Consolidation Coal Company v. Ameren Corporation et al

Plaintiff: Consolidation Coal Company
Defendant: Ameren Corporation, American Electric Corporation, Town of Blackstone, Virginia, Bonner Electric, Inc., Chevron Mining, Inc., Owen Electric Steel Company of South Carolina, SMI Owen Steel Company, Inc., SMI Steel, Commercial Metals Company, Cohen and Green Salvage Company, Inc., Cooper Industries, Inc., Cotter Electric Company, City of Dover, Delaware, Endicott Clay Products Company, Hagerstown Light Department, Huntsville Utilities, Jet Electric Motor Company, Kelly Generator & Equipment, Inc., Lafarge Mid-Atlantic, Inc., Lewis Electric Supply Co., Inc., City of Mascoutah, Illinois, M-P Electrical Contractors, Inc., New Southern of Rocky Mount, Inc., NORTH CAROLINA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, P.C. CAMPANA, INC., Phoenix Solutions Company, SURRY YADKIN ELECTRIC MEMBERSHIP CORPORATION, Tennessee Associated Electric, Ventech Engineers, Inc., Veolia Environmental Services Waste-to-Energy, W.R. SCHOFIELD CONSTRUCTION CO. and WHEELABRATOR TECHNOLOGIES, INC.
 
Case Number: 5:2008cv00463
Filed: September 15, 2008
 
Court: North Carolina Eastern District Court
Office: Environmental Matters Office
County: BEAUFORT
Presiding Judge: James C. Fox
 
