AMMEX, INC. v. USA
Federal Civil Lawsuit United States Court of Federal Claims, Case No. 1:99-cv-00338-RWG
District Judge Reginald W. Gibson, presiding

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No Logo Ammex, Inc., Plaintiff

Toggle Switch Represented by Steptoe & Johnson, LLP

Name Phone Fax E-Mail
Space Joseph William Koegel, Jr. +1 202 429 6408 +1 202 429 3902 wkoegel@steptoe.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 William Kenneth Drew william.k.drew@usdoj.gov
Office COFC
Filed 5/26/1999
Jury Demand
Demand $3000000
Nature of Suit 206 - Tax - Excise
Cause Section 28 U.S.C. § 1491 Tucker Act
Jurisdiction U.S. Government Defendant
Disposition Dismissed
County
Terminated 3/27/2003
Origin 1
Reopened None
Lead Case None
Related Case
Other Court Case '03-5107'[]
Def Custody Status
Flags CLOSED, LEAD
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Blank 145 Filed: 11/18/2004, Entered: 11/22/2004 CAFC Mandate Affirming in Part/Reversing in Part
MANDATE of CAFC affirming in part and reversing in part [141] Published Order/Opinion. (hw1, ) [Case was not remanded to this court and was reopened in error. This case is closed.] Modified on 2/9/2005 (ajkb)
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    Blank 144 Filed: 5/30/2003, Entered: 6/6/2003 Terminated:
    CAFC Case Number 03-5107 for [143] Notice of Appeal filed by AMMEX, INC. (hw1, )
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      Blank 143 Filed: 5/27/2003, Entered: 5/27/2003, Terminated: 11/18/2004 Notice of Appeal
      NOTICE OF APPEAL by AMMEX, INC. Filing fee $ 105, receipt number 057574. Copies to judge, opposing party and CAFC. (hw1, )
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        Blank 142 Filed: 3/27/2003, Entered: 3/27/2003
        JUDGMENT entered, pursuant to Rule 58, that the complaints are dismissed. (lld, )
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          Blank 141 Filed: 3/26/2003, Entered: 3/26/2003 Court Filing
          PUBLISHED OPINION concluding plainitff is not eligible for a payment award under 26 USC Sectios 6421(c) and 4221(a)(2), inasmuch as it failed to carry its burden of proof by a preponderance of the evidence respecting 26 USC Section 6416(a). The Clerk is directed to enter judgment dismissing plaintiff's complaints. Signed by Judge Reginald W. Gibson. (lld, )
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            Blank 140 Filed: 2/24/2003, Entered: 2/28/2003 OrderCourt Filing
            ORDER granting [139-1] motion for Leave to provide supplemental citation (signed by Sr. Judge Reginald W. Gibson). Copy to parties. (LTD)
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              Blank 139 Filed: 2/14/2003, Entered: 2/25/2003, Terminated: 2/24/2003 Terminated:
              MOTION by USA (Service: 2/14/03) for Leave to provide supplemental citation . Response due: 3/3/03. (LTD)
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                Blank 138 Filed: 1/27/2003, Entered: 2/4/2003 Post-Trial Brief
                Post-trial brief by AMMEX, INC. Service: 1/27/03. (LTD)
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                  Blank 137 Filed: 1/27/2003, Entered: 2/3/2003 Response
                  REPLY by USA to [136-1] post-trial brief by AMMEX, INC. Service: 1/27/03. (LTD)
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                    Blank 136 Filed: 1/27/2003, Entered: 2/3/2003 Post-Trial Brief
                    Post-trial brief by AMMEX, INC. Service: 1/15/03. (LTD)
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                      Blank 135 Filed: 1/27/2003, Entered: 2/3/2003 OrderCourt Filing
                      ORDER granting [133-1] motion For leave to exceed the page limitation for post-trial brief (signed by Sr. Judge Reginald W. Gibson). Copy to parties. (LTD)
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                        Blank 134 Filed: 1/15/2003, Entered: 1/22/2003 Post-Trial Brief
                        Post-trial brief by USA. Service: 1/15/03 (JT)
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                          Blank 133 Filed: 1/15/2003, Entered: 1/22/2003, Terminated: 1/27/2003 Terminated:
                          MOTION by AMMEX, INC. (Service : 1/15/03 ) For leave to exceed the page limitation for post-trial brief. (JT)
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                            Blank 132 Filed: 12/26/2002, Entered: 1/2/2003 Transcript
                            TRANSCRIPT of proceedings re: one volume, at Washington, DC, for date of December 19, 2002, exhibits: none. Notice to parties. (HW)
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                              Blank 131 Filed: 12/6/2002, Entered: 12/9/2002 Transcript
                              Exhibits: Joint Exhibit No. 1, Defendant's Exhibit's 1 thru 27; and Plaintiff's Exhibit's 1 thru 29. Notice to parties. (FE)
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                                Blank 130 Filed: 12/4/2002, Entered: 12/6/2002 OrderCourt Filing
                                ORDER Closing Arguments: 2:00 p.m. 12/19/02 (signed by Sr. Judge Reginald W. Gibson). Copy to parties. (FE)
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                                  Blank 129 Filed: 12/4/2002, Entered: 12/6/2002 Transcript
                                  TRANSCRIPT of proceedings re: 3 volumes, at Detroit, MI, for date of November 19, 2002 through November 21, 2002. Notice to parties. (FE)
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                                    Blank 128 Filed: 11/22/2002, Entered: 11/26/2002 OrderCourt Filing
                                    ORDER Closing arguments shall be heard at 2:00 p.m. on 12/10/02 , Parties' Post-trial briefs due 1/15/03 and Post-trial reply briefs due 1/27/03 (signed by Sr. Judge Reginald W. Gibson). Copy to parties. (LTD)
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                                      Blank -- Filed: 11/21/2002, Entered: 11/25/2002 Trial Held
                                      Trial held ( Transcript due 11/26/02 ) (DS)
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                                        Blank 127 Filed: 11/18/2002, Entered: 11/20/2002 Transcript
                                        TRANSCRIPT of proceedings re: 2 volume, at Washington, D.C., for date of November 12 - 13, 2002. Notice to parties. (FE)
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                                          Blank 126 Filed: 11/14/2002, Entered: 11/20/2002 Transcript
                                          TRANSCRIPT of proceedings re: 1 volume, at Washington, D.C., for date of November 5, 2002. Notice to parties. (FE)
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                                            Blank 125 Filed: 11/14/2002, Entered: 11/19/2002 Scheduling OrderCourt Filing
                                            SCHEDULING ORDER setting Trial deadline set on 9:00 a.m., 11/19/02. Trail shall be held in Courtroom #624 at the U.S. District Court for the Eastern District of Michigan Theodore Levin United Statse Courthouse, 231 West Lafayette Boulevard, Detroit, Michigan 48226 ( signed by Sr. Judge Reginald W. Gibson ) Copy to parties. (HW)
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                                              Blank 124 Filed: 11/14/2002, Entered: 11/18/2002 OrderCourt Filing
                                              ORDER, re: Courtroom for trial (signed by Sr. Judge Reginald W. Gibson). Copy to parties. (LTD)
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                                                Blank 123 Filed: 11/12/2002, Entered: 11/14/2002 OrderCourt Filing
                                                ORDER setting telephonic Status Conference for 3:00 p.m. on 11/12/02 (signed by Sr. Judge Reginald W. Gibson). Copy to parties. (LTD)
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                                                  Blank 122 Filed: 11/4/2002, Entered: 11/7/2002 MemorandumCourt Filing
                                                  MEMORANDUM by AMMEX, INC. re: site visit, by leave of the Judge. Service: 10/31/02. (FE)
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                                                    Blank 121 Filed: 10/28/2002, Entered: 10/29/2002 MemorandumCourt Filing
                                                    SUPPLEMENTAL PRETRIAL BRIEF by AMMEX, INC. re: Defendant's Issue Preclusion Argument, by leave of the Judge. Service: 10/24/02. (FE)
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                                                      Blank 120 Filed: 10/24/2002, Entered: 10/26/2002 Proposed Findings of Fact and Conclusions of Law
                                                      ISSUES OF FACT AND LAW by USA. Service: 10/24/02 (HW)
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                                                        Blank 119 Filed: 10/24/2002, Entered: 10/26/2002 Exhibit
                                                        Exhibit list by USA (Defendant's Exhibit 27 attached). Service: 10/24/02 (HW)
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                                                          Blank 118 Filed: 10/24/2002, Entered: 10/26/2002 Memorandum of Contentions of Fact and Law
                                                          PRETRIAL MEMORANDUM by USA. Service: 10/24/02 (HW)
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                                                            Blank 117 Filed: 10/21/2002, Entered: 10/23/2002 ~Notice (other)
                                                            NOTICE of List of Specific Information to be Provided to the U.S. District Court for the Eastern District of Michigan by AMMEX, INC. Service: 10/21/02 (JT)
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                                                              Blank 116 Filed: 10/21/2002, Entered: 10/22/2002 ~Notice (other)
                                                              NOTICE to the Court by USA. Service: 10/21/02. (FE)
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                                                                Blank 115 Filed: 10/16/2002, Entered: 10/18/2002 OrderCourt Filing
                                                                ORDER Parties notice due 10/21/02 (signed by Sr. Judge Reginald W. Gibson). Copy to parties. (LTD)
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                                                                  Blank 114 Filed: 10/10/2002, Entered: 10/17/2002 OrderCourt Filing
                                                                  ORDER granting [112-1] motion for a site visit . Status Conference for 2:00 p.m., 11/5/02 ( signed by Sr. Judge Reginald W. Gibson ) Copy to parties. (HW)
