PATRIOT MINING, et al v. USA
Federal Civil Lawsuit United States Court of Federal Claims, Case No. 1:02-cv-00971-MMS
District Judge Margaret M. Sweeney, presiding

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No Logo ANKER WEST VIRGINIA MINING COMPANY, INC., Plaintiff

Toggle Switch Represented by Jackson Kelly, PLLC

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

Toggle Switch Represented by Jackson Kelly, PLLC

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

Toggle Switch Represented by Jackson Kelly, PLLC

Name Phone Fax E-Mail
Space Thad Stevenson Huffman +1 202 973 0200 +1 202 973 0232 tshuffman@jacksonkelly.com
v.
United States of America United States of America, Defendant
Officially listed as "USA"

Toggle Switch Represented by United States Department of Justice

Name Phone Fax E-Mail
Space Robert Charles Stoddart +1 202 307 6445 robert.c.stoddart@usdoj.gov
Office COFC
Filed 8/13/2002
Jury Demand
Demand $543000
Nature of Suit 206 - Tax - Excise
Cause Section 28 U.S.C. § 1491 Tucker Act
Jurisdiction U.S. Government Defendant
Disposition Dismissed - Voluntarily
County
Terminated 5/27/2008
Origin 1
Reopened
Lead Case
101-cv-00614-MMS None
Related Case
Other Court Case None
Def Custody Status
Flags CLOSED, ECF, MEMBER
  Entries (48) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Blank -- Filed: 5/27/2008, Entered: 5/28/2008 Terminated Case - Public
SEE NO. 01-614T FOR Stipulation of Dismissal. Complaint dismissed pursuant to Rule 41(a)(1)(ii) this day. (dls)
    LREF
    Legal Document 40 Filed: 1/10/2007, Entered: 1/10/2007, Terminated: 1/10/2007 Motion to Substitute Attorney (Consented)
    Consented MOTION to Substitute Attorney Thad S. Huffman in place of Dennis J. Whittlesey, filed by PATRIOT MINING COMPANY, INC., JULIANNA MINING COMPANY, INC., ANKER WEST VIRGINIA MINING COMPANY, INC.. (Attachments: # (1) Declaration of Appointment)(Huffman, Thad)
    LREF
    Blank -- Filed: 1/10/2007, Entered: 1/16/2007 Add and Terminate Attorneys
    ***Attorney Thad Stevenson Huffman for PATRIOT MINING COMPANY, INC. and JULIANNA MINING COMPANY, INC. added. Attorney Dennis Jeffery Whittlesey terminated. (dls )
      LREF
      Blank -- Filed: 11/16/2006, Entered: 11/17/2006 Notice of Designation of Electronic Case
      SEE NO. 01-614T FOR NOTICE of Designation of Electronic Case. (dls )
        LREF
        Blank -- Filed: 11/16/2006, Entered: 11/17/2006 Order Designating ECF Case
        SEE NO. 01-614T FOR ORDER directing the Clerk to designate this case as an electronic (ECF) case. All future filings will be in electronic form. Signed by Judge Margaret M. Sweeney. (dls )
          LREF
          Blank -- Filed: 1/9/2006, Entered: 1/12/2006 Case Assigned/Reassigned
          Case reassigned to Judge Margaret Sweeney. Judge Lawrence M. Baskir no longer assigned to the case. (See No. 01-614T for Order and Notice of Reassignment.) (dls )
            LREF
            Blank 39 Filed: 7/15/2005, Entered: 7/20/2005 Stipulation
            Joint STIPULATION of Liability, filed by all parties. (mb2, )
              LREF
              Blank -- Filed: 12/15/2004, Entered: 12/22/2004 Case Assigned/Reassigned
              Case reassigned to Judge Lawrence M. Baskir. Judge Diane Gilbert Sypolt no longer assigned to the case. (dls)
                LREF
                Blank -- Filed: 12/2/2004, Entered: 12/9/2004 Remark
                Order consolidating this case with Case No. 01-614T entered this day. Original order located in Lead Case No. 01-614T. (jcp, )
                  LREF
                  Blank 38 Filed: 10/21/2004, Entered: 10/27/2004 OrderCourt Filing
                  ORDER granting the parties request that the stay in this matter remain in effect. Signed by Judge Diane Gilbert Sypolt. (jat, )
                    LREF
                    Blank 37 Filed: 10/13/2004, Entered: 10/20/2004 Joint Status ReportCourt Filing
                    JOINT STATUS REPORT by ANKER WEST VIRGINIA MINING COMPANY, INC., JULIANNA MINING COMPANY, INC. and PATRIOT MINING COMPANY, INC., by leave of the Judge. Service: 10/5/04.(dw1)
                      LREF
                      Blank 36 Filed: 10/13/2004, Entered: 10/20/2004 Order on Motion For Leave to File.Court Filing
                      ORDER granting [34] Motion for Leave to File Joint Status Report. Signed by Judge Nancy B. Firestone for Judge Diane Gilbert Sypolt. (dw1) Modified on 10/20/2004 (dw1).
                        LREF
                        Blank 35 Filed: 10/7/2004, Entered: 10/12/2004 Response to Motion
                        RESPONSE to [34] Pltfs' MOTION for Leave to File Joint Status Report Out of Time filed by USA. Reply due by 10/21/2004. Service: 10/7/2004.(jcp, )
                          LREF
                          Blank 34 Filed: 10/5/2004, Entered: 10/7/2004, Terminated: 10/13/2004 Terminated:
