Rover Pipeline LLC v. Rohrs, et al
| Rover Pipeline LLC |
| Rohrs, Dona Powell, United Telephone Company of Ohio, Steve Powell, Jo Anne Meyer, Robert G. Dewald, Mary R. Milazzo, Holmstead Farms, LLC, Elaine S. Smith, West Millgrove Gas Company, Joseph Jaskowiak, Nathan E. Burns, Unknown Heirs of Donelda Wilhelm, Deceased, Judith K. Goshe, Martha J. Spitler, Gregory D. Nofziger, James Ronald Rickenberg, Wallace J. Ordway, Donna J. Wise, Ohio Gas Company, Frederick O. Maassel, Dennis Bostelman, Dennis C. Ryan, Janice E. Zellner, Prospect Company, James Alan Lowery, Donald Botjer, Jeffery L. Fox, John D. Hampshire, William P. Stockman, David L. Brodman, Croghan Colonial Bank, Mary Ruth Frisch, Mark A. Imbrock, Chester Phillips, Rebecca S. Miller, William V. Smith, Patricia A. Schilling, Leroy Gobrogge, RJ Carpenter Family Limited Partnership, Delbert H. Behrman, James A. Jacoby, Anita L. Gosche, Linda R. Burn, Sharon A. Peter, Gary E. Woltmann, David Steinberger, Jenny L. Hornish, Downs Farms, Kelbley Farms, LLC, Sheldon Scott Family Farms, LLC, Ruth E. Steinberger, Farm Credit Services of Mid-America, FLCA, Indiana & Ohio Rail Corp., Phillip L. Hornish, Hilda R. Durliant, Kevin P. Kirgis, James D. Kelby, Michigan Southern Railroad Company, Delbert L. Morter, Thomas L. Hornish, Steven M. Powell, Sherri K. Kelly, Judy A. Ryan, Michael M. Imbrock, Mark A. Smith, Susan K. Phillips, Kenneth A. Stearns, Jerry E. Wise, Home Savings and Loan Company of Youngstown, Ohio, Exelon Generation Company, LLC, Mark S. Wagner, Ohio Power Company, Joseph C. Gosche, John Powell, Gretta L. Burns, Lois E. Hornish, Frank D. Bugner, Gerald D. Meyer, Helen M. Powell, BP Pipelines (North America) Inc. As successor to Standard Oil Co., Gary L. Smith, Lyle M. Linn, Sutton Bank, North Coast Gas Transmission LLC, Linda H. Oberhaus, Carla S. Wagner, Mary Loree Pahl, Joanne L. Lowery, Kim E. Kirgis, L R & J Family Farms II Ltd., Clark N. Emmons, Black Swamp Conservancy, Norman L. Daniel, Michael J. Stearns, James P. Smith, State Bank and Trust Company, Lowell L. Oberhaus, Marlene Kay Lowery, Ohio Central Telephone Corporation, Gary L. Holman, Jolene R. Kelbley, Desgranges Brothers, Inc., Renee Wenzinger, Jean A. Hornish, Gregory P. Smith, Dona L. Powell, Robert L. Cobb, II, Darla K. Jones, David B. Fitzpatrick, Joann M. Gerken, Burns Family Farms, LLC, Farmers & Merchants State Bank, Martha K. Cobb, Lee J. Koehler, Donna McManus, Panhandle Eastern Pipe Line Company, David E. Cassidy, Farm Credit Services of America, FLCA, Justine G. Fox, William Wilhelm, Patricia A. Godeke, Denise M. Hornish, Standard Oil Company, Joyce A. Elchert, Gerald J. Bumb, G & A Farms, Kim D. Brause, Suanne K. Vosz, Donald E. Eberle, Harold L. Hornish, Franklin Gas & Oil Co., Timothy N. Miller, Tamara S. Miller, Deborah S. Feichtner, Margaret L. Gobrogge, Jackie A. Jacoby, Mutual Oil & Gas Co., Joseph P. Lause, Valerie Rickenberg, Julia A. Burns, Douglas E. Coppus, North Central Farm Bureau Electric Cooperative, Inc., Timothy C. Milazzo, Rita Arend Rohrs, Charles P. Schilling, Norfolk Southern Railway Company, Ruthee A. Dewald, Steven G. Smith, Mary D. Feehan, Herbert Harpster, Donna M. Daniel, Darrell L. Botjer, Nichole E. England, Unknown Heirs of Geraldine Goon, Deceased, Terri L. Brown, Edward E. Kirgis, Mary A. Smith, Unknown Heirs of Charles Westrick, Deceased, Susan M. Flowers, North Western Electric Cooperative, Inc., Terry L. Woltmann, Helen Gobrogge, Andrea J. Cook, Debra A. Oberhaus, Bascom Mutual Telephone Company, Valeria V. Nye, Air Energy TCI, Inc., Crossroads Pipeline Company, Roger A. Daniel, Robert J. Schilling, First Federal Bank of the Midwest, Tricounty Rural Electric Cooperative, Inc., Sheryl K. Holman, Anita C. Gerkens, Thomas A. Waldock, Robert L. Cobb, Donald J. Daniel, Robin L. Bresler, Brian D. Rohrs, Heidi R. Wilhelm, Geraldine M. Emmons, Jane M. Kelby, Donna L. Morter, Robert L. Rettig, Lee E. Groll, Citibank, N.A., Henry E. Vosz, Steven W. Eberle, Gerald F. Lowery, Shirley A. Bumb, Joyce Eberle, Ohio Bell Telephone Company, Jeffrey D. Wagner, Carol A. Smith, Shiff Family Limited Partnership, Rebecca S. Jaskowiak, Cyril G. Gosche, Brundage Farm, Columbia Gas Transmission, LLC, Tammy S. Cobb, Charles D. Hornish, Kenneth E. Powell, Dale A. Peter, AT&T Corp., Toledo Edison Company, Linda Wise, Continental Cablevision, Inc., Gary Wiens, James L. Elchert, Jane M. Stearns, Dena R. Imbrock, Kristi M. Cassidy, Corn City State Bank, Melissa A. Daniel, Evelyn Hornish Schlosser, Patty A. Frisch, Huntington Bancshares Incorporated, Barbara Ann Turley, Debra A. Rhamy, Carol A. Linn, Marty A. Behrman, Unknown Heirs of Evelyn Mack, Deceased, Penn Central Corporation, Neree D. Emmons, Family Trust of Arthur C. Hall and Lesta K. Hall dated October 28, 1999, Martha J. Lause, Timothy S. Behrman, Sheila Wiens, Patricia A. Steinberger, Edward A. Daniel, Citigroup, Inc., AgCredit, Agricultural Credit Association, Cathy S. Groll, Chase National Bank of the City of New York, Marie A. Schroth, Tiffin Masonic Real Estate, Inc., Saddlewood, LLC, Mark A. Oberhaus, Hamler State Bank, Karl J Steinberger, Lorna I. Behrman, Ronald P. Frisch, JoAnne Meyer, CenturyLink, Hancock-Wood Electric Cooperative, Inc., Jeffrey A. Lang, Homer Edward Rudy, Reserve Energy Exploration Company, Jane E. Smith, Donan Farms, LLC, Exelon Wind, LLC, Gavin L. Koehler, Michael A. Cook, Bonnie S. Ziegler, D & H Oil, LLC, Sandra L. Fitzpatrick, Bernice Louise Holman, Thomas L. Wise, Patty J. Stearns, Luann K. Brodman, ANR Pipeline Company, Fruth Legacy Farms, LLC, Bank of America Corporation, Mary Ellen Gosche, Anthony A. Lause, Edward N. Goshe, Jr., Ohio Turnpike Commission, Janet Kay Rickenberg, KNG Energy, Inc., Sara A. Sheidler, Sherri Klingshirn, Federal Land Bank Association of Fostoria, FLCA, Alan D. Sheidler, Dorothy R. Reinhart, Valerie A. Heydinger, Jewell A. Hemminger, Rinebold Farm LLC, Marcella D. Ordway, Violet Sue Souvenier, Shirley J. Woltmann, Benedict L. Heydinger, Mark E. Ziegler, CSX Transportation, Inc., Holly L. Wilhelm, Robert L. Feehan, Henry W. Godeke, Buckeye Pipe Line Company, LP, Kenneth J. Schroth, Erick J. England, Buckeye Production Credit Association, Amy K. Wagner, Brenda K. Short, Benjamin J. Kelbley, Christopher J. Turley, Sandra K. Koehler, Marvin M. Imbrock, Robert J. Reinhart, Debra A. Imbrock, Loretta M. Imbrock, Lavina A. Nickels, Elizabeth M. Rettig, James R. Gerken, Ryan W. Wilhelm, Edward Gobrogge, Melvin F. Nickels, Bullfrog 430, LLC, Sandy M. Lang, North Central Electric Cooperative, Inc., Tony McManus, Harold Joseph Lowery, James F. Flowers, Carol Schubert, Luann C. Flowers, Mary M. Harpster, Robert H. Monroe, Holly L. Smith, Deborah S. Tuck, Violet Sue Rader and Michigan Southern Railroad Company doing business as Napoleon Defiance & Western Railway |
| David Rosenblum Cohen |
| 3:2017cv00225 |
| February 6, 2017 |
| US District Court for the Northern District of Ohio |
| Toledo Office |
| Defiance |
| James G Carr |
| Jack Zouhary |
| Condemnation |
| 15 U.S.C. § 717 |
| Defendant |
Docket Report
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This docket was last retrieved on September 10, 2020. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 437 True copy of order from the USCA for the Sixth Circuit: Dismissing the appeal, upon stipulation of the parties re #429 Notice of Appeal (USCA# 20-3313). Date issued by USCA 9/8/20 (H,SP) |
Order [non-document] granting Defendants' #436 Motion to withdraw document #428 Motion for Prejudgment Interest. Parties indicates a settlement; Stipulated Dismissal Entry due 9/1/2020. Judge James G. Carr on 7/15/2020. (D,TM)
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| Filing 436 Joint Settlement Notice and Motion Request to Withdraw #428 Motion for Prejudgment Interest filed by All Plaintiffs. (Brunton, Gregory) Modified text/event on 7/14/2020 (D,TM). |
| Filing 435 Stipulated Order and Notice of Party Dismissal of all claims currently pending against KNG Energy, Inc. Defendant KNG Energy, Inc., dismissed without prejudice. Related Document(s) #434 . Judge James G. Carr on 6/29/2020. (D,TM) |
| Filing 434 Joint Motion to dismiss party Defendant KNG Energy, Inc. filed by Plaintiff Rover Pipeline LLC. (Moore, Bruce) |
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Order [non-document] granting Joint #433 Motion to dismiss party defendant L R & J Family Farms II Ltd., without prejudice. Judge James G. Carr on 5/15/2020. (D,TM)
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| Filing 433 Joint Motion to dismiss party Defendant LR&J Family Farms II, LTD filed by Plaintiff Rover Pipeline LLC. (Brunton, Gregory) Modified text and term 2nd part motion on 5/15/2020 (D,TM). |
| Filing 432 Reply in support of #428 Motion Prejudgment Interest on Commission Award with Memorandum in Support filed by Valeria V. Nye, Jane M. Stearns, Kenneth A. Stearns, Michael J. Stearns, Patty J. Stearns, Barbara Ann Turley, Christopher J. Turley, Thomas A. Waldock. (Murry, Zachary) |
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Order [non-document] denying as moot #431 Defendant Landowners Motion for extension of time until 4/07/2020 to file Reply in support of Motion for Prejudgment Interest on Commission Award. Reply filed at document #432 . Judge James G. Carr on 4/7/2020.(D,TM)
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| Filing 431 Motion for extension of time until 04/07/2020 to File Reply in Support of Motion for Prejudgment Interrest on Commission Award filed by Valeria V. Nye, Jane M. Stearns, Kenneth A. Stearns, Michael J. Stearns, Patty J. Stearns, Barbara Ann Turley, Christopher J. Turley, Thomas A. Waldock. (Attachments: #1 Proposed Order)(Murry, Zachary) |
| Filing 430 Opposition to #428 Motion Prejudgment Interest on Commission Award with Memorandum in Support filed by Rover Pipeline LLC. (Brunton, Gregory) |
| Acknowledgment from the USCA for Sixth Circuit of receipt of #429 Notice of Appeal (USCA# 20-3313). Date filed in USCA 3/19/2020. (S,AN) |
| Filing 429 NOTICE OF APPEAL to the Sixth Circuit Court of Appeals from the #393 Order on Motion in Limine of 3/1/19, #426 Order and #427 Judgment Entry of 2/18/20, #398 Order on Motion for reconsideration of 4/2/19, filed by Valeria V. Nye, Jane M. Stearns, Kenneth A. Stearns, Michael J. Stearns, Patty J. Stearns, Barbara Ann Turley, Christopher J. Turley, Thomas A. Waldock. (Filing fee $505, receipt number AOHNDC-9864982) (Murry, Zachary) |
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Order: [non-document] Rover Pipeline to file a response to Landowners #428 Motion for prejudgment interest on commission award on or before 3/20/2020; Defendant landowners to file a reply on or before 3/31/2020. Judge James G. Carr on 3/5/2020. (D,TM)
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| Filing 428 Motion Prejudgment Interest on Commission Award with Memorandum in Support filed by Valeria V. Nye, Jane M. Stearns, Kenneth A. Stearns, Michael J. Stearns, Patty J. Stearns, Barbara Ann Turley, Christopher J. Turley, Thomas A. Waldock. (Attachments: #1 Exhibit 1 - Notices from Ohio Department of Taxation)(Murry, Zachary) |
| Filing 427 Judgment Entry: In accordance with the #426 order filed contemporaneously with this judgment entry, it is hereby ORDERED THAT: Defendants' objections to the Commissions Report and Recommendation regarding Landowner Compensation [Doc. 421] be, and the same hereby are, overruled. The Commission's Report and Recommendation regarding Landowner Compensation [Doc. 418] be, and the same hereby is, adopted as the order of the court. In accordance with the Commission's Report and Recommendation regarding Landowner Compensation, judgment be, and the same hereby is, entered against Rover Pipeline LLC and in favor of the defendant landowners as follow: Judgment in favor of defendant Thomas Waldock, Trustee, in the amount of $100,552.00. Judgment in favor of defendant Michael Stearns, Trustee, in the amount of $44,974.00. Judgment in favor of defendant Patty Stearns, Trustee, in the amount of $51,128.00. Judgment in favor of defendant Valeria Nye in the amount of $90,780.00. Judgment in favor of defendant Barbara Turley-Slosser in the amount of $48,215.00. Judgment in favor of defendant Chris Turley in the amount of $41,342.00. Judgment in favor of defendant Kenneth and Jane Stearns, Trustees, in the amount of $43,554.00. Case closed. Judge James G. Carr on 2/18/2020. (D,TM) |
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Filing 426
Order: The landowners objections Doc. #421 be, and the same hereby are, overruled. The Commission's Report and Recommendation regarding Landowner Compensation Doc. #418 be, and the same hereby is, adopted as the order of the court. The clerk shall enter judgment in favor of the landowners and against Rover Pipeline LLC in accordance with the recommended compensation awards on page 1 of the Report and Recommendation. Judge James G. Carr on 2/18/2020. (D,TM)
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| LAST NOTICE: Prepare now and avoid delays logging in later. The U.S. District Court for the Northern District of Ohio [OHND] will be upgrading CM/ECF to the Next Generation of CM/ECF [NextGen] on February 10, 2020. In order to complete our final transition to NextGen, CM/ECF will be offline starting at 12:00 noon on Friday, February 7, 2020, through 11:59 p.m. Sunday, February 9, 2020. Pursuant to General Order 2020-02, we have established an email box, nextgenfilings@ohnd.uscourts.gov, for submitting documents to be filed during this period.Preparing for NextGen is a two-step process. Step one was to obtain or upgrade your PACER account. Each attorney should have their own individual upgraded PACER account at this time. Step two will be to link your upgraded PACER account to your OHND e-filing account in the NextGen CM/ECF system on or after February 10, 2020. # Linking Instructions. You will be unable to e-file until the accounts are linked. If you have any additional questions, please call the Clerk's Office Help Desk at 1-800-355-8498. (SL) (ADI) |
| IMPORTANT: Prepare now and avoid delays logging in later. The U.S. District Court for the Northern District of Ohio [OHND] will be upgrading CM/ECF to the Next Generation of CM/ECF [NextGen] on February 10, 2020. Information regarding NextGen can be found # on the court's website.Preparing for NextGen CM/ECF is a multi-step process. Step one is to obtain or upgrade your PACER account. Currently, attorneys within a firm may share a PACER account. This will not be allowed with NextGen. Each attorney must have their own upgraded PACER account. If you are using a shared PACER account, register for a new PACER account by clicking # here.If you have an upgraded PACER account for another NextGen court or your PACER account was created after August 10, 2014, no further action is required at this time. If neither applies, you must upgrade your legacy PACER account. If this is not done, you will be unable to e-file after February 10, 2020. Instructions for linking your PACER account to your CM/ECF account will be sent in February. If you still have questions, please contact the PACER Service Center at 800-676-6854 or the Clerk's Office Help Desk at 1-800-355-8498. (SL) (ADI) |
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Order [non-document] granting #424 Motion for extension of time to file until 12/20/19 to file a Reply in Support of Objections to Commission Report and Recommendation. It is further ordered that Plaintiffs shall file a reply in support of their objections to the Commission Report on or before 1/6/2020. Judge James G. Carr on 12/23/19.(C,D)
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| Filing 425 Reply Brief in Support of their Objections to Commissioners' Report and Recommendation Regarding Landowner Compensation (Dkt. 418) filed by Valeria V. Nye, Jane M. Stearns, Kenneth A. Stearns, Michael J. Stearns, Patty J. Stearns, Barbara Ann Turley, Christopher J. Turley, Thomas A. Waldock. (Murry, Zachary) |
| Filing 424 Motion for extension of time to file Reply in Support of Objections to Commission Report and Recommendation regarding Landowner Compensation until 12/20/2019 with Memorandum in Support filed by Valeria V. Nye, Jane M. Stearns, Kenneth A. Stearns, Michael J. Stearns, Patty J. Stearns, Barbara Ann Turley, Christopher J. Turley, Thomas A. Waldock. Related document(s) #418 . (Attachments: #1 Proposed Order )(Murry, Zachary) |
| Filing 423 Brief in Opposition to Objections of Defendants to Commission's September 23, 2019 Report and Recommendation filed by Rover Pipeline LLC. Related document(s) #421 . (Brunton, Gregory) |
| Filing 422 Proposed Stipulated Order Extending Deadline for Filing Response to Objections to Commissioners' Report and Recommendations Regarding Landowner Compensation [Dkt. 418] filed by Rover Pipeline LLC. Related document(s) #421 . (Brunton, Gregory) |
| Filing 421 Objection to Commissioners' Report and Recommendation Regarding Landowner Compensation filed by Valeria V. Nye, Jane M. Stearns, Kenneth A. Stearns, Michael J. Stearns, Patty J. Stearns, Barbara Ann Turley, Christopher J. Turley, Thomas A. Waldock. Related document(s) #418 . (Attachments: #1 Appendix, #2 Appendix 1 - Hearing Transcript Vol. 1 (Apr. 15, 2019), #3 Appendix 2 - Hearing Transcript Vol. 2 (Apr. 16, 2019), #4 Appendix 3 - Hearing Transcript Vol. 3 (Apr. 17, 2019), #5 Appendix 4 - Hearing Transcript Vol. 4 (Apr. 18, 2019), #6 Appendix 5 - Hearing Exhibit 28, #7 Appendix 6 - Hearing Exhibit 29, #8 Appendix 7 - Hearing Exhibit 40, #9 Appendix 8 - Hearing Exhibit 41, #10 Appendix 9 - Hearing Exhibit 60, #11 Appendix 10 - Hearing Exhibit 61, #12 Appendix 11 - Hearing Exhibit 48, #13 Appendix 12 - Hearing Exhibit 51, #14 Appendix 13 - Hearing Exhibit 45) (Murry, Zachary) |
| Filing 420 Stipulation & Order extending deadlines. The parties' objections to the Recommendations Regarding Landowner Compensation (Dkt. #418 ) must be filed by November 4, 2019. Judge James G. Carr on 10/1/19. (C,D) |
| Filing 419 Proposed Stipulated Order extending deadline for filing Objections to Commissioners' Report and Recommendations regarding Landowner Compensation filed by Valeria V. Nye, Jane M. Stearns, Kenneth A. Stearns, Michael J. Stearns, Patty J. Stearns, Barbara Ann Turley, Christopher J. Turley, Thomas A. Waldock. Related document(s) #418 . (Murry, Zachary) |
| Filing 418 Report and Recommendation regarding Landowner Compensation filed by David Rosenblum Cohen. (Cohen, David) |
| Filing 417 Notice of Supplemental Instruction filed by All Plaintiffs. Related document(s) #401 .(Brunton, Gregory) |
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Order [non-document] of Status Conference held on 7/2/19 re. landowners' motion to supplement the record before the commission (Doc. #416 ). Time: 25 Minutes. Court Reporter: Angela Nixon (419.213.5518). By 8:00 a.m. on July 3, 2019, parties to submit proposed instructions to the commissioners to use in their deliberations. Judge James G. Carr on 7/2/19. (C,D)
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| IMPORTANT: Notice [non-document] of Status Conference set for 7/2/2019 at 12:00 PM in to be held telephonically before Judge James G. Carr using the court's conference line (1-877-336-1839 Access Code 8856866). (C,EA) |
| Filing 416 Motion to supplement the Record Before the Commission and Memorandum of Points and Authorities in Support Thereof filed by Valeria V. Nye, Jane M. Stearns, Kenneth A. Stearns, Michael J. Stearns, Patty J. Stearns, Barbara Ann Turley, Christopher J. Turley, Thomas A. Waldock. (Attachments: #1 Exhibit A - June 5, 2019 Opinion and Judgment Entry, #2 Exhibit B - Notice of Appeal)(Murry, Zachary) |
| Filing 415 Proposed Report and Recommendation of Commission filed by Rover Pipeline LLC. (Attachments: #1 Proposed Verdict Forms) (Brunton, Gregory) Modified text on 5/25/2019 (M,L). |
| Filing 414 Post-Hearing Brief filed by Valeria V. Nye, Jane M. Stearns, Kenneth A. Stearns, Michael J. Stearns, Patty J. Stearns, Barbara Ann Turley, Christopher J. Turley, Thomas A. Waldock. (Murry, Zachary) |
| Filing 413 Transcript (Master Exhibit List) of Commission Hearing held on 04/15/2019 - 04/18/2019 before Judge Special Master David R. Cohen. To obtain a bound copy of this transcript please contact court reporter Stacey L. Kiprotich at 419-213-5520. [Master Exhibit Index [3 pages] Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 5/20/2019. Redaction Request due 6/3/2019. Redacted Transcript Deadline set for 6/13/2019. Release of Transcript Restriction set for 8/12/2019. Related document(s) #403 . (K,SL) Modified text on 5/16/2019 (M,L). |
| Filing 412 SEALED Transcript of Commission Hearing held on 04/18/2019 before Judge Special Master David R. Cohen. Court Reporter: Stacey L. Kiprotich. [4 pages] Related document(s) #403 and #411 . (K,SL) |
| Filing 411 Transcript of Commission Hearing held on 04/18/2019 before Judge Special Master David R. Cohen. To obtain a bound copy of this transcript please contact court reporter Stacey L. Kiprotich at 419-213-5520. [Volume 4, Pages 658-763 [106 pages] Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 5/20/2019. Redaction Request due 6/3/2019. Redacted Transcript Deadline set for 6/13/2019. Release of Transcript Restriction set for 8/12/2019. Related document(s) #403 . (K,SL) |
| Filing 410 SEALED Transcript of Commission Hearing held on 04/17/2019 before Judge Special Master David R. Cohen. Court Reporter: Stacey L. Kiprotich. [46 pages] Related document(s) #403 and #409 . (K,SL) |
| Filing 409 Transcript of Commission Hearing held on 04/17/2019 before Judge Special Master David R. Cohen. To obtain a bound copy of this transcript please contact court reporter Stacey L. Kiprotich at 419-213-5520. [Volume 3, Pages 474-657 [184 pages] Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 5/20/2019. Redaction Request due 6/3/2019. Redacted Transcript Deadline set for 6/13/2019. Release of Transcript Restriction set for 8/12/2019. Related document(s) #403 . (K,SL) |
| Filing 408 SEALED Transcript of Commission Hearing held on 04/16/2019 before Judge Special Master David R. Cohen. Court Reporter: Stacey L. Kiprotich. [11 pages (Redacted Discussion) pages] Related document(s) #403 and #407 . (K,SL) |
| Filing 407 Transcript of Commission Hearing held on 04/16/2019 before Judge Special Master David R. Cohen. To obtain a bound copy of this transcript please contact court reporter Stacey L. Kiprotich at 419-213-5520. [Volume 2 Pages 194-473 [280 pages] Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 5/17/2019. Redaction Request due 5/31/2019. Redacted Transcript Deadline set for 6/10/2019. Release of Transcript Restriction set for 8/8/2019. Related document(s) #403 . (K,SL) |
| Filing 406 SEALED Transcript of Commission Hearing held on 04/15/2019 before Judge Special Master David R. Cohen. Court Reporter: Stacey L. Kiprotich. [3 (Proffer) pages] Related document(s) #403 and #405 . (K,SL) |
| Filing 405 Transcript of Commission Hearing held on 04/15/2019 before Judge Special Master David R. Cohen. To obtain a bound copy of this transcript please contact court reporter Stacey L. Kiprotich at 419-213-5520. [Volume 1 (1-193 pages] Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 5/17/2019. Redaction Request due 5/31/2019. Redacted Transcript Deadline set for 6/10/2019. Release of Transcript Restriction set for 8/8/2019. Related document(s) #403 . (K,SL) |
| Filing 404 Non-Appeal Transcript Order Form for proceedings held on April 17, 2019 before Judge James G. Carr, Court Reporter: Stacey Kiprotich. Requested completion date: April 17, 2019 filed by Rover Pipeline LLC. (Brunton, Gregory) |
| Filing 403 Non-Appeal Transcript Order Form for proceedings held on April 15-18, 2019 before Judge James G. Carr, Court Reporter: Stacey Kiprotich. Requested completion date: May 10, 2019 filed by Rover Pipeline LLC. (Brunton, Gregory) |
| Filing 402 Expedited Non-Appeal Transcript Order Form for proceedings held on April 15-18, 2019 before Judge James G. Carr, Court Reporter: Stacey Kiprotich. Requested completion date: May 10, 2019 filed by Rover Pipeline LLC. (Brunton, Gregory) |
| Filing 401 Final Commission Instructions, filed by Valeria V. Nye, Jane M. Stearns, Kenneth A. Stearns, Michael J. Stearns, Patty J. Stearns, Barbara Ann Turley, Christopher J. Turley, Thomas A. Waldock. (Murry, Zachary) |
| Filing 400 Transcript of Phone Conference held on April 12, 2019 before Judge James G. Carr. To obtain a bound copy of this transcript please contact court reporter Angela Nixon at (419) 260-5259. [29 pages] Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 4/19/2019. Redaction Request due 5/3/2019. Redacted Transcript Deadline set for 5/13/2019. Release of Transcript Restriction set for 7/11/2019. (N,A) |
| Filing 399 Expedited Non-Appeal Transcript Order Form for proceedings held on 4/12/19 before Judge Algenon Marbley, Court Reporter: Angela Nixon. Requested completion date: 4/12/2019 filed by Rover Pipeline LLC. (Brunton, Gregory) |
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Filing 398
Order : The motion for reconsideration (Doc. #395 ) be, and the same hereby is, granted in part and denied in part as provided herein. The request to certify an order for interlocutory appeal be, and the same hereby is, denied. Rover's request for sanctions (Doc. #396 ) be, and the same hereby is, denied. Judge James G. Carr on 4/2/19.(C,D)
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| Filing 397 Reply in support of #395 Motion for reconsideration or in the Alternative, Motion to Permit an Interlocutory Appeal and Stay Proceedings and #396 Memorandum in Opposition to Motion for sanctions filed by Valeria V. Nye, Jane M. Stearns, Kenneth A. Stearns, Michael J. Stearns, Patty J. Stearns, Barbara Ann Turley, Christopher J. Turley, Thomas A. Waldock. (Attachments: #1 Exhibit A-May 8, 2018 Barna Appraisal, #2 Exhibit B-Sept. 19, 2018, Supplemental Report of Barna, #3 Exhibit C-May 23, 2018, Commission Hearing Transcript, Vol.2, #4 Exhibit D-May 23, 2018, Commission Hearing Transcript, Vol.1, #5 Exhibit E-PA Commission Report as to Determination of Just Compensation, #6 Exhibit F-Excerpt from Appraisal of Real Estate 14th Edition)(Murry, Zachary) Modified text on 4/5/2019 (M,L). |
| Filing 396 Opposition to #395 Motion for reconsideration or in the Alternative, Motion to Permit an Interlocutory Appeal and Stay Proceedings and Motion for sanctions with Memorandum in Support filed by All Plaintiffs. (Brunton, Gregory) |
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Order [non-document] The Court hereby modifies the response/reply deadlines to the pending Motion for reconsideration or in the Alternative, Motion to Permit an Interlocutory Appeal and Stay Proceedings(re #395 ) as follows: Response due by 3/25/19, Reply due by 3/29/2019. Judge James G. Carr on 3/22/19. (C,D)
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Order : [non-document] Plaintiff's Response to Defendants' (re #395 ) Motion for reconsideration or in the Alternative, Motion to Permit an Interlocutory Appeal and Stay Proceedings due on or before 3/29/19; Defendants' Reply due by 4/5/2019. Judge James G. Carr on 3/21/19. (C,D) Modified on 3/22/2019 to correct Reply due date (C,D). Modified on 3/22/2019 (C,D).
