SYSTEM FUELS, INC. v. USA
Federal Civil Lawsuit United States Court of Federal Claims, Case No. 1:03-cv-02623-CFL
District Judge Charles F. Lettow, presiding

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No Logo Entergy Arkansas, Plaintiff

Toggle Switch Represented by Pillsbury Winthrop Shaw Pittman LLP

Name Phone Fax E-Mail
Space Alexander D. Tomaszczuk +1 703 770 7940 +1 703 770 7901 alex.tomaszczuk@pillsburylaw.com
No Logo SYSTEM FUELS, INC., Plaintiff

Toggle Switch Represented by Pillsbury Winthrop Shaw Pittman LLP

Name Phone Fax E-Mail
Space Alexander D. Tomaszczuk +1 703 770 7940 +1 703 770 7901 alex.tomaszczuk@pillsburylaw.com
United States of America United States of America, Counter-Claimant
Officially listed as "USA"
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 Joshua Edward Gardner +1 202 305 7583 +1 202 307 0972 joshua.e.gardner@usdoj.gov
No Logo Entergy Arkansas, Counter-Defendant
Office COFC
Filed 11/5/2003
Jury Demand None
Demand $0
Nature of Suit 536 - Spent Nuclear Fuel
Cause Section 28 U.S.C. § 1491 Tucker Act
Jurisdiction U.S. Government Defendant
Disposition Judgment
County None
Terminated 10/16/2007
Origin 1
Reopened None
Lead Case None
Related Case
Other Court Cases '08-5025'[], '08-5035'[]
Def Custody Status
Flags APPEAL, CLOSED, CRSAPP, ECF, SNF
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Blank 233 Filed: 4/23/2013, Entered: None Court Filing
PUBLISHED OPINION. The Clerk is directed to enter judgment for plaintiffs in the amount of $47,813,498. Plaintiffs are also awarded costs in accord with RCFC 54(d). Signed by Judge Charles F. Lettow. (kn)
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    Legal Document 178 Filed: 1/25/2008, Entered: 2/6/2008 CAFC Case Number
    CAFC Case Number 08-5035 for [176] Notice of Cross Appeal filed by SYSTEM FUELS, INC., Entergy Arkansas. (hw1, )
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      Legal Document 176 Filed: 1/15/2008, Entered: 1/24/2008 Notice of cross-appeal
      NOTICE OF CROSS APPEAL, filed by Entergy Arkansas, SYSTEM FUELS, INC. Filing fee $ 455, receipt number 067572. (hw1, )
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        Legal Document 177 Filed: 1/9/2008, Entered: 2/6/2008 CAFC Case Number
        CAFC Case Number 08-5025 for [175] Notice of Appeal filed by USA. (hw1, )
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          Legal Document 175 Filed: 1/7/2008, Entered: 1/8/2008 Notice of Appeal
          NOTICE OF APPEAL, filed by USA. Copies to judge, opposing party and CAFC.Fee not required.(hw1, )
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            Legal Document 174 Filed: 12/11/2007, Entered: 12/27/2007 Certified Transcript to Attorney
            CERTIFIED TRANSCRIPT OF JUDGMENT, forwarded to Alexander D. Tomaszczuk. See letter in file. (bre,)
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              Legal Document 173 Filed: 11/9/2007, Entered: 11/9/2007 Court Filing
              PUBLISHED OPINION and ORDER denying [172] Motion for Reconsideration. Signed by Judge Charles F. Lettow. (lnb)
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                Legal Document 172 Filed: 10/30/2007, Entered: 10/30/2007, Terminated: 11/9/2007 Motion for Reconsideration
                MOTION for Reconsideration re [171] Judgment,, filed by USA.Response due by 11/16/2007.(Lo Re, Alan)
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                  Legal Document 171 Filed: 10/16/2007, Entered: 10/16/2007
                  JUDGMENT entered, pursuant to Rule 58, that the plaintiffs recover of and from the United States the sum of $48,651,728.00. Further, judgment is in favor of plaintiffs on the government's two counterclaims. Plaintiffs are awarded costs of suit. (lld)
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                    Legal Document 170 Filed: 10/16/2007, Entered: 10/16/2007 Court Filing
                    This Opinion is PUBLISHED. The Clerk is directed to enter judgment in favor of plaintiffs for $48,651,728. Plaintiffs are also awarded judgment on the two counterclaims put forward by defendant. Plaintiffs shall retain the right to bring subsequent actions for damages incurred after June 30, 2006. Plaintiffs are awarded costs of suit. Signed by Judge Charles F. Lettow. (lnb) Modified on 10/17/2007 to correct pdf. (Samler, Debbie).
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                      Legal Document 169 Filed: 10/12/2007, Entered: 10/12/2007 Court Filing
                      ORDER DENYING as moot [119] Defendant's Motion for Summary Judgment Regarding Plaintiffs' Claim for Interest; DENYING as moot [130] Defendant's Motion in Limine to Exclude the Testimony of Plaintiffs' Expert Witness, Ms. Eileen M. Supko; DENYING as moot [133] Defendant's Motion in Limine to Exclude from Trial Testimony Prepared by Government Contractors; and GRANTING [153] Plaintiffs' Unopposed Motion for Leave to File a Second Revised Exhibit List. Signed by Judge Charles F. Lettow. (lnb)
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                        Legal Document 168 Filed: 8/16/2007, Entered: 8/17/2007 TranscriptCourt Filing
                        TRANSCRIPT of Proceedings (pages 4785-4948) held on August 2, 2007 before Judge Charles F. Lettow. (dw1)
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                          Legal Document 167 Filed: 7/18/2007, Entered: 7/18/2007
                          POST TRIAL BRIEF Reply, filed by Entergy Arkansas, SYSTEM FUELS, INC.. (Chu, Jack)
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                            Legal Document 166 Filed: 6/28/2007, Entered: 6/28/2007
                            POST TRIAL BRIEF, filed by USA. (Gardner, Joshua)
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                              Legal Document 165 Filed: 5/25/2007, Entered: 5/25/2007
                              POST TRIAL BRIEF, filed by Entergy Arkansas, SYSTEM FUELS, INC.. (Chu, Jack)
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                                Legal Document 164 Filed: 4/19/2007, Entered: 4/19/2007 Court Filing
                                SCHEDULING ORDER:Plaintiffs' Post-Trial Brief due 5/25/2007; Government's Post-Trial Brief due by 6/28/2007; Plaintiffs' Post-Trial Reply Brief due 7/18/2007; Closing Argument set for 8/2/2007 09:30 AM in National Courts Building before Judge Charles F. Lettow. Signed by Judge Charles F. Lettow. (rhb, )
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                                  Legal Document 163 Filed: 4/19/2007, Entered: 4/19/2007 Court Filing
                                  TRANSCRIPT of Proceedings (pages 3987-4784) held on April 16-18, 2007 before Judge Charles F. Lettow. (dw1)
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                                    Legal Document 162 Filed: 4/16/2007, Entered: 4/18/2007 TranscriptCourt Filing
                                    TRANSCRIPT of Proceedings (pages 3339-3986) held on April 12-13, 2007 before Judge Charles F. Lettow. (dw1)
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                                      Legal Document 161 Filed: 3/30/2007, Entered: 4/3/2007 TranscriptCourt Filing
                                      TRANSCRIPT of Proceedings (pages 1-300 and 1245-1500) held on February 12, 2007 & February 16, 2007 before Judge Charles F. Lettow. (dw1)
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                                        Legal Document 160 Filed: 3/2/2007, Entered: 3/2/2007 Court Filing
                                        TRANSCRIPT of Proceedings (pages 2741-3338) held on February 26 & 28, 2007 and March 1, 2007 before Judge Charles F. Lettow. (dw1)
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                                          Legal Document 159 Filed: 2/27/2007, Entered: 2/28/2007 TranscriptCourt Filing
                                          TRANSCRIPT of Proceedings (pages 1-152) held on February 5, 2007 before Judge Charles F. Lettow. (dw1)
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                                            Legal Document 158 Filed: 2/26/2007, Entered: 2/28/2007 TranscriptCourt Filing
                                            TRANSCRIPT of Proceedings (pages 1501-2740) held on February 20-23, 2007 before Judge Charles F. Lettow. (dw1)
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                                              Legal Document 157 Filed: 2/23/2007, Entered: 2/23/2007 Court Filing
                                              SCHEDULING ORDER:Designating April 12-17, 2007, as additional trial dates. Signed by Judge Charles F. Lettow. (rhb, )
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                                                Legal Document 156 Filed: 2/20/2007, Entered: 2/23/2007 TranscriptCourt Filing
                                                TRANSCRIPT of Proceedings (pages 1-1500) held on February 12-16, 2007 before Judge Charles F. Lettow. (dw1)
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                                                  Legal Document 155 Filed: 2/13/2007, Entered: 2/13/2007 Court Filing
                                                  ORDER amending [150] Pre-Trial Order Signed by Judge Charles F. Lettow. (rhb, )
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                                                    Legal Document 154 Filed: 2/12/2007, Entered: 2/12/2007 Court Filing
                                                    ORDER granting [151] Motion for Leave to File Plaintiffs' Revised Exhibit List Signed by Judge Charles F. Lettow. (rhb, )
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                                                      Legal Document 153 Filed: 2/11/2007, Entered: 2/11/2007, Terminated: 10/12/2007 Motion for Leave to File
                                                      Unopposed MOTION for Leave to File Second Revised Exhibit List, filed by Entergy Arkansas, SYSTEM FUELS, INC..Response due by 2/28/2007. (Attachments: # (1) Exhibit A (Plaintiffs' Second Revised Exhibit List))(Chu, Jack)
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                                                        Sealed Legal Document 152 Filed: 2/9/2007, Entered: 2/9/2007
                                                        **SEALED**REPLY to Response to Motion re [119] Sealed MOTION for Summary Judgment Regarding Plaintiffs' Claim For Interest, filed by USA. (Attachments: # (1) Appendix)(Donahue, Lisa)
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                                                          Legal Document 151 Filed: 2/7/2007, Entered: 2/7/2007, Terminated: 2/12/2007 Motion for Leave to File
                                                          Unopposed MOTION for Leave to File A Revised Exhibit List, filed by Entergy Arkansas, SYSTEM FUELS, INC..(Attachments: # (1) Exhibit A (Plaintiffs' Revised Exhibit List))(Chu, Jack)
