Case Details

CourtCourt of Federal Claims
Docket number1:06-cv-00305
Date case filed2006-04-19
Date case closed2011-11-04
Date of latest filing2008-08-21
Assigned toJudge Marian Blank Horn
Case cause28:1491 Tucker Act
Nature of suit210 Tax - Income, Corporate
Jury demandNone
Demand
JurisdictionU.S. Government Defendant

Case Parties

Party: CONSOLIDATED EDISON COMPANY OF NEW YORK, INC. & SUBSIDIARIES
Party type: Plaintiff
Attorney name: Thomas Carroll Durham
Attorney Contact:
Mayer, Brown, Rowe & Maw LLP
71 South Wacker Drive
Chicago, IL 60606
(312) 701-7216
Fax: (312) 706-9187
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: USA
Party type: Defendant
Attorney name: Cory Arthur Johnson
Attorney Contact:
U.S. Department of Justice - Tax Division
555 4th Street, N.W.
Room 8810
Washington, DC 20001
(202) 307-3046
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: David Neil Geier
Attorney Contact:
U.S. Department of Justice
Tax Division, Claims Court Section
P.O. Box 683
Ben Franklin Station
Washington, DC 20044-0026
(202) 616-3448
Fax: (202) 307-0054
Email: [email protected]
TERMINATED: 05/17/2010 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: W. C. Rapp
Attorney Contact:
United States Department of Justice - Tax Division
P.O. Box 26
Ben Franklin Station
Washington, DC 20044
(202) 307-0503
Fax: (202) 514-9440
Email: [email protected]
TERMINATED: 06/16/2010 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Joseph Andrew Sergi
Attorney Contact:
U.S. Department of Justice
Tax Division, Claims Court Section
P.O. Box 26
Ben Franklin Station
Washington, DC 20001
(202) 305-0868
Fax: (202) 307-0054
Email: [email protected]
TERMINATED: 05/31/2006 ATTORNEY TO BE NOTICED

Case Docket

Docket
Item
Date FiledDocument
Available
Short
Description
Long Description
12006-04-19 ComplaintCOMPLAINT against USA (TRE) ( Filing fee $250, Receipt number 064777), filed by CONSOLIDATED EDISON COMPANY OF NEW YORK, INC. & SUBSIDIARIES.Answer Due by 6/19/2006. (Attachments: # 1 Civil Cover Sheet)(lg1, ) (Entered: 04/20/2006)
1.1 Civil Cover Sheet
22006-04-19 Notice of AssignmentNOTICE of Assignment to Judge Marian Blank Horn. (lg1, ) (Entered: 04/20/2006)
32006-04-19 Notice of Designation of Electronic CaseNOTICE of Designation of Electronic Case. (lg1, ) (Entered: 04/20/2006)
42006-05-31 Notice of AppearanceNOTICE of Appearance by Joseph Andrew Sergi for USA. (Sergi, Joseph) (Entered: 05/31/2006)
52006-05-31 Notice of AppearanceNOTICE of Appearance by David Neil Geier for USA. (Geier, David) (Entered: 05/31/2006)
62006-06-16 Motion for Extension of Time to File AnswerFirst MOTION for Extension of Time until 7/19/2006 to File Answer re 1 Complaint, UNOPPOSED, filed by USA.Response due by 7/3/2006.(Sergi, Joseph) (Entered: 06/16/2006)
72006-06-19 Order on Motion for Extension of Time to AnswerORDER granting 6 Motion for Extension of Time to Answer, Answer due by 7/19/2006. Signed by Judge Marian Blank Horn.(sf1, ) (Entered: 06/19/2006)
82006-07-19 AnswerANSWER to 1 Complaint,, filed by USA.JPSR due by 9/11/2006.(Geier, David) (Entered: 07/19/2006)
92006-07-25 Discovery Scheduling OrderDISCOVERY SCHEDULING ORDER: Parties to file their joint preliminary status report by 9/11/06; Fact Discovery closes 2/23/2007; Joint Status Report due 3/2/2007. Signed by Judge Marian Blank Horn.(sf1) Modified on 7/25/2006 to include due date for JPSR. (dls ). (Entered: 07/25/2006)
102006-08-02 Amended Answer to ComplaintAMENDED ANSWER to 1 Complaint,, filed by USA. (Geier, David) (Entered: 08/02/2006)
112006-09-11 Joint Preliminary Status ReportJOINT PRELIMINARY STATUS REPORT. (Durham, Thomas) (Entered: 09/11/2006)
122006-09-13 Status Conference OrderSTATUS CONFERENCE ORDER: Status Conference set for 9/26/2006 10:30 AM in Chambers (Telephonic) before Judge Marian Blank Horn. Discovery closes 2/23/2007. Joint status Report due by 3/2/2007. Signed by Judge Marian Blank Horn. (ah1) (Entered: 09/13/2006)
132006-09-26 Trial Management OrderTRIAL MANAGEMENT ORDER: joint status reports due by 1/8/07, 3/2/07, and 7/6/07; fact discovery closes 2/23/2007; any amendments to the pleadings or Rule 14 motions due by 3/2/07; Expert discovery closes 6/29/2007; Joint Trial Exhibit Lists, Joint Witness Lists, Joint Statement of Issues of Fact and Law, Joint Stipulations and motions for leave to file transcripts of deposition testimony due by 8/10/2007; Pretrial Conference set for 9/11/2007 at 10:30 AM in Chambers (Telephonic) before Judge Marian Blank Horn; Trial set for 10/10/2007 at 9:00 AM, through 11/2/2007 in National Courts Building electronic courtroom before Judge Marian Blank Horn. Signed by Judge Marian Blank Horn. (rpc) Modified on 9/28/2006 to add additional due dates.(dls ). (Entered: 09/26/2006)
142007-01-08 Joint Status ReportJOINT STATUS REPORT, filed by all parties. (Durham, Thomas) (Entered: 01/08/2007)
152007-01-10 Discovery Scheduling OrderDISCOVERY SCHEDULING ORDER: Fact Discovery due by 6/22/2007. Joint Status Report due by 6/29/2007. Status Conference set for 9/11/2007 10:30 AM in Chambers (Telephonic) before Judge Marian Blank Horn. Signed by Judge Marian Blank Horn. (rpc) (Entered: 01/10/2007)