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| Filing 395 Notice of New Court Decision Decided February 21, 2019 Directly In Point Involving Rover Pipeline and Motion for reconsideration or in the Alternative, Motion to Permit an Interlocutory Appeal and Stay Proceedings and Memorandum of Points and Authorities in Support Thereof filed by Valeria V. Nye, Jane M. Stearns, Kenneth A. Stearns, Michael J. Stearns, Patty J. Stearns, Barbara Ann Turley, Christopher J. Turley, Thomas A. Waldock. Related document(s) #393 . (Attachments: #1 Exhibit A - February 27, 2019 Transcript of Phone Conference, #2 Exhibit B - Rover Pipeline LLC v Rover Tract No. PA-WA-HL-004.500T)(Murry, Zachary). Added Motion and modified text on 3/20/2019 (M,L). |
| Filing 394 Transcript of Phone Conference held on February 27, 2019 before Judge James G. Carr. To obtain a bound copy of this transcript please contact court reporter Angela Nixon at (419) 260-5259. [20 pages] Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 3/15/2019. Redaction Request due 3/29/2019. Redacted Transcript Deadline set for 4/8/2019. Release of Transcript Restriction set for 6/6/2019. (N,A) |
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Filing 393
Order: Motion to exclude Paul Andre's testimony (Doc. #362 ) be, and the same hereby is, denied. Motion to exclude Brian McMahon's testimony (Doc. #363 ) be, and the same hereby is, granted. Motion to exclude Les Widmer's testimony (Doc. #364 ) be, and the same hereby is, granted. Motion to exclude Jason Whalen's testimony (Doc. #366 ) be, and the same hereby is, granted. Motion to exclude Mark Koeninger's and Eric Gardner's testimony (Doc. #367 ) be, and the same hereby is, granted. Judge James G. Carr on 3/1/19.(C,D)
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| Filing 392 Expedited Non-Appeal Transcript Order Form for proceedings held on February 27, 2019 before Judge James G. Carr, Court Reporter: Angela Nixon. Requested completion date: March 6, 2019 filed by Valeria V. Nye, Jane M. Stearns, Kenneth A. Stearns, Michael J. Stearns, Patty J. Stearns, Barbara Ann Turley, Christopher J. Turley, Thomas A. Waldock. (Murry, Zachary) |
| IMPORTANT: Notice [non-document] of Status Conference set for 2/27/2019 at 12:00 PM in to be held telephonically before Judge James G. Carr Using the court's conference line 1-877-336-1839 Access Code: 8856866 (C,D) |
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Order [non-document] of Status Conference held on 1/29/19. Time: 10 Minutes. Court reporter: Angela Nixon. The motion to compel(Doc. 370) is denied for the reasons stated on the record. Judge James G. Carr on 1/30/19. (C,D)
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| IMPORTANT: Notice [non-document] of Status Conference set for 1/29/2019 at 02:30 PM (EDT) to be held telephonically before Judge James G. Carr. The court will initiate the call.Related document(s) #370 . (C,D) |
| Filing 391 Reply to Memorandum in Opposition to #366 Motion in limine to Exclude Opinion Testimony and Reports of Jason Whalen filed by Rover Pipeline LLC. (Brunton, Gregory) |
| Filing 390 Reply to Memorandum in Opposition to #363 Rover's Motion in limine to Exclude Opinion Testimony and Report of Brian McMahon filed by Rover Pipeline LLC. (Brunton, Gregory) |
| Filing 389 Reply to Memorandum in Opposition to #362 Rover's Motion in limine to Exclude Opinion Testimony of Paul Andre filed by Rover Pipeline LLC. (Brunton, Gregory) |
| Filing 388 Reply to Memorandum in Opposition to #364 Rover's Motion in limine to Exclude Opinion Testimony and Expert Report of Les Widmer filed by Rover Pipeline LLC. (Attachments: #1 Exhibit NDOH Opinion, #2 Exhibit FEIS, #3 Exhibit Implentation Plan)(Brunton, Gregory) |
| Filing 387 Reply to Memorandum in Opposition to #367 Rover's Motion in limine to Exclude Testimony and Reports of Experts Mark Koeninger and Eric Gardner filed by Rover Pipeline LLC. (Attachments: #1 Exhibit ROW Magazine)(Brunton, Gregory) |
| Filing 386 Opposition to #366 Motion in limine to Exclude Opinion Testimony and Reports of Jason Whalen , #363 Motion in limine to Exclude Opinion Testimony and Report of Brian McMahon and Request for Evidentiary Hearing filed by Valeria V. Nye, Jane M. Stearns, Kenneth A. Stearns, Michael J. Stearns, Patty J. Stearns, Barbara Ann Turley, Christopher J. Turley, Thomas A. Waldock. (Attachments: #1 Exhibit A-McMahon Report, #2 Exhibit B-McMahon Dep. Transcript, #3 Exhibit C-Whalen Report, #4 Exhibit D-Whalen Dep. Transcript)(Murry, Zachary) |
| Filing 385 Opposition to #364 Motion in limine to Exclude Opinion Testimony and Expert Report of Les Widmer and Request for Evidentiary Hearing filed by Valeria V. Nye, Jane M. Stearns, Kenneth A. Stearns, Michael J. Stearns, Patty J. Stearns, Barbara Ann Turley, Christopher J. Turley, Thomas A. Waldock. (Attachments: #1 Exhibit A-Widmer Declaration and Report, #2 Exhibit B-FEIS Excerpt, #3 Exhibit C-Dennis Nye Dep. Transcript, #4 Exhibit D-Michael Stearns Dep. Transcript, #5 Exhibit E-Kenneth Stearns Dep. Transcript, #6 Exhibit F-Barbara Slosser Dep. Transcript)(Murry, Zachary) |
| Filing 384 Reply in support of #370 Motion for an Order to Comply with Subpoena and to Show Cause and Motion for attorney fees filed by Valeria V. Nye, Jane M. Stearns, Kenneth A. Stearns, Michael J. Stearns, Patty J. Stearns, Barbara Ann Turley, Christopher J. Turley, Thomas A. Waldock. (Murry, Zachary) |
| Filing 383 Reply in support of #359 Motion in limine No. 1: To Exclude Plaintiff's Putative Experts Mike Israni and Richard D. Huriaux, PE filed by Valeria V. Nye, Jane M. Stearns, Kenneth A. Stearns, Michael J. Stearns, Patty J. Stearns, Barbara Ann Turley, Christopher J. Turley, Thomas A. Waldock. (Murry, Zachary) |
| Filing 382 Reply in support of #360 Motion in limine No. 2: To Exclude Study Entitled "Pipeline Impact to Property Value and Property Insurability" and Memorandum of Points and Authorities in Support Thereof filed by Valeria V. Nye, Jane M. Stearns, Kenneth A. Stearns, Michael J. Stearns, Patty J. Stearns, Barbara Ann Turley, Christopher J. Turley, Thomas A. Waldock. (Attachments: #1 Exhibit A - INGAA Website - Energy Transfer Partners, LP)(Murry, Zachary) |
| Filing 381 Opposition to #362 Motion in limine to Exclude Opinion Testimony of Paul Andre filed by Valeria V. Nye, Jane M. Stearns, Kenneth A. Stearns, Michael J. Stearns, Patty J. Stearns, Barbara Ann Turley, Christopher J. Turley, Thomas A. Waldock. (Attachments: #1 Exhibit A - Declaration of Paul Andre, #2 Exhibit B - Construction Photographs, #3 Exhibit C - Dennis Nye Deposition Excerpt, #4 Exhibit D - Michael Stearns Deposition Excerpt, #5 Exhibit E - Kenneth Stearns Deposition Excerpt, #6 Exhibit F - Barbara Slosser-Turley Deposition Excerpt)(Murry, Zachary) Modified to correct linkage on 1/7/2019 (M,L). |
| Filing 380 Opposition to #367 Motion in limine to Exclude Testimony and Reports of Experts Mark Koeninger and Eric Gardner regarding the alleged diminuation in market value of property outside of Rover's easement areas and Request for Evidentiary Hearing filed by Valeria V. Nye, Jane M. Stearns, Kenneth A. Stearns, Michael J. Stearns, Patty J. Stearns, Barbara Ann Turley, Christopher J. Turley, Thomas A. Waldock. (Attachments: #1 Exhibit A - Environmental Impact, #2 Exhibit B - Deposition of Eric Gardner, #3 Exhibit C - Koeniger Report & Drawing, #4 Exhibit D - Deposition of Mark Koeninger, #5 Exhibit E - Eric Gardner Resume, #6 Exhibit F - Mark Koeninger Resume, #7 Exhibit G - June 23, 2009 Order (Dkt No. 724), #8 Exhibit H - 2002 Guardian Pipeline Study, #9 Exhibit I - Nye Parcel 1 Appraisal, #10 Exhibit J - Jason Whalen Deposition)(Murry, Zachary) Modified text on 1/23/2019 (M,L). |
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Filing 379
Order granting Motion to withdraw Motion of Plaintiff Rover Pipeline LLC towithdraw its Motion in Limine to Exclude Opinion Testimony and Expert Report of Les Widmer(ECF #361 ) which was filed with an error and then refiled correctly.Judge James G. Carr on 12/27/18.(C,D)
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Filing 378
Order granting #377 Motion for Extension of Time to File Response/Reply re #364 Motion in limine to Exclude Opinion Testimony and Expert Report of Les Widmer , #367 Motion in limine to Exclude Testimony and Reports of Experts Mark Koeninger and Eric Gardner , #359 Motion in limine No. 1: To Exclude Plaintiff's Putative Experts Mike Israni and Richard D. Huriaux, PE, #360 Motion in limine No. 2: To Exclude Study Entitled "Pipeline Impact to Property Value and Property Insurability" and Memorandum of Points and Authorities in Support Thereof, #363 Motion in limine to Exclude Opinion Testimony and Report of Brian McMahon , #366 Motion in limine to Exclude Opinion Testimony and Reports of Jason Whalen , #362 Motion in limine to Exclude Opinion Testimony of Paul Andre .Response Deadline set for 1/4/2019. Judge James G. Carr on 12/27/18.(C,D)
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| Filing 377 Final Motion for extension of time until January 4, 2019 to file response/reply to #364 Motion in limine to Exclude Opinion Testimony and Expert Report of Les Widmer , #366 Motion in limine to Exclude Opinion Testimony and Reports of Jason Whalen , #367 Motion in limine to Exclude Testimony and Reports of Experts Mark Koeninger and Eric Gardner , #362 Motion in limine to Exclude Opinion Testimony of Paul Andre , #359 Motion in limine No. 1: To Exclude Plaintiff's Putative Experts Mike Israni and Richard D. Huriaux, PE, #370 Motion for an Order to Comply with Subpoena and to Show Cause andMotion for attorney fees, #360 Motion in limine No. 2: To Exclude Study Entitled "Pipeline Impact to Property Value and Property Insurability" and Memorandum of Points and Authorities in Support Thereof, #363 Motion in limine to Exclude Opinion Testimony and Report of Brian McMahon filed by Valeria V. Nye, Jane M. Stearns, Kenneth A. Stearns, Michael J. Stearns, Patty J. Stearns, Barbara Ann Turley, Christopher J. Turley, Thomas A. Waldock. Related document(s) #364 , #366 , #367 , #362 , #359 , #370 , #360 , #363 . (Attachments: #1 Proposed Order)(Murry, Zachary) |
| Filing 376 Motion for extension of to file all briefing relating to all current outstanding Motions, including all Motions in Limine until December 26, 2018 filed by Valeria V. Nye, Jane M. Stearns, Kenneth A. Stearns, Michael J. Stearns, Patty J. Stearns, Barbara Ann Turley, Christopher J. Turley, Thomas A. Waldock. (Attachments: #1 Proposed Order)(Murry, Zachary) Modified text on 1/12/2019 (M,L). |
| Filing 375 Opposition to #360 Motion in limine No. 2: To Exclude Study Entitled "Pipeline Impact to Property Value and Property Insurability" and Memorandum of Points and Authorities in Support Thereof filed by Rover Pipeline LLC. (Attachments: #1 Exhibit A - Integra Study)(Brunton, Gregory) |
| Filing 374 Motion for extension of time until December 17, 2018 to file Reply memoranda and Memorandum of Points and Authorities in Support Thereof to #359 Motion in limine No. 1: To Exclude Plaintiff's Putative Experts Mike Israni and Richard D. Huriaux, PE, and #370 Motion for an Order to Comply with Subpoena and to Show Cause and Motion for attorney fees filed by Valeria V. Nye, Jane M. Stearns, Kenneth A. Stearns, Michael J. Stearns, Patty J. Stearns, Barbara Ann Turley, Christopher J. Turley, Thomas A. Waldock. Related document(s) #359 , #370 . (Attachments: #1 Proposed Order)(Murry, Zachary) |
| Filing 373 Response to #359 Motion in limine No. 1: To Exclude Plaintiff's Putative Experts Mike Israni and Richard D. Huriaux, PE filed by Rover Pipeline LLC. (Attachments: #1 Exhibit A - Rebuttal Report of Israni and Huriaux, #2 Exhibit B - Koeninger Deposition Transcript, #3 Exhibit C - Bartter Order, #4 Exhibit D - FEIS Excerpt, #5 Exhibit E - Huriaux Transcript)(Brunton, Gregory) |
| Filing 372 Opposition to #370 Motion for an Order to Comply with Subpoena and to Show Cause and Motion for attorney fees filed by Rover Pipeline LLC. (Brunton, Gregory) |
| Filing 371 Transcript of Telephone Conference held on 11/13/2018 before Senior Judge James G. Carr. To obtain a copy of this transcript please contact court reporter Heidi Blueskye Geizer at 216-357-7092. [19 pages] Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 12/3/2018. Redaction Request due 12/17/2018. Redacted Transcript Deadline set for 12/27/2018. Release of Transcript Restriction set for 2/25/2019. Related document(s) #369 . (G,He) |
| Filing 370 Motion for an Order to Comply with Subpoena and to Show Cause and Motion for Fees with Memorandum of Points and Authorities in Support filed by Valeria V. Nye, Jane M. Stearns, Kenneth A. Stearns, Michael J. Stearns, Patty J. Stearns, Barbara Ann Turley, Christopher J. Turley, Thomas A. Waldock. (Attachments: #1 Exhibit A - Subpoena to Mark E. Ryan, PE, #2 Exhibit B - Rover Pipeline Officials Answer Questions about Project- Ryan Article)(Murry, Zachary). |
| Filing 369 Expedited Non-Appeal Transcript Order Form for proceedings held on November 13, 2018 before Judge James G. Carr, Court Reporter: Heidi Geizer. Requested completion date: November 27, 2018 filed by Valeria V. Nye, Jane M. Stearns, Kenneth A. Stearns, Michael J. Stearns, Patty J. Stearns, Barbara Ann Turley, Christopher J. Turley, Thomas A. Waldock. (Murry, Zachary) |
| Filing 368 Notice of Service of Subpoena to Testify at a Deposition in a Civil Action to Mark E. Ryan, P.E. filed by Valeria V. Nye, Jane M. Stearns, Kenneth A. Stearns, Michael J. Stearns, Patty J. Stearns, Barbara Ann Turley, Christopher J. Turley, Thomas A. Waldock. (Murry, Zachary) |
| Filing 367 Motion in limine to Exclude Testimony and Reports of Experts Mark Koeninger and Eric Gardner filed by Plaintiff Rover Pipeline LLC. (Attachments: #1 Exhibit A-Koeninger Declaration, #2 Exhibit B-Koeninger Report, #3 Exhibit C-Gardner Report, #4 Exhibit D-Gardner Deposition, #5 Exhibit E-Order, #6 Exhibit F-Koeninger Transcript, #7 Exhibit G-FEIS)(Brunton, Gregory) |
| Filing 366 Motion in limine to Exclude Opinion Testimony and Reports of Jason Whalen filed by Plaintiff Rover Pipeline LLC. (Attachments: #1 Exhibit A-Whalen Transcript, #2 Exhibit B-Whalen Declaration, #3 Exhibit C-Whalen Report, #4 Exhibit D-Opinion, #5 Exhibit E-FEIS)(Brunton, Gregory) |
| Filing 365 Motion to withdraw document filed by Plaintiff Rover Pipeline LLC. Related document(s) #361 . (Attachments: #1 Proposed Order)(Brunton, Gregory) |
| Filing 364 Motion in limine to Exclude Opinion Testimony and Expert Report of Les Widmer filed by Plaintiff Rover Pipeline LLC. (Attachments: #1 Exhibit A-Widmer Declaration, #2 Exhibit B-Widmer Report, #3 Exhibit C-FEIS p. 4-204)(Brunton, Gregory) |
| Filing 363 Motion in limine to Exclude Opinion Testimony and Report of Brian McMahon filed by Plaintiff Rover Pipeline LLC. (Attachments: #1 Exhibit A-McMahon Report, #2 Exhibit B-Gardner Report, #3 Exhibit C-McMahon Transcript)(Brunton, Gregory) |
| Filing 362 Motion in limine to Exclude Opinion Testimony of Paul Andre filed by Plaintiff Rover Pipeline LLC. (Attachments: #1 Exhibit A - Andre Declaration)(Brunton, Gregory) |
| Filing 361 Withdrawn per Doc #379 Motion in limine to Exclude Opinion Testimony and Expert Report of Les Widmer filed by Plaintiff Rover Pipeline LLC. (Attachments: #1 Exhibit A - Widmer Declaration, #2 Exhibit B - Widmer Report, #3 Exhibit C - FEIS pgs. 4-204)(Brunton, Gregory) Modified on 12/27/2018 (C,D). |
| Filing 360 Motion in limine No. 2: To Exclude Study Entitled "Pipeline Impact to Property Value and Property Insurability" and Memorandum of Points and Authorities in Support Thereof filed by Valeria V. Nye, Jane M. Stearns, Kenneth A. Stearns, Michael J. Stearns, Patty J. Stearns, Barbara Ann Turley, Christopher J. Turley, Thomas A. Waldock. (Attachments: #1 Exhibit A - INGAA Pipeline Valuation Report, #2 Exhibit B - Anthony Sanna Deposition Excerpt)(Murry, Zachary) |
| Filing 359 Motion in limine No. 1: To Exclude Plaintiff's Putative Experts Mike Israni and Richard D. Huriaux, PE filed by Valeria V. Nye, Jane M. Stearns, Kenneth A. Stearns, Michael J. Stearns, Patty J. Stearns, Barbara Ann Turley, Christopher J. Turley, Thomas A. Waldock. (Attachments: #1 Brief in Support Defendant Property Owners' Memorandum in Support, #2 Index Index of Exhibits, #3 Exhibit A - 10/26/17 Expert Report of Mike Israni and Richard Huriaux, PE (Michigan Litigation), #4 Exhibit B - 8/10/18 Expert Reports of Mike Israni and Richard Huriaux, PE (Ohio Litigation), #5 Exhibit C - 12/20/17 Deposition Transcript of Richard D. Huriaux, PE, #6 Exhibit D - Excerpt of Rover Final Environmental Impact Statement)(Murry, Zachary) |
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Order [non-document] of Discovery Conference held on 11/13/18. Time: 30 Minutes. Court Reporter: Heidi Geizer (216-357-7092). Telephonic discovery conference held re. deadline for motions in limine and defendants' request to depose a senior vice president of Rover Pipeline's parent company. Deadline for motions in limine reset to November 19, 2018. Defendants' brief re. requested deposition due November 20, 2018; plaintiff's response due November 30, 2018; and defendants' reply due December 5, 2018. Judge James G. Carr on 11/14/18. (C,D)
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| Filing 358 Minute Order of Mediation held on 10/17/2018. The case settled and the parties memorialized the terms of their agreement. The parties will file a notice of dismissal on the docket. Time: 7 hours. Magistrate Judge Kathleen B. Burke on 10/18/2018. (D, I) |
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Filing 357
Order granting Joint #356 Motion to Extend Deadlines; Motions in Limine are now due November 15, 2018 and Responses in Opposition to Motions in Limine are due December 15, 2018. Judge James G. Carr on 10/12/18.(C,D)
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| Filing 356 Joint Motion for an additional 30 days of the Motions in Limine Deadline and Response Deadline filed by Plaintiff Rover Pipeline LLC. (Attachments: #1 Proposed Order)(Brunton, Gregory) |
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Filing 355
Order: The order (Doc. #354 ) entered August 29, 2018 granting Defendants motion for leave to file an Amended Answer (Doc. #302 ) is vacated. Leave granted to Defendant Robin Bressler Cook to renew her motion, if appropriate, at the conclusion of pending proceedings before Magistrate JudgeBurke. (Re: #305 ). Judge James G. Carr on 8/30/18. (C,D)
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| Filing 354 VACATED (Re: #355 ) Marginal Entry Order granting Motion for leave to File Amended Answer to Add Counterclaim Instanter and Jury Demand (Related Doc #302 ). Judge James G. Carr on 8/29/18.(C,D) Modified on 8/30/2018 (C,D). |
| IMPORTANT: Notice [non-document] The Mediation Conference currently set for 9/13/2018 before Magistrate Judge Burke is reset for Wednesday, October 17, 2018. All other aspects of the Mediation Scheduling Order (Doc. 342) remain in effect with the following updated deadlines: the parties' mediation statements are now due October 10; Defendant's settlement proposal to Plaintiff is due October 3; Plaintiff's counter proposal is due October 5; and Plaintiff's counsel is to submit the proposals to Chambers on or by October 10. (W,Su) |
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Filing 353
Order of Status Conference held on 8/20/18. Time: 10 Minutes. Defendant Bresler-Cook's motion for an extension of time until September 1, 2018 to produce appraisers report (Doc. #350 ) be, and the same hereby is, granted. Rover to produce rebuttal report(s) no later than October 1, 2018. All other deadlines contained in the parties stipulated scheduling order (Doc. #331 ) be, and the same hereby are, confirmed. Judge James G. Carr on 8/28/18. (C,D)
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| Filing 352 Status Report of Defendant Robin Cook filed by Robin L. Bresler. (Griffith, D.) Modified filer on 8/31/2018 (M,L). |
| IMPORTANT: Notice [non-document] re #331 The Status Conference set for 8/20/2018 will now be held at 04:00 PM (EDT)(instead of 3:00 PM) telephonically before Judge James G. Carr using the court's conference line (1-877-336-1839, Access Code 8856866). Parties to submit status report(s) to(judgecarr_chambers@ohnd.uscourts.gov) on or before 8/13/2018. (C,D) |
| Filing 351 Disclosure of testifying expert witnesses filed by Valeria V. Nye, Jane M. Stearns, Kenneth A. Stearns, Michael J. Stearns, Patty J. Stearns, Barbara Ann Turley, Christopher J. Turley, Thomas A. Waldock. (Murry, Zachary) |
| Filing 350 Motion for extension of time until Sept 1, 2018 to Produce her Appraiser Report filed by Robin L. Bresler-Cook (Griffith, D.) Modified party names on 7/17/2018 (C,D)(7/25/18 D, TM). |
| Filing 349 Marginal Entry Order granting Motion to dismiss without prejudice party Sherri Klingshirn (Trustee of Hardy Family Trust U/A dated September 30, 2015 ). (Related Doc #339 ). Judge James G. Carr on 6/28/18.(C,D) |
| Filing 348 Marginal Entry Order granting Motion to dismiss without prejudice party Saddlewood, LLC. (Related Doc #338 ). Judge James G. Carr on 6/28/18.(C,D) |
| Filing 347 Marginal Entry Order granting Motion to dismiss without prejudice party Frederick O. Maassel. (Related Doc #337 ). Judge James G. Carr on 6/28/18.(C,D) |
| Filing 346 Marginal Entry Order granting Motion to dismiss without prejudice party Harold L. Hornish (Trustee of the Hornish Living Trust Dated August 15, 2002 ) and Jean A. Hornish (Trustee of the Hornish Living Trust dated August 15, 2002 ). (Related Doc #336 ). Judge James G. Carr on 6/28/18.(C,D) |
