ROCHESTER GAS AND ELECTRIC CORPORATION v. USA
Federal Civil Lawsuit United States Court of Federal Claims, Case No. 1:04-cv-00118-LSM
District Judge Lawrence S. Margolis, presiding

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No Logo R. E. Ginna Nuclear Power Plant, LLC, Plaintiff

Toggle Switch Represented by Morgan, Lewis & Bockius, LLP

Name Phone Fax E-Mail
Space Arnold Bradley Fagg +1 202 739 5191 +1 202 739 3001 bfagg@morganlewis.com
No Logo Rochester Gas & Electric Corporation, Plaintiff

Toggle Switch Represented by Balch & Bingham LLP

Name Phone Fax E-Mail
Space Melvin Stanford Blanton +1 205 226 3417 +1 205 488 5879 sblanton@balch.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 Harold Dewitt Lester, Jr. +1 202 616 0478 +1 202 307 2503 harv.lester@usdoj.gov
No Logo R. E. Ginna Nuclear Power Plant, LLC, Counter-Defendant
No Logo Rochester Gas & Electric Corporation, Counter-Defendant
No Logo R. E. Ginna Nuclear Power Plant, LLC, Movant

Toggle Switch Represented by Morgan, Lewis & Bockius, LLP

Name Phone Fax E-Mail
Space Arnold Bradley Fagg +1 202 739 5191 +1 202 739 3001 bfagg@morganlewis.com
Office COFC
Filed 1/29/2004
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 (73) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document 60 Filed: 9/8/2008, Entered: 9/8/2008
RESPONSE to [59] MOTION To Coordinate Discovery And Develop A Litigation Plan For The Spent Nuclear Fuel Cases, filed by R.E. GINNA NUCLEAR POWER PLANT, LLC, ROCHESTER GAS AND ELECTRIC CORPORATION.Reply due by 9/22/2008. (Fagg, Arnold)
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    Legal Document 59 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 58 Filed: 7/1/2008, Entered: 7/1/2008 Court Filing
      ORDER CONTINUING STAY TO 12/15/2008; Joint Status Report due by 12/15/2008 Signed by Senior Judge Lawrence S. Margolis. (lmc)
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        Legal Document 57 Filed: 6/30/2008, Entered: 6/30/2008
        JOINT STATUS REPORT, filed by all plaintiffs. (Fagg, Arnold)
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          Legal Document 56 Filed: 12/18/2007, Entered: 12/18/2007 Court Filing
          ORDER STAYING CASEStatus Report due by 6/30/2008 Signed by Judge Lawrence S. Margolis. (dtm)
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            Legal Document 55 Filed: 12/14/2007, Entered: 12/14/2007
            JOINT STATUS REPORT, filed by all parties. (Fagg, Arnold)
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              Legal Document 54 Filed: 12/13/2007, Entered: 12/13/2007
              NOTICE of Appearance by Harold Dewitt Lester, Jr for USA. (Lester, Harold)
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                Legal Document 53 Filed: 7/5/2007, Entered: 7/5/2007 Court Filing
                ORDER CONTINUING STAY; STATUS REPORT ORDER. Stay remains in effect until 12-14-07; Joint Status Report due by 12/14/2007 Signed by Judge Lawrence S. Margolis. (lmc)
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                  Legal Document 52 Filed: 6/29/2007, Entered: 6/29/2007
                  JOINT STATUS REPORT, filed by all parties. (Averbach, Andrew)
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                    Legal Document 51 Filed: 12/19/2006, Entered: 12/19/2006 Court Filing
                    ORDER CONTINUING STAY TO 6/29/07. Status Report due by 6/29/2007 Signed by Judge Lawrence S. Margolis. (lmc)
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                      Legal Document 50 Filed: 12/15/2006, Entered: 12/15/2006
                      JOINT STATUS REPORT, filed by R.E. GINNA NUCLEAR POWER PLANT, LLC. (Fagg, Arnold)
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                        Legal Document 49 Filed: 4/28/2006, Entered: 4/28/2006 Court Filing
                        ORDER granting [48] Joint Motion for Temporary Stay to December 15, 2006. Signed by Judge Lawrence S. Margolis. (lmc)
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                          Legal Document 48 Filed: 4/24/2006, Entered: 4/24/2006, Terminated: 4/28/2006 Motion to Stay
                          Joint MOTION to Stay case through December 15, 2006, filed by R.E. GINNA NUCLEAR POWER PLANT, LLC, USA, R.E. GINNA NUCLEAR POWER PLANT, LLC, ROCHESTER GAS AND ELECTRIC CORPORATION, ROCHESTER GAS AND ELECTRIC CORPORATION, USA, R.E. GINNA NUCLEAR POWER PLANT, LLC.(Bessette, Paul)
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                            Blank -- Filed: 4/5/2006, Entered: 4/5/2006
