Judge Edward J. Damich. (jsb)
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                                                                                                                                                                                                                                        Legal Document 51 Filed: 7/6/2004, Entered: 7/6/2004, Terminated: 7/7/2004 Motion for Extension of Time
                                                                                                                                                                                                                                        Consent MOTION for Extension of Time until 7/9/2004 to file Defendant's Motion For Summary Judgment Pursuant To The Court's June 25, 2004 Order by USA. Response due by 7/23/2004 (Lester, Harold)
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                                                                                                                                                                                                                                          Legal Document 50 Filed: 6/25/2004, Entered: 6/25/2004 Court Filing
                                                                                                                                                                                                                                          SCHEDULING ORDER:Amended Answer Due by 7/6/2004. Defendant's Dispositive Motion due by 7/6/2004, Plaintiff's response to which is stayed until further notice. Plaintiff's Status Report due by 9/7/2004. Telephonic Status Conference set for 9/14/2004, 10:00 AM, before Chief Judge Edward J. Damich. Signed by Chief Judge Edward J. Damich. (jsb)
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                                                                                                                                                                                                                                            Blank -- Filed: 6/25/2004, Entered: 6/25/2004
                                                                                                                                                                                                                                            Minute Entry for proceedings held before Chief Judge Edward J. Damich: Status Conference held on 6/23/04. (sms)
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                                                                                                                                                                                                                                              Blank -- Filed: 6/23/2004, Entered: 6/23/2004
                                                                                                                                                                                                                                              Set/Reset Transcript Deadlines: Transcript due by 7/23/2004. (vp1, )
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                                                                                                                                                                                                                                                Legal Document 49 Filed: 6/10/2004, Entered: 6/10/2004 Court Filing
                                                                                                                                                                                                                                                ORDER granting [40] Motion for Status Conference, granting [43] Motion for Status Conference. Telephonic Status Conference set for 6/23/2004 10:00 AM before Chief Judge Edward J. Damich. Signed by Chief Judge Edward J. Damich. (jsb)
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                                                                                                                                                                                                                                                  Blank -- Filed: 6/8/2004, Entered: 6/8/2004
                                                                                                                                                                                                                                                  Minute Entry for proceedings held before Judge Diane Gilbert Sypolt: pre-Discovery Hearing held on April 30, 2004. (sms)
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                                                                                                                                                                                                                                                    Legal Document 48 Filed: 5/12/2004, Entered: 5/12/2004 Court Filing
                                                                                                                                                                                                                                                    ORDER staying discovery on rate of acceptance or damages issues, with exceptions, through December 31, 2004. Signed by Chief Judge Edward J. Damich. (jsb)
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                                                                                                                                                                                                                                                      Legal Document 47 Filed: 4/30/2004, Entered: 4/30/2004 Court Filing
                                                                                                                                                                                                                                                      ORDER staying action until further notice on [3] Defendant's Motion to Dismiss Count III ("Taking Without Just Compensation"). Signed by Chief Judge Edward J. Damich. (jsb)
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                                                                                                                                                                                                                                                        Legal Document 46 Filed: 4/23/2004, Entered: 4/23/2004
                                                                                                                                                                                                                                                        RESPONSE to [44] Order regarding pre-discovery conference to be convened on April 30, 2004 filed by USA. (Attachments: # (1) # (2) # (3))(Lester, Harold)
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                                                                                                                                                                                                                                                        Legal Document 45 Filed: 4/23/2004, Entered: 4/23/2004
                                                                                                                                                                                                                                                        STATUS REPORT Regarding Discovery Plans and Objectives Pursuant to Court's Order dated April 14, 2004 by CONSUMERS ENERGY COMPANY. (Purcell, Francis)
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                                                                                                                                                                                                                                                          Blank -- Filed: 4/16/2004, Entered: 4/16/2004
                                                                                                                                                                                                                                                          Set Deadlines/Hearings: Parties Dicovery Report(s) due by 4/23/2004. Pre-Discovery Conference set for 4/30/2004 02:00 PM in National Courts Building before Chief Judge Edward J. Damich. (dw1)
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                                                                                                                                                                                                                                                            Legal Document 44 Filed: 4/14/2004, Entered: 4/14/2004 Court Filing
                                                                                                                                                                                                                                                            ORDER directing the parties to submit discovery report by 4/23/04 and noting pre-discovery conference scheduled for 4/30/04 before Judge Sypolt. Signed by Chief Judge Edward J. Damich. (sms)