| Filing 345 Marginal Entry Order granting Motion to dismiss without prejudice party Evelyn Hornish Schlosser (Trustee of the Evelyn Hornish Schlosser Revocable Living Trust Dated 2/27/09). (Related Doc #335 ). Judge James G. Carr on 6/28/18.(C,D) |
| Filing 344 Marginal Entry Order granting Motion to dismiss party Brian D. Rohrs and Rita Arend Rohrs (Trustee under the Revocable Trust Agreement of Brian D. Rohrs dated 3/10/00 and amended 11/16/04) without prejudice (Related Doc #334 ). Judge James G. Carr on 6/28/18.(C,D) |
| Filing 343 Notice of Withdrawal of #287 Motion for Temporary Restraining Order filed by Robin L. Bresler. (Griffith, D.) |
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Order [non-document] The court having previously referred the parties' dispute re. the repair of defendant Bressler's drain tile to Magistrate Judge Burke for mediation/settlement (non-document entry of December 11, 2017), and the parties having represented they wish Magistrate Judge Burke also to mediate their dispute as to the value of the easement over defendant Bressler's property, it is hereby ORDERED THAT: the entire dispute between Rover Pipeline and defendant Bressler be, and the same hereby is, referred to United State Magistrate Judge Kathleen B. Burke for purposes of settlement/mediation. The Magistrate Judge may conduct such proceedings as she deems appropriate to that end. Judge James G. Carr on 6/18/18. (C,D)
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Filing 342
Order setting mediation conference for 9/13/2018 at 10:00 AM in Chambers 480 before Magistrate Judge Kathleen B. Burke. Attorneys are cautioned not to rely on the docket entry only. Read the attached Order for additional information and requirements prior to the mediation conference. NOTE: Conference will take place in the AKRON Courthouse. Magistrate Judge Kathleen B. Burke on 6/14/2018. (D,I)
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| Filing 341 Minute Order of Telephone Conference held on 6/14/2018. Counsel updated the Court as to the status of their progress preparing for the mediation conference. Counsel agreed to communicate with the Court about expanding the referral order to include the value of the easement. After consulting with counsel, the undersigned set the mediation conference for September 13, 2018, at 10:00 a.m. in Chambers 480 before Magistrate Judge Kathleen B. Burke. An updated mediation scheduling order will issue separately. Time: 10 minutes. Magistrate Judge Kathleen B. Burke on 6/14/2018. (D,I) |
| IMPORTANT: Notice [non-document] the telephone conference before Magistrate Judge Burke has been reset for 6/14/2018 at 9:30 a.m. (W,Su) |
| IMPORTANT: Notice [non-document] of Telephone Conference with counsel for Plaintiff and counsel for Defendant Robin Bresler Cook set for 6/13/2018 at 10:00 AM before Magistrate Judge Kathleen B. Burke. Plaintiff's counsel is to set up the call. After all participants are on the line, counsel for Plaintiff is to call Chambers at 330-252-6170. (W,Su) |
| Filing 340 Marginal Entry Order granting Joint Motion to stipulated dismissal without prejudice of party Defendants American Electric Power Company and Ohio Power Company (Related Doc #332 ). Judge James G. Carr on 6/8/18.(C,D) |
| Filing 339 Joint Motion to dismiss party The Hardy Family Trust filed by Plaintiff Rover Pipeline LLC. (Brunton, Gregory) |
| Filing 338 Joint Motion to dismiss party Saddlewood, LLC. filed by Plaintiff Rover Pipeline LLC. (Brunton, Gregory) |
| Filing 337 Joint Motion to dismiss party Frederick Maassel filed by Plaintiff Rover Pipeline LLC. (Brunton, Gregory) |
| Filing 336 Joint Motion to dismiss party Harold and Jean Hornish filed by Plaintiff Rover Pipeline LLC. (Brunton, Gregory) |
| Filing 335 Joint Motion to dismiss party Evelyn Hornish Schlosser filed by Plaintiff Rover Pipeline LLC. (Brunton, Gregory) |
| Filing 334 Joint Motion to dismiss party Brian and Rita Rohrs filed by Plaintiff Rover Pipeline LLC. (Brunton, Gregory) |
| Filing 333 Minute Order of Telephone Conference held on 5/30/2018. Counsel updated the Court as to the status of their preparation for the mediation conference and advised that they require additional time to exchange information. Telephone conference set for 6/6/2018 and the mediation conference set for 6/13/2018 are cancelled. The mediation conference will be rescheduled pending counsel submitting proposed dates to the Court. Time: 15 minutes. Magistrate Judge Kathleen B. Burke on 5/30/2018. (D,I) |
| Filing 332 Joint Motion to dismiss party Defendants American Electric Power Company and Ohio Power Company filed by Plaintiff Rover Pipeline LLC. (Brunton, Gregory) |
| Filing 331 Stipulated Scheduling Order: Defendants/Landowner appraisal and other expert reports are due July 1, 2018. Plaintiff/Rover Pipeline LLC appraisals and other expert reports are due August 1, 2018. The court will hold a telephonic status/scheduling conference on August 20, 2018 at 3:00 p.m. E.D.T. The parties will submit status report(s) on or before August 13, 2018. Rebuttal appraisals and rebuttal expert reports, if any, are due September 4, 2018. Dispositive motions and motions challenging experts are due October 15, 2018. Responses to dispute motions and motions challenging experts are due November 15, 2018. Replies are due December 3, 2018. Hearings before the Commission to begin in February 2019 subject to further scheduling by Commission Chair and the Parties. Judge James G. Carr on 5/9/18. (C,D) |
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Order [non-document] of Status Conference held on 5/8/18. Time: 15 Minutes. Status Conference set for 8/20/2018 at 03:00 PM(EDT) to be held telephonically before Judge James G. Carr using the court's conference line. Parties to call into the court's bridge line (1-877-336-1839, Access Code 8856866). Parties to submit status report(s) to the chambers email address (judgecarr_chambers@ohnd.uscourts.gov) on or before 8/13/2018. Judge James G. Carr on 5/8/18. (C,D)
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Filing 330
Order: The Court appoints the Commissioners listed in its earlier order, (Re: #328 ). The parties will file a joint proposed scheduling order on or before May 7, 2018. All deadlines contained in prior scheduling orders are vacated. The Court will hold a telephone conference at 10:00 am on May 8, 2018, using the court's conference line (1-877-336-1839, Access Code 8856866). The Court will hold a conference on May 21, 2018 at 3:00 p.m. to discuss case management. Judge James G. Carr on 4/18/18. (C,D)
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| Filing 329 Disclosure Regarding Proposed Commissioners filed by Valeria V. Nye, Kenneth A. Stearns, Michael J. Stearns, Patty J. Stearns, Barbara Ann Turley, Christopher J. Turley, Thomas A. Waldock. Related document(s) #328 .(Murry, Zachary) |
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Filing 328
Order regarding appointment of Commissioners. Objection due 4/16/18 by 12:00 PM. The Court will hold a conference on May 21, 2018 at 3:00 p.m. to discuss case management. If any party timely files an objection to appointment of a Commissioner, the Court will also use this conference to: (1) permit the parties to examine the prospective Commissioner, and (2) hear argument regarding the objection. See Order for full details. Judge James G. Carr on 4/6/18. (Attachments: #1 CV of prospective Commissioners)(C,D)
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Filing 327
Order of Status Conference held on 4/4/18. Time: 45 Minutes Further Status Conference set for 4/16/2018 at 01:30 PM (EDT) to be held telephonically before Judge James G. Carr. using the court's conference line (1-877-336-1839, Access Code: 8856866). Initial in-person session with counsel and commissioners set for 5/21/2018 at 03:00 PM in Chambers 307. Judge James G. Carr on 4/6/18. (C,D)
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Filing 326
Order : The requests for injunctive relief (Doc. #263 ) be, and the same hereby are, denied as moot and without prejudice in light of the proceedings held before the undersigned on May 12, 2017, and May 23, 2017. Judge James G. Carr on 3/14/18.(C,D)
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| Filing 325 Minute Order of Telephone Conference held on 3/9/2018. The Court discussed Defendant Cook's unopposed Motion to Stay Mediation (Doc. #322 ). Following discussion, the Court granted Defendant's motion and set the following modified schedule: On or by May 14, 2018, Defendant is to submit her proposal to Plaintiff. On or by May 29, 2018, Plaintiff will respond to the proposal. The Court will conduct a telephonic status conference with counsel on June 6, 2018, at 10:00 a.m., to discuss the developments that have occurred up to that point. Plaintiff's counsel is to set up the call. After all participants are on the line, counsel for Plaintiff is to call Chambers at 330-252-6170. The Mediation Conference will be held on June 13, 2018, at 10:00 a.m. The parties mediation statements and demand and offer exchange (see Doc. #309 , pp. 2, 3) are due June 8. All other aspects of the Courts Mediation Scheduling Order remain in effect. Time: 10 minutes. Magistrate Judge Kathleen B. Burke on 3/9/2018. (D,I) |
| Filing 324 Agreed Order to extend case deadlines. Disclosures pursuant to Federal Rule of Civil Procedure 26(a)(2) shall be made by May 1, 2018. The parties shall exchange appraisals by May 1, 2018. Discovery shall be completed by 7/30/2018. Motions in limine shall be filed by 8/24/2018. Joint pre-hearing/pretrial statements shall be filed by 9/25/2018. Hearing/trial on just compensation shall commence during November 2018 at a time to be determined. Judge James G. Carr on 3/2/18. (C,D) |
| Filing 323 Minute Order of Telephone Conference held on 1/26/2018. On or by February 16, 2018, Defendant is to submit her proposal to Plaintiff. On or by March 5, 2018, Plaintiff will respond to the proposal. Telephone Conference set for 3/9/2018 at 10:00 AM before Magistrate Judge Kathleen B. Burke to discuss the developments that have occurred up to that point. Plaintiff's counsel is to set up the call. After all participants are on the line, counsel for Plaintiff is to call Chambers at 330-252-6170. Mediation conference set for 3/27/2018 at 10:00 AM in Chambers 480 before Magistrate Judge Kathleen B. Burke. The parties' mediation statements and demand and offer exchange (see Doc. #309 , pp. 2, 3) are due March 20. All other aspects of the Court's Mediation Scheduling Order remain in effect. See order for details. Time: 15 minutes. Magistrate Judge Kathleen B. Burke on 1/26/2018. (D,I) |
| Filing 322 Motion to stay Mediation filed by Defendant Robin L. Bresler. (Griffith, D.) |
| Filing 321 Proposed Order to Extend Deadlines and Amend Case Schedule filed by Valeria V. Nye, Jane M. Stearns, Kenneth A. Stearns, Michael J. Stearns, Patty J. Stearns, Barbara Ann Turley, Christopher J. Turley, Thomas A. Waldock. Related document(s) #292 . (Murry, Zachary) |
| Filing 320 Notice of Suggestion as to the Numerical Composition of the Commission filed by Rover Pipeline LLC. Related document(s) #292 .(Brunton, Gregory) |
| Filing 319 Notice of Suggestions Regarding Composition of Commission to Determine Just Compensation filed by Robin L. Bresler. (Griffith, D.) |
| Filing 318 Notice of Suggestions Regarding Composition of Commission to Determine Just Compensation filed by Valeria V. Nye, Jane M. Stearns, Kenneth A. Stearns, Michael J. Stearns, Patty J. Stearns, Barbara Ann Turley, Christopher J. Turley, Thomas A. Waldock. Related document(s) #292 .(Murry, Zachary) |
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Filing 317
Order: Mr. Daniel's Motion to Enforce Settlement Agreement and for Preliminary and Mandatory Injunctive Relief (re #295 ) is denied as moot. The jury trial previously scheduled on Monday, March 5, 2018 is hereby vacated as moot. The Parties shall submit this matter to binding arbitration before the American Arbitration Association per the terms of the Parties' Stipulation. Judge James G. Carr on 1/23/18. (C,D)
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| Filing 316 Joint Motion to vacate Jury Trial and Set Matter for Arbitration, and Stipulated Withdrawal filed by Defendant Donald J. Daniel. (Attachments: #1 Proposed Order Granting Joint Motion to Vacate Jury Trial)(Strayer, Matthew) |
| Filing 315 Response to #314 Motion for extension of time to provide calculation of repair and replacement of drain tile until 02/16/2018 filed by Rover Pipeline LLC. (Brunton, Gregory) Modified text on 1/19/2018 (R,Ke). |
| IMPORTANT: Notice [non-document] of time change only; the telephone conference before Magistrate Judge Burke on 1/26/2018 shall take place at 3:00 p.m. (W,Su) |
| IMPORTANT: Notice [non-document] of Telephone Conference with counsel for Plaintiff and counsel for Defendant Robin Bresler Cook set for 1/26/2018 at 1:00 PM before Magistrate Judge Kathleen B. Burke. Plaintiff's counsel is to set up the call. After all participants are on the line, counsel for Plaintiff is to call Chambers at 330-252-6170. (W,Su) |
| Filing 314 Motion for extension of time to provide calculation of repair and replacement of drain tile until 02/16/2018 filed by Defendant Robin L. Bresler. (Attachments: #1 Proposed Order)(Griffith, D.) Modified text on 1/19/2018 (R,Ke). |
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Filing 313
Order granting #312 Defendant Donald Daniel's unopposed Motion for Extension of Time to File Response/Reply to re #307 Motion to strike Order Setting Jury Trial. Opposition due 1/19/18, Reply due by 1/26/2018. Judge James G. Carr on 1/17/18.(C,D)
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| Filing 312 Unopposed Motion with Memorandum in support for extension of time until 01/19/18 to file response to #307 Motion to strike Order Setting Jury Trial filed by Defendant Donald J. Daniel. Related document(s) #307 . (Attachments: #1 Proposed Order )(Strayer, Matthew) Modified text on 1/19/2018 (R,Ke). |
| Filing 311 SEALED Document: Confidential Addendum to Easement Agreement with Defendant Donald Daniel filed by Rover Pipeline LLC. Related document(s) #310 . (Brunton, Gregory) |
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Filing 310
Order granting Plaintiff's #306 Motion for leave to file Confidential Addendum to Easement Agreement with Defendant Donald Daniel under seal. Judge James G. Carr on 1/9/18.(C,D)
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Filing 309
Order setting mediation conference for 2/13/2018 at 10:00 AM in Chambers 480 before Magistrate Judge Kathleen B. Burke. Attorneys are cautioned not to rely on the docket entry only. Read the attached Order for additional information and requirements prior to the mediation conference. NOTE: Conference will take place in the AKRON Courthouse. Magistrate Judge Kathleen B. Burke on 12/19/2017. (D,I)
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| Filing 308 Minute Order of Telephone Conference held on 12/19/2017. After discussion, the Court set the following schedule: on or by January 17, 2018, Defendant is to submit her proposal to Plaintiff. On or by February 2, 2018, Plaintiff will respond to the proposal. The Court will conduct a telephonic status conference with counsel on February 5, 2018, at 10:00 a.m., to discuss the developments that have occurred up to that point. Plaintiffs counsel is to set up the call. After all participants are on the line, counsel for Plaintiff is to call Chambers at 330-252-6170. A Mediation Conference is set for February 13, 2018, at 10:00 a.m. The requirements for the mediation will be outlined in a Mediation Scheduling Order, which will issue separately. Time: 20 minutes. Magistrate Judge Kathleen B. Burke on 12/19/2017. (D,I) |
| Filing 307 Motion to strike Order Setting Jury Trial with Memorandum, filed by Plaintiff Rover Pipeline LLC. Related document(s) #300 , #306 . (Attachments: #1 Exhibit Federal Energy Regulatory Commission Order)(Brunton, Gregory) Modified text on 12/19/2017 (R,Ke). |
| Filing 306 Unopposed Motion for leave to file under seal confidential addendum to easement with Defendant Donald Daniel with Memorandum in support filed by Plaintiff Rover Pipeline LLC. (Attachments: #1 Proposed Order to File Confidential Addendum Under Seal)(Brunton, Gregory) Modified text on 12/19/2017 (R,Ke). |
| IMPORTANT: Notice [non-document] of Telephone Conference RESET to take place on 12/18/2017 at 3:00 PM before Magistrate Judge Kathleen B. Burke. (D,I) |
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Order (non-document) referring case to Magistrate Judge Kathleen B. Burke for mediation/settlement (re #305 ). The dispute between plaintiff Rover Pipeline, LLC, and defendant Robin Bresler Cook relating to the repair of Bresler Cook's drain tile system is hereby referred to United States Magistrate Judge Kathleen B. Burke for purposes of mediation (Doc. #299 ). Magistrate Judge Burke may conduct such proceedings as she deems appropriate to that end. Judge James G. Carr on 12/11/17. (C,D)
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Filing 305
Order of Status Conference held on 12/7/17. Time: 30 Minutes. The dispute between plaintiff Rover Pipeline, LLC, and defendant Robin Bresler Cook relating to the repair of Bresler Cook's drain tile system is hereby referred to United States Magistrate Judge Kathleen B. Burke for purposes of mediation (Doc. #299 ). Magistrate Judge Burke may conduct such proceedings as she deems appropriate to that end. Further proceedings relating to Bresler Cook's motion for leave to file an amended answer to add counterclaim and jury demand (Doc. #302 ) be, and the same hereby are, held in abeyance pending the outcome of proceedings before Magistrate Judge Burke. Judge James G. Carr on 12/11/17. (C,D)
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| IMPORTANT: Notice [non-document] of Telephone Conference with counsel for Plaintiff and counsel for Defendant Robin Bresler Cook set for 12/15/2017 at 2:00 PM before Magistrate Judge Kathleen B. Burke. Plaintiff's counsel is to set up the call. After all participants are on the line, counsel for Plaintiff is to call Chambers at 330-252-6170. (W,Su) |
| Filing 304 Initial Disclosures pursuant to Fed.R.Civ.P.26(A)(1) filed by Ohio Power Company. (Grayem, Jeremy) |
| Filing 303 Initial Disclosures Pursuant to Fed. R. Civ. P. 26(a)(1) filed by Rover Pipeline LLC. (Brunton, Gregory) |
| Filing 302 Motion for leave to File Amended Answer to Add Counterclaim Instanter and Jury Demand with Memorandum in support, filed by Defendant Robin L. Bresler. (Attachments: #1 Exhibit A- Amended Answer and Counterclaim, #2 Exhibit B- Federal Regulatory Commission order, #3 Affidavit of Robin Bressler Cook)(Griffith, D.) Modified text on 12/1/2017 (R,Ke). |
| Filing 301 Initial Disclosures Rule 26(a) filed by Robin L. Bresler. (Griffith, D.) |
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Filing 300
Order of Status Conference held on 11/20/17. Time: 1 hour 15 minutes. Court reporter: George Staiduhar. Rover to provide, by 5:00 p.m. on November 21, 2017, the HDD Protocol to defendant Daniel's counsel for attorneys and experts' eyes only. Discovery re. remediation due by 2/28/2018. Leave granted to Rover to file a motion to strike the jury trial order by 12/15/2017, Daniel's response due 1/12/18, Rover's Reply due by 1/15/2018. Injunction hearing currently set for January 11, 2018 Vacated. Jury Trial set for 3/5/2018 at 01:30 PM in Courtroom 204 before Judge James G. Carr. Voir Dire set for 3/5/2018 at 09:30 AM in Courtroom 204 before Judge James G. Carr. Telephone Status Conference, only as to Rover and defendant Robin Bresler Cook set for 12/6/2017 at 01:30 PM to be held telephonically before Judge James G. Carr using the court's conference line (1-877-336-1839, Access Code 8856866). SEE ORDER FOR FULL DETAILS. Judge James G. Carr on 11/21/17. (C,D)
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| Filing 299 Status Report filed by Robin L. Bresler. (Griffith, D.) |
| Filing 298 Joint Status Report filed by Rover Pipeline LLC. Related document(s) #297 , #295 .(Brunton, Gregory) |
| Filing 297 Minute Order of Status Conference held on 11/8/17. Time: 1 hour. Further telephonic status/scheduling conference set for 11/20/17, at 10:00a.m. to be held telephonically before Judge James G. Carr using the court's conference line (1-877-336-1839, Access Code 8856866). Parties to submit a joint status report by 12:00 p.m. on 11/17/17. Motion Hearing (re: #295 ) set for 1/11/2018 at 10:00 AM in Courtroom 204 before Judge James G. Carr. Judge James G. Carr on 11/9/17. (C,D) |
| Filing 296 Opposition to #295 Motion to enforce Settlement Agreement and for Preliminary and Mandatory Injunctive Relief filed by Rover Pipeline LLC. (Attachments: #1 Exhibit A - Federal Energy Regulatory Commission Report, #2 Exhibit B - Terracon Report, #3 Exhibit C - Photos)(Brunton, Gregory) |
| IMPORTANT: Notice [non-document] of Initial telephone Conference set for 11/8/2017 at 09:00 AM to be held telephonically before Judge James G. Carr using the court's conference line as provided to applicable counsel via email. (re #295 Motion to enforce Settlement Agreement and for Preliminary and Mandatory Injunctive Relief). (C,D) |
| Filing 295 Motion to enforce Settlement Agreement and for Preliminary and Mandatory Injunctive Relief filed by Defendant Donald J. Daniel. (Attachments: #1 Affidavit of Donald J. Daniel)(Braunstein, Michael) |
| Filing 294 Stipulated Order and Notice of Party Dismissal without prejudice (re #293 ) of Defendant Mutual Oil & Gas Co. Judge James G. Carr on 10/30/17. (C,D) |
| Filing 293 Joint Motion for Stipulated Dismissal of Defendant Mutual Oil & Gas Co., filed by Plaintiff Rover Pipeline LLC. (Brunton, Gregory) Modified text on 10/24/2017 (D,TM). |
