USA v. AL Power Company, et al
| United States of America |
| Alabama Power Company, CMS Energy, Ameren Corporation and Babcock Power Inc. |
| Ameren Energy Generating Company, Ameren Energy Resources Generating Company, Electric Energy, Inc. and Union Electric Company d/b/a Ameren UE |
| Alabama Environmental Council |
| 2:2001cv00152 |
| January 12, 2001 |
| US District Court for the Northern District of Alabama |
| Southern Office |
| Annemarie Carney Axon |
| Environmental Matters |
| 42 U.S.C. § 7413 (b) Clean Air Act |
| None |
Docket Report
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This docket was last retrieved on April 28, 2022. A more recent docket listing may be available from PACER.
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Filing 405
ORDER - The court GRANTS Defendant Alabama Power Company's consent motion to terminate the modified consent decree. Signed by Judge Annemarie Carney Axon on 4/28/2022. (KEK)
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Minute Entry for proceedings held before Judge Annemarie Carney Axon: Telephone Conference held on 4/28/2022. Present: Grady Moore, Marirose Pratt, and David Rosskam. Written order to follow. (SAC)
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Filing 404
TEXT ORDER - The court sets a Telephone Conference for April 28, 2022, 1:45 PM, before Judge Annemarie Carney Axon. Counsel will receive the numbers needed to join the call by e-mail. Signed by Judge Annemarie Carney Axon on 4/21/22. (SAC)
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Filing 403
MOTION for Termination of the Modified Consent Decree by Alabama Power Company. (Moore, Carl)
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Filing 402
NOTICE OF REASSIGNMENT - The above-styled civil action has been reassigned to the Honorable Annemarie Carney Axon. Please use case number 2:01-cv-152-ACA on all subsequent pleadings. (KEK)
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Filing 401
NOTICE of Appearance by Carl Grady Moore, III on behalf of Alabama Power Company (Moore, Carl)
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Filing 400
ORDER MODIFYING CONSENT DECREE. Signed by Judge Virginia Emerson Hopkins on 8/24/2015. (AVC)
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Filing 399
ORDER granting #398 Motion to Enter Modified Consent Decree. Signed by Judge Virginia Emerson Hopkins on 8/24/2015. (AVC)
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Filing 398
MOTION to Enter Modified Consent Decree by United States of America. (Attachments: #1 Exhibit Proposed Order)(Beers, James)
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Filing 397
NOTICE by United States of America of Lodging of Joint Stipulation to Modify Consent Decree (Attachments: #1 Exhibit Proposed Joint Stipulation to Modify Consent Decree)(Beers, James)
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Filing 396
MEMORANDUM OPINION AND ORDER DENYING #386 MOTION to Vacate Final Orders and Judgment for reasons set out herein. Signed by Judge Virginia Emerson Hopkins on 2/5/2014. (JLC)
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Filing 395
MANDATE of USCA as to #380 Notice of Appeal filed by United States of America. (Attachments: #1 Judgment)(JLC)
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Filing 394
ORDER of USCA before Circuit Judge Rosemary Barkett GRANTING Appellant's Motion to file second supplemental expanded record excerpts (correcting prior excerpts) re #380 Notice of Appeal filed by United States of America. (JLC)
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Filing 393
NOTICE by Alabama Power Company re #392 Notice (Other) Notice of Legal Authority Regarding United States' Proffer of Legal Opinions (Freeman, Michael)
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Filing 392
NOTICE by United States of America of Proffer (Attachments: #1 Exhibit 1)(Beers, James)
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Filing 391
MOTION to clarify that Plaintiff May File Reply in Support of Motion for Vacatur and Recusal by United States of America. (Attachments: #1 Exhibit 1)(Beers, James)
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Filing 390
RESPONSE in Opposition re #386 MOTION to Vacate Final Orders and Judgment filed by Alabama Power Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9)(Gidiere, P)
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ORDER denying #391 Motion to Clarify. The pending motion is not a potentially dispositive motion, and the court is perplexed that anyone would call it that. A dispositive motion is a motion that decides, that is, finally determines, a case. The motion that is now pending before the court asks the undersigned judge to recuse herself (that is, remove herself from the case) and to vacate (that is, nullify) the prior final judgment order that the EPA agreed necessarily resulted from the court's decision to exclude the EPA's experts' opinions as litigation-based rather than scientifically based. That decision, which was itself greatly influenced by a decision of the Seventh Circuit Court of Appeals (Posner, J.) as to the same methodology and EPA experts, is currently on appeal to the Eleventh Circuit Court of Appeals.If the pending motion is granted, the case will not be finally decided. In fact, the now-decided case would become undecided. As the parties well know, if the pending motion is granted, Alabama Power's Motion to Exclude (EPA's experts' opinions) and the various cross motions for summary judgment that were extensively briefed and argued, with an evidentiary hearing, would need to be decided, just by a different district court judge than the undersigned judge. Those motions, unlike the pending motion, are potentially dispositive motions.Further, as the parties know, there is no right to file a reply brief; indeed, reply briefs are not even contemplated by the Rules of Civil Procedure.The court's prior order was clear. The matter is under submission. Signed by Judge Virginia Emerson Hopkins on 4/9/2012. (Hopkins, Virginia)
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Filing 389
NOTICE by United States of America re #386 MOTION to Vacate Final Orders and Judgment of Supplemental Authority (Attachments: #1 Exhibit 1)(Lofton, James)
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ORDER granting #388 Motion to Substitute Attorney. Attorney Lloyd C Peeples, III terminated. Signed by Judge Virginia Emerson Hopkins on 3/1/12. (ACW)
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Filing 388
MOTION to Substitute Attorney by United States of America. (Peeples, Lloyd)
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ORDER granting #387 (unopposed) Motion for Briefing Schedule. Alabama Power shall have until April 9, 2012, to file a response to the Motion #386 . The Motion will then be under submission. Signed by Judge Virginia Emerson Hopkins on 2/27/2012. (Hopkins, Virginia)
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Filing 387
MOTION Briefing Schedule re #386 MOTION to Vacate Final Orders and Judgment by Alabama Power Company. (Freeman, Michael)
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Filing 386
MOTION to Vacate Final Orders and Judgment by United States of America. (Attachments: #1 Memorandum in Support, #2 Exhibit 1, #3 Exhibit 1A, #4 Exhibit 1B, #5 Exhibit 2, #6 Exhibit 3, #7 Exhibit 4, #8 Exhibit 5, #9 Exhibit 5A, #10 Exhibit 5B, #11 Exhibit 6, #12 Exhibit 7, #13 Exhibit 8, #14 Exhibit 9, #15 Exhibit 10, #16 Exhibit 11, #17 Exhibit 12, #18 Exhibit 13, #19 Exhibit 14, #20 Exhibit 15, #21 Exhibit 16, #22 Exhibit 17, #23 Exhibit Index)(Lofton, James)
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Filing 385
ORDER notice of disclosure of sale of shares. Signed by Judge Virginia Emerson Hopkins on 1/17/12. (SAC, )
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Pursuant to F.R.A.P. 11(c), the Clerk of the District Court for the Northern District of Alabama certifies that the record is complete for purposes of this appeal re: #379 Notice of Appeal, #380 Notice of Appeal; Appeal No. 11-12000-C, 11-12168-C; The entire record on appeal is available electronically. (BST)
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Filing 384
TRANSCRIPT REQUEST by United States of America. (McLane, Bradford)
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Filing 383
TRANSCRIPT REQUEST by Alabama Environmental Council (Rogers, Gilbert)
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Filing 382
USCA Case Number 11-12000-C for #380 Notice of Appeal filed by United States of America. (BST, )
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Filing 381
USCA Case Number 11-12168-C and Notification for #379 Notice of Appeal filed by Alabama Environmental Council. (JLC, )
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Filing 380
NOTICE OF APPEAL as to #378 Order Dismissing Case, #375 Memorandum Opinion, #376 Memorandum Opinion by United States of America. (Beers, James) Modified on 5/12/2011 (JLC, ).
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Transmission of Notice of Appeal, Memorandum Opinions, Order and Docket Sheet to US Court of Appeals re #380 Notice of Appeal. (JLC, )
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Transmission of Notice of Appeal, Memorandum Opinions, Order and Docket Sheet to US Court of Appeals re #379 Notice of Appeal. (JLC, )
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Filing 379
NOTICE OF APPEAL by Alabama Environmental Council. Filing fee $455.00, Credit Card receipt number 1126-1394174, Clerk's Office receipt #B4601022885. (Holman, J) Modified on 5/11/2011 (JLC, ).