                          MOTION for Leave to File Joint Status Report Out of Time by ANKER WEST VIRGINIA MINING COMPANY, INC., JULIANNA MINING COMPANY, INC., PATRIOT MINING COMPANY, INC. Service: 10/5/2004. Response due by 10/22/2004.(jcp, )
                            LREF
                            Blank 33 Filed: 9/29/2004, Entered: 10/4/2004 Order Returning Document UnfiledCourt Filing
                            ORDER RETURNING: On 9/24/2004, the parties submitted a joint status report pursuant to the court's 8/27/2004 order. The clerk shall return the JSR, unfiled, because it is not signed by the attorney of record. Signed by Judge Bohdan A. Futey for Judge Diane Gilbert Sypolt. (jcp, )
                              LREF
                              Blank 32 Filed: 8/27/2004, Entered: 8/31/2004 Status Report/OrderCourt Filing
                              ORDER: On or before 9/24/2004, the parties shall file a report regarding the status of the pretrial offer in compromise and proposing a schedule for further proceedings. Signed by Judge Nancy B. Firestone for Judge Diane Gilbert Sypolt. (jcp, )
                                LREF
                                Blank 31 Filed: 7/14/2004, Entered: 7/16/2004 Notice of Appearance/
                                NOTICE of Appearance by Robert Charles Stoddart for USA. Service: 7/14/2004.(jcp, )
                                  LREF
                                  Blank 30 Filed: 3/17/2004, Entered: 3/18/2004 Joint Status Report
                                  JOINT STATUS REPORT by all parties. [FILED BY LEAVE OF THE JUDGE] (jcp, )
                                    LREF
                                    Blank 29 Filed: 3/17/2004, Entered: 3/18/2004 Order on Motion For Leave to File.Court Filing
                                    ORDER granting [28] Joint Motion for Leave to File Out of Time the Joint Status Report. The JSR shall be filed by leave of the court. Signed by Judge Nancy B. Firestone for Judge Diane Gilbert Sypolt. (jcp, )
                                      LREF
                                      Blank 28 Filed: 3/5/2004, Entered: 3/9/2004, Terminated: 3/17/2004 Terminated:
                                      JOINT MOTION for Leave to File Joint Status Report Out of Time by ANKER WEST VIRGINIA MINING COMPANY, INC., JULIANNA MINING COMPANY, INC., PATRIOT MINING COMPANY, INC., USA. Response due by 3/22/2004. (jcp, )
                                        LREF
                                        Blank 27 Filed: 12/30/2003, Entered: 1/6/2004 OrderCourt Filing
                                        ORDER: Apologizing for the confusion, the court grants the motion and modifies the [24] Scheduling Order of 12/9/2003 accordingly. The parties shall file their stipulation and joint motion within 14 days of Justice Department approval of pltfs' partial concession request. Signed by Judge Diane Gilbert Sypolt. (jcp, )
                                          LREF
                                          Blank 26 Filed: 12/19/2003, Entered: 12/24/2003 Response
                                          JOINT STATEMENT of the Parties in RESPONSE to the [24] Court's Scheduling Order Filed 12/9/2003 filed by ANKER WEST VIRGINIA MINING COMPANY, INC., JULIANNA MINING COMPANY, INC., PATRIOT MINING COMPANY, INC., USA. [FILED BY LEAVE OF THE JUDGE] (jcp, )
                                            LREF
                                            Blank 25 Filed: 12/19/2003, Entered: 12/24/2003 OrderCourt Filing
                                            ORDER: On 12/15/2003, the parties submitted a "Joint Statement" in response to the court's 12/9/2003 order. Because the signature for dft's attorney appears to have been transmitted by fascimile, and therefore not an original, as required by USCFC 5.3(d), the joint statement shall be filed by leave of the court. Signed by Judge Edward J. Damich for Judge Diane Gilbert Sypolt. (jcp, )
                                              LREF
                                              Blank 24 Filed: 12/9/2003, Entered: 12/12/2003 Scheduling OrderCourt Filing
                                              SCHEDULING ORDER: The stipulation and joint motion shall be filed on or before 12/23/2003. The parties shall file another Joint Status Report on or before 2/15/2004. Signed by Judge Diane Gilbert Sypolt. [MODIFIED BY ORDER OF 12/30/2003] (jcp, ) Modified on 1/6/2004 (jcp, ).
                                                LREF
                                                Blank 23 Filed: 11/17/2003, Entered: 11/20/2003 Joint Status Report
                                                JOINT STATUS REPORT by USA. Service: 11/17/03.(jcp, )
                                                  LREF
                                                  Blank 22 Filed: 9/9/2003, Entered: 9/11/2003 Status Report/OrderCourt Filing
                                                  STATUS REPORT ORDER:In their JSR filed on August 27, 2003, the parties requested permission to file another JSR proposing a schedule for further proceedings on or before 11/15/2003. The request is allowed. Signed by Judge Diane G. Sypolt. (jcp, )