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Filing 292
Order of Status/scheduling Conference held on 10/10/17. Time: 20 Minutes. Rule 26(a)(1) disclosures to be completed by December 1, 2017. Rule 26(a)(2) disclosures to be completed by March 1, 2018. Parties to file written suggestions, on or before February 1, 2018, as to the numerical composition of the commission. Parties to file objections to proposed commissioners on or before March 20, 2018. Discovery due by 5/29/2018. Parties to exchange appraisals by March 1, 2018. Motions in limine to be filed by June 25, 2018. Hearing on the issue of just compensation to begin on or about 9/10/2018. Rover to provide defendant Bressler with updated drain tile information by October 31, 2017. SEE ORDER FOR FULL DETAILS. Judge James G. Carr on 10/12/17. (C,D)
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| Filing 291 WITHDRAWN per Order #292 dated 10/12/17. Motion to strike Defendant Robin Bresler nka Robin Cook's Motion to Reconsider Appointment of Commission, or in the Altnernative, Memorandum in Opposition to Defendant Robin Resler nka Robin Cook's Motion to Reconsider Appointment of Commission filed by Plaintiff Rover Pipeline LLC. Related document(s) #289 . (Brunton, Gregory) Modified on 10/17/2017 (D,TM). |
| Filing 290 Joint Status Report and Proposed Case Schedule filed by Valeria V. Nye, Jane M. Stearns, Kenneth A. Stearns, Michael J. Stearns, Patty J. Stearns, Barbara Ann Turley, Christopher J. Turley, Thomas A. Waldock. (Murry, Zachary) |
| Filing 289 WITHDRAWN per Order #292 dated 10/12/17. Motion for reconsideration of #288 Order of Appointment of Commission filed by Defendant Robin L. Bresler. Related document(s) #3 (Griffith, D.) Modified on 10/17/2017 (D,TM) |
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Order [non-document] of Status Conference held on 8/31/17. Time: 20 Minutes. Parties to notify the court at JUDGECARR_CHAMBERS@OHND.USCOURTS.GOV by 9/11/17 at 12:00 PM, whether they consent to the court's postponing the appointment of commissioners(re: #288 ). Parties to file a joint status report and proposed schedule by 10/2/17. Further Status Conference set for 10/10/2017 at 10:00 AM to be held telephonically before Judge James G. Carr using the court's conference line (1-877-336-1839, Access Code 8856866). Judge James G. Carr on 8/31/17. (C,D)
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Order: [non-document] On March 10, 2017, the parties in this case settled as to the issue of Rover's right to take immediate possession of the easements necessary to construct the pipeline. (Doc. #220 ). Pending are three motions relating to whether Rover has the right to immediate possession of those easements. (Docs. #12 , #152 , #161 ). Accordingly, it is hereby ORDERED THAT Rover's motion for an order confirming condemnation authority and awarding immediate possession (Doc. #12 ), Cassidy defendants' emergency motion to strike Rover's motion (Doc. #152 ), and miscellaneous defendants' motion to stay proceedings on Rover's motion for immediate possession (Doc. #161 ) be, and the same hereby are, denied as moot. Judge James G. Carr on 8/22/17. (C,D)
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Filing 288
Order granting Rover's motion to appoint a commission (Doc. #3 ) be, and the same hereby is, granted. The Court will advise the parties within sixty days of selections of three prospective commissioners and two alternates. The parties' objections, if any, to these selections will be due fourteen days after I disclose the prospective commissioners' and alternates' identities. Judge James G. Carr on 7/24/17.(C,D)
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Order [non-document]granting Motion to dismiss party David E. Cassidy and Kristi M. Cassidy (Related Doc #286 ). Judge James G. Carr on 7/21/17.(C,D)
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| Filing 287 WITHDRAWN PER DOC. #343 Motion for temporary restraining order and preliminary-permanent injunction filed by Defendant Robin L. Bresler. (Attachments: #1 Exhibit Affidavit with Photographs)(Griffith, D.) Modified on 7/13/2017 to edit text (D,TM). Modified on 6/28/2018 (C,D). |
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Order [non-document] of Telephone Status Conference held on 7/13/17. Time: 35 Minutes. Court Reporter: George Staiduhar. Further proceeding (Re: #287 Motion for temporary restraining order) held in abeyance pending filing of status reports or upon request of the parties for further proceedings. Status report due 8/15/17. Judge James G. Carr on 7/13/17. (C,D)
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| Filing 286 Joint Motion to dismiss party Defendants David E. Cassidy and Kristi M. Cassidy filed by Plaintiff Rover Pipeline LLC. (Brunton, Gregory) |
| Filing 285 Reply to Defendants #280 Response to #3 Plaintiff's Motion to Appoint a Commission filed by Rover Pipeline LLC. (Attachments: #1 Exhibit Opinion & Order)(Brunton, Gregory) Modified text & added link on 7/17/2017 (D,TM). |
| Filing 284 Stipulated Order and Notice of Party Dismissal without prejudice. Bank of America Corporation terminated (Re: #281 ). Judge James G. Carr on 6/21/17. (C,D) |
| Filing 283 Notice of Withdrawal of Attorney Matthew Grashoff filed by Mutual Oil & Gas Co.. (Grashoff, Matthew) |
| Filing 282 Marginal Order and Notice of Party Dismissal without prejudice (re #278 ) of defendant United Telephone Company of Ohio. Judge James G. Carr on 6/20/17. (C,D) |
| Filing 281 Joint Motion to dismiss party Defendant Bank of America, N.A. filed by Plaintiff Rover Pipeline LLC. (Brunton, Gregory) |
| Filing 280 Opposition to #3 Motion to Appoint a Commission filed by Valeria V. Nye, Jane M. Stearns, Kenneth A. Stearns, Michael J. Stearns, Patty J. Stearns, Barbara Ann Turley, Christopher J. Turley, Thomas A. Waldock. (Attachments: #1 Exhibit A - Guardian Pipeline Study: Jefferson and Walworth Counties)(Murry, Zachary) |
| Filing 279 Transcript of Preliminary Injunction held on May 12, 2017 before Judge James G. Carr. To obtain a bound copy of this transcript please contact court reporter Angela Nixon at (419) 260-5259. [62 pages] Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 6/7/2017. Redaction Request due 6/21/2017. Redacted Transcript Deadline set for 7/3/2017. Release of Transcript Restriction set for 8/29/2017. (N,A) |
| Filing 278 Proposed Stipulation for Voluntary Dismissal filed by United Telephone Company of Ohio. (Farrell, Michael) |
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Filing 277
Order Granting motions for preliminary and permanent injunction as to Wayne Hardy.(Related Doc #272 ). The preliminary and permanent injunction hereby issued shall be effective upon acquisition of personal service of this Order, or, in the event Plaintiff, with due diligence, is unable to locate Mr. Hardy, upon placing a copy of the above described documents on each entrance to Mr. Hardys residence. This Order will remain in full force and effect until the Plaintiff has fully constructed its pipeline, and performed any necessary land remediation. (SEE ORDER FOR FULL DETAILS). Judge James G. Carr on 5/26/17. (C,D)
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Order [non-document]granting #275 Motion for Extension of Time to Answer United Telephone Company of Ohio answer due 6/2/2017.Judge James G. Carr on 5/25/17.(C,D)
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| Filing 276 Notice of Service of Complaint, Notice of Commencement, Motion for TRO, Preliminary Injunction, Permanent Injunction, and Order granting Temporary Restraining Order and setting Injunction Hearing upon Wayne Hardy by personal service. Filed by Rover Pipeline LLC. Related document(s) #272 , #273 .(Moore, Bruce) Modified on 5/23/2017, added party served (R,Ke). |
| Filing 275 Motion for extension of time until 06/01/2017 to answer filed by Defendant United Telephone Company of Ohio. (Farrell, Michael) |
| Filing 274 Non-Appeal Transcript Order Form for proceedings held on 5/12/17 before Judge James G. Carr, Court Reporter: Angela Nixon. Requested completion date: 5/29/17 filed by Rover Pipeline LLC. (Hyzak, Daniel) |
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Filing 273
Order granting Motion for Temporary Restraining Order against Wayne Hardy(Related Doc #272 ) (SEE ORDER FOR FULL DETAILS). Hearing set for 5/25/2017 at 09:00 AM in Courtroom 224 before Judge James G. Carr. Judge James G. Carr on 5/19/17.(C,D)
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| Filing 272 Motion for temporary restraining order , Motion for preliminary injunction , Motion for permanent injunction filed by Plaintiff Rover Pipeline LLC. (Attachments: #1 Exhibit A Settlement Transcript, #2 Exhibit B Plat Map, #3 Exhibit C Joe DeWood Affidavit, #4 Exhibit D Masai Hampton Affidavit, #5 Exhibit E Mark Vedral Affidavit, #6 Exhibit Johnnie Lyles Affidavit, #7 Exhibit G Anthony Daves Affidavit)(Brunton, Gregory) Modified text on 5/23/2017 (R,Ke). |
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Order [non-document]granting #266 Motion for Extension of Time to Answer; United Telephone Company of Ohio answer due 5/22/2017. Judge James G. Carr on 5/16/17.(C,D)
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| Minutes of proceedings [non-document] before Judge James G. Carr. Motion Hearing held on 5/12/17 (re #263 ) Motion for preliminary injunction . Appearances: Daniel Hyzak, Zachary Murry, Marvin Robon. Testimony taken: Raymond Micheltree. Hearing continued to 5/23/2017 at 09:30 AM in Courtroom 204 before Judge James G. Carr. (Court Reporter: Angela Nixon. Time: 1 hour. Related document(s) #263 . (C,D) |
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Filing 271
Order and Notice of Party Dismissal re #262 Under FRCP 41(a)(1) of Panhandle Eastern Pipe Line Company, LP. Judge James G. Carr on 5/11/17. (C,D)
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Filing 270
Order and Notice of Party Dismissal of Defendant CSX Transportation, Inc (re #260 ). Judge James G. Carr on 5/11/17. (C,D)
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Filing 269
Order and Notice of Party Dismissal of Defendant BP Pipelines (North America) Inc., Successor in Interest to Standard Oil Co. (re #245 ). Judge James G. Carr on 5/11/17. (C,D)
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Filing 268
Order and Notice of Party Dismissal of Defendant Ohio Turnpike and Infrastructure Commission ( re #212 ). Judge James G. Carr on 5/11/17. (C,D)
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Filing 267
Order and Notice of Party Dismissal of Toledo Edison Company ( re #202 ). Judge James G. Carr on 5/11/17. (C,D)
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| Filing 266 Motion for extension of time until 05/21/2017 to answer filed by Defendant United Telephone Company of Ohio. (Farrell, Michael) |
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Order [non-document]granting #261 Motion for Extension of Time to Answer; United Telephone Company of Ohio answer due 5/11/2017. Judge James G. Carr on 5/9/17.(C,D)
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Filing 265
Order granting Motion for Temporary Restraining Order against Defendant Michael Stearns.(Related Doc #263 ). Hearing on plaintiff's motion for preliminary injunction( Doc. #263 ) set for 5/12/2017 at 08:00 AM in Courtroom 204 before Judge James G. Carr.Judge James G. Carr on 5/4/17.(C,D)
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Filing 264
Order: Motion for temporary restraining order(Doc. #263 ) granted; plaintiff's counsel, following review by defendant's attorney, to submit proposed order for review and approval by the undersigned. Hearing on plaintiff's motion for preliminary injunction( Doc. #263 ) set for 5/12/2017 at 08:00 AM in Courtroom 204 before Judge James G. Carr. Leave granted to the parties to conduct expedited discovery on agreement prior to said hearing. Leave granted to defendant to file brief in opposition to motion for preliminary injunction by noon, Wednesday, May 10, 2017. Judge James G. Carr on 5/3/17. (C,D)
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| Filing 263 Motion for temporary restraining order , Motion for preliminary injunction , Motion for permanent injunction filed by Plaintiff Rover Pipeline LLC. (Attachments: #1 Exhibit A-Settlement Transcript, #2 Exhibit B-2015 TRO, #3 Exhibit C-Plat, #4 Exhibit D-Vedral Affidavit, #5 Exhibit E-Mitcheltree Affidavit)(Brunton, Gregory) |
| Filing 262 Notice of Dismissal Under FRCP 41(a)(1) of Panhandle Eastern Pipe Line Company, LP filed by Rover Pipeline LLC. (Brunton, Gregory) |
| Filing 261 Motion for extension of time until 05/11/2017 to answer filed by Defendant United Telephone Company of Ohio. (Farrell, Michael) |
| Filing 260 Proposed Stipulation for Voluntary Dismissal of CSX Transportation, Inc. filed by CSX Transportation, Inc.. (Moore, Branden) |
| Filing 259 Notice of Substitution of Counsel removing attorney Reminger Co., LPA and adding Gordon & Rees LLC and adding attorney Gregory D. Brunton filed by on behalf of Rover Pipeline LLC. (Brunton, Gregory) Modified on 4/21/2017 (pleading should be Notice of attorney address change. Firm name changed NOT counsel of record. Attorney Clerks notified (D,TM). |
| Filing 258 Status Report with request for 14 days to finalize stipulation re dismissal filed by CSX Transportation, Inc.. Related document(s) #220 .(Moore, Branden) Modified on 4/17/2017 to edit text (D,TM). |
| Filing 257 Status Report filed by Valeria V. Nye, Jane M. Stearns, Kenneth A. Stearns, Michael J. Stearns, Patty J. Stearns, Barbara Ann Turley, Christopher J. Turley, Thomas A. Waldock. (Murry, Zachary) |
| Filing 256 Corporate Disclosure Statement filed by Farmers & Merchants State Bank. (Bohmer, Robert) |
| Filing 255 Answer to #166 Amended complaint, filed by Farmers & Merchants State Bank. (Bohmer, Robert) |
| Filing 254 Corporate Disclosure Statement identifying Corporate Parent CSX Corporation for CSX Transportation, Inc. filed by CSX Transportation, Inc.. (Moore, Branden) |
| Notice by Clerk that CSX Transportation, Inc. failed to file a corporate disclosure statement as required by Local Rule 3.13(b). (R,Ke) |
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Order [non-document]granting Defendant's #244 Motion for Extension of Time to Answer; Farmers & Merchants State Bank answer due 4/17/2017. Judge James G. Carr on 4/12/17.(C,D) Modified text on 4/13/2017 (R,Ke).
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Order [non-document]granting Defendant's #251 Motion for Extension of Time to Answer; CSX Transportation, Inc. answer due 4/10/2017. Judge James G. Carr on 4/12/17.(C,D) Modified text on 4/13/2017 (R,Ke).
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Order [non-document]granting Defendant's #253 Motion for Extension of Time to Answer; United Telephone Company of Ohio answer due 5/1/2017. Judge James G. Carr on 4/12/17.(C,D) Modified text on 4/13/2017 (R,Ke).
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| Filing 253 Motion for extension of time by defendant United Telephone Company of Ohio until May 1, 2017 to answer or respond to Plaintiff's #1 Complaint filed by Defendant United Telephone Company of Ohio. (Farrell, Michael) Modified on 4/14/2017 to edit text (D,TM). |
| Filing 252 Answer to #166 Amended complaint, filed by CSX Transportation, Inc.. (Moore, Branden) |
| Filing 251 Uncontested Motion for 14 day extension of time to answer Complaint filed by Defendant CSX Transportation, Inc. Related document(s) #1 . (Moore, Branden) Modified text on 4/13/2017 (R,Ke). |
| Filing 250 Corporate Disclosure Statement identifying Corporate Parent Bank of America, N.A. for Bank of America Corporation filed by Bank of America Corporation. (Kostura, Bryan) |
| Filing 249 Answer to #166 Amended complaint, filed by Bank of America Corporation. (Kostura, Bryan) |
| Filing 248 Answer to #166 Amended complaint, and Affirmative Defenses with Jury Demand filed by Christopher J. Turley. (Murry, Zachary) |
| Filing 247 Answer to #166 Amended complaint, and Affirmative Defenses with Jury Demand filed by Barbara Ann Turley. (Murry, Zachary) |
| Filing 246 Answer to #1 Complaint and #166 Amended complaint of Plaintiff with Jury Demand filed by Robin L. Bresler and Michael Cook (not a defendant on docket-counsel notified) . (Griffith, D.) Modified on 3/31/2017 to edit text (D,TM). |
| Filing 245 Proposed Stipulation for Voluntary Dismissal of Defendant BP Pipelines (North America) Inc., Successor in Interest to Standard Oil Co. filed by Rover Pipeline LLC. (Brunton, Gregory) |
| Filing 244 Motion for extension of time until April 17, 2017 to answer filed by Defendant Farmers & Merchants State Bank. (Attachments: #1 Proposed Order)(Bohmer, Robert) |
| Filing 243 Attorney Appearance by Robert W. Bohmer filed by on behalf of Farmers & Merchants State Bank. (Bohmer, Robert) |
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Filing 242
Order and Notice of Party Dismissal of Indiana & Ohio Rail Corporation re #239 filed by Rover Pipeline LLC. Judge James G. Carr on 3/24/2017. (D,TM)
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Filing 241
Order granting Defendant's #238 Motion for extension of time to Answer Plaintiff's Complaint/Amended Complaint. Bank of America Corporation answer due 4/10/2017. Related document(s) #1 and #166 . Judge James G. Carr on 3/24/2017. (D,TM)
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Filing 240
Order granting defendant's #236 Motion for Extension of time to move, plead or respond to Plaintiff's Complaint/Amended Complaint. United Telephone Company of Ohio answer due 4/14/2017. Related document(s) #1 and #166 . Judge James G. Carr on 3/24/2017. (D,TM)
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| Filing 239 Notice of Dismissal Under FRCP 41(a)(1) of Indiana & Ohio Rail Corp. filed by Rover Pipeline LLC. (Brunton, Gregory) |
| Filing 238 Motion for extension of time until 4/10/17 to answer plaintiff's #1 Complaint filed by Defendant Bank of America Corporation. Related document(s) #1 . (Attachments: #1 Proposed Order) (Kostura, Bryan) Modified on 3/22/2017 to edit text (D,TM). |
| Filing 237 Attorney Appearance by Bryan T. Kostura and Nicholas J. Kopcho by Bryan T. Kostura filed by on behalf of Bank of America Corporation. (Kostura, Bryan) |
| Filing 236 Unopposed Motion for extension of time until April 14, 2017 to answer/respond to plaintiff's complaint filed by Defendant United Telephone Company of Ohio. Related document #1 . (Farrell, Michael) Modified on 3/16/2017 (incorrect party name listed on pleading as (Century Link) filer notified) (D,TM). |
| Remark by Finance. Funds in the amount of $11,083.80 received via Fedwire on 3/10/2017. (K,Ve) |
| Filing 235 Notice of attorney appearance of Christopher F. Swing, J Alex Quay, and Matthew K. Grashoff as counsel for Mutual Oil & Gas Co., filed by Mutual Oil & Gas Co.. (Grashoff, Matthew) Modified on 3/15/2017 to add counsel names (D,TM). |
| Filing 234 SEALED Transcript of Settlement Conference held on March 9, 2017 before Judge Sara Lioi. Court Reporter: Caroline Mahnke. [5 pages] (M,Ca) |
| Filing 233 SEALED Transcript of Settlement Conference held on March 9, 2017 before Judge Sara Lioi. Court Reporter: Caroline Mahnke. [5 pages] (M,Ca) |
| Filing 232 SEALED Transcript of Settlement Conference held on March 9, 2017 before Judge Sara Lioi. Court Reporter: Caroline Mahnke. [5 pages] (M,Ca) |
| Filing 231 Transcript of Settlement Conference held on March 8, 2017 before Judge Sara Lioi. To obtain a bound copy of this transcript please contact court reporter Caroline Mahnke at 330-252-6021. [4 pages] Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 3/20/2017. Redaction Request due 4/3/2017. Redacted Transcript Deadline set for 4/13/2017. Release of Transcript Restriction set for 6/12/2017. (M,Ca) |
| Filing 230 SEALED Transcript of Settlement Conference held on March 8, 2017 before Judge Sara Lioi. Court Reporter: Caroline Mahnke. [4 pages] (M,Ca) |
| Filing 229 SEALED Transcript of Settlement Conference held on March 8,2017 before Judge Sara Lioi. Court Reporter: Caroline Mahnke. [4 pages] (M,Ca) |
| Filing 228 SEALED Transcript of Settlement Conference held on March 8, 2017 before Judge Sara Lioi. Court Reporter: Caroline Mahnke. [3 pages] (M,Ca) |
| Filing 227 SEALED Transcript of Settlement Conference held on March 8, 2017 before Judge Sara Lioi. Court Reporter: Caroline Mahnke. [6 pages] (M,Ca) |
| Filing 226 Transcript of Settleent Conference held on March 8, 2017 before Judge Sara Lioi. To obtain a bound copy of this transcript please contact court reporter Caroline Mahnke at 330-252-6021. [6 pages] Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 3/20/2017. Redaction Request due 4/3/2017. Redacted Transcript Deadline set for 4/13/2017. Release of Transcript Restriction set for 6/12/2017. (M,Ca) |
| Filing 225 SEALED Transcript of Settlement Conference held on March 8, 2017 before Judge Sara Lioi. Court Reporter: Caroline Mahnke. [4 pages] (M,Ca) |
| Filing 224 SEALED Transcript of Settlement Conference held on March 8, 2017 before Judge Sara Lioi. Court Reporter: Caroline Mahnke. [5 pages] (M,Ca) |
| Filing 223 SEALED Transcript of Settlement Conference held on March 8, 2017 before Judge Sara Lioi. Court Reporter: Caroline Mahnke. [8 pages] (M,Ca) |
| Filing 222 SEALED Transcript of Settlement Conferece held on March 8, 2017 before Judge Sara Lioi. Court Reporter: Caroline Mahnke. [12 pages] (M,Ca) |
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Filing 221
Order approving Rover Pipeline's Surety Bond(re #219 ). Judge James G. Carr on 3/10/17. (C,D) (Additional attachment(s) added on 4/12/2017: #1 Corrected Document) (C,D).