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                                                                                                                                                                                                                                                              Legal Document 43 Filed: 3/11/2004, Entered: 3/11/2004, Terminated: 6/10/2004 Motion for Status Conference
                                                                                                                                                                                                                                                              Corrected MOTION for Status Conference by CONSUMERS ENERGY COMPANY. Response due by 3/29/2004 (Purcell, Francis)
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                                                                                                                                                                                                                                                                Blank -- Filed: 3/11/2004, Entered: 3/11/2004
                                                                                                                                                                                                                                                                ORDER re [42] Supplemental MOTION for Status Conference filed by CONSUMERS ENERGY COMPANY. The Clerk's Office is hereby directed to strike Plaintiff's motion because the electronic signature of the counsel of record is deficient: the electronic signature must be recorded as " s/ [name]" above the line that otherwise reflects counsel's name. The Court acknowledges the many fine nuances of electronic case filing and the learning curve attendant thereto (which ensnares the Court itself as well). The Court nevertheless insists on proper signature protocol. Counsel is directed to refile the motion.Signed by Chief Judge Edward J. Damich. (jsb)
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                                                                                                                                                                                                                                                                  Legal Document 42 Filed: 3/9/2004, Entered: 3/9/2004, Terminated: 3/11/2004 Motion for Status Conference
                                                                                                                                                                                                                                                                  Supplemental MOTION for Status Conference by CONSUMERS ENERGY COMPANY. [STRIKEN PER ORDER OF 3/11/2004] Response due by 3/26/2004. (Purcell, Francis) Modified on 3/12/2004 (jcp, ).
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                                                                                                                                                                                                                                                                    Legal Document 41 Filed: 3/1/2004, Entered: 3/1/2004
                                                                                                                                                                                                                                                                    NOTICE of Designation of Electronic Case. (jcp, )
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                                                                                                                                                                                                                                                                      Blank 40 Filed: 2/4/2004, Entered: 2/9/2004, Terminated: 6/10/2004 Terminated:
                                                                                                                                                                                                                                                                      REQUEST for Status Conference by CONSUMERS ENERGY COMPANY.Service: 2/3/2004. Response due by 2/20/2004. (jcp, )
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                                                                                                                                                                                                                                                                        Blank -- Filed: 1/30/2004, Entered: 1/30/2004
                                                                                                                                                                                                                                                                        ORDER: The Court hereby DENIES [33] Dft's Second Motion to Renew its Motion toConsolidate as well as its previous motions relating to consolidation. The Court further LIFTS THE STAY of the remainder of the cases to which the Order of 4/16/2003, applied. The Clerk of the Court is directed to docket this Order in this case with an entry noting the same on the dockets of the remaining SNFcases captioned in Dft's instant motion, with a courtesy copy to all SNF parties and presiding SNF judges of the Court. [ORIGINAL DOCUMENT LOCATED IN CASE NO. 98-126C] Signed by Judge Edward J. Damich. (jcp, )
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                                                                                                                                                                                                                                                                          Blank 39 Filed: 12/1/2003, Entered: 12/4/2003 ~Notice (other)
                                                                                                                                                                                                                                                                          NOTICE of Counsel for Dft's Change of Telephone and Facsimile Numbers by USA. Service: 12/1/03.(jcp, )
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                                                                                                                                                                                                                                                                            Blank 38 Filed: 10/23/2003, Entered: 10/27/2003 OrderCourt Filing
                                                                                                                                                                                                                                                                            ORDER: The Court hereby ORDERS that all filings in this case relating to issues of consolidation shall be captioned solely in the name of this case and shall show the name of the presiding judge in tis case. A courtesy copy of any such filing relating to issues of consolidation shall also be provided to the Clerk's Office for transmission to the Chief Judge in his capacity as Chief Judge of the Court. Signed by Judge Edward J. Damich. (jcp, )
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                                                                                                                                                                                                                                                                              Blank 37 Filed: 9/3/2003, Entered: 9/8/2003 Reply to Response to MotionCourt Filing
                                                                                                                                                                                                                                                                              REPLY to Pltfs' Responses to [33] Dft's Second MOTION to the Chief Judge to Renew Consideration of Dft's Motion to Consolidate filed by USA. Service: 9/3/03.(jcp, )
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                                                                                                                                                                                                                                                                                Blank 36 Filed: 9/2/2003, Entered: 9/3/2003 Order on Motion for Extension of Time to File RespCourt Filing
                                                                                                                                                                                                                                                                                ORDER: On August 26, 2003, Dft filed a motion, directed to the Chief Judge, for an extension of time, to and including September 3, 2003, to reply to the responses of certain SNF Pltfs to Dft's second motion to renew its motion to consolidate. Dft's motion for enlargement, as well as its second motion to renew its motion to consolidate, is captioned in the name and case number of all 21 of the SNF cases presently before the CFC. The Court hereby GRANTS Dft's Motion for Enlargement to the limited extent that enlargement is requested for Dft's reply to the responses of the above-captioned Pltf, Consumers Energy Company, and ORDERS that Dft's reply shall be filed on or before September 3, 2003. Reply due by 9/3/2003. Signed by Judge Edward J. Damich. (jcp, )