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                                                            Legal Document 150 Filed: 2/6/2007, Entered: 2/6/2007 Court Filing
                                                            PRETRIAL ORDER Trial set for 2/12/2007 09:30 AM in National Courts Building before Judge Charles F. Lettow. Signed by Judge Charles F. Lettow. (rhb, )
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                                                              Legal Document 149 Filed: 2/5/2007, Entered: 2/5/2007 Court Filing
                                                              ORDER granting in part and denying in part [131] Motion to Strike Signed by Judge Charles F. Lettow. (rhb, )
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                                                                Legal Document 148 Filed: 2/5/2007, Entered: 2/5/2007 Court Filing
                                                                ORDER granting [137] Motion for leave to submit a revised exhibit list Signed by Judge Charles F. Lettow. (rhb, )
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                                                                  Legal Document 147 Filed: 2/5/2007, Entered: 2/5/2007 Court Filing
                                                                  ORDER granting [115] Motion to Conduct Site Visit Signed by Judge Charles F. Lettow. (rhb, )
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                                                                    Sealed Legal Document 146 Filed: 2/2/2007, Entered: 2/2/2007
                                                                    **SEALED**PROPOSED FINDINGS of Uncontroverted Fact RE: [119] Sealed MOTION for Summary Judgment Regarding Plaintiffs' Claim For Interest, filed by all plaintiffs. (Herzfeld, Daniel)
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                                                                      Sealed Legal Document 145 Filed: 2/2/2007, Entered: 2/2/2007
                                                                      **SEALED**RESPONSE to [120] PROPOSED FINDINGS of Uncontroverted Fact regarding Weighted Average Cost of Capital, filed by Entergy Arkansas, Entergy Arkansas, SYSTEM FUELS, INC., filed by Entergy Arkansas, Entergy Arkansas, SYSTEM FUELS, INC..(Herzfeld, Daniel)
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                                                                        Sealed Legal Document 144 Filed: 2/2/2007, Entered: 2/2/2007
                                                                        **SEALED**RESPONSE to [119] Sealed MOTION for Summary Judgment Regarding Plaintiffs' Claim For Interest, filed by Entergy Arkansas, Entergy Arkansas, SYSTEM FUELS, INC..Reply due by 2/16/2007. (Attachments: # (1) Appendix)(Herzfeld, Daniel)
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                                                                          Legal Document 143 Filed: 2/2/2007, Entered: 2/2/2007
                                                                          REPLY to Response to Motion re [131] MOTION to Strike [117] Notice (Other) and, In the Alternative, Motion in Limine To Preclude Reliance Upon Those Designations As Substantive Evidence Pursuant to RCFC 32(a) and Federal Rule of Evidence 801(d)(2), filed by USA. (Attachments: # (1))(Sullivan, Marian)
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                                                                            Legal Document 142 Filed: 2/2/2007, Entered: 2/2/2007 Court Filing
                                                                            ORDER granting [138] Motion for Leave to File Responses Under Seal Signed by Judge Charles F. Lettow. (rhb, )
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                                                                              Legal Document 141 Filed: 1/29/2007, Entered: 1/29/2007
                                                                              RESPONSE to [133] MOTION in Limine To Exclude From Trial Exhibits Prepared By Government Contractors, filed by Entergy Arkansas, SYSTEM FUELS, INC..Reply due by 2/12/2007. (Attachments: # (1) Appendix To Plaintiffs' Response)(Chu, Jack)
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                                                                                Legal Document 140 Filed: 1/29/2007, Entered: 1/29/2007
                                                                                RESPONSE to [130] MOTION in Limine To Exclude The Testimony Of Plaintiffs' Expert Witness, Ms. Eileen M. Supko, filed by Entergy Arkansas, SYSTEM FUELS, INC..Reply due by 2/12/2007. (Chu, Jack)
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                                                                                  Legal Document 139 Filed: 1/29/2007, Entered: 1/29/2007
                                                                                  RESPONSE to [131] MOTION to Strike [117] Notice (Other) and, In the Alternative, Motion in Limine To Preclude Reliance Upon Those Designations As Substantive Evidence Pursuant to RCFC 32(a) and Federal Rule of Evidence 801(d)(2), filed by Entergy Arkansas, SYSTEM FUELS, INC..Reply due by 2/12/2007. (Attachments: # (1) Exhibit A (Defendant's Responses to Interrogatories 36, 43, 45, 50)# (2) Exhibit B (9-21-04 Yankee Order)# (3) Exhibit C (NSP trial transcript excerpt)# (4) Exhibit D (Defendant's Response to Interrogatory 7)# (5) E (Defendant's Response to Interrogatories 77, 78, 79, 80, 81))(Chu, Jack)
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                                                                                    Legal Document 138 Filed: 1/29/2007, Entered: 1/29/2007, Terminated: 2/2/2007 Motion for Leave to File
                                                                                    Unopposed MOTION for Leave to File Documents Under Seal Electronically, filed by Entergy Arkansas, SYSTEM FUELS, INC..Response due by 2/15/2007.(Chu, Jack)
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                                                                                      Legal Document 137 Filed: 1/26/2007, Entered: 1/26/2007, Terminated: 2/5/2007 Motion for Miscellaneous Relief
                                                                                      Unopposed MOTION Submit Revised Exhibit List, filed by USA.Response due by 2/12/2007.(Gardner, Joshua)
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                                                                                        Legal Document 136 Filed: 1/24/2007, Entered: 1/24/2007 Court Filing
                                                                                        ORDER finding as moot [122] Motion to Consolidate Cases Signed by Judge Charles F. Lettow. (rhb, )
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                                                                                          Legal Document 135 Filed: 1/22/2007, Entered: 1/22/2007
                                                                                          RESPONSE to [122] MOTION to Consolidate Cases 03-2624 with this case To Conduct Joint Trial Proceedings For The Testimony of Three Government Witnesses, filed by Entergy Arkansas, SYSTEM FUELS, INC..Reply due by 2/5/2007. (Attachments: # (1) Exhibit A (1-08-07 Grand Gulf Order))(Chu, Jack)
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                                                                                            Legal Document 134 Filed: 1/19/2007, Entered: 1/19/2007
                                                                                            TRIAL BRIEF, filed by USA. (Gardner, Joshua)
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                                                                                              Legal Document 133 Filed: 1/19/2007, Entered: 1/19/2007, Terminated: 10/12/2007 Motion in Limine
                                                                                              MOTION in Limine To Exclude From Trial Exhibits Prepared By Government Contractors, filed by USA.Response due by 2/5/2007. (Attachments: # (1) Appendix)(Damelin, Scott)
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                                                                                                Legal Document 132 Filed: 1/19/2007, Entered: 1/19/2007
                                                                                                Objection to Exhibit List, filed by Entergy Arkansas, SYSTEM FUELS, INC.. Related document: [124] Order on Motion for Extension of Time to File, [127] Exhibit List filed by USA,.(Chu, Jack)
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                                                                                                  Legal Document 131 Filed: 1/19/2007, Entered: 1/19/2007, Terminated: 2/5/2007 Motion to Strike
                                                                                                  MOTION to Strike [117] Notice (Other) and, In the Alternative, Motion in Limine To Preclude Reliance Upon Those Designations As Substantive Evidence Pursuant to RCFC 32(a) and Federal Rule of Evidence 801(d)(2), filed by USA.Response due by 2/5/2007. (Attachments: # (1))(Sullivan, Marian)
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                                                                                                    Legal Document 130 Filed: 1/19/2007, Entered: 1/19/2007, Terminated: 10/12/2007 Motion in Limine
                                                                                                    MOTION in Limine To Exclude The Testimony Of Plaintiffs' Expert Witness, Ms. Eileen M. Supko, filed by USA.Response due by 2/5/2007. (Attachments: # (1) Appendix Part 1 of Appendix# (2) Appendix Part 2 of Appendix# (3) Appendix Part 3 of Appendix# (4) Appendix Part 4 of Appendix# (5) Appendix Part 5 of Appendix# (6) Appendix Part 6 of Appendix# (7) Appendix Part 7 of Appendix)(Gardner, Joshua)
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                                                                                                    Legal Document 129 Filed: 1/19/2007, Entered: 1/19/2007
                                                                                                    Objection to Exhibit List, filed by USA. Related document: [114] Exhibit List filed by SYSTEM FUELS, INC.,, Entergy Arkansas,.(Gardner, Joshua)
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                                                                                                      Legal Document 128 Filed: 1/19/2007, Entered: 1/19/2007
