CANAL ELECTRIC COMPANY v. USA
Federal Civil Lawsuit United States Court of Federal Claims, Case No. 1:04-cv-00035-RHH
District Judge Robert H. Hodges, Jr., presiding

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No Logo CANAL ELECTRIC COMPANY, Plaintiff

Toggle Switch Represented by Dickstein Shapiro LLP

Name Phone Fax E-Mail
Space Richard J. Conway +1 202 420 2235 conwayr@dicksteinshapiro.com
v.
United States of America United States of America, Defendant
Officially listed as "USA"

Toggle Switch Represented by United States Department of Justice

Name Phone Fax E-Mail
Space John Clifford Ekman +1 202 353 0897 +1 202 307 2503 john.ekman@usdoj.gov
Office COFC
Filed 1/13/2004
Jury Demand None
Demand $0
Nature of Suit 536 - Spent Nuclear Fuel
Cause Section 28 U.S.C. § 1491 Tucker Act
Jurisdiction U.S. Government Defendant
Disposition
County None
Terminated
Origin 1
Reopened None
Lead Case None
Related Case
Other Court Case None
Def Custody Status
Flags ECF, SNF
  Entries (75) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document 67 Filed: 9/8/2008, Entered: 9/8/2008
RESPONSE to [66] MOTION To Coordinate Discovery And Develop A Litigation Plan For The Spent Nuclear Fuel Cases, filed by CANAL ELECTRIC COMPANY.Reply due by 9/22/2008. (Conway, Richard)
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    Legal Document 66 Filed: 8/21/2008, Entered: 8/21/2008
    MOTION To Coordinate Discovery And Develop A Litigation Plan For The Spent Nuclear Fuel Cases, filed by USA.Response due by 9/8/2008.(Sullivan, Marian)
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      Legal Document 65 Filed: 6/15/2006, Entered: 6/15/2006
      NOTICE of Change of Address by Richard J. Conway (Conway, Richard)
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        Legal Document 64 Filed: 10/20/2005, Entered: 10/20/2005 Court Filing
        ORDER denying [63] Motion to Stay until the Court resolves whether it will enter a final judgment upon the dismissal of plaintiff's takings claim. Discovery will continue no longer than four months or until the Government will have taken a position on the assignment of claims. This case is stayed until further notice. Signed by Judge Robert H. Hodges Jr. (swf, )
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          Legal Document 63 Filed: 10/6/2005, Entered: 10/6/2005, Terminated: 10/20/2005 Motion to Stay
          Joint MOTION to Stay Filing Of Joint Preliminary Status Report filed by USA. Response due by 10/24/2005. (Gardner, Joshua)
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            Legal Document 62 Filed: 8/18/2005, Entered: 8/18/2005
            ANSWER to [32] Amended Complaint filed by USA. JPSR due by 10/11/2005.(Gardner, Joshua)
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              Legal Document 61 Filed: 7/19/2005, Entered: 7/19/2005 Court Filing
              ORDER The Government is to file an Answer to plaintiff's Amended Complaint no later than 8/19/2005. Signed by Judge Robert H. Hodges Jr. (swf, )
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                Legal Document 60 Filed: 7/14/2005, Entered: 7/14/2005
                RESPONSE to [56] Order filed by CANAL ELECTRIC COMPANY. (Conway, Richard)
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                  Legal Document 59 Filed: 7/8/2005, Entered: 7/8/2005 Court Filing
                  ORDER granting [58] Motion for Extension of Time. Notice of Compliance due by 7/14/2005. Signed by Judge Robert H. Hodges Jr. (swf, )
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                    Legal Document 58 Filed: 7/8/2005, Entered: 7/8/2005, Terminated: 7/8/2005 Motion for Extension of Time
                    Consent MOTION for Extension of Time until July 14, 2005 to Respond to the Court's July 6, 2005 Order filed by CANAL ELECTRIC COMPANY. Response due by 7/25/2005. (Conway, Richard)
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                      Legal Document 57 Filed: 7/7/2005, Entered: 7/7/2005
                      NOTICE by CANAL ELECTRIC COMPANY Regarding June 28, 2005 Hearing Transcript in Delmarva Power & Light Co. (Attachments: # (1) Supplement)(Conway, Richard)
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                        Legal Document 56 Filed: 7/6/2005, Entered: 7/6/2005 Court Filing
                        ORDER - We ask that plaintiff address the possibility of our entering judgment on partial findings. Plaintiff should respond no later than July 11 or request a telephone status conference. Signed by Judge Robert H. Hodges Jr. (swf, )
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                          Blank -- Filed: 7/6/2005, Entered: 7/6/2005