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Filing 378
FINAL JUDGMENT ORDER DISMISSING CASE WITH PREJUDICE; For the reasons explained in the accompanying Memorandum Opinions, Alabama Powers Motion to Strike isGRANTED and Alabama Powers Motion in Limine insofar as it relates to Sahu andMr. Robert H. Koppe (Koppe) is GRANTED. Signed by Judge Virginia Emerson Hopkins on 3/14/2011. (JLC, )
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Filing 377
MOTION for Leave to File Reply to Defendant's March 4, 2011 Brief by United States of America. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Beers, James)
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Filing 376
MEMORANDUM OPINION re Alabama Powers Motion to Strike. Signed by Judge Virginia Emerson Hopkins on 3/14/2011. (JLC, )
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Filing 375
MEMORANDUM OPINION re Alabama Powers Motion in Limine relating to Koppe and Sahu. Signed by Judge Virginia Emerson Hopkins on 3/14/2011. (JLC, )
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Filing 373
NOTICE by United States of America of Filing Evidentiary Material (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2)(Beers, James)
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Filing 372
Brief on Admissibility of Direct Testimony of U.S. Expert Mr. Michael Hekking in Cinergy Trial. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Gidiere, P)
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Filing 371
Brief - Plaintiff United States' Supplemental Filing Addressing Matters as Directed by the Court at the February 18, 2011 Daubert Hearing. (McLane, Bradford)
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Filing 370
CORRECTED Transcript of Proceedings held on 2/18/2011, before Judge Virginia Emerson Hopkins. Court Reporter/Transcriber Margaret Wasmund, RMR,CRR, Telephone number (601) 329-6113. 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. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court forms/transcripts/Transcript Redaction Policy.pdf) See Transcript Redaction Policy Redaction Request due 3/18/2011. Redacted Transcript Deadline set for 3/28/2011. Release of Transcript Restriction set for 5/26/2011. (JLC, )
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Filing 369
Transcript of Motion Hearing held on 2/18/2011, before Judge Virginia Emerson Hopkins. Court Reporter/Transcriber Margaret Wasmund, Telephone number 601-329-6113. (364 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. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court forms/transcripts/Transcript Redaction Policy.pdf) See Transcript Redaction Policy Redaction Request due 3/14/2011. Redacted Transcript Deadline set for 3/24/2011. Release of Transcript Restriction set for 5/23/2011. (BST, )
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Minute Entry for proceedings held before Judge Virginia Emerson Hopkins: Evidentiary/Daubert Hearing held on 2/18/2011; govt testimony; dft testimony; arguments heard on pending motions; court adj. (Court Reporter Margaret Wasmund) (KLL, KWC)
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Filing 365
NOTICE by United States of America of Filing Statement of Evidence Under Seal (Beers, James)
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ORDER GRANTING #364 MOTION to Withdraw as Attorney. Signed by Judge Virginia Emerson Hopkins on 1/27/2011. (JLC, )
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Filing 364
MOTION to Withdraw as Attorney by Alabama Power Company. (Casey, Steven)
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ORDER GRANTING #363 SEALED MOTION filed by Alabama Power Company. Signed by Judge Virginia Emerson Hopkins on 1/25/2011. (Hopkins, Virginia)
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NOTICE of Telephonic Conference: Telephonic Conference set for TODAY, 1/25/2011, at 4:00 PM CST, before Judge Virginia Emerson Hopkins. Parties are to call (205)278-2186 (Meeting I.D. 3893), at 3:50 PM CST (10 mins prior to start of conference).(YMB)
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Minute Entry for proceedings held before Judge Virginia Emerson Hopkins: Telephone Conference held on 1/25/2011. (YMB)
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Filing 363
***FILED UNDER SEAL*** MOTION for Leave to Reply to the United States' Filing on Whether Gorgas Unit 10 is a Baseload Unit by Alabama Power Company. (JLC, )
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Filing 362
NOTICE by Alabama Power Company re #358 Notice (Other) of Filing Under Seal Motion for Leave to Reply (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Gidiere, P)
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Filing 361
NOTICE by Alabama Power Company of Witnesses for April Hearing (Gidiere, P)
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Filing 359
Evidentiary Material Ex. 1 to U.S. Response to Court's December 29, 2010 Order. (Beers, James)
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Filing 358
NOTICE by United States of America of Filing, Under Seal, Response to Court's December 29, 2010 Order (Beers, James)
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Filing 356
NOTICE by United States of America (Beers, James)
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Filing 355
ORDER GRANTING United States' request [Notice, doc. 354] for additional briefing relating to motions set for hearing February 18, 2011; setting deadlines relating thereto. Signed by Judge Virginia Emerson Hopkins on 1/11/2011. (Hopkins, Virginia)
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Filing 354
NOTICE by United States of America re #353 Order of January 10, 2011 (Hanson, Andrew)
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Filing 353
ORDER setting certain deadlines; directing clerk to terminate certain defendants. Signed by Judge Virginia Emerson Hopkins on 1/10/2011. (Hopkins, Virginia)
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Filing 357
Transcript of Proceedings held on January 5, 2011, before Judge Virginia Emerson Hopkins. Court Reporter/Transcriber Margaret Wasmund, Telephone number (601) 329-6113. 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. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court forms/transcripts/Transcript Redaction Policy.pdf) See Transcript Redaction Policy Redaction Request due 1/31/2011. Redacted Transcript Deadline set for 2/8/2011. Release of Transcript Restriction set for 4/8/2011. (JLC, )
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Minute Entry for proceedings held before Judge Virginia Emerson Hopkins: Telephone Conference held on 1/5/2011. (Court Reporter Margaret Wasmund.) (YMB)
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NOTICE of TELECONFERENCE: A follow-up Telephone Conference is set for Monday, 1/10/2011, 10:00 AM CST, before Judge Virginia Emerson Hopkins. Parties are to call (205)278-2186 (Meeting ID #3893) at 9:50 AM CST (10 mins prior to start of conference).(YMB)
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NOTICE of TELECONFERENCE: Telephone Conference set for WEDNESDAY, 1/5/2011, at 1:00 PM CST, before Judge Virginia Emerson Hopkins. Parties are instructed to call 205-278-2186 (ACCESS #3893) at 12:50 PM CST (10 mins prior to start of conference).(YMB)
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Filing 352
ORDER that the Hearing scheduled for January 18, 19, and 20, 2011, is hereby CANCELLED. A hearing will be held on Friday, February 18, 2011, beginning at 8 a.m., in Courtroom 6A of the Hugo Black United States Courthouse, Birmingham,Alabama on the Motions set out herein. A Hearing on all other pending motions is scheduled for April 8, 2011, beginning at 9 a.m., in Courtroom 6A of the Hugo Black United States Courthouse, Birmingham, Alabama. The Final Pretrial Conference previously scheduled in this case is RESET to Friday, August 5, 2011, beginning at 10:00 a.m,in Hugo L Black US Courthouse, Birmingham, AL before Judge Virginia Emerson Hopkins. Signed by Judge Virginia Emerson Hopkins on 1/3/2011. (JLC, )
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NOTICE of Telephone Conference: A follow-up Telephonic Conference is set for TODAY, 1/3/2011, at 1:00 PM CST before Judge Virginia Emerson Hopkins. Parties are instructed to call 205-278-2186 (ACCESS #3893) at 12:50 PM CST (10 mins prior to start of conference)(YMB)
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Minute Entry for proceedings held before Judge Virginia Emerson Hopkins: Follow-up Telephone Conference held on 1/3/2011 re hearings on all pending motions. Written order to follow. (YMB)
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Minute Entry for proceedings held before Judge Virginia Emerson Hopkins: Telephone Conference re pending motions hearing held on 12/30/2010. (YMB)
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NOTICE of Teleconference: A Telephonic Status Conference set for TODAY, 12/30/2010, at 2:00 PM CST, before Judge Virginia Emerson Hopkins. Parties are instructed to call 205-278-2186 (ACCESS #3893) at 1:50 PM CST (10 mins prior to start of conference).(YMB)
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Set/Reset Hearings: Final Pretrial Conference reset for Wednesday, 7/27/2011, at 1:00 PM, 6th floor chambers, Hugo L Black US Courthouse, Birmingham, AL before Judge Virginia Emerson Hopkins. Bench Trial set for Monday, 10/3/2011, at 9:00 AM, CR 6A, Hugo L Black US Courthouse, Birmingham, AL before Judge Virginia Emerson Hopkins. (YMB)
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Filing 351
ORDER setting deadline for Plaintiffs' position regarding Gorgas Unit 10 as it relates to #292 Motion in Limine. Signed by Judge Virginia Emerson Hopkins on 12/29/2010. (Hopkins, Virginia)
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ORDER: Hearing re ALL PENDING MOTIONS is set to begin on Tuesday, 1/18/2011, at 9:00 AM, Courtroom 6A, Hugo L Black US Courthouse, Birmingham, AL before Judge Virginia Emerson Hopkins. The hearing is anticipated to last up to 3 days. Signed by Judge Virginia Emerson Hopkins on 12/28/10. (YMB)
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Filing 344
NOTICE by United States of America of Filing Under Seal Its Reply Memorandum in Support of Its Motion In Limine to Exclude Expert Report and Testimony of Dr. Larry Monroe and Exhibits in Support Thereof (McLane, Bradford)
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Filing 343
NOTICE by United States of America of Filing Under Seal Its Reply Memorandum in Support of Its Motion In Limine to Exclude Portions of the Expet Report and Testimony of Jerry Golden and Exhibits in Support Thereof (McLane, Bradford)
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Filing 341
NOTICE by United States of America of Filing, Under Seal, Exhibits to Plaintiff's Reply Brief in Support of its Motion In Limine to Exclude Legal Analysis and Opinions in the Expert Report and Related Testimony of Kenneth N. Weiss (McLane, Bradford)
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Filing 340
Evidentiary Material re: #287 MOTION for Summary Judgment on the Demand Growth Exclusion. (Attachments: #1 Supplement Appendix B, #2 Supplement Appendix C)(Hanson, Andrew)
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Filing 339
Evidentiary Material Filed With Reply In Support of Summary Judgment On Balanced Draft Conversion of Gorgas Unit 10. (Attachments: #1 Exhibit, #2 Exhibit)(Beers, James)
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Filing 338
REPLY Brief filed by Plaintiff United States of America re: #299 MOTION in Limine to Exclude Legal Analysis and Opinions in the Expert Report and Related Testimony of Kenneth N. Weiss filed by United States of America. (McLane, Bradford)
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Filing 337