                                                    LREF
                                                    Blank 21 Filed: 8/27/2003, Entered: 8/28/2003 Joint Status Report
                                                    JOINT STATUS REPORT by ANKER WEST VIRGINIA MINING COMPANY, INC., JULIANNA MINING COMPANY, INC., PATRIOT MINING COMPANY, INC., USA. (jcp, )
                                                      LREF
                                                      Blank 20 Filed: 8/27/2003, Entered: 8/28/2003 Order on Motion For Leave to File.Court Filing
                                                      ORDER granting [18] Joint Motion for Leave to File a Joint Status Report. Signed by Judge Diane G. Sypolt. (jcp, )
                                                        LREF
                                                        Blank 19 Filed: 8/25/2003, Entered: 8/26/2003 Status Report/OrderCourt Filing
                                                        STATUS REPORT ORDER:The parties shall file a Joint Status Report on or before 9/5/2003. Signed by Judge Diane G. Sypolt. (jcp, )
                                                          LREF
                                                          Blank 18 Filed: 8/22/2003, Entered: 8/25/2003, Terminated: 8/27/2003 Terminated:
                                                          JOINT MOTION for Leave to File the Joint Status Report Out of Time by ANKER WEST VIRGINIA MINING COMPANY, INC., JULIANNA MINING COMPANY, INC., PATRIOT MINING COMPANY, INC., USA. (jcp, )
                                                            LREF
                                                            Blank 17 Filed: 4/11/2003, Entered: 4/17/2003 Order on Motion For Leave to File.Court Filing
                                                            ORDER granting [15] Motion for Leave to File "JPSR", out of time and granting [16] Motion to Stay proceedings until 7/7/03. Signed by Judge Diane G. Sypolt.(lrd)
                                                              LREF
                                                              Blank 16 Filed: 4/11/2003, Entered: 4/17/2003 Terminated:
                                                              MOTION to Stay proceedings by ANKER WEST VIRGINIA MINING COMPANY, INC. and The United States. Response due 4/28/2003. (FILED WITH JOINT PRELIMINARY STATUS REPORT) (lrd)
                                                                LREF
                                                                Blank -- Filed: 4/11/2003, Entered: 4/17/2003 Set/Reset Deadlines:
                                                                Set/Reset Deadlines: Joint Status Report due 7/7/2003. (lrd)
                                                                  LREF
                                                                  Blank 15 Filed: 4/2/2003, Entered: 4/8/2003, Terminated: 4/11/2003 Terminated:
                                                                  MOTION for Leave to File "JPSR" out of time, by ANKER WEST VIRGINIA MINING COMPANY, INC., JULIANNA MINING COMPANY, INC., PATRIOT MINING COMPANY, INC., and The United States. Response due 4/21/2003. (lrd)
                                                                    LREF
                                                                    Blank 14 Filed: 1/27/2003, Entered: 2/4/2003 Answer
                                                                    ANSWER to Complaint by USA. Service: 1/27/03 (JPSR due 3/20/03). (LTD)
                                                                      LREF
                                                                      Blank 13 Filed: 1/17/2003, Entered: 1/25/2003 OrderCourt Filing
                                                                      ORDER dismissing Plaintiffs' claims of refunds of coal excise taxes (signed by Judge Diane Gilbert Sypolt). Copy to parties. (LTD)
                                                                        LREF
                                                                        Blank 12 Filed: 1/10/2003, Entered: 1/15/2003 Response to Motion
                                                                        RESPONSE by PATRIOT MINING (Service: 1/10/03) to [5-1] motion to Partially Dismiss the Complaint. Reply due: 1/27/03. (LTD)
                                                                          LREF
                                                                          Blank 11 Filed: 12/27/2002, Entered: 1/2/2003 OrderCourt Filing
                                                                          ORDER granting [10-1] motion to Extend Time to respond to Defendant's motion to partially dismiss the complaint . Answer deadline to 1/10/03 ( signed by Judge Diane Gilbert Sypolt ) Copy to parties. (HW)
