RADIOSHACK CORPORATION v. USA
Federal Civil Lawsuit United States Court of Federal Claims, Case No. 1:06-cv-00028-MCW
District Judge Mary Ellen Coster Williams, presiding

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RadioShack Corporation RadioShack Corporation, Plaintiff

Toggle Switch Represented by Baker & McKenzie, LLP

Name Phone Fax E-Mail
Space Allen Duane Webber +1 202 452 7000 a.duane.webber@bakernet.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 Jacob Earl Christensen +1 202 307 0878 +1 202 514 9440 jacob.e.christensen@usdoj.gov
Office COFC
Filed 1/10/2006
Jury Demand None
Demand
Nature of Suit 206 - Tax - Excise
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 APPEAL, ECF
  Entries (71) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document 65 Filed: 9/15/2008, Entered: 9/15/2008
RESPONSE to [58] Second MOTION to Certify Class, filed by USA.Reply due by 9/29/2008. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4)(Christensen, Jacob)
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    Legal Document 64 Filed: 8/26/2008, Entered: 8/26/2008
    NOTICE of Appearance by Jacob Earl Christensen for USA. (Christensen, Jacob)
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      Legal Document 63 Filed: 8/21/2008, Entered: 8/21/2008
      NOTICE, filed by RADIOSHACK CORPORATION of Transcript Purchase Order (Federal Circuit Form 22) Pursuant to Federal Rule of Appellate Procedure 10(b) (Webber, Allen)
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        Legal Document 62 Filed: 8/11/2008, Entered: 8/11/2008 Court Filing
        ORDER granting Defendant's [60] Motion for Extension of Time to File Response/Reply as to [58] Plaintiff's Second MOTION to Certify Class Response due by 9/15/2008. Signed by Judge Mary Ellen Coster Williams. (tb1)
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          Legal Document 61 Filed: 8/8/2008, Entered: 8/8/2008
          NOTICE OF APPEAL, filed by RADIOSHACK CORPORATION. Filing fee $ 455, receipt number 068455. Copies to judge, opposing party and CAFC. (hw1, )
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            Legal Document 60 Filed: 8/8/2008, Entered: 8/8/2008, Terminated: 8/11/2008
            Unopposed MOTION for Extension of Time to September 15, 2008, MOTION for Extension of Time to File Response or Reply as to [58] Second MOTION to Certify Class, filed by USA.Response due by 8/25/2008.(Stewart, G.)
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              Legal Document 59 Filed: 8/8/2008, Entered: 8/8/2008
              JUDGMENT entered, as provided in Rule 54(b), that plaintiffs claim for a refund of communications excise tax relating to the first calendar quarter of 1996 (the 1996 Claim) is dismissed for lack of jurisdiction as it was untimely under 28 U.S.C. §§ 6511(a) and 7422. (lld)
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                Legal Document 58 Filed: 7/28/2008, Entered: 7/28/2008
                Second MOTION to Certify Class, filed by RADIOSHACK CORPORATION.Response due by 8/14/2008. (Attachments: # (1) Exhibit TIGTA Report on Individuals, # (2) Exhibit TIGTA Report on Businesses, # (3) Exhibit Resume for A. Duane Webber, # (4) Exhibit Resume for Robert H. Albaral, # (5) Exhibit Resume of Patrick J. Ahern, # (6) Exhibit Resume of Jennifer Ancona Semko, # (7) Exhibit Brochure re Baker & McKenzie Tax Controversy Subpractice, # (8) Exhibit Brochure re Baker & McKenzie Dispute Resolution Practice)(Webber, Allen)
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                  Legal Document 57 Filed: 6/13/2008, Entered: 6/13/2008 Court Filing
                  ORDER granting [56] Motion for Entry of Judgment under Rule 54(b) Signed by Judge Mary Ellen Coster Williams. (dph)
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                    Legal Document 56 Filed: 6/10/2008, Entered: 6/10/2008, Terminated: 6/13/2008 ~Motion for Entry of Judgment under Rule 54(b)
                    MOTION for Entry of Judgment under Rule 54(b), filed by RADIOSHACK CORPORATION.Response due by 7/11/2008. (Attachments: # (1) Text of Proposed Order)(Webber, Allen)
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                      Blank -- Filed: 6/2/2008, Entered: 6/2/2008
                      Set/Reset Transcript Deadlines for 5/30/2008 proceeding: Transcript due from Heritage by 6/20/2008. (lld)