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                                                                                                                                                                                                                                                                                  Blank -- Filed: 8/26/2003, Entered: 8/28/2003 Terminated:
                                                                                                                                                                                                                                                                                  MOTION to the Chief Judge for Extension of Time to File Reply to [35] Pltfs' Responses to Dft's Motion to Renew Its Motion to Consolidate, until 9/3/03, by USA. [Original document located in Case No. 98-126C]Service: 8/26/03. Response due by 9/12/2003.(jcp, )
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                                                                                                                                                                                                                                                                                    Blank 35 Filed: 8/15/2003, Entered: 8/19/2003 Response to Motion
                                                                                                                                                                                                                                                                                    OPPOSITION to [33] Dft's Second MOTION to Renew Its Motion to Consolidate filed by CONSUMERS ENERGY COMPANY. Reply due by 8/29/2003. Service: 8/15/03.(jcp, )
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                                                                                                                                                                                                                                                                                      Blank 34 Filed: 8/11/2003, Entered: 8/13/2003 OrderCourt Filing
                                                                                                                                                                                                                                                                                      ORDER: Counsel for the parties in this action previously have been informed by the Clerk that, on September 8, 2003, this case will be converted to electronic case filing. After that date, except in the highly limited circumstances authorized by General Order 2003-42, the Court will not accept the hard-copy filing of any document in this matter. Accordingly, if counsel has not done so already, he or she shall act forthwith to be registered and trained in preparation for the September 8, 2003, deadline. Signed by Judge Edward J. Damich. (jcp, )
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                                                                                                                                                                                                                                                                                        Blank -- Filed: 8/8/2003, Entered: 8/8/2003
                                                                                                                                                                                                                                                                                        Set/Reset Deadlines: Response due by 8/15/2003 (jcp, )
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                                                                                                                                                                                                                                                                                          Blank -- Filed: 8/5/2003, Entered: 8/7/2003 Remark
                                                                                                                                                                                                                                                                                          Dft's Motion to the Chief Judge for Leave to Correct Certificate of Service and to Waive Requirements of RCFC 5.3 Regarding "Dft's Second Motion [to the Chief Judge] to Renew its Motion to Consolidate." (Original Motion located in Case No. 98-126C) (jcp, )
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                                                                                                                                                                                                                                                                                            Blank 33 Filed: 7/30/2003, Entered: 7/31/2003 Terminated:
                                                                                                                                                                                                                                                                                            SECOND MOTION to Renew Its Motion to Consolidate by USA. [COPY] (Original Document in Case No. 98-126C)Service: 7/29/03 by hand. Response due by 8/12/2003. (jcp, )
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                                                                                                                                                                                                                                                                                              Blank 32 Filed: 7/18/2003, Entered: 7/21/2003 OrderCourt Filing
                                                                                                                                                                                                                                                                                              ORDER: Please note that, regarding the [30] Published Opinion of the Court issued on 7/1/03, in this case, in addition to Thomas O. Mason, Mclean, VA, as attorney of record for Pltf, Pltf's counsel includes the following as of counsel: Harvey J. Messing and Jeffrey S. Theuer, Loomis, Ewert, Parsley, Davis, and Gotting, P.C., Lansing, Michigan; and David A. Mikelonis and Arunas Udrys, Consumers Energy Company, Jackson, Michigan. Signed by Judge Nancy B. Firestone. (jcp, )
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                                                                                                                                                                                                                                                                                                Blank 31 Filed: 7/7/2003, Entered: 7/9/2003 Order on Motion to Amend/CorrectCourt Filing
                                                                                                                                                                                                                                                                                                ORDER: That the language, "For information sought that is or may be covered by the Privacy Act, dft, in response to any discovery properly propounded pursuant to the rules of the USCFC, is hereby authorized, pursuant to 5 USC 552a(b)(11), to release to opposing counsel in [this case] records which are relevant to this action, and which may be subject to the Privay Act, without obtaining prior written consent of the individual to whom such records pertain. Such disclosures shall be deemed authorized by law.", shall be added to the protective order entered by this Court on May 21, 2003Signed by Judge Edward J. Damich. (jcp, )
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                                                                                                                                                                                                                                                                                                  Blank 30 Filed: 7/1/2003, Entered: 7/3/2003 Published OpinionCourt Filing
                                                                                                                                                                                                                                                                                                  PUBLISHED OPINION: For the reasons stated, the Court GRANTS [3] Dft's Motion to Dismiss Count IV, "Illegal Exaction," of Pltf's Complaint.Signed by Judge Edward J. Damich. (jcp, )