162007-03-08 Motion for Protective OrderMOTION for Protective Order with Memorandum, Affidavit, and Exhibits, filed by CONSOLIDATED EDISON COMPANY OF NEW YORK, INC. & SUBSIDIARIES.Response due by 3/26/2007. (Attachments: # 1 Exhibit Exhibit 1-6# 2 Exhibit Exhibit 6-13# 3 Exhibit Exhibit 14-15# 4 Exhibit Exhibit 16-17# 5 Exhibit Exhibit 18# 6 Exhibit Exhibit 19# 7 Exhibit Exhibit 20# 8 Exhibit Exhibit 21-24# 9 Exhibit Exhibit 25-26)(Durham, Thomas) (Entered: 03/08/2007)
16.1 Exhibit Exhibit 1-6
16.2 Exhibit Exhibit 6-13
16.3 Exhibit Exhibit 14-15
16.4 Exhibit Exhibit 16-17
16.5 Exhibit Exhibit 18
16.6 Exhibit Exhibit 19
16.7 Exhibit Exhibit 20
16.8 Exhibit Exhibit 21-24
16.9 Exhibit Exhibit 25-26
172007-03-12 Scheduling OrderSCHEDULING ORDER: Plaintiff's Revised Motion for Protective Order due by 3/20/2007. Defendant's response due by 4/9/2007. Plaintiff's reply due by 4/20/2007. Signed by Judge Marian Blank Horn. (rpc) (Entered: 03/12/2007)
182007-03-16 Motion for Protective OrderMOTION for Protective Order, filed by USA.Response due by 4/2/2007. (Attachments: # 1 Declaration of David N. Geier with Exhibits 1-10)(Geier, David) (Entered: 03/16/2007)
18.1 Declaration of David N. Geier with Exhibits 1-10
192007-03-19 Notice (Other)NOTICE, filed by CONSOLIDATED EDISON COMPANY OF NEW YORK, INC. & SUBSIDIARIES re 16 MOTION for Protective Order with Memorandum, Affidavit, and Exhibits (Durham, Thomas) (Entered: 03/19/2007)
202007-04-02 Response to MotionRESPONSE to 18 MOTION for Protective Order, filed by CONSOLIDATED EDISON COMPANY OF NEW YORK, INC. & SUBSIDIARIES.Reply due by 4/16/2007. (Attachments: # 1 Exhibit Exs. A-C# 2 Exhibit Ex. D# 3 Exhibit Exs. E-F# 4 Exhibit Exs. G-I)(Durham, Thomas) (Entered: 04/02/2007)
20.1 Exhibit Exs. A-C
20.2 Exhibit Ex. D
20.3 Exhibit Exs. E-F
20.4 Exhibit Exs. G-I
212007-04-03 Motion to CompelMOTION to Compel, filed by USA.Response due by 4/20/2007. (Attachments: # 1 Declaration of David N. Geier# 2 Exhibit A1 through A4# 3 Exhibit B1 through B7# 4 Exhibit C1 through C11# 5 Exhibit C12 through C16# 6 Exhibit D1)(Geier, David) (Entered: 04/03/2007)
21.1 Declaration of David N. Geier
21.2 Exhibit A1 through A4
21.3 Exhibit B1 through B7
21.4 Exhibit C1 through C11
21.5 Exhibit C12 through C16
21.6 Exhibit D1
222007-04-04 Motion to CompelSecond MOTION to Compel, filed by USA.Response due by 4/23/2007. (Attachments: # 1 Declaration of David N. Geier# 2 Exhibit A1 through A2# 3 Exhibit A3# 4 Exhibit A4 through A7# 5 Exhibit B1 through B6# 6 Exhibit C1 through C4# 7 Exhibit C5 through C16# 8 Exhibit D1)(Geier, David) (Entered: 04/04/2007)
22.1 Declaration of David N. Geier
22.2 Exhibit A1 through A2
22.3 Exhibit A3
22.4 Exhibit A4 through A7
22.5 Exhibit B1 through B6
22.6 Exhibit C1 through C4
22.7 Exhibit C5 through C16
22.8 Exhibit D1
232007-04-05 Motion for Issuance of Letters RogatoryMOTION for Issuance of Letters Rogatory /Request, filed by USA.Response due by 4/23/2007. (Attachments: # 1 Exhibit 1 (Letter of Request to Netherlands with Exhibits A and A1 through A5 attached)# 2 Exhibit 1 continued (Exhibits A6 through A9 and B to Letter of Request to Netherlands)# 3 Exhibit 1 continued (Exhibits C and C1 through C2 and D and D1 through D3 to Letter of Request to Netherlands)# 4 Exhibit 1 continued (Exhibits E and E1 and F and F1 through F11 to Letter of Request to Netherlands)# 5 Exhibit 2 (Letter of Request to England with Exhibits A and A1 through A11 attached)# 6 Exhibit 2 continued (Exhibits B and B1 through B11 and C and C1 through C4 to Letter of Request to England)# 7 Exhibit 3 (Letter of Request to Germany with Exhibits A and A1 through A4 attached)# 8 Exhibit 3 continued (Exhibits A5 through A6 pt. 1 to Letter of Request to Germany)# 9 Exhibit 3 continued (Exhibits A6 pt. 2 through A9 to Letter of Request to Germany)# 10 Exhibit 3 continued (Exhibits B and B1 through B3 to Letter of Request to Germany)# 11 Exhibit 4 (German Translation of Letter of Request), 5 (Slip Opinion), 6 (Discovery Response) and 7 (Discovery Response))(Geier, David) (Entered: 04/05/2007)
23.1 Exhibit 1 (Letter of Request to Netherlands with Exhibits A and A1 through A5 at
23.2 Exhibit 1 continued (Exhibits A6 through A9 and B to Letter of Request to Nether
23.3 Exhibit 1 continued (Exhibits C and C1 through C2 and D and D1 through D3 to Let
23.4 Exhibit 1 continued (Exhibits E and E1 and F and F1 through F11 to Letter of Req
23.5 Exhibit 2 (Letter of Request to England with Exhibits A and A1 through A11 attac
23.6 Exhibit 2 continued (Exhibits B and B1 through B11 and C and C1 through C4 to Le
23.7 Exhibit 3 (Letter of Request to Germany with Exhibits A and A1 through A4 attach
23.8 Exhibit 3 continued (Exhibits A5 through A6 pt. 1 to Letter of Request to German
23.9 Exhibit 3 continued (Exhibits A6 pt. 2 through A9 to Letter of Request to German
23.10 Exhibit 3 continued (Exhibits B and B1 through B3 to Letter of Request to German