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                                                                    Blank 113 Filed: 10/8/2002, Entered: 10/10/2002 Response to Motion
                                                                    RESPONSE by USA (Service: 10/8/02) to [112-1] motion for a site visit. Reply due: 10/21/02. (FE)
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                                                                      Blank 112 Filed: 10/1/2002, Entered: 10/4/2002, Terminated: 10/10/2002 Terminated:
                                                                      MOTION and memorandum by AMMEX, INC. (Service: 10/1/02) for a site visit . Response due: 10/18/02. (LTD)
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                                                                        Blank 111 Filed: 9/30/2002, Entered: 9/30/2002
                                                                        TRANSCRIPT of proceedings re: 1 volume, at Washington, D.C., for date of September 23, 2002. Notice to parties. (FE)
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                                                                          Blank 110 Filed: 9/23/2002, Entered: 9/26/2002 OrderCourt Filing
                                                                          ORDER denying [95-1] motion to stay setting Trial for 10:00 a.m. on 11/19/02 in Detroit, Michigan and parties' Pre-trial briefs due 10/24/02 (signed by Sr. Judge Reginald W. Gibson). Copy to parties. (LTD)
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                                                                            Blank 109 Filed: 8/27/2002, Entered: 9/3/2002 Reply to Response to Motion
                                                                            REPLY by USA to response to [95-1] motion to stay. Service: 8/27/02. (LTD)
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                                                                              Blank 108 Filed: 8/23/2002, Entered: 8/28/2002 Answer
                                                                              SUPPLEMENTAL ANSWER to Complaint by USA. Service: 8/6/02. (LTD)
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                                                                                Blank 107 Filed: 8/23/2002, Entered: 8/28/2002 OrderCourt Filing
                                                                                ORDER granting [100-1] motion for Leave to file supplemental answers (signed by Sr. Judge Reginald W. Gibson). Copy to parties. (LTD)
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                                                                                  Blank 106 Filed: 8/21/2002, Entered: 8/26/2002 Response to Motion
                                                                                  RESPONSE by AMMEX, INC. (Service: 8/20/02) to [100-1] motion for Leave to file supplemental answers. Reply due: 9/3/02 (LTD)
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                                                                                    Blank 105 Filed: 8/19/2002, Entered: 8/22/2002 Response to Motion
                                                                                    RESPONSE by AMMEX, INC. (Service: 8/19/02 ) to [95-1] motion to stay. Reply due: 9/3/02 (JT)
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                                                                                      Blank 103 Filed: 8/12/2002, Entered: 8/15/2002 OrderCourt Filing
                                                                                      ORDER granting [102-1] motion to reschedule hearing and pretrial conference Pretrial Conference set for 10:00 a.m. on 9/23/02 (signed by Sr. Judge Reginald W. Gibson). Copy to parties. (LTD)
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                                                                                        Blank 102 Filed: 8/8/2002, Entered: 8/15/2002, Terminated: 8/12/2002 Terminated:
                                                                                        MOTION by AMMEX, INC. (Service: 8/8/02) to reschedule hearing and pretrial conference . Response due: 8/26/02. (LTD)
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                                                                                          Blank 100 Filed: 8/6/2002, Entered: 8/7/2002, Terminated: 8/23/2002 Terminated:
                                                                                          MOTION by USA (Service: 8/6/02) for Leave to file supplemental answers . Response due: 8/23/02. (FE)
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                                                                                            Blank 101 Filed: 8/5/2002, Entered: 8/8/2002 Exhibit
                                                                                            Exhibit list by USA. Service: 8/5/02. (NN)
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                                                                                              Blank 99 Filed: 8/5/2002, Entered: 8/7/2002 Witness List
                                                                                              Witness list by USA. Service: 8/5/02. (FE)
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                                                                                                Blank 98 Filed: 8/5/2002, Entered: 8/7/2002 Memorandum of Contentions of Fact and Law
                                                                                                PRETRIAL MEMORANDUM by USA. Service: 8/5/02. (FE)
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                                                                                                  Blank 97 Filed: 8/5/2002, Entered: 8/7/2002 Memorandum
                                                                                                  JOINT MEMORANDUM by AMMEX, INC. and USA re: stipulations. Service: 8/5/02. (FE)
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                                                                                                    Blank 96 Filed: 8/5/2002, Entered: 8/7/2002 Proposed Findings of Fact and Conclusions of Law
                                                                                                    JOINT STATEMENT OF ISSUES OF FACT AND LAW by AMMEX, INC. and USA. Service: 8/5/02. (FE)
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                                                                                                      Blank 104 Filed: 8/2/2002, Entered: 8/21/2002 OrderCourt Filing
                                                                                                      ORDER pursuant to defendant's motion to suspend further pretrial proceedings: (1) Plaintiff shall file a Response to [95-1] motion to stay by 8/19/02 ; (2) Defendant shall reply by 9/3/02; (3) oral argument set for 10:00 a.m., 9/13/02 for [95-1] motion to stay; and (4) Pretrial Conference scheduled for 8/26/02i, is rescheduled to be held immediately after 9/13/02 ( signed by Sr. Judge Reginald W. Gibson ) Copy to parties. (HW)
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                                                                                                        Blank 95 Filed: 8/2/2002, Entered: 8/6/2002, Terminated: 9/23/2002 Terminated:
                                                                                                        MOTION by USA to stay . Service: 8/2/02. Response due: 8/19/02. (NN) Modified on 08/07/2002
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                                                                                                          Blank 94 Filed: 7/12/2002, Entered: 7/16/2002 Memorandum
                                                                                                          MEMORANDUM of Contentions of Fact and Law by AMMEX, INC. Service: 7/12/02. (LTD)
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                                                                                                            Blank 93 Filed: 7/12/2002, Entered: 7/16/2002 Witness List
                                                                                                            Witness list by AMMEX, INC. Service: 7/12/02. (LTD)
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                                                                                                              Blank 92 Filed: 7/12/2002, Entered: 7/16/2002 Exhibit
                                                                                                              Exhibit list by AMMEX, INC. Service: 7/12/02. (LTD)
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                                                                                                                Blank 91 Filed: 5/20/2002, Entered: 5/21/2002 Published DecisionCourt Filing
                                                                                                                PUBLISHED DECISION denying [86-1] motion For reconsideration of [85-1] opinion under Rule 83.2 (signed by Sr. Judge Reginald W. Gibson). Copy to parties. (LTD)
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                                                                                                                  Blank 90 Filed: 5/20/2002, Entered: 5/21/2002 OrderCourt Filing
                                                                                                                  ERRATA (signed by Sr. Judge Reginald W. Gibson). Copy to parties. (LTD)
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                                                                                                                    Blank 89 Filed: 5/3/2002, Entered: 5/6/2002 Reply to Response to Motion
                                                                                                                    REPLY by AMMEX, INC. to response to [86-1] motion For reconsideration of [85-1] opinion under Rule 83.2 . Service: 5/3/02 (DS)
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                                                                                                                      Blank 88 Filed: 4/30/2002, Entered: 5/1/2002 Response to Motion
                                                                                                                      RESPONSE by USA (Service: 4/30/02) to [86-1] motion For reconsideration of [85-1] opinion under Rule 83.2. Reply due: 5/3/02. (LTD)
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                                                                                                                        Blank 87 Filed: 4/25/2002, Entered: 4/26/2002 OrderCourt Filing