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Filing 220
Order All matters in dispute regarding plaintiff Rover Pipeline's motion for confirmation and immediate access (Doc. #12 ) having been resolved, and Rover having reached compensation settlements with some, but not all defendants in this case, it is hereby ORDERED THAT: Leave granted to those parties who have not settled all matters in dispute with plaintiff, and who have not already answered or otherwise plead, to do so by April 10, 2017. Plaintiff to continue to attempt to settle remaining matters in dispute with such parties; plaintiff and those defendants who desire to do so shall submit a status report by April 14, 2017;thereafter the undersigned will hold a status/scheduling conference, as such may be needed, in light of the information in the status reports. Judge James G. Carr on 3/10/17. (C,D)
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| Filing 219 SEALED Document:Surety Bond filed by Rover Pipeline LLC. Related document(s) #200 . (Attachments: #1 Exhibit Tracts)(Brunton, Gregory) |
| Filing 218 Attorney Appearance by Richard A. Chesley filed by on behalf of BP Pipelines (North America) Inc. As successor to Standard Oil Co.. (Chesley, Richard) |
| Filing 217 Proposed Stipulation of Plaintiff and Defendant CSX Transportation, Inc. filed by Rover Pipeline LLC. (Brunton, Gregory) |
| Filing 216 FILING ERROR Notice of Dismissal of The East Ohio Gas Company filed by Rover Pipeline LLC. (Brunton, Gregory) Modified on 3/30/2017 (Per counsel filed on incorrect case) (D,TM). |
| Filing 215 Unopposed Motion for extension of time for 14 days to answer plaintiff's complaint filed by Defendant CSX Transportation, Inc.. (Moore, Branden) Modified on 3/10/2017 to edit (D,TM). |
| Filing 214 Answer to Complaint and Notice of Appearance of Counsel filed by AT&T Corp.. (Bettendorf, Edward) Modified on 3/10/2017 to edit text (D,TM). |
| Filing 213 Answer to #166 Amended complaint, filed by Ohio Power Company. (Grayem, Jeremy) |
| Filing 212 Proposed Stipulation for Dismissal of Defendant Ohio Turnpike and Infrastructure Commission filed by Rover Pipeline LLC. (Attachments: #1 Exhibit Permit)(Brunton, Gregory) |
| Filing 211 Opposition to #12 Motion for Order Confirming Condemnation Authority and Awarding Immediate Possesion of the Easements Sought with Proposed Order filed by Valeria V. Nye, Jane M. Stearns, Kenneth A. Stearns, Michael J. Stearns, Patty J. Stearns, Thomas A. Waldock. (Attachments: #1 Exhibit A - Letter re Tree Removal, #2 Exhibit B - Notice of Construction, #3 Exhibit C - Declaration of Barry Kenyon, #4 Exhibit D - Declaration of Bill Zimmer, #5 Exhibit E - June 17, 2016 Appraisal)(Murry, Zachary) |
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Filing 210
Order: A live video feed of the hearing on plaintiff's motion for a preliminary injunction, which the undersigned is conducting jointly with U.S. District Judge Sara Lioi from the U.S. Courthouse in Akron, Ohio, will be made available for viewing by members of the public at the U.S. Courthouse in Toledo, Ohio. The live video feed will be available in Courtroom 209 of the U.S. Courthouse, which is located at 1716 Spielbusch Avenue, Toledo, Ohio, 43604. The hearing is scheduled to begin at 9:00 a.m. Under no circumstances will spectators be permitted to address the court. Any party to this case who wishes to address the court should consult with his or her attorney or attend the hearing in Akron. Judge James G. Carr on 3/8/17. (C,D)
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| Filing 209 Non-Appeal Transcript Order Form before Judge James. G. Garr, Court Reporter: Angela Nixon. Requested completion date: 03/09/2017 filed by All Plaintiffs. (Zabel, Thomas) |
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Order: Telephone conference held 3/7/17 (re #205 ). Due to the unavoidable scheduling conflicts of the undersigned and Mr. Murry, all of which are the result of the pendency of related pipeline cases in this Court and the Eastern District of Michigan, the emergency motion to continue the hearing (Doc. #205 ) is hereby deemed withdrawn without prejudice to Mr. Murry's ability to file a brief no later than March 8, 2017, discussing the adequacy of the bond Rover must file if the court determines Rover is entitled to immediate possession. Judge James G. Carr on 3/7/17. (C,D)
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| Filing 208 Notice of Filing Timber Status Reports filed by Rover Pipeline LLC. (Attachments: #1 Exhibit Timber, #2 Exhibit No Timber)(Brunton, Gregory) Modified on 3/9/2017 (D,TM). |
| Filing 207 Reply in support of #12 Motion for Order Confirming Condemnation Authority and Awarding Immediate Possesion of the Easements Sought with Proposed Order (Omnibus Reply) filed by Rover Pipeline LLC. (Brunton, Gregory) |
| Filing 206 Minute Order of Mediation in Case No. 3:17-cv-225, Rover Pipeline LLC v. Rohrs, et al. (J. Carr), and Case No. 5:17-cv-239, Rover Pipeline LLC v. Barrter, et al. (J. Lioi). A number of settlements were reached during the mediation. Plaintiff's counsel shall be responsible for filing dismissals or other appropriate documentation reflecting those settlements. See order for details. Time: 13 hours, 30 minutes. Court Reporter: Heidi Geizer. Magistrate Judge Kathleen B. Burke on 3/6/2017. (D,I) |
| Filing 205 WITHDRAWN per Order dated 3/8/17. Emergency Motion to continue March 9, 2017, Injunction Hearing as it relates to certain Defendants and Motion to excuse appearance of counsel at that conference filed by Valeria V. Nye, Jane M. Stearns, Kenneth A. Stearns, Michael J. Stearns, Patty J. Stearns, Thomas A. Waldock. (Murry, Zachary). Modified to edit text and to add 2 part motion (D,TM). |
| Filing 204 Transcript of Phone Conference held on February 23, 2017 before Judge James G. Carr. To obtain a bound copy of this transcript please contact court reporter Angela Nixon at (419) 260-5259. [48 pages] Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 3/14/2017. Redaction Request due 3/28/2017. Redacted Transcript Deadline set for 4/7/2017. Release of Transcript Restriction set for 6/5/2017. (N,A) |
| Filing 203 SEALED Document: Exhibit B to Mark Vedral's Deposition filed by Harold L. Hornish, Jean A. Hornish, Sherri Klingshirn, Frederick O. Maassel, Brian D. Rohrs, Rita Arend Rohrs, Saddlewood, LLC, Evelyn Hornish Schlosser. Related document(s) #176 and #198 . (White, Thomas) Modified on 3/7/2017 to edit text (D,TM). |
| Filing 202 Proposed Stipulation for Voluntary Dismissal of Defendant The Toledo Edison Company Without Prejudice filed by Toledo Edison Company. (Funk, Stephen) |
| Filing 201 Process by Publication filed on behalf of Rover Pipeline LLC (Brunton, Gregory) Modified on 3/7/2017 (D,TM). |
| Filing 200 Agreed Protective Order regarding confidential documents. Judge James G. Carr on 3/6/17. (C,D) |
| Filing 199 Proposed Agreed Protective Order filed by Rover Pipeline LLC. (Brunton, Gregory) Modified on 3/6/2017 to edit text (D,TM). |
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Filing 198
Order: Burns defendants' motion for leave to file an opposition brief in excess of the page limitations specified in this courts local rules (Doc. #147 ) be, and the same hereby is, granted. Burns defendants' motion for a status conference and to refrain from signing any order requested by Rover (Doc. #148 ) be, and the same hereby is, denied, given that the court: 1) conducted a status conference on February 23, 2017; and 2) intends to proceed with a hearing on Rover's motion for a preliminary injunction, consistent with Federal Rules of Civil Procedure 65 and 71.1. Burns defendants' motion for leave to conduct expedited discovery (Doc. #149 ) be,and the same hereby is, denied as moot in light of the court's February 23, 2017 order directing the parties to prepare a discovery plan and notify the undersigned of any problems. Hornish and other defendants' motion for extension of time until April 7, 2017, in which to file an answer (Doc. #157 ) be, and the same hereby is, granted, provided that the dates previously set for the briefing of, and the hearing on, the motion for apreliminary injunction remain in effect. Hornish and other defendants' motion to stay briefing on Rovers motion to appoint a commission (Doc. 158) be, and the same hereby is, granted. Cassidy defendants' motion for extension of time until March 13, 2017, in which tofile a response to Rovers motion to appoint a commission (Doc. #159 ) be, and the same hereby is, denied as moot. Hornish and other defendants' motion to seal exhibit B to the deposition of Mark Vedral (Doc. #176 ) be, and the same hereby is, granted. Miscellaneous defendants' motion for extension of time until March 8, 2017, in which to file an answer (Doc. #178 ) be, and the same hereby is, granted, provided that the dates previously set for the briefing of, and the hearing on, the motion for a preliminary injunction remain in effect. Judge James G. Carr on 3/6/17.(C,D)
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| Filing 197 Status Reports (Timber) filed by All Plaintiffs. (Attachments: #1 Exhibit Status Report-Timber, #2 Exhibit Status Report-No Timber)(Brunton, Gregory) Modified on 3/6/2017 to note incorrect case caption on pleading (Notice of Dismissal) along with corrected case caption as Status Report (D,TM). |
| Filing 196 Answer to #166 Amended complaint, Affirmative Defenses, and Jury Demand filed by Valeria V. Nye, Jane M. Stearns, Kenneth A. Stearns, Michael J. Stearns, Patty J. Stearns, Thomas A. Waldock. (Murry, Zachary) |
| Filing 195 Answer to #166 Amended complaint with jury demand filed by David E. Cassidy, Kristi M. Cassidy. (Kuhl, John) Modified on 3/6/2017 (D,TM). |
| Filing 194 Attorney Appearance by Michael K. Farrell filed by on behalf of United Telephone Company of Ohio. (Farrell, Michael) |
| Filing 193 FILING ERROR: Attorney Appearance by Michael K. Farrell filed by on behalf of United Telephone Company of Ohio. (Farrell, Michael) Modified on 3/3/2017 to note pleading states counsel for defendant Century Link (not defendant on case) filer notified to refile (D,TM). |
| Filing 192 Attorney Appearance by Brent T. Howard filed by on behalf of North Central Electric Cooperative, Inc.. (Howard, Brent) |
| Filing 191 Notice of Appearance of counsel Brent Howard for defendant Bascom Mutual Telephone Company filed by Bascom Mutual Telephone Company. (Howard, Brent) Modified on 3/3/2017 to note incorrect event; text modified; filer notified (D,TM). |
| Filing 190 Attorney Appearance by Zachary J. Murry and Marvin A. Robon filed by on behalf of Valeria V. Nye, Jane M. Stearns, Kenneth A. Stearns, Michael J. Stearns, Patty J. Stearns, Thomas A. Waldock. (Murry, Zachary) |
| Filing 189 Proposed Stipulation of Plaintiff and Defendant, Franklin Gas & Oil Co., LLC filed by Franklin Gas & Oil Co.. (Richard, James) |
| Filing 188 Notice of Dismissal Under FRCP 41(a)(1) of Indiana & Ohio Rail Corp. filed by All Plaintiffs. (Brunton, Gregory) |
| Filing 187 Response to #12 Plaintiff's Motion for Order Confirming Condemnation Authority and Awarding Immediate Possesion of the Easements Sought with Proposed Order filed by Toledo Edison Company. (Funk, Stephen) Modified on 3/3/2017 to edit text (D,TM). |
| Filing 186 Opposition to #12 Plaintiff's Motion for Order Confirming Condemnation Authority and Awarding Immediate Possesion of the Easements Sought with Proposed Order filed by David E. Cassidy, Kristi M. Cassidy. (Attachments: #1 Exhibit 2/13/17 Partial Notice to Proceed, #2 Exhibit 2-24-17 Partial Notice to Proceed, #3 Exhibit 2-28-17 Pre-Construction Authorization, #4 Exhibit 11-7-13 Order Approving Abandonment, #5 Exhibit 3-29-01 Order Granting Abandonment, #6 Exhibit An Analysis of the Judicial Grant of the Quick Take Power, #7 Exhibit 12-16-16 Letter to FERC, #8 Exhibit SD Ohio Order)(Fusonie, Thomas) Modified on 3/3/2017 to edit (D,TM). |
| Filing 185 Corporate Disclosure Statement filed by Franklin Gas & Oil Co.. (Richard, James) |
| Filing 184 Answer to #1 Complaint and #166 Amended complaint with jury demand, filed by Franklin Gas & Oil Co.. (Richard, James) Modified on 3/2/2017 to edit excessive punctuation (D,TM). |
| Filing 183 Status Report Regarding Timber Tracts filed by All Plaintiffs. (Brunton, Gregory) |
| Filing 182 Defendants Notice to Court regarding Timbered Tracts filed by Harold L. Hornish, Jean A. Hornish, Sherri Klingshirn, Frederick O. Maassel, Brian D. Rohrs, Saddlewood, LLC, Evelyn Hornish Schlosser. (White, Thomas) |
| Filing 181 Attorney Appearance from (Wood County Court of Common Pleas, case no. 2015cv0207) by D. Joseph Griffith filed by on behalf of Robin L. Bresler aka Robin Cook). (Griffith, D.) Modified on 3/1/2017 to edit text (D,TM). |
| Filing 180 Corporate Disclosure Statement identifying subsidiary American Electric Power Company, Inc., for Ohio Power Company filed by Ohio Power Company. (Grayem, Jeremy) Modified on 3/2/2017 to edit (D,TM). |
| Filing 179 Attorney Appearance by Jeremy M. Grayem filed by on behalf of Ohio Power Company. (Grayem, Jeremy) |
| Filing 178 Unopposed Motion for extension of time until March 8, 2017 to answer Plaintiff's #1 Complaint filed by Dennis Bostelman, David L. Brodman, Luann K. Brodman, Frank D. Bugner, Bullfrog 430, LLC, Gerald J. Bumb, Shirley A. Bumb, Julia A. Burns, Burns Family Farms, LLC, Martha K. Cobb, Robert L. Cobb, Tammy S. Cobb, Robert L. Cobb, II, Douglas E. Coppus, Edward A. Daniel, Melissa A. Daniel, Roger A. Daniel, Desgranges Brothers, Inc., Donan Farms, LLC, Hilda R. Durliant, Donald E. Eberle, Joyce Eberle, James L. Elchert, Joyce A. Elchert, Clark N. Emmons, James F. Flowers, Luann C. Flowers, Susan M. Flowers, Patty A. Frisch, Ronald P. Frisch, Fruth Legacy Farms, LLC, James R. Gerken, Joann M. Gerken, Anita C. Gerkens, Edward Gobrogge, Helen Gobrogge, Leroy Gobrogge, Henry W. Godeke, Patricia A. Godeke, Cyril G. Gosche, Mary Ellen Gosche, Judith K. Goshe, Edward N. Goshe, Jr., Herbert Harpster, Mary M. Harpster, Benedict L. Heydinger, Valerie A. Heydinger, Bernice Louise Holman, Gary L. Holman, Sheryl K. Holman, Holmstead Farms, LLC, Thomas L. Hornish, Debra A. Imbrock, Dena R. Imbrock, Loretta M. Imbrock, Mark A. Imbrock, Marvin M. Imbrock, Michael M. Imbrock, Jackie A. Jacoby, James A. Jacoby, Darla K. Jones, Benjamin J. Kelbley, Jolene R. Kelbley, Edward E. Kirgis, Carol A. Linn, Lyle M. Linn, Gerald F. Lowery, Joanne L. Lowery, Donna McManus, Tony McManus, Gerald D. Meyer, Jo Anne Meyer, Gregory D. Nofziger, Chester Phillips, Susan K. Phillips, RJ Carpenter Family Limited Partnership, James Ronald Rickenberg, Janet Kay Rickenberg, Valerie Rickenberg, Patricia A. Schilling, Robert J. Schilling, Carol Schubert, Sheldon Scott Family Farms, LLC, Brenda K. Short, Carol A. Smith, Elaine S. Smith, Gary L. Smith, Gregory P. Smith, Jane E. Smith, Mark A. Smith, Mary A. Smith, William V. Smith, Violet Sue Souvenier, David Steinberger, Karl J Steinberger, Patricia A. Steinberger, Tiffin Masonic Real Estate, Inc., Henry E. Vosz, Suanne K. Vosz, Amy K. Wagner, Carla S. Wagner, Jeffrey D. Wagner, Mark S. Wagner, Gary Wiens, Sheila Wiens, Heidi R. Wilhelm, Holly L. Wilhelm, Ryan W. Wilhelm, William Wilhelm, Donna J. Wise, Jerry E. Wise, Linda Wise, Thomas L. Wise, Bonnie S. Ziegler, Mark E. Ziegler. (Attachments: #1 Exhibit A - G&B Clients, #2 Proposed Order)(Braunstein, Michael) Modified on 3/2/2017 to edit text (D,TM). |
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Order:(non-document) Plaintiff is directed to make a good faith effort to provide notice of the March 6, 2017 mediation conference to all affected landowners who are not represented by counsel of record. If a landowner is represented by counsel who is not counsel of record in this case, then notice may be provided to the landowner through the landowners counsel (re #177 ). So ordered. Judge James G. Carr on 3/1/17. (C,D)
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Filing 177
Order: In anticipation of a court ordered mediation as set forth herein, plaintiff Rover Pipeline, LLC is directed to file, by March 3, 2017, two spreadsheets for all defendant properties for which thereis not an agreement. Rover, and all represented parties that have not entered into a settlement agreement with Rover, through a person with full settlement authority to enter into settlement agreements, must report to the John F. Seiberling Federal Building and U.S.Courthouse, 2 South Main Street, Akron, Ohio 44308, by 8:30 AM on March 6,2017. A party represented by counsel in attendance need not appear, provided that counsel has full settlement authority. Unrepresented parties may, but are not required to, participate in the above mentioned mediation. (SEE ORDER FOR FULL DETAILS) Judge James G. Carr on 2/28/17. (C,D)
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| Filing 176 Motion to seal document Exhibit B to the deposition of Mark Vedral filed by Harold L. Hornish, Jean A. Hornish, Sherri Klingshirn, Frederick O. Maassel, Brian D. Rohrs, Saddlewood, LLC, Evelyn Hornish Schlosser. (White, Thomas) Modified on 3/2/2017 to edit text (D,TM). |
| Filing 175 Notice of filing Exhibits A, C, D, E, F, G, H, I and J to Deposition Transcript of Mark Vedral filed by Harold L. Hornish, Jean A. Hornish, Frederick O. Maassel, Brian D. Rohrs, Saddlewood, LLC, Evelyn Hornish Schlosser. (Attachments: #1 Exhibit A- Affidavit of Mark Vedral, #2 Exhibit C - Correspondence, #3 Exhibit D- ROW Cost Estimate Kindler Properties, #4 Exhibit E - ROW Cost Estimate Lang Properties, #5 Exhibit F - Email from Matt Strayer to Gregory Brunton, #6 Exhibit G - Email from Gregory Brunton to Micheal Braunstein, #7 Exhibit H - Email from Carl Duke re Drain Tile Matters, #8 Exhibit I - Advertisement, #9 Exhibit J - Correspondence from Rover)(White, Thomas) Modified on 3/2/2017 to remove repetitive text (D,TM). |
| Filing 174 Notice of Filing Deposition Transcript of Mark Vedral with attached filed by Harold L. Hornish, Jean A. Hornish, Sherri Klingshirn, Brian D. Rohrs, Saddlewood, LLC, Evelyn Hornish Schlosser. (Attachments: #1 Deposition fo Mark Vedral)(White, Thomas) Modified on 3/2/2017 to edit text (D,TM). |
| Filing 173 IMPORTANT: Notice of mediation conference to be held on 3/6/2017 at 8:30 AM in Courtroom 400 before Magistrate Judge Kathleen B. Burke. Please report directly to the courtroom. (D,I) |
| Filing 172 Expedited Non-Appeal Transcript Order Form for proceedings held on 02/24/2017 before Judge James G. Carr, Court Reporter: Angela Nixon. Requested completion date: 03/06/2017 filed by Rover Pipeline LLC. (Brunton, Gregory) |
| Filing 171 Notice of Dismissal Under FRCP 41(a)(1) of Napoleon Defiance & Western Railway, without prejudice filed by Rover Pipeline LLC. (Brunton, Gregory) |
| Filing 170 Attorney Appearance by James M. Richard filed by on behalf of Franklin Gas & Oil Co.. (Richard, James) |
| Filing 169 Notice of Dismissal Under FRCP 41(a)(1) of Mark A. Oberhaus and Debra A. Oberhaus, without prejudice filed by Rover Pipeline LLC. (Brunton, Gregory) |
| Filing 168 Notice of Dismissal Under FRCP 41(a)(1) of Lowell L. Oberhaus and Linda H. Oberhaus, without prejudice filed by Rover Pipeline LLC. (Brunton, Gregory) |
| Filing 167 Notice of Dismissal Under FRCP 41(a)(1) of all claims against Napoleon Defiance & Western Railway without prejudice filed by Rover Pipeline LLC. (Brunton, Gregory) Modified text on 2/24/2017 (H,JD). |
| Filing 166 Amended complaint against All Defendants and adding new party defendant(s) Ohio Turnpike Commission Filed by Rover Pipeline LLC. (Attachments: #1 Exhibit A Notice of Commencement, #2 Exhibit B FERC Certificate, #3 Exhibit C Route Map, #4 Exhibit D FEIS) (Brunton, Gregory) |
| Filing 165 Opposition to #152 Emergency Motion to strike Plaintiff's Motion for Order Confirming Condemnation Authority and Awarding Immediate Possession of the Easements Sought Motion to stay all briefing and decisions pending the filing of an Answer and Discovery filed by Rover Pipeline LLC. (Brunton, Gregory) |
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Filing 164