23.11 Exhibit 4 (German Translation of Letter of Request), 5 (Slip Opinion), 6 (Discov
242007-04-11 Reply to Response to MotionREPLY to Response to Motion re 18 MOTION for Protective Order, filed by USA. (Geier, David) (Entered: 04/11/2007)
252007-04-18 Status Conference OrderSTATUS CONFERENCE ORDER:Status Conference set for 5/4/2007 10:30 AM in Chambers (Telephonic) before Judge Marian Blank Horn. Signed by Judge Marian Blank Horn. (rpc) (Entered: 04/18/2007)
262007-04-27 Response to MotionRESPONSE to 21 MOTION to Compel, filed by CONSOLIDATED EDISON COMPANY OF NEW YORK, INC. & SUBSIDIARIES.Reply due by 5/11/2007. (Attachments: # 1 Exhibit Ex.A-E# 2 Exhibit Ex. F-I)(Durham, Thomas) (Entered: 04/27/2007)
26.1 Exhibit Ex.A-E
26.2 Exhibit Ex. F-I
272007-04-27 Response to MotionRESPONSE to 23 MOTION for Issuance of Letters Rogatory /Request, filed by CONSOLIDATED EDISON COMPANY OF NEW YORK, INC. & SUBSIDIARIES.Reply due by 5/11/2007. (Durham, Thomas) (Entered: 04/27/2007)
282007-04-27 Response to MotionRESPONSE to 22 Second MOTION to Compel, filed by CONSOLIDATED EDISON COMPANY OF NEW YORK, INC. & SUBSIDIARIES.Reply due by 5/11/2007. (Attachments: # 1 Exhibit Ex. A-D# 2 Exhibit Ex. E-G# 3 Exhibit Ex. H-I)(Durham, Thomas) (Entered: 04/27/2007)
28.1 Exhibit Ex. A-D
28.2 Exhibit Ex. E-G
28.3 Exhibit Ex. H-I
292007-05-02 Reply to Response to MotionREPLY to Response to Motion re 23 MOTION for Issuance of Letters Rogatory /Request, 21 MOTION to Compel, 22 Second MOTION to Compel, filed by USA. (Attachments: # 1 Declaration of Joseph A. Sergi and Exhibits 1 through 6)(Geier, David) (Entered: 05/02/2007)
29.1 Declaration of Joseph A. Sergi and Exhibits 1 through 6
302007-05-07 Order on Motion for Issuance of Letters RogatoryORDER granting 23 Motion for Issuance of Letters Rogatory. Signed by Judge Marian Blank Horn. (rpc) (Entered: 05/07/2007)
312007-05-11 Notice (Other)NOTICE, filed by CONSOLIDATED EDISON COMPANY OF NEW YORK, INC. & SUBSIDIARIES re 30 Order on Motion for Issuance of Letters Rogatory (Durham, Thomas) (Entered: 05/11/2007)
322007-05-16 Joint Status ReportJOINT STATUS REPORT, filed by all parties. (Attachments: # 1 Exhibit Ex. A:A-1# 2 Exhibit Ex. A-2# 3 Exhibit Ex. A-3# 4 Exhibit Ex A-4 - D# 5 Exhibit Ex E-F)(Durham, Thomas) (Entered: 05/16/2007)
32.1 Exhibit Ex. A:A-1
32.2 Exhibit Ex. A-2
32.3 Exhibit Ex. A-3
32.4 Exhibit Ex A-4 - D
32.5 Exhibit Ex E-F
332007-05-16 TranscriptTRANSCRIPT of Proceedings (pages 1-69) held on May 15, 2007 before Judge Marian Blank Horn. (dw1) (Entered: 05/18/2007)
342007-05-22 Motion to Substitute Attorney (Consented)Consented MOTION to Substitute Attorney David F. Abbott in place of Thomas C. Durham, filed by CONSOLIDATED EDISON COMPANY OF NEW YORK, INC. & SUBSIDIARIES.(Durham, Thomas) (Entered: 05/22/2007)
352007-05-25 Notice (Other)NOTICE, filed by CONSOLIDATED EDISON COMPANY OF NEW YORK, INC. & SUBSIDIARIES re 30 Order on Motion for Issuance of Letters Rogatory (Attachments: # 1 Exhibit Ex 1# 2 Exhibit Ex 1 (cont.)# 3 Supplement Ex 2# 4 Exhibit Ex 2 (cont)# 5 Exhibit Ex 3)(Durham, Thomas) (Entered: 05/25/2007)
35.1 Exhibit Ex 1
35.2 Exhibit Ex 1 (cont.)
35.3 Supplement Ex 2
35.4 Exhibit Ex 2 (cont)
35.5 Exhibit Ex 3
362007-05-31 Status Conference OrderSTATUS CONFERENCE ORDER:Status Conference set for 6/6/2007 10:00 AM in Courtroom before Judge Marian Blank Horn. Signed by Judge Marian Blank Horn. (rpc) (Entered: 05/31/2007)
372007-06-07 StipulationSTIPULATION JOINT STIPULATED PROPOSED SCHEDULING ORDER, filed by all parties. (Geier, David) (Entered: 06/07/2007)
382007-06-11 Order on Motion for Protective OrderORDER granting in part and denying in part 18 Motion for Protective Order; granting 21 Motion to Compel. Fact Discovery closes by 8/31/2007. Expert Discovery closes by 9/14/2007. Joint Stipulation of Facts and Joint Statement of Issues of Law due by 8/31/2007. Joint Status Report due by 9/7/2007. RCFC Appendix A documents due by 9/19/2007. Pretrial Conference set for 9/26/2007 10:30 a.m. Trial set for 10/17/2007 9:00 a.m. in Courtroom 6, Washington, DC. Signed by Judge Marian Blank Horn. (rpc) (Entered: 06/11/2007)
392007-07-06 TranscriptTRANSCRIPT of Proceedings (pages 1-40) held on June 6, 2007 before Judge Marian Blank Horn. (dw1) (Entered: 07/10/2007)
402007-08-06 Scheduling OrderSCHEDULING ORDER:Fact Discovery due by 8/31/07, unless witnesses are re-deposed, with Fact Discovery then due by 9/07/07. Joint Stipulation of Facts and Joint Statement of Issues of Law both due by 9/7/07. Expert Discovery due by 9/21/07. Appendix A Filings due by 9/19/2007. Pretrial Conference set for 9/26/2007 10:30 AM in Chambers (Telephonic) before Judge Marian Blank Horn. Trial set for 10/17/2007 09:00 AM in electronic Courtroom 6 before Judge Marian Blank Horn. Signed by Judge Marian Blank Horn. (rpc, ) (Entered: 08/06/2007)
412007-08-22 Motion for Protective OrderUnopposed MOTION for Protective Order, filed by USA.Response due by 9/10/2007. (Attachments: # 1 Exhibit A)(Geier, David) (Entered: 08/22/2007)
41.1 Exhibit A