                          Set/Reset Deadlines: Notice of Compliance due by 7/11/2005. (jat, )
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                            Legal Document 55 Filed: 7/1/2005, Entered: 7/1/2005
                            NOTICE by CANAL ELECTRIC COMPANY re [51] Published Opinion and Certificate of Compliance related thereto (Attachments: # (1) Supplement Memorandum Opinion and Order in Delmarva Power and Light)(Conway, Richard)
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                              Legal Document 54 Filed: 7/1/2005, Entered: 7/1/2005
                              RESPONSE to [51] Published Opinion filed by USA. (Herrmann, Heide)
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                                Legal Document 53 Filed: 6/16/2005, Entered: 6/16/2005 Court Filing
                                ORDER granting [52] Motion for Extension of Time to 7/1/2005 GRANTED. Signed by Judge Robert H. Hodges Jr. (swf, )
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                                  Legal Document 52 Filed: 6/16/2005, Entered: 6/16/2005, Terminated: 6/16/2005 Motion for Extension of Time
                                  Consent MOTION for Extension of Time until July 1, 2005 to Respond to the Court's June 9, 2005 Opinion and Order requesting that counsel advise the Court no later than June 17 regarding how it proposed to proceed in light of the Court's ruling. filed by CANAL ELECTRIC COMPANY. Response due by 7/5/2005. (Conway, Richard)
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                                    Legal Document 51 Filed: 6/9/2005, Entered: 6/9/2005 Court Filing
                                    PUBLISHED OPINION AND ORDER Notice of Compliance due by 6/17/2005. Signed by Judge Robert H. Hodges Jr. (swf, )
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                                      Legal Document 50 Filed: 5/17/2005, Entered: 5/17/2005
                                      NOTICE of Additional Authority by CANAL ELECTRIC COMPANY (Attachments: # (1) Exhibit Rochester Gas and Electric Corp. Opinion and Order)(Conway, Richard)
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                                        Legal Document 49 Filed: 5/17/2005, Entered: 5/17/2005
                                        NOTICE of Additional Authority by USA (Attachments: # (1))(Ekman, John)
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                                          Legal Document 48 Filed: 4/25/2005, Entered: 4/25/2005
                                          NOTICE of Additional Authority by CANAL ELECTRIC COMPANY (Conway, Richard)
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                                            Legal Document 47 Filed: 3/23/2005, Entered: 3/23/2005
                                            RESPONSE to [43] Order, dated February 3, 2005 filed by USA. (Ekman, John)
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                                              Legal Document 46 Filed: 3/17/2005, Entered: 3/17/2005 Court Filing
                                              ORDER granting [45] Motion for Extension of Time - Response due by 3/23/2005.Signed by Judge Robert H. Hodges Jr. (swf, )
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                                                Legal Document 45 Filed: 3/17/2005, Entered: 3/17/2005, Terminated: 3/17/2005 Motion for Extension of Time
                                                Unopposed MOTION for Extension of Time until March 23, 2005 to Respond to Court's February 3, 2005, order filed by USA. Response due by 4/4/2005 (Ekman, John)
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                                                  Legal Document 44 Filed: 2/28/2005, Entered: 2/28/2005
                                                  RESPONSE to [43] Order, filed by CANAL ELECTRIC COMPANY. (Attachments: # (1) Index to Exhibits# (2) Exhibit 1 - Boston Edison Order# (3) Exhibit 2 - Delmarva Order# (4) Exhibit 3 - Atlantic Order)(Conway, Richard)
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                                                  Blank -- Filed: 2/24/2005, Entered: 2/24/2005
                                                  Set/Reset Transcript Deadlines: Transcript due by 2/14/2005. (vp1, )
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                                                    Legal Document 43 Filed: 2/3/2005, Entered: 2/3/2005 Court Filing
