FEDERAL TRADE COMMISSION v. ARCH COAL, INC. et al
Plaintiff: FEDERAL TRADE COMMISSION
Defendant: TRITON COAL COMPANY, LLC, ARCH COAL, INC. and NEW VULCAN COAL HOLDINGS, LLC
Amicus Curiae: PETER KIEWIT SONS, INC.
Interested Party: OKLAHOMA GAS & ELECTRIC COMPANY, AMERICAN ELECTRIC POWER SERVICE CORPORATION and EDISON MISSION ENERGY FUEL SERVICES, INCORPORATED
Case Number: 1:2004cv00534
Filed: April 1, 2004
Court: US District Court for the District of Columbia
Office: Washington, DC Office
Presiding Judge: John D Bates
Nature of Suit: Anti-Trust
Cause of Action: 15 U.S.C. § 53 b
Jury Demanded By: None
Docket Report

This docket was last retrieved on October 31, 2016. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 31, 2016 Filing 140 TRANSCRIPT OF 8/31/04 TELEPHONE CONFERENCE before Judge John D. Bates. Page Numbers: 1-10. Date of Issuance: 10/31/16. Court Reporter: Bryan A. Wayne. Transcripts may be ordered by submitting the #Tra nscript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 11/21/2016. Redacted Transcript Deadline set for 12/1/2016. Release of Transcript Restriction set for 1/29/2017.(Wayne, Bryan)
October 31, 2016 Filing 139 TRANSCRIPT OF 8/16/04 STATUS HEARING before Judge John D. Bates held on August 16, 2004. Page Numbers: 1-33. Date of Issuance: 10/31/16. Court Reporter: Bryan A. Wayne. Transcripts may be ordered by submitting the #Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcr ipt may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 11/21/2016. Redacted Transcript Deadline set for 12/1/2016. Release of Transcript Restriction set for 1/29/2017.(Wayne, Bryan)
October 31, 2016 Filing 138 TRANSCRIPT OF 8/10/04 TELEPHONE CONFERENCE before Judge John D. Bates held on August 10, 2004. Page Numbers: 1-23. Date of Issuance: 10/31/16. Court Reporter: Bryan A. Wayne. Transcripts may be ordered by submitting the #Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the t ranscript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 11/21/2016. Redacted Transcript Deadline set for 12/1/2016. Release of Transcript Restriction set for 1/29/2017.(Wayne, Bryan)
October 31, 2016 Filing 137 TRANSCRIPT OF P.I. HEARING, DAY 11, before Judge John D. Bates, held on July 20, 2004. Page Numbers: 1-154. Date of Issuance: 10/31/16. Court Reporter: Bryan A. Wayne. Transcripts may be ordered by submitting the #Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcri pt may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 11/21/2016. Redacted Transcript Deadline set for 12/1/2016. Release of Transcript Restriction set for 1/29/2017.(Wayne, Bryan)
October 31, 2016 Filing 136 TRANSCRIPT OF P.I. HEARING, DAY 10 - P.M., before Judge John D. Bates, held on July 7, 2004. Page Numbers: 1-124. Date of Issuance: 10/31/16. Court Reporter: Bryan A. Wayne. Transcripts may be ordered by submitting the #Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the tr anscript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 11/21/2016. Redacted Transcript Deadline set for 12/1/2016. Release of Transcript Restriction set for 1/29/2017.(Wayne, Bryan)
October 31, 2016 Filing 135 TRANSCRIPT OF P.I. HEARING, DAY 10 - A.M., before Judge John D. Bates, held on July 7, 2004. Page Numbers: 1-82. Date of Issuance: 10/31/16. Court Reporter: Bryan A. Wayne. Transcripts may be ordered by submitting the #Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the tra nscript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 11/21/2016. Redacted Transcript Deadline set for 12/1/2016. Release of Transcript Restriction set for 1/29/2017.(Wayne, Bryan)
October 31, 2016 Filing 134 TRANSCRIPT OF P.I. HEARING, DAY 9, before Judge John D. Bates, held on July 1, 2004. Page Numbers: 1-122. Date of Issuance: 10/31/16. Court Reporter: Bryan A. Wayne. Transcripts may be ordered by submitting the #Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 11/21/2016. Redacted Transcript Deadline set for 12/1/2016. Release of Transcript Restriction set for 1/29/2017.(Wayne, Bryan)
October 31, 2016 Filing 133 TRANSCRIPT OF P.I. HEARING, DAY 8 - P.M., before Judge John D. Bates, held on June 30, 2004. Page Numbers: 1-126. Date of Issuance: 10/31/16. Court Reporter: Judy Brown. Transcripts may be ordered by submitting the #Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transc ript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 11/21/2016. Redacted Transcript Deadline set for 12/1/2016. Release of Transcript Restriction set for 1/29/2017.(Wayne, Bryan)
October 31, 2016 Filing 132 TRANSCRIPT OF P.I. HEARING, DAY 7 (Open Session), before Judge John D. Bates held on June 29, 2004. Page Numbers: 1-15. Date of Issuance: 10/31/16. Court Reporter: Bryan A. Wayne. Transcripts may be ordered by submitting the #Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 11/21/2016. Redacted Transcript Deadline set for 12/1/2016. Release of Transcript Restriction set for 1/29/2017.(Wayne, Bryan)
October 31, 2016 Filing 131 TRANSCRIPT OF P.I. HEARING, DAY 6 - P.M., before Judge John D. Bates, held on June 28, 2004. Page Numbers: 1-169. Date of Issuance: 10/31/16. Court Reporter: Judy Brown. Transcripts may be ordered by submitting the #Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transc ript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 11/21/2016. Redacted Transcript Deadline set for 12/1/2016. Release of Transcript Restriction set for 1/29/2017.(Wayne, Bryan)
October 31, 2016 Filing 130 TRANSCRIPT OF P.I. HEARING, DAY 6 - A.M., before Judge John D. Bates, held on June 28, 2004. Page Numbers: 1-103. Date of Issuance: 10/31/16. Court Reporter: Bryan A. Wayne. Transcripts may be ordered by submitting the #Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the tra nscript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 11/21/2016. Redacted Transcript Deadline set for 12/1/2016. Release of Transcript Restriction set for 1/29/2017.(Wayne, Bryan)
October 31, 2016 Filing 129 TRANSCRIPT OF P.I. HEARING, DAY 5 - P.M., before Judge John D. Bates, held on June 25, 2004. Page Numbers: 1-116. Date of Issuance: 10/31/16. Court Reporter: Judy Brown. Transcripts may be ordered by submitting the #Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transc ript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 11/21/2016. Redacted Transcript Deadline set for 12/1/2016. Release of Transcript Restriction set for 1/29/2017.(Wayne, Bryan)