422007-08-30 Order on Motion for Protective OrderORDER granting 41 Motion for Protective Order Signed by Judge Marian Blank Horn. (rpc) (Entered: 08/30/2007)
432007-08-31 Scheduling OrderSCHEDULING ORDER:RCFC Appendix A Filings due by 9/21/2007. Pretrial Conference set for 9/26/2007 10:30 AM in Chambers (Telephonic) before Judge Marian Blank Horn. Trial set for 10/17/2007 09:00 AM in Courtroom 6 before Judge Marian Blank Horn. Signed by Judge Marian Blank Horn. (rpc) (Entered: 08/31/2007)
442007-09-14 StipulationJoint Statement of Issues of Law, filed by all parties. (Geier, David) Modified on 9/24/2007 to edit text. (Samler, Debbie). (Entered: 09/14/2007)
452007-09-21 Witness ListWitness List, filed by all parties. (Geier, David) (Entered: 09/21/2007)
462007-09-21 StipulationJoint Statement of Issues of Fact, filed by all parties. (Geier, David) Modified on 9/24/2007 to edit text. (Samler, Debbie). (Entered: 09/21/2007)
472007-09-21 Motion in LimineFirst MOTION in Limine FOR LEAVE TO FILE DEPOSITION TESTIMONY, filed by USA.Response due by 10/9/2007.(Geier, David) (Entered: 09/21/2007)
482007-09-22 StipulationSTIPULATION OF FACTS, filed by CONSOLIDATED EDISON COMPANY OF NEW YORK, INC. & SUBSIDIARIES. (Durham, Thomas) (Entered: 09/22/2007)
492007-09-25 Exhibit ListExhibit List of Defendant with Plaintiff's Objections, filed by all parties. (Durham, Thomas) (Entered: 09/25/2007)
502007-09-25 Exhibit ListExhibit List Plaintiff's Proposed Exhibits with DOJ's Objections, filed by all parties. (Durham, Thomas) (Entered: 09/25/2007)
512007-09-26 Exhibit ListExhibit List combined - joint, plaintiff, and defendant exhibits with objections, filed by all parties. (Durham, Thomas) (Entered: 09/26/2007)
522007-09-26 StipulationSTIPULATION updated to include joint exhibit numbers, filed by all parties. (Durham, Thomas) (Entered: 09/26/2007)
532007-09-26 OrderORDER Defendant's objections to Wilmington Trust Company documents to be filed by 9/28/2007; plaintiff's response to be filed by 10/4/2007. Revised joint statement of issues of law filed by 9/28/2007. Revised joint statement of issues of fact filed by 10/3/2007. Revised exhibit lists filed by 10/3/2007. Revised joint stipulation of facts filed by 10/3/2007. Joint, final statement of witnesses filed by 10/3/2007. Pre-trial briefs filed by 10/5/2007. Trial commences 10/17/2007 10:30 AM, courtroom 5, National Courts Building. Signed by Judge Marian Blank Horn. (rpc) (Entered: 09/26/2007)
542007-09-28 StipulationSTIPULATION Joint Statement -- Issues of Law, filed by all parties. (Geier, David) (Entered: 09/28/2007)
552007-10-02 Exhibit ListExhibit List, filed by all parties. (Durham, Thomas) (Entered: 10/02/2007)
562007-10-03 Witness ListWitness List, filed by all parties. (Durham, Thomas) (Entered: 10/03/2007)
572007-10-03 StipulationSTIPULATION of Facts, filed by all parties. (Durham, Thomas) (Entered: 10/03/2007)
582007-10-03 Response to MotionRESPONSE to 47 First MOTION in Limine FOR LEAVE TO FILE DEPOSITION TESTIMONY, filed by CONSOLIDATED EDISON COMPANY OF NEW YORK, INC. & SUBSIDIARIES.Reply due by 10/18/2007. (Durham, Thomas) (Entered: 10/03/2007)
592007-10-03 StipulationSTIPULATION re 53 Order,, Joint Statement of Issues of Fact, filed by all parties. (Durham, Thomas) (Entered: 10/03/2007)
602007-10-05 Trial BriefTRIAL BRIEF, filed by USA. (Geier, David) (Entered: 10/05/2007)
612007-10-05 Trial BriefTRIAL BRIEF Pre-Trial Brief, filed by all plaintiffs. (Durham, Thomas) (Entered: 10/05/2007)
622007-10-15 Motion for Leave to FileMOTION for Leave to File exhibit 20203, filed by USA.Response due by 11/1/2007. (Attachments: # 1 Exhibit)(Geier, David) (Entered: 10/15/2007)
62.1 *Restricted*
632007-10-16 Response to MotionRESPONSE to 62 MOTION for Leave to File exhibit 20203, filed by CONSOLIDATED EDISON COMPANY OF NEW YORK, INC. & SUBSIDIARIES.Reply due by 10/29/2007. (Durham, Thomas) (Entered: 10/16/2007)
642007-10-22 TranscriptTRANSCRIPT of Proceedings (pages 1-706) held on October 17-19, 2007 before Judge Marian Blank Horn. (dw1) (Entered: 10/22/2007)
652007-10-24 TranscriptTRANSCRIPT of Proceedings (pages 707-1240) held on October 22-23, 2007 before Judge Marian Blank Horn. (dw1) (Entered: 10/24/2007)
662007-10-25 TranscriptTRANSCRIPT of Proceedings (pages 1241-1476) held on October 24, 2007 before Judge Marian Blank Horn. (dw1) (Entered: 10/25/2007)
672007-10-26 TranscriptTRANSCRIPT of Proceedings (pages 1477-1667) held on October 25, 2007 before Judge Marian Blank Horn. (dw1) (Entered: 10/26/2007)
682007-10-29 TranscriptTRANSCRIPT of Proceedings (pages 1668-1886) held on October 26, 2007 before Judge Marian Blank Horn. (dw1) (Entered: 10/29/2007)
692007-10-30 TranscriptTRANSCRIPT of Proceedings (pages 1887-2043) held on October 29, 2007 before Judge Marian Blank Horn. (dw1) (Entered: 10/30/2007)
702007-10-31 TranscriptTRANSCRIPT of Proceedings (pages 2044-2266) held on October 30, 2007 before Judge Marian Blank Horn. (dw1) (Entered: 10/31/2007)
712007-11-01 TranscriptTRANSCRIPT of Proceedings (pages 2267-2483) held on October 31, 2007 before Judge Marian Blank Horn. (dw1) (Entered: 11/02/2007)