NOTICE by United States of America of Filing, Under Seal, Reply Memorandum In Support of Summary Judgment on Balanced Draft Conversion of Gorgas Unit 10 (Beers, James)
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Filing 336
NOTICE by United States of America re #288 MOTION in Limine to Exclude Alabama Power's "Capable of Accommodating/Potential-to-Actual" Emissions Analyses, #287 MOTION for Summary Judgment on the Demand Growth Exclusion of Filing Under Seal (Reply Memorandum) (Hanson, Andrew)
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Filing 334
NOTICE by Alabama Power Company re #333 Reply Brief Exhibits in Support (Attachments: #1 Exhibit 10, #2 Exhibit 11, #3 Exhibit 12, #4 Exhibit 13, #5 Exhibit 14, #6 Exhibit 15)(Gidiere, P)
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Filing 333
REPLY Brief filed by Defendant Alabama Power Company re: #284 MOTION for Partial Summary Judgment filed by Alabama Power Company. (Gidiere, P)
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Filing 332
NOTICE by United States of America of Filing Opposition to Defendant's Motion to Strike Paragraph 5 of Dr. Sahu's Declaration Under Seal (Beers, James)
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Filing 324
Evidentiary Material re: #322 Response in Opposition to Motion for Partial Summary Judgment. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13)(McLane, Bradford)
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Filing 323
NOTICE by Alabama Power Company of Filing Dispostive / Daubert Motion Responses (Gidiere, P)
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Filing 322
RESPONSE in Opposition re #284 MOTION for Partial Summary Judgment filed by United States of America. (McLane, Bradford)
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Filing 320
Evidentiary Material Exhibits in Support of Plaintiff's Opposition to Alabama Power Co.'s Motion to Exclude on Daubert Grounds. (Attachments: #1 Exhibit Ex 1, #2 Exhibit Ex 8, #3 Exhibit Ex 10, #4 Exhibit Ex 11, #5 Exhibit Ex 12 - Part 1, #6 Exhibit Ex 12 - Part 2, #7 Exhibit Ex 21, #8 Exhibit Ex 34, #9 Exhibit Ex 38 - Part 1, #10 Exhibit Ex 38 - Part 2, #11 Exhibit Ex 50)(Beers, James)
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Filing 317
NOTICE by United States of America Notice of Filing Under Seal Plaintiff's Memorandum and Exhibits in Opposition to Alabama Power Company's Motion to Exclude on Daubert Grounds (Beers, James)
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Filing 312
*** FILED UNDER SEAL *** Motion to Strike Paragraph 5 of Dr. Ranajit Sahu's Declaration and Exclude This New Opinion From Evidence by Alabama Power Company. (JLC, )
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Filing 310
RESPONSE in Opposition re #299 MOTION in Limine to Exclude Legal Analysis and Opinions in the Expert Report and Related Testimony of Kenneth N. Weiss filed by Alabama Power Company. (Gidiere, P)
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Filing 309
NOTICE by United States of America re #295 MOTION in Limine to Exclude Portions of the Expert Report and Testimony of Jerry Golden, #299 MOTION in Limine to Exclude Legal Analysis and Opinions in the Expert Report and Related Testimony of Kenneth N. Weiss, #290 MOTION in Limine to Exclude the Expected Expert Testimony of Dr. Larry Monroe, #288 MOTION in Limine to Exclude Alabama Power's "Capable of Accommodating/Potential-to-Actual" Emissions Analyses (McLane, Bradford)
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Filing 308
NOTICE by United States of America re #307 MOTION for Summary Judgment on the Balanced Draft Conversion Project on Gorgas Unit 10 : Memorandum and Exhibits in Support Filed Under Seal (McLane, Bradford)
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Filing 307
MOTION for Summary Judgment on the Balanced Draft Conversion Project on Gorgas Unit 10 by United States of America. (McLane, Bradford)
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Filing 303
Evidentiary Material re: #301 Brief, #299 MOTION in Limine to Exclude Legal Analysis and Opinions in the Expert Report and Related Testimony of Kenneth N. Weiss. (Attachments: #1 Exhibit 1: Deposition of Kenneth Weiss, #2 Exhibit 2: Expert Report of Kenneth Weiss)(McLane, Bradford)
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Filing 301
Brief re #299 MOTION in Limine to Exclude Legal Analysis and Opinions in the Expert Report and Related Testimony of Kenneth N. Weiss. (McLane, Bradford)
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Filing 299
MOTION in Limine to Exclude Legal Analysis and Opinions in the Expert Report and Related Testimony of Kenneth N. Weiss by United States of America. (McLane, Bradford)
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Filing 297
NOTICE by United States of America re #295 MOTION in Limine to Exclude Portions of the Expert Report and Testimony of Jerry Golden : Memorandum and Exhibits in Support Filed Under Seal (McLane, Bradford)
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Filing 295
MOTION in Limine to Exclude Portions of the Expert Report and Testimony of Jerry Golden by United States of America. (McLane, Bradford)
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Filing 294
Evidentiary Material re: #292 MOTION in Limine to Exclude on Daubert Grounds Unsealed Exhibits. (Attachments: #1 Exhibit 9, #2 Exhibit 10, #3 Exhibit 14, #4 Exhibit 16, #5 Exhibit 21)(Gidiere, P)
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Filing 293
Evidentiary Material re: #292 MOTION in Limine to Exclude on Daubert Grounds. (Gidiere, P)
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Filing 292
MOTION in Limine to Exclude on Daubert Grounds by Alabama Power Company. (Gidiere, P)
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Filing 291
NOTICE by United States of America re #290 MOTION in Limine to Exclude the Expected Expert Testimony of Dr. Larry Monroe : Memorandum and Exhibits in Support Filed Under Seal (McLane, Bradford)
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Filing 290
MOTION in Limine to Exclude the Expected Expert Testimony of Dr. Larry Monroe by United States of America. (McLane, Bradford)
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Filing 289
NOTICE by United States of America re #288 MOTION in Limine to Exclude Alabama Power's "Capable of Accommodating/Potential-to-Actual" Emissions Analyses, #287 MOTION for Summary Judgment on the Demand Growth Exclusion of Filing Under Seal (McLane, Bradford)
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Filing 288
MOTION in Limine to Exclude Alabama Power's "Capable of Accommodating/Potential-to-Actual" Emissions Analyses by United States of America. (McLane, Bradford)
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Filing 287
MOTION for Summary Judgment on the Demand Growth Exclusion by United States of America. (McLane, Bradford)
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Filing 286
Evidentiary Material re: #285 Brief, #284 MOTION for Partial Summary Judgment. (Attachments: #1 Exhibit 1, #2 Exhibit 3, #3 Exhibit 4, #4 Exhibit 5, #5 Exhibit 6, #6 Exhibit 8)(Gidiere, P)
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Filing 285
Brief re #284 MOTION for Partial Summary Judgment. (Gidiere, P)
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Filing 284
MOTION for Partial Summary Judgment by Alabama Power Company. (Gidiere, P)
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Filing 283
ORDER granting #281 Motion for Leave to File documents under seal. Signed by Judge Virginia Emerson Hopkins on 9/28/2010. (KAM, )
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Minute Entry for proceedings held before Judge Virginia Emerson Hopkins: Telephonic Status Conference re various pretrial matters held on 9/28/2010. (YMB)
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Filing 282
ORDER SETTING TELEPHONE CONFERENCE: Telephone Conference set for TUESDAY, 9/28/2010, at 10:00 AM CDT, before Judge Virginia Emerson Hopkins. Parties are to call (205)278-2186 (Access Code 3894) at 9:50 AM CDT (10 mins prior to start of conference). Signed by Judge Virginia Emerson Hopkins on 9/27/10. (YMB)
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Filing 281
Joint MOTION for Leave to File Documents Under Seal by United States of America. (McLane, Bradford)
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Filing 280
STIPULATION of Dismissal of Certain Claims, Counterclaims, and Defenses by United States of America. (Beers, James)
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Filing 279
ORDER GRANTING #278 Joint MOTION for Extension of Time of Certain Deadlines. Accordingly, the Court has AMENDED the Scheduling Order as set out herein. Signed by Judge Virginia Emerson Hopkins on 8/17/2010. (JLC, )
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Filing 278
Joint MOTION for Extension of Time of Certain Deadlines by Alabama Power Company. (Gidiere, P)
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Filing 277
ORDER GRANTING #276 Joint MOTION for Extension of Time to Exchange Final Witness Lists. The Courts Scheduling Order is hereby AMENDED as set out herein. Signed by Judge Virginia Emerson Hopkins on 6/14/2010. (JLC, )
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Filing 276
Joint MOTION for Extension of Time to Exchange Final Witness Lists by United States of America. (McLane, Bradford)
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Filing 275
Joint MOTION for Extension of Certain Expert Discovery Deadlines re #274 Order, Terminate Motions,,,, by United States of America. (Hanson, Andrew)
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ORDER granting #275 Joint Motion for Extension of Deadlines. Signed by Judge Virginia Emerson Hopkins on 5/14/2010. (ANG)
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Filing 274
ORDER GRANTING #273 Joint MOTION for Extension of Time for Expert Discovery as orally amended. The Courts Scheduling Order is hereby AMENDED as set out herein. Additionally, the Court will hold a hearing on Dispositive/Daubert Motions on January 17, 2011, in Courtroom 6A of the Hugo L. Black U.S. Courthouse, 1729 Fifth Avenue North, Birmingham, Alabama, beginning at 9:00 a.m. Further, the final pretrial conference is reset for Monday, June 27, 2011, in chambers of the undersigned. The parties' joint proposed pretrial order therefore is due to be received by email to chambers email of the undersigned no later than Monday, June 20, 2011, by 10 a.m.. Signed by Judge Virginia Emerson Hopkins on 3/19/2010. (JLC, )
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NOTICE of CHANGE in Hearing Date: Because 1/17/2011 is a federal holiday, the Dispositive/Daubert Motions hearing is RESET for TUESDAY, 1/18/2011, at 9:00 AM, Courtroom 6A, Hugo L Black US Courthouse, Birmingham, AL before Judge Virginia Emerson Hopkins. (YMB)
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Set/Reset Scheduling Order Deadlines: Final Pretrial Conference set for Monday, 6/27/2011, at 10:00 AM, 6th floor chambers, Hugo L Black US Courthouse, Birmingham, AL before Judge Virginia Emerson Hopkins. Expert Discovery due by 7/30/2010; Dispositive/Daubert Motions due by 8/30/2010. (YMB)
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Minute Entry for proceedings held before Judge Virginia Emerson Hopkins: Telephone Conference re scheduling matters held on 3/17/2010. (YMB)
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NOTICE of Telephonic Conference: Telephone Conference set for Friday, 3/19/2010, at 1:30 PM CDT, before Judge Virginia Emerson Hopkins. Parties are to call 205-278-2186 (access #3893) at 1:15 PM (15 mins prior to start of conference).(YMB)
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Filing 273
Joint MOTION for Extension of Expert Discovery and Adjustment of Other Deadlines by Alabama Power Company, United States of America. (Gidiere, P) Modified on 3/16/2010 (JLC, ).