                            ORDER denying [15] Motion to Stay. Signed by Judge Lawrence S. Margolis. (lmc)
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                              Legal Document 47 Filed: 3/29/2006, Entered: 3/29/2006 Court Filing
                              ORDER denying [42] Motion to Stay and Motion to certify for Interlocutory Appeal. Signed by Senior Judge Lawrence S. Margolis. (jea)
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                                Legal Document 46 Filed: 3/3/2006, Entered: 3/3/2006
                                REPLY to Response to Motion re [42] MOTION to Stay further proceedings in this case and to certify for interlocutory appeal, filed by USA. (Thomas, Elizabeth)
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                                  Legal Document 45 Filed: 2/24/2006, Entered: 2/24/2006, Terminated: 3/29/2006 Motion for Extension of Time to File Response/Repl
                                  First MOTION for Extension of Time to File Reply to [43] Response to Motion to Certify for Interlocutory Appeal filed by USA. Response due by 3/13/2006. (Thomas, Elizabeth)
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                                    Legal Document 44 Filed: 2/9/2006, Entered: 2/9/2006
                                    RESPONSE to [42] Motion to Stay Joinder in Opposition Filed by Plaintiff R.E. Ginna Nuclear Power Plant, LLC, filed by ROCHESTER GAS AND ELECTRIC CORPORATION. (Blanton, Melvin)
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                                      Legal Document 43 Filed: 2/9/2006, Entered: 2/9/2006
                                      RESPONSE to [42] MOTION to Stay further proceedings in this case and to certify for interlocutory appeal, filed by R.E. GINNA NUCLEAR POWER PLANT, LLC. Reply due by 2/24/2006. (Bessette, Paul)
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                                        Blank -- Filed: 2/9/2006, Entered: 2/10/2006 Set Deadlines/Hearings:
                                        Set Deadlines/Hearings: Reply due by 2/24/2006. (dw1)
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                                          Legal Document 42 Filed: 1/23/2006, Entered: 1/23/2006, Terminated: 3/29/2006 Motion to Stay
                                          MOTION to Stay further proceedings in this case and to certify for interlocutory appeal, filed by USA. Response due by 2/9/2006. (Attachments: # (1) Appendix)(Thomas, Elizabeth)
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                                            Legal Document 41 Filed: 12/19/2005, Entered: 12/19/2005 Court Filing
                                            NOTICE of Reassignment. Case reassigned to Judge Lawrence S. Margolis for all further proceedings. Judge Charles F. Lettow no longer assigned to case. (dw1)
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                                              Legal Document 40 Filed: 12/19/2005, Entered: 12/19/2005 Court Filing
                                              ORDER reassigning case to Judge Senior Judge Lawrence S. Margolis. Motion to Transfer, filed by R.E. Ginna Nuclear Power Plant, LLC, is GRANTED. Suggestion regarding consolidation of this case with Constellation Generation Group, LLC, et al. v. United States, No. 04-68C, is deferred pending further action by Senior Judge Margolis.Signed by Judge Charles F. Lettow. (aj1)
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                                                Legal Document 39 Filed: 8/12/2005, Entered: 8/12/2005
                                                JOINT PRELIMINARY STATUS REPORT. (Bessette, Paul)
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                                                  Blank -- Filed: 8/4/2005, Entered: 8/4/2005
                                                  Set/Reset Deadlines: JPSR due by 8/12/2005 per Order [33]. (mb2, )
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                                                    Legal Document 38 Filed: 7/21/2005, Entered: 7/21/2005
                                                    RESPONSE to [34] Notice of Indirectly Related Case(s) Reply in Support of Motion to Transfer and Suggestion of Consolidation filed by R.E. GINNA NUCLEAR POWER PLANT, LLC, R.E. GINNA NUCLEAR POWER PLANT, LLC. (Fagg, Arnold)
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                                                      Legal Document 37 Filed: 7/14/2005, Entered: 7/14/2005