Nature of Suit: Plaintiff
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 1029 Opinion or Order of the Court ORDER denying 584 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 1088 Opinion or Order of the Court ORDER granting in part and denying in part 878 MOTION for Clarification re 327 Scheduling Order and adopting 1053 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 1160 Opinion or Order of the Court ORDER granting 880 Motion for Summary Judgment; denying 883 Motion for Partial Summary Judgment; denying 938 Motion for Partial Summary Judgment; denying as moot 1021 Motion to Strike 871 Affidavit, 872 Affidavit of Brewer and Cana dy; and, denying as moot 1058 Motion to Exclude the Affidavit of Mr. Richard Westover and Related Deposition Testimony - Defendant Georgia Power's request for hearing is DENIED as this court elects to decide motions 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 1163 Opinion or Order of the Court ORDER denying 973 Motion for Partial Summary Judgment as to CERCLA Liability Against Broad River Electric Cooperative, Inc.; denying 988 Motion for Partial Summary Judgment as to Liability Against Repair Test Case Defendant Broad Rive r Electric Cooperative, Inc.; denying 991 Motion for Summary Judgment; granting 1030 Motion to Exclude the Affidavit of Mr. Richard Westover and Related Deposition Testimony; denying 1049 Motion to Strike Plaintiffs' Speculative Assertions of Fact and Inadmissible Allegations of Habit or Routine; denying 1051 Motion to Strike Certain Materials and Statements Submitted by Plaintiffs; and, granting 1094 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 1186 Opinion or Order of the Court ORDER denying 943 Motion to Dismiss; denying 950 Motion to Dismiss for Failure to State a Claim; denying 952 Motion to Dismiss for Failure to State a Claim; denying 954 Motion to Dismiss for Failure to State a Claim; denying 960 Motion to Dismiss for Failure to State a Claim; denying 1119 Motion to Dismiss; denying 1121 Motion to Dismiss for Failure to State a Claim; denying 1123 Motion to Dismiss; denying 1125 Motion to Dismiss; denying 1127 Motion to Dismiss for F ailure to State a Claim; and denying 1129 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 1129 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. Signed by District Judge Louise Wood Flanagan on 03/27/2013. (Baker, C.)
April 30, 2013 1199 Opinion or Order of the Court ORDER granting 1169 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 1200 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 1202 Opinion or Order of the Court ORDER granting 1201 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 1205 Opinion or Order of the Court ORDER denying 1166 Motion for Reconsideration regarding 1163 Order by Broad River Electric Cooperative, Inc. Signed by District Judge Louise Wood Flanagan on 5/6/2013. (Tripp, S.)
July 22, 2013 1247 Opinion or Order of the Court ORDER denying 1237 Motion for Certification of Interlocutory Appeal - Signed by District Judge Louise Wood Flanagan on 07/22/2013. (Baker, C.)
August 12, 2013 1279 Opinion or Order of the Court ORDER denying 1237 Motion for Certificate of Appealability - Signed by District Judge Louise Wood Flanagan on 08/12/2013. (Baker, C.)
August 12, 2013 1281 Opinion or Order of the Court ORDER denying 1248 Motion for Pretrial Settlement Conference; terminating 1250 Motion for Joinder; and denying 1260 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 spo nsoring 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 1334 Opinion or Order of the Court ORDER dismissing as moot 1321 Motion to Reopen Depositions; granting 1327 to Continue the Deposition of Joe Richard Brewer; granting 1328 Motion for Leave to Re-Open Certain Depositions; dismissing as moot 1332 Motion to Take Deposition f rom 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 form 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 seven day s 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 1352 Opinion or Order of the Court ORDER denying 1339 Motion to Compel - Signed by District Judge Louise Wood Flanagan on 11/06/2013. (Baker, C.)
September 25, 2014 1513 Opinion or Order of the Court ORDER denying 1469 Motion for Summary Judgment - Signed by District Judge Louise Wood Flanagan on 09/25/2014. (Baker, C.)
September 8, 2010 452 Opinion or Order of the Court ORDER granting 362 Motion to Withdraw as Attorney and granting 439 , 440 , 442 , 446 , and 448 Motion for Leave to File 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.)
September 8, 2010 453 Opinion or Order of the Court CONSENT ORDER AND STIPULATION REGARDING THE COURT'S MARCH 24, 2010 ORDER - Plaintiffs' § 107 claims as to the remaining defendants are DISMISSED for the reasons set forth in the Court's March 24 ORDER. Cross-claimant PCS Phosphate Company, Inc.'s § 107 claims are unaffected by this disposition. Defendants' respective § 113(f) counterclaims asserted in response to the dismissed § 107(a) claims are hereby DISMISSED. Defendants' § 113(f) cross claims in response to PCS Phosphate's § 107(a) and §113(g)(2) claims are unaffected by this disposition. 348 Defendants' Motion to Strike Pursuant to Fed. R. Civ. P. 12(f) Count I of Plaintiff Carolina Power & Light Company d/b/a Progress Energy Carolinas, Inc. 's Consolidated and Third Amended Complaint is DENIED as MOOT. Signed by Chief Judge Louise Wood Flanagan on 09/08/2010. Copies served electronically. (Baker, C.)
October 28, 2010 476 Opinion or Order of the Court ORDER granting 470 Motion for Leave to File Surreply to Defendant T&R's motion for sanctions - Plaintiffs are DIRECTED to file their surreply forthwith. Signed by U.S. Magistrate Judge David W. Daniel on 10/27/2010. Copies served electronically. (Baker, C.)
March 24, 2011 531 Opinion or Order of the Court ORDER denying 434 Motion to Strike and Motion for Sanctions - Signed by Magistrate Judge David W. Daniel on 03/23/2011. (Baker, C.)
June 9, 2011 569 Opinion or Order of the Court ORDER granting in part 558 Motion to Extend Discovery Deadlines and granting 568 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 606 Opinion or Order of the Court ORDER denying 480 Motion to Lack of Jurisdiction [Federal Rules of Civil Procedure Rule 12(b)(2)] - Signed by Chief Judge Louise Wood Flanagan on 09/29/2011. (Baker, C.) Modified on 9/30/2011 to correct docket entry text. (Baker, C.)
November 17, 2011 622 Opinion or Order of the Court ORDER denying 556 Motion to Compel - Signed by Magistrate Judge David W. Daniel on 11/16/2011. (Baker, C.)
January 11, 2012 841 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 870 Opinion or Order of the Court ORDER granting 865 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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Plaintiff: Consolidation Coal Company
Represented By: William W. Pollock
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Defendant: Ameren Corporation
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Defendant: American Electric Corporation
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Defendant: Town of Blackstone, Virginia
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Defendant: Bonner Electric, Inc.
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Defendant: Chevron Mining, Inc.
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Defendant: Owen Electric Steel Company of South Carolina
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Defendant: SMI Owen Steel Company, Inc.
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Defendant: SMI Steel
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Defendant: Commercial Metals Company
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Defendant: Cohen and Green Salvage Company, Inc.
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Defendant: Cooper Industries, Inc.
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Defendant: Cotter Electric Company
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Defendant: City of Dover, Delaware
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Defendant: Endicott Clay Products Company
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Defendant: Hagerstown Light Department
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Defendant: Huntsville Utilities
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Defendant: Jet Electric Motor Company
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Defendant: Kelly Generator & Equipment, Inc.
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Defendant: Lafarge Mid-Atlantic, Inc.
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Defendant: Lewis Electric Supply Co., Inc.
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Defendant: City of Mascoutah, Illinois
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Defendant: M-P Electrical Contractors, Inc.
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Defendant: New Southern of Rocky Mount, Inc.
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Defendant: NORTH CAROLINA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
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Defendant: P.C. CAMPANA, INC.
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Defendant: Phoenix Solutions Company
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Defendant: SURRY YADKIN ELECTRIC MEMBERSHIP CORPORATION
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Defendant: Tennessee Associated Electric
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Defendant: Ventech Engineers, Inc.
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Defendant: Veolia Environmental Services Waste-to-Energy
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Defendant: W.R. SCHOFIELD CONSTRUCTION CO.
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Defendant: WHEELABRATOR TECHNOLOGIES, INC.
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