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Filing 272
ORDER EXTENDING INTERIM LITIGATION DEADLINES. Except as specifically provided in this Order, all other deadlines set forth in the Courts Scheduling Order (Doc. 201) as amended (Docs. 207, 219) remain unchanged. Signed by Judge Virginia Emerson Hopkins on 2/3/2010. (JLC, )
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Filing 271
Joint MOTION for Extension of Time to Complete Discovery to Extend Certain Expert Discovery Deadlines by Alabama Power Company. (Gidiere, P)
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Filing 270
NOTICE by United States of America of FRCP 34 Inspection of Premises (Hanson, Andrew)
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Filing 269
ORDER AMENDING PROTECTIVE ORDER as set out. Signed by Judge Virginia Emerson Hopkins on 12/21/09. (ASL )
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Filing 268
MOTION to Amend Protective Order by United States of America. (Attachments: #1 Text of Proposed Order Amending Protective Order)(Hanson, Andrew) Modified on 12/18/2009 (JLC, ).
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Filing 267
ORDER AMENDING #248 Order on Alabama Power Company's #220 Motion to Compel Production of Documents on Routine Maintenance, Repair and Replacement. Signed by Judge Virginia Emerson Hopkins on 12/15/2009. (JLC, )
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Filing 266
Response to Requests for Inclusion Filed by Alstom, Babcock, Siemens and NRG by United States of America re #254 Notice, #261 Notice, #259 Notice, #265 Notice (McLane, Bradford) Modified on 12/15/2009 (JLC, ).
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PHV Fee paid for John M. Mahon, Jr. in the amount of $50.00, receipt number B4601007979. (JLC, )
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ORDER granting #262 Motion for Leave to Appear contingent upon payment of fee. Signed by Judge Virginia Emerson Hopkins on 12/15/09. (ACW)
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ORDER re #266 Notice (Other) filed by United States of America. Although this document is titled a Notice, the United States asks the court to clarify its Order Compelling Production. Any request for action by this court is properly presented in the form of a Motion. Any Motion must state on its face whether or not the other parties object or consent to the requested action. The United States is hereby NOTIFIED that if it wants the court to clarify its Order Compelling Production, it must file a Motion to that effect and such Motion must comply with this court's orders, including the requirement to state whether the Motion is consented to or opposed. Signed by Judge Virginia Emerson Hopkins on 12/15/2009. (Hopkins, Virginia)
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Filing 265
NOTICE by Siemens Energy Inc. re #247 Order, #248 Order, Terminate Motions of Request to Have Confidential Business Information Documents Included Within Order Compelling Production (Christopher, Thomas)
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Filing 264
NOTICE of Appearance by Thomas H Christopher on behalf of Siemens Energy Inc. (Christopher, Thomas)
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Filing 263
NOTICE by South Carolina Electric & Gas Company (Mahon, John)
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Filing 262
First MOTION for Leave to Appear Motion for Admission Pro Hac Vice John M. Mahon, Jr. by South Carolina Electric & Gas Company. (Mahon, John)
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ORDER granting #260 Motion for Leave to Appear. Signed by Judge Virginia Emerson Hopkins on 12/14/09. (ACW)
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Filing 261
NOTICE by Alstom Power Inc. of Request that CBI Documents be Included within Order Compelling Production (Wolinetz, Brian)
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Filing 260
MOTION for Leave to Appear Admission Pro Hac Vice by Alstom Power Inc.. (Wolinetz, Brian)
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PHV Fee paid for Brian L. Wolinetz in the amount of $50.00, receipt number B4601007883. (JLC, )
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Filing 259
NOTICE by Babcock Power Inc. Notice of Request That CBI Documents Be Included Within Order Compelling Production (Mercer, Robert)
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Filing 258
NOTICE by PacifiCorp re #247 Order, #248 Order, of Request That Its CBI Documents Be Included Within Order Compelling Production (Smith, Alfred) Modified on 12/10/2009 (JLC, ).
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Filing 257
ORDER denying #246 Motion for Extension of Time. Signed by Judge Virginia Emerson Hopkins on 12/8/2009. (Hopkins, Virginia)
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Filing 256
Opposition to re #246 Motion for Extension filed by United States of America. (Attachments: #1 Exhibit A)(Beers, James)
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Filing 255
NOTICE by CMS Energy Notice of Request that CBI Documents Be Included Within Order Compelling Production (Moore, J)
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Filing 254
NOTICE by NRG Energy, Inc. of Request that CBI Documents be Included Within Order Compelling Production (Hayslip, Victor)
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Filing 253
NOTICE by The Dayton Power & Light Co. of Request that CBI Documents be Included Within Order Compelling Production (Hayslip, Victor)
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Filing 252
NOTICE of Request that CBI Documents be Included Within Order Compelling Production by AES Corporation (Kuhn, Jeffrey) Modified on 12/7/2009 (JLC, ).
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Filing 251
RESPONSE to re #247 , #248 Certification of Compliance with Court's December 2, 2009 Order filed by Alabama Power Company. (Taylor, Spencer)
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Filing 250
ORDER re #246 MOTION for Extension of Time to Take Fact Deposition of Mr. Richard A. Rosen. Any opposition to this Motion is due on or before December 8, 2009. No reply will be permitted. Signed by Judge Virginia Emerson Hopkins on 12/3/2009. (JLC, )
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Filing 249
ORDER DENYING AS MOOT #245 MOTION to Amend #78 Protective Order as set out herein. Signed by Judge Virginia Emerson Hopkins on 12/2/2009. (JLC, )
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Filing 248
ORDER GRANTING IN PART AND DENYING IN PART #220 MOTION to Compel. Signed by Judge Virginia Emerson Hopkins on 12/2/2009. (JLC, )
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Filing 247
ORDER REQUIRING NOTICE re #220 MOTION to Compel. Signed by Judge Virginia Emerson Hopkins on 12/2/2009. (JLC, )
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Filing 246
MOTION for Extension of Time to Take Fact Deposition of Mr. Richard A. Rosen by Alabama Power Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Text of Proposed Order)(Cottingham, T)
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Filing 245
MOTION to Amend #78 Protective Order by Hoosier Energy Rural Electric Cooperative, Westar Energy, Inc.. (Hayslip, Victor) Modified on 12/2/2009 (JLC, ).
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Minute Entry for proceedings held before Judge Virginia Emerson Hopkins: Motion Hearing held on 12/1/2009 re #220 MOTION to Compel filed by Alabama Power Company. Written order to follow. (Court Reporter Chanetta Sinkfield.) (YMB)
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ORDER granting #244 Motion for Leave to File. The Supplement that is attached as an exhibit to the Motion is DEEMED FILED as of November 25, 2009. By separate order, the court will schedule a telephone conference whose topic will be "Why should the court not deny Alabama Power Company's Motion to Compel without prejudice and give the United States, Alabama Environmental Council, Alabama Ppower Company, and 'the CBI-Holders' additional time to meet and confer regarding the CBI documents of the companies listed on Alabama Power Company's Revised Exhibit H." Signed by Judge Virginia Emerson Hopkins on 11/28/2009. (Hopkins, Virginia)
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ORDER Reconfirming Hearing on Motion #220 MOTION to Compel: The Motion Hearing REMAINS SET for 12/1/2009 at 09:30 AM in Hugo L Black US Courthouse, Birmingham, AL before Judge Virginia Emerson Hopkins. The first item of the hearing will be why the court should not deny the motion without prejudice as stated in the margin Order entered earlier today. Signed by Judge Virginia Emerson Hopkins on 11/28/2009. (Hopkins, Virginia)
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Filing 244
MOTION for Leave to File a Supplement to its Response to Alabama Power Company's Motion to Compel by United States of America. (Attachments: #1 Supplement United States' Response to Alabama Power Company's Motion to Compel, #2 Exhibit T to the United States' Supplement to its Response, #3 Exhibit U to the United States' Supplement to its Response)(Hanson, Andrew)
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PHV Fee paid for Jeffrey Kuhn in the amount of $50.00, receipt number B4601007321. (JLC, )
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Filing 243
REPLY in Support of #220 MOTION to Compel Production of Documents on Routine Maintenance, Repair and Replacement filed by Alabama Power Company. (Attachments: #1 Exhibit 2nd Revised Ex. H, #2 Exhibit i, #3 Exhibit J, #4 Exhibit K part 1, #5 Exhibit K part 2, #6 Exhibit L, #7 Exhibit M, #8 Exhibit N part 1, #9 Exhibit N part 2)(Gidiere, P) Modified on 11/20/2009 (JLC, ).
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PHV Fee paid for John M. Holloway, III in the amount of $50.00, receipt number B4601007288. (JLC, )
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PHV Fee paid for Sarah Toevs Sullivan in the amount of $50.00, receipt number B4601007212. (JLC, )
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PHV Fee paid for Andrew C. Lillie in the amount of $50.00, receipt number B4601007187. (JLC, )
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ORDER setting hearing re #220 Motion to Compel for Tuesday, 12/1/09, at 9:30 AM, Courtroom 6A, Hugo Black US Courthouse, Bham, AL. Signed by Judge Virginia Emerson Hopkins on 11/18/09. (YMB)
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Filing 242
Amended Response to APC's #220 Motion to Compel Production of Documents filed by United States of America. (Hanson, Andrew) Modified on 11/17/2009 (JLC, ).