                                                    ORDER - A review of the parties' briefs and the hearing transcript leaves questions concerning the merits of plaintiff's case and defendant's motion. For these reasons, we ask that counsel clarify their positions, as follows -(see Order) Plaintiff's response is due February 28. Defendant's response is due March 18. Signed by Judge Robert H. Hodges Jr. (swf, )
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                                                      Blank -- Filed: 2/3/2005, Entered: 2/8/2005 Set/Reset Deadlines:
                                                      Set/Reset Deadlines: Plaintiff's Brief due by 2/28/2005 and Defendant Brief due by 3/18/2005. (jat, )
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                                                        Legal Document 42 Filed: 1/31/2005, Entered: 1/31/2005
                                                        RESPONSE to Plaintiff's Notice of Additional Authority filed by USA. (Ekman, John)
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                                                          Legal Document 40 Filed: 1/19/2005, Entered: 1/19/2005
                                                          NOTICE of Additional Authority by CANAL ELECTRIC COMPANY (Attachments: # (1))(Conway, Richard)
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                                                            Legal Document 41 Filed: 1/18/2005, Entered: 1/21/2005 TranscriptCourt Filing
                                                            TRANSCRIPT of Proceedings held on 1/13/05 before Judge Robert H. Hodges, Jr.. (eph, )
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                                                              Legal Document 39 Filed: 1/10/2005, Entered: 1/10/2005
                                                              REPLY to Response to Motion re [33] MOTION to Transfer and Consolidate by Canal Electric Company and FPL Energy Seabrook filed by USA. (Ekman, John)
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                                                                Legal Document 38 Filed: 12/28/2004, Entered: 12/28/2004
                                                                MOTION for Leave to File Corrected Response to Defendant's Motion to Transfer and Consolidate in Accordance with RCFC 40.2(a)(3) and 42.1 by FPL ENERGY SEABROOK, LLC. Response due by 1/14/2005 (Attachments: # (1) Attachment 1 - Corrected Response Brief# (2) Attachment 2 - Purchase and Sale Agreement Between, Inter Alia, Canal Electric and FPL Energy Seabrook (Excerpts) (Apr. 13, 2002) (Attachment 1 to Corrected Brief)# (3) Attachment 3 - 11/19/2002 Letter from FPL Energy Seabrook to Department of Energy (Attachment 2 to Corrected Brief))(Herzfeld, Daniel)
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                                                                  Legal Document 37 Filed: 12/27/2004, Entered: 12/27/2004
                                                                  RESPONSE to [33] MOTION to Transfer and Consolidate filed by CANAL ELECTRIC COMPANY. Reply due by 1/10/2005. (Conway, Richard)
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                                                                    Legal Document 36 Filed: 12/27/2004, Entered: 12/27/2004
                                                                    RESPONSE to [33] MOTION to Transfer and Consolidate IN ACCORDANCE WITH RCFC 40.2(a)(3) AND 42.1 filed by FPL ENERGY SEABROOK, LLC. Reply due by 1/10/2005. (Chu, Jack)
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                                                                      Legal Document 35 Filed: 12/20/2004, Entered: 12/20/2004 Court Filing
                                                                      ORDER granting [34] defendant's Motion to suspend its response to plaintiff's amended complaint. Counsel will contact Ms. Foose as soon as possible to schedule a hearing no later than Janaury 13. Signed by Judge Robert H. Hodges Jr. (swf, )
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                                                                        Legal Document 34 Filed: 12/16/2004, Entered: 12/16/2004, Terminated: 12/20/2004 Motion to Stay
                                                                        MOTION to Stay Defendant's Response to Plaintiff's Amended Complaint by USA. Response due by 1/3/2005 (Ekman, John)
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                                                                          Legal Document 33 Filed: 12/9/2004, Entered: 12/9/2004, Terminated: 7/27/2005 Motion to Transfer
                                                                          MOTION to Transfer and Consolidate by USA. Response due by 12/27/2004 (Ekman, John)