Order of Telephone Conference held on 2/23/2017. Hearing on plaintiff's motion for preliminary injunction to be held Thursday, March 9, 2017, jointly with the hearing previously set by the Hon. Sara Lioi, in her courtroom in the U.S. Courthouse, Akron, Ohio, beginning at 9:00 a.m.; said hearing in lieu of hearing/adjudication re. motion for temporary restraining order. Plaintiffs' counsel to identify "tree tract" owners to counsel who have appeared on behalf of such owners. Status report(s) re. status re. "tree tract" owners, and such other matters as counsel shall desire to include, to be filed by Wednesday, March 1, 2017. Pre- and post-hearing briefing schedule to be the same as that to be set by Judge Lioi in her case. Parties and counsel to sign and file in this case the same protective order filed in the case pending before Hon. Algenon Marbley, S.D. Ohio, without prejudice to revise at a later date. Parties to undertake to prepare discovery schedule and are to notify the undersigned if assistance is needed. Further briefing and ruling on motions opposing appointment of a Fed. R. Civ. P. 71.1 Commission held in abeyance pending further order. Judge James G. Carr on 2/23/2017. Time: 1.5(S,AL)
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| Filing 163 Corporate Disclosure Statement identifying FirstEnergy Corp., as a subsidiary for Toledo Edison Company filed by Toledo Edison Company. (Funk, Stephen) Modified on 2/23/2017 to edit text (D,TM). |
| Filing 162 Attorney Appearance of Stephen W. Funk and Leighann K. Fink filed by on behalf of Toledo Edison Company. (Funk, Stephen) Modified on 2/23/2017 to edit text (D,TM). |
| Filing 161 Motion to Stay proceedings pending discovery with request for Oral hearing and Opposition to Plaintiff's #12 Motion for Order confirming condemnation authority and awarding immediate possession of the easements sought with Proposed Order filed by Harold L. Hornish, Jean A. Hornish, Sherri Klingshirn, Frederick O. Maassel, Brian D. Rohrs, Rita Arend Rohrs, Saddlewood, LLC, Evelyn Hornish Schlosser. (White, Thomas) Modified on 2/23/2017 to edit text and to correct event (motion)(D,TM). |
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Filing 160
Order of Recusal. This case is returned to the Clerk for reassignment to another judge due to a personal financial interest in a party to the proceeding. Judge Jeffrey J. Helmick on 2/21/2017. (S,AL)
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| Filing 159 Unopposed Motion for extension of time until 3/13/2017 to file response/reply to #3 Motion to Appoint a Commission filed by David E. Cassidy, Kristi M. Cassidy. Related document(s) #3 . (Attachments: #1 Proposed Order Granting Motion)(Fusonie, Thomas) |
| Filing 158 Motion to stay briefing on Plaintiff's #3 Motion to Appoint a Commission> filed by Harold L. Hornish, Jean A. Hornish, Sherri Klingshirn, Frederick O. Maassel, Brian D. Rohrs, Saddlewood, LLC, Evelyn Hornish Schlosser. (White, Thomas) Modified text on 2/22/2017 (H,JD). |
| Judge James G. Carr assigned to case. Judge Jeffrey J. Helmick terminated. (M,L) |
| Filing 157 First Motion for extension of time until April 7, 2017 to answer Plaintiffs Complaint filed by Harold L. Hornish, Jean A. Hornish, Sherri Klingshirn, Frederick O. Maassel, Brian D. Rohrs, Rita Arend Rohrs, Saddlewood, LLC, Evelyn Hornish Schlosser. (White, Thomas) |
| Filing 156 Corporate Disclosure Statement filed by Saddlewood, LLC. (White, Thomas) |
| Filing 155 Response to #12 Motion for Order Confirming Condemnation Authority and Awarding Immediate Possesion of the Easements Sought with Proposed Order filed by Robin L. Bresler. (Griffith, D.) |
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Filing 154
Order of Recusal. This case is returned to the Clerk for reassignment to another judge. Judge Jack Zouhary on 2/16/2017. (D,L)
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| Judge Jeffrey J. Helmick assigned to case. Judge Jack Zouhary terminated. (M,L) |
| Filing 153 Attorney Appearance by Mark D. Landes filed by on behalf of Burns Family Farms, LLC. (Landes, Mark) |
| Filing 152 Emergency Motion to strike #12 Plaintiff's Motion for Order Confirming Condemnation Authority and Awarding Immediate Possession of the Easements Sought and in the alternative Motion to stay all briefing and decisions pending the filing of an Answer and Discovery filed by David E. Cassidy, Kristi M. Cassidy. Related document(s) #12 . (Attachments: #1 Exhibit Wilson Decision)(Fusonie, Thomas). AddedMotion to stay on 2/17/2017 (M,L). |
| Filing 151 Attorney Appearance by Thomas A. Zabel filed by on behalf of All Plaintiffs. (Zabel, Thomas) |
| Filing 150 Attorney Appearance by Thomas D. White filed by on behalf of Harold L. Hornish, Jean A. Hornish, Sherri Klingshirn, Frederick O. Maassel, Brian D. Rohrs, Rita Arend Rohrs, Saddlewood, LLC, Evelyn Hornish Schlosser. (White, Thomas) |
| Filing 149 Motion for leave to Conduct Expedited Discovery filed by Defendant Burns Family Farms, LLC. (Attachments: #1 Exhibit A - proposed Discovery Requests, #2 Proposed Order to Conduct Expedited Discovery)(Braunstein, Michael) |
| Filing 148 Motion for an Order Scheduling Status Conference and Motion for the Court to Refrain from Signing any Order Requested by Rover and from Scheduling Hearings Until All Defendants Have Been Served Under Rules 4 and 71.1 filed by Defendant Burns Family Farms, LLC. (Attachments: #1 Proposed Order)(Braunstein, Michael). Added Motion to refrain from signing orders scheduling hearings on 2/14/2017 (M,L). |
| Filing 147 Motion for leave to Exceed Page Limit in Memorandum in Opposition to #12 Plaintiff's Motion for Order Confirming Condemnation Authority and Awarding Immediate Possession of the Easements Sought with Proposed Order filed by Defendant Burns Family Farms, LLC. (Attachments: #1 Proposed Order)(Braunstein, Michael) Modified text on 2/14/2017 (M,L). |
| Filing 146 Attorney Appearance by Michael Braunstein, Clinton P. Stahler, Matthew L. Strayer filed by on behalf of Burns Family Farms, LLC. (Braunstein, Michael) Modified to add attorney's names on 2/10/2017 (G,CA). |
| Filing 145 Notice of Commencement of Condemnation Action as to Tract OH-WO-079.000 with Exhibit A, Landowners James F. Flowers and Susan M. Flowers filed by All Plaintiffs. (Brunton, Gregory) Modified text on 2/23/2017 (M,L). |
| Filing 144 Notice of Commencement of Condemnation Action as to Tract OH-WO-078.500 with Exhibit A, Landowners Delbert H. Behrman, Trustee of the Angela L. Richardson Trust dated July 28, 2005, and Lorna I. Behrman, Trustee of the Angela L. Richardson Trust dated July 28, 2005 filed by All Plaintiffs. (Brunton, Gregory) Modified text on 2/23/2017 (M,L). |
| Filing 143 Notice of Commencement of Condemnation Action as to Tract OH-WO-078.000 with Exhibit A, Landowners Luann C. Flowers, Trustee of the Luann C. Flowers Revocable Trust dated February 11, 2014 filed by All Plaintiffs. (Brunton, Gregory) Modified text on 2/23/2017 (M,L). |
| Filing 142 Notice of Commencement of Condemnation Action as to Tract OH-WO-077.120 with Exhibit A, Landowners Timothy S. Behrman and Marty A. Behrman filed by All Plaintiffs. (Brunton, Gregory) Modified text on 2/23/2017 (M,L). |
| Filing 141 Notice of Commencement of Condemnation Action as to Tract OH-WO-076.000 with Exhibit A, Landowners Hilda R. Durliant, Trustee of The Floyd J. and Hilda R. Durliant Living Trust dated July 18, 1993 Nonmarital Share Trust filed by All Plaintiffs. (Brunton, Gregory) Modified on 2/23/2017 (M,L). |
| Filing 140 Notice of Commencement of Condemnation Action as to Tract OH-WO-075.000 Exhibit A, Landowners Steven M. Powell and Dona L. Powell filed by All Plaintiffs. (Brunton, Gregory) Modified text on 2/23/2017 (M,L). Modified on 2/23/2017 (M,L). |
| Filing 139 Notice of Commencement of Condemnation Action as to Tract OH-WO-073.000 with Exhibit A, Landowners Anthony A. Lause, Trustee of the Anthony A. Lause Trust dated April 22, 2004 filed by All Plaintiffs. (Brunton, Gregory) Modified text on 2/23/2017 (M,L). |
| Filing 138 Notice of Commencement of Condemnation Action as to Tract OH-WO-072.000 with Exhibit A,Landowners Joseph P. Lause and Martha J. Lause filed by All Plaintiffs. (Brunton, Gregory) Modified text on 2/23/2017 (M,L). |
| Filing 137 Notice of Commencement of Condemnation Action as to Tract OH-WO-071.000 with Exhibit A, Landowner William Wilhelm filed by All Plaintiffs. (Brunton, Gregory) Modified text on 2/23/2017 (M,L). |
| Filing 136 Notice of Commencement of Condemnation Action as to Tract OH-WO-070.000 with Exhibit A, Landowner John Powell filed by All Plaintiffs. (Brunton, Gregory) Modified text on 2/23/2017 (M,L). |
| Filing 135 Notice of Commencement of Condemnation Action as to Tract OH-WO-055.000-SSE with Exhibit A, Landowner Violet Sue Souvenier fka Violet Sue Rader filed by All Plaintiffs. (Brunton, Gregory) Modified text on 2/23/2017 (M,L). |
| Filing 134 Notice of Commencement of Condemnation Action as to Tract OH-WO-055.000 with Exhibit A, Landowner Violet Sue Souvenier fka Violet Sue Rader filed by All Plaintiffs. (Brunton, Gregory) Modified text on 2/23/2017 (M,L). |
| Filing 133 Notice of Commencement of Condemnation Action as to Tract OH-WO-051.000 Exhibit A, RJ Carpenter Family Limited Partnership filed by All Plaintiffs. (Brunton, Gregory) Modified text on 2/23/2017 (M,L). |
| Filing 132 Notice of Commencement of Condemnation Action as to Tract OH-WO-039.000 with Exhibit A, Landowner Anita C. Gerkens filed by All Plaintiffs. (Brunton, Gregory) Modified text on 2/23/2017 (M,L). |
| Filing 131 Notice of Commencement of Condemnation Action as to Tract OH-WO-036.000 with Exhibit A, Landowner Anita C. Gerkens filed by All Plaintiffs. (Brunton, Gregory) Modified text on 2/23/2017 (M,L). |
| Filing 130 Notice of Commencement of Condemnation Action as to Tract OH-WO-031.000 with Exhibit A, Kenneth A. Stearns and Jane M. Stearns, Trustee of the Sterns Family Trust filed by All Plaintiffs. (Brunton, Gregory) Modified text on 2/23/2017 (M,L). |
| Filing 129 Notice of Commencement of Condemnation Action as to Tract OH-WO-023.000 with Exhibit A, Landowner Thomas A. Waldock, Trustee of the Thomas A. Waldock Trust Agreement dated September 15, 2011 filed by All Plaintiffs. (Brunton, Gregory) Modified text on 2/23/2017 (M,L). |
| Filing 128 Notice of Commencement of Condemnation Action as to Tract OH-WO-021.000 with Exhibit A, Robin L. Bresler filed by All Plaintiffs. (Brunton, Gregory) Modified text on 2/23/2017 (M,L). |
| Filing 127 Notice of Commencement of Condemnation Action as to Tract OH-WO-019.000 with Exhibit A, Landowner Thomas A. Waldock, Trustee of the Trust Agreement of Thomas A. Waldock dated September 15, 2011 filed by All Plaintiffs. (Brunton, Gregory) Modified text on 2/23/2017 (M,L). |
| Filing 126 Notice of Commencement of Commencement of Condemnation Action as to Tract OH-WO-012.000 with Exhibit A, Landowner Michael J. Stearns, Trustee under Trust Agreement of Michael J. Stearns dated March 30,2007 filed by All Plaintiffs. (Brunton, Gregory) Modified text on 2/23/2017 (M,L). |
| Filing 125 Notice of Commencement of Condemnation Action as to Tract OH-WO-011.000 with Exhibit A,Landowners Patty J. Stearns, Successor Trustee of the Jack L. Stearns Declaration of Trust and Patty J. Stearns, Trustee of the Patty J. Stearns Declaration of Trust filed by All Plaintiffs. (Brunton, Gregory) Modified text on 2/23/2017 (M,L). |
| Filing 124 Notice of Commencement of Condemnation Action as to Tract OH-WO-010.000 with Exhibit A, Landowner Valeria V. Nye filed by All Plaintiffs. (Brunton, Gregory) Modified text on 2/23/2017 (M,L). |
| Filing 123 Notice of Commencement of Condemnation Action as to Tract OH-WO-005.000 with Exhibit A, Landowner Valerie V. Nye filed by All Plaintiffs. (Brunton, Gregory) Modified text on 2/22/2017 (M,L). |
| Filing 122 Notice of Commencement of Condemnation Action as to Tract OH-WO-002.000 with Exhibit A, Landowner Christopher J. Turley filed by All Plaintiffs. (Brunton, Gregory) Modified text on 2/22/2017 (M,L). |
| Filing 121 Notice of Commencement of Condemnation Action as to Tract of Condemnation Action as to Tract OH-SE-088.000 with Exhibit A, Landowners Gerald F. Lowery and Joanne L. Lowery filed by All Plaintiffs. (Brunton, Gregory) Modified text on 2/22/2017 (M,L). |
| Filing 120 Notice of Commencement of Condemnation Action as to Tract OH-SE-087.000 with Exhibit A, Landowners James L. Elchert and Joyce A. Elchert filed by All Plaintiffs. (Brunton, Gregory) Modified text on 2/22/2017 (M,L). |
| Filing 119 Notice of Commencement of Condemnation Action as to Tract OH-SE-086.000 with Exhibit A, Landowners Gerald F. Lowery and Joanne L. Lowery filed by All Plaintiffs. (Brunton, Gregory) Modified text on 2/22/2017 (M,L). |
| Filing 118 Notice of Commencement of Condemnation Action as to Tract OH-SE-085.000 with Exhibit A, Landowner Rinebold Farm, LLC filed by All Plaintiffs. (Brunton, Gregory) Modified text on 2/22/2017 (M,L). |
| Filing 117 Notice of Commencement of Condemnation Action as to Tract OH-SE-084.000 with Exhibit A, Landowner Shiff Family Limited Partnership filed by All Plaintiffs. (Brunton, Gregory) Modified text on 2/22/2017 (M,L). |
| Filing 116 Notice of Commencement of Condemnation Action as to Tract OH-SE-083.000 with Exhibit A, Landowner Bullfrog 430, LLC filed by All Plaintiffs. (Brunton, Gregory) Modified text on 2/22/2017 (M,L). |
| Filing 115 Notice of Commencement of Condemnation Action as to Tract OH-SE-082.000 with Exhibit A, Landowner Douglas E. Coppus filed by All Plaintiffs. (Brunton, Gregory) Modified text on 2/22/2017 (M,L). |
| Filing 114 Notice of Commencement of Condemnation Action as to Tract OH-SE-080.000 with Exhibit A, Landowners Dale A. and Sharon A. Peter filed by All Plaintiffs. (Brunton, Gregory) Modified text on 2/22/2017 (M,L). |
| Filing 113 Notice of Commencement of Condemnation Action as to Tract OH-SE-079.000 with Exhibit A, Landowners Sandy M. Lang and Jeffrey A. Lang filed by All Plaintiffs. (Brunton, Gregory) Modified text on 2/22/2017 (M,L). |
| Filing 112 Notice of Commencement of Condemnation Action as to Tract OH-SE-078.000 with Exhibit A, Landowners Edward N. Goshe, Jr. and Judith K. Goshe filed by All Plaintiffs. (Brunton, Gregory) Modified on 2/22/2017 (M,L). |
| Filing 111 Notice of Commencement of Condemnation Action as to Tract OH-SE-077.000 with Exhibit A, Landowner Bernice Louise Holman, Trustee of the Bernice Louise Holman Revocable Living Trust dated 9/17/2009 filed by All Plaintiffs. (Brunton, Gregory) Modified text on 2/22/2017 (M,L). |
| Filing 110 Notice of Commencement of Condemnation Action as to Tract OH-SE-076.000 with Exhibit A, Landowner Holmstead Farms, LLC filed by All Plaintiffs. (Brunton, Gregory) Modified text on 2/22/2017 (M,L). |
| Filing 109 Notice of Commencement of Condemnation Action as to Tract OH-SE-075.000 with Exhibit A, Landowners Burns Family Farms, LLC filed by All Plaintiffs. (Brunton, Gregory) Modified text on 2/22/2017 (M,L). |
| Filing 108 Notice of Commencement of Condemnation Action as to Tract OH-SE-074.000 Exhibit A, Landowners David E. Cassidy and Kristi M. Cassidy filed by All Plaintiffs. (Brunton, Gregory) Modified text on 2/22/2017 (M,L). |
| Filing 107 Notice of Commencement of Condemnation Action as to Tract OH-SE-071.000 with Exhibit A, Landowners Robert L. Cobb, Martha K. Cobb, Julia A. Burns, Tammy S. Cobb, and Robert L. Cobb II filed by All Plaintiffs. (Brunton, Gregory) Modified text on 2/22/2017 (M,L). |
| Filing 106 Notice of Commencement of Condemnation Action as to Tract OH-SE-070.000 with Exhibit A, Landowners Cyril G. Gosche and Mary Ellen Gosche filed by All Plaintiffs. (Brunton, Gregory) Modified text on 2/22/2017 (M,L). |
| Filing 105 Notice of Commencement of Condemnation Action as to Tract OH-SE-066.000 Exhibit A, Landowners Cyril G. Gosche and Mary Ellen Gosche filed by All Plaintiffs. (Brunton, Gregory) Modified text on 2/22/2017 (M,L). |
| Filing 104 Notice of Commencement of Condemnation Action as to Tract OH-SE-065.000 and Exhibit A, Landowner Fruth Legacy Farms, LLC filed by All Plaintiffs. (Brunton, Gregory) Modified text on 2/22/2017 (M,L). |
| Filing 103 Notice of Commencement of Condemnation Action as to Tract OH-SE-064.000 with Exhibit A, Landowner Ruthee A. Deward filed by All Plaintiffs. (Brunton, Gregory) Modified text on 2/22/2017 (M,L). |
| Filing 102 Notice of Commencement of Condemnation Action as to Tract OH-SE-063.000 with Exhibit A, Landowners Alan D. Sheidler and Sara A. Sheidler filed by All Plaintiffs. (Brunton, Gregory) Modified text on 2/22/2017 (M,L). |
| Filing 101 Notice of Commencement of Condemnation Action as to Tract OH-SE-061.000 with Exhibit A, Landowners Alan D. Sheidler and Sara A. Sheidler filed by All Plaintiffs. (Brunton, Gregory) Modified text on 2/22/2017 (M,L). |
| Filing 100 Notice of Commencement of Condemnation Action as to Tract OH-SE-059.120 with Exhibit A, Landowners Robert J. Schilling and Patricia A. Schilling filed by All Plaintiffs. (Brunton, Gregory) Modified text on 2/22/2017 (M,L). |
| Filing 99 Notice of Commencement of Condemnation Action as to Tract OH-SE-059.110 with Exhibit A, Landowners Benjamin J. Kelbley and Jolene R. Kelbley filed by All Plaintiffs. (Brunton, Gregory) Modified text on 2/22/2017 (M,L). |
| Filing 98 Notice of Commencement of Condemnation Action as to Tract OH-SE-059.100 with Exhibit A, Landowners Gary L. Smith, Gregory P. Smith and Mark A. Smith filed by All Plaintiffs. (Brunton, Gregory) Modified text on 2/22/2017 (M,L). |
| Filing 97 Notice of Commencement of Condemnation Action as to Tract OH-SE-058.000 with Exhibit A, Landowners Gary L. Smith, Gregory P. Smith and Mark A. Smith filed by All Plaintiffs. (Brunton, Gregory) Modified text on 2/22/2017 (M,L). |
| Filing 96 Notice of Commencement of Condemnation Action as to Tract OH-SE-057.000-SSE with Exhibit A, Landowners Mark A. Smith; Gary L. Smith and Elaine S. Smith; Gregory P. Smith and Carol A. Smith filed by All Plaintiffs. (Brunton, Gregory) Modified text on 2/22/2017 (M,L). |
| Filing 95 Notice of Commencement of Condemnation Action as to Tract OH-SE-057.000 with Exhibit A, Landowners Mark A. Smith; Gary L. Smith and Elaine S. Smith; Gregory P. Smith and Carol A. Smith filed by All Plaintiffs. (Brunton, Gregory) Modified text on 2/22/2017 (M,L). |
| Filing 94 Notice of Commencement of Condemnation Action as to Tract OH-SE-056.000 with Exhibit A, Landowners Michael A. Cook and Andrea J. Cook filed by All Plaintiffs. (Brunton, Gregory) Modified text on 2/22/2017 (M,L). |
| Filing 93 Notice of Commencement of Condemnation Action as to Tract OH-SE-055.000 with Exhibit A, Landowners Mark A. Smith; Gary L. Smith and Elaine S. Smith; and Gregory P. Smith and Carol A. Smith filed by All Plaintiffs. (Brunton, Gregory) Modified text on 2/22/2017 (M,L). |
| Filing 92 Notice of Commencement of Condemnation Action as to Tract OH-SE-054.000 with Exhibit A, Landowners Jeffery L. Fox and Justine G. Fox filed by All Plaintiffs. (Brunton, Gregory) Modified text on 2/22/2017 (M,L). |
| Filing 91 Notice of Commencement of Condemnation Action as to Tract OH-SE-053.000 with Exhibit A, Landowner Mary A. Smith filed by All Plaintiffs. (Brunton, Gregory) Modified text on 2/22/2017 (M,L). |
| Filing 90 Notice of Commencement of Condemnation Action as to Tract OH-SE-052.000 with Exhibit A, Landowners Mark A. Smith, Gary L. Smith and Carol A. Smith filed by All Plaintiffs. (Brunton, Gregory) Modified text on 2/22/2017 (M,L). |
| Filing 89 Notice of Commencement of Condemnation Action as to Tract OH-SE-051.000 with Exhibit A, Landowner Mary Ruth Frisch filed by All Plaintiffs. (Brunton, Gregory) Modified text on 2/22/2017 (M,L). |
| Filing 88 Notice of Commencement of Condemnation Action as to Tract OH-SE-050.000 with Exhibit A, Landowners Steven G. Smith, Trustee of The Steven G. Smith Revocable Trust dated March 24, 2006,as restated April 27, 2009 filed by All Plaintiffs. (Brunton, Gregory) Modified text on 2/22/2017 (M,L). |
| Filing 87 Notice of Commencement of Condemnation Action as to Tract OH-SE-049.000 with Exhibit A, Landowners Linda R. Burn and James P. Smith, Co-Trustees of Ruth L. Smith Revocable Trust dated 9/19/1997, Steven G. Smith and James P. Smith filed by All Plaintiffs. (Brunton, Gregory) Modified text on 2/22/2017 (M,L). |
| Filing 86 Notice of Commencement of Condemnation Action as to Tract OH-SE-048.000 with Exhibit A, Landowner Tiffin Masonic Real Estate, Inc. filed by All Plaintiffs. (Brunton, Gregory) Modified text on 2/22/2017 (M,L). |