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ORDER granting #227 Motion for Leave to Appear contingent upon payment of fee. Signed by Judge Virginia Emerson Hopkins on 11/17/09. (ACW)
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ORDER granting #226 Motion for Leave to Appear contingent upon payment of fee. Signed by Judge Virginia Emerson Hopkins on 11/17/09. (ACW)
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ORDER granting #228 Motion for Leave to Appear contingent upon payment of fee. Signed by Judge Virginia Emerson Hopkins on 11/17/09. (ACW)
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ORDER granting #241 Motion for Leave to File. Signed by Judge Virginia Emerson Hopkins on 11/17/09. (ACW)
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ORDER granting #234 Motion for Leave to Appear contingent upon payment of fee. Signed by Judge Virginia Emerson Hopkins on 11/17/09. (ACW)
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ORDER granting #239 Motion for Leave to Appear contingent upon payment of fee. Signed by Judge Virginia Emerson Hopkins on 11/17/09. (ACW)
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ORDER granting #238 Motion for Leave to Appear contingent upon payment of fee. Signed by Judge Virginia Emerson Hopkins on 11/17/09. (ACW)
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ORDER granting #236 Motion for Leave to Appear contingent upon payment of fee. Signed by Judge Virginia Emerson Hopkins on 11/17/09. (ACW)
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PHV Fee paid for Stephen J. Bonebrake, Andrew N. Sawula and David M. Loring in the amount of $150.00, receipt number B4601007150. (JLC, )
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Filing 241
MOTION for Leave to File Reply and Notice of Filing Revised and Amended Exhibit H by Alabama Power Company. (Attachments: #1 Exhibit Revised Exhibit H)(Gidiere, P)
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Filing 240
Opposition to re #220 Alabama Power Company's Motion To Compel Production of Documents filed by PacifiCorp. (Smith, Alfred)
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Filing 239
MOTION for Leave to Appear Pro Hac Vice (Andrew C. Lillie) by PacifiCorp. (Smith, Alfred)
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Filing 238
MOTION for Leave to Appear Pro Hac Vice by Union Electric Company d/b/a Ameren UE, Ameren Corporation, Ameren Energy Generating Company, Ameren Energy Resources Generating Company, Electric Energy, Inc.. (Attachments: #1 Attachment 1)(Sullivan, Sarah)
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Filing 237
RESPONSE in Opposition re #220 MOTION to Compel Production of Documents filed by United States of America. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Exhibit Exhibit G, #8 Exhibit Exhibit H, #9 Exhibit Exhibit I, #10 Exhibit Exhibit J, #11 Exhibit Exhibit K, #12 Exhibit Exhibit L, #13 Exhibit Exhibit M, #14 Exhibit Exhibit N, #15 Exhibit Exhibit O, #16 Exhibit Exhibit P, #17 Exhibit Exhibit Q, #18 Exhibit Exhibit R, #19 Exhibit Exhibit S)(Hanson, Andrew)
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Filing 236
MOTION for Leave to Appear Pro Hac Vice by Dynegy Inc.. (Kuhn, Jeffrey)
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Filing 235
RESPONSE to Motion re #220 MOTION to Compel filed by Dynegy Inc.. (Kuhn, Jeffrey)
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Filing 234
MOTION for Leave to Appear Pro Hac Vice of John M. Holloway, III by Hoosier Energy Rural Electric Cooperative, Westar Energy, Inc.. (Hayslip, Victor)
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Filing 233
RESPONSE to Motion re #220 MOTION to Compel Response of Ameren Corporation, Ameren Generating Company, Ameren Energy Resources Generating Company and Electric Energy, Inc. to Motion to Compel Production of Documents on Routine Maintenance, Repair, and Replacement filed by Ameren Energy Generating Company, Ameren Energy Resources Generating Company, Electric Energy, Inc.. (Mercer, Robert)
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Filing 232
RESPONSE to #220 MOTION to Compel Production of Documents on Routine Maintenance, Repair and Replacement and Motion to Amend Protective Order Regarding Alabama Power Company's MOTION to Compel Production of Documents on Routine Maintenance, Repair and Replacement filed by Hoosier Energy Rural Electric Cooperative, Westar Energy, Inc.. (Hayslip, Victor) Modified on 11/16/2009 (JLC, ).
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Filing 231
RESPONSE to Motion re #220 MOTION to Compel Response of Ameren Corporation and Union Electric Company, d/b/a AmerenUE, to Motion to Compel Production of Documents on Routine Maintenance, Repair, and Replacement filed by Ameren Corporation. (Mercer, Robert)
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Filing 230
RESPONSE to Motion re #220 MOTION to Compel Production of Documents filed by Commonwealth Edison Company. (Mathews, Ellen)
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Filing 229
RESPONSE to Motion re #220 MOTION to Compel Production of Documents on Routine Maintenance, Repair and Replacement filed by Midwest Generation EME, LLC. (Mathews, Ellen)
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Filing 228
MOTION for Leave to Appear Pro Hac Vice of Stephen J. Bonebrake by Midwest Generation EME, LLC. (Mathews, Ellen)
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Filing 227
MOTION for Leave to Appear Pro Hac Vice of David M. Loring by Midwest Generation EME, LLC. (Mathews, Ellen)
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Filing 226
MOTION for Leave to Appear Pro Hac Vice of Andrew N. Sawula by Midwest Generation EME, LLC. (Mathews, Ellen)
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Filing 225
NOTICE of Appearance by Ellen T Mathews on behalf of Midwest Generation EME, LLC (Mathews, Ellen)
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Filing 224
RESPONSE to Motion re #220 MOTION to Compel Production of Documents on Routine Maintenance, Reapir and Replacement filed by CMS Energy. (Warfield, Alan)
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Filing 223
RESPONSE to Motion re #220 MOTION to Compel the Production of Documents on Routine Maintenance, Repair and Replacement filed by E.ON U.S., Xcel Energy, Energy Future Holdings Corp.. (Hayslip, Victor)
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Filing 222
CERTIFICATION OF COMPLIANCE WITH COURT'S NOVEMBER 4 #221 ORDER by Alabama Power Company.(Freeman, Michael) Modified on 11/5/2009 (JLC, ).
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Filing 221
ORDER re #220 MOTION to Compel filed by Alabama Power Company. The United States of America and all the companies listed in Exhibit H are given 11 days from the entry date of this Order to file a response to the Motion as set out herein. Signed by Judge Virginia Emerson Hopkins on 11/4/2009. (JLC, )
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Filing 220
MOTION to Compel Production of Documents on Routine Maintenance, Repair and Replacement by Alabama Power Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H)(Gidiere, P) Modified on 11/3/2009 (JLC, ).
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Filing 219
ORDER GRANTING #218 Joint MOTION for Extension of Time for Expert Disclosures. Plaintiffs Expert Disclosure Deadline is December 14, 2009, Defendants Expert Disclosure Deadline is February 15, 2010. Except as specifically provided in this Order, all other deadlines set forth in the Courts June 2, 2009 Amended Scheduling Order remain unchanged. Signed by Judge Virginia Emerson Hopkins on 10/27/2009. (JLC, )
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Filing 218
Joint MOTION to Extend Expert Disclosures Deadline and Memorandum in Support Thereof by United States of America. (Attachments: #1 Text of Proposed Order)(Beers, James) Modified on 10/27/2009 (JLC, ).
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Filing 217
ORDER granting #216 Motion to Amend #78 Protective Order. Signed by Judge Virginia Emerson Hopkins on 10/25/2009. (Hopkins, Virginia)
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Filing 216
Joint Motion to Clarify or in the Alternative Motion to Amend Protective Order by United States of America, Alabama Power Company. (Freeman, Michael) Modified on 10/23/2009 (JLC, ).
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ORDER granting #215 Motion for Limited Admission. Signed by Judge Virginia Emerson Hopkins on 10/23/09. (ACW)
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PHV Fee paid for Nash E. Long, III in the amount of $50.00, receipt number B4601006397. (JLC, )
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Filing 215
MOTION for Limited Admission Pro Hac Vice by Alabama Power Company. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Text of Proposed Order)(Long, Nash)
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Minute Entry for proceedings held before Judge Virginia Emerson Hopkins: Telephone Conference re #214 Notice of Plant Visits and Invitation to Participate held on 10/19/2009. (YMB)
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Filing 214
Notice of Plant Visits and Invitation to Participate by Alabama Power Company. (Freeman, Michael) Modified on 10/16/2009 (JLC, ).
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Filing 213
NOTICE of Appearance by T Thomas Cottingham, III on behalf of Alabama Power Company (Cottingham, T)
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ORDER GRANTING #212 MOTION to Withdraw as Attorney. Attorney Katherine Erin Konschnik terminated. Signed by Judge Virginia Emerson Hopkins on 9/24/2009. (JLC, )
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Filing 212
MOTION to Withdraw as Attorney by United States of America. (Hanson, Andrew)
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ORDER granting #211 Motion to Amend/Correct. (ACW)
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Filing 211
Joint MOTION to Clarify and to Amend Protective Order and Memorandum in Support Thereof by United States of America. (Beers, James) Modified on 9/22/2009 (JLC, ).