                                                                                                                        ORDER directing defendant to respond to [86-1] motion for reconsideration by 4/30/02 and plaintiff to reply to response to [86-1] motion For reconsideration by 5/3/02 . (by Sr. Judge Reginald W. Gibson) Copy to parties. (DS)
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                                                                                                                          Blank 86 Filed: 4/24/2002, Entered: 4/25/2002 Terminated:
                                                                                                                          MOTION by AMMEX, INC. (Service: 4/24/02) For reconsideration of [85-1] opinion under Rule 83.2 . (DS)
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                                                                                                                            Blank 85 Filed: 4/10/2002, Entered: 4/11/2002 Published DecisionCourt Filing
                                                                                                                            PUBLISHED DECISION denying [43-1] cross motion and granting in part, denying in part [35-1] motion for Summary Judgment., Discovery deadline is 6/10/02 , Counsel shall comply with paragraphs 10 of Section V of Appendix G by 6/25/02 , Plaintiff to comply with paragraphs 11-13 of Section V of Appendix G by 7/12/02 , Defendant to comply with paragraphs 11-13 of Section V Appendix G by 8/5/02 , and Pretrial Conference set for 10:00 a.m. on 8/26/02 (signed by Sr. Judge Reginald W. Gibson). Copy to parties. (LTD)
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                                                                                                                              Blank 84 Filed: 3/18/2002, Entered: 3/19/2002 Response to Motion
                                                                                                                              RESPONSE by AMMEX, INC. (Service: 3/18/02) to [78-1] motion for Leave to file supplemental citation. Reply due: 4/4/02. (LTD)
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                                                                                                                                Blank 83 Filed: 3/18/2002, Entered: 3/19/2002 OrderCourt Filing
                                                                                                                                ORDER granting [82-1] motion for Leave to respond to the Motion for Leave to provide supplemental citation (signed by Sr. Judge Reginald W. Gibson). Copy to parties. (LTD)
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                                                                                                                                  Blank 82 Filed: 3/15/2002, Entered: 3/18/2002, Terminated: 3/18/2002 Terminated:
                                                                                                                                  MOTION by AMMEX, INC. (Service: 3/15/02) for Leave to respond to the Motion for Leave to provide supplemental citation . Response due: 4/1/02. (LTD)
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                                                                                                                                    Blank 81 Filed: 3/11/2002, Entered: 3/14/2002 Terminated:
                                                                                                                                    MOTION by AMMEX, INC. (Service : 3/11/02 ) to substitute attorney (consented) Terminated attorney Edward Louis Froelich for AMMEX, INC. Added Joseph William Koegel Jr. (HW)
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                                                                                                                                      Blank 80 Filed: 2/28/2002, Entered: 2/28/2002 Court Filing
                                                                                                                                      NOTICE of opinion in the U.S. Court of International Trade regarding the revocation decision of the U.S. Customs Service by AMMEX, INC. Service: 2/27/02. Filed by leave of the Judge. (LTD)
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                                                                                                                                        Blank 79 Filed: 2/27/2002, Entered: 2/28/2002 OrderCourt Filing
                                                                                                                                        ORDER granting [78-1] motion for Leave to file supplemental citation (signed by Sr. Judge Reginald W. Gibson). Copy to parties. (FE)
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                                                                                                                                          Blank 78 Filed: 2/26/2002, Entered: 2/26/2002, Terminated: 2/27/2002 Motion for Leave to File
                                                                                                                                          MOTION by USA (Service: 2/26/02) for Leave to file supplemental citation . Response due: 3/15/02. (LTD)
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                                                                                                                                            Blank 77 Filed: 2/6/2002, Entered: 2/7/2002 ~Notice (other)Court Filing
                                                                                                                                            NOTICE of temporary restraining order regarding the revocation decision of the U.S. Custome Service by AMMEX, INC. Service: 2/5/02. Filed by leave of the Judge. (LTD) Modified on 02/07/2002
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                                                                                                                                              Blank 76 Filed: 1/10/2002, Entered: 1/11/2002 OrderCourt Filing
                                                                                                                                              ORDER granting [71-1] motion for Leave to provide supplemental citation (signed by Sr. Judge Reginald W. Gibson). Copy to parties. (FE)
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                                                                                                                                                Blank 75 Filed: 1/4/2002, Entered: 1/7/2002 Reply to Response to Motion
                                                                                                                                                REPLY by USA to response to [71-1] motion for Leave to provide supplemental citation. Service: 1/4/02. (HW)
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                                                                                                                                                  Blank 74 Filed: 1/2/2002, Entered: 1/3/2002 Response to Motion
                                                                                                                                                  RESPONSE by AMMEX, INC. (Service: 1/2/02) to [71-1] motion for Leave to provide supplemental citation. Reply due: 1/16/02. (LTD)
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                                                                                                                                                    Blank 73 Filed: 12/14/2001, Entered: 12/18/2001 Memorandum
                                                                                                                                                    SUPPLEMENTAL STATEMENT OF GENUINE ISSUES by USA re: [70-2] order. Service: 12/14/01. (FE)
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                                                                                                                                                      Blank 72 Filed: 12/14/2001, Entered: 12/18/2001 Memorandum
                                                                                                                                                      SURREPLY by USA re: [43-1] cross motion by AMMEX, INC. . Service: 12/14/01. (FE)
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                                                                                                                                                        Blank 71 Filed: 12/14/2001, Entered: 12/18/2001, Terminated: 1/10/2002 Terminated:
                                                                                                                                                        MOTION by USA (Service: 12/14/01) for Leave to provide supplemental citation . Response due: 12/31/01. (FE)
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                                                                                                                                                          Blank 70 Filed: 12/5/2001, Entered: 12/6/2001 OrderCourt Filing
                                                                                                                                                          ORDER granting [61-1] motion for Leave to supplement record with the declarations of Gavin W. Atkinson and Marvin Fleischman, denying [58-1] motion to Strike [57-1] motion reply by AMMEX, INC., [56-1] statement by AMMEX, INC., [55-1] findings of fact order and granting [58-2] motion for Leave to file supplemental statement of genuine issues and sur-reply Plaintiff's documents due 1/4/02 (signed by Sr. Judge Reginald W. Gibson). Copy to parties. (LTD)
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                                                                                                                                                            Blank 69 Filed: 10/2/2001, Entered: 10/3/2001 Case Assigned/ReassignedCourt Filing
                                                                                                                                                            Notice of reassignment to Sr. Judge Reginald W. Gibson . Copy to parties. (DS)
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                                                                                                                                                              Blank 68 Filed: 7/3/2001, Entered: 7/5/2001 ResponseCourt Filing
                                                                                                                                                              REPLY by AMMEX, INC. to [67-1] response by USA, by leave of the Judge. Service: 6/29/01. (FE)