                                                                                                      Witness List, filed by USA. (Gardner, Joshua)
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                                                                                                        Legal Document 127 Filed: 1/19/2007, Entered: 1/19/2007
                                                                                                        Exhibit List, filed by USA. (Gardner, Joshua)
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                                                                                                          Legal Document 126 Filed: 1/8/2007, Entered: 1/8/2007 Court Filing
                                                                                                          ORDER granting [123] Motion to designate prior trial testimony of Robert L. Morgan Signed by Judge Charles F. Lettow. (rhb, )
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                                                                                                            Legal Document 125 Filed: 1/8/2007, Entered: 1/8/2007
                                                                                                            RESPONSE to [115] MOTION For The Court To Schedule A Site Visit, filed by USA.Reply due by 1/22/2007. (Gardner, Joshua)
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                                                                                                              Legal Document 124 Filed: 1/5/2007, Entered: 1/5/2007 Court Filing
                                                                                                              ORDER granting [116] Motion for Extension of Time Plaintiffs' objections to government's proposed list of trial exhibits due 1/19/2007 Signed by Judge Charles F. Lettow. (rhb, )
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                                                                                                                Legal Document 123 Filed: 1/5/2007, Entered: 1/5/2007, Terminated: 1/8/2007 Motion for Miscellaneous Relief
                                                                                                                Unopposed MOTION To Designate Prior Trial Testimony of Mr. Robert L. Morgan filed by USA. (Attachments: # (1) # (2))(Sullivan, Marian)
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                                                                                                                  Legal Document 122 Filed: 1/5/2007, Entered: 1/5/2007, Terminated: 1/24/2007 Motion to Consolidate Cases
                                                                                                                  MOTION to Consolidate Cases 03-2624 with this case To Conduct Joint Trial Proceedings For The Testimony of Three Government Witnesses, filed by USA.Response due by 1/22/2007. (Attachments: # (1))(Sullivan, Marian)
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                                                                                                                    Legal Document 121 Filed: 1/4/2007, Entered: 1/4/2007
                                                                                                                    RESPONSE to [116] MOTION for Extension of Time until 1/19/07 to To File Objections To Defendant's Exhibits, filed by USA. Reply due by 1/19/2007. (Lester, Harold)
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                                                                                                                      Blank -- Filed: 1/4/2007, Entered: 1/5/2007 Set Deadlines/Hearings:
                                                                                                                      Set Deadlines/Hearings: Reply due by 1/19/2007. (dw1)
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                                                                                                                        Sealed Legal Document 120 Filed: 12/27/2006, Entered: 12/27/2006
                                                                                                                        **SEALED**PROPOSED FINDINGS of Uncontroverted Fact RE: [119] Sealed MOTION for Summary Judgment Regarding Plaintiffs' Claim For Interest, filed by USA. (Damelin, Scott)
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                                                                                                                          Sealed Legal Document 119 Filed: 12/27/2006, Entered: 12/27/2006, Terminated: 10/12/2007 Motion for Summary Judgment
                                                                                                                          **SEALED** MOTION for Summary Judgment Regarding Plaintiffs' Claim For Interest, filed by USA.Response due by 1/29/2007. (Attachments: # (1) Appendix)(Damelin, Scott)
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                                                                                                                            Legal Document 118 Filed: 12/27/2006, Entered: 12/27/2006 Court Filing
                                                                                                                            ORDER granting [111] Motion for Leave to File motion for summary judgment, an accompanying appendix, and proposed findings of fact under seal. Signed by Judge Charles F. Lettow. (bpc, )
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                                                                                                                              Legal Document 117 Filed: 12/22/2006, Entered: 12/22/2006
                                                                                                                              NOTICE, filed by all plaintiffs OF DEPOSITION & TRIAL TESTIMONY DESIGNATIONS (Herzfeld, Daniel)
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                                                                                                                                Legal Document 116 Filed: 12/22/2006, Entered: 12/22/2006, Terminated: 1/5/2007 Motion for Extension of Time
                                                                                                                                MOTION for Extension of Time until 1/19/07 to To File Objections To Defendant's Exhibits, filed by Entergy Arkansas, SYSTEM FUELS, INC..Response due by 1/8/2007.(Chu, Jack)
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                                                                                                                                  Legal Document 115 Filed: 12/22/2006, Entered: 12/22/2006, Terminated: 2/5/2007 Motion for Miscellaneous Relief
                                                                                                                                  MOTION For The Court To Schedule A Site Visit, filed by Entergy Arkansas, SYSTEM FUELS, INC..Response due by 1/8/2007.(Chu, Jack)
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                                                                                                                                    Legal Document 114 Filed: 12/22/2006, Entered: 12/22/2006
                                                                                                                                    Exhibit List, filed by Entergy Arkansas, SYSTEM FUELS, INC.. (Chu, Jack)
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                                                                                                                                      Legal Document 113 Filed: 12/22/2006, Entered: 12/22/2006
                                                                                                                                      Witness List, filed by Entergy Arkansas, SYSTEM FUELS, INC.. (Chu, Jack)
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                                                                                                                                        Legal Document 112 Filed: 12/22/2006, Entered: 12/22/2006
                                                                                                                                        Memorandum of Contentions of Fact and Law, filed by Entergy Arkansas, SYSTEM FUELS, INC.. (Chu, Jack)
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                                                                                                                                          Legal Document 111 Filed: 12/22/2006, Entered: 12/22/2006, Terminated: 12/27/2006 Motion for Leave to File
                                                                                                                                          Unopposed MOTION for Leave to File Defendant's Motion For Summary Judgment Regarding Plaintffs' Claim For Interest under seal, filed by USA.Response due by 1/8/2007.(Donahue, Lisa)
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                                                                                                                                            Legal Document 110 Filed: 12/8/2006, Entered: 12/8/2006 Court Filing
                                                                                                                                            ORDER granting [109] Motion for Extension of Time Discovery due by 12/21/2006. Plaintiffs' Memorandum of contentions of fact and law due by 12/22/2006. Defendant's Memorandum of contentions of fact and law due by 1/19/2007. Signed by Judge Charles F. Lettow. (rhb, )
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                                                                                                                                              Legal Document 109 Filed: 12/6/2006, Entered: 12/6/2006, Terminated: 12/8/2006 Motion to Amend Schedule
                                                                                                                                              Joint MOTION to Amend Schedule re: [106] Order on Motion to Amend Schedule filed by Entergy Arkansas, SYSTEM FUELS, INC. and USA.(Chu, Jack)
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                                                                                                                                                Legal Document 108 Filed: 11/20/2006, Entered: 11/21/2006 ~Notice (other)
                                                                                                                                                Rule 30(b)(6) NOTICE OF DEPOSITION filed by USA, by leave of the Jugde Service: 11/16/06.(dw1) Additional attachment(s) added on 11/21/2006 (dw1, ).