| Filing 85 Notice of Commencement of Condemnation Action as to Tract OH-SE-047.000 with Exhibit A, Landowners Kenneth J. Schroth and Marie A. Schroth, Trustees of the Kenneth J. Schroth Trust Agreement dated December 13, 1999 filed by All Plaintiffs. (Brunton, Gregory) Modified text on 2/22/2017 (M,L). |
| Filing 84 Notice of Commencement of Condemnation Action as to Tract OH-SE-046.000 with Exhibit A, Landowners Donan Farms, LLC and William V. Smith and Jane E. Smith, Trustees of the Smith Revocable Living Trust dated July 11, 2007 filed by All Plaintiffs. (Brunton, Gregory) Modified text on 2/22/2017 (M,L). |
| Filing 83 Notice of Commencement of Condemnation Action as to Tract OH-SE-044.000 with Exhibit A, Landowners Sheldon Scott Family Farms, LLC filed by All Plaintiffs. (Brunton, Gregory) Modified text on 2/22/2017 (M,L). |
| Filing 82 Notice of Commencement of Condemnation Action as to Tract OH-SE-043.000 with Exhibit A, Landowners Jerry E. Wise and Linda Wise filed by All Plaintiffs. (Brunton, Gregory) Modified text on 2/22/2017 (M,L). |
| Filing 81 Notice of Commencement of Condemnation Action as to Tract OH-SE-042.000 with Exhibit A, Jo Anne Meyer, Trustee of the Jo Anne Meyer Revocable Trust dated January 13,2000 filed by All Plaintiffs. (Brunton, Gregory) Modified on 2/22/2017 (M,L). |
| Filing 80 Notice of Commencement of Condemnation Action as to Tract OH-SE-041.000 with Exhibit A, Landowner Donald J. Daniel filed by All Plaintiffs. (Brunton, Gregory) Modified text on 2/22/2017 (M,L). |
| Filing 79 Notice of Commencement of Condemnation Action as to Tract OH-SE-040.000 with Exhibit A, Landowner Frank D. Bugner filed by All Plaintiffs. (Brunton, Gregory) Modified text on 2/22/2017 (M,L). |
| Filing 78 Notice of Commencement of Condemnation Action as to Tract OH-SE-039.000 with Exhibit A, Landowners Roger A. Daniel and Melissa A. Daniel filed by All Plaintiffs. (Brunton, Gregory) Modified text on 2/22/2017 (M,L). |
| Filing 77 Notice of Commencement of Condemnation Action as to Tract OH-SE-038.000 with Exhibit A, Landowner Edward A. Daniel filed by All Plaintiffs. (Brunton, Gregory) Modified text on 2/22/2017 (M,L). |
| Filing 76 Notice of Commencement of Condemnation Action as to Tract OH-SE-037.000 with Exhibit A, Landowners Thomas L. Wise and Donna J. Wise filed by All Plaintiffs. (Brunton, Gregory) Modified text on 2/22/2017 (M,L). |
| Filing 75 Notice of Commencement of Condemnation Action as to Tract OH-SE-034.000 with Exhibit A, Landowner Robert H. Monroe, Trustee of the Monroe Farm Trust, dated 8/16/2007 filed by All Plaintiffs. (Brunton, Gregory) Modified text on 2/22/2017 (M,L). |
| Filing 74 Notice of Commencement of Condemnation Action as to Tract OH-SE-029.000 with Exhibit A, Landowners Delbert L. Morter, Trustee of the Delbert L. Morter Revocable Living Trust dated 4/11/02 and Donna L. Morter, Trustee of the Donna L. Morter Revocable Living Trust dated 4/11/02 filed by All Plaintiffs. (Brunton, Gregory) Modified text on 2/22/2017 (M,L). |
| Filing 73 Notice of Commencement of Condemnation Action as to Tract OH-SE-028.000 with Exhibit A, Landowner Downs Farms, and Ohio Partnership filed by All Plaintiffs. (Brunton, Gregory) Modified text on 2/22/2017 (M,L). |
| Filing 72 Notice of Commencement of Condemnation Action as to Tract OH-SE-027.000 with Exhibit A, Landowner Martha J. Spitler filed by All Plaintiffs. (Brunton, Gregory) Modified text on 2/22/2017 (M,L). |
| Filing 71 Notice of Commencement of Condemnation Action as to Tract OH-SE-026.000 with Exhibit A, Landowners Ronald P. Frisch and Patty A. Frisch, Trustees of the Ronald P. Frisch and Patty A. Frisch Revocable Trust u/a dated August 26, 2013 filed by All Plaintiffs. (Brunton, Gregory) Modified text on 2/22/2017 (M,L). |
| Filing 70 Notice of Commencement of Condemnation Action as to Tract OH-SE-025.000 with Exhibit A, Landowners Jeffrey D. Wagner and Carla S. Wagner filed by All Plaintiffs. (Brunton, Gregory) Modified text on 2/22/2017 (M,L). |
| Filing 69 Notice of Commencement of Condemnation Action as to Tract OH-SE-024.000 with Exhibit A, Landowners James A. Jacoby and Jackie A. Jacoby filed by All Plaintiffs. (Brunton, Gregory) Modified text on 2/22/2017 (M,L). |
| Filing 68 Notice of Commencement of Condemnation Action as to Tract OH-SE-023.000 with Exhibit A, Landowners Mark S. Wagner and Amy K. Wagner filed by All Plaintiffs. (Brunton, Gregory) Modified text on 2/22/2017 (M,L). |
| Filing 67 Notice of Commencement of Condemnation Action as to Tract OH-SE-021.000 with Exhibit A, Landowners LuAnn K. Brodman and David L. Brodman filed by All Plaintiffs. (Brunton, Gregory) Modified text on 2/22/2017 (M,L). |
| Filing 66 Notice of Commencement of Condemnation Action as to Tract OH-SE-020.000 with Exhibit A, Landowner Janice E. Zellner filed by All Plaintiffs. (Brunton, Gregory) Modified text on 2/22/2017 (M,L). |
| Filing 65 Notice of Commencement of Condemnation Action as to Tract OH-SE-019.000 with Exhibit A, Landowners Benedict L. Heydinger and Valerie A. Heydinger filed by All Plaintiffs. (Brunton, Gregory) Modified text on 2/22/2017 (M,L). |
| Filing 64 Notice of Commencement of Condemnation Action as to Tract OH-SE-018.000 with Exhibit A, Landowners Mark E. Ziegler and Bonnie S. Ziegler, Trustees of the Mark E. Ziegler and Bonnie S. Ziegler Revocable Trust dated 1/30/2006 filed by All Plaintiffs. (Brunton, Gregory) Modified text on 2/22/2017 (M,L). |
| Filing 63 Notice of Commencement of Condemnation Action as to Tract OH-SE-017.000 with Exhibit A, Landowners Lee J. Koehler and Sandra K. Koehler filed by All Plaintiffs. (Brunton, Gregory) Modified text on 2/22/2017 (M,L). |
| Filing 62 Notice of Commencement of Condemnation Action as to Tract OH-SE-016.000 with Exhibit A, Landowners Lyle M. Linn and Carol A. Linn filed by All Plaintiffs. (Brunton, Gregory) Modified text on 2/22/2017 (M,L). |
| Filing 61 Notice of Commencement of Condemnation Action as to Tract OH-SE-015.000 with Exhibit A, Landowner Robert H. Monroe, Trustee of the Monroe Family Trust dated August 16, 2007 filed by All Plaintiffs. (Brunton, Gregory) Modified text on 2/22/2017 (M,L). |
| Filing 60 Notice of Commencement of Condemnation Action as to Tract OH-SE-011.000 with Exhibit A, Landowner Gerald J. Bumb and Shirley A. Bumb filed by All Plaintiffs. (Brunton, Gregory) Modified text on 2/22/2017 (M,L). |
| Filing 59 Notice of Commencement of Condemnation Action as to Tract OH-SE-010.000 with Exhibit A, Landowner Herbert Harpster filed by All Plaintiffs. (Brunton, Gregory) Modified text on 2/22/2017 (M,L). |
| Filing 58 Notice of Commencement of Condemnation Action as to Tract OH-SE-009.000 with Exhibit A, Landowner Kim D. Brause filed by All Plaintiffs. (Brunton, Gregory) Modified text on 2/22/2017 (M,L). |
| Filing 57 Notice of Commencement of Condemnation Action as to Tract OH-SE-007.000 with Exhibit A, Landowner G&A Farms, an Ohio Partnership filed by All Plaintiffs. (Brunton, Gregory) Modified text on 2/22/2017 (M,L). |
| Filing 56 Notice of Commencement of Condemnation Action as to Tract OH-SE-006.000 with Exhibit A, Landowners Gerald J. Bumb and Shirley A. Bumb filed by All Plaintiffs. (Brunton, Gregory) Modified text on 2/22/2017 (M,L). |
| Filing 55 Notice of Commencement of Condemnation Action as to Tract OH-SE-005.000 with Exhibit A, G&A Farms, an Ohio Partnership filed by All Plaintiffs. (Brunton, Gregory) Modified text on 2/22/2017 (M,L). |
| Filing 54 Notice of Commencement of Condemnation Action as to Tract OH-SE-004.000 with Exhibit A, Landowners Gerald J. Bumb and Shirley A. Bumb filed by All Plaintiffs. (Brunton, Gregory) Modified text on 2/22/2017 (M,L). |
| Filing 53 Notice of Commencement of Condemnation Action as to Tract OH-SE-002.000 with Exhibit A, Landowner Edward E. Kirgis filed by All Plaintiffs. (Brunton, Gregory) Modified text on 2/22/2017 (M,L). |
| Filing 52 Notice of Commencement of Condemnation Action as to Tract OH-SE-001.000 with Exhibit A, Landowners Deborah S. Feichtner f/k/a Deborah S. Tuck filed by All Plaintiffs. (Brunton, Gregory) Modified text on 2/22/2017 (M,L). |
| Filing 51 Notice of Commencement of Condemnation Action as to Tract OH-HN-003.000 with Exhibit A, Landowner William P. Stockman filed by All Plaintiffs. (Brunton, Gregory) Modified text on 2/22/2017 (M,L). |
| Filing 50 Notice of Commencement of Condemnation Action as to Tract OH-HE-061.000 with Exhibit A, Landowner Desgranges Bros., Inc. filed by All Plaintiffs. (Brunton, Gregory) Modified text on 2/22/2017 (M,L). |
| Filing 49 Notice of Commencement of Condemnation Action as to Tract OH-HE-060.000 Donald E. Eberle and Joyce Eberle filed by All Plaintiffs. (Brunton, Gregory) Modified text on 2/22/2017 (M,L). |
| Filing 48 Notice of Commencement of Condemnation Action as to Tract OH-HE-059.000 with Exhibit A, Landowners Robert L. Rettig, Trustee of the Robert R. Rettig Living Trust Agreement dated 1/14/2010 and Elizabeth M. Rettig, Trustee of the Elizabeth M. Rettig Living Trust Agreement dated 1/14/2010 filed by All Plaintiffs. (Brunton, Gregory) Modified text on 2/22/2017 (M,L). |
| Filing 47 Notice of Commencement of Condemnation Action as to Tract OH-HE-058.000 with Exhibit A, Landowners Mark A. Oberhaus and Debra A. Oberhaus filed by All Plaintiffs. (Brunton, Gregory) Modified text on 2/21/2017 (M,L). |
| Filing 46 Notice of Condemnation Action as to Tract of Commencement OH-HE-057.000 with Exhibit A, Landowners Lowell Oberhaus and Linda Oberhaus filed by Rover Pipeline LLC. (Brunton, Gregory) Modified text on 2/21/2017 (M,L). |
| Filing 45 Notice of Commencement of Condemnation Action as to Tract OH-HE-052.000 with Exhibit A, Landowners Mark A. Oberhaus and Debra A. Oberhaus filed by Rover Pipeline LLC. (Brunton, Gregory) Modified text on 2/21/2017 (M,L). |
| Filing 44 Notice of Commencement of Condemnation Action as to Tract OH-HE-028.000 with Exhibit A, Landowners Edward Gobrogge and Helen Gobrogge filed by Rover Pipeline LLC. (Brunton, Gregory) Modified text on 2/21/2017 (M,L). |
| Filing 43 Notice of Commencement of Condemnation Action as to Tract OH-HE-027.000 with Exhibit A, Landowner Leroy Gobrogge filed by Rover Pipeline LLC. (Brunton, Gregory) Modified text on 2/21/2017 (M,L). |
| Filing 42 Notice of Commencement of Condemnation Action as to Tract OH-HE-026.900 with Exhibit A, Landowner Indiana & Ohio Rail Corp. filed by Rover Pipeline LLC. (Brunton, Gregory) Modified text on 2/21/2017 (M,L). |
| Filing 41 Notice of Commencement of Condemnation Action as to Tract OH-HE-024.000-SSE with Exhibit A, Landowner Frederick O. Maassel filed by Rover Pipeline LLC. (Brunton, Gregory) Modified text on 2/21/2017 (M,L). |
| Filing 40 Notice of Commencement of Condemnation Action as to Tract OH-HE-021.000 With Exhibit A, Landowners James Ronald Rickenberg, Valerie Rockenberg, Donna McManus, Tony McManus, Janet Kay Rickenberg, Sheila Wiens and Gary Wiens filed by Rover Pipeline LLC. (Brunton, Gregory) Modified text on 2/21/2017 (M,L). |
| Filing 39 Notice of Commencement of Condemnation Action as to Tract OH-HE-020.000 with Exhibit A, Landowner Thomas L. Hornish, Trustee of the Thomas L. Hornish Trust dated November 18, 1992 filed by Rover Pipeline LLC. (Brunton, Gregory) Modified text on 2/21/2017 (M,L). |
| Filing 38 Notice of Commencement of Condemnation Action as to Tract OH-HE-016.520 with Exhibit A, Landowner Darrell L. Botjer filed by Rover Pipeline LLC. (Brunton, Gregory) Modified text on 2/21/2017 (M,L). |
| Filing 37 Notice of Commencement of Condemnation Action as to Tract OH-HE-016.510 with Exhibit A, Landowners Michael M. Imbrock, Debra A. Imbrock, Darla K. Jones, Mark A. Imbrock and Dena R. Imbrock filed by Rover Pipeline LLC. (Brunton, Gregory) Modified text on 2/21/2017 (M,L). |
| Filing 36 Notice of Commencement of Condemnation Action as to Tract OH-HE-014.000 with Exhibit A, Landowner Dennis Bostelman filed by Rover Pipeline LLC. (Brunton, Gregory) Modified text on 2/21/2017 (M,L). |
| Filing 35 Notice of Commencement of Condemnation Action as to Tract OH-HE-012.000 with Exhibit A, Landowners Melvin F. Nickels, Trustee of the Melvin F. Nickels Trust under Declaration of Trust and Agreement dated 11/24/2014 and Lavina A. Nickels, Trustee of the Lavina A. Nickels Trust under Declaration of Trust and Agreement dated 11/24/2014 filed by Rover Pipeline LLC. (Brunton, Gregory) Modified text on 2/21/2017 (M,L). |
| Filing 34 Notice of Commencement of Condemnation Action as to Tract OH-HE-010.500 with Exhibit A, Landowner Sherri K. Kelly filed by Rover Pipeline LLC. (Brunton, Gregory) Modified text on 2/21/2017 (M,L). |
| Filing 33 Notice of Commencement of Condemnation Action as to Tract OH-HE-010.000 with Exhibit A, Landowner Terry L. Woltmann filed by Rover Pipeline LLC. (Brunton, Gregory) Modified text on 2/21/2017 (M,L). |
| Filing 32 Notice of Commencement of Condemnation Action as to Tract OH-HE-009.000 with Exhibit A, Landowners Gary E. Woltmann and Terry L. Woltmann filed by Rover Pipeline LLC. (Brunton, Gregory) Modified text on 2/21/2017 (M,L). |
| Filing 31 Notice of Commencement of Condemnation Action as to Tract OH-HE-008.000 with Exhibit A, Landowners Chester Phillips and Susan K. Phillips filed by Rover Pipeline LLC. (Brunton, Gregory) Modified text on 2/21/2017 (M,L). |
| Filing 30 Notice of Commencement of Condemnation Action as to Tract OH-HE-007.000 with Exhibit A, Landowners Timothy S. Behrman and Marty A. Behrman filed by Rover Pipeline LLC. (Brunton, Gregory) Modified text on 2/21/2017 (M,L). |
| Filing 29 Notice of Commencement of Condemnation Action as to Tract OH-HE-006.000 with Exhibit A, Landowners Shirley J. Woltmann and Debra A. Rhamy filed by Rover Pipeline LLC. (Brunton, Gregory) Modified text on 2/21/2017 (M,L). |
| Filing 28 Notice of Commencement of Condemnation Action as to Tract OH-HE-004.000 with Exhibit A, Landowners James R. Gerken and Joann M. Gerken filed by Rover Pipeline LLC. (Brunton, Gregory) Modified text on 2/21/2017 (M,L). |
| Filing 27 Notice of Commencement of Condemnation Action as to Tract OH-HE-003.000 with Exhibit A, Landowners Henry W. Godeke and Patricia A. Godeke filed by Rover Pipeline LLC. (Brunton, Gregory) Modified text on 2/21/2017 (M,L). |
| Filing 26 Notice of Commencement of Condemnation Action as to Tract OH-HA-016.000 with Exhibit A, Landowner Barbara Ann Turley filed by Rover Pipeline LLC. (Brunton, Gregory) Modified text on 2/21/2017 (M,L). |
| Filing 25 Notice of Commencement of Condemnation Action as to Tract OH-HA-005.000 with Exhibit A, Nathan E. Burns and Gretta L. Burns filed by Rover Pipeline LLC. (Brunton, Gregory) Modified text on 2/21/2017 (M,L). |
| Filing 24 Notice of Commencement of Condemnation Action as to Tract OH-HA-003.000 with Exhibit A, LR& J Family Farms II, LTD filed by Rover Pipeline LLC. (Brunton, Gregory) Modified text on 2/21/2017 (M,L). |
| Filing 23 Notice of Commencement of Condemnation Action as to Tract OH-HA-002.000 with Exhibit A, Landowner Charles P. Schilling filed by Rover Pipeline LLC. (Brunton, Gregory) Modified text on 2/21/2017 (M,L). |
| Filing 22 Notice of Commencement of Condemnation Action as to Tract OH-FU-050.000 with Exhibit A, Gary L. Smith as Trustee of the Gary L. Smith Trust dated April 6, 1996, or his Successor filed by Rover Pipeline LLC. (Brunton, Gregory) Modified text on 2/21/2017 (M,L). |
| Filing 21 Notice of Commencement of Condemnation Action as to Tract OH-FU-048.000 with Exhibit A, Landowner Clark N. Emmons filed by Rover Pipeline LLC. (Brunton, Gregory) Modified text on 2/21/2017 (M,L). |
| Filing 20 Notice of Commencement of Condemnation Action as to Tract of Condemnation Action as to Tract OH-FU-032.500 with Exhibit A, Brenda K. Short and Gregory D. Nofziger, Trustees filed by Rover Pipeline LLC. (Brunton, Gregory) Modified text on 2/21/2017 (M,L). |
| Filing 19 Notice of Commencement of Condemnation Action as to Tract OH-FU-030.000 with Exhibit A, Brenda K. Short and Gregory D. Nofziger, Trustees filed by Rover Pipeline LLC. (Brunton, Gregory) Modified text on 2/21/2017 (M,L). |
| Filing 18 Notice of Commencement of Condemnation Action as to Tract OH-FU-026.000 with Exhibit A, Brenda K. Short and Gregory D. Nofziger, Trustees filed by Rover Pipeline LLC. (Brunton, Gregory) Modified text on 2/21/2017 (M,L). |
| Filing 17 Notice of Commencement of Condemnation Action as to Tract OH-FU-003.000 with Exhibit A, Landowner Saddlewood, LLC filed by Rover Pipeline LLC. (Brunton, Gregory) Modified text on 2/21/2017 (M,L). |
| Filing 16 Notice of Commencement of Condemnation Action as to Tract OH-DF-014.000 with Exhibit A, Landowners Henry E. Vosz and Suanne K. Vosz filed by Rover Pipeline LLC. (Brunton, Gregory) Modified text on 2/21/2017 (M,L). |
| Filing 15 Notice of Commencement of Condemnation Action as to Tract OH-DF-008.000 with Exhibit A, Landowners Timothy N. Miller and Tamara S. Miller filed by Rover Pipeline LLC. (Brunton, Gregory) Modified text on 2/21/2017 (M,L). |
| Filing 14 Notice of Commencement of Condemnation Action as to Tract OH-DF-003.000 with Exhibit A, Wallace J. Ordway and Marcella D. Ordway filed by Rover Pipeline LLC. (Brunton, Gregory) Modified text on 2/21/2017 (M,L). |
| Filing 13 Notice of Commencement of Condemnation Action as to Tract OH-DF-001.000 Homer E. Rudy filed by Rover Pipeline LLC. (Brunton, Gregory) Modified text on 2/21/2017 (M,L). |
| Filing 12 Motion for Order Confirming Condemnation Authority and Awarding Immediate Possesion of the Easements Sought with Proposed Order attached filed by Plaintiff Rover Pipeline LLC. (Brunton, Gregory) Modified on 2/14/2017 (M,L). |
| Filing 11 Notice of Commencement of Condemnation Action as to OH-DE-029.000 with Exhibit A, Landowner Sherri Klingshim, Trustee of Hardy Family Trust U/A dated September 30, 2015, the unknown heirs of Evelyn Mack,Deceased, the unknown heirs of Donelda Wilhelm,Deceased, the unknown heirs of Geraldine Goon,Deceased, the unknown heirs of Charles Westrick,Deceased filed by Rover Pipeline LLC. (Brunton, Gregory) Modified text on 2/21/2017 (M,L). |
| Filing 10 Notice of Commencement of Condemnation Action as to OH-DE-028.000 with Exhibit A, Landowners Evelyn Hornish Schlosser, Trustee of the Evelyn Hornish Schlosser Revocable Living Trust dated 2/27/2009 filed by Rover Pipeline LLC. (Brunton, Gregory) Modified text on 2/21/2017 (M,L). |
| Filing 9 Notice of Commencement of Condemnation Action as to OH-DE-027.000 with Exhibit A, Landowners Harlod L. Hornish and Jean A. Hornish, Trustees of the the Hornish Living Trust dated August 15, 2002 filed by Rover Pipeline LLC. (Brunton, Gregory) Modified text on 2/21/2017 (M,L). |
| Filing 8 Notice of Commencement of Condemnation Action as to OH-DE-025.000 with Exhibit A, Landowners Phillip L. and Denise M. Hornish filed by Rover Pipeline LLC. (Brunton, Gregory) Modified text on 2/21/2017 (M,L). |
| Filing 7 Notice of Commencement of Condemnation Action as to OH-DE-024.000 with Exhibit A, Karl J. And Patricia A. Steinberger, Trustee filed by Rover Pipeline LLC. (Brunton, Gregory) Modified text on 2/21/2017 (M,L). |
| Filing 6 Notice of Commencement of Condemnation Action as to OH-DE-021.000 with Exhibit A, Landowner David Steinberger filed by Rover Pipeline LLC. (Brunton, Gregory) Modified text on 2/21/2017 (M,L). |
| Filing 5 Notice of Commencement of Condemnation Action as to OH-DE-013.900 with Exhibit A, Landowner Michigan Southern Railroad Company d/b/a Napoleon Defiance & Western Railway filed by Rover Pipeline LLC. (Brunton, Gregory) Modified text on 2/21/2017 (M,L). |
| Filing 4 Notice of Commencement of Condemnation Action as to Tract OH-DE-008.000 with Exhibit A, Landowners Brian D. Rohrs, Trustee Agreement of Brian D. Rohrs dated 3/10/2000 and Rita A. Rohrs, Trustee under the Revocable Trust Agreement of Rita Arend Rohrs, dated 3/10/2000 filed by Rover Pipeline LLC. (Brunton, Gregory) Modified text on 2/21/2017 (M,L). |
| Filing 3 Motion to Appoint a Commission filed by Plaintiff Rover Pipeline LLC. (Brunton, Gregory) Modified text on 2/10/2017 (M,L). |
| Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge James R. Knepp, II. (H,JD) |
| Judge Jack Zouhary assigned to case. (H,JD) |
| Notice to Attorney Daniel L. Bey. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.9 must be filed within 10 business days. Related document(s) #2 . (G,CA) |
| Notice to Attorney Justin J. Koterba. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.9 must be filed within 10 business days. Related document(s) #2 . (G,CA) |