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                                                                                                                                                                Blank 67 Filed: 6/18/2001, Entered: 6/19/2001 Response
                                                                                                                                                                RESPONSE by USA to [64-1] notice by AMMEX, INC. Service: 6/12/01. (LTD)
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                                                                                                                                                                  Blank 66 Filed: 6/18/2001, Entered: 6/19/2001 OrderCourt Filing
                                                                                                                                                                  ORDER granting [65-1] motion for Leave to file response to Plaintiff's "Notice of Denial of Certiorari" (signed by Judge Lynn J. Bush). Copy to parties. (LTD)
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                                                                                                                                                                    Blank 65 Filed: 6/12/2001, Entered: 6/13/2001, Terminated: 6/18/2001 Terminated:
                                                                                                                                                                    MOTION by USA (Service: 6/12/01) for Leave to file response to Plaintiff's "Notice of Denial of Certiorari" . Response due: 6/29/01. (LTD)
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                                                                                                                                                                      Blank 64 Filed: 6/11/2001, Entered: 6/12/2001 ~Notice (other)Court Filing
                                                                                                                                                                      NOTICE of Denial of Certiorari by AMMEX, INC., by leave of the Judge. Service: 6/8/01. (FE)
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                                                                                                                                                                        Blank 63 Filed: 5/23/2001, Entered: 5/24/2001 Reply to Response to Motion
                                                                                                                                                                        REPLY by AMMEX, INC. to response to [61-1] motion for Leave to supplement record with the declarations of Gavin W. Atkinson and Marvin Fleischman. Service: 5/23/01 (HW)
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                                                                                                                                                                          Blank 62 Filed: 5/10/2001, Entered: 5/14/2001 Response to Motion
                                                                                                                                                                          RESPONSE by USA (Service: 5/10/01) to [61-1] motion for Leave to supplement record with the declarations of Gavin W. Atkinson and Marvin Fleischman. Reply due: 5/24/01. (FE)
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                                                                                                                                                                            Blank 61 Filed: 5/10/2001, Entered: 5/14/2001, Terminated: 12/5/2001 Terminated:
                                                                                                                                                                            MOTION by AMMEX, INC. (Service: 5/10/01) for Leave to supplement record with the declarations of Gavin W. Atkinson and Marvin Fleischman . Response due: 5/29/01. (FE)
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                                                                                                                                                                              Blank 60 Filed: 4/27/2001, Entered: 5/1/2001 Reply to Response to Motion
                                                                                                                                                                              REPLY by USA to response to [58-1] motion to Strike [57-1] motion reply by AMMEX, INC., [56-1] statement by AMMEX, INC., [55-1] findings of fact order, [58-2] motion for Leave to file supplemental statement of genuine issues and sur-reply. Service: 4/27/01. (LTD)
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                                                                                                                                                                                Blank 59 Filed: 4/23/2001, Entered: 4/24/2001 Response to Motion
                                                                                                                                                                                RESPONSE by AMMEX, INC. (Service: 4/23/01) to [58-1] motion to Strike [57-1] motion reply by AMMEX, INC., [56-1] statement by AMMEX, INC., [55-1] findings of fact order, [58-2] motion for Leave to file supplemental statement of genuine issues and sur-reply. Reply due: 5/7/01. (FE)
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                                                                                                                                                                                  Blank 58 Filed: 4/5/2001, Entered: 4/5/2001, Terminated: 12/5/2001 Motion to Strike
                                                                                                                                                                                  MOTION by USA (Service : 4/5/01 ) to Strike [57-1] motion reply by AMMEX, INC., [56-1] statement by AMMEX, INC., [55-1] findings of fact order , and for Leave to file supplemental statement of genuine issues and sur-reply . Response due: 4/23/01. (LTD) Modified on 04/05/2001
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                                                                                                                                                                                    Blank -- Filed: 4/5/2001, Entered: 4/5/2001
                                                                                                                                                                                    Deadline updated; (LTD)
                                                                                                                                                                                      LREF
                                                                                                                                                                                      Blank -- Filed: 4/5/2001, Entered: 4/5/2001
                                                                                                                                                                                      Deadline updated;, Response to [58-1] motion to Strike [57-1] motion reply by AMMEX, INC., [56-1] statement by AMMEX, INC., [55-1] findings of fact order set to 4/23/01, [58-2] motion for Leave to file supplemental statement of genuine issues and sur-reply set to 4/23/01 . (LTD)
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                                                                                                                                                                                        Blank 57 Filed: 3/30/2001, Entered: 3/30/2001 Court Filing
                                                                                                                                                                                        REPLY by AMMEX, INC. to response to [43-1] cross motion. Service: 3/29/01. Filed by leave of the Judge. (LTD)
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                                                                                                                                                                                          Blank 56 Filed: 3/30/2001, Entered: 3/30/2001 Court Filing
                                                                                                                                                                                          STATEMENT OF GENUINE ISSUES by AMMEX, INC. Service: 3/29/01. Filed by leave of the Judge. (LTD)
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                                                                                                                                                                                            Blank 55 Filed: 3/30/2001, Entered: 3/30/2001 Court Filing
                                                                                                                                                                                            ADDITIONAL PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW BY AMMEX, INC. Service: 3/29/01. Filed by leave of the Judge. (LTD)
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                                                                                                                                                                                              Blank 54 Filed: 3/29/2001, Entered: 3/29/2001 Court Filing
                                                                                                                                                                                              ORDER re: Plaintiff's Reply Brief in Support of it's Cross-Motion for Summary Judgment, etc. shall be returned for correction of the document's defect's Plaintiff shall file the corrected submissions by 4/12/01 (signed by Judge Lynn J. Bush). Copy to parties. (FE)
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                                                                                                                                                                                                Blank 53 Filed: 3/9/2001, Entered: 3/9/2001 Court Filing
                                                                                                                                                                                                ORDER granting [52-1] motion to Extend Time to respond to reply to cross-motion for summary judgment Reply to Response to Motion reset to 3/27/01 for [43-1] cross motion (signed by Judge Lynn J. Bush). Copy to parties. (LTD)