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                                                                                                                                                  Legal Document 107 Filed: 9/29/2006, Entered: 9/29/2006 Court Filing
                                                                                                                                                  PUBLISHED OPINION on [89] MOTION for Leave to File Second Amended Complaint And Supplemental Complaint filed by SYSTEM FUELS, INC., Entergy Arkansas,[92] MOTION for Protective Order Regarding Defendant's Notice Of Deposition And For Expedited Consideration filed by SYSTEM FUELS, INC., Entergy Arkansas, [94] CROSS MOTION and RESPONSE to [92] Motion for Protective Order, filed by SYSTEM FUELS, INC., Entergy Arkansas, filed by USA, . Signed by Judge Charles F. Lettow. (rhb, )
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                                                                                                                                                    Legal Document 106 Filed: 9/29/2006, Entered: 9/29/2006 Court Filing
                                                                                                                                                    ORDER granting [90] Joint Motion to Amend Scheduling OrderExchange of any expert rebuttal reports due by 10/13/2006; Completion of fact discovery and expert discovery due by 12/11/2006; Satisfaction of requirements in RCFC Appendix A Par. 13 due by 12/15/2006. Signed by Judge Charles F. Lettow. (rhb, )
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                                                                                                                                                      Legal Document 105 Filed: 9/29/2006, Entered: 9/29/2006 Court Filing
                                                                                                                                                      ORDER granting [93] Motion for Leave to File Exhibit A to Pl.'s Mot. for Protective Order Signed by Judge Charles F. Lettow. (rhb, )
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                                                                                                                                                        Blank -- Filed: 9/29/2006, Entered: 9/29/2006
                                                                                                                                                        Document #104 deleted for clerical purposes. Document has been refiled as a Published Opinion on this date. (lld, )
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                                                                                                                                                          Legal Document 103 Filed: 9/26/2006, Entered: 9/26/2006
                                                                                                                                                          REPLY to Response to Motion re [94] CROSS MOTION and RESPONSE to [92] Motion for Protective Order, filed by SYSTEM FUELS, INC.,, Entergy Arkansas,, filed by USA. (Gardner, Joshua)
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                                                                                                                                                            Legal Document 102 Filed: 9/25/2006, Entered: 9/25/2006 Court Filing
                                                                                                                                                            ORDER granting [101] Motion for Extension of Time to File Reply re [101] Unopposed MOTION for Extension of Time until 9/26/2006 to File Response or Reply as to [96] Reply to Response to Motion. Reply due by 9/26/2006. Signed by Judge Charles F. Lettow. (rhb, )
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                                                                                                                                                              Legal Document 101 Filed: 9/22/2006, Entered: 9/22/2006, Terminated: 9/25/2006 Motion for Extension of Time to File Response/Repl
                                                                                                                                                              Unopposed MOTION for Extension of Time until 9/26/2006 to File Response or Reply as to [96] Reply to Response to Motion, filed by USA.(Lester, Harold)
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                                                                                                                                                                Legal Document 100 Filed: 9/21/2006, Entered: 9/21/2006
                                                                                                                                                                NOTICE, filed by Entergy Arkansas, SYSTEM FUELS, INC. Of Filing Documents Regarding The One-Time Fee (Attachments: # (1) Exhibit A (Dreyfus memo)# (2) Exhibit B (Friedman memo))(Chu, Jack)
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                                                                                                                                                                  Blank -- Filed: 9/20/2006, Entered: 9/20/2006
                                                                                                                                                                  Set/Reset Transcript Deadlines: Transcript due by 9/18/2006. (vp1, )
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                                                                                                                                                                    Blank -- Filed: 9/20/2006, Entered: 9/20/2006
                                                                                                                                                                    Set/Reset Transcript Deadlines: Transcript due by 9/28/2006. (vp1, )
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                                                                                                                                                                      Legal Document 99 Filed: 9/14/2006, Entered: 9/14/2006 Court Filing
                                                                                                                                                                      TRANSCRIPT of Proceedings (pages 1-61) held on September 13, 2006 before Judge Charles F. Lettow. (dw1)
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                                                                                                                                                                        Legal Document 98 Filed: 9/12/2006, Entered: 9/12/2006 Court Filing
                                                                                                                                                                        ORDER granting [97] Motion for Extension of Time. Expert Report due by 9/13/2006. Signed by Judge Charles F. Lettow. (rhb, )
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                                                                                                                                                                          Legal Document 97 Filed: 9/12/2006, Entered: 9/12/2006, Terminated: 9/12/2006 Motion for Extension of Time
                                                                                                                                                                          Unopposed MOTION for Extension of Time until September 13, 2006 to Produce Expert Reports, filed by USA.Response due by 9/29/2006.(Gardner, Joshua)
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                                                                                                                                                                            Legal Document 96 Filed: 9/8/2006, Entered: 9/8/2006
                                                                                                                                                                            REPLY to Response to Motion re [92] MOTION for Protective Order Regarding Defendant's Notice Of Deposition And For Expedited Consideration, [94] CROSS MOTION and RESPONSE to [92] Motion for Protective Order, filed by SYSTEM FUELS, INC.,, Entergy Arkansas,, filed by Entergy Arkansas, Entergy Arkansas, SYSTEM FUELS, INC.. (Herzfeld, Daniel)
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                                                                                                                                                                              Legal Document 95 Filed: 9/5/2006, Entered: 9/5/2006 Court Filing
                                                                                                                                                                              ORDER Setting Hearing on Motion [89] MOTION for Leave to File Second Amended Complaint And Supplemental Complaint, [90] Joint MOTION to Amend Schedule re: [86] Order on Motion to Amend/Correct, [93] MOTION for Leave to File Exhibit A (Notice Of Deposition), [92] MOTION for Protective Order Regarding Defendant's Notice Of Deposition And For Expedited Consideration, [94] CROSS MOTION and RESPONSE to [92] Motion for Protective Order, filed by SYSTEM FUELS, INC.,, Entergy Arkansas,: Motion Hearing set for 9/13/2006 10:00 AM in National Courts Building before Judge Charles F. Lettow. Signed by Judge Charles F. Lettow. (rhb, )
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                                                                                                                                                                                Legal Document 94 Filed: 8/30/2006, Entered: 8/30/2006, Terminated: 9/29/2006 Cross Motion
                                                                                                                                                                                CROSS MOTION and RESPONSE to [92] Motion for Protective Order, filed by SYSTEM FUELS, INC.,, Entergy Arkansas,, filed by USA.Response due by 9/18/2006.(Lester, Harold)
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                                                                                                                                                                                  Legal Document 93 Filed: 8/24/2006, Entered: 8/24/2006, Terminated: 9/29/2006 Motion for Leave to File
                                                                                                                                                                                  MOTION for Leave to File Exhibit A (Notice Of Deposition), filed by Entergy Arkansas, SYSTEM FUELS, INC.. Response due by 9/11/2006. (Attachments: # (1) Exhibit A (Notice of deposition))(Chu, Jack)
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                                                                                                                                                                                    Legal Document 92 Filed: 8/24/2006, Entered: 8/24/2006, Terminated: 9/29/2006 Motion for Protective Order
                                                                                                                                                                                    MOTION for Protective Order Regarding Defendant's Notice Of Deposition And For Expedited Consideration, filed by Entergy Arkansas, SYSTEM FUELS, INC.. Response due by 9/11/2006.(Chu, Jack)
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                                                                                                                                                                                      Legal Document 91 Filed: 8/14/2006, Entered: 8/14/2006
                                                                                                                                                                                      RESPONSE to [89] Motion for Leave to File, Second Amended Complaint and Supplemental Complaint, filed by USA. (Damelin, Scott)
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                                                                                                                                                                                        Legal Document 90 Filed: 8/7/2006, Entered: 8/7/2006, Terminated: 9/29/2006 Motion to Amend Schedule
                                                                                                                                                                                        Joint MOTION to Amend Schedule re: [86] Order on Motion to Amend/Correct filed by Entergy Arkansas SYSTEM FUELS, INC. and USA.(Chu, Jack)
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                                                                                                                                                                                          Legal Document 89 Filed: 7/28/2006, Entered: 7/28/2006, Terminated: 9/29/2006 Motion for Leave to File
                                                                                                                                                                                          MOTION for Leave to File Second Amended Complaint And Supplemental Complaint, filed by Entergy Arkansas, SYSTEM FUELS, INC.. Response due by 8/14/2006. (Attachments: # (1) Exhibit A (Second Amended Complaint And Supplemental Complaint)# (2) Exhibit B (DOJ letter in Southern Nuclear)# (3) Exhibit C (DOJ letter in SFI)# (4) Exhibit D (DOJ excerpt in PG&E)# (5) Exhibit E (DOJ excerpt in Yankee))(Chu, Jack)
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                                                                                                                                                                                            Legal Document 88 Filed: 7/24/2006, Entered: 7/24/2006 Court Filing
                                                                                                                                                                                            ORDER granting [87] Joint Motion requesting an order regarding discovery of draft expert reports. Signed by Judge Charles F. Lettow. (aj1)
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                                                                                                                                                                                              Legal Document 87 Filed: 7/18/2006, Entered: 7/18/2006, Terminated: 7/24/2006 Motion for Miscellaneous Relief
                                                                                                                                                                                              Joint MOTION For An Order Regarding Discovery Of Draft Expert Reports filed by USA.(Gardner, Joshua)
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                                                                                                                                                                                                Legal Document 86 Filed: 5/15/2006, Entered: 5/15/2006 Court Filing
                                                                                                                                                                                                ORDER granting [85] Joint Motion to Amend Scheduling Order. Signed by Judge Charles F. Lettow. (aj1)
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                                                                                                                                                                                                  Legal Document 85 Filed: 5/12/2006, Entered: 5/12/2006, Terminated: 5/15/2006 Motion to Amend/Correct
                                                                                                                                                                                                  Joint MOTION to Amend/Correct [77] Scheduling Order filed by USA.(Damelin, Scott)
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                                                                                                                                                                                                    Legal Document 84 Filed: 3/21/2006, Entered: 3/21/2006 Court Filing
                                                                                                                                                                                                    TRANSCRIPT of Proceedings held on March 14, 2006 before Judge Charles F. Lettow. (dw1)
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                                                                                                                                                                                                      Blank -- Filed: 3/15/2006, Entered: 3/15/2006
                                                                                                                                                                                                      Set/Reset Transcript Deadlines: Transcript due by 3/29/2006. (vp1, )
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                                                                                                                                                                                                        Legal Document 83 Filed: 3/14/2006, Entered: 3/14/2006 Court Filing
                                                                                                                                                                                                        ORDER denying that part of Defendants Motion for Reconsideration of Certain Aspects of the Courts April 20, 2005 Opinion requesting that the court reconsider its decision respecting the time period to be covered by the trial on damages scheduled for February 2007. Signed by Judge Charles F. Lettow. (aj1)
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                                                                                                                                                                                                          Legal Document 82 Filed: 3/2/2006, Entered: 3/2/2006
                                                                                                                                                                                                          REPLY to Response to Motion re [78] MOTION for Reconsideration re [57] Order on Motion for Summary Judgment,, Order on Motion to Amend Pleadings - Rule 15(b), Order on Motion to Amend Pleadings - Rule 15(b),,, Order on Cross Motion [Dispositive], Order on Cross Motion [Dispositive], filed by USA. (Finn, Stephen)
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                                                                                                                                                                                                            Legal Document 81 Filed: 2/21/2006, Entered: 2/21/2006 Court Filing
                                                                                                                                                                                                            SCHEDULING ORDER: Hearing set for 3/14/2006 at 10:00 AM in the National Courts Building, Washington, DC before Judge Charles F. Lettow. The hearing will address that part of Defendants Motion for Reconsideration of Certain Aspects of the Courts April 20, 2005 Opinion which was deferred in the courts Scheduling Order of February 1, 2006. Signed by Judge Charles F. Lettow. (aj1)
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                                                                                                                                                                                                              Legal Document 80 Filed: 2/15/2006, Entered: 2/15/2006
                                                                                                                                                                                                              RESPONSE to [78] MOTION for Reconsideration re [57] Order on Motion for Summary Judgment,, Order on Motion to Amend Pleadings - Rule 15(b), Order on Motion to Amend Pleadings - Rule 15(b),,, Order on Cross Motion [Dispositive], Order on Cross Motion [Dispositive], filed by Entergy Arkansas, SYSTEM FUELS, INC.. (Chu, Jack)
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                                                                                                                                                                                                                Legal Document 79 Filed: 2/1/2006, Entered: 2/1/2006 Court Filing
                                                                                                                                                                                                                ORDER denying in part and deferring in part [78] Motion for Reconsideration. Defendants motion is denied insofar as it requests reconsideration of the courts decision that plaintiff may plead a takings claim as an alternative to a claim for breach of contract. The court defers action on the defendants request that the court reconsider its decision respecting the timeperiod to be covered by the trial on damages scheduled for February 2007. Plaintiffs are requested to respond to that aspect of defendants motion, and to do so on or before February 16, 2007. Signed by Judge Charles F. Lettow. (aj1)
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                                                                                                                                                                                                                  Blank -- Filed: 2/1/2006, Entered: 2/1/2006
                                                                                                                                                                                                                  Set Deadlines/Hearings: Response due by 2/16/2007. (dw1)
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                                                                                                                                                                                                                    Legal Document 78 Filed: 1/25/2006, Entered: 1/25/2006, Terminated: 2/1/2006 Motion for Reconsideration
                                                                                                                                                                                                                    MOTION for Reconsideration re [57] Order on Motion for Summary Judgment,, Order on Motion to Amend Pleadings - Rule 15(b), Order on Motion to Amend Pleadings - Rule 15(b),,, Order on Cross Motion [Dispositive], Order on Cross Motion [Dispositive], filed by USA. (Gardner, Joshua) Modified on 1/26/2006 (dw1). No response may be filed to this motion unless requested by the court.