October 31, 2016 Filing 128 TRANSCRIPT OF P.I. HEARING, DAY 5 - A.M., before Judge John D. Bates, held on June 25, 2004. Page Numbers: 1-83. Date of Issuance: 10/31/16. Court Reporter: Bryan A. Wayne. Transcripts may be ordered by submitting the #Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the tra nscript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 11/21/2016. Redacted Transcript Deadline set for 12/1/2016. Release of Transcript Restriction set for 1/29/2017.(Wayne, Bryan)
October 31, 2016 Filing 127 TRANSCRIPT OF P.I. HEARING, DAY 4 - P.M., before Judge John D. Bates, held on June 24, 2004. Page Numbers: 1-113. Date of Issuance: 10/31/16. Court Reporter: Judy Brown. Transcripts may be ordered by submitting the #Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transc ript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 11/21/2016. Redacted Transcript Deadline set for 12/1/2016. Release of Transcript Restriction set for 1/29/2017.(Wayne, Bryan)
October 31, 2016 Filing 126 TRANSCRIPT OF P.I. HEARING, DAY 4 - A.M., before Judge John D. Bates, held on June 24, 2004. Page Numbers: 1-110. Date of Issuance: 10/31/16. Court Reporter: Bryan A. Wayne. Transcripts may be ordered by submitting the #Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the tr anscript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 11/21/2016. Redacted Transcript Deadline set for 12/1/2016. Release of Transcript Restriction set for 1/29/2017.(Wayne, Bryan)
October 31, 2016 Filing 125 TRANSCRIPT OF P.I. HEARING, DAY 3 - P.M., before Judge John D. Bates, held on June 23, 2004. Page Numbers: 1-123. Date of Issuance: 10/31/16. Court Reporter: Judy Brown. Transcripts may be ordered by submitting the #Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transc ript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 11/21/2016. Redacted Transcript Deadline set for 12/1/2016. Release of Transcript Restriction set for 1/29/2017.(Wayne, Bryan)
October 31, 2016 Filing 124 TRANSCRIPT OF P.I. HEARING, DAY 3 - A.M., before Judge John D. Bates held on June 23, 2004. Page Numbers: 1-91. Date of Issuance: 10/31/16. Court Reporter: Bryan A. Wayne. Transcripts may be ordered by submitting the #Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the tran script may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 11/21/2016. Redacted Transcript Deadline set for 12/1/2016. Release of Transcript Restriction set for 1/29/2017.(Wayne, Bryan)
October 31, 2016 Filing 123 TRANSCRIPT OF P.I. HEARING, DAY 2, P.M. SESSION, before Judge John D. Bates held on June 22, 2004. Page Numbers: 1-135. Date of Issuance:10/31/16. Court Reporter: Judy Brown. Transcripts may be ordered by submitting the #Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the tr anscript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 11/21/2016. Redacted Transcript Deadline set for 12/1/2016. Release of Transcript Restriction set for 1/29/2017.(Wayne, Bryan)
October 31, 2016 Filing 122 TRANSCRIPT OF P.I. HEARING, DAY 2, A.M. SESSION, before Judge John D. Bates held on June 22, 2004. Page Numbers: 1-84. Date of Issuance: 10/31/16. Court Reporter: Bryan A. Wayne. Transcripts may be ordered by submitting the #Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, t he transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 11/21/2016. Redacted Transcript Deadline set for 12/1/2016. Release of Transcript Restriction set for 1/29/2017.(Wayne, Bryan)
October 31, 2016 Filing 121 TRANSCRIPT OF PRELIMINARY INJUNCTION HEARING, DAY 1, P.M. SESSION, before Judge John D. Bates held on June 21, 2004. Page Numbers: 1-120. Date of Issuance: 10/31/16. Court Reporter: Elaine Merchant. Transcripts may be ordered by submitting the #Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced abov e. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 11/21/2016. Redacted Transcript Deadline set for 12/1/2016. Release of Transcript Restriction set for 1/29/2017.(Wayne, Bryan)
October 31, 2016 Filing 120 TRANSCRIPT OF PRELIMINARY INJUNCTION HEARING, DAY 1 - A.M. SESSION, before Judge John D. Bates held on June 21, 2004. Page Numbers: 1-99. Date of Issuance: 10/31/16. Court Reporter: Bryan A. Wayne. Transcripts may be ordered by submitting the #Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 11/21/2016. Redacted Transcript Deadline set for 12/1/2016. Release of Transcript Restriction set for 1/29/2017.(Wayne, Bryan)
October 31, 2016 Filing 119 TRANSCRIPT OF PRETRIAL HEARING before Judge John D. Bates held on June 15, 2004. Page Numbers: 1-43. Date of Issuance: 10/31/16. Court Reporter: Bryan A. Wayne. Transcripts may be ordered by submitting the #Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may b e accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 11/21/2016. Redacted Transcript Deadline set for 12/1/2016. Release of Transcript Restriction set for 1/29/2017.(Wayne, Bryan)
October 31, 2016 Filing 118 TRANSCRIPT OF 5/10/04 SCHEDULING CONFERENCE before Judge John D. Bates. Page Numbers: 1-20. Date of Issuance: 10/31/16. Court Reporter: Bryan A. Wayne. Transcripts may be ordered by submitting the #Tran script Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 11/21/2016. Redacted Transcript Deadline set for 12/1/2016. Release of Transcript Restriction set for 1/29/2017.(Wayne, Bryan)
October 31, 2016 Filing 117 TRANSCRIPT OF 4/14/04 INITIAL SCHEDULING CONFERENCE before Judge John D. Bates. Page Numbers: 1-39. Date of Issuance: 10/31/16. Court Reporter: Bryan A. Wayne. Transcripts may be ordered by submitting the #Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 11/21/2016. Redacted Transcript Deadline set for 12/1/2016. Release of Transcript Restriction set for 1/29/2017.(Wayne, Bryan)
April 12, 2012 Filing 116 TRANSCRIPT OF PROCEEDINGS Day 1 - p.m. Transcript of a Preliminary Injunction Hearing , before Judge John D. Bates held on 06/21/2004; Page Numbers: 120. Court Reporter/Transcriber Elaine A. Merchant, Telephone number (202)289-1571, For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at ww.dcd.uscourts.gov. Redaction Request due 5/3/2012. Redacted Transcript Deadline set for 5/13/2012. Release of Transcript Restriction set for 7/11/2012.(dr)
September 15, 2004 Opinion or Order Filing 111 ORDER of USCA (certified copy) as to #98 Notice of Appeal filed by FEDERAL TRADE COMMISSION; it is hereby ordered that the motions be granted, and these cases are hereby dismissed; USCA#04-5291 (jsc )