722007-11-02 TranscriptTRANSCRIPT of Proceedings (pages 2484-2672) held on 11/1/2007 before Judge Marian Blank Horn. (mb2) (Entered: 11/04/2007)
732007-11-05 Motion for Miscellaneous ReliefMOTION Restriction of Examination of witness at trial, filed by CONSOLIDATED EDISON COMPANY OF NEW YORK, INC. & SUBSIDIARIES.Response due by 11/23/2007. (Attachments: # 1 Memorandum re evidentiary disputes with respect to the government's spoliation of evidence claim)(Madsen, Marcia) (Entered: 11/05/2007)
73.1 Memorandum re evidentiary disputes with respect to the government's spolia
742007-11-06 TranscriptTRANSCRIPT of Proceedings (pages 2673-2886) held on November 5, 2007 before Judge Marian Blank Horn. (mb2) (Entered: 11/06/2007)
752007-11-06 Response to MotionRESPONSE to 73 MOTION Restriction of Examination of witness at trial, filed by USA.Reply due by 11/19/2007. (Geier, David) (Entered: 11/06/2007)
762007-11-07 TranscriptTRANSCRIPT of Proceedings held on November 6, 2007 before Judge Marian Blank Horn. (mb2) (Entered: 11/07/2007)
772007-11-08 TranscriptTRANSCRIPT of Proceedings (pages 3078-3285) held on November 7, 2007 before Judge Marian Blank Horn. (mb2) (Entered: 11/08/2007)
782007-11-09 TranscriptTRANSCRIPT of Proceedings (pages 3286-3502) held on November 8, 2007 before Judge Marian Blank Horn. (mb2) (Entered: 11/09/2007)
792007-11-13 TranscriptTRANSCRIPT of Proceedings (pages 3503-4052) held on November 9, 2007 through November 12, 2007 before Judge Marian Blank Horn. (mb2) (Entered: 11/14/2007)
802007-11-14 StipulationSTIPULATION of Facts, Joint Request to Amend Stip. Para. 231, filed by all parties. (Durham, Thomas) (Entered: 11/14/2007)
812007-11-14 Notice (Other)NOTICE, filed by USA Statement of Spoliation Claim (Geier, David) (Entered: 11/14/2007)
822007-11-14 TranscriptTRANSCRIPT of Proceedings (pages 4053-4317) held on November 13, 2007 before Judge Marian Blank Horn. (mb2) (Entered: 11/15/2007)
832007-11-15 Motion for Judgment on Partial FindingsMOTION for Judgment on Partial Findings Dismissing the Government's Spoliation Claim, filed by CONSOLIDATED EDISON COMPANY OF NEW YORK, INC. & SUBSIDIARIES.Response due by 12/17/2007.(Durham, Thomas) (Entered: 11/15/2007)
842007-11-15 MemorandumMEMORANDUM, filed by CONSOLIDATED EDISON COMPANY OF NEW YORK, INC. & SUBSIDIARIES. (Durham, Thomas) (Entered: 11/15/2007)
852007-11-15 Notice (Other)NOTICE, filed by USA Amended Statement of Spoliation Claim (Geier, David) (Entered: 11/15/2007)
862007-11-15 TranscriptTRANSCRIPT of Proceedings (pages 4218-4597) held on November 14, 2007 before Judge Marian Blank Horn. (mb2) (Entered: 11/16/2007)
872007-11-16 TranscriptTRANSCRIPT of Proceedings (pages 4598-4768) held on November 15, 2007 before Judge Marian Blank Horn. (dw1) (Entered: 11/21/2007)
882007-11-19 TranscriptTRANSCRIPT of Proceedings (pages 4769-4994) held on November 16, 2007 before Judge Marian Blank Horn. (dw1) (Entered: 11/21/2007)
892007-11-22 MemorandumMEMORANDUM, filed by USA. (Geier, David) (Entered: 11/22/2007)
902007-11-27 TranscriptTRANSCRIPT of Proceedings (pages 4995-5276) held on November 27, 2007 before Judge Marian Blank Horn. (dw1) (Entered: 11/29/2007)
912007-11-29 TranscriptTRANSCRIPT of Proceedings (pages 5277-5412) held on November 28, 2007 before Judge Marian Blank Horn. (dw1) (Entered: 11/30/2007)
922007-12-05 OrderORDER On evidence: defendant brief by 12/13/07, plaintiff response by 1/3/08, defendant reply by 1/11/08. Status conference set for 1/18/08 12:30 PM in chambers (telephonic). Briefing schedule: opening briefs by 3/31/08, and reply briefs by 5/19/08. Closing argument set for 6/19/08 09:30 AM in courtroom. Signed by Judge Marian Blank Horn. (rpc) (Entered: 12/05/2007)
932007-12-13 Post Trial BriefPOST TRIAL BRIEF IN SUPPORT OF THE UNITED STATES' SPOLIATION CLAIM, filed by USA. (Attachments: # 1 Exhibit)(Geier, David) (Entered: 12/13/2007)
93.1 Exhibit
942008-01-03 Motion for Judgment on Partial FindingsMOTION for Judgment on Partial Findings Memorandum in Support and in Opposition to Government's Brief Regarding Defendant's Spoliation Claim, filed by CONSOLIDATED EDISON COMPANY OF NEW YORK, INC. & SUBSIDIARIES.Response due by 2/4/2008.(Madsen, Marcia) (Entered: 01/03/2008)
952008-01-11 Reply to Response to MotionREPLY to Response to Motion re 94 MOTION for Judgment on Partial Findings Memorandum in Support and in Opposition to Government's Brief Regarding Defendant's Spoliation Claim, filed by USA. (Attachments: # 1 Exhibit 1# 2 Exhibit 2)(Geier, David) (Entered: 01/11/2008)
95.1 Exhibit 1
95.2 Exhibit 2
962008-02-22 Status ReportSTATUS REPORT, filed by all parties. (Attachments: # 1 Attachment)(Geier, David) (Entered: 02/22/2008)
96.1 Attachment
972008-03-03 Transcript - Cumulative IndexCumulative Index for TRANSCRIPT of Proceedings (pages 1-99) held on October 17, 2007 through November 28, 2007. Filed with joint exhibits and defendants exhibits. See attached list. (Attachments: # 1 Exhibit) (dw1) (Entered: 03/04/2008)
97.1 Exhibit