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Filing 210
NOTICE of Appearance by Justin Savage on behalf of United States of America (Savage, Justin)
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Filing 209
NOTICE of Appearance by Bradford T McLane on behalf of United States of America, United States of America (McLane, Bradford)
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Filing 208
NOTICE of Appearance by James Beers, Jr on behalf of United States of America (Beers, James)
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Set/Reset Hearings: If dispositive/Daubert motions are filed, a hearing is set for Friday, 8/13/2010 at 9:00 AM, Courtroom 6A, Hugo Black US Courthouse, Birmingham, AL before Judge Virginia Emerson Hopkins. (YMB)
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Set/Reset Deadlines: Set/Reset Hearings: Expert Witness List due by 4/23/2010. Dispositive Motions due by 6/4/2010, response by 7/9/2010 Reply by 7/23/2010. Final Pretrial Conference set for 12/3/2010 09:00 AM. If Dispositive Motions are not filed a Final Pretrial Conference in this case is set for Friday, August 13, 2010 before Judge Virginia Emerson Hopkins. (JLC, )
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Filing 207
ORDER GRANTING IN PART #205 Joint MOTION for Extension of Time of Interim Litigation Deadlines. Signed by Judge Virginia Emerson Hopkins on 6/2/2009. (JLC, )
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Filing 206
Brief re #205 Joint MOTION for Extension of Time of Interim Litigation Deadlines (Supporting Memorandum). (Beers, James)
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Filing 205
Joint MOTION for Extension of Time of Interim Litigation Deadlines by United States of America. (Attachments: #1 Text of Proposed Order Ex. A)(Beers, James)
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Filing 204
NOTICE of Appearance by Katherine Erin Konschnik on behalf of United States of America (Konschnik, Katherine)
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ORDER re #203 Notice of Appearance and Withdrawal of Counsel for Plaintiff filed by United States of America - GRANTING request to withdraw Deborah Behles as counsel for USA. Signed by Judge Virginia Emerson Hopkins on 12/29/08. (YMB)
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Filing 203
NOTICE of Appearance by Katherine Erin Konschnik on behalf of United States of America (Konschnik, Katherine)
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Filing 202
NOTICE by United States of America Joint Status Report (Rosskam, David)
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Filing 201
SCHEDULING ORDER: Final Pretrial Conference set for 8/2/2010 at 1:00 PM, 6th Floor Chambers Hugo Black US Courthouse, Bham, AL before Judge Virginia Emerson Hopkins. Signed by Judge Virginia Emerson Hopkins on 10/24/08. (YMB)
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Filing 200
NOTICE by United States of America Joint Status Report (Rosskam, David)
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Filing 199
NOTICE by Alabama Power Company Joint Status Report and Discovery Plan (Barze, R)
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Minute Entry for proceedings held before Judge Virginia Emerson Hopkins: Status Conference held on 10/9/2008. Joint proposed scheduling order due within 14 days. (Court Reporter Teresa Roberson.) (YMB)
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NOTICE of Hearing: Due to a conflict with the court's calendar, the Status Conference previously set for 10/9/2008 at 1:30 PM, is hereby RESET for 1:00 PM, THAT SAME DATE, 204 US Courthouse, 1129 Noble Street, ANNISTON, AL, before Judge Virginia Emerson Hopkins. (YMB)
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NOTICE OF CHANGE OF LOCATION OF CONFERENCE: Status Conference previously set for Thursday, 10/9/2008 at 1:30 PM, in Birmingham, AL, will be held that same date and time at 204 US Courthouse, 1129 Noble Street, ANNISTON, AL 36201, before Judge Virginia Emerson Hopkins. (YMB)
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NOTICE of Hearing: By agreement of the parties, the Status Conference previously set for 9/26/08, is hereby RESET for Thursday, 10/9/2008 at 1:30 PM, 6th Floor Chambers, Hugo Black US Courthouse, Bham, AL, before Judge Virginia Emerson Hopkins. (YMB)
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NOTICE of Hearing: By agreement of the parties, the Status Conference previously set for 8/28/08, is hereby RESET for Friday, 9/26/2008 11:00 AM, 6th Floor Chambers, Hugo Black US Courthouse, Bham, AL, before Judge Virginia Emerson Hopkins. (YMB)
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Filing 198
MEMORANDUM OPINION AND ORDER GRANTING IN PART and DENYING IN PART #193 MOTION for Summary Judgment as set out herein. Signed by Judge Virginia Emerson Hopkins on 7/24/2008. (JLC, )
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NOTICE of Hearing: Status Conference set for Thursday, 8/28/2008 at 10:30 AM, 6th Floor Chambers, Hugo Black US Courthouse, 1729 5th Avenue N, Birmingham, AL 35203, before Judge Virginia Emerson Hopkins. (YMB)
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Filing 197
ORDER VACATING IN PART MEMORANDUM ON CORRECT LEGAL TESTS. Signed by Judge Virginia Emerson Hopkins on 2/25/2008. (JLC, )
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Filing 196
REPLY Brief filed by Defendant Alabama Power Company re: #193 MOTION for Summary Judgment filed by Alabama Power Company. (Gidiere, P)
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Filing 195
RESPONSE in Opposition re #193 MOTION for Summary Judgment (Joint with Ala. Envt'l Council) filed by United States of America. (Attachments: #1 Exhibit A)(Rosskam, David)
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Filing 194
Brief re #193 MOTION for Summary Judgment by Alabama Power Company. (Gidiere, P)
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Filing 193
MOTION for Summary Judgment by Alabama Power Company. (Gidiere, P)
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Filing 192
ORDER of USCA before Circuit Judges Birch, Black and Barkett GRANTING Appellants' renewed Motion for Vacatur. Therefore the judgment of the District Court is hereby VACATED and this matter is hereby REMANDED for further proceedings consistent with Duke Energy. All remaining Motions are DENIED AS MOOT. (JLC, )
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Filing 191
ORDER on Motion for Relief from Judgment. Signed by Judge Virginia Emerson Hopkins on 10/5/2007. (JLC, )
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Filing 190
REPLY to Response to Motion re #184 MOTION to Vacate #174 Judgment,, Terminate Motions, (Relief from Judgment per Rule 60(b)) filed by United States of America. (Rosskam, David)
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Filing 189
RESPONSE in Opposition re #184 MOTION to Vacate #174 Judgment,, Terminate Motions, (Relief from Judgment per Rule 60(b)) filed by Alabama Power Company. (Attachments: #1 Exhibit 1#2 Exhibit 2#3 Exhibit 3#4 Exhibit 4)(Gidiere, P)
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Filing 188
ORDER GRANTING #187 Motion for Leave to Withdraw. Attorney M. James Grode terminated. Signed by Judge Virginia Emerson Hopkins on 8/9/2007. (JLC, )
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Filing 187
NOTICE by Alabama Environmental Council of Withdrawal (Grode, M)
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Filing 186
ORDER SETTING BRIEFING SCHEDULE; The #185 Joint Motion Requesting Briefing Schedule is hereby GRANTED as set out. Signed by Judge Virginia Emerson Hopkins on 7/27/2007. (JLC, )
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Filing 185
Joint MOTION Joint Unopposed Motion for Briefing Schedule re #184 MOTION to Vacate #174 Judgment,, Terminate Motions, (Relief from Judgment per Rule 60(b)) by Alabama Power Company. (Gidiere, P)
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Filing 184
MOTION to Vacate #174 Judgment,, Terminate Motions, (Relief from Judgment per Rule 60(b)) by United States of America. (Rosskam, David)
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ORDER granting #183 Motion for Leave to Appear. Signed by Judge Virginia Emerson Hopkins on 7/3/07. (ACW)
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Filing 183
MOTION for Leave to Appear Pro Hac Vice by Alabama Environmental Council. (Attachments: #1 Proposed Order)(JLC, )
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PHV Fee paid for J. Blanding Holman, IV, in the amount of $50.00, receipt number 200 237729. (JLC, )
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Filing 182
ORDER of USCA before Circuit Judge Rosemary Barkett STAYING this appeal for 30 days to permit Appellants to file with the District Court a motion for relief from judgment, based on the Supreme Court's decision as stated herein. (JLC, )
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USCA Case Number 06-15456FF for #180 Notice of Appeal filed by Alabama Environmental Council. (JLC, )
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Transmission of Notice of Appeal,Memorandum Opinion, Final Judgment and Docket Sheet to US Court of Appeals re #181 Notice of Appeal. (JLC, )
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Filing 181
NOTICE OF APPEAL as to #174 Judgment,, Terminate Motions, by United States of America. Filing fee $ 455. (Rosskam, David)
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Transmission of Notice of Appeal, Memorandum of Opinion, Final Judgment and Docket Sheet to US Court of Appeals re #180 Notice of Appeal (JLC, )
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USCA Appeal Fees received in the amount of $455.00, receipt number 200 230413 re #180 Notice of Appeal filed by Alabama Environmental Council. (JLC, )
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Filing 180
NOTICE OF APPEAL as to #174 Judgment,, Terminate Motions, by Alabama Environmental Council. Filing fee $ 455. (Grode, M)
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Filing 179
AMENDED ORDER GRANTING in part and DENYING in part #176 MOTION for Clarification of Court's August 14, 2006 Memorandum Opinion and Final Judgment Order and Motion for Extension of Time to File Notice of Appeal. Signed by Judge Virginia Emerson Hopkins on 8/28/2006. (JLC, )
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Filing 178
ORDER GRANTING in part and DENYING in part #176 Motion for Clarification of August 14, 2006 Memorandum Opinion and Final Judgment Order and Motion for Extension of Time to File Notice of Appeal. Signed by Judge Virginia Emerson Hopkins on 8/28/2006. (JLC, )
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ORDER Vacating Order (doc. 178) because it was replaced by Order (doc. 179). Signed by Judge Virginia Emerson Hopkins on 8/28/2006. (Hopkins, Virginia)
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Filing 177
RESPONSE in Opposition re #176 MOTION to clarify Court's August 14, 2006 Opinion and Judgment, and to Extend Time to File Notice of Appeal filed by Alabama Power Company. (Gidiere, P)
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Filing 176
MOTION to clarify Court's August 14, 2006 Opinion and Judgment, and to Extend Time to File Notice of Appeal by United States of America. (Rosskam, David)
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Filing 175
MEMORANDUM OPINION AND ORDER GRANTING ALABAMA POWER COMPANY #168 MOTION to Strike Exhibits and Additional Facts . Signed by Judge Virginia Emerson Hopkins on 8/14/2006. (JLC, )
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Filing 174
FINAL JUDGMENT ON MODIFICATION CLAIMS is entered on behalf of Alabama Power Company and against the United States and Alabama Environmental Council on the First through Fourth claims of the United States's #127 Amended Complaint and the First through Eighth Claims for relief in Alabama Environmental Council's #6 Complaint, respectively. Signed by Judge Virginia Emerson Hopkins on 8/14/2006. (JLC, )
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Filing 173
MEMORANDUM OPINION ON ALABAMA POWER COMPANY'S MOTION FOR SUMMARY JUDGMENT AND ENTRY OF RULE 54(b) FINAL JUDGMENT ON MODIFICATION CLAIMS. Signed by Judge Virginia Emerson Hopkins on 8/14/2006. (JLC, )
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Filing 172
REPLY to Response to Motion re #168 MOTION to Strike Exhibits and Additional Facts Proffered by United States (164) filed by Alabama Power Company. (Gidiere, P)
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ORDER granting #171 Motion. Signed by Judge Virginia Emerson Hopkins on 7/21/06. (ACW)
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Filing 171
MOTION For leave to file a reply re #170 Opposition (other) Unopposed Motion for Leave to File a Reply by Alabama Power Company. (Freeman, Michael)
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Filing 170
Opposition to Alabama Power Company's Motion to Strike (Doc. 168) filed by United States of America. (Attachments: #1 Exhibit Declaration of Jason Dressler with documentary attachments 1-5)(Rosskam, David)
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Filing 169
REPLY Brief filed by Defendant Alabama Power Company re: #166 Response to Motion, #165 Notice (Other), Notice (Other), #164 Notice (Other), Notice (Other) Alabama Power Company's Reply in Support of Summary Judgment on the Modification Claims filed by Alabama Power Company. (Attachments: #1 Attachment 1#2 Attachment 2)(Freeman, Michael)
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ORDER TO SHOW CAUSE: Plaintiff is to Show Cause by August 1, 2006 why Alabama Power Company's Motion to Strike #168 should not be granted. Signed by Judge Virginia Emerson Hopkins on 7/18/06. (ACW)
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Filing 168
MOTION to Strike Exhibits and Additional Facts Proffered by United States (164) by Alabama Power Company. (Gidiere, P)
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ORDER granting #167 Motion for Leave to File Excess Pages. Signed by Judge Virginia Emerson Hopkins on 7/11/06. (ACW)
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Filing 167
Consent MOTION for Leave to File Excess Pages in Reply Brief in Support of Summary Judgment by Alabama Power Company. (Gidiere, P)
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Filing 166
RESPONSE to Motion re #156 MOTION for Summary Judgment and Entry of Final Judgment on Modification Claims filed by Alabama Environmental Council. (Grode, M)
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Filing 165
NOTICE by United States of America of Filing Under Seal Unredacted Version of US Response to Alabama Power's Summary Judgment Motion on the Modification Claims (Rosskam, David) Additional attachment(s)FILED UNDER SEAL added on 7/10/2006 (JLC, ).