| Filing 2 Notice of Filing Exhibits to Verified Complaint for Condemnation filed by Rover Pipeline LLC. (Attachments: #1 Exhibit D - FEIS) Related document(s) #1 . (Brunton, Gregory) |
| Filing 1 Complaint against ANR Pipeline Company, AT&T Corp., AgCredit, Agricultural Credit Association, Air Energy TCI, Inc., Bascom Mutual Telephone Company, Marty A. Behrman, Timothy S. Behrman, Delbert H. Behrman, Trustee of the Angela L. Richardson Trust dated July 28, 2005, Lorna I. Behrman, Trustee of the Angela L. Richardson Trust dated July 28, 2005, Dennis Bostelman, Darrell L. Botjer, Donald Botjer, Kim D. Brause, Robin L. Bresler, David L. Brodman, Luann K. Brodman, Terri L. Brown, Brundage Farm, Buckeye Pipe Line Company, LP, Buckeye Production Credit Association, Frank D. Bugner, Bullfrog 430, LLC, Gerald J. Bumb, Shirley A. Bumb, Linda R. Burn, Co-Trustee of Ruth L. Smith Revocable Trust dated 9/19/1997, Gretta L. Burns, Julia A. Burns, Nathan E. Burns, Burns Family Farms, LLC, CSX Transportation, Inc., David E. Cassidy, Kristi M. Cassidy, Citibank, N.A., Citigroup, Inc., Martha K. Cobb, Robert L. Cobb, Tammy S. Cobb, Robert L. Cobb, II, Columbia Gas Transmission, LLC, Continental Cablevision, Inc., Andrea J. Cook, Michael A. Cook, Douglas E. Coppus, Crossroads Pipeline Company, D & H Oil, LLC, Donald J. Daniel, Donna M. Daniel, Edward A. Daniel, Melissa A. Daniel, Norman L. Daniel, Roger A. Daniel, Desgranges Brothers, Inc., Ruthee A. Dewald, Robert G. Dewald, Trustee of the Robert G. Dewald Trust per instrument dated October 3, 2007, Donan Farms, LLC, Downs Farms, an Ohio Partnership, Hilda R. Durliant, Trustee of the Floyd J. and Hilda R. Durliant Living Trust dated July 18, 1993-Nonmarital Share Trust, Donald E. Eberle, Joyce Eberle, Steven W. Eberle, James L. Elchert, Joyce A. Elchert, Clark N. Emmons, Geraldine M. Emmons, Neree D. Emmons, Erick J. England, Nichole E. England, Exelon Wind, LLC, Farm Credit Services of America, FLCA, Farm Credit Services of Mid-America, FLCA, Federal Land Bank Association of Fostoria, FLCA, Mary D. Feehan, Robert L. Feehan, Deborah S. Feichtner f/k/a Deborah S. Tuck, First Federal Bank of the Midwest, David B. Fitzpatrick, Sandra L. Fitzpatrick, James F. Flowers, Susan M. Flowers, Luann C. Flowers, Trustee of the Luann C. Flowers Revocable Trust dated February 11, 2014, Jeffery L. Fox, Justine G. Fox, Franklin Gas & Oil Co., Mary Ruth Frisch, Patty A. Frisch, Trustee of the Ronald P. Frisch and Patty A. Frisch Revocable Trust dated August 26, 2013, Ronald P. Frisch, Trustee of the Ronald P. Frisch and Patty A. Frisch Revocable Trust dated August 26, 2013, Fruth Legacy Farms, LLC, G & A Farms, an Ohio Partnership, James R. Gerken, Joann M. Gerken, Anita C. Gerkens, Edward Gobrogge, Helen Gobrogge, Leroy Gobrogge, Margaret L. Gobrogge, Henry W. Godeke, Patricia A. Godeke, Anita L. Gosche, Cyril G. Gosche, Joseph C. Gosche, Mary Ellen Gosche, Judith K. Goshe, Edward N. Goshe, Jr., Cathy S. Groll, Lee E. Groll, John D. Hampshire, Hancock-Wood Electric Cooperative, Inc., Herbert Harpster, Mary M. Harpster, Jewell A. Hemminger, Benedict L. Heydinger, Valerie A. Heydinger, Gary L. Holman, Sheryl K. Holman, Bernice Louise Holman, Trustee of the Bernice Louise Holman Revocable Living Trust dated 9/17/2009, Holmstead Farms, LLC, Charles D. Hornish, Denise M. Hornish, Lois E. Hornish, Phillip L. Hornish, Jean A. Hornish, Trustee of the Hornish Living Trust dated August 15, 2002, Jenny L. Hornish, Trustee of the Jenny L. Hornish Trust dated November 18, 1992, Thomas L. Hornish, Trustee of the Thomas L. Hornish Trust dated november 18, 1992, Harold L Hornish, Trustees of the Hornish Living Trust Dated August 15, 2002, Huntington Bancshares Incorporated, Debra A. Imbrock, Dena R. Imbrock, Loretta M. Imbrock, Mark A. Imbrock, Marvin M. Imbrock, Michael M. Imbrock, Jackie A. Jacoby, James A. Jacoby, Joseph Jaskowiak, Rebecca S. Jaskowiak, Darla K. Jones, KNG Energy, Inc., Benjamin J. Kelbley, Jolene R. Kelbley, Kelbley Farms, LLC, James D. Kelby, Jane M. Kelby, Sherri K. Kelly, Edward E. Kirgis, Kevin P. Kirgis, Kim E. Kirgis, Sherri Klingshirn, Trustee of Hardy Family Trust U/A dated September 30, 2015, Gavin L. Koehler, Lee J. Koehler, Sandra K. Koehler, L R & J Family Farms II Ltd., Jeffrey A. Lang, Sandy M. Lang, Joseph P. Lause, Martha J. Lause, Anthony A. Lause, Trustee of the Anthony A. Lause Trust dated April 22, 2004, Carol A. Linn, Lyle M. Linn, Gerald F. Lowery, Harold Joseph Lowery, James Alan Lowery, Joanne L. Lowery, Marlene Kay Lowery, Frederick O. Maassel, Donna McManus, Tony McManus, Gerald D. Meyer, Jo Anne Meyer, Trustee of the Jo Anne Meyer Revocable Trust dated 01/13/2000, Mary R. Milazzo, Timothy C. Milazzo, Tamara S. Miller, Timothy N. Miller, Rebecca S. Miller, Trustee, Robert H. Monroe, Trustee of the Monroe Family Trust dated August 16, 2007, Robert H. Monroe, Trustee of the Monroe Farm Trust, dated 08/16/2007, Delbert L. Morter, Trustee of the Delbert L. Morter Revocable Living Trust dated 4/11/02, Donna L. Morter, Trustee of the Donna L. Morter Revocable Living Trust dated 4/11/02, Mutual Oil & Gas Co., Lavina A. Nickels, Trustee of the Lavina A. Nickels Trust under Declaration of Trust and Agreement dated 11/24/2014, Melvin F. Nickels, Trustee of the Melvin F. Nickels Trust under Declaration of Trust and Agreement dated 11/24/2014, Gregory D. Nofziger, Trustee, Norfolk Southern Railway Company, North Central Electric Cooperative, Inc., North Central Farm Bureau Electric Cooperative, Inc., North Coast Gas Transmission LLC, North Western Electric Cooperative, Inc., Valeria V. Nye, Debra A. Oberhaus, Linda H. Oberhaus, Lowell L. Oberhaus, Mark A. Oberhaus, Ohio Central Telephone Corporation, Ohio Gas Company, Ohio Power Company, Marcella D. Ordway, Wallace J. Ordway, Mary Loree Pahl, Panhandle Eastern Pipe Line Company, Penn Central Corporation, Dale A. Peter, Sharon A. Peter, Chester Phillips, Susan K. Phillips, Dona L. Powell, Dona Powell, Helen M. Powell, John Powell, Kenneth E. Powell, Steve Powell, Steven M. Powell, RJ Carpenter Family Limited Partnership, Dorothy R. Reinhart, Robert J. Reinhart, Reserve Energy Exploration Company, Elizabeth M. Rettig, Trustee of the Elizabeth M. Rettig Living Trust Agreement dated 1/14/2010, Robert L. Rettig, Trustee of the Robert R. Rettig Living Trust Agreement dated 1/14/2010, Debra A. Rhamy, James Ronald Rickenberg, Janet Kay Rickenberg, Valerie Rickenberg, Rinebold Farm LLC, Brian D Rohrs, Trustee under the Revoable Trust Agreement of Brian D. Rohrs dated 3/10/11 and amended 11/16/04, Rita Arend Rohrs, Trustee under the Revocable Trust Agreement of Rita Arend Rohrs dated 3/10/00 and amended 11/16/04, Homer Edward Rudy, Judy A. Ryan, Trustee of the Judy A. Ryan Trust u/a dated February 14, 2013, Dennis C. Ryan, Trustee of the Judy A. Ryan Trust u/a dated February 14. 2013, Saddlewood, LLC, Charles P. Schilling, Patricia A. Schilling, Robert J. Schilling, Evelyn Hornish Schlosser, Trustee of the Evelyn Hornish Schlosser Revocable Living Trust Dated 2/27/09, Kenneth J. Schroth, Trustee of the Kenneth J. Schroth Trust Agreement Dated December 13, 1999, Marie A. Schroth, Trustee of the Kenneth J. Schroth Trust Agreement dated December 13, 1999, Carol Schubert, Trustee of the Schubert Living Trust-Marital Trust, Alan D. Sheidler, Sara A. Sheidler, Sheldon Scott Family Farms, LLC, Shiff Family Limited Partnership, Brenda K. Short, Trustee, Carol A. Smith, Elaine S. Smith, Gary L. Smith, Gregory P. Smith, James P. Smith, Mark A. Smith, Mary A. Smith, Steven G. Smith, James P. Smith, Co-Trustee of Ruth L. Smith Revocable Trust dated 9/19/1997, Jane E. Smith, Trustee of the Smith Revocable Living Trust dated July 11, 2007, William V. Smith, Trustee of the Smith Revocable Living Trust dated July 11, 2007, Steven G. Smith, Trustee of the Steven G. Smith Revocable Trust dated March 24, 2006, as restated April 27, 2009, Gary L. Smith, as trustee of the Gary L. Smith Trust dated April 6, 1996, or his Successor, Violet Sue Souvenier fka Violet Sue Rader, Martha J. Spitler, Patty J. Stearns, Successor Trustee of the Jack L. Stearns Declaration of Trust, Patty J. Stearns, Trustee of the Patty J. Stearns Declaration of Trust, Jane M. Stearns, Trustee of the Stearns Family Trust, Kenneth A. Stearns, Trustee of the Stearns Family Trust, Michael J. Stearns, Trustee of the Trust Agreement of Michael J. Stearns dated March 30, 2007, David Steinberger, Karl J Steinberger, Patricia A. Steinberger, Ruth E. Steinberger, William P. Stockman, Sutton Bank, The Black Swamp Conservancy, The Chase National Bank of the City of New York, The Corn City State Bank, The Croghan Colonial Bank, The Family Trust of Arthur C. Hall and Lesta K. Hall dated October 28, 1999, The Farmers & Merchants State Bank, The Hamler State Bank, The Home Savings and Loan Company of Youngstown, Ohio, The Ohio Bell Telephone Company, The Prospect Company, The Standard Oil Company, The State Bank and Trust Company, The Toledo Edison Company, The Unknown Heirs of Charles Westrick, Deceased, The Unknown Heirs of Donelda Wilhelm, Deceased, The Unknown Heirs of Evelyn Mack, Deceased, The Unknown Heirs of Geraldine Goon, Deceased, Tiffin Masonic Real Estate, Inc., Toledo Edison Company, Tricounty Rural Electric Cooperative, Inc., Barbara Ann Turley, Christopher J. Turley, United Telephone Company of Ohio, Henry E. Vosz, Suanne K. Vosz, Amy K. Wagner, Carla S. Wagner, Jeffrey D. Wagner, Mark S. Wagner, Thomas A. Waldock, Trustee of the Trust Agreement of Thomas A. Waldock dated September 15, 2011, Renee Wenzinger, West Millgrove Gas Company, Gary Wiens, Sheila Wiens, Heidi R. Wilhelm, Ryan W. Wilhelm, William Wilhelm, Holly L. Wilhelm aka Holly L. Smith, Donna J. Wise, Jerry E. Wise, Linda Wise, Thoma L. Wise, Gary E. Woltmann, Shirley J. Woltmann, Terry L. Woltmann, Janice E. Zellner, Bonnie S. Ziegler, Trustee of the Mark E. Ziegler and Bonnie S. Ziegler Revocable Trust dated 1/30/2006, Mark E. Ziegler, Trustee of the Mark E. Ziegler and Bonnie S. Ziegler Revocable Trust dated 1/30/2006. Filing fee paid $ 400, Receipt number 0647-8013589. Filed by Rover Pipeline LLC. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A - Parent Tracts, #3 Exhibit B - Certificate, #4 Exhibit C - Route) (Brunton, Gregory) |
| Party John Powell, Steve Powell, Dona Powell, Kenneth E. Powell, Helen M. Powell, William Wilhelm, Heidi R. Wilhelm, Holly L. Wilhelm aka Holly L. Smith, Mary Loree Pahl, Ryan W. Wilhelm, Joseph P. Lause and Martha J. Lause added. filed by Rover Pipeline LLC. (Brunton, Gregory) |
| Party Christopher J. Turley, Valeria V. Nye, Patty J. Stearns, Successor Trustee of the Jack L. Stearns Declaration of Trust, Patty J. Stearns, Trustee of the Patty J. Stearns Declaration of Trust, Michael J. Stearns, Trustee of the Trust Agreement of Michael J. Stearns dated March 30, 2007, Thomas A. Waldock, Trustee of the Trust Agreement of Thomas A. Waldock dated September 15, 2011, Robin L. Bresler, West Millgrove Gas Company, Buckeye Pipe Line Company, LP, Kenneth A. Stearns, Trustee of the Stearns Family Trust, Jane M. Stearns, Trustee of the Stearns Family Trust, Anita C. Gerkens, D & H Oil, LLC, RJ Carpenter Family Limited Partnership, Violet Sue Souvenier fka Violet Sue Rader and Renee Wenzinger added. filed by Rover Pipeline LLC. (Brunton, Gregory) |
| Party Anthony A. Lause, Trustee of the Anthony A. Lause Trust dated April 22, 2004, Steven M. Powell, Dona L. Powell, Hilda R. Durliant, Trustee of the Floyd J. and Hilda R. Durliant Living Trust dated July 18, 1993-Nonmarital Share Trust, Timothy S. Behrman, Marty A. Behrman, Robert L. Feehan, Mary D. Feehan, Dennis C. Ryan, Trustee of the Judy A. Ryan Trust u/a dated February 14. 2013, Judy A. Ryan, Trustee of the Judy A. Ryan Trust u/a dated February 14, 2013, Luann C. Flowers, Trustee of the Luann C. Flowers Revocable Trust dated February 11, 2014, Delbert H. Behrman, Trustee of the Angela L. Richardson Trust dated July 28, 2005, Lorna I. Behrman, Trustee of the Angela L. Richardson Trust dated July 28, 2005, James F. Flowers and Susan M. Flowers added. filed by Rover Pipeline LLC. (Brunton, Gregory) |
| Party Chester Phillips, Susan K. Phillips, The Corn City State Bank, Gary E. Woltmann, Terry L. Woltmann, Ohio Central Telephone Corporation, KNG Energy, Inc., Sherri K. Kelly, Melvin F. Nickels, Trustee of the Melvin F. Nickels Trust under Declaration of Trust and Agreement dated 11/24/2014, Lavina A. Nickels, Trustee of the Lavina A. Nickels Trust under Declaration of Trust and Agreement dated 11/24/2014, Dennis Bostelman, Debra A. Imbrock, Dena R. Imbrock, Mark A. Imbrock, Michael M. Imbrock, Darla K. Jones, Marvin M. Imbrock, Loretta M. Imbrock, Tricounty Rural Electric Cooperative, Inc., Darrell L. Botjer, Donald Botjer, Thomas L. Hornish, Trustee of the Thomas L. Hornish Trust dated november 18, 1992, Jenny L. Hornish, Trustee of the Jenny L. Hornish Trust dated November 18, 1992, The Hamler State Bank, James Ronald Rickenberg, Valerie Rickenberg, Donna McManus, Tony McManus, Janet Kay Rickenberg, Sheila Wiens, Gary Wiens, Frederick O. Maassel, Leroy Gobrogge, Margaret L. Gobrogge and First Federal Bank of the Midwest added. filed by Rover Pipeline LLC. (Brunton, Gregory) |
| Party AT&T Corp., Huntington Bancshares Incorporated, Clark N. Emmons, Farm Credit Services of America, FLCA, Neree D. Emmons, Geraldine M. Emmons, Gary L. Smith, as trustee of the Gary L. Smith Trust dated April 6, 1996, or his Successor, Charles P. Schilling, Ohio Power Company, North Central Electric Cooperative, Inc., L R & J Family Farms II Ltd., Nathan E. Burns, Gretta L. Burns, Citibank, N.A., Barbara Ann Turley, Reserve Energy Exploration Company, Hancock-Wood Electric Cooperative, Inc., Henry W. Godeke, Patricia A. Godeke, Crossroads Pipeline Company, James R. Gerken, Joann M. Gerken, Shirley J. Woltmann and Debra A. Rhamy added. filed by Rover Pipeline LLC. (Brunton, Gregory) |
| Party Homer Edward Rudy, Panhandle Eastern Pipe Line Company, The State Bank and Trust Company, The Farmers & Merchants State Bank, Wallace J. Ordway, Marcella D. Ordway, Timothy N. Miller, Tamara S. Miller, CSX Transportation, Inc., Henry E. Vosz, Suanne K. Vosz, North Western Electric Cooperative, Inc., Saddlewood, LLC, Brenda K. Short, Trustee, Gregory D. Nofziger, Trustee and The Ohio Bell Telephone Company added. filed by Rover Pipeline LLC. (Brunton, Gregory) |
| Party Edward Gobrogge, Helen Gobrogge, Mark A. Oberhaus, Debra A. Oberhaus, Lowell L. Oberhaus, Linda H. Oberhaus, Robert L. Rettig, Trustee of the Robert R. Rettig Living Trust Agreement dated 1/14/2010, Elizabeth M. Rettig, Trustee of the Elizabeth M. Rettig Living Trust Agreement dated 1/14/2010, Donald E. Eberle, Joyce Eberle, Steven W. Eberle, Desgranges Brothers, Inc., Lee E. Groll, Cathy S. Groll, William P. Stockman, Deborah S. Feichtner f/k/a Deborah S. Tuck, United Telephone Company of Ohio, Edward E. Kirgis, Kevin P. Kirgis, Kim E. Kirgis, Gerald J. Bumb, Shirley A. Bumb, AgCredit, Agricultural Credit Association, G & A Farms, an Ohio Partnership, Exelon Wind, LLC, The Family Trust of Arthur C. Hall and Lesta K. Hall dated October 28, 1999, Kim D. Brause, Herbert Harpster, Mary M. Harpster, John D. Hampshire, Terri L. Brown, Robert H. Monroe, Trustee of the Monroe Family Trust dated August 16, 2007, Lyle M. Linn and Carol A. Linn added. filed by Rover Pipeline LLC. (Brunton, Gregory) |
| Party Lee J. Koehler, Sandra K. Koehler, Gavin L. Koehler, Mark E. Ziegler, Trustee of the Mark E. Ziegler and Bonnie S. Ziegler Revocable Trust dated 1/30/2006, Bonnie S. Ziegler, Trustee of the Mark E. Ziegler and Bonnie S. Ziegler Revocable Trust dated 1/30/2006, Benedict L. Heydinger, Valerie A. Heydinger, The Black Swamp Conservancy, Janice E. Zellner, Luann K. Brodman, David L. Brodman, Mark S. Wagner, Amy K. Wagner, James A. Jacoby, Jackie A. Jacoby, The Croghan Colonial Bank, The Home Savings and Loan Company of Youngstown, Ohio, Jeffrey D. Wagner, Carla S. Wagner, Ronald P. Frisch, Trustee of the Ronald P. Frisch and Patty A. Frisch Revocable Trust dated August 26, 2013, Patty A. Frisch, Trustee of the Ronald P. Frisch and Patty A. Frisch Revocable Trust dated August 26, 2013, Sutton Bank, Martha J. Spitler, Mutual Oil & Gas Co., Downs Farms, an Ohio Partnership, Delbert L. Morter, Trustee of the Delbert L. Morter Revocable Living Trust dated 4/11/02, Donna L. Morter, Trustee of the Donna L. Morter Revocable Living Trust dated 4/11/02, Brundage Farm, North Central Farm Bureau Electric Cooperative, Inc., Robert H. Monroe, Trustee of the Monroe Farm Trust, dated 08/16/2007, Thoma L. Wise, Donna J. Wise, Edward A. Daniel, Erick J. England, Nichole E. England, Roger A. Daniel, Melissa A. Daniel, Norman L. Daniel, Donna M. Daniel, Frank D. Bugner, Continental Cablevision, Inc., Donald J. Daniel, Jo Anne Meyer, Trustee of the Jo Anne Meyer Revocable Trust dated 01/13/2000, Jerry E. Wise, Linda Wise, Gerald D. Meyer, Federal Land Bank Association of Fostoria, FLCA, Sheldon Scott Family Farms, LLC and Donan Farms, LLC added. filed by Rover Pipeline LLC. (Brunton, Gregory) |
| Party Rover Pipeline LLC, Rover Pipeline LLC, Lois E. Hornish, Harold L Hornish, Trustees of the Hornish Living Trust Dated August 15, 2002, Jean A. Hornish, Trustee of the Hornish Living Trust dated August 15, 2002, Ohio Gas Company, Toledo Edison Company, The Chase National Bank of the City of New York, Evelyn Hornish Schlosser, Trustee of the Evelyn Hornish Schlosser Revocable Living Trust Dated 2/27/09, Sherri Klingshirn, Trustee of Hardy Family Trust U/A dated September 30, 2015, The Unknown Heirs of Evelyn Mack, Deceased, The Unknown Heirs of Donelda Wilhelm, Deceased, The Unknown Heirs of Geraldine Goon, Deceased and The Unknown Heirs of Charles Westrick, Deceased added. filed by Rover Pipeline LLC. (Brunton, Gregory) |
| Party Benjamin J. Kelbley, Jolene R. Kelbley, Kelbley Farms, LLC, Robert J. Schilling, Patricia A. Schilling, Alan D. Sheidler, Sara A. Sheidler, Ruthee A. Dewald, Carol Schubert, Trustee of the Schubert Living Trust-Marital Trust, Fruth Legacy Farms, LLC, Bascom Mutual Telephone Company, Rebecca S. Miller, Trustee, Robert G. Dewald, Trustee of the Robert G. Dewald Trust per instrument dated October 3, 2007, Cyril G. Gosche, Anita L. Gosche, Mary Ellen Gosche, Joseph C. Gosche, Robert L. Cobb, Martha K. Cobb, Julia A. Burns, Tammy S. Cobb, Robert L. Cobb, II, David E. Cassidy, Kristi M. Cassidy, Jewell A. Hemminger, Air Energy TCI, Inc., Burns Family Farms, LLC, David B. Fitzpatrick, Sandra L. Fitzpatrick, Holmstead Farms, LLC, Bernice Louise Holman, Trustee of the Bernice Louise Holman Revocable Living Trust dated 9/17/2009, Gary L. Holman, Sheryl K. Holman, Edward N. Goshe, Jr., Judith K. Goshe, Sandy M. Lang, Jeffrey A. Lang, Penn Central Corporation, Dale A. Peter, Sharon A. Peter, North Coast Gas Transmission LLC, Douglas E. Coppus, Bullfrog 430, LLC, Robert J. Reinhart, Dorothy R. Reinhart, Shiff Family Limited Partnership, Rinebold Farm LLC, Gerald F. Lowery, Joanne L. Lowery, Marlene Kay Lowery, James L. Elchert, Joyce A. Elchert, Joseph Jaskowiak, Rebecca S. Jaskowiak, James Alan Lowery and Harold Joseph Lowery added. filed by Rover Pipeline LLC. (Brunton, Gregory) |
| Party William V. Smith, Trustee of the Smith Revocable Living Trust dated July 11, 2007, Jane E. Smith, Trustee of the Smith Revocable Living Trust dated July 11, 2007, Kenneth J. Schroth, Trustee of the Kenneth J. Schroth Trust Agreement Dated December 13, 1999, Marie A. Schroth, Trustee of the Kenneth J. Schroth Trust Agreement dated December 13, 1999, Tiffin Masonic Real Estate, Inc., The Standard Oil Company, Linda R. Burn, Co-Trustee of Ruth L. Smith Revocable Trust dated 9/19/1997, James P. Smith, Co-Trustee of Ruth L. Smith Revocable Trust dated 9/19/1997, Steven G. Smith, James P. Smith, Franklin Gas & Oil Co., Steven G. Smith, Trustee of the Steven G. Smith Revocable Trust dated March 24, 2006, as restated April 27, 2009, The Prospect Company, Columbia Gas Transmission, LLC, Mary Ruth Frisch, Mark A. Smith, Gary L. Smith, Carol A. Smith, Gregory P. Smith, Buckeye Production Credit Association, James D. Kelby, Jane M. Kelby, Mary A. Smith, Jeffery L. Fox, Justine G. Fox, Timothy C. Milazzo, Mary R. Milazzo, Elaine S. Smith, Michael A. Cook, Andrea J. Cook and Citigroup, Inc. added. filed by Rover Pipeline LLC. (Brunton, Gregory) |
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