982008-03-25 OrderORDER: Simultaneous opening briefs due by 4/7/2008. Simultaneous reply briefs due by 5/23/2008. Oral argument remains set for 6/19/2008 9:30 a.m., in courtroom 5, National Courts Building, Washington, DC. Signed by Judge Marian Blank Horn. (rpc) (Entered: 03/25/2008)
992008-04-07 Post Trial BriefPOST TRIAL BRIEF, filed by USA. (Geier, David) (Entered: 04/07/2008)
1002008-04-07 Post Trial BriefPOST TRIAL BRIEF, filed by CONSOLIDATED EDISON COMPANY OF NEW YORK, INC. & SUBSIDIARIES. (Attachments: # 1 Part 2# 2 Part 3# 3 Part 4# 4 Part 5# 5 Part 6# 6 Part 7)(Durham, Thomas) (Entered: 04/07/2008)
100.1 Part 2
100.2 Part 3
100.3 Part 4
100.4 Part 5
100.5 Part 6
100.6 Part 7
1012008-05-06 Status ReportSTATUS REPORT, filed by USA. (Geier, David) (Entered: 05/06/2008)
1022008-05-08 OrderORDER: Simultaneous reply briefs due by 6/27/08. Submit two courtesy paper copies of all post-trial briefs. Oral argument is set for 7/22/08 10:30 AM in a courtroom at the National Courts Building, Washington, DC. Signed by Judge Marian Blank Horn. (rpc) (Entered: 05/08/2008)
1032008-06-27 Post Trial BriefPOST TRIAL REPLY BRIEF , filed by all plaintiffs. (Attachments: # 1 cont. of brief, # 2 cont. of brief, # 3 cont. of brief, # 4 Appendix, # 5 Appendix)(Durham, Thomas) (Entered: 06/27/2008)
103.1 cont. of brief
103.2 cont. of brief
103.3 cont. of brief
103.4 Appendix
103.5 Appendix
1042008-06-27 Post Trial BriefPOST TRIAL REPLY BRIEF, filed by USA. (Geier, David) (Entered: 06/27/2008)
1052008-07-29 OrderORDER directing Defendant to file a report re: letter from plaintiff's counsel by 8/5/2008. Closing Argument set for 8/13/2008 at 10:30 am EDT in a courtroom at the National Courts Building. Signed by Judge Marian Blank Horn. (rpc) (Entered: 07/29/2008)
1062008-08-05 Notice (Other)NOTICE, filed by USA re 105 Order, re: Plaintiff's letter dated July 17, 2008 (Geier, David) (Entered: 08/05/2008)
1072008-08-21 Notice Of Filing Of Official TranscriptNotice Of Filing Of Official Transcript for proceedings held on August 13, 2008 in Washington, DC. (dw1) (dw1). (Entered: 08/28/2008)
1082008-08-21 TranscriptTRANSCRIPT of Proceedings (pages 1-127) held on August 13, 2008 before Judge Marian Blank Horn. Procedures Re: Electronic Transcripts and Redactions. For copy, contact Heritage Court Reporting, (202) 628-4888. Forms to Request Transcripts. Notice of Intent to Redact due 8/28/2008. Redacted Transcript Deadline set for 9/29/2008. Release of Transcript Restriction set for 11/26/2008. (dw1) (Entered: 08/28/2008)
1092008-11-26 NOTICE, filed by USA of Recent Decision (Attachments: # 1 Exhibit A)(Geier, David) (Entered: 11/26/2008)
1102009-03-31 NOTICE, filed by CONSOLIDATED EDISON COMPANY OF NEW YORK, INC. & SUBSIDIARIES of Recent Decision (Abbott, David) (Entered: 03/31/2009)
1112009-07-10 NOTICE, filed by USA of Recent Activity (Geier, David) (Entered: 07/10/2009)
1122009-08-26 ORDER: Response due by 9/4/09. Signed by Judge Marian Blank Horn. (sb4) (Entered: 08/26/2009)
1132009-09-04 STATUS REPORT Pursuant to the Courts August 26th Order, filed by USA. (Geier, David) (Entered: 09/04/2009)
1142009-09-04 MEMORANDUM, filed by CONSOLIDATED EDISON COMPANY OF NEW YORK, INC. & SUBSIDIARIES. (Attachments: # 1 Declaration of David F. Abbott, # 2 Exhibits Nos. 1-8 to Memorandum)(Abbott, David) (Entered: 09/04/2009)
1152009-09-17 NOTICE, filed by CONSOLIDATED EDISON COMPANY OF NEW YORK, INC. & SUBSIDIARIES of Recent Decision (Abbott, David) (Entered: 09/17/2009)
1162009-09-21 Unopposed MOTION for Leave to File Supplemental Response to Court's Order Dated August 26, 2009, filed by CONSOLIDATED EDISON COMPANY OF NEW YORK, INC. & SUBSIDIARIES.Response due by 10/8/2009.(Abbott, David) (Entered: 09/21/2009)
1172009-09-23 ORDER granting 116 Motion for Leave to File short supplement by 9/24/2009 05:00 PM. Signed by Judge Marian Blank Horn. (rpc) (Entered: 09/23/2009)
1182009-09-24 SUPPLEMENTAL BRIEF, filed by USA. (Geier, David) (Entered: 09/24/2009)
1192009-09-24 RESPONSE to 117 Order on Motion for Leave to File Supplemental Response, filed by CONSOLIDATED EDISON COMPANY OF NEW YORK, INC. & SUBSIDIARIES. (Abbott, David) (Entered: 09/24/2009)
1202009-10-21 PUBLISHED OPINION: Ruling in favor of Plaintiff. Signed by Judge Marian Blank Horn. (rpc) (Entered: 10/21/2009)
1212009-10-22 ORDER: Joint Statement of Damages due by 11/10/2009. Status conference set for 11/12/2009 02:30 PM. Signed by Judge Marian Blank Horn. (jm5) (Entered: 10/22/2009)
1222009-11-09 ORDER: Joint Statement of Damages due by 12/10/2009. Status Conference set for 12/15/2009 10:30 AM in Chambers with Judge Marian Blank Horn. Signed by Judge Marian Blank Horn. (rpc) (Entered: 11/09/2009)
1232009-12-10 JOINT STATUS REPORT Joint Statement of Damages, filed by CONSOLIDATED EDISON COMPANY OF NEW YORK, INC. & SUBSIDIARIES, USA. (Abbott, David) (Entered: 12/10/2009)
1242009-12-11 ORDER: Cancelling Status Conference. Joint Statement of Damages due by 1/15/2010. Signed by Judge Marian Blank Horn. (jm5) (Entered: 12/11/2009)