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                                                                                                                                                                                                                                                                                                    Blank 29 Filed: 6/17/2003, Entered: 6/19/2003 Terminated:
                                                                                                                                                                                                                                                                                                    MOTION to Amend/Correct the [28] Protective Order Entered by the Court on May 21, 2003 by UNITED STATES.Service: 06/17/03 by hand. Response due by 7/7/2003 (jcp, )
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                                                                                                                                                                                                                                                                                                      Blank 28 Filed: 5/21/2003, Entered: 5/30/2003 OrderCourt Filing
                                                                                                                                                                                                                                                                                                      ORDER re: Agreement and Protective Order. Signed by Judge Edward J. Damich. (dw1, )
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                                                                                                                                                                                                                                                                                                        Blank 27 Filed: 5/21/2003, Entered: 5/29/2003 TranscriptCourt Filing
                                                                                                                                                                                                                                                                                                        TRANSCRIPT of Proceedings held on 5/15/03 before Chief Judge Edward J. Damich. (hw1, )
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                                                                                                                                                                                                                                                                                                          Blank -- Filed: 5/21/2003, Entered: 5/21/2003
                                                                                                                                                                                                                                                                                                          Set/Reset Transcript Deadlines: Transcript due by 5/20/2003. (vp1, )
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                                                                                                                                                                                                                                                                                                            Blank 26 Filed: 5/15/2003, Entered: 5/25/2003 Terminated:
                                                                                                                                                                                                                                                                                                            MOTION for Protective Order by UNITED STATES.Service: 5/15/03 by hand. (hw1, )
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                                                                                                                                                                                                                                                                                                              Blank 25 Filed: 5/8/2003, Entered: 5/13/2003 Response
                                                                                                                                                                                                                                                                                                              RESPONSE to [24] Scheduling Order filed by CONSUMERS ENERGY COMPANY. Service: 5/8/03.(dw1, )
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                                                                                                                                                                                                                                                                                                                Blank 24 Filed: 5/1/2003, Entered: 5/5/2003 Scheduling OrderCourt Filing
                                                                                                                                                                                                                                                                                                                SCHEDULING ORDER: Plaintiffs' description of discovery due by 5/8/2003. Status Conference set for 5/15/2003 before Chief Judge Edward J. Damich. Signed by Judge Edward J. Damich. (dw1, )
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                                                                                                                                                                                                                                                                                                                  Blank 23 Filed: 4/30/2003, Entered: 5/1/2003 Order Setting Oral Argument/Hearing on MotionCourt Filing
                                                                                                                                                                                                                                                                                                                  ORDER Setting Hearing on Motion [3] Motion to Dismiss: Oral Argument set for 5/15/2003 10:00 AM before Chief Judge Edward J. Damich. Signed by Judge Edward J. Damich. (dw1, )
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                                                                                                                                                                                                                                                                                                                    Blank 22 Filed: 4/21/2003, Entered: 4/22/2003 Response to Motion
                                                                                                                                                                                                                                                                                                                    RESPONSE to [20] MOTION for early pretrial conference filed by the United States. Reply due by 5/5/2003. Service: 4/21/03.(dls, )
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                                                                                                                                                                                                                                                                                                                      Blank 20 Filed: 4/4/2003, Entered: 4/22/2003 Terminated:
                                                                                                                                                                                                                                                                                                                      MOTION for early pretrial conference filed by CONSUMERS ENERGY COMPANY.Service: 4/4/03. Response due by 4/21/2003 (included in response in opposition to possible consolidation or reassignment)(dls, )
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                                                                                                                                                                                                                                                                                                                        Blank 20 Filed: 4/4/2003, Entered: 4/9/2003 Response
                                                                                                                                                                                                                                                                                                                        RESPONSE to [13] Order filed by CONSUMERS ENERGY COMPANY. Service: 4/4/03.(dw1, ) (includes a request for early pretrial conference) Modified on 4/22/2003 (dls, ).