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                        Blank -- Filed: 6/2/2008, Entered: 6/2/2008
                        Minute Entry: A 45-minute telephonic Status Conference was held before Judge Mary Ellen Coster Williams on 5/30/2008 at 11:00 a.m. EST to discuss scheduling. Official Record of proceeding taken via electronic digital recording (EDR). (dph)
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                          Legal Document 55 Filed: 5/21/2008, Entered: 5/21/2008 Court Filing
                          ORDER granting [50] Defendant's Partial Motion to Dismiss - Rule 12(b)(1); Plaintiff's motion for summary judgment is dismissed as moot;[25] Defendant's cross-motion for summary judgment is dismissed as moot. A telephonic status conference will be held on May 30, 2008 at 11:00 a.m. Signed by Judge Mary Ellen Coster Williams. (tb1)
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                            Legal Document 54 Filed: 4/23/2008, Entered: 4/23/2008
                            NOTICE, filed by RADIOSHACK CORPORATION re [53] Notice of Additional Authority, [52] Notice (Other) (Clarke, George)
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                              Legal Document 53 Filed: 4/15/2008, Entered: 4/15/2008
                              NOTICE of Additional Authority (Attachments: # (1))(Stewart, G.)
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                                Legal Document 52 Filed: 3/27/2008, Entered: 3/27/2008
                                NOTICE, filed by USA of MDL TET Opinion (Attachments: # (1) Exhibit MDL TET Opinion# (2) Exhibit MDL TET Order)(Stewart, G.)
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                                  Legal Document 51 Filed: 9/25/2007, Entered: 9/25/2007
                                  RESPONSE to [50] MOTION to Dismiss pursuant to Rule 12(b)(1) Plaintiff's 1996 Claim for Refund, filed by RADIOSHACK CORPORATION.Reply due by 10/9/2007. (Clarke, George)
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                                    Legal Document 50 Filed: 8/27/2007, Entered: 8/27/2007, Terminated: 5/21/2008 Motion to Dismiss
                                    MOTION to Dismiss pursuant to Rule 12(b)(1) Plaintiff's 1996 Claim for Refund, filed by USA.Response due by 9/27/2007.(Stewart, G.)
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                                      Legal Document 49 Filed: 7/19/2007, Entered: 7/19/2007
                                      ANSWER to Amended Complaint, filed by USA.JPSR due by 9/13/2007. (Stewart, G.)
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                                        Legal Document 48 Filed: 6/20/2007, Entered: 6/20/2007
                                        AMENDED COMPLAINT, filed by RADIOSHACK CORPORATION.. (Attachments: # (1) Exhibit A# (2) Exhibit B# (3) Exhibit C# (4) Exhibit D# (5) Exhibit E# (6) Exhibit F# (7) Exhibit G# (8) Exhibit H# (9) Exhibit I# (10) Exhibit J# (11) Exhibit K# (12) Exhibit L# (13) Exhibit M)(Clarke, George)
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                                          Legal Document 47 Filed: 5/24/2007, Entered: 5/24/2007 Court Filing
                                          ORDER Plaintiff shall file amended complaint by 6/20/2007; Defendant shall file its answer by 7/20/2007; status conference scheduled for 7/30/2007 at 11:00 a.m. Signed by Judge Mary Ellen Coster Williams. (tb1)
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                                            Legal Document 46 Filed: 3/23/2007, Entered: 3/23/2007
                                            SUPPLEMENTAL BRIEF in Support of Plaintiffs' Motion for Summary Judgment and in Opposition to the Cross-Motion of the United States, filed by RADIOSHACK CORPORATION. (Clarke, George)
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                                              Legal Document 45 Filed: 3/9/2007, Entered: 3/9/2007
                                              SUPPLEMENTAL BRIEF OF THE UNITED STATES IN SUPPORT OF ITS CROSS-MOTION FOR PARTIAL SUMMARY JUDGMENT AND IN OPPOSITION TO PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT, filed by USA, pursuant to [43] Order. (Stewart, G.)