                                                      Affirmative Defenses and ANSWER to Counterclaim filed by all plaintiffs. JPSR due by 9/6/2005.(Fagg, Arnold)
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                                                        Legal Document 36 Filed: 7/11/2005, Entered: 7/11/2005
                                                        RESPONSE to [34] Notice of Indirectly Related Case(s) and Motion to Transfer and Suggestion of Consolidation By Plaintiff R.E. Ginna Nuclear Power Plant, LLC filed by USA. Reply due 7/25/05 (Thomas, Elizabeth) Modified on 7/12/2005 to add reply deadline (jat, ).
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                                                          Blank -- Filed: 7/11/2005, Entered: 7/12/2005 Set/Reset Deadlines:
                                                          Set/Reset Deadlines: Reply due by 7/25/2005. (jat, )
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                                                            Legal Document 35 Filed: 6/22/2005, Entered: 6/22/2005
                                                            Defendant's ANSWER to [1] Complaint and Affirmative Defenses, COUNTERCLAIM against all plaintiffs filed by USA. Answer to Counterclaim due by 7/15/2005.(Thomas, Elizabeth) Modified on 6/23/2005 to correct answer deadline (jat, ).
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                                                              Legal Document 34 Filed: 6/22/2005, Entered: 6/22/2005
                                                              NOTICE of Indirectly Related Case(s) [04-68] by R.E. GINNA NUCLEAR POWER PLANT, LLC and Motion to Transfer and Suggestion of Consolidation (Response due by 7/11/2005) . (Fagg, Arnold) Modified on 6/23/2005 to set response deadline (jat, ).
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                                                                Blank -- Filed: 6/22/2005, Entered: 6/23/2005 Set/Reset Deadlines:
                                                                Set/Reset Deadlines: Answer to Counterclaim Due by 7/15/2005. (jat, )
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                                                                  Blank -- Filed: 6/22/2005, Entered: 6/23/2005 Set/Reset Deadlines:
                                                                  Set/Reset Deadlines: Response due by 7/11/2005. (jat, )
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                                                                    Legal Document 33 Filed: 5/12/2005, Entered: 5/12/2005 Court Filing
                                                                    ORDER granting in part and denying in part [19] Motion to Substitute Party. Substitution of party denied, but joinder of co-plaintiff granted. Caption shall be amended to reflect joinder, and separate appearance of co-plaintiff's counsel shall be recognized. Answer due by 06/24/2005. JPSR due by 08/12/2005. Signed by Judge Charles F. Lettow. (gjc)
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                                                                      Blank -- Filed: 5/12/2005, Entered: 5/12/2005
                                                                      Set Deadlines/Hearings: Answer Due by 6/24/2005. JPSR due by 8/12/2005. (dw1)
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                                                                        Legal Document 32 Filed: 3/10/2005, Entered: 3/10/2005
                                                                        STATUS REPORT AND JOINT SUBMISSION OF REQUESTED DOCUMENTS by all parties. (Attachments: # (1) Exhibit Asset Purchase Agreement# (2) Exhibit Asset Purchase Agreement# (3) Exhibit Asset Purchase Agreement# (4) Exhibit # (5) Exhibit # (6) Exhibit # (7) Exhibit # (8) Exhibit # (9) Exhibit # (10) Exhibit # (11) Exhibit # (12) Exhibit # (13) Exhibit # (14) Exhibit # (15) Exhibit # (16) Exhibit # (17) Exhibit # (18) Exhibit # (19) Exhibit # (20) Exhibit # (21) Exhibit # (22) Exhibit # (23) Exhibit # (24) Exhibit # (25) Exhibit # (26) Exhibit # (27) Exhibit)(Bessette, Paul)
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                                                                        Legal Document 31 Filed: 2/28/2005, Entered: 2/28/2005 Court Filing
                                                                        ORDER: Supplemental materials due by 3/11/2005. Signed by Judge Charles F. Lettow. (gjc)
