Carolina Power & Light Company v. Ameren Corporation, et al

Defendant: Town of Blackstone, Virginia, Bonner Electric, Inc., Ameren Corporation and American Electric Corporation
Plaintiff: Carolina Power & Light Company
Case Number: 5:2008cv00460
Filed: September 12, 2008
Court: North Carolina Eastern District Court
Office: Environmental Matters Office
County: WAKE
Presiding Judge: James C. Fox
Nature of Suit: None
Cause of Action: Federal Question
Jury Demanded By: 42:9607 Real Property Tort to Land

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed#Document Text
March 30, 2012 1032 Opinion or Order of the Court ORDER denying 589 Motion for Partial Summary Judgment on De Micromis Grounds and denying 858 Motion for Hearing re 589 Motion for Partial Summary Judgment on De Micromis Grounds. Signed by District Judge Louise Wood Flanagan on 3/30/12. (Tripp, S.)
May 2, 2012 1091 Opinion or Order of the Court ORDER granting in part and denying in part 880 Motion for Clarification re 312 Scheduling Order and adopting 1056 Memorandum and Recommendations - Counsel should review the attached order in its entirety for critical deadlines and information. Signed by District Judge Louise Wood Flanagan on 05/01/2012. (Baker, C.)
February 1, 2013 1163 Opinion or Order of the Court ORDER granting 882 Motion for Summary Judgment; denying 885 Motion for Partial Summary Judgment as to Liability Against Sale Test Case Defendant Georgia Power Company; denying 941 Motion for Summary Judgment as to CERCLA Liability Against Georgia Power Company; denying as moot 1024 Motion to Strike 870 Affidavit, 871 Affidavit of Brewer and Canady; and, denying as moot 1061 Motion to Exclude the Affidavit of Mr. Richard Westover and Related Deposition Testi mony - Defendant Georgia Power's request for hearing is DENIED as the court elects to decide motion without oral argument pursuant to Federal Rule of Civil Procedure 78(b). Signed by District Judge Louise Wood Flanagan on 01/31/2013. (Baker, C.)
February 19, 2013 1166 Opinion or Order of the Court ORDER denying 975 Motion for Partial Summary Judgment as to Liability Against Repair Test Case Defendant Broad River Electric Cooperative, Inc.; denying 977 Motion for Partial Summary Judgment as to CERCLA Liability Against Broad Rive r Electric Cooperative, Inc.; denying 993 Motion for Summary Judgment; granting 1033 Motion Exclude the Affidavit of Mr. Richard Westover and Related Deposition Testimony; denying 1042 Motion to Strike Plaintiffs' Speculative Ass ertions of Fact and Admissible Allegations of Habit or Routine; denying 1051 Motion to Strike Certain Materials and Statements Submitted by Plaintiffs; and, granting 1097 Motion for Leave to File Amicus Curiae Reply Brief - Signed by District Judge Louise Wood Flanagan on 02/18/2013. (Baker, C.)
March 27, 2013 1189 Opinion or Order of the Court ORDER denying 946 Motion to Dismiss; denying 953 Motion to Dismiss for Failure to State a Claim; denying 955 Motion to Dismiss for Failure to State a Claim; denying 957 Motion to Dismiss for Failure to State a Claim; denying 963 Motion to Dismiss for Failure to State a Claim; denying 1121 Motion to Dismiss for Failure to State a Claim; denying 1123 Motion to Dismiss for Failure to State a Claim; denying 1125 Motion to Dismiss; denying 1127 Motion to Dismiss; denying [1 129] Motion to Dismiss for Failure to State a Claim; denying and 1131 Motion to Dismiss - The court will seperately enter an order regarding planning and scheduling with respect to claims by PCS Phosphate against third-party defendants. Motion to Dismiss at 1131 is denied without prejudice for renewal at the close of discovery or before trial. Signed by District Judge Louise Wood Flanagan on 03/27/2013. (Baker, C.)
April 30, 2013 1203 Opinion or Order of the Court ORDER granting 1172 Motion for Entry of Judgment under Rule 54(b) as to Georgia Power Company - Signed by District Judge Louise Wood Flanagan on 04/29/2013. (Baker, C.)