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                                                                                                                                                                                                                                                                                                                          Blank 21 Filed: 4/2/2003, Entered: 4/10/2003 Order Setting Oral Argument/Hearing on MotionCourt Filing
                                                                                                                                                                                                                                                                                                                          ORDER Setting Hearing on [3] Motion to Dismiss: Oral Argument set for 5/15/2003 at 10:00 AM before Chief Judge Edward J. Damich. Signed by Judge Edward J. Damich. (lrd)
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                                                                                                                                                                                                                                                                                                                            Blank 19 Filed: 3/24/2003, Entered: 3/27/2003 Order on Motion for Extension of Time to File RespCourt Filing
                                                                                                                                                                                                                                                                                                                            ORDER granting [17] Motion for Extension of Time to File Reply to the motion to dismiss counts III and IV of the complaint. Defendant's Reply due 3/24/2003. Signed by Judge Edward J. Damich. (lrd)
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                                                                                                                                                                                                                                                                                                                              Blank 18 Filed: 3/24/2003, Entered: 3/26/2003 Reply to Response to Motion
                                                                                                                                                                                                                                                                                                                              REPLY to Response to Motion re [3] Motion to Dismiss filed by The United States. Service: 3/24/03.(dw1, )
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                                                                                                                                                                                                                                                                                                                                Blank 17 Filed: 3/21/2003, Entered: 3/25/2003, Terminated: 3/24/2003 Terminated:
                                                                                                                                                                                                                                                                                                                                MOTION for Extension of Time to File Reply to the Motion to Dismiss Counts III and IV of the complaint, until 3/24/03, by The United States. Service: 3/21/03.Response due 4/7/2003. (lrd)
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                                                                                                                                                                                                                                                                                                                                  Blank 16 Filed: 3/18/2003, Entered: 3/21/2003 OrderCourt Filing
                                                                                                                                                                                                                                                                                                                                  ORDER, re: See order in 98-126C. Signed by Judge Edward J. Damich. (lrd)
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                                                                                                                                                                                                                                                                                                                                    Blank 15 Filed: 3/12/2003, Entered: 3/13/2003 Reply to Response to MotionCourt Filing
                                                                                                                                                                                                                                                                                                                                    REPLY by USA to response to [9-1] motion for Leave to file a copy of the "Motion to renew consideration of 'The United States' motion to the Chief Judge to reassign to a single judge, etc.", [9-2] motion for issuance of notices pursuant to 41 U.S.C. Section 114(b). Service: 3/12/03. (LTD)
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                                                                                                                                                                                                                                                                                                                                      Blank 14 Filed: 3/10/2003, Entered: 3/11/2003 Terminated: Court Filing
                                                                                                                                                                                                                                                                                                                                      MOTION by CONSUMERS ENERGY (Service: 3/10/03) to Extend Time to respond to the Motion to the Chief Judge to Reassign to a Single Judge, etc. . Response due: 3/27/03. (LTD)
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                                                                                                                                                                                                                                                                                                                                        Blank 13 Filed: 3/7/2003, Entered: 3/10/2003 OrderCourt Filing
                                                                                                                                                                                                                                                                                                                                        ORDER re: See order [612-1] dated 3/7/03, in case 98-126C (signed by Chief Judge Edward J. Damich). Copy to parties. (FE)
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                                                                                                                                                                                                                                                                                                                                          Blank 12 Filed: 3/4/2003, Entered: 3/6/2003 Response to Motion
                                                                                                                                                                                                                                                                                                                                          RESPONSE by CONSUMERS ENERGY (Service: 3/4/03) to [3-1] motion to Dismiss. Reply due: 3/21/03. (LTD)
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                                                                                                                                                                                                                                                                                                                                            Blank 11 Filed: 3/3/2003, Entered: 3/6/2003 Response to MotionCourt Filing
                                                                                                                                                                                                                                                                                                                                            RESPONSE by CONSUMERS ENERGY (Service: 3/3/03) to [9-1] motion for Leave to file a copy of the "Motion to renew consideration of 'The United States' motion to the Chief Judge to reassign to a single judge, etc." Reply due: 3/17/03. (LTD)