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                                                                                                                                                                                                  Blank 52 Filed: 3/8/2001, Entered: 3/8/2001, Terminated: 3/9/2001 Motion for Extension of Time
                                                                                                                                                                                                  MOTION by AMMEX, INC. (Service: 3/8/01) to Extend Time to respond to reply to cross-motion for summary judgment until 3/27/01. Response due: 3/26/01. (FE)
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                                                                                                                                                                                                    Blank 51 Filed: 2/20/2001, Entered: 2/22/2001 OrderCourt Filing
                                                                                                                                                                                                    ORDER granting [50-1] motion to Extend Time within which to reply to defendant's response, etc. Reply to Response to Motion reset to 3/13/01 for [43-1] cross motion (signed by Judge Lynn J. Bush). Copy to parties. (FE)
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                                                                                                                                                                                                      Blank 50 Filed: 2/15/2001, Entered: 2/20/2001, Terminated: 2/20/2001 Terminated:
                                                                                                                                                                                                      MOTION by AMMEX, INC. (Service : 2/15/01 ) to Extend Time within which to reply to defendant's response, etc. , (until March 13, 2001). (HW)
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                                                                                                                                                                                                        Blank 49 Filed: 2/7/2001, Entered: 2/8/2001 Response to Motion
                                                                                                                                                                                                        RESPONSE by USA (Service: 2/7/01) to [43-1] cross motion. Reply due: 2/26/01 (DS) Modified on 02/16/2001
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                                                                                                                                                                                                          Blank 48 Filed: 2/7/2001, Entered: 2/8/2001 Statement of Genuine Issues
                                                                                                                                                                                                          STATEMENT OF GENUINE ISSUES filed by USA. Service: 2/7/01 (DS)
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                                                                                                                                                                                                            Blank 47 Filed: 2/7/2001, Entered: 2/8/2001 Proposed Findings of Uncontroverted Fact
                                                                                                                                                                                                            ADDITIONAL PROPOSED FINDINGS of Uncontroverted Fact filed by USA. Service: 2/7/01 (DS)
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                                                                                                                                                                                                              Blank 46 Filed: 12/15/2000, Entered: 12/18/2000 OrderCourt Filing
                                                                                                                                                                                                              ORDER granting [45-1] motion to Extend Time to respond to Plaintiff's cross-motion. Defendant's Response to [43-1] cross motion reset to 2/7/01. ( signed by Judge Lynn J. Bush ) Copy to parties. (JT)
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                                                                                                                                                                                                                Blank 45 Filed: 12/13/2000, Entered: 12/14/2000, Terminated: 12/15/2000 Terminated:
                                                                                                                                                                                                                MOTION by USA (Service : 12/13/00 ) to Extend Time to respond to Plaintiff's cross-motion [until February 7, 2001]. Response due: 1/2/01 (JT) Modified on 12/14/2000
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                                                                                                                                                                                                                  Blank 44 Filed: 12/7/2000, Entered: 12/11/2000 ~Notice (other)
                                                                                                                                                                                                                  NOTICE of filing original declaration by AMMEX, INC., [Declaration of Francois Levesque attached]. Service: 12/7/00. (FE)
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                                                                                                                                                                                                                    Blank 43 Filed: 12/5/2000, Entered: 12/7/2000 Terminated:
                                                                                                                                                                                                                    CROSS MOTION by AMMEX, INC. ( Service: 12/5/00 ) and RESPONSE to [35-1] motion for Summary Judgment, (together with separate appendix) by USA. Response due: 1/5/01. (HW)
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                                                                                                                                                                                                                      Blank 42 Filed: 12/5/2000, Entered: 12/6/2000 Statement of Genuine Issues
                                                                                                                                                                                                                      STATEMENT OF GENUINE ISSUES by AMMEX, INC. Service: 12/5/00 (JT)
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                                                                                                                                                                                                                        Blank 41 Filed: 12/5/2000, Entered: 12/6/2000 Proposed Findings of Uncontroverted Fact
                                                                                                                                                                                                                        PROPOSED FINDINGS of Uncontroverted Fact by AMMEX, INC. Service: 12/5/00 (JT)
                                                                                                                                                                                                                          LREF
                                                                                                                                                                                                                          Blank -- Filed: 12/5/2000, Entered: 12/7/2000 Set/Reset Deadlines:
                                                                                                                                                                                                                          Deadline updated; Response to [43-1] cross motion reset to 1/5/01 (HW)
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                                                                                                                                                                                                                            Blank 40 Filed: 11/28/2000, Entered: 11/30/2000 OrderCourt Filing
                                                                                                                                                                                                                            ORDER granting [39-1] motion to Extend Time to file cross-motion and respond to Defendant's motion for summary judgment. Plaintiff's Response to [35-1] motion for Summary Judgment reset to 12/5/00. ( signed by Judge Lynn J. Bush ) Copy to parties. (JT)
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                                                                                                                                                                                                                              Blank 39 Filed: 11/20/2000, Entered: 11/22/2000, Terminated: 11/28/2000 Terminated:
                                                                                                                                                                                                                              MOTION by AMMEX, INC. (Service : 11/20/00 ) to Extend Time to file cross-motion and respond to Defendant's motion for summary judgment [until December 5, 2000]. Response due: 12/7/00 (JT)
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                                                                                                                                                                                                                                Blank 38 Filed: 10/30/2000, Entered: 10/31/2000 OrderCourt Filing
                                                                                                                                                                                                                                ORDER granting [37-1] motion to Extend Time to file cross-motion and respond to Defendant's motion for summary judgment. Plaintiff's Response to [35-1] motion for Summary Judgment and cross-motion reset to 11/28/00. ( signed by Judge Lynn J. Bush ) Copy parties. (JT)