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                                                                            Legal Document 32 Filed: 12/9/2004, Entered: 12/9/2004
                                                                            AMENDED COMPLAINT. (Conway, Richard)
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                                                                              Legal Document 31 Filed: 12/8/2004, Entered: 12/8/2004 Court Filing
                                                                              ORDER - The court directs defendant to resubmit its motion to transfer and consolidate. Once filed properly, the motion will be noted as a separate docket entry. Signed by Judge Robert H. Hodges Jr. (swf, )
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                                                                                Legal Document 30 Filed: 11/24/2004, Entered: 11/24/2004
                                                                                NOTICE of Directly Related Case(s) [04-0088] by USA , Response to "Plaintiff's Notice of Related Case," and Motion to Transfer and Consolidate. (Ekman, John)
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                                                                                  Legal Document 29 Filed: 11/10/2004, Entered: 11/10/2004
                                                                                  NOTICE by CANAL ELECTRIC COMPANY of Related Case(s) (Conway, Richard)
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                                                                                    Legal Document 28 Filed: 9/29/2004, Entered: 9/29/2004 Court Filing
                                                                                    ORDER granting [26] Motion for Extension of Time to File Reply. Signed by Judge Robert H. Hodges Jr. (swf, ) Modified on 9/30/2004 for clarity (dw1).
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                                                                                      Legal Document 27 Filed: 9/24/2004, Entered: 9/24/2004
                                                                                      REPLY to Response to Motion re [16] MOTION to Dismiss pursuant to Rule 12(b)(6) filed by USA. (Attachments: # (1) # (2))(Lester, Harold)
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                                                                                        Legal Document 26 Filed: 9/23/2004, Entered: 9/23/2004, Terminated: 9/29/2004 Motion for Extension of Time to File Response/Repl
                                                                                        Second MOTION for Extension of Time to File Reply to [21] Response to Motion to Dismiss by USA. Response due by 10/12/2004. (Ekman, John) Modified on 9/24/2004 for clarity (dw1).
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                                                                                          Legal Document 25 Filed: 9/17/2004, Entered: 9/17/2004
                                                                                          NOTICE of Additional Authority by CANAL ELECTRIC COMPANY (Attachments: # (1) Exhibit SMUD Decision)(Conway, Richard)
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                                                                                            Legal Document 24 Filed: 8/17/2004, Entered: 8/17/2004 Court Filing
                                                                                            ORDER granting [23] Motion to Amend/Correct and granting extension. Signed by Judge Robert H. Hodges Jr. (swf, )
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                                                                                              Blank -- Filed: 8/17/2004, Entered: 8/18/2004 Set/Reset Deadlines:
                                                                                              Set/Reset Deadlines: Reply due by 9/23/2004. (jcp, )
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                                                                                                Legal Document 23 Filed: 8/15/2004, Entered: 8/15/2004, Terminated: 8/17/2004 Motion to Amend/Correct
                                                                                                MOTION for Leave to File a Corrected [22] UNOPPOSED MOTION for Extension of Time to File Reply to [21] Response to Motion To Dismiss , And Defendant's Corrected Unopposed Motion For An Enlargement Of Time, by USA. Response due by 9/1/2004 (Lester, Harold) Modified on 8/16/2004 to add clarification (jcp, ).