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                                                                          Blank -- Filed: 2/24/2005, Entered: 2/24/2005
                                                                          Set/Reset Transcript Deadlines: Transcript due by 2/23/2005. (vp1, )
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                                                                            Legal Document 30 Filed: 2/14/2005, Entered: 2/14/2005 Court Filing
                                                                            TRANSCRIPT of Proceedings held on 2/8/05 before Judge Charles F. Lettow. (eph, )
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                                                                              Legal Document 29 Filed: 12/29/2004, Entered: 12/29/2004
                                                                              JOINT STATUS REPORT by all parties. (Bessette, Paul)
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                                                                                Legal Document 28 Filed: 12/14/2004, Entered: 12/14/2004 Court Filing
                                                                                ORDER Setting Hearing on [19] MOTION to Substitute Party and Amend Caption, to Substitute Counsel, and for Limited Relief from Stay. Motion Hearing set for 2/8/2005, 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 27 Filed: 12/9/2004, Entered: 12/9/2004 Court Filing
                                                                                  ORDER. Pursuant to Rule 40.1(c) of the Rules of the Court of Federal Claims and a random selection determined by the Office of the Clerk of the Court, this case is hereby reassigned to Judge Charles F. Lettow. Signed by Chief Judge Edward J. Damich. (sms)
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                                                                                    Blank -- Filed: 12/9/2004, Entered: 12/15/2004 Add and Terminate Judges
                                                                                    Judge Charles F. Lettow added. Judge Lynn J. Bush no longer assigned to case. (dw1)
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                                                                                      Legal Document 26 Filed: 10/6/2004, Entered: 10/6/2004
                                                                                      REPLY to Response to Motion re [19] MOTION to Substitute Party and Amend Caption, to Substitute Counsel, and for Limited Relief from Stay filed by R.E. GINNA NUCLEAR POWER PLANT, LLC, ROCHESTER GAS AND ELECTRIC CORPORATION. (Attachments: # (1) Appendix)(Fagg, Arnold)
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                                                                                        Legal Document 25 Filed: 9/22/2004, Entered: 9/22/2004
                                                                                        RESPONSE to [19] MOTION to Substitute Party and Amend Caption, to Substitute Counsel, and for Limited Relief from Stay filed by USA. Reply due by 10/6/2004. (Attachments: # (1) Appendix)(Thomas, Elizabeth)
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                                                                                          Legal Document 24 Filed: 9/8/2004, Entered: 9/8/2004 Court Filing
                                                                                          ORDER granting [23] Motion for Extension of Time to File Response to [19] MOTION to Substitute Party and Amend Caption, to Substitute Counsel, and for Limited Relief from Stay,until 9/22/04. Response due by 9/22/2004 Signed by Judge Lynn J. Bush.(teq) Modified on 9/9/2004 for clarity (dw1).
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                                                                                            Legal Document 23 Filed: 9/3/2004, Entered: 9/3/2004, Terminated: 9/8/2004 Motion for Extension of Time to File Response/Repl
                                                                                            MOTION for Extension of Time to File Response to [19] MOTION to Substitute Party and Amend Caption, to Substitute Counsel, and for Limited Relief from Stay,until 9/22/04, by USA. Response due by 9/20/2004 (Thomas, Elizabeth) Modified on 9/7/2004 for clarity (dw1).