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                                                                                                                                                                                                                                  Blank 37 Filed: 10/27/2000, Entered: 10/30/2000, Terminated: 10/30/2000 Terminated:
                                                                                                                                                                                                                                  MOTION by AMMEX, INC. (Service : 10/27/00 ) to Extend Time to file cross-motion and respond to Defendant's motion for summary judgment [until November 28, 2000]. Response due: 11/13/00 (JT)
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                                                                                                                                                                                                                                    Blank 36 Filed: 10/13/2000, Entered: 10/17/2000 Proposed Findings of Uncontroverted FactCourt Filing
                                                                                                                                                                                                                                    PROPOSED FINDINGS of Uncontroverted Fact by USA. Filed by leave of the Judge. Service: 10/11/00 (JT)
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                                                                                                                                                                                                                                      Blank 35 Filed: 10/13/2000, Entered: 10/17/2000 Terminated: Court Filing
                                                                                                                                                                                                                                      MOTION by USA (Service : 10/11/00 ) for Summary Judgment. (1 Separate Volume of Appendix) Filed by leave of the Judge. Response due: 11/13/00 (JT)
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                                                                                                                                                                                                                                        Blank 34 Filed: 9/26/2000, Entered: 9/29/2000 OrderCourt Filing
                                                                                                                                                                                                                                        ORDER denying [33-1] motion For reconsideration of [31-2] order under Rule 83.2. ( signed by Judge Lynn J. Bush ) Copy to parties. (JT)
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                                                                                                                                                                                                                                          Blank 33 Filed: 9/20/2000, Entered: 9/21/2000, Terminated: 9/26/2000 Terminated:
                                                                                                                                                                                                                                          MOTION by AMMEX, INC. (Service : 9/20/00 ) For reconsideration of [31-2] order under Rule 83.2 . (DS)
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                                                                                                                                                                                                                                            Blank 32 Filed: 9/18/2000, Entered: 9/19/2000 OrderCourt Filing
                                                                                                                                                                                                                                            ORDER returning to Plaintiff, unfiled, their reply memorandum in support of motion to enlarge the discovery period. ( signed by Judge Lynn J. Bush ) Copy to parties. (JT)
                                                                                                                                                                                                                                              LREF
                                                                                                                                                                                                                                              Blank 31 Filed: 9/14/2000, Entered: 9/14/2000 Court Filing
                                                                                                                                                                                                                                              ORDER denying [29-1] motion to Extend Time of the discovery period Motion Filing deadline to 11/13/00 (signed by Judge Lynn J. Bush). Copy to parties. (FE)
                                                                                                                                                                                                                                                LREF
                                                                                                                                                                                                                                                Blank 30 Filed: 9/14/2000, Entered: 9/14/2000
                                                                                                                                                                                                                                                RESPONSE by USA (Service: 9/13/00 ) to [29-1] motion to Extend Time of the discovery period. Reply due: 9/25/00. (FE)
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                                                                                                                                                                                                                                                  Blank 29 Filed: 9/12/2000, Entered: 9/14/2000, Terminated: 9/14/2000 Terminated:
                                                                                                                                                                                                                                                  MOTION by AMMEX, INC. (Service : 9/12/00 ) to Extend Time of the discovery period [until October 27, 2000]. Response due: 9/29/00 (JT)
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                                                                                                                                                                                                                                                    Blank 28 Filed: 8/14/2000, Entered: 9/14/2000 OrderCourt Filing
                                                                                                                                                                                                                                                    ORDER granting [27-1] motion to Extend Time to respond to discovery requests set deadline for discovery requests to 8/14/00 ( signed by Judge Lynn J. Bush ) Copy to parties. (DS)
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                                                                                                                                                                                                                                                      Blank 27 Filed: 8/7/2000, Entered: 8/8/2000, Terminated: 8/14/2000 Terminated:
                                                                                                                                                                                                                                                      CONSENT MOTION by AMMEX, INC. (Service: 8/7/00) to Extend Time to respond to discovery requests , (until August 14, 2000). (FE)
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                                                                                                                                                                                                                                                        Blank 26 Filed: 7/11/2000, Entered: 7/17/2000 OrderCourt Filing
                                                                                                                                                                                                                                                        ORDER granting [25-1] motion to Extend Time of the discovery period, granting [25-2] motion to reschedule deadline for filing dispositive motion. Plaintiff's responses to Defendant's discovery reset to 8/5/00; Defendant's responses to Plaintiff's discovery reset to 8/29/00; reset Discovery deadline to 9/12/00 and reset dispositive Motion Filing deadline to 11/13/00. ( signed by Judge Lynn J. Bush ) Copy to parties. (JT)
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                                                                                                                                                                                                                                                          Blank 25 Filed: 7/6/2000, Entered: 7/12/2000, Terminated: 7/11/2000 Terminated:
                                                                                                                                                                                                                                                          MOTION by AMMEX, INC. (Service : 7/6/00 ) to Extend Time of the discovery period [until September 12, 2000] and to reschedule deadline for filing dispositive motion. Response due: 7/24/00 (JT)
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                                                                                                                                                                                                                                                            Blank 24 Filed: 6/14/2000, Entered: 6/15/2000 OrderCourt Filing