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                                                Legal Document 44 Filed: 2/16/2007, Entered: 2/16/2007
                                                Letter from Judicial Panel on Multidistrict Litigation informing this court of its denial of the transfer with respect to the pending action in the Court of Federal Claims. [FILED BY LEAVE OF THE JUDGE] (mb2, )
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                                                  Legal Document 43 Filed: 2/14/2007, Entered: 2/14/2007 Court Filing
                                                  ORDER GRANTING Joint Motion for LeaveNotice of Compliance due by 3/9/2007. Signed by Judge Mary Ellen Coster Williams.
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                                                    Legal Document 42 Filed: 1/30/2007, Entered: 1/30/2007 Court Filing
                                                    ORDER granting [41] Motion for Leave to File Order Granting Defendant's Motion for Leave to File IRS Notice 2007-11 Signed by Judge Mary Ellen Coster Williams. (tb1, )
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                                                      Legal Document 41 Filed: 1/24/2007, Entered: 1/24/2007, Terminated: 1/30/2007 Motion for Leave to File
                                                      MOTION for Leave to File IRS Notice 2007-11, filed by USA.Response due by 2/12/2007. (Attachments: # (1) Exhibit IRS Notice 2007-11)(Stewart, G.)
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                                                        Legal Document 40 Filed: 1/22/2007, Entered: 1/23/2007 TranscriptCourt Filing
                                                        TRANSCRIPT of Proceedings (pages 1-35) held on January 19, 2007 before Judge Mary Ellen Coster Williams. (dw1)
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                                                          Legal Document 39 Filed: 1/22/2007, Entered: 1/22/2007
                                                          NOTICE, filed by RADIOSHACK CORPORATION (Attachments: # (1) Exhibit Claim for Refund# (2) Exhibit Notices of Claim Disallowance)(Clarke, George)
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                                                            Legal Document 38 Filed: 1/19/2007, Entered: 1/19/2007 Court Filing
                                                            Renunciation of Claim Signed by Judge Mary Ellen Coster Williams. (tb1, )
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                                                              Legal Document 37 Filed: 11/6/2006, Entered: 11/6/2006 Court Filing
                                                              ORDER granting [36] Defendant's Motion for Leave to File the Declaration of William F. Conlon Signed by Judge Mary Ellen Coster Williams. (tb1, )
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                                                                Legal Document 36 Filed: 11/1/2006, Entered: 11/1/2006, Terminated: 11/6/2006 Motion for Leave to File
                                                                MOTION for Leave to File Declaration of William Conlon, filed by USA.Response due by 11/20/2006. (Attachments: # (1) Affidavit William Conlon# (2) Exhibit Exhibit A - IRS Letter)(Stewart, G.)
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                                                                  Legal Document 35 Filed: 10/25/2006, Entered: 10/25/2006 Court Filing
                                                                  TRANSCRIPT of Proceedings (pages 1-67) held on October 19, 2006 before Judge Mary Ellen Coster Williams. (dw1)
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                                                                    Blank -- Filed: 10/19/2006, Entered: 10/19/2006
                                                                    Set/Reset Transcript Deadlines: Transcript due by 10/24/2006. (vp1, )
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                                                                      Legal Document 34 Filed: 10/18/2006, Entered: 10/18/2006
                                                                      MOTION for Leave to File Declaration of David R. Williams, filed by USA.Response due by 11/6/2006. (Attachments: # (1) Affidavit Williams Declaration# (2) Exhibit A - 1# (3) Exhibit A -2# (4) Exhibit A - 3# (5) Exhibit B# (6) Exhibit C# (7) Exhibit D - 1# (8) Exhibit D - 2# (9) Exhibit D - 3# (10) Exhibit D - 4# (11) Exhibit D - 5# (12) Exhibit E - 1# (13) Exhibit E - 2# (14) Exhibit E - 3# (15) Exhibit F)(Stewart, G.)