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                                                                                              Legal Document 22 Filed: 8/13/2004, Entered: 8/13/2004 Court Filing
                                                                                              ORDER granting [21] Motion for Extension of Time to File Response to [19] MOTION to Substitute Party and Amend Caption, to Substitute Counsel, and for Limited Relief from Stay. Response due by 9/22/2004. Signed by Judge Lynn J. Bush.(teq) Modified on 8/16/2004 to remove reply deadline that was included in error (jcp, ).
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                                                                                                Legal Document 21 Filed: 8/12/2004, Entered: 8/12/2004, Terminated: 8/13/2004 Motion for Extension of Time to File Response/Repl
                                                                                                MOTION for Extension of Time to File Response to [19] MOTION to Substitute Party and Amend Caption, to Substitute Counsel, and for Limited Relief from Stay,until 9/3/04, by USA. Response due by 8/30/2004 (Thomas, Elizabeth) Modified on 8/13/2004 for clarity (dw1).
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                                                                                                  Legal Document 20 Filed: 8/6/2004, Entered: 8/6/2004
                                                                                                  NOTICE of Appearance by Elizabeth Aundrea Thomas for USA. (Thomas, Elizabeth)
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                                                                                                    Blank -- Filed: 8/6/2004, Entered: 8/9/2004 Add and Terminate Attorneys
                                                                                                    *** Attorney Harold Dewitt Lester terminated. (dw1)
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                                                                                                      Legal Document 19 Filed: 7/26/2004, Entered: 7/26/2004, Terminated: 5/12/2005 Motion to Substitute Party
                                                                                                      MOTION to Substitute Party and Amend Caption, to Substitute Counsel, and for Limited Relief from Stay by R.E. Ginna Nuclear Power Plant, LLC, ROCHESTER GAS AND ELECTRIC CORPORATION. Response due by 8/12/2004 (Blanton, Melvin)
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                                                                                                        Legal Document 18 Filed: 5/21/2004, Entered: 5/21/2004 Court Filing
                                                                                                        ORDER STAYING CASE until December 31, 2004. Signed by Judge Lynn J. Bush.(teq)
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                                                                                                          Blank -- Filed: 5/20/2004, Entered: 5/20/2004
                                                                                                          Set Deadlines/Hearings: Reply due by 6/1/2004. (dw1)
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                                                                                                            Legal Document 17 Filed: 5/19/2004, Entered: 5/19/2004
                                                                                                            RESPONSE to [15] MOTION to Stay All Proceedings Or, In The Alternative, For Coordinated Discovery filed by ROCHESTER GAS AND ELECTRIC CORPORATION. Reply due by 6/1/2004. (Blanton, Melvin) Modified on 5/20/2004 to correct reply due date (dw1).
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                                                                                                              Legal Document 16 Filed: 5/14/2004, Entered: 5/14/2004 Court Filing
                                                                                                              ORDER re Plaintiff's response to [15]defendant's MOTION to Stay All Proceedings Or, In The Alternative, For Coordinated Discovery due 5/19/2004. Signed by Judge Lynn J. Bush. (teq)
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                                                                                                                Blank -- Filed: 5/14/2004, Entered: 5/14/2004
                                                                                                                Set Deadlines/Hearings: Response to Defendant's Motion to Stay all Proceedings or, in the alterternative, for Coordinated Discovery due by 5/19/2004. (dw1)
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                                                                                                                  Legal Document 15 Filed: 5/10/2004, Entered: 5/10/2004, Terminated: 4/5/2006 Motion to Stay
                                                                                                                  MOTION to Stay All Proceedings Or, In The Alternative, For Coordinated Discovery by USA. Response due by 5/27/2004 (Attachments: # (1) # (2))(Lester, Harold)
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                                                                                                                    Legal Document 14 Filed: 4/23/2004, Entered: 4/23/2004
                                                                                                                    RESPONSE to [9] Discovery Scheduling Order,, [10] 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 13 Filed: 4/23/2004, Entered: 4/23/2004
                                                                                                                    RESPONSE to Discovery Request from Court by ROCHESTER GAS AND ELECTRIC CORPORATION.(Blanton, Melvin)
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                                                                                                                      Legal Document 12 Filed: 4/21/2004, Entered: 4/21/2004 Court Filing
                                                                                                                      ORDER granting [11] Motion for Extension of Time to Answer. Answer Due by 5/10/2004. Signed by Judge Lynn J. Bush. (teq) Modified on 4/21/2004 for punctuation (dw1).