September 2, 2004 Filing 110 NOTICE OF TRANSCRIPT FILED for dates 8/31/04; Court Reporter: Bryan A. Wayne. (td, )
August 31, 2004 Minute Entry for proceedings held before Judge John D. Bates : Status Conference by telephone conference call held on 8/31/2004. (Court Reporter Bryan Wayne.) (lcjdb1)
August 26, 2004 Set/Reset Hearings: Status Conference by telephone conference call set for Tuesday, 8/31/2004, at 10:15 AM before Judge John D. Bates. Parties shall initiate the call. (lcjdb1)
August 18, 2004 Filing 109 TRANSCRIPT of Proceedings held on August 16, 2004 Hearing before Judge John D. Bates. Court Reporter: Bryan A. Wayne. (bm)
August 18, 2004 Filing 108 TRANSCRIPT of Proceedings held on August 10, 2004 Telephone Conference before Judge John D. Bates. Court Reporter: Bryan A. Wayne. (bm)
August 18, 2004 USCA Case Number 04-5291 for #98 Notice of Appeal filed by FEDERAL TRADE COMMISSION. (jsc)
August 17, 2004 Filing 101 TRIAL BRIEF Post-Hearing Reply Public Version by FEDERAL TRADE COMMISSION. (Alvarez, Marc)
August 17, 2004 Filing 100 TRIAL BRIEF Post-Hearing Public Version by FEDERAL TRADE COMMISSION. (Alvarez, Marc)
August 17, 2004 Filing 99 TRIAL BRIEF Pre-Hearing Public Version by FEDERAL TRADE COMMISSION. (Alvarez, Marc)
August 17, 2004 Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re #98 Notice of Appeal (jf, )
August 16, 2004 Filing 98 NOTICE OF APPEAL as to #95 Order on Motion for Preliminary Injunction, by FEDERAL TRADE COMMISSION. No fee paid U.S. Government(jf, )
August 16, 2004 Opinion or Order Filing 97 ORDER: Based on the agreement of the parties, the challenged transactions are ENJOINED through noon on Friday, August 20, 2004; and it is further ORDERED that the FTC's oral motion for an injunction pending appeal, to last for the duration of that appeal, is DENIED. Signed by Judge John D. Bates on 8/16/04. (lcjdb1)
August 16, 2004 Filing 96 MEMORANDUM OPINION DENYING #10 Motion for Preliminary Injunction. Signed by Judge John D. Bates on 8/16/04. (lcjdb1)
August 16, 2004 Minute Entry Status Conference held on 8/16/2004 for proceedings held before Judge John D. Bates: (Court Reporter Bryan Wayne) (tb)
August 13, 2004 Filing 115 POST-TRIAL REPLY BRIEF by ARCH COAL, INC., NEW VULCAN COAL HOLDINGS, LLC; (FILED UNDER SEAL). (rje) Modified on 2/3/2006 (rje, ).
August 13, 2004 Filing 114 POST-TRIAL BRIEF AND PROPOSED FINDINGS OF FACT by ARCH COAL, INC., NEW VULCAN COAL HOLDINGS, LLC, TRITON COAL COMPANY, LLC; (FILED UNDER SEAL). (rje)
August 13, 2004 Filing 107 TRANSCRIPT of Trial held on June 28, 2004 before Judge Bates. Court Reporter: Judy Brown (Miller). (Day 6) (jf, )
August 13, 2004 Filing 106 TRANSCRIPT of Trial held on June 25, 2004 before Judge Bates. Court Reporter: Judy Brown (Miller). (Day 5) (jf, )
August 13, 2004 Filing 105 TRANSCRIPT of Trial held on June 24, 2004 before Judge Bates. Court Reporter: Judy Brown (Miller). (Day 4) (jf, )
August 13, 2004 Filing 104 TRANSCRIPT of Trial held on June 30, 2004 before Judge Bates. Court Reporter: Judy Brown (Miller). (Day 8) (Pages 2-14; FILED UNDER SEAL) (jf, )
August 13, 2004 Filing 103 TRANSCRIPT of Trial held on June 23, 2004 before Judge Bates. Court Reporter: Judy Brown (Miller). (Day 3) (jf, )
August 13, 2004 Filing 102 TRANSCRIPT of Trial held on June 22, 2004 before Judge Bates. Court Reporter: Judy Brown (Miller). (Pages 59-84; FILED UNDER SEAL) (jf, )
August 13, 2004 Opinion or Order Filing 95 ORDER DENYING #10 Motion for Preliminary Injunction and DENYING defendants' motion to consolidate the preliminary and permanent injunction proceedings, renewed by defendants at the close of the hearing on July 7, 2004. Signed by Judge John D. Bates on 8/13/04. (lcjdb1)
August 13, 2004 Opinion or Order Filing 94 ORDER GRANTING #93 Motion of non-party Oklahoma Gas and Electric for protection of certain highly confidential documents and information to be introduced at the hearing and for limited in camera treatment. Signed by Judge John D. Bates on 8/13/04. (lcjdb1)
August 13, 2004 Opinion or Order Filing 89 ORDER ADMITTING into the record all exhibits listed in the attachments to #77 Joint Submission of Exhibit List. Signed by Judge John D. Bates on 8/13/04. (lcjdb1)
August 13, 2004 Opinion or Order Filing 88 ORDER GRANTING: #78 & #82 Motion to seal/for Leave to File under seal defendants' proposed findings of fact and post-trial brief; #80 plaintiffs' Motion to Seal proposed findings of fact and post-hearing brief; #81 plaintiffs' Motion for Extension of Time to File proposed findings of fact and post-hearing brief; #83 defendants' Motion to seal post-trial reply brief; and #85 plaintiffs' Motion to Seal reply findings of fact and reply brief. Signed by Judge John D. Bates on 8/13/04. (lcjdb1)
August 13, 2004 Opinion or Order MINUTE ENTRY: ORDER GRANTING #90 third party American Electric Power Service Corporation's ("AEPSC") Motion for in camera treatment of documents and deposition testimony produced by non-party AEPSC, and GRANTING #92 third party Edison Mission Energy Fuel Services, Inc.'s ("Edison Mission") Motion for in camera treatment of documents and deposition testimony produced by non-party Edison Mission. It is HEREBY ORDERED that all of AEPSC's documents and deposition excerpts and all of Edison Mission's documents and deposition excerpts be treated in camera throughout the trial in this matter. Signed by Judge John D. Bates on 8/13/04. (lcjdb1)
August 13, 2004 Opinion or Order MINUTE ENTRY: ORDER DENYING #84 Motion to Strike portions of plaintiffs' proposed findings of fact, pursuant to decision issued orally at the hearing on closing arguments on July 20, 2004. Signed by Judge John D. Bates on 8/13/04.(lcjdb1)
August 2, 2004 Filing 87 ERRATA TO PLAINTIFFS' REPLY FINDINGS by FEDERAL TRADE COMMISSION. (Alvarez, Marc)
July 26, 2004 Filing 86 NOTICE OF TRANSCRIPT FILED of Preliminary Injunction Hearing held on 7/20/04 before Judge Bates. Court Reporter: Bryan A. Wayne (rje, )
July 20, 2004 Minute Entry Oral Argument held on 7/20/2004 before Judge John D. Bates: Case submitted. (Court Reporter Bryan Wayne) (tb)
July 16, 2004 Filing 85 MOTION to Seal Document Plaintiffs' Reply to Defenddants' Proposed Findings of Fact and Brief by FEDERAL TRADE COMMISSION. (Attachments: #1 Memo In Support of Motion To Seal Reply FOF and Brief#2 Text of Proposed Order Proposed Order To Seal Reply FOF and Brief)(Alvarez, Marc) Modified on 7/19/2004 (rje, ).