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                                                                                                                                                                                                                      Legal Document 77 Filed: 1/23/2006, Entered: 1/23/2006 Court Filing
                                                                                                                                                                                                                      SCHEDULING ORDER: Parties' Joint Motion to Amend Scheduling Order, filed Jan. 20, 2006, is granted. Defendant's Expert Report now due by 7/11/2006. Expert rebuttal reports now due by 8/11/2006. Fact Discovery to be completed by 11/3/2006. Plaintiffs' memorandum of contentions of fact and law and evidentiary motions due by 12/18/2006; defendant's memorandum of contentions of fact and law, responses to evidentiary motions, and evidentiary motions, due by 1/16/2007; plaintiffs' responses to evidentiary motions due by 1/29/2007. Final Pretrial Conference will be held on 2/5/2007, at 10:00 AM in National Courts Building. Trial to commence on 2/12/2007, at 09:30 AM in National Courts Building. Signed by Judge Charles F. Lettow.(aj1)
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                                                                                                                                                                                                                        Legal Document 76 Filed: 1/20/2006, Entered: 1/20/2006, Terminated: 9/29/2006 Motion to Amend Schedule
                                                                                                                                                                                                                        Joint MOTION to Amend Schedule re: [68] Order filed by USA. (Gardner, Joshua)
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                                                                                                                                                                                                                          Legal Document 75 Filed: 1/13/2006, Entered: 1/13/2006 Court Filing
                                                                                                                                                                                                                          ORDER denying [72] Plaintiffs' Motion for Leave to File Expert Reports Under Seal. Denial of the pending motion is without prejudice.Signed by Judge Charles F. Lettow. (aj1)
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                                                                                                                                                                                                                            Legal Document 74 Filed: 1/10/2006, Entered: 1/10/2006
                                                                                                                                                                                                                            REPLY to Response to Motion re [72] MOTION for Leave to File Expert Reports Under Seal, filed by Entergy Arkansas, SYSTEM FUELS, INC.. (Chu, Jack)
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                                                                                                                                                                                                                              Legal Document 73 Filed: 12/27/2005, Entered: 12/27/2005
                                                                                                                                                                                                                              RESPONSE to [72] MOTION for Leave to File Expert Reports Under Seal, filed by USA. Reply due by 1/09/2006. (Finn, Stephen)
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                                                                                                                                                                                                                                Blank -- Filed: 12/27/2005, Entered: 12/27/2005
                                                                                                                                                                                                                                Set Deadlines/Hearings: Reply due by 1/9/2006. (dw1)
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                                                                                                                                                                                                                                  Legal Document 72 Filed: 12/21/2005, Entered: 12/21/2005, Terminated: 1/13/2006 Motion for Leave to File
                                                                                                                                                                                                                                  MOTION for Leave to File Expert Reports Under Seal, filed by Entergy Arkansas, SYSTEM FUELS, INC.. Response due by 1/9/2006. (Chu, Jack)
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                                                                                                                                                                                                                                    Legal Document 71 Filed: 12/7/2005, Entered: 12/7/2005 Court Filing
                                                                                                                                                                                                                                    ORDER granting [70] plaintiffs' Motion for Extension of Time to submit expert reports. Plaintiffs shall submit their expert reports on the rate of Spent Nuclear Fuel ("SNF") acceptance and on plaintiffs SNF acceptance rights on or before December 21, 2005, and shall submit their expert report on damages on or before January 20, 2006.Signed by Judge Charles F. Lettow. (aj1)
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                                                                                                                                                                                                                                      Legal Document 70 Filed: 12/6/2005, Entered: 12/6/2005, Terminated: 12/7/2005 Motion for Extension of Time
                                                                                                                                                                                                                                      Unopposed MOTION for Extension of Time until 1/20/06 to To Submit Plaintiffs' Expert Reports, filed by Entergy Arkansas, SYSTEM FUELS, INC.. Response due by 12/23/2005. (Chu, Jack)
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                                                                                                                                                                                                                                        Legal Document 69 Filed: 11/2/2005, Entered: 11/2/2005
                                                                                                                                                                                                                                        NOTICE of Appearance by Joshua E. Gardner for USA. (Gardner, Joshua)
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                                                                                                                                                                                                                                          Legal Document 68 Filed: 9/7/2005, Entered: 9/7/2005 Court Filing
                                                                                                                                                                                                                                          ORDER amending order of September 6, 2005.Signed by Judge Charles F. Lettow. (aj1)
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                                                                                                                                                                                                                                            Legal Document 67 Filed: 9/6/2005, Entered: 9/6/2005 Court Filing
                                                                                                                                                                                                                                            ORDER granting Motion for Extension of Time to exchange parties RCFC 26(a)(1) initial disclosures.Signed by Judge Charles F. Lettow. (aj1)
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                                                                                                                                                                                                                                              Legal Document 66 Filed: 9/1/2005, Entered: 9/1/2005, Terminated: 9/6/2005 Motion for Extension of Time
                                                                                                                                                                                                                                              Unopposed MOTION for Extension of Time until 09-08-2005 to Exchange The Parties' RCFC 26(a)(1) Initial Disclosures filed by Entergy Arkansas, SYSTEM FUELS, INC.. Response due by 9/19/2005. (Chu, Jack)
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                                                                                                                                                                                                                                                Legal Document 65 Filed: 6/28/2005, Entered: 6/28/2005 Court Filing
                                                                                                                                                                                                                                                SCHEDULING ORDER: RCFC 26(a)(1) initial disclosures due by 9/1/2005; plaintiffs' expert reports due by 12/9/2005; defendant's expert reports due by 5/10/2006; expert rebuttal reports due by 6/12/2006; discovery to be completed by 9/1/2006; plaintiffs' memorandum of contentions of fact and law and evidentiary motions due by 12/18/2006; defendant's memorandum of contentions of fact and law, responses to evidentiary motions, and evidentiary motions, due by 1/16/2007; plaintiffs' responses to evidentiary motions due by 1/29/2007. Final Pretrial Conference will be held on 2/5/2007, at 10:00 AM in National Courts Building. Trial to commence on 2/12/2007, at 09:30 AM in National Courts Building. Signed by Judge Charles F. Lettow. (gjc)
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                                                                                                                                                                                                                                                  Blank -- Filed: 6/28/2005, Entered: 6/29/2005 Set/Reset Deadlines:
                                                                                                                                                                                                                                                  Set/Reset Deadlines (jat, )
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                                                                                                                                                                                                                                                    Legal Document 64 Filed: 6/17/2005, Entered: 6/17/2005
                                                                                                                                                                                                                                                    JOINT STATUS REPORT by all parties. (Herzfeld, Daniel)
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                                                                                                                                                                                                                                                      Legal Document 63 Filed: 6/14/2005, Entered: 6/14/2005 Court Filing
                                                                                                                                                                                                                                                      ORDER granting [60] Motion for Extension of Time, and granting [62] Motion for Extension of Time. Joint status report due on 06/17/2005. Signed by Judge Charles F. Lettow. (gjc)
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                                                                                                                                                                                                                                                        Blank -- Filed: 6/14/2005, Entered: 6/15/2005 Set/Reset Deadlines:
                                                                                                                                                                                                                                                        Set/Reset Deadlines: Joint Status Report due by 6/17/2005. (jat, )
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                                                                                                                                                                                                                                                          Legal Document 62 Filed: 6/13/2005, Entered: 6/13/2005, Terminated: 6/14/2005 Motion for Extension of Time
                                                                                                                                                                                                                                                          Second MOTION for Extension of Time until 6/17/2005 to File The Parties' Joint Status Report filed by USA. Response due by 6/30/2005. (Lester, Harold)
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                                                                                                                                                                                                                                                            Legal Document 61 Filed: 6/9/2005, Entered: 6/9/2005
                                                                                                                                                                                                                                                            Plaintiffs' ANSWER to Counterclaim in Defendant's Answer to Plaintiffs' First Amended Complaint filed by Entergy Arkansas, Entergy Arkansas, SYSTEM FUELS, INC.. (Herzfeld, Daniel) Modified on 6/10/2005 to remove JPSR deadline (jat, ).