May 1, 2013 1204 Opinion or Order of the Court JUDGMENT - IT IS ORDERED, ADJUDGED AND DECREED in accordance with the court's orders entered February 1, 2013 and April 30, 2013, for the reasons set forth more specifically therein, that defendant Georgia Power Company's Motion for Summar y Judgment is GRANTED, plaintiffs' cross-motions for summary judgment are DENIED, and the Motion for Entry of Judgment under Rule 54(b) as to Georgia Power Company filed by claimants Consolidation Coal Company and PCS Phosphate Company, Inc. is GRANTED. All claims against defendant Georgia Power Company in the current litigation have been disposed. Signed by Julie A. Richards, Clerk of Court on 05/01/2013. (Baker, C.)
May 3, 2013 1206 Opinion or Order of the Court ORDER granting 1205 Motion to Amend Case Caption Due to Corporate Name Change - The court directs the Clerk of Court to amend the case caption and any relevant records to change PEC's name to Duke Energy Progress, Inc. The parties shall file a joint report identifying case management issues necessary to be considered at this juncture in the cases, including any request for conference with the court in advance of it further order on scheduling and pretrial management. Said report shall be filed within 21 days from the date of entry of this order. Signed by District Judge Louise Wood Flanagan on 05/02/2013. (Baker, C.)
May 6, 2013 1209 Opinion or Order of the Court ORDER denying 1169 Motion for Reconsideration regarding 1166 Order by Broad River Electric Cooperative, Inc. Signed by District Judge Louise Wood Flanagan on 5/6/2013. (Tripp, S.)
July 22, 2013 1251 Opinion or Order of the Court ORDER denying 1220 Motion for Certification of Interlocutory Appeal - Signed by District Judge Louise Wood Flanagan on 07/22/2013. (Baker, C.)
August 12, 2013 1283 Opinion or Order of the Court ORDER denying 1241 Motion for Certificate of Appealability - Signed by District Judge Louise Wood Flanagan on 08/12/2013. (Baker, C.)
August 12, 2013 1285 Opinion or Order of the Court ORDER denying 1252 Motion for Pretrial Settlement Conference; terminating 1254 Motion for Joinder; and denying 1264 Motion to Compel - At upcoming conference, among other things, the court will engage the parties attending about settlement timing and techniques which may be considered in aid to settlement efforts, including utility of a special master. Defendants' motion seeking court ordered attendance by the EPA is denied. However, the court having noticed that it will be spon soring some form of a required technique in aid to settlement efforts at a later date, which reasonably will be a topic of discussion at the pending conference, does encourage the EPA to send its representative, to inform as to its position concerning how those efforts may be made effective. Signed by District Judge Louise Wood Flanagan on 08/12/2013. (Baker, C.)
October 17, 2013 1342 Opinion or Order of the Court ORDER dismissing as moot 1329 Motion to Reopen Depositions; granting 1335 Motion to Continue the Deposition of Joe Richard Brewer; granting 1336 Motion for Leave to Re-Open Certain Depositions; dismissing as moot 1340 Motion to Take Depos ition from Rappleya, Walsh, Ward, and Weir and memorializing items addressed at 10/16/2013 teleconference - Concerning the October 7, 2013, written discovery responses of the third-party plaintiff, the court deems waived now any complaint about the f orm of the interrogatories and requests, disclosed on or before September 6, 2013. Having struck objection no. 8 and requiring the third-party plaintiff to serve an amended statement of its objections accompanying its answers and responses, within se ven days from date of entry of this order, the court holds further, that if a third-party defendant would seek to show any answer or response deficient, such motion shall be filed not later than seven days from this date, with response by the third-party plaintiff due seven days thereafter. Signed by District Judge Louise Wood Flanagan on 10/17/2013. (Baker, C.)
November 6, 2013 1360 Opinion or Order of the Court ORDER denying 1347 Motion to Compel - Signed by District Judge Louise Wood Flanagan on 11/06/2013. (Baker, C.)
September 25, 2014 1522 Opinion or Order of the Court ORDER denying 1477 Motion for Summary Judgment - Signed by District Judge Louise Wood Flanagan on 09/25/2014. (Baker, C.) Modified on 9/25/2014 to clarify docket entry text. (Baker, C.)
December 16, 2014 1545 Opinion or Order of the Court ORDER granting in part and denying in part 1523 Motion to Compel; 1526 Motion to Compel; and 1528 Motion to Compel - Signed by Magistrate Judge James E. Gates on 12/15/2014. (Baker, C.)