July 16, 2004 Filing 84 MOTION to Strike Portions of Plaintiffs' Proposed Findings of Fact by ARCH COAL, INC.. (Attachments: #1 Appendix Attachment A#2 Appendix Attachment B#3 Text of Proposed Order Proposed Order#4 Exhibit Attachment A to Proposed Order#5 Exhibit Attachment B to Proposed Order)(Reynolds, William)
July 16, 2004 Filing 83 MOTION for Order Pursuant to LCvR 5.1(j) Directing the Filing Under Seal of "Defendants' Post-Trial Reply Brief" by ARCH COAL, INC.. (Attachments: #1 Text of Proposed Order Proposed Order)(Reynolds, William)
July 15, 2004 Filing 82 MOTION for Leave to File Under Seal the defendants Proposed Findings of Fact and the Post-Trial Brief by ARCH COAL, INC., NEW VULCAN COAL HOLDINGS, LLC, TRITON COAL COMPANY, LLC. (Attachments: #1 Text of Proposed Order #2 Exhibit A)(rje, )
July 14, 2004 Filing 81 MOTION for Extension of Time to File Proposed Findings of Fact and Post-Hearing Brief by FEDERAL TRADE COMMISSION. (Alvarez, Marc)
July 14, 2004 Filing 80 MOTION to Seal Plaintiffs' Findings of Fact and Post-Hearing Brief by FEDERAL TRADE COMMISSION. (Attachments: #1 Text of Proposed Order To Seal Findings of Fact and Post-Hearing Brief)(Alvarez, Marc)
July 14, 2004 Filing 79 NOTICE by PETER KIEWIT SONS, INC. of Post-Hearing Brief of Amicus Curiae (Starling, Kenneth)
July 14, 2004 Filing 78 MOTION for Order Pursuant to LCvR 5.1(j) Directing the Filing Under Seal of "Defendants' Proposed Findings of Fact" and "Defendants' Post-Trial Brief" by ARCH COAL, INC.. (Attachments: #1 Text of Proposed Order Proposed Order)(Reynolds, William)
July 12, 2004 Filing 77 Exhibit List Joint Submission by ARCH COAL, INC... (Attachments: #1 Text of Proposed Order Proposed Order#2 Exhibit Attachment 1#3 Exhibit Attachment 2#4 Exhibit Attachment 3)(Reynolds, William)
July 9, 2004 Filing 76 NOTICE by ARCH COAL, INC. of Submission of Trial Exhibits (Reynolds, William)
July 8, 2004 Filing 75 NOTICE OF TRANSCRIPT FILED for Preliminary Injunction Hearing held on July 07, 2004; Court Reporter: Bryan A. Wayne - (Day 10- p.m.). (jf, )
July 8, 2004 Filing 74 NOTICE OF TRANSCRIPT FILED for Preliminary Injunction Hearing held on July 07, 2004; Court Reporter: Bryan A. Wayne - (Day 10 - a.m.). (jf, )
July 8, 2004 Filing 73 NOTICE OF TRANSCRIPT FILED for Preliminary Injunction Hearing held on July 01, 2004; Court Reporter: Bryan A. Wayne (Day 9). (jf, )
July 7, 2004 Filing 67 MEMORANDUM OPINION DENYING #50 plaintiff's Motion in Limine to exclude, for the purposes of the preliminary injunction proceeding, all evidence and argument on the issue of the sale by Arch of the Buckskin mine to Kiewit. Signed by Judge John D. Bates on 7/7/04. (lcjdb1)
July 7, 2004 Opinion or Order Filing 66 ORDER denying #50 plaintiff's Motion in Limine. Signed by Judge John D. Bates on 7/7/04. (lcjdb1)
July 7, 2004 Minute Entry Bench Trial completed on 7/7/2004 held before Judge John D. Bates: Defendant's witnesses: Eric Lapplander, Dale Luksan, and Gary Stuchal; defendant rested; plaintiff's rebuttal witness: David Painer; plaintiff rested; parties to submit final exhibit lists; defendant's oral renewed motion for consolidation; heard and takened under advisement. (Court Reporter Bryan Wayne) (tb)
July 1, 2004 Minute Entry Bench Trial held on 7/1/2004 before Judge John D. Bates: Defendant's witness: Margaret Guerin-Calver; Briefs due by 7/14/2004; Responses due by 7/16/2004. Oral argument set for 7/20/2004 01:30 PM in Courtroom 8 before Judge John D. Bates. Briefs due by 7/14/2004. Bench trial continued for 9:45 on 07/07/04 before Judge John D. Bates.(Court Reporter Bryan Wayne) (tb)
June 30, 2004 Minute Entry Bench Trial held on 6/30/2004 before Judge John D. Bates: Defendant's witnesses: James Hake and Margaret Guerin-Calvert. Bench Trial continued to 7/1/2004 09:30 AM in Courtroom 10 before Judge John D. Bates. (Court Reporter Judy Brown, Miller) (tb)
June 29, 2004 Filing 72 NOTICE OF TRANSCRIPT FILED for Preliminary Injunction Hearing held on June 29, 2004; Court Reporter: Bryan A. Wayne - (Day 7). (jf, )
June 29, 2004 Filing 71 NOTICE OF TRANSCRIPT FILED for Preliminary Injunction Hearing held on June 28, 2004; Court Reporter: Bryan A. Wayne - (Day 6 - a.m.). (jf, )
June 29, 2004 Filing 70 NOTICE OF TRANSCRIPT FILED for Preliminary Injunction Hearing held on June 24, 2004; Court Reporter: Bryan A. Wayne - (Day 5 - a.m.). (jf, )
June 29, 2004 Filing 69 NOTICE OF TRANSCRIPT FILED for Preliminary Injunction Hearing held on June 24, 2004; Court Reporter: Bryan A. Wayne - (Day 4 - a.m.). (jf, )
June 29, 2004 Filing 68 NOTICE OF TRANSCRIPT FILED for Preliminary Injunction Hearing held on June 23, 2004; Court Reporter: Bryan A. Wayne (Day 3-a.m.). (jf, )
June 29, 2004 Minute Entry Bench Trial held on 6/29/2004 before Judge John D. Bates: Defendant's witnesses: James Hake. Bench Trial continued to 6/30/2004 02:00 PM in Courtroom 10 before Judge John D. Bates. (Court Reporter Bryan Wayne) (tb)
June 28, 2004 Filing 65 MOTION to Seal The Courtroom by NEW VULCAN COAL HOLDINGS, LLC, TRITON COAL COMPANY, LLC. (Parker, Richard)