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                                                                                                                                                                                                                                                                                                                                              Blank 10 Filed: 2/24/2003, Entered: 3/3/2003 OrderCourt Filing
                                                                                                                                                                                                                                                                                                                                              ORDER, re: See order in 98-126C (signed by Judge Diane Gilbert Sypolt). Copy to parties. (LTD)
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                                                                                                                                                                                                                                                                                                                                                Blank 9 Filed: 2/14/2003, Entered: 2/25/2003 Terminated: Court Filing
                                                                                                                                                                                                                                                                                                                                                MOTION by USA (Service: 2/14/03) for Leave to file a copy of the "Motion to renew consideration of 'The United States' motion to the Chief Judge to reassign to a single judge, etc." , and for issuance of notices pursuant to 41 U.S.C. Section 114(b) . Response due: 3/3/03. (LTD)
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                                                                                                                                                                                                                                                                                                                                                  Blank 8 Filed: 2/14/2003, Entered: 2/24/2003 Answer
                                                                                                                                                                                                                                                                                                                                                  ANSWER to Complaint by USA. Service: 2/14/03 (JPSR due 4/7/03). (HW)
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                                                                                                                                                                                                                                                                                                                                                    Blank 7 Filed: 1/31/2003, Entered: 2/12/2003 OrderCourt Filing
                                                                                                                                                                                                                                                                                                                                                    ORDER granting [6-1] motion to Extend Time to respond to the motion to dismiss Response to [3-1] motion to Dismiss reset to 3/4/03 . The plaintiff's complaint is STAYED pending resolution of defendant's motion to dismiss (signed by Chief Judge Edward J. Damich) Copy to parties. (HW)
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                                                                                                                                                                                                                                                                                                                                                      Blank 6 Filed: 1/30/2003, Entered: 2/7/2003, Terminated: 1/31/2003 Terminated:
                                                                                                                                                                                                                                                                                                                                                      MOTION by CONSUMERS ENERGY (Service: 1/29/03) to Extend Time to respond to the motion to dismiss until 3/4/03. Response due: 2/18/03. (LTD)
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                                                                                                                                                                                                                                                                                                                                                        Blank 5 Filed: 1/7/2003, Entered: 1/11/2003 OrderCourt Filing
                                                                                                                                                                                                                                                                                                                                                        STANDARD SPECIAL PROCEDURES ORDER (signed by Chief Judge Edward J. Damich). Copy to parties. (LTD)
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                                                                                                                                                                                                                                                                                                                                                          Blank 4 Filed: 1/3/2003, Entered: 1/8/2003 Notice of Appearance/
                                                                                                                                                                                                                                                                                                                                                          NOTICE of Attorney Appearance for USA by Harold Dewitt Lester Jr. Service by hand: 1/3/03. (LTD)
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                                                                                                                                                                                                                                                                                                                                                            Blank 3 Filed: 1/3/2003, Entered: 1/8/2003 Description not available
                                                                                                                                                                                                                                                                                                                                                            MOTION by USA (Service by hand: 1/3/03) to Dismiss . Response due: 1/31/03. (LTD) Modified on 3/26/2004 to reflect that motion is still pending as to Count III. (dls).
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                                                                                                                                                                                                                                                                                                                                                              Blank 2 Filed: 12/16/2002, Entered: 12/18/2002 Case Assigned/ReassignedCourt Filing
                                                                                                                                                                                                                                                                                                                                                              Notice of assignment to Chief Judge Edward J. Damich. Copy to parties. (FE)
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                                                                                                                                                                                                                                                                                                                                                                Blank 1 Filed: 12/16/2002, Entered: 12/18/2002 Complaint
                                                                                                                                                                                                                                                                                                                                                                COMPLAINT, FILING FEE $150, RECEIPT #055696. Answer due on 2/14/03. (FE)
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