July 19, 2010 318 Opinion or Order of the Court ORDER granting 297 Motion for Reconsideration; granting 299 Motion to Amend/Correct; and, granting 305 Motion for Reconsideration - The dismissal of the successor liability claims against IES is deemed to be without prejudice, and the moving pa rties are granted leave to amend their pleadings to properly set forth successor liability against IES. These parties shall file their amended pleadings within seven days from date of entry of this order. CP&L's proposed amended complaint re-as serts a claim against IES pursuant to § 107, which claim was dismissed on separate grounds. In granting CP&L leave to amend, the court is not asked to reconsider this determination, and leave is granted with the caveat that CP&L's § 107 claim remains dismissed as to IES. Signed by Chief Judge Louise Wood Flanagan on 07/19/2010. Copies served electronically. (Baker, C.)
July 19, 2010 319 Opinion or Order of the Court ORDER granting 316 Motion for Entry of Default as to Defendant Wartburg College. Signed by Clerk of Court on 07/19/2010. (Baker, C.)
September 8, 2010 453 Opinion or Order of the Court ORDER granting 359 Motion for Extension of Time to File Response/Reply re 339 MOTION to Set Aside Default (Responses due by 9/10/2010); denying as moot 360 Motion for Extension of Time to File Response/Reply; granting 363 Motion to Withdraw a s Attorney; granting 441 , 442 , 444 , 447 and 449 Motions for Leave to File Out of Time. The untimely answers and affirmative non-CERCLA defenses attached to the motions of those defendants named herein shall be accepted for filing as if timely filed under the court's case management order entered June 15, 2010. Signed by Chief Judge Louise Wood Flanagan on 09/08/2010. Copies served electronically. (Baker, C.)
October 25, 2010 477 Opinion or Order of the Court ORDER granting 339 Motion to Set Aside Default as to Defendant Wartburg College - Signed by Chief Judge Louise Wood Flanagan on 10/25/2010. Copies served electronically. (Baker, C.)
March 24, 2011 534 Opinion or Order of the Court ORDER denying 435 Motion for Sanctions and Motion to Strike - Signed by Magistrate Judge David W. Daniel on 03/23/2011. (Baker, C.)
June 9, 2011 574 Opinion or Order of the Court ORDER granting in part 563 Motion to Extend Discovery Deadlines and granting 572 Motion for Leave to File Reply - Plaintiffs are directed to promptly file their reply, which the Court has considered in ruling on the motion to extend deadlines. Th e Court will extend the expert deadlines by 90 days: reports from retained experts shall be disclosed no later than September 30, 2011, and reports from rebuttal experts shall be disclosed no later than December, 30, 2011. The Court will consider further extension of the expert deadlines and extension of the discovery and dispositive motions deadlines at the September 7, 2011 status conference. Signed by Magistrate Judge David W. Daniel on 06/09/2011. (Baker, C.)
September 30, 2011 611 Opinion or Order of the Court ORDER denying 482 Motion to Dismiss for Lack of Jurisdiction [Federal Rules of Civil Procedure Rule 12(b)(2)] - Signed by Chief Judge Louise Wood Flanagan on 09/30/2011. (Baker, C.) Modified on 9/30/2011 to correct docket entry text. (Baker, C.)
November 17, 2011 627 Opinion or Order of the Court ORDER denying 559 Motion to Compel - Signed by Magistrate Judge David W. Daniel on 11/16/2011. (Baker, C.)
January 11, 2012 840 Opinion or Order of the Court ORDER granting 827 Motion to Dismiss Kobe Copper Products Inc. - Plaintiffs' claims against KCPI in the above captioned actions are hereby dismissed with prejudice and the reserved claims of all other parties are dismissed without prejudice. Signed by District Judge Louise Wood Flanagan on 01/11/2012. (Baker, C.)
January 26, 2012 875 Opinion or Order of the Court ORDER granting 866 Motion for Entry of Default as to Third-Party Defendant Davis.Jerry Inc. - Signed by Dennis P. Iavarone, Clerk of Court on 01/26/2012. (Baker, C.)

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Search for this case: Carolina Power & Light Company v. Ameren Corporation, et al
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Defendant: Town of Blackstone, Virginia
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Defendant: Bonner Electric, Inc.
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Defendant: Ameren Corporation
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Defendant: American Electric Corporation
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Plaintiff: Carolina Power & Light Company
Represented By: Caroline N. Belk
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