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                                                                                                  Legal Document 22 Filed: 8/13/2004, Entered: 8/13/2004, Terminated: 10/5/2004 Motion for Extension of Time to File Response/Repl
                                                                                                  MOTION for Extension of Time to File Response/Reply as to [21] Response to Motion To Dismiss by USA. Response due by 8/30/2004 (Gardner, Joshua)
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                                                                                                    Legal Document 21 Filed: 8/6/2004, Entered: 8/6/2004
                                                                                                    RESPONSE to [16] MOTION to Dismiss pursuant to Rule 12(b)(6) filed by CANAL ELECTRIC COMPANY. Reply due by 8/23/2004. (Conway, Richard) Modified on 8/9/2004 to correct reply due date (dw1).
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                                                                                                      Blank -- Filed: 8/6/2004, Entered: 8/9/2004 Set Deadlines/Hearings:
                                                                                                      Set Deadlines/Hearings: Reply due by 8/23/2004. (dw1)
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                                                                                                        Legal Document 20 Filed: 6/9/2004, Entered: 6/9/2004 Court Filing
                                                                                                        ORDER - Plaintiff's response to Government's motion to dismiss is due August 6. Signed by Judge Robert H. Hodges Jr. (swf, )
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                                                                                                          Legal Document 19 Filed: 6/1/2004, Entered: 6/1/2004 Court Filing
                                                                                                          ORDER granting [18] Motion for Extension of Time to File Response to [16] MOTION to Dismiss pursuant to Rule 12(b)(6),(until August 6, 2004). Response due by 8/6/2004. Signed by Judge Robert H. Hodges Jr. (swf, ) Modified on 6/1/2004 for clarity (dw1).
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                                                                                                            Blank -- Filed: 6/1/2004, Entered: 6/1/2004
                                                                                                            Set Deadlines/Hearings: Dispositive Response due by 8/6/2004. (dw1)
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                                                                                                              Legal Document 18 Filed: 5/27/2004, Entered: 5/27/2004, Terminated: 6/1/2004 Motion for Extension of Time to File Response/Repl
                                                                                                              Consent MOTION for Extension of Time to File Response/Reply as to [16] MOTION to Dismiss pursuant to Rule 12(b)(6),until August 6, 2004, by CANAL ELECTRIC COMPANY. Response due by 6/14/2004 (Conway, Richard)
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                                                                                                                Legal Document 17 Filed: 5/14/2004, Entered: 5/14/2004
                                                                                                                NOTICE of Appearance by John Clifford Ekman for USA. (Ekman, John)
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                                                                                                                  Blank -- Filed: 5/14/2004, Entered: 5/27/2004 Add and Terminate Attorneys
                                                                                                                  *** Attorney Harold Dewitt Lester terminated. (jcp, )
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                                                                                                                    Legal Document 16 Filed: 5/12/2004, Entered: 5/12/2004, Terminated: 6/9/2005 Motion to Dismiss
                                                                                                                    MOTION to Dismiss pursuant to Rule 12(b)(6) by USA. Response due by 6/14/2004 (Lester, Harold)
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                                                                                                                      Legal Document 15 Filed: 5/10/2004, Entered: 5/10/2004 Court Filing
                                                                                                                      ORDER granting [14] Unopposed Motion for Enlargement of Time to Answer. Answer Due by 5/12/2004. Signed by Judge Robert H. Hodges Jr. (swf, ) Modified on 5/10/2004 for punctuation (dw1).