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                                                                      Legal Document 33 Filed: 10/17/2006, Entered: 10/18/2006 TranscriptCourt Filing
                                                                      TRANSCRIPT of Proceedings (pages 1-21) held on October 11, 2006 before Judge Mary Ellen Coster Williams. (dw1)
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                                                                        Legal Document 32 Filed: 10/12/2006, Entered: 10/12/2006 Court Filing
                                                                        ORDER directing Defendant to produce a representative of the IRS to advise the Court re implementation of IRS Notice.Notice of Compliance due by 10/18/2006. Signed by Judge Mary Ellen Coster Williams. (tb1, )
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                                                                          Legal Document 30 Filed: 10/11/2006, Entered: 10/11/2006
                                                                          RESPONSE to [29] Motion for Leave to File, Supplemental Brief With Respect to Plaintiffs' Motion for Class Certification, filed by RADIOSHACK CORPORATION. (Attachments: # (1) Exhibit A# (2) Exhibit B)(Webber, Allen)
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                                                                          Blank -- Filed: 10/11/2006, Entered: 10/11/2006
                                                                          Set/Reset Transcript Deadlines: Transcript due by 10/16/2006. (vp1, )
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                                                                            Legal Document 31 Filed: 10/10/2006, Entered: 10/11/2006 TranscriptCourt Filing
                                                                            TRANSCRIPT of Proceedings (pages 1-46) held on October 4, 2006 before Judge Mary Ellen Coster Williams. (dw1)
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                                                                              Legal Document 29 Filed: 10/3/2006, Entered: 10/3/2006
                                                                              MOTION for Leave to File Supplement to Defendant's Opposition to Plaintiff's Motion for Class Certification, filed by USA.Response due by 10/20/2006. (Attachments: # (1) Supplement Stewart Declaration with Exhibits)(Stewart, G.)
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                                                                                Legal Document 28 Filed: 9/22/2006, Entered: 9/22/2006
                                                                                REPLY to Response to Motion re [25] MOTION to Alter or Amend Judgment pursuant to Rule 59(e) MOTION to Dismiss pursuant to Rule 12(b)(7) MOTION to Supplement Pleadings - Rule 15(d) re: MOTION for Summary Judgment and Brief in Support Thereof, [26] CROSS MOTION and RESPONSE to [25] Motion to Alter or Amend Judgment - Rule 59(e), Motion to Dismiss - Rule 12(b)(7), Motion to Supplement Pleadings - Rule 15(d), Motion for Summary Judgment filed by RADIOSHACK CORPORATION,, filed by RADIOSHACK CORPORATION. (Webber, Allen)
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                                                                                  Legal Document 27 Filed: 9/15/2006, Entered: 9/15/2006
                                                                                  NOTICE, filed by USA (Attachments: # (1))(Stewart, G.)
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                                                                                    Legal Document 26 Filed: 9/8/2006, Entered: 9/8/2006
                                                                                    CROSS MOTION and RESPONSE to [25] Motion to Alter or Amend Judgment - Rule 59(e), Motion to Dismiss - Rule 12(b)(7), Motion to Supplement Pleadings - Rule 15(d), Motion for Summary Judgment filed by RADIOSHACK CORPORATION,, CROSS MOTION and RESPONSE to [25] Motion to Alter or Amend Judgment - Rule 59(e), Motion to Dismiss - Rule 12(b)(7), Motion to Supplement Pleadings - Rule 15(d), Motion for Summary Judgment filed by RADIOSHACK CORPORATION,, filed by USA.Response due by 9/25/2006.Response due by 9/25/2006.(Stewart, G.)