1252010-01-15 **SEALED** JOINT Statement of Damages, filed by CONSOLIDATED EDISON COMPANY OF NEW YORK, INC. & SUBSIDIARIES, USA. (Attachments: # 1 Exhibit Exhibits A-B, # 2 Exhibit Exhibits 1-10, # 3 Exhibit Exhibits 11-12)(Abbott, David) Modified on 1/18/2010 to seal document.(dls). (Entered: 01/15/2010)
1262010-01-18 ORDER: Amended Joint Statement of Damages due by 1/22/2010. Notice of sensitive information due by 1/22/2010. Signed by Judge Marian Blank Horn. (rpc) (Entered: 01/18/2010)
1272010-01-22 JOINT STATUS REPORT Amended Joint Statement of Damages, filed by CONSOLIDATED EDISON COMPANY OF NEW YORK, INC. & SUBSIDIARIES, USA. (Abbott, David) (Entered: 01/22/2010)
1282010-01-25 STATUS CONFERENCE ORDER: Status Conference set for 2/10/2010 10:30 AM in Chambers (Telephonic) before Judge Marian Blank Horn. Signed by Judge Marian Blank Horn. (jm5) (Entered: 01/25/2010)
1292010-02-02 STATUS CONFERENCE ORDER: Status Conference set for 2/10/2010 10:30 AM before Judge Marian Blank Horn. Parties submissions due by 2/5/2010. Signed by Judge Marian Blank Horn. (jm5) (Entered: 02/02/2010)
1302010-02-05 MOTION for Leave to File Amended Complaint, filed by CONSOLIDATED EDISON COMPANY OF NEW YORK, INC. & SUBSIDIARIES.Response due by 2/22/2010. (Attachments: # 1 Exhibit Attachment A)(Abbott, David) (Entered: 02/05/2010)
1312010-02-09 ORDER. Propose conference dates by 2/23/2010. Signed by Judge Marian Blank Horn. (rpc) (Entered: 02/09/2010)
1322010-02-24 STATUS CONFERENCE ORDER: Status Conference set for 3/4/2010, 10:30 AM before Judge Marian Blank Horn. Signed by Judge Marian Blank Horn. (jm5) (Entered: 02/24/2010)
1332010-03-03 STATUS CONFERENCE ORDER: Status Conference set for 3/10/2010 10:30 AM before Judge Marian Blank Horn. Signed by Judge Marian Blank Horn. (jm5) (Entered: 03/03/2010)
1342010-03-10 ORDER: Consolidating cases. Signed by Judge Marian Blank Horn. (jm5) (Entered: 03/10/2010)
1352010-03-10 ORDER: Oral Argument set for 5/12/2010, 10:30 am before Judge Marian Blank Horn. Signed by Judge Marian Blank Horn. (jm5) (Entered: 03/10/2010)
1362010-03-15 Notice Of Filing Of Certified Transcript for proceedings held on March 10, 2010 in Washington, DC. (dw1) (Entered: 03/15/2010)
1372010-03-15 TRANSCRIPT of Proceedings (pages 1-71) held on March 10, 2010 before Judge Marian Blank Horn. Procedures Re: Electronic Transcripts and Redactions. For copy, contact Heritage Court Reporting, (202) 628-4888. Forms to Request Transcripts. Notice of Intent to Redact due 3/22/2010. Redacted Transcript Deadline set for 4/15/2010. Release of Transcript Restriction set for 6/14/2010. (dw1) (Entered: 03/15/2010)
1382010-03-31 RESPONSE to 130 MOTION for Leave to File Amended Complaint, filed by USA.Reply due by 4/12/2010. (Attachments: # 1 Appendix Exhibit A)(Geier, David) (Entered: 03/31/2010)
1392010-04-21 REPLY to Response to Motion re 130 MOTION for Leave to File Amended Complaint, filed by CONSOLIDATED EDISON COMPANY OF NEW YORK, INC. & SUBSIDIARIES. (Abbott, David) (Entered: 04/21/2010)
1402010-05-13 ORDER. Amended complaint filed by 5/19/2010. Answer to amended complaint filed by 7/19/2010. Status Conference set for 7/22/2010 10:30 AM with Judge Marian Blank Horn. Signed by Judge Marian Blank Horn. (rpc) (Entered: 05/13/2010)
1412010-05-17 NOTICE of Appearance by W. C. Rapp for USA. (Rapp, W.) (Entered: 05/17/2010)
1422010-05-18 Notice Of Filing Of Certified Transcript for proceedings held on May 12, 2010 in Washington, DC. (dw1) (Entered: 05/18/2010)
1432010-05-18 TRANSCRIPT of Proceedings (pages 1-182) held on May 12, 2010 before Judge Marian Blank Horn. Procedures Re: Electronic Transcripts and Redactions. For copy, contact Heritage Court Reporting, (202) 628-4888. Forms to Request Transcripts. Notice of Intent to Redact due 5/25/2010. Redacted Transcript Deadline set for 6/18/2010. Release of Transcript Restriction set for 8/16/2010. (dw1) (Entered: 05/18/2010)
1442010-05-19 AMENDED COMPLAINT First Amended Complaint against.Answer due by 7/19/2010. (Attachments: # 1 Exhibit Exhibits A-G)(Abbott, David) (Entered: 05/19/2010)
1452010-06-16 NOTICE of Appearance by Cory Arthur Johnson for USA. (Johnson, Cory) (Entered: 06/16/2010)
1462010-07-09 ORDER: Status Conference reset for 7/21/2010 10:30 AM (from 7/22/2010 10:30 AM). Signed by Judge Marian Blank Horn. (rpc) (Entered: 07/09/2010)
1472010-07-19 ANSWER to 144 Amended Complaint, filed by USA.JPSR due by 9/9/2010.(Johnson, Cory) (Entered: 07/19/2010)
1482010-07-21 STATUS REPORT ORDER: Joint Status Reports due 8/6/2010, 9/10/10, 10/8/10, 11/12/10, 12/10/10, and 1/6/11. Signed by Judge Marian Blank Horn. (jm5) (Entered: 07/21/2010)
1492010-08-06 JOINT STATUS REPORT, filed by CONSOLIDATED EDISON COMPANY OF NEW YORK, INC. & SUBSIDIARIES, USA. (Abbott, David) (Entered: 08/06/2010)
1502010-09-10 JOINT STATUS REPORT, filed by CONSOLIDATED EDISON COMPANY OF NEW YORK, INC. & SUBSIDIARIES, USA. (Abbott, David) (Entered: 09/10/2010)
1512010-10-05 ORDER Joint Status Report now due Tuesday October 12, 2010. Signed by Judge Marian Blank Horn.(vh1) (Entered: 10/05/2010)