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Filing 164
NOTICE by United States of America of Filing of Redacted Version of US Response to Alabama Power's Summary Judgment Motion on the Modification Claims (Attachments: #1 Appendix (Redacted) US Response to Alabama Power's Summary Judgment Motion on the Modification Claims#2 Exhibit (Redacted) Exhibits to US Response to Alabama Power's Summary Judgment Motion on the Modification Claims)(Rosskam, David)
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ORDER granting #163 Motion for Leave to File Under Seal. Signed by Judge Virginia Emerson Hopkins on 7/4/2006. (Hopkins, Virginia)
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Filing 163
Consent MOTION for Leave to File Under Seal United States' Response to Alabama Power's Summary Judgment Motion on the Modification Claims by United States of America. (Rosskam, David)
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Filing 162
ORDER granting #161 Motion for Extension of Time to File Response/Reply, all responses shall be filed on or before July 7, 2006. Signed by Judge Virginia Emerson Hopkins on 6/28/2006. (JLC, )
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Filing 161
Consent MOTION for Extension of Time to File Response/Reply to Alabama Power's Summary Judgment Motion on the Modification Claims by United States of America. (Rosskam, David)
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Filing 160
ORDER GRANTING #159 Motion to Approve Consent Judgment. The #154 Consent Decree filed in this action on April 24, 2006, is hereby APPROVED. The Court having found that there is no just reason for delay, final judgment is hereby ENTERED in the matter between Plaintiffs and Defendant as to claims addressed by the Consent Decree. FRCP 54(b) . Signed by Judge Virginia Emerson Hopkins on 6/19/2006. (JLC, )
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Filing 159
MOTION to Approve Consent Judgment (Motion for Entry of Partial Consent Decree) by United States of America. (Attachments: #1 Attachment 1)(Rosskam, David)
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Filing 158
ORDER granting #157 Motion for Extension of Time to File Response/Reply. Signed by Judge Virginia Emerson Hopkins on 6/1/06. (ACW)
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Filing 157
Consent MOTION for Extension of Time to File Response/Reply to Alabama Power Company's Motion for Summary Judgment (Doc. 156) by United States of America. (Rosskam, David)
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Filing 156
MOTION for Summary Judgment and Entry of Final Judgment on Modification Claims by Alabama Power Company. (Attachments: #1 Appendix 1#2 Appendix 2#3 Appendix 3#4 Appendix 4#5 Appendix 5)(Gidiere, P)
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Filing 155
STIPULATION Stipulations by United States and Plaintiff Intervenor by Alabama Power Company. (Gidiere, P)
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Filing 154
NOTICE of Settlement (Lodging of Proposed Partial Consent Decree) by United States of America (Attachments: #1 Exhibit Proposed Partial Consent Decree)(Rosskam, David)
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Filing 153
NOTICE by Alabama Power Company Notice of Filing Stipulations (Gidiere, P)
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ORDER granting request for additional time #152 . On April 14, 2006, the parties shall report the status of mediation. Signed by Judge Virginia Emerson Hopkins on 4/3/06. (ACW)
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Filing 152
STATUS REPORT Joint Status Report and Request for Additional Time to Mediate by United States of America, Alabama Power Company. (Freeman, Michael)
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ORDER granting the Request for Additional Time to Mediate #151 . Signed by Judge Virginia Emerson Hopkins on 3/1/06. (ACW)
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Filing 151
STATUS REPORT Joint Status Report and Request for Additional Time to Mediate by Alabama Power Company. (Freeman, Michael)
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NOTICE of Hearing: The status conference previously set for 2/2/06 at 1:30 p.m. is hereby RESET for Thursday, 2/9/06 at 8:30 a.m., before Judge Virginia Emerson Hopkins. (YMB)
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Filing 150
Request by Mediator for Extension of Time. (JLC, )
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Filing 149
ORDER EXTENDING TIME FOR MEDIATION. Signed by Judge Virginia Emerson Hopkins on 1/3/2006. (JLC, )
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NOTICE to Parties: Due to the extension of time for mediation, the final pretrial conference previously set for Thursday, 1/26/06, is hereby CANCELLED. If necessary, the final pretrial conference will be reset by subsequent order. (YMB)
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Filing 148
Request for Extension of Time by Mediator (JLC, )
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Filing 147
ORDER EXTENDING TIME FOR MEDITATION as set out. Signed by Judge Virginia Emerson Hopkins on 11/30/2005. (JLC, )
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Filing 146
REQUEST FOR EXTENSION OF TIME by Mediator (JLC, )
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Filing 145
ORDER EXTENDING TIME FOR MEDIATION . Signed by Judge Virginia Emerson Hopkins on 10/13/2005. (JLC, )
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Filing 144
ORDER Extending Time for Mediation. Signed by Judge Virginia Emerson Hopkins on 9/9/2005. (JLC, )
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Filing 143
NOTICE by United States of America and Alabama Power - Joint Notice Regarding Development in D.C. Circuit (Attachments: #1 Attachment)(Freeman, Michael)
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Filing 142
NOTICE by United States of America and Alabama Power Company (Joint)Notice Regarding Development in Parallel Case (Attachments: #1 Opinion)(Freeman, Michael) Modified on 6/17/2005 (JLC, ).