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                                                                                                                                                                                                                                                              Legal Document 60 Filed: 6/3/2005, Entered: 6/3/2005, Terminated: 6/14/2005 Motion for Extension of Time
                                                                                                                                                                                                                                                              Unopposed MOTION for Extension of Time until 6/13/2005 to File Status Report, As Required By The Court's April 20, 2005 Order filed by USA. Response due by 6/20/2005. (Lester, Harold)
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                                                                                                                                                                                                                                                                Legal Document 59 Filed: 5/27/2005, Entered: 5/27/2005
                                                                                                                                                                                                                                                                ANSWER to Amended Complaint Filed On May 13, 2005, Affirmative Defenses, COUNTERCLAIM against Entergy Arkansas filed by USA. (Lester, Harold) Modified on 6/2/2005 to remove JPSR due date. (dls).
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                                                                                                                                                                                                                                                                  Legal Document 58 Filed: 5/13/2005, Entered: 5/13/2005
                                                                                                                                                                                                                                                                  AMENDED COMPLAINT. (Chu, Jack)
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                                                                                                                                                                                                                                                                    Legal Document 57 Filed: 4/20/2005, Entered: 4/20/2005 Court Filing
                                                                                                                                                                                                                                                                    ORDER granting [14] Plaintiff's Motion for Partial Summary Judgment, granting [20] Defendant's Motion to Amend Answer - Rule 15(b), denying [21] Defendant's Motion for Summary Judgment and to Dismiss, and denying [23] Defendant's Cross-Motion for Summary Judgment. Plaintiff shall file an amended complaint on or before 05/16/2005. Joint Status Report due by 06/06/2005. Signed by Judge Charles F. Lettow. (gjc)
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                                                                                                                                                                                                                                                                      Blank -- Filed: 4/20/2005, Entered: 4/21/2005 Set/Reset Deadlines:
                                                                                                                                                                                                                                                                      Set/Reset Deadlines: Amended Complaint due by 5/16/2005. Joint Status Report due by 6/6/2005. (jat, )
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                                                                                                                                                                                                                                                                        Legal Document 56 Filed: 4/7/2005, Entered: 4/7/2005
                                                                                                                                                                                                                                                                        NOTICE of Change of Address by Jack Yee-Chieh Chu (Chu, Jack)
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                                                                                                                                                                                                                                                                          Legal Document 55 Filed: 3/18/2005, Entered: 3/22/2005 TranscriptCourt Filing
                                                                                                                                                                                                                                                                          TRANSCRIPT of Proceedings held on March 1, 2005 before Judge Lettow. (jat, )
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                                                                                                                                                                                                                                                                            Blank -- Filed: 3/16/2005, Entered: 3/16/2005
                                                                                                                                                                                                                                                                            Set/Reset Transcript Deadlines: Transcript due by 3/16/2005. (vp1, )
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                                                                                                                                                                                                                                                                              Legal Document 54 Filed: 1/28/2005, Entered: 1/28/2005 Court Filing
                                                                                                                                                                                                                                                                              ORDER granting [51] Motion for Leave to File Supplemental Brief. Signed by Judge Charles F. Lettow. (gjc)
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                                                                                                                                                                                                                                                                                Legal Document 53 Filed: 1/24/2005, Entered: 1/24/2005
                                                                                                                                                                                                                                                                                REPLY to Response to Motion re [51] MOTION for Leave to File Supplement of Plaintiff's Reply In Support Of Its Motion For Summary Judgment On Liability And Opposition To Defendant's Cross-Motion For Summary Judgment On Liability filed by SYSTEM FUELS, INC.. (Attachments: # (1) Exhibit 1 & 2)(Herzfeld, Daniel)
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                                                                                                                                                                                                                                                                                  Legal Document 52 Filed: 1/7/2005, Entered: 1/7/2005
                                                                                                                                                                                                                                                                                  RESPONSE to Plaintiff's Motion for Leave to Supplement filed by USA. (Attachments: # (1) Exhibit)(Snyder, Sharon)
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                                                                                                                                                                                                                                                                                    Legal Document 51 Filed: 12/21/2004, Entered: 12/21/2004, Terminated: 1/28/2005 Motion for Leave to File
                                                                                                                                                                                                                                                                                    MOTION for Leave to File Supplement of Plaintiff's Reply In Support Of Its Motion For Summary Judgment On Liability And Opposition To Defendant's Cross-Motion For Summary Judgment On Liability by SYSTEM FUELS, INC.. Response due by 1/7/2005 (Attachments: # (1) Exhibit A (Letter from Zabransky to Rives received 12/1/04))(Chu, Jack)
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                                                                                                                                                                                                                                                                                      Legal Document 50 Filed: 12/15/2004, Entered: 12/15/2004 Court Filing
                                                                                                                                                                                                                                                                                      ORDER Setting Hearing on [21] MOTION for Summary Judgment Upon Counts I And II Of Plaintiff's Complaint, And Motion To Dismiss Count III Of Plaintiff's Complaint, [23] CROSS MOTION to [14] Motion for Summary Judgment filed by SYSTEM FUELS, INC., [14] MOTION for Summary Judgment On Liability. Motion Hearing set for 3/1/2005, 10:00 AM in National Courts Building before Judge Charles F. Lettow. Signed by Judge Charles F. Lettow. (gjc)
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                                                                                                                                                                                                                                                                                        Legal Document 49 Filed: 12/10/2004, Entered: 12/10/2004 Court Filing
                                                                                                                                                                                                                                                                                        ORDER granting [47] Motion for Extension of Time to File Reply. Defendant shall file its reply on or before December 8, 2004. Signed by Judge Charles F. Lettow. (gjc)
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                                                                                                                                                                                                                                                                                          Blank -- Filed: 12/10/2004, Entered: 12/14/2004 Set Deadlines/Hearings:
                                                                                                                                                                                                                                                                                          Set Deadlines/Hearings: Reply due by 12/8/2004. (dw1)
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                                                                                                                                                                                                                                                                                            Legal Document 48 Filed: 12/8/2004, Entered: 12/8/2004
                                                                                                                                                                                                                                                                                            REPLY to Response to Motion re [21] MOTION for Summary Judgment Upon Counts I And II Of Plaintiff's Complaint, And Motion To Dismiss Count III Of Plaintiff's Complaint filed by USA. (Attachments: # (1) # (2) # (3))(Lester, Harold)
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                                                                                                                                                                                                                                                                                              Legal Document 47 Filed: 12/7/2004, Entered: 12/7/2004, Terminated: 12/10/2004 Motion for Extension of Time to File Response/Repl
                                                                                                                                                                                                                                                                                              Consent MOTION for Extension of Time to File Reply to [31] Response to Motion, (until 12/8/04) by USA. Response due by 12/27/2004 (Lester, Harold) Modified on 12/9/2004 for clarity (dw1).
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                                                                                                                                                                                                                                                                                                Legal Document 46 Filed: 12/7/2004, Entered: 12/7/2004
                                                                                                                                                                                                                                                                                                REPLY to Response to Motion re [23] CROSS MOTION to [14] Motion for Summary Judgment filed by SYSTEM FUELS, INC. filed by USA. (Attachments: # (1) # (2) # (3) # (4) # (5) # (6) # (7) # (8))(Lester, Harold)
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                                                                                                                                                                                                                                                                                                  Legal Document 45 Filed: 12/3/2004, Entered: 12/3/2004 Court Filing
                                                                                                                                                                                                                                                                                                  ORDER granting [44] Motion for Extension of Time to File Response/Reply. Replies due by 12/7/2004. Signed by Judge Charles F. Lettow. (gjc)
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                                                                                                                                                                                                                                                                                                    Legal Document 44 Filed: 12/1/2004, Entered: 12/1/2004, Terminated: 12/3/2004 Motion for Extension of Time to File Response/Repl
                                                                                                                                                                                                                                                                                                    UNOPPOSED MOTION for Extension of Time to File Reply to [31] Pltf's Response to Dft's Motion for Summary Judgment Upon Counts I and II of PLtf's Complaint and to Dismiss Count III of Pltf's Complaint, and Reply to [32] Pltf's Response to Dft's Cross Motion for Summary Judgment Regarding Liability, by USA. Response due by 12/20/2004. (Lester, Harold) Modified on 12/2/2004 to clarify docket text (jcp, ).