June 28, 2004 Minute Entry Bench Trial held on 6/28/2004 before Judge John D. Bates :Defendant witnesses: Stephen Leer, Bruce Grewcock and Kirt Ohlberg; Bench Trial continued for 6/29/2004 09:30 AM in Courtroom 10 before Judge John D. Bates. (Court Reporter Bryan Wayne (am), Judy Brown (pm)) (tb)
June 28, 2004 Opinion or Order MINUTE ENTRY: ORDER granting #65 Motion to Seal Courtroom. The courtroom shall be sealed during the confidential portion of Mr. James Hake's testimony. Signed by Judge John D. Bates on 6/28/04. (lcjdb1)
June 25, 2004 Filing 64 NOTICE by ARCH COAL, INC. of Withdrawal of Appearance (Baldridge, James)
June 25, 2004 Minute Entry Bench Trial held on 6/25/2004 before Judge John D. Bates: Defendant's witnesses: Paul Lang, Sami Shalah and Dennis Kostic; Bench Trial continued for 6/28/2004 09:30 AM in Courtroom 10 before Judge John D. Bates. (Court Reporter Bryan Wayne (am), Judy Brown (pm)) (tb)
June 24, 2004 Minute Entry Bench Trial held on 6/24/2004 before Judge John D. Bates: plaintiff's witness: John Morris; plaintiff rest; defendant witness Paul Lang. Bench Trial continued for 6/25/2004 10:00 AM in Courtroom 10 before Judge John D. Bates. (Court Reporter Bryan Wayne (am), Judy Brown (pm)) (tb)
June 23, 2004 Filing 63 NOTICE OF TRANSCRIPT FILED for preliminary injunction hearing day one-pm dates June 21, 2004. (bcs, )
June 23, 2004 Set/Reset Hearings: Bench Trial set for 6/24/2004 09:00 AM in Courtroom 10 before Judge John D. Bates. (tb)
June 23, 2004 Minute Entry Bench trial resumed before Judge John D. Bates: plaintiff's witnesses: Mark Werner, John Stolwyk, John Carr and John Morris; Bench Trial continued to 6/24/2004 at 9:00 before Judge John D. Bates. (Court Reporter Bryan Wayne (am), Judy Brown (pm)) (tb)
June 22, 2004 Filing 93 MOTION for protection of certain highly confidential documents and information to be introduced at the hearing and for limited in camera treatment by OKLAHOMA GAS & ELECTRIC COMPANY. (Attachments: #1 Exhibit A)(jf, )
June 22, 2004 Filing 62 NOTICE OF TRANSCRIPT FILED for preliminiary injunction hearing day two-am dates June 22, 2004. (bcs, )
June 22, 2004 Filing 61 NOTICE OF TRANSCRIPT FILED for preliminary injunction hearing day one - am dates June 21, 2004. (bcs, )
June 22, 2004 Minute Entry Bench Trial held on 06/22/04 before Judge John D. Bates: Plaintiff witnesses: Rober Orme, Jon Kelly, Jeffrey Herndon, Steven Hollaway and Mark Warner.Bench Trial continued to 6/23/2004 at 9:45 before Judge John D. Bates. (Court Reporter Bryan Wayne (am), Judy Brown (pm)) (tb)
June 21, 2004 Minute Entry Bench Trial begun on 6/21/2004 before Judge John D. Bates: Opening statements; Plaintiff witnesses: Ronald Rahm, R. Michael Bales, and Paul Freund. Bench Trial resumes on 6/22/2004 09:45 AM in Courtroom 10 before Judge John D. Bates. (Court Reporter Bryan Wayne (am), Elaine Merchant (pm)) (tb)
June 18, 2004 Filing 92 MOTION for in camera treatment of documents and deposition testimony produced by EDISON MISSION ENERGY FUEL SERVICES, INCORPORATED. (jf, )
June 18, 2004 Filing 91 NOTICE of Appearance by Mary Anne Mason on behalf of EDISON MISSION ENERGY FUEL SERVICES, INCORPORATED (jf, )
June 18, 2004 Filing 60 NOTICE OF TRANSCRIPT FILED for pretrial hearing dates June 15, 2004. (bcs, )
June 17, 2004 Filing 90 MOTION for in camera treatment of documents and deposition testimony by AMERICAN ELECTRIC POWER SERVICE CORPORATION. (Attachments: #1 Attachments)(jf, )
June 15, 2004 Set/Reset Hearings: Bench Trial set for 6/21/2004 09:00 AM in Courtroom 10 before Judge John D. Bates. (tb)
June 15, 2004 Minute Entry Pretrial Conference held on 6/15/2004 held before Judge John D. Bates: (Court Reporter Bryan Wayne) (tb)
June 15, 2004 Opinion or Order MINUTE ENTRY ORDER: GRANTING #51 MOTION in Limine To Limit Testimony of Plaintiffs' Expert. The testimony of plaintiffs' rebuttal expert Mr. David Painter shall be limited to issues responsive to the report of defendants' expert Mr. Paul A. Lang, i.e. Mr. Painter's testimony shall be limited to the issue of efficiencies, but shall exclude the issue of Triton's financial condition; DENYING #55 MOTION in Limine To Bar Cumulative, Conclusory and Untimely Expert Testimony. The report of defendants' proposed expert Mr. Dennis N. Kostic is properly considered an expert report rebutting Mr. Painter's report, and shall not be excluded; moreover, any concerns regarding facts relied on by Mr. Kostic can be addressed through cross-examination and deposition; and DEFFERRING RULING ON #50 MOTION in Limine To Exclude All Evidence and Argument On Issue of Remedy. The Court shall rule on this motion subsequent to the presentation of evidence on the issue of the proposed transaction between Arch and Kiewit. Signed by Judge John D. Bates on 6/15/04. (lcjdb1)
June 14, 2004 Filing 113 REPLY MEMORANDUM in support of plaintiffs' motion for preliminary injunction filed by FEDERAL TRADE COMMISSION; Exhibits (42)lodged under seal. (This entry was inadvertently not placed on the docket) (Burgess, Joe) Modified on 12/27/2004 to reflect correct file date of 6/14/04(Burgess, Joe).