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                                                                                                                        Blank -- Filed: 5/10/2004, Entered: 5/10/2004
                                                                                                                        Set Deadlines/Hearings: Answer Due by 5/12/2004. (dw1)
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                                                                                                                          Legal Document 14 Filed: 5/5/2004, Entered: 5/5/2004, Terminated: 5/10/2004 Motion for Extension of Time to File Answer
                                                                                                                          Consent MOTION for Extension of Time to File Answer re [1] Complaint until 5/12/2004 by USA. Response due by 5/24/2004 (Lester, Harold)
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                                                                                                                            Legal Document 13 Filed: 4/30/2004, Entered: 4/30/2004 Court Filing
                                                                                                                            ORDER - Parties will contact the court after proceedings with discovery judge to discuss trial schedule if appropriate. Signed by Judge Robert H. Hodges Jr. (swf, )
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                                                                                                                              Legal Document 12 Filed: 4/23/2004, Entered: 4/23/2004
                                                                                                                              RESPONSE to [9] Scheduling 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
                                                                                                                              MEMORANDUM by CANAL ELECTRIC COMPANY. (Wine, Bradley)
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                                                                                                                                Legal Document 10 Filed: 4/16/2004, Entered: 4/16/2004
                                                                                                                                NOTICE of Designation of Electronic Case. (jat, )
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                                                                                                                                  Blank 9 Filed: 4/14/2004, Entered: 4/19/2004 Scheduling OrderCourt Filing
                                                                                                                                  SCHEDULING ORDER: Pltfs may submit reports specifying their discovery plans and objectives on or before 4/23/2004. Dft will submit a report presenting its views on the same matterss, on or before 4/23/2004. The pre-discovery conference will be held on Friday, 4/30/2004 02:00 PM in Courtroom 4 of the National Courts Building before Judge Diane Gilbert Sypolt. Signed by Judge Robert H. Hodges Jr. (jcp, )
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                                                                                                                                    Blank 8 Filed: 4/6/2004, Entered: 4/8/2004 Order on Motion for Extension of Time to Answer
                                                                                                                                    ORDER granting [7] Motion for Extension of Time to Answer. Answer Due by 5/5/2004. (signed by the Clerk) (dls)
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                                                                                                                                      Blank 7 Filed: 4/5/2004, Entered: 4/8/2004, Terminated: 4/6/2004 Terminated:
                                                                                                                                      MOTION for Extension of Time to File Answer re [1] Complaint until 5/5/2004 filed by USA.Service: 4/5/04. (dls)
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                                                                                                                                        Blank 6 Filed: 3/16/2004, Entered: 3/17/2004 Order on Motion for Extension of Time to Answer
                                                                                                                                        ORDER granting [5] Motion for Extension of Time to Answer. Answer Due by 4/5/2004. (signed by the Clerk) (dls)
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                                                                                                                                          Blank 5 Filed: 3/15/2004, Entered: 3/17/2004, Terminated: 3/16/2004 Terminated:
                                                                                                                                          MOTION for Extension of Time to File Answer re [1] Complaint until 4/5/2004 filed by USA.Service: 3/15/04. (dls)
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                                                                                                                                            Blank 4 Filed: 3/15/2004, Entered: 3/17/2004 Notice of Appearance/
                                                                                                                                            NOTICE of Appearance filed by Harold Dewitt Lester for USA. Service: 3/15/04.(dls)
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                                                                                                                                              Blank 3 Filed: 2/6/2004, Entered: 2/12/2004 OrderCourt Filing
                                                                                                                                              ORDER: This case is similar to a number of others in this court. The stay was lifted in January, so the parties should advise the court immediately if they do not wish to proceed for other reasons. Otherwise, we suggest that counsel expedite early hearings so that this case may be resolved promptly. We issued a legal interpretation of the Standard Contract in Indiana Michigan. The parties may adopt briefs that they filed in earlier case if they wish, assuming of course that the circumstances are substantially the same. Signed by Judge Robert H. Hodges Jr. (jcp, )
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                                                                                                                                                Blank 2 Filed: 1/13/2004, Entered: 1/14/2004 Notice Of AssignmentCourt Filing
                                                                                                                                                NOTICE of Assignment to Judge Robert H. Hodges, Jr., (lg1, )
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                                                                                                                                                  Blank 1 Filed: 1/13/2004, Entered: 1/14/2004 Complaint
                                                                                                                                                  COMPLAINT against USA (DOE) ( Filing fee $150, Receipt number 059494), filed by CANAL ELECTRIC COMPANY.Answer Due by 3/15/2004.(lg1, )
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