                                                                                                                                                                                                                                                            ORDER granting [23-1] motion to Extend Time to respond to Defendant's discovery requests Discovery deadline to 7/6/00 (signed by Judge Lynn J. Bush). Copy to parties. (FE)
                                                                                                                                                                                                                                                              LREF
                                                                                                                                                                                                                                                              Blank 23 Filed: 6/6/2000, Entered: 6/8/2000, Terminated: 6/14/2000 Terminated:
                                                                                                                                                                                                                                                              MOTION by AMMEX, INC. (Service : 6/6/00 ) to Extend Time to respond to Defendant's discovery requests [until July 6, 2000]. Response due: 6/23/00 (JT)
                                                                                                                                                                                                                                                                LREF
                                                                                                                                                                                                                                                                Blank 22 Filed: 5/12/2000, Entered: 5/15/2000 OrderCourt Filing
                                                                                                                                                                                                                                                                ORDER returning as unfiled, Plaintiff's motion of 5/8/00 to enter Robert E. McFarland as co-counsel. ( signed by Judge Lynn J. Bush ) Copy to parties. (JT)
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                                                                                                                                                                                                                                                                  Blank 21 Filed: 5/12/2000, Entered: 5/15/2000 OrderCourt Filing
                                                                                                                                                                                                                                                                  ORDER granting [20-1] motion to Extend Time for parties to complete discovery, granting [20-2] motion to Extend Time for filing dispositive motions. Reset discovery deadline to 8/14/00 and reset dispositive motion filing deadline to 10/13/00. ( signed by Judge Lynn J. Bush ) Copy to parties. (JT)
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                                                                                                                                                                                                                                                                    Blank 20 Filed: 5/11/2000, Entered: 5/11/2000, Terminated: 5/12/2000 Motion for Extension of Time
                                                                                                                                                                                                                                                                    MOTION by AMMEX, INC. (Service : 5/10/00 ) to Extend Time for parties to complete discovery (to August 13, 2000) and to Extend Time for filing dispositive motions (to October 13, 2000). (DS)
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                                                                                                                                                                                                                                                                      Blank 19 Filed: 5/9/2000, Entered: 5/10/2000 Terminated:
                                                                                                                                                                                                                                                                      MOTION by AMMEX, INC. (Service : 5/9/00 ) to substitute attorney (consented) Terminated attorney Robert Steven Fink for AMMEX, INC. Added Edward Louis Froelich. (HW)
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                                                                                                                                                                                                                                                                        Blank 18 Filed: 2/18/2000, Entered: 2/22/2000 OrderCourt Filing
                                                                                                                                                                                                                                                                        ORDER suspending pretrial proceedings and set dispositive motions filing deadline to 8/14/00. ( signed by Judge Lynn J. Bush ) Copy to parties. (JT)
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                                                                                                                                                                                                                                                                          Blank 17 Filed: 2/10/2000, Entered: 2/11/2000 Status Report
                                                                                                                                                                                                                                                                          JOINT STATUS REPORT by USA. Service: 2/10/00. (FE)
                                                                                                                                                                                                                                                                            LREF
                                                                                                                                                                                                                                                                            Blank 16 Filed: 1/24/2000, Entered: 2/1/2000 OrderCourt Filing
                                                                                                                                                                                                                                                                            ORDER suspending the parties compliance with the procedures set forth in the Order of 9/7/99 and denying [15-1] motion regarding further proceedings. Set joint Status Report deadline to 2/15/00. ( signed by Judge Lynn J. Bush ) Copy to parties. (JT)
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                                                                                                                                                                                                                                                                              Blank 15 Filed: 1/12/2000, Entered: 1/13/2000, Terminated: 1/24/2000 Terminated:
                                                                                                                                                                                                                                                                              MOTION by USA (Service: 1/12/00) regarding further proceedings . (FE)
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                                                                                                                                                                                                                                                                                Blank 15 Filed: 1/12/2000, Entered: 1/13/2000, Terminated: 1/24/2000 Status Report
                                                                                                                                                                                                                                                                                JOINT STATUS REPORT by USA. Service: 1/12/00. (FE)
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                                                                                                                                                                                                                                                                                  Blank 14 Filed: 12/27/1999, Entered: 12/28/1999 OrderCourt Filing
                                                                                                                                                                                                                                                                                  ORDER granting [13-1] motion for a further suspension of proceedings, granting [13-2] motion to Extend Time to file joint status report. Reset joint Status Report deadline to 1/12/00. ( signed by Judge Lynn J. Bush ) Copy to parties. (JT)
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                                                                                                                                                                                                                                                                                    Blank 13 Filed: 12/9/1999, Entered: 12/13/1999, Terminated: 12/27/1999 Terminated:
                                                                                                                                                                                                                                                                                    MOTION by USA (Service : 12/9/99 ) for a further suspension of proceedings and to Extend Time to file joint status report [until January 12, 2000]. Response due: 12/27/99 (JT)
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                                                                                                                                                                                                                                                                                      Blank 12 Filed: 12/2/1999, Entered: 12/3/1999 OrderCourt Filing