June 14, 2004 Filing 59 Memorandum in opposition to motion re #55 Plaintiffs' Motion in Limine to Bar Rebuttal Expert Testimony From Dennis N. Kostic filed by ARCH COAL, INC.. (Baldridge, James)
June 14, 2004 Filing 58 MOTION for Order Directing Filing Under Seal of Exhibits 1 & 2 To Plaintiffs' Memo In Reply To Defendants' Opposition To Plaintiffs' Motion In Limine and Memo In Support by FEDERAL TRADE COMMISSION. (Attachments: #1 Text of Proposed Order Directing the Filing Under Seal of Exhibits 1 & 2 To Memo In Reply To Defendants' Opposition To Plaintiffs' Motion In Limine)(Alvarez, Marc)
June 14, 2004 Filing 57 REPLY to opposition to motion re #51 Limit Testimony of Plaintiffs' Expert filed by ARCH COAL, INC.. (Baldridge, James)
June 14, 2004 Filing 56 REPLY to opposition to motion re #50 Exclusion of All Evidence and Argument On the Issue of Remedy filed by FEDERAL TRADE COMMISSION. (Alvarez, Marc)
June 14, 2004 Opinion or Order MINUTE ENTRY: ORDER GRANTING #53 Motion for order directing the filing under seal of defendants' memorandum in opposition to #50 plaintiffs' motion in limine; and GRANTING #58 Motion for Order directing the filing under seal of exhibits 1 and 2 to plaintiff FTC's memorandum in reply to defendants' opposition to #50 plaintiffs' motion in limine. Defendants' memorandum in opposition to #50 plaintiffs' motion in limine and exhibits 1 and 2 of plaintiff FTC's memorandum in reply thereto SHALL BE FILED UNDER SEAL until further order of the Court. Signed by Judge John D. Bates on 6/14/04. (lcjdb1)
June 10, 2004 Filing 112 MOTION to seal Opposition to motion in limine (Exhibit-OPPOSITION to plaintiff's MOTION in Limine To Bar Cumulative, Conclusory and Untimely Expert Testimony by ARCH COAL, INC., NEW VULCAN COAL HOLDINGS, LLC, TRITON COAL COMPANY, LLC and Exhibits 1 through 4.(Filed under seal and inadvertently not entered on the docket) (Burgess, Joe)
June 10, 2004 Filing 55 MOTION in Limine To Bar Cumulative, Conclusory and Untimely Expert Testimony and Memo In Support by FEDERAL TRADE COMMISSION. (Attachments: #1 Text of Proposed Order To Strike Expert Report and Bar Expert Testimony At Trial); Attachment A (under seal)(Alvarez, Marc)
June 10, 2004 Filing 54 Memorandum in opposition to motion re #51 Striking Portions of Expert Report and Limiting Proposed Testimony of David Painter filed by FEDERAL TRADE COMMISSION. (Alvarez, Marc)
June 10, 2004 Filing 53 MOTION For Order Pursuant to LCvR 5.1 (j) Directing the Filing Under Seal of "Defendants' Memorandum in Opposition To Plaintiffs' Motion in Limine" by ARCH COAL, INC.. (Attachments: #1 Text of Proposed Order Proposed Order)(Baldridge, James)
June 9, 2004 Filing 52 RESPONSE to Motion in Limine by Plaintiff Federal Trade Commission to Exclude All Evidence and Argument on the Issue of Remedy filed by PETER KIEWIT SONS, INC.. (Starling, Kenneth)
June 9, 2004 Opinion or Order MINUTE ENTRY: ORDER REQUIRING plaintiffs to file their reply by not later than 10:00 a.m. on Monday June 14, 2004. A courtesy copy of the reply shall be provided to defendants and chambers by not later than 12:00 p.m. on Saturday June 12, 2004. Signed by Judge John D. Bates on 6/9/04. (lcjdb1)
June 9, 2004 Set/Reset Deadlines: Replies to 49 defendants' opposition to the motion for preliminary injunction due by 6/14/2004, at 10:00 a.m. (lcjdb1)
June 4, 2004 Set/Reset Deadlines: Responses due by 5:00 pm on 6/10/2004; Replies due by 12:00 pm on 6/14/2004. (tb)
June 4, 2004 Filing 51 MOTION in Limine To Limit Testimony of Plaintiffs' Expert by ARCH COAL, INC., NEW VULCAN COAL HOLDINGS, LLC, TRITON COAL COMPANY, LLC. (Attachments: #1 Text of Proposed Order #2 Appendix Attachment A#3 Appendix Attachment B)(Parker, Richard)
June 4, 2004 Opinion or Order MINUTE ENTRY: ORDER REQUIRING parties to file responses to #50 Motion in Limine to exclude evidence and #51 Motion in Limine to limit testimony, by not later than 5:00 p.m. on June 10, 2004; and REQUIRING parties to file replies thereto by not later than 12:00 p.m. (noon) on June 14, 2004. Signed by Judge John D. Bates on 6/4/04. (lcjdb1)
June 3, 2004 Filing 50 MOTION in Limine To Exclude All Evidence and Argument On Issue of Remedy and Memo In Support by FEDERAL TRADE COMMISSION. (Attachments: #1 Text of Proposed Order Exclude evidence and argument on issue of remedy)(Alvarez, Marc)
May 27, 2004 Minute Entry: Pursuant to the request of the parties, the status conference originally scheduled to take place on Friday May 28, 2004, is CANCELLED. (lcjdb1)
May 25, 2004 Filing 48 MOTION For Leave to File One Day Late Their Opposition to Plaintiffs' Motions for Preliminary Injunction by ARCH COAL, INC.. (Attachments: #1 Text of Proposed Order Proposed Order)(Baldridge, James)
May 25, 2004 Opinion or Order MINUTE ENTRY: ORDER GRANTING #48 defendants' motion for leave to file opposition one day late. Signed by Judge John D. Bates on 5/25/04. (lcjdb1)
May 24, 2004 Filing 49 Memorandum in opposition to motion re #10 for preliminary injunction filed by ARCH COAL, INC., NEW VULCAN COAL HOLDINGS, LLC, TRITON COAL COMPANY, LLC. (Filed Under Seal) (bcs, )
May 24, 2004 Opinion or Order Filing 47 ORDER granting #45 Motion leave to file opposition under seal, and denying #46 Motion for Leave to File Excess Pages as moot. Signed by Judge John D. Bates on 5/24/04. (lcjdb1)
May 24, 2004 Filing 46 MOTION for Leave to File Excess Pages of Reply Memorandum in Excess of Twenty-Five Pages by ARCH COAL, INC.. (Attachments: #1 Supplement Proposed Order)(Baldridge, James)
May 24, 2004 Filing 45 MOTION For Order Pursuant To LCvR 5.1(j) Directing The Filing Under Seal of "Pretrial Brief of Arch Coal Company, Inc., Triton Coal Company, LLC and New Vulcan Coal Holdings, LLC in Opposition To Plaintiffs' Motions for Preliminary Injunction by ARCH COAL, INC.. (Attachments: #1 Text of Proposed Order Proposed Order Directing The Filing Under Seal of Pretrial Brief)(Baldridge, James)