                                                                            LREF
                                                                            Blank 10 Filed: 12/20/2002, Entered: 12/30/2002, Terminated: 12/27/2002 Terminated:
                                                                            MOTION by PATRIOT MINING, JULIANNA MINING, ANKER WEST VIRGINIA (Service : 12/20/02 ) to Extend Time to respond to Defendant's motion to partially dismiss the complaint [until January 10, 2003]. Response due: 1/6/03 (JT)
                                                                              LREF
                                                                              Blank 9 Filed: 12/11/2002, Entered: 12/12/2002 OrderCourt Filing
                                                                              ORDER granting [8-1] motion to Extend Time within which to respond to motion to dismiss the complaint Response to [5-1] motion to Partially Dismiss the Complaint due 12/20/02 (signed by Chief Judge Edward J. Damich for Judge Diane Gilbert Sypolt). Copy to parties. (LTD)
                                                                                LREF
                                                                                Blank 8 Filed: 12/6/2002, Entered: 12/9/2002, Terminated: 12/11/2002 Terminated:
                                                                                MOTION by PATRIOT MINING, JULIANNA MINING, ANKER WEST VIRGINIA (Service : 12/6/02 ) to Extend Time within which to respond to motion to dismiss the complaint , (until 12/20/02). Response due: 12/23/02 (HW)
                                                                                  LREF
                                                                                  Blank 7 Filed: 11/19/2002, Entered: 11/22/2002 OrderCourt Filing
                                                                                  ORDER granting [6-1] motion to Extend Time to respond to the motion to dismiss Response to [5-1] motion to Partially Dismiss the Complaint due 12/6/02 (signed by Judge Diane Gilbert Sypolt). Copy to parties. (LTD)
                                                                                    LREF
                                                                                    Blank 6 Filed: 11/15/2002, Entered: 11/20/2002, Terminated: 11/19/2002 Terminated:
                                                                                    MOTION by PATRIOT MINING (Service: 11/15/02) to Extend Time to respond to the motion to dismiss until 12/6/02. Response due: 12/2/02. (LTD)
                                                                                      LREF
                                                                                      Blank 5 Filed: 10/15/2002, Entered: 10/17/2002 Terminated:
                                                                                      MOTION by USA (Service: 10/15/02) to Partially Dismiss the Complaint . Response due: 11/15/02 (HW)
                                                                                        LREF
                                                                                        Blank 4 Filed: 9/3/2002, Entered: 9/6/2002 OrderCourt Filing
                                                                                        ORDER re: Chambers Procedures (signed by Judge Diane Gilbert Sypolt). Copy to parties. (FE)
                                                                                          LREF
                                                                                          Blank 3 Filed: 8/29/2002, Entered: 9/3/2002 Notice of Appearance/
                                                                                          NOTICE of Attorney Appearance for USA by Robert N. Dorosin Service :8/29/02 (HW)
                                                                                            LREF
                                                                                            Blank 2 Filed: 8/13/2002, Entered: 8/14/2002 Case Assigned/ReassignedCourt Filing
                                                                                            Notice of assignment to Judge Diane Gilbert Sypolt. Copy to parties. (JT)
                                                                                              LREF
                                                                                              Blank 1 Filed: 8/13/2002, Entered: 8/14/2002 Complaint
                                                                                              COMPLAINT FILING FEE $ 150.00 RECEIPT # 054561 Answer due on 10/14/02 (JT)
                                                                                                LREF

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