                                                                                                                                                                                                                                                                                      SEE NO. 99-778 T FOR ORDER Consolidating Cases. ( signed by Judge Lynn J. Bush ) Copy to parties. (DS)
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                                                                                                                                                                                                                                                                                        Blank -- Filed: 12/2/1999, Entered: 12/3/1999 Set/Clear Flags
                                                                                                                                                                                                                                                                                        Consolidated Lead Case (DS)
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                                                                                                                                                                                                                                                                                          Blank 11 Filed: 10/18/1999, Entered: 10/22/1999 Notice of Change of Address
                                                                                                                                                                                                                                                                                          NOTICE of change of address by Robert Steven Fink (HW)
                                                                                                                                                                                                                                                                                            LREF
                                                                                                                                                                                                                                                                                            Blank 9 Filed: 9/17/1999, Entered: 9/22/1999 OrderCourt Filing
                                                                                                                                                                                                                                                                                            ORDER granting [8-1] motion to stay proceedings. Set joint status report deadline to 12/13/99. ( signed by Judge Lynn J. Bush ) Copy to parties. (JT)
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                                                                                                                                                                                                                                                                                              Blank 8 Filed: 9/15/1999, Entered: 9/18/1999, Terminated: 9/17/1999 Terminated:
                                                                                                                                                                                                                                                                                              MOTION by USA (Service : 9/15/99 ) to stay proceedings. Response due: 10/4/99 (JT)
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                                                                                                                                                                                                                                                                                                Blank 7 Filed: 9/7/1999, Entered: 9/8/1999 OrderCourt Filing
                                                                                                                                                                                                                                                                                                ORDER re: Plaintiff shall furnish their pretrial submissions to Defendant by 12/6/99; Defendant shall furnish Plaintiff with their submissions and responses within 60 days; and Plaintiff shall furnish Defendant with their responses within 30 days. ( signed by Judge Lynn J. Bush ) Copy to parties. (JT)
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                                                                                                                                                                                                                                                                                                  Blank 10 Filed: 9/2/1999, Entered: 10/7/1999 Notice of Change of Address
                                                                                                                                                                                                                                                                                                  NOTICE of change of address by Robert Steven Fink. (HW)
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                                                                                                                                                                                                                                                                                                    Blank 6 Filed: 8/24/1999, Entered: 8/26/1999 Answer
                                                                                                                                                                                                                                                                                                    ANSWER to Complaint by USA. Service: 8/24/99 (JPSR due 10/12/99). (FE)
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                                                                                                                                                                                                                                                                                                      Blank 5 Filed: 7/9/1999, Entered: 7/9/1999
                                                                                                                                                                                                                                                                                                      ORDER granting [4-1] motion to Extend Time to respond to the complaint. reset Answer deadline to 8/25/99 ( signed by the Clerk ) Copy to parties. (DS)
                                                                                                                                                                                                                                                                                                        LREF
                                                                                                                                                                                                                                                                                                        Blank 4 Filed: 7/9/1999, Entered: 7/9/1999, Terminated: 7/9/1999 Motion for Extension of Time
                                                                                                                                                                                                                                                                                                        MOTION by USA (Service : 7/8/99 ) to Extend Time to respond to the complaint. (to August 25, 1999) (DS)
                                                                                                                                                                                                                                                                                                          LREF
                                                                                                                                                                                                                                                                                                          Blank 3 Filed: 6/7/1999, Entered: 6/9/1999 Notice of Appearance/
                                                                                                                                                                                                                                                                                                          NOTICE of Attorney Appearance for USA by William Kenneth Drew. Service : 6/7/99. (HW)
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                                                                                                                                                                                                                                                                                                            Blank 2 Filed: 5/26/1999, Entered: 5/26/1999 Court Filing
                                                                                                                                                                                                                                                                                                            Notice of assignment to Judge Lynn J. Bush . Copy to parties. (FE)
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                                                                                                                                                                                                                                                                                                              Blank 1 Filed: 5/26/1999, Entered: 5/26/1999
                                                                                                                                                                                                                                                                                                              COMPLAINT (Filed with Exhibits A through Y), FILING FEE $120, RECEIPT #047579. Answer due on 7/26/99. (FE)
                                                                                                                                                                                                                                                                                                                LREF

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