May 17, 2004 Opinion or Order MINUTE ENTRY: ORDER granting #43 Motion for extension of time to file briefs. Defendants shall file any oppositions to plaintiffs' motion for preliminary injunction by not later than May 24, 2004. Plaintiffs shall file any replies thereto by not later than June 11, 2004. Signed by Judge John D. Bates on 5/17/04. (lcjdb1)
May 17, 2004 Set/Reset Deadlines: Responses due by 5/24/2004. Replies due by 6/11/2004. (lcjdb1)
May 14, 2004 Filing 44 NOTICE OF TRANSCRIPT FILED for scheduling conference dates May 10, 2004. (bcs, )
May 14, 2004 Filing 43 MOTION To Modify The Scheduling Order by ARCH COAL, INC.. (Attachments: #1 Text of Proposed Order Order to Modify the Scheduling Order)(Baldridge, James)
May 12, 2004 Filing 42 NOTICE OF WITHDRAWAL OF MOTION by ARCH COAL, INC. re 40 MOTION to Compel American Electric Power Service Corporation To Produce Copies of Its Sworn Testimony About The Coal Industry in Another Recent Lawsuit and (ii) For An Accelerated Briefing Schedule (Baldridge, James)
May 11, 2004 Opinion or Order Filing 41 SCHEDULING ORDER: Pretrial Conference set for 6/15/2004, at 12:00 PM before Judge John D. Bates. Status Conference set for 5/28/2004, at 09:15 AM before Judge John D. Bates. Signed by Judge John D. Bates on 5/11/04. (lcjdb1)
May 10, 2004 Minute Entry Status Conference held on 5/10/2004 before Judge John D. Bates: Order forthcoming. (Court Reporter Bryan Wayne) (tb)
May 7, 2004 Opinion or Order Filing 39 ORDER granting in part and denying in part #25 plaintiffs' Motion for Protective Order; granting in part and denying in part #28 defendants' Motion leave to take additional depositions. Defendants are limited to no more than twenty-three (23) depositions, and a reciprocal limitation with respect to plaintiffs' depositions shall apply as well. Signed by Judge John D. Bates on 5/7/04. (lcjdb1)
May 6, 2004 Filing 40 MOTION to Compel American Electric Power Service Corporation to produce copies of its sworn testimony about Coal Industry in another recent lawsuit and (ii) for an accelerated briefing schedule by ARCH COAL, INC..; Exhibits (4); (Filed Under Seal) (bcs, )
May 6, 2004 Opinion or Order Filing 38 ORDER granting #32 defendant Arch's Motion for Leave to File under seal its Motion to Compel American Energy Power Service Corporation ("AEPSC") to Produce Copies of its Sworn Testimony About the Coal Industry in Another Recent Lawsuit and for an Accelerated Briefing Schedule and the Memorandum of Law and Exhibits submitted in support thereof. Defendant Arch's Motion to Compel, Memorandum, and Exhibits shall be filed under seal. Signed by Judge John D. Bates on 5/6/04. (lcjdb1)
May 6, 2004 Opinion or Order Filing 37 ORDER granting #9 plaintiff FTC's Motion to Seal. FTC's Memorandum of Points and Authorities in Support of Motion for Preliminary Injunction and the FTC's Exhibits to that Memorandum shall be filed under seal until further order of the Court. Plaintiff FTC may at any time file on the public record a duplicate copy of the Memorandum that does not reveal confidential material. Signed by Judge John D. Bates on 5/6/04. (lcjdb1)
May 6, 2004 Opinion or Order Filing 36 ORDER denying #12 Motion for consolidation of preliminary and permanent injunctions, without prejudice to renewal. Signed by Judge John D. Bates on 5/6/04. (lcjdb1)
May 6, 2004 Filing 35 REPLY to opposition to motion re #28 For Leave to Take Additional Depositions filed by ARCH COAL, INC.. (Baldridge, James)
May 6, 2004 Opinion or Order Filing 34 ORDER granting #31 Motion to Compel production of third-party documents. Signed by Judge John D. Bates on 5/6/04. (lcjdb1)
May 6, 2004 Opinion or Order Filing 33 ORDER GRANTING #15 Motion to Compel defendant Arch to provide continued electronic access to Arch's discoverable electronic documents. Defendant Arch shall promptly make any necessary arrangements to provide the Commission with access to Arch's electronically produced documents under the same conditions that it had provided access to the Commission prior to April 20, 2004. Signed by Judge John D. Bates on 5/6/04. (lcjdb1)
May 6, 2004 Filing 32 MOTION for Leave to File "Defendant Arch Coal, Inc.'s Motion (i) To Compel American Electric Power Service Corporation to Produce Copies of Its Sworn Testimony About The Coal Industry in Another Recent Lawsuit And (ii) For An Accelerated Briefing Schedule" Under Seal by ARCH COAL, INC.. (Attachments: #1 Text of Proposed Order Proposed Order)(Baldridge, James)
May 6, 2004 Filing 31 Consent MOTION to Compel Production of Third Party Documents and Request for Expedited Consideration by ARCH COAL, INC.. (Attachments: #1 Text of Proposed Order Proposed Order)(Baldridge, James)
May 5, 2004 Filing 30 REPLY to opposition to motion re #25 Protective Order Limiting Number of Defendants' Depositions filed by FEDERAL TRADE COMMISSION. (Alvarez, Marc)
May 5, 2004 Opinion or Order Filing 29 ORDER granting #23 Motion to Compel production of third-party documents. Signed by Judge John D. Bates on 5/5/04. (lcjdb1)
May 5, 2004 Opinion or Order MINUTE ENTRY: ORDER granting #24 Motion of Peter Kiewit Sons, Inc. to participate in this action as amicus curiae. Signed by Judge John D. Bates on 5/5/04. (lcjdb1)
May 4, 2004 Filing 28 MOTION For Leave to Take Additional Depositions Pursuant to Local Rule 26.2(B) and Federal Rule 30(a)(2)(A) re #25 MOTION for Protective Order Limiting the Number of Depositions that the Defendants May Notice and Take by ARCH COAL, INC.. (Attachments: #1 Text of Proposed Order Proposed Order)(Baldridge, James)
May 4, 2004 Filing 27 Memorandum in opposition to motion re #25 Protective Order Limiting The Number of Depositions The Defendants May Notice and Take and In Support of Defendants' Motion For Leave to Take Additional Depositions filed by ARCH COAL, INC.. (Attachments: #1 Text of Proposed Order Proposed Order)(Baldridge, James)
May 4, 2004 Filing 26 ENTERED IN ERROR..... MOTION For Leave to Take Additional Depositions Pursuant to Local Rule 26.2(B) and Federal Rule 30(a)(2)(A) re #25 MOTION for Protective Order Limiting the Number of Depositions that the Defendants May Notice and Take by ARCH COAL, INC.. (Attachments: #1 Text of Proposed Order Proposed Order)(Baldridge, James) Modified on 5/4/2004 (jf, ).