1522010-10-12 JOINT STATUS REPORT, filed by CONSOLIDATED EDISON COMPANY OF NEW YORK, INC. & SUBSIDIARIES, USA. (Abbott, David) (Entered: 10/12/2010)
1532010-11-10 JOINT STATUS REPORT, filed by CONSOLIDATED EDISON COMPANY OF NEW YORK, INC. & SUBSIDIARIES, USA. (Abbott, David) (Entered: 11/10/2010)
1542010-12-10 JOINT STATUS REPORT, filed by CONSOLIDATED EDISON COMPANY OF NEW YORK, INC. & SUBSIDIARIES, USA. (Abbott, David) (Entered: 12/10/2010)
1552011-01-06 JOINT STATUS REPORT, filed by CONSOLIDATED EDISON COMPANY OF NEW YORK, INC. & SUBSIDIARIES, USA. (Abbott, David) (Entered: 01/06/2011)
1562011-01-12 STATUS REPORT ORDER: Joint Status Reports due by 2/16/2011, 3/16/2011. Status Conference scheduled for 10:30 am on 3/23/11. Signed by Judge Marian Blank Horn. (jm5) (Entered: 01/12/2011)
1572011-02-11 JOINT STATUS REPORT, filed by CONSOLIDATED EDISON COMPANY OF NEW YORK, INC. & SUBSIDIARIES, USA. (Abbott, David) (Entered: 02/11/2011)
1582011-03-16 JOINT STATUS REPORT, filed by USA. (Johnson, Cory) (Entered: 03/16/2011)
1592011-03-23 ORDER: Defendant status report due by 5/4/2011. Status conference set for 6/15/2011, 10:30 AM. Signed by Judge Marian Blank Horn. (jm5) Copy to parties. (Entered: 03/23/2011)
1602011-05-04 STATUS REPORT, filed by USA. (Johnson, Cory) (Entered: 05/04/2011)
1612011-06-15 ORDER: Status conference set for 7/28/2011, 10:30 AM. Signed by Judge Marian Blank Horn. (jm5) Copy to parties. (Entered: 06/15/2011)
1622011-07-19 ORDER: Status conference rescheduled for 8/16/2011, 10:30 AM. Signed by Judge Marian Blank Horn. (jm5) Copy to parties. (Entered: 07/19/2011)
1632011-07-20 ORDER: Status conference rescheduled for 8/23/2011, 10:30 AM. Signed by Judge Marian Blank Horn. (jm5) Copy to parties. (Entered: 07/20/2011)
1642011-08-23 ORDER: Defendant's status reports due by 9/13/2011 and 10/4/11. Defendant's estimate of fees and costs due to plaintiff by 9/6/2011. Signed by Judge Marian Blank Horn. (jm5) Copy to parties. (Entered: 08/23/2011)
1652011-09-13 STATUS REPORT, filed by USA. (Johnson, Cory) (Entered: 09/13/2011)
1662011-09-23 NOTICE, filed by CONSOLIDATED EDISON COMPANY OF NEW YORK, INC. & SUBSIDIARIES, USA re 164 Order Regarding Fees Pursuant to the Order of August 23, 2011 (Abbott, David) (Entered: 09/23/2011)
1672011-09-30 ORDER: Status Conference set for 10/5/2011, 10:00 AM. Signed by Judge Marian Blank Horn. (jm5) Copy to parties. (Entered: 09/30/2011)
1682011-10-04 STATUS REPORT, filed by USA. (Johnson, Cory) (Entered: 10/04/2011)
1692011-10-04 ORDER: Status conference set for 10/5/2011 is cancelled. Status conference set for 10/31/2011, 10:30 AM. Signed by Judge Marian Blank Horn. (jm5) Copy to parties. (Entered: 10/04/2011)
1702011-10-24 STATUS REPORT Regarding Partial Settlement, filed by USA. (Johnson, Cory) (Entered: 10/24/2011)
1712011-10-25 ORDER: Status conference set for 10/31/2011, 10:30 AM. Signed by Judge Marian Blank Horn. (jm5) Copy to parties. (Entered: 10/25/2011)
1722011-10-31 ORDER: Joint Submission due by 11/4/2011. Signed by Judge Marian Blank Horn. (jm5) Copy to parties. (Entered: 10/31/2011)
1732011-11-04 STIPULATION re 172 Order for Amount of Final Judgment, filed by CONSOLIDATED EDISON COMPANY OF NEW YORK, INC. & SUBSIDIARIES, USA. (Abbott, David) (Entered: 11/04/2011)
1742011-11-04 ORDER. The Clerk is directed to enter judgment. Signed by Judge Marian Blank Horn. (jm5) Copy to parties. (Entered: 11/04/2011)
1752011-11-04 JUDGMENT entered pursuant to Rule 58, that the plaintiff recover of and from the United States the sum of $5,977,220.09 representing overpayment for its 1997 federal income tax year, consisting of: 1. An overpayment of tax of $328,066.00; 2. An overpayment of previously-paid, assessed interest of $3,226,868.90; and 3. A preexisting credit balance of $2,422,285.19. Interest is awarded as allowed by law from July 19, 2006.(Copy to parties) (lld) (Entered: 11/04/2011)
1762011-12-29 NOTICE OF APPEAL, filed by USA. Copies to judge, opposing party and CAFC. (hw1) (Entered: 01/03/2012)
1772013-01-09 Decision of the Court of Appeals for the Federal Circuit. The attached opinion announcing the judgment of the court in your case was filed and judgment was entered on the date indicated above. The mandate will be issued in due course, approximately due by 3/7/2013. (Attachments: # 1 Supplement)(dw1) (Entered: 01/10/2013)
1782013-04-03 MANDATE of CAFC reversing 174 Published Opinion/Order directing the Clerk to enter judgment and remanding back to US Court of Federal Claims. (hw1) (Entered: 04/03/2013)
1792013-04-04 ORDER: Status Conference set for 4/17/2013, 2:30 PM. Signed by Judge Marian Blank Horn. (jm5) Copy to parties. (Entered: 04/04/2013)
1802013-04-17 ORDER: Joint Status Report due by 7/1/2013. Signed by Judge Marian Blank Horn. (jm5) Copy to parties. (Entered: 04/17/2013)
1812013-07-01 JOINT STATUS REPORT , filed by All Parties. (Abbott, David) (Entered: 07/01/2013)
1822013-07-01 ORDER: Joint Status Report due by 8/30/2013. Signed by Judge Marian Blank Horn. (jm5) Copy to parties. (Entered: 07/01/2013)