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                                                                                                                        Legal Document 11 Filed: 4/19/2004, Entered: 4/19/2004, Terminated: 4/21/2004 Motion for Extension of Time to File Answer
                                                                                                                        MOTION for Extension of Time to File Answer re [1] Complaint until 5/10/2004 by USA. Response due by 5/6/2004 (Lester, Harold)
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                                                                                                                          Legal Document 10 Filed: 4/14/2004, Entered: 4/14/2004 Court Filing
                                                                                                                          Errata for the court's order of 4/13/2004. Signed by Judge Lynn J. Bush. (teq)
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                                                                                                                            Blank -- Filed: 4/14/2004, Entered: 4/14/2004
                                                                                                                            Set Deadlines/Hearings: Plaintiffs Report(s) due by 4/23/2004. Defendant Report due by 4/23/2004. (dw1)
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                                                                                                                              Legal Document 9 Filed: 4/13/2004, Entered: 4/13/2004 Court Filing
                                                                                                                              DISCOVERY SCHEDULING ORDER: Status Conference set for 4/30/2004 02:00 PM in National Courts Building before Judge Diane Sybolt. Plaintiff and defendant shall each submit a discovery report by 4/23/2004. Signed by Judge Lynn J. Bush. (Attachments: # (1) Appendix)(teq)
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                                                                                                                                Legal Document 8 Filed: 4/2/2004, Entered: 4/2/2004 Court Filing
                                                                                                                                ORDER granting [7] Motion for Extension of Time to Answer. Answer Due by 4/19/2004. Signed by Judge Lynn J. Bush. (teq)
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                                                                                                                                  Legal Document 7 Filed: 3/29/2004, Entered: 3/29/2004, Terminated: 4/2/2004 Motion for Extension of Time to File Answer
                                                                                                                                  Consent MOTION for Extension of Time to File Answer re [1] Complaint until 4/19/2004 by USA. Response due by 4/15/2004 (Lester, Harold)
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                                                                                                                                    Legal Document 6 Filed: 3/29/2004, Entered: 3/29/2004
                                                                                                                                    NOTICE of Appearance by Harold Dewitt Lester Jr. for USA. (Lester, Harold)
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                                                                                                                                      Legal Document 5 Filed: 1/29/2004, Entered: 2/10/2004 Notice of Designation of Electronic Case
                                                                                                                                      NOTICE of Designation of Electronic Case. (lg1, )
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                                                                                                                                        Legal Document 4 Filed: 1/29/2004, Entered: 2/10/2004 Notice of Indirectly Related Case(s)
                                                                                                                                        NOTICE of Indirectly Related Case(s) by ROCHESTER GAS AND ELECTRIC CORPORATION. Service: 1/29/2004.(lg1, )
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                                                                                                                                          Legal Document 3 Filed: 1/29/2004, Entered: 2/10/2004 Notice Of AssignmentCourt Filing
                                                                                                                                          NOTICE of Assignment to Judge Lynn J. Bush. (lg1, )
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                                                                                                                                            Legal Document 2 Filed: 1/29/2004, Entered: 2/10/2004 Disclosure Statement - Rule 7.1
                                                                                                                                            Rule 7.1 Disclosure Statement by ROCHESTER GAS AND ELECTRIC CORPORATION. Service: 1/29/2004.(lg1, )
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                                                                                                                                              Legal Document 1 Filed: 1/29/2004, Entered: 2/10/2004 Complaint
                                                                                                                                              COMPLAINT against USA (DOE) ( Filing fee $150, Receipt number 059603), filed by ROCHESTER GAS AND ELECTRIC CORPORATION.Answer Due by 3/29/2004. (Attachments: # (1) Civil Cover Sheet)(lg1, )
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