May 4, 2004 NOTICE OF CORRECTED DOCKET. Document No. 26 was entered in error and counsel was instructed to re-file said pleading with correct document. (jf, )
April 30, 2004 Filing 25 MOTION for Protective Order by FEDERAL TRADE COMMISSION. (Attachments: #1)(Alvarez, Marc)
April 29, 2004 Filing 23 Unopposed MOTION to Compel Production of Third-Party Documents and Request for Expedited Consideration by ARCH COAL, INC.. (Baldridge, James)
April 29, 2004 Filing 22 REPLY to opposition to motion re #15 To Compel Defendant Arch Coal To Provide Continued Access To Electronic Documents filed by FEDERAL TRADE COMMISSION. (Krulla, Rhett)
April 28, 2004 Filing 24 MOTION to participate in this action as amicus curiae by PETER KIEWIT SONS, INC.. (Attachments: #1 Text of Proposed Order)(bcs, )
April 28, 2004 Filing 21 MEMORANDUM in Support of Plaintiff's Motion for Preliminary Injunction - Redacted (Public Version). (Krulla, Rhett)
April 28, 2004 Filing 20 RESPONSE to the FTC's and Plaintiff States' Opposition to Arch Coal's Rule 65(a)(2) Consolidation Motion filed by ARCH COAL, INC.. (Baldridge, James)
April 27, 2004 Filing 19 Memorandum in opposition to motion re #15 Order to Compel Defendant Arch Coal to Pay the FTC's Storage Fees Relating to Discoverable Electronic Documents filed by ARCH COAL, INC.. (Baldridge, James)
April 23, 2004 Filing 18 NOTICE OF TRANSCRIPT FILED for initial scheduling conference held on dates April 14, 2004. (jf, )
April 22, 2004 Filing 17 Memorandum in opposition to motion re #12 Consolidation of Preliminary and Permanent Injunction filed by FEDERAL TRADE COMMISSION. (Krulla, Rhett)
April 22, 2004 Filing 16 Memorandum in opposition to motion re #12 Rule 65(a)(2) Consolidation of Preliminary and Permanent Injunction by Plaintiff States filed by FEDERAL TRADE COMMISSION. (Krulla, Rhett)
April 22, 2004 Filing 15 Emergency MOTION to Compel by FEDERAL TRADE COMMISSION. (Attachments: #1 Text of Proposed Order)(Krulla, Rhett)
April 20, 2004 Opinion or Order MINUTE ENTRY ORDER: #13 Stipulated Order is APPROVED and so ORDERED by the Court. The June 18, 2004 final pre-trial conference date, however, will have to be changed in light of the Court's unavailability from June 16-18, 2004. Parties should suggest an alternate date and any modifications to the scheduling order that may be necessitated by the change. The next status conference in this case is SET for May 10, 2004, at 9:30 a.m. Signed by Judge John D. Bates on 4/20/04. (lcjdb1)
April 19, 2004 Filing 14 SUPPLEMENTAL MEMORANDUM in Support of Rule 65(a)(2) Motion for Consolidation of Preliminary and Permanent Injunctions from Arch Coal, Inc.. (Baldridge, James)
April 19, 2004 Filing 13 STIPULATION by FEDERAL TRADE COMMISSION. (Krulla, Rhett)
April 14, 2004 Minute Entry Initial Scheduling Conference held on 4/14/2004 before Judge John D. Bates: Status Conference set for 5/10/2004 09:30 AM in Courtroom 21 before Judge John D. Bates. (Court Reporter Bryan Wayne) (tb)
April 13, 2004 Filing 12 MOTION to Consolidate Cases by ARCH COAL, INC.. (Attachments: #1 Text of Proposed Order Proposed Order)(Baldridge, James)
April 8, 2004 Opinion or Order Filing 11 PROTECTIVE ORDER Signed by Judge John D. Bates on 04/08/2004. (tb )
April 8, 2004 Filing 10 MOTION for Preliminary Injunction by FEDERAL TRADE COMMISSION. (Attachments: #1 Text of Proposed Order)(Krulla, Rhett)
April 8, 2004 Filing 9 MOTION to Seal by FEDERAL TRADE COMMISSION. (Attachments: #1 Text of Proposed Order)(Krulla, Rhett)
April 8, 2004 Opinion or Order MINUTE ENTRY: ORDER granting #7 Motion for Protective Order and denying as moot #8 request for approval of Stipulated Protective Order. Signed by Judge John D. Bates on 4/8/04. (lcjdb1)
April 7, 2004 Filing 8 STIPULATION by FEDERAL TRADE COMMISSION. (Krulla, Rhett)
April 7, 2004 Filing 7 MOTION for Protective Order by FEDERAL TRADE COMMISSION. (Attachments: #1 Text of Proposed Order)(Krulla, Rhett)
April 6, 2004 Set Deadlines/Hearings: Status Conference set for 4/14/2004, at 04:45 PM before Judge John D. Bates. (lcjdb1)
April 6, 2004 Opinion or Order MINUTE ENTRY: Upon consideration of #4 defendants' motion for leave to appear pro hac vice, it is hereby ORDERED that the motion is GRANTED, and it is further ORDERED that Charles E. Bachman is admitted to the bar of this Court pro hac vice. Signed by Judge John D. Bates on 04/06/04. (lcjdb2)
April 5, 2004 Filing 6 LCvR 7.1 - CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by NEW VULCAN COAL HOLDINGS, LLC and TRITON COAL COMPANY, LLC (jf, )
April 5, 2004 Filing 5 LCvR 7.1 - CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests filed by Arch Coal, Inc. (Baldridge, James)
April 5, 2004 Filing 4 MOTION for Leave to Appear Pro Hac Vice by NEW VULCAN COAL HOLDINGS, LLC, TRITON COAL COMPANY, LLC. (Attachments: #1 Declaration in support thereof)(Parker, Richard)
April 5, 2004 Filing 3 Defendant's ANSWER to Complaint of Federal Trade Commission for Preliminary Injunction filed by ARCH COAL, INC..(Baldridge, James)
April 5, 2004 Filing 2 ANSWER to Complaint of FEDERAL TRADE COMMISSION by NEW VULCAN COAL HOLDINGS, LLC, TRITON COAL COMPANY, LLC. (Attachments: #1 Disclosure of Corporate Affiliations and Financial Interests)(Parker, Richard)
April 1, 2004 Filing 1 COMPLAINT against ARCH COAL, INC., NEW VULCAN COAL HOLDINGS, LLC, TRITON COAL COMPANY, LLC , filed by FEDERAL TRADE COMMISSION.(bcs, )
April 1, 2004 Summons Issued (1)as to ARCH COAL, INC., NEW VULCAN COAL HOLDINGS, LLC, TRITON COAL COMPANY, LLC. (bcs, )

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Search for this case: FEDERAL TRADE COMMISSION v. ARCH COAL, INC. et al
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Amicus curiae: PETER KIEWIT SONS, INC.
Represented By: Kenneth George Starling
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Defendant: TRITON COAL COMPANY, LLC
Represented By: Charles Edward Bachman
Represented By: Richard G. Parker
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Defendant: ARCH COAL, INC.
Represented By: James Douglas Baldridge
Represented By: Stephen Weissman
Represented By: William Bradford Reynolds
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Defendant: NEW VULCAN COAL HOLDINGS, LLC
Represented By: Charles Edward Bachman
Represented By: Richard G. Parker
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Interested party: OKLAHOMA GAS & ELECTRIC COMPANY
Represented By: Kevin Clark Maclay
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Interested party: AMERICAN ELECTRIC POWER SERVICE CORPORATION
Represented By: Mary Ellen Callahan
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Interested party: EDISON MISSION ENERGY FUEL SERVICES, INCORPORATED
Represented By: Mary Anne Mason
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Plaintiff: FEDERAL TRADE COMMISSION
Represented By: Rhett Rudolph Krulla, D
Represented By: Marc I. Alvarez
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