LOOKOUT WINDPOWER HOLDING COMPANY, LLC et al v. EDISON MISSION ENERGY et al
| LOOKOUT WINDPOWER HOLDING COMPANY, LLC and FREESTREAM CAPITAL, LLC |
| EDISON MISSION ENERGY, MISSION WIND PENNSYLVANIA, INC., MISSION WIND PA TWO, INC., MISSION WIND PA THREE, INC. and LOOKOUT WINDPOWER, LLC |
| 3:2009cv00104 |
| April 17, 2009 |
| US District Court for the Western District of Pennsylvania |
| Johnstown Office |
| Somerset |
| Kim R. Gibson |
| Plaintiff |
| 28 U.S.C. ยง 1332 Diversity-Contract Dispute |
| Plaintiff |
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Filing
113
MEMORANDUM OPINION AND ORDER - it is hereby Ordered that Defendant's motion (Doc. No. 103 ) is GRANTED IN PART (as to the preliminary injunction) and DENIED IN PART (as to the TRO). Pursuant to Rule 65(a), it is hereby Ordered that a prelimina ry injunction is issued enjoining the sale of Plaintiffs' security interest in the Lookout wind project. This injunction shall apply to the parties, the parties' officers, agents, servants, employees, and attorneys, and other persons who a re in active concert or participation with any of these individuals. This injunction does not in any way affect the claims or defenses Plaintiffs may assert in this cause of action. It is further Ordered that Defendants shall post a bond of $1 0,507,000 within fourteen (14) days of the date of this Order. This preliminary injunction is effective immediately and in no way depends upon the bond being posted prior to the time of the proposed sale, and as more fully stated in said Memorandum Opinion and Order. Signed by Judge Kim R. Gibson on 8/19/2010. (dlg)
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Filing
69
MEMORANDUM OPINION AND ORDER granting 10 Motion to Dismiss. Counts IV, V, VI, and VII of the Complaint are dismissed without prejudice to Plaintiffs' filing an amended complaint within 20 days with respect to these counts only, and as more fully stated in said Memorandum Opinion and Order. Signed by Judge Kim R. Gibson on 5/17/2010. (dlg)
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