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                                                                                      Legal Document 25 Filed: 8/11/2006, Entered: 8/11/2006
                                                                                      MOTION for Summary Judgment and Brief in Support Thereof, filed by RADIOSHACK CORPORATION. (Attachments: # (1) Exhibit A)(Clarke, George)
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                                                                                        Legal Document 24 Filed: 7/26/2006, Entered: 7/26/2006 Court Filing
                                                                                        ORDER granting [23] Joint Motion for Scheduling Order; Plaintiff's motion for summary judgment due 8/11/06; Defendant's response due 9/8/06; Plaintiff's reply to response due 9/22/06. Signed by Judge Mary Ellen Coster Williams. (tb1, )
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                                                                                          Legal Document 23 Filed: 7/24/2006, Entered: 7/24/2006, Terminated: 7/26/2006 Motion to Amend Schedule
                                                                                          Joint MOTION to Amend Schedule and for a Scheduling Order, filed by RADIOSHACK CORPORATION, USA.Response due by 8/10/2006. (Attachments: # (1) Text of Proposed Order Proposed Order)(Clarke, George)
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                                                                                            Blank -- Filed: 7/19/2006, Entered: 7/19/2006
                                                                                            Set/Reset Transcript Deadlines: Transcript due by 7/18/2006. (vp1, )
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                                                                                              Legal Document 22 Filed: 7/18/2006, Entered: 7/19/2006 TranscriptCourt Filing
                                                                                              TRANSCRIPT of Proceedings (1-117) held on July 13, 2006 before Judge Mary Ellen Coster Williams. (dw1)
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                                                                                                Legal Document 21 Filed: 6/9/2006, Entered: 6/9/2006
                                                                                                STATUS REPORT, filed by RADIOSHACK CORPORATION. (Clarke, George)
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                                                                                                  Legal Document 20 Filed: 6/1/2006, Entered: 6/1/2006
                                                                                                  JOINT PRELIMINARY STATUS REPORT. (Clarke, George)
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                                                                                                    Legal Document 19 Filed: 5/25/2006, Entered: 5/25/2006
                                                                                                    STATUS REPORT and Notice of Change of Position, filed by USA. (Attachments: # (1) Exhibit IRS Notice 2006-50)(Stewart, G.)
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                                                                                                      Legal Document 18 Filed: 5/17/2006, Entered: 5/17/2006 Court Filing
                                                                                                      SCHEDULING ORDER: Oral Argument set for 7/13/2006 02:00 PM in Courtroom before Judge Mary Ellen Coster Williams. Signed by Judge Mary Ellen Coster Williams. (tb1, )
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                                                                                                        Legal Document 17 Filed: 5/10/2006, Entered: 5/10/2006
                                                                                                        REPLY to Response to Motion re [5] MOTION to Certify Class, filed by RADIOSHACK CORPORATION. (Clarke, George)
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                                                                                                          Legal Document 16 Filed: 4/26/2006, Entered: 4/26/2006
                                                                                                          RESPONSE to [5] MOTION to Certify Class, filed by USA. Reply due by 5/10/2006. (Stewart, G.)
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                                                                                                            Legal Document 15 Filed: 4/11/2006, Entered: 4/11/2006 Court Filing
                                                                                                            ORDER directing Clerk of the Court to return LB3's motion unfiled. Signed by Judge Mary Ellen Coster Williams. (tb1, )
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                                                                                                              Legal Document 14 Filed: 4/10/2006, Entered: 4/10/2006
                                                                                                              ANSWER to [1] Complaint, filed by USA. JPSR due by 6/1/2006.(Stewart, G.)