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                                                                                                                                                                                                                                                                                                      Legal Document 43 Filed: 10/28/2004, Entered: 10/28/2004 Court Filing
                                                                                                                                                                                                                                                                                                      ORDER granting in part [26] Motion for an E-mail Preservation Order. Signed by Judge Charles F. Lettow. (gjc)
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                                                                                                                                                                                                                                                                                                        Legal Document 42 Filed: 10/28/2004, Entered: 10/28/2004 Court Filing
                                                                                                                                                                                                                                                                                                        ORDER granting [26] Motion for Protective Order. Signed by Judge Charles F. Lettow. (gjc)
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                                                                                                                                                                                                                                                                                                          Legal Document 41 Filed: 10/4/2004, Entered: 10/4/2004 Court Filing
                                                                                                                                                                                                                                                                                                          ORDER granting defendant's Motion for Enlargement of Time to file replies in support of its cross-motion for summary judgment on liability and its motion for summary judgment on Counts I and II of complaint and to dismiss Count III. Defendant must file its replies on or before 12/02/2004. Signed by Judge Charles F. Lettow. (gjc)
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                                                                                                                                                                                                                                                                                                            Blank -- Filed: 10/4/2004, Entered: 10/4/2004
                                                                                                                                                                                                                                                                                                            Set Deadlines/Hearings: Reply due by 12/2/2004. (dw1)
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                                                                                                                                                                                                                                                                                                              Legal Document 40 Filed: 9/30/2004, Entered: 9/30/2004, Terminated: 10/4/2004 Motion for Extension of Time to File Response/Repl
                                                                                                                                                                                                                                                                                                              Consent MOTION for Extension of Time to File Reply to [31] Response to Motion and response to [23] cross-motion for summary judgment (until 10/29/2004) by USA. Response due by 10/18/2004 (Lester, Harold) Modified on 10/1/2004 for clarity (dw1).
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                                                                                                                                                                                                                                                                                                                Legal Document 39 Filed: 9/22/2004, Entered: 9/22/2004
                                                                                                                                                                                                                                                                                                                NOTICE of Filing Appendix to Pltf's Reply in Support of Its Motion for Summary Judgment on Liability and Response in Opposition to Dft's Cross Motion for Summary Judgment on Liability by SYSTEM FUELS, INC. Pursuant to [37] Order on Motion for Leave to File Appendix (Attachments: # (1) Appendix Part I - Pages 1-49# (2) Appendix Part II - Pages 50-99# (3) Appendix Part III - Pages 100-147)(Herzfeld, Daniel) Modified on 9/23/2004 to add clarifying text and to create docket entry relationship to reply (jcp, ).
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                                                                                                                                                                                                                                                                                                                  Legal Document 38 Filed: 9/20/2004, Entered: 9/20/2004
                                                                                                                                                                                                                                                                                                                  RESPONSE to [22] PROPOSED FINDINGS of Uncontroverted Fact by SYSTEM FUELS, INC. filed by SYSTEM FUELS, INC.. (Chu, Jack)
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                                                                                                                                                                                                                                                                                                                    Legal Document 37 Filed: 9/15/2004, Entered: 9/15/2004 Court Filing
                                                                                                                                                                                                                                                                                                                    ORDER granting Motion for Leave to File Appendix Using Electronic Files Exceeding 1 Megabyte. Signed by Judge Charles F. Lettow. (bjw)
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                                                                                                                                                                                                                                                                                                                      Legal Document 36 Filed: 9/15/2004, Entered: 9/15/2004 Court Filing
                                                                                                                                                                                                                                                                                                                      ORDER granting Motion for Extension of Time to File Response. Response due by 9/20/2004. Signed by Judge Charles F. Lettow. (bjw)
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                                                                                                                                                                                                                                                                                                                        Legal Document 35 Filed: 9/13/2004, Entered: 9/13/2004, Terminated: 9/15/2004 Motion for Extension of Time to File Response/Repl
                                                                                                                                                                                                                                                                                                                        MOTION for Extension of Time to File Response to [22] Proposed Findings of Uncontroverted Fact by SYSTEM FUELS, INC.. Response due by 9/30/2004 (Herzfeld, Daniel) Modified on 9/14/2004 for clarity (dw1).
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                                                                                                                                                                                                                                                                                                                          Legal Document 34 Filed: 9/13/2004, Entered: 9/13/2004, Terminated: 9/15/2004 Motion for Leave to File
                                                                                                                                                                                                                                                                                                                          MOTION for Leave to File Appendix Using Electronic Files Exceeding 1 Megabyte by SYSTEM FUELS, INC.. Response due by 9/30/2004 (Attachments: # (1) Appendix Part I - Pages 1-49# (2) Appendix Part II - pp 50 -99# (3) Appendix Part III - pp100-147)(Herzfeld, Daniel)
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                                                                                                                                                                                                                                                                                                                            Legal Document 33 Filed: 9/13/2004, Entered: 9/13/2004
                                                                                                                                                                                                                                                                                                                            RESPONSE to [25] PROPOSED FINDINGS of Uncontroverted Fact by SYSTEM FUELS, INC. filed by SYSTEM FUELS, INC.. (Herzfeld, Daniel)
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                                                                                                                                                                                                                                                                                                                              Legal Document 32 Filed: 9/13/2004, Entered: 9/13/2004
                                                                                                                                                                                                                                                                                                                              REPLY to Response to Motion re [23] CROSS MOTION to [14] Motion for Summary Judgment filed by SYSTEM FUELS, INC. filed by SYSTEM FUELS, INC.. (Herzfeld, Daniel)
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                                                                                                                                                                                                                                                                                                                                Legal Document 31 Filed: 9/13/2004, Entered: 9/13/2004
                                                                                                                                                                                                                                                                                                                                RESPONSE to [21] MOTION for Summary Judgment Upon Counts I And II Of Plaintiff's Complaint, And Motion To Dismiss Count III Of Plaintiff's Complaint filed by SYSTEM FUELS, INC.. Reply due by 9/27/2004. (Attachments: # (1) Exhibit A# (2) Exhibit B# (3) Exhibit C)(Herzfeld, Daniel)
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                                                                                                                                                                                                                                                                                                                                  Legal Document 30 Filed: 8/30/2004, Entered: 8/30/2004
                                                                                                                                                                                                                                                                                                                                  RESPONSE to [26] MOTION for Protective Order and E-Mail Preservation Order filed by USA. Reply due by 9/13/2004. (Lester, Harold)
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                                                                                                                                                                                                                                                                                                                                    Legal Document 29 Filed: 8/30/2004, Entered: 8/30/2004 Court Filing
                                                                                                                                                                                                                                                                                                                                    ORDER granting [28] Motion for Extension of Time to File Response to [21] Motion for Summary Judgment. Response due by September 13, 2004. Signed by Judge Charles F. Lettow. (bjw) Modified on 8/30/2004 for clarity (dw1, ).
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                                                                                                                                                                                                                                                                                                                                      Blank -- Filed: 8/30/2004, Entered: 8/30/2004
                                                                                                                                                                                                                                                                                                                                      Set Deadlines/Hearings: Response due by 9/13/2004. (dw1)
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                                                                                                                                                                                                                                                                                                                                        Legal Document 28 Filed: 8/27/2004, Entered: 8/27/2004, Terminated: 8/30/2004 Motion for Extension of Time to File Response/Repl
                                                                                                                                                                                                                                                                                                                                        Consent MOTION for Extension of Time to File Response to [22] Proposed Findings of Uncontroverted Fact, [23] CROSS MOTION to [14] Motion for Summary Judgment filed by SYSTEM FUELS, INC., [21] MOTION for Summary Judgment Upon Counts I And II Of Plaintiff's Complaint, And Motion To Dismiss Count III Of Plaintiff's Complaint by SYSTEM FUELS, INC.. Response due by 9/13/2004 (Herzfeld, Daniel) Modified on 8/27/2004 for clarity (dw1).
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                                                                                                                                                                                                                                                                                                                                          Legal Document 27 Filed: 8/19/2004, Entered: 8/19/2004
                                                                                                                                                                                                                                                                                                                                          Plaintiff's Reply/ ANSWER to [7] Answer and Counterclaims (As Amended by Defendant) by SYSTEM FUELS, INC.. JPSR due by 10/12/2004.(Chu, Jack)
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                                                                                                                                                                                                                                                                                                                                            Legal Document 26 Filed: 8/12/2004, Entered: 8/12/2004, Terminated: 10/28/2004 Motion for Protective Order
                                                                                                                                                                                                                                                                                                                                            MOTION for Protective Order and E-Mail Preservation Order by SYSTEM FUELS, INC.. Response due by 8/30/2004 (Attachments: # (1) Exhibit Exhibit 1 - Proposed Agreement and Protective Order# (2) Exhibit Exhibit 2 - Proposed E-Mail Preservation Order# (3) Exhibit Exhibit 3 - Joint Status Report in Detroit Edison Co. v. United States)(Herzfeld, Daniel)
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                                                                                                                                                                                                                                                                                                                                              Legal Document 25 Filed: 7/29/2004, Entered: 7/29/2004
                                                                                                                                                                                                                                                                                                                                              PROPOSED FINDINGS of Uncontroverted Fact by USA. (Lester, Harold)
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                                                                                                                                                                                                                                                                                                                                                Legal Document 24 Filed: 7/29/2004, Entered: 7/29/2004
                                                                                                                                                                                                                                                                                                                                                RESPONSE to [15] PROPOSED FINDINGS of Uncontroverted Fact by USA. (Lester, Harold)
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                                                                                                                                                                                                                                                                                                                                                  Legal Document 23 Filed: 7/29/2004, Entered: 7/29/2004, Terminated: 4/20/2005 Cross Motion [Dispositive]
                                                                                                                                                                                                                                                                                                                                                  CROSS MOTION to [14] Motion for Summary Judgment filed by SYSTEM FUELS, INC. by USA. Response due by 8/30/2004 (Attachments: # (1) # (2) # (3) # (4) # (5) # (6) # (7) # (8) # (9) # (10) # (11) # (12) # (13) # (14) # (15) # (16) # (17) # (18) # (19) # (20) # (21) # (22) # (23) # (24) # (25) # (26) # (27) # (28) # (29) # (30) # (31) # (32) # (33) # (34) # (35) # (36) # (37) # (38) # (39))(Lester, Harold)
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                                                                                                                                                                                                                                                                                                                                                  Legal Document 22 Filed: 7/28/2004, Entered: 7/28/2004
                                                                                                                                                                                                                                                                                                                                                  PROPOSED FINDINGS of Uncontroverted Fact by USA. (Lester, Harold)
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                                                                                                                                                                                                                                                                                                                                                    Legal Document 21 Filed: 7/28/2004, Entered: 7/28/2004, Terminated: 4/20/2005 Motion for Summary Judgment
                                                                                                                                                                                                                                                                                                                                                    MOTION for Summary Judgment Upon Counts I And II Of Plaintiff's Complaint, And Motion To Dismiss Count III Of Plaintiff's Complaint by USA. Response due by 8/30/2004 (Attachments: # (1) # (2) # (3) # (4) # (5))(Lester, Harold)
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                                                                                                                                                                                                                                                                                                                                                      Legal Document 20 Filed: 7/27/2004, Entered: 7/27/2004, Terminated: 4/20/2005 Motion to Amend Pleadings - Rule 15
                                                                                                                                                                                                                                                                                                                                                      MOTION to Amend Pleadings - Rule 15 [7] Answer by USA. Response due by 8/13/2004 (Attachments: # (1))(Lester, Harold)
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                                                                                                                                                                                                                                                                                                                                                        Legal Document 19 Filed: 7/21/2004, Entered: 7/21/2004 Court Filing
                                                                                                                                                                                                                                                                                                                                                        ORDER granting [18] Motion for Extension of Time to File Response/Reply re [14] MOTION for Summary Judgment On Liability. Response due by 7/29/2004. Signed by Judge Charles F. Lettow. (lcd, )
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                                                                                                                                                                                                                                                                                                                                                          Legal Document 18 Filed: 7/19/2004, Entered: 7/19/2004, Terminated: 7/21/2004 Motion for Extension of Time to File Response/Repl
                                                                                                                                                                                                                                                                                                                                                          Consent MOTION for Extension of Time to File Response to [14] MOTION for Summary Judgment On Liability, (until 7/29/04) by USA. Response due by 8/5/2004. (Lester, Harold) Modified on 7/19/2004 for clarity (dw1).