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                                                                                                                Legal Document 13 Filed: 4/6/2006, Entered: 4/6/2006
                                                                                                                MOTION none Motion To Take Notice Of Certain Facts Regarding Excise Tax Refund Litigation And The Internal Revenue Service?s Settlements Of Refund Claims, filed by LEVINE, BLASZAK, BLOCK & BOOTHBY, LLP. Response due by 4/24/2006.(Rosen, Stephen)
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                                                                                                                  Legal Document 12 Filed: 3/10/2006, Entered: 3/10/2006 Court Filing
                                                                                                                  ORDER granting [7] Motion for Extension of Time to File Response to Plaintiffs' Motion for Class Certification, Response due by 4/26/2006. Signed by Judge Mary Ellen Coster Williams. (tb1, )
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                                                                                                                    Legal Document 11 Filed: 3/10/2006, Entered: 3/10/2006 Court Filing
                                                                                                                    ORDER granting [6] Motion for Extension of Time to file Answer, Answer Due by 4/12/2006. Signed by Judge Mary Ellen Coster Williams. (tb1, )
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                                                                                                                      Legal Document 10 Filed: 3/8/2006, Entered: 3/9/2006 Status Conference OrderCourt Filing
                                                                                                                      AMENDED STATUS CONFERENCE ORDER: Status Conference set for 3/17/2006 10:00 AM in National Courts Building before Judge Thomas C. Wheeler. Signed by Judge Thomas C. Wheeler. [See document #9 Order dated March 8, 2006 in case no. 06-105T](dw1)
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                                                                                                                        Legal Document 9 Filed: 3/8/2006, Entered: 3/8/2006
                                                                                                                        MEMORANDUM, filed by KRASNEY, et al.. (Chimicles, Nicholas)
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                                                                                                                          Legal Document 8 Filed: 3/7/2006, Entered: 3/7/2006
                                                                                                                          NOTICE, filed by RADIOSHACK CORPORATION of Letter re Status Conference in Krasney v United States. FILED BY LEAVE OF THE JUDGE.(Clarke, George) Modified on 3/9/2006 (hw1, ). Modified on 3/9/2006 (hw1, ).
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                                                                                                                            Legal Document 7 Filed: 3/7/2006, Entered: 3/7/2006, Terminated: 3/10/2006 Motion for Extension of Time to File Response/Repl
                                                                                                                            Unopposed MOTION for Extension of Time until April 26, 2006 to File Response or Reply as to [5] MOTION to Certify Class, filed by USA. Response due by 3/24/2006. (Stewart, G.)
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                                                                                                                              Legal Document 6 Filed: 3/7/2006, Entered: 3/7/2006, Terminated: 3/10/2006 Motion for Extension of Time to File Answer
                                                                                                                              First MOTION for Extension of Time until 4/12/2006 to File Answer re [1] Complaint, filed by USA. Response due by 3/24/2006. (Stewart, G.)
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                                                                                                                                Blank -- Filed: 3/2/2006, Entered: 3/3/2006 Status Conference Order
                                                                                                                                SEE CASE NO. 06-105T FOR ORDER directing parties in this case to appear at a status conference on 3/21/2006 at 10:00 AM before Judge Thomas C. Wheeler. Signed by Judge Thomas C. Wheeler. (dls)
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                                                                                                                                  Legal Document 5 Filed: 2/24/2006, Entered: 2/24/2006
                                                                                                                                  MOTION to Certify Class, filed by RADIOSHACK CORPORATION. Response due by 3/13/2006. (Attachments: # (1) Affidavit Declaration in Support of Motion)(Clarke, George)
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                                                                                                                                    Legal Document 4 Filed: 1/18/2006, Entered: 1/18/2006
                                                                                                                                    NOTICE of Appearance by G. Robson Stewart for USA. (Stewart, G.)
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                                                                                                                                      Legal Document 3 Filed: 1/10/2006, Entered: 1/11/2006 Notice of Designation of Electronic Case
                                                                                                                                      NOTICE of Designation of Electronic Case. (lg1, )
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                                                                                                                                        Legal Document 2 Filed: 1/10/2006, Entered: 1/11/2006 Notice Of AssignmentCourt Filing
                                                                                                                                        NOTICE of Assignment to Judge Mary Ellen Coster Williams. (lg1, )
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                                                                                                                                          Legal Document 1 Filed: 1/10/2006, Entered: 1/11/2006 Complaint
                                                                                                                                          COMPLAINT against USA (TRE) ( Filing fee $250, Receipt number 064269), filed by RADIOSHACK CORPORATION.Answer Due by 3/13/2006. (Attachments: # (1) Civil Cover Sheet).
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