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                                                                                                                                                                                                                                                                                                                                                            Legal Document 17 Filed: 6/29/2004, Entered: 6/29/2004 Court Filing
                                                                                                                                                                                                                                                                                                                                                            ORDER granting [16] defendant's Motion for Extension of Time to File Response re [14] plaintiff's MOTION for Summary Judgment On Liability. Defendant's Response to [14] plaintiff's motion for summary judgment due by 7/19/2004. Signed by Judge Charles F. Lettow. (lcd, ) Modified on 6/30/2004 for clarity (dw1).
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                                                                                                                                                                                                                                                                                                                                                              Legal Document 16 Filed: 6/25/2004, Entered: 6/25/2004, Terminated: 6/29/2004 Motion for Extension of Time to File Response/Repl
                                                                                                                                                                                                                                                                                                                                                              Consent MOTION for Extension of Time to File Response to [14] MOTION for Summary Judgment On Liability,until 7/19/2004, by USA. Response due by 7/12/2004 (Lester, Harold) Modified on 6/28/2004 for clarity (dw1).
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                                                                                                                                                                                                                                                                                                                                                                Legal Document 15 Filed: 5/28/2004, Entered: 5/28/2004
                                                                                                                                                                                                                                                                                                                                                                PROPOSED FINDINGS of Uncontroverted Fact In Support Of Its Motion For Summary Judgment On Liability by SYSTEM FUELS, INC.. (Chu, Jack)
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                                                                                                                                                                                                                                                                                                                                                                  Legal Document 14 Filed: 5/28/2004, Entered: 5/28/2004, Terminated: 4/20/2005 Motion for Summary Judgment
                                                                                                                                                                                                                                                                                                                                                                  MOTION for Summary Judgment On Liability by SYSTEM FUELS, INC.. Response due by 6/28/2004 (Chu, Jack)
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                                                                                                                                                                                                                                                                                                                                                                    Legal Document 13 Filed: 5/7/2004, Entered: 5/7/2004 Court Filing
                                                                                                                                                                                                                                                                                                                                                                    JOINT PRELIMINARY STATUS REPORT. (Attachments: # (1) Exhibit A (Chief Judge Damich Order))(Chu, Jack)
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                                                                                                                                                                                                                                                                                                                                                                      Legal Document 12 Filed: 4/23/2004, Entered: 4/23/2004
                                                                                                                                                                                                                                                                                                                                                                      RESPONSE to [8] Order regarding pre-discovery conference to be convened on April 30, 2004 filed by USA. (Attachments: # (1) # (2) # (3))(Lester, Harold)
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                                                                                                                                                                                                                                                                                                                                                                      Legal Document 11 Filed: 4/23/2004, Entered: 4/23/2004
                                                                                                                                                                                                                                                                                                                                                                      STATUS REPORT by SYSTEM FUELS, INC.. (Herzfeld, Daniel)
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                                                                                                                                                                                                                                                                                                                                                                        Legal Document 10 Filed: 4/20/2004, Entered: 4/20/2004 Court Filing
                                                                                                                                                                                                                                                                                                                                                                        ORDER granting [9] Motion for Extension of Time. JPSR due by 5/7/2004. Signed by Judge Charles F. Lettow. (lcd, ) Modified on 4/20/2004 for punctuation (dw1).
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                                                                                                                                                                                                                                                                                                                                                                          Legal Document 9 Filed: 4/15/2004, Entered: 4/15/2004, Terminated: 4/20/2004 Motion for Extension of Time
                                                                                                                                                                                                                                                                                                                                                                          Joint MOTION for Extension of Time until 05/07/2004 to file Joint Preliminary Status Report by SYSTEM FUELS, INC., USA. Response due by 5/3/2004 (Herzfeld, Daniel)
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                                                                                                                                                                                                                                                                                                                                                                            Blank -- Filed: 4/14/2004, Entered: 4/14/2004
                                                                                                                                                                                                                                                                                                                                                                            ORDER re [8] Order - The Order for Prediscovery Conference in New SNF Cases entered on April 12, 2004, indicated the incorrect filing date in the text of the Order. That Order is amended to indicate that it was filed on April 12, 2004. Signed by Judge Charles F. Lettow. (lcd, )
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                                                                                                                                                                                                                                                                                                                                                                              Legal Document 8 Filed: 4/12/2004, Entered: 4/12/2004 Court Filing
                                                                                                                                                                                                                                                                                                                                                                              ORDER for pre-discovery conference in new SNF cases. Pre-discovery conference scheduled for April 30, 2004. Reports to be submitted as set forth in Order on or before April 23, 2004. Signed by Judge Charles F. Lettow. (lcd, )
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                                                                                                                                                                                                                                                                                                                                                                                Legal Document 7 Filed: 2/23/2004, Entered: 2/23/2004
                                                                                                                                                                                                                                                                                                                                                                                Defendant's ANSWER to [1] Complaint by USA. JPSR due by 4/15/2004.(Lester, Harold)
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                                                                                                                                                                                                                                                                                                                                                                                  Legal Document 6 Filed: 1/30/2004, Entered: 1/30/2004 Court Filing
                                                                                                                                                                                                                                                                                                                                                                                  ORDER denying [5] Motion to Stay. Response to Complaint to be filed on or before February 23, 2004. Signed by Judge Charles F. Lettow. (lcd, )
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                                                                                                                                                                                                                                                                                                                                                                                    Blank -- Filed: 1/30/2004, Entered: 1/30/2004
                                                                                                                                                                                                                                                                                                                                                                                    Set/Reset Deadlines: Answer Due by 2/23/2004. (jcp, )
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                                                                                                                                                                                                                                                                                                                                                                                      Legal Document 5 Filed: 1/5/2004, Entered: 1/5/2004, Terminated: 1/30/2004 Motion to Stay
                                                                                                                                                                                                                                                                                                                                                                                      MOTION to Stay Proceedings (Unopposed) by USA. Response due by 1/22/2004 (Attachments: # (1) Attachment)(Lester, Harold)
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                                                                                                                                                                                                                                                                                                                                                                                        Legal Document 4 Filed: 1/5/2004, Entered: 1/5/2004
                                                                                                                                                                                                                                                                                                                                                                                        NOTICE of Appearance by Harold Dewitt Lester Jr. for USA. (Lester, Harold)
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                                                                                                                                                                                                                                                                                                                                                                                          Legal Document 3 Filed: 11/5/2003, Entered: 11/10/2003 Notice of Designation of Electronic Case
                                                                                                                                                                                                                                                                                                                                                                                          NOTICE of Designation of Electronic Case. (jat, )
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                                                                                                                                                                                                                                                                                                                                                                                            Legal Document 2 Filed: 11/5/2003, Entered: 11/10/2003 Case Assigned/ReassignedCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                            Case Assigned to Judge Charles F. Lettow. (jat, )
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                                                                                                                                                                                                                                                                                                                                                                                              Legal Document 1 Filed: 11/5/2003, Entered: 11/7/2003 Complaint
                                                                                                                                                                                                                                                                                                                                                                                              COMPLAINT against USA (DOE) ( Filing fee $150, Receipt number 059086), filed by SYSTEM FUELS, INC..Answer Due by 1/4/2004. (Attachments: # (1) Civil Cover Sheet # (2) Corporate Disclosure Statement)(jat, ) Modified on 11/7/2003 (jat, ).
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