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ORDER: It is hereby ORDERED that all motions for summary judgment filed after this date, and responses and replies thereto, must comply with the formatting requirements and procedures set out in the Standing Order Establishing Pre-trial Procedure, and Appendix II attached thereto. This includes all briefing schedule deadlines. The standing order may be found at http://www.alnd.uscourts.gov/Hopkins/HopkinsPage.htm. In addition, all pleadings filed in this matter from this date forward must be filed in 14 point type. Signed by Judge Virginia Emerson Hopkins on 6/15/05. (YMB, )
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ORDER denying #136 Motion for Summary Judgment. This case was STAYED by Order of the court entered on June 3, 2005 (doc. 141). Defendant's Motion for Summary Judgment is hereby DENIED WITHOUT PREJUDICE to the right of Defendant to file, upon the lifting of such stay, a Motion to Reinstate Motion for Summary Judgment. Such Motion to Reinstate, if granted, will not require the refiling of Defendant's Motion for Summary Judgment, Memorandum of Law in Support thereof, or Exhibits in Support thereof, all of which documents may be incorporated by reference in the Motion to Reinstate. Signed by Judge Virginia Emerson Hopkins on 06-08-05. (Hopkins, Virginia)
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Filing 141
ORDER REFERRING CASE to Mediation. Court suggest George M. Van Tassel Jr. as mediator. Action STAYED, pending completion of mediation by cob friday 9/9/05. Signed by Judge Virginia Emerson Hopkins on 6/03/2005. (JLC, )
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Filing 140
MEMORANDUM OPINION ON CORRECT LEGAL TESTS. Signed by Judge Virginia Emerson Hopkins on 6/3/05. (JLC, )
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Case Stayed (JLC, )
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Filing 139
ORDER Final Pretrial Conference RESET for Thursday, 1/26/2006 at 9:00 AM, in chambers before Judge Virginia Emerson Hopkins. Signed by Judge Virginia Emerson Hopkins on 6/2/05. (YMB, )
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Filing 138
MOTION for Summary Judgment Notice of Filing Exhibits in Support by Alabama Power Company. (Attachments: #1 Exhibit 1#2 Exhibit 2#3 Exhibit 3#4 Exhibit 4#5 Exhibit 5#6 Exhibit 6#7 Exhibit 7#8 Exhibit 8#9 Exhibit 9#10 Exhibit 10#11 Exhibit 11#12 Exhibit 12#13 Exhibit 13#14 Exhibit 14#15 Exhibit 15#16 Exhibit 16#17 Exhibit 17#18 Exhibit 18#19 Exhibit 19#20 Exhibit 20#21 Exhibit 21#22 Exhibit 22#23 Exhibit 23#24 Exhibit 24#25 Exhibit 25#26 Exhibit 26#27 Exhibit 27#28 Exhibit 28#29 Exhibit 29#30 Exhibit 30#31 Exhibit 31#32 Exhibit 32#33 Exhibit 33#34 Exhibit 34#35 Exhibit 35)(Freeman, Michael)
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Filing 137
MOTION for Summary Judgment Memorandum of Law in Support by Alabama Power Company. (Freeman, Michael)
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Filing 136
MOTION for Summary Judgment on the Miller Claims by Alabama Power Company. (Freeman, Michael)
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ORDER granting #135 Motion to Appoint Counsel; all pleadings filed in this matter from this date forward must be filed in 14 point type and counsel must register electronically within 11 days of the date of this Order. Signed by Judge Virginia Emerson Hopkins on 5/23/05. (ACW )
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PHV Fee paid by Steven J. Hewitson $ 50.00, receipt number 200 215581. (JLC, )
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Filing 135
MOTION to Appoint Counsel Admission Pro Hac Vice by Alabama Power Company. (Taylor, Spencer)
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Filing 134
NOTICE by Alabama Power Company Notice of Substitution of Counsel (Taylor, Spencer)
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Filing 133
ANSWER to Counterclaim (Second) of Defendant by United States of America.(Rosskam, David)
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Filing 132
NOTICE by United States of America of Appearance and Withdrawal of Counsel (Rosskam, David)
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Filing 131
ORDER granting #129 Motion for Extension of Time. Signed by Judge Virginia Emerson Hopkins on 3/30/2005. (BJP)
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Filing 130
NOTICE by United States of America and Alabama Power Co. (Joint) Regarding Developments in Parallel Cases (Rosskam, David)
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Filing 129
Joint MOTION for Extension of Time Adjusting Expert Report Dates in Pretrial Schedule for Miller Claims by United States of America. (Rosskam, David)
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Filing 128
NOTICE by United States of America, Alabama Power Company (Joint) Regarding Developments in Parallel Case (Rosskam, David)
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Filing 127
AMENDED COMPLAINT per Doc. 121 (granting leave to file) against Alabama Power Company, filed by United States of America.(Rosskam, David)
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ORDER granting #124 Motion for Limited Admission Pro Hac Vice of M. James Grode for plaintiff-intervenor. Signed by Judge Virginia Emerson Hopkins on 3/1/2005. (BJP)
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Filing 126
Alabama Power Company's ANSWER to Complaint As Amended, Amended COUNTERCLAIM against United States of America, United States of America by Alabama Power Company, Alabama Power Company.(Gidiere, P)
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PHV Fee paid for M. James Grode: $ 50, receipt number 200 212891 (JLC, )
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Filing 125
AMENDED DOCUMENT by Alabama Environmental Council. Amendment to #124 MOTION for Limited Admission Pro Hac Vice Supplemental Certificate of Service. (Grode, M)
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Filing 124
MOTION for Limited Pro Hac Vice Admission of M. James Grode for Plaintiff-Intervenor, Alabama Environmental Council. (Grode, M)
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Filing 123
NOTICE of Appearance of P. Stephen Gidiere and Withdrawal of Lyle D. Larson on behalf of Alabama Power Company (Freeman, Michael)
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Filing 122
STATUS REPORT (Joint) on Miller Claims by United States of America, Alabama Power Company. (Rosskam, David)
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Filing 121
ORDER granting #119 Motion for Leave to File Amended Complaint, granting #120 Motion for Leave to File Substitute Exhibits. Signed by Judge Virginia Emerson Hopkins on 2/17/2005. (BJP)
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Filing 120
MOTION for Leave to File Substitute Exhibits by United States of America. (Attachments: #1 Exhibit 1-A Proposed Amended Complaint#2 Exhibit 2-A Comparison version (redline/strikeout))(Rosskam, David)
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Filing 119
MOTION for Leave to File Amended Complaint by United States of America. (Attachments: #1 Exhibit 1 - Proposed Amended Complaint#2 Exhibit 2 - Comparison version (redline/strikeout))(Rosskam, David)
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Based upon the representations of the parties that "the requested extension will not affect any of the other dates in the Scheduling Order," the Joint Motion for Adjustment of Amended Pleadings Deadlines In Pretrial Schedule for Miller Plant Claims #118 is GRANTED. Signed by Judge Virginia Emerson Hopkins on 12/30/04. (Hopkins, Virginia)
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Filing 118
MOTION (Joint) of pla USA and dft AL Power Co for adjustment of amended pleadings deadlines in pretrial schedule for Miller Plant Claims; for one-month extension of deadlines . (JLM, )
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Filing 117
JOINT STATUS REPORT regarding efforts to resolve AL Power's objections by United States of America, Alabama Power Company. (DRR)
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Filing 116
NOTICE of objections to pla's discovery requests by Alabama Power Company (DRR)
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Filing 115
Brief filed by Alabama Power Company. (DRR)
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Filing 114
111 - ORDER granting motion to extend time to submit objection log to pla EPA for two weeks [111-1] ( by Judge Virginia E. Hopkins ) entered cm (DRR)
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Filing 111
MOTION by defendant AL Power Company to extend time to submit objection log to pla EPA for two weeks filed cs (DRR)
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Filing 113
SUBMISSION of discovery by counter-defendant USA to memorandum regarding correct legal test for determining "modification" filed cs (DRR)
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Filing 112
MEMORANDUM BRIEF by counter-defendant USA regarding correct legal test for determining a "modification" filed cs (DRR)
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Filing 110
SUBMISSION of discovery by defendant AL Power Company in support of response to USA brief on correct legal tests filed cs (DRR)
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Filing 109
NOTICE of filing exhibits in support of AL Power's response to USA brief on correct legal tests filed by defendant AL Power Company cs (DRR)
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Filing 108
RESPONSE (CASES CITED) by defendant AL Power Company to USA brief on correct legal tests filed cs (DRR)
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Filing 107
RESPONSE by defendant AL Power Company to USA brief on correct legal tests [101-1] filed cs (DRR)
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Filing 106
RESPONSE BRIEF (CORRECTED) by intervenor-plaintiff AL Environmental on the correct legal tests filed cs (DRR)
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Filing 105
SUBMISSION (ATTACHMENTS) of discovery by intervenor-plaintiff AL Environmental to response brief on the correct legal tests filed cs (DRR)
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Filing 104
REPONSE BRIEF by intervenor-plaintiff AL Environmental on the correct legal tests filed cs (DRR)
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Filing 103
BRIEF on correct legal tests (vol 1-4) separately bound by defendant AL Power Company filed (MAA)
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Filing 102
SUBMISSION of discovery by counter-defendant USA regarding memorandum of correct legal tests filed cs (DRR)
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Filing 101
BRIEF by counter-defendant USA regarding correct legal tests filed cs (DRR)
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Filing 100
SUBMISSION of discovery by defendant AL Power Company in support of brief on correct legal tests filed cs (table of contents and 5 independently bound volumes) (DRR)
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Filing 99
BRIEF by defendant AL Power Company on the correct legal tests filed cs (DRR)
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Filing 98
TRANSCRIPT of proceedings had before Judge Virginia E. Hopkins on 10/6/04 , filed - Court Reporter Julie A. Martin (DRR)
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Filing 97
SUBMISSION of discovery (ATTACHMENTS) to brief on correct legal tests [96-1] by intervenor-plaintiff AL Environmental filed cs (DRR)
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Filing 96
BRIEF on the correct legal tests for determining "Routine Maintenance, repair, and replacement" and "Significant net emissions increase" by intervenor-plaintiff AL Environmental filed cs (DRR)
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Filing 95
TRANSCRIPT of proceedings had before Judge Virginia E. Hopkins on 10/6/04 , filed - Court Reporter Julie A. Martin (DRR)
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Filing 94
ORDER granting motion for expedited hearing of motion to compel [90-1] denying motion to compel production of documents withheld solely on the basis of the deliberative process privilege [89-1] filed ( by Judge Virginia E. Hopkins ) cm (DRR)
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Filing 93
89 - ORDER denying motion to compel production of documents withheld solely on the basis of the deliberative process privilege [89-1] ( by Judge Virginia E. Hopkins ) entered cm (DRR)
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Filing 92
90 - ORDER granting motion for expedited hearing of motion to compel [90-1] Motion will be heard at Status hearing to be held on 10/6/04 ( by Judge Virginia E. Hopkins ) entered cm (DRR)
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COURTROOM NOTES: Status Conf and hearing on dft's Motion to Compel (doc 89) held on 10/6/04 before VEH, USDJ - arguments - Order (oral) dictated into the record; CrtRptr Julie Martin. (YMB)
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Filing 91
87 - ORDER granting motion for leave to file reply brief [87-1] ( by Judge Virginia E. Hopkins ) entered cm (DRR)
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Filing 90
MOTION by defendant for expedited hearing of motion to compel filed cs (DRR)
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Filing 89
MOTION by defendant to compel production of documents withheld solely on the basis of the deliberative process privilege filed cs (DRR)
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Filing 88
MEMORANDUM REPLY BRIEF by plaintiff USA regarding scope of gov't deliberative process privilege filed cs (DRR)
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Filing 87
MOTION by plaintiff USA for leave to file reply brief filed cs (DRR)
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Filing 86
85 - ORDER granting motion to withdraw attorney Minda Riley Campbell [85-1] ( by Judge Virginia E. Hopkins ) entered cm (DRR)
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Filing 85
MOTION by counter-claimant AL Power Company, defendant AL Power Company to withdraw attorney Minda Riley Campbell filed cs (DRR) Modified on 09/29/2004
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Filing 84
ORDER Scheduling that certain time limits and ddls apply as set forth; discovery cutoff 9/30/05; pre-trial conf set 9:00 1/13/06; dispositive motion ddl 12/1/05 by Judge Virginia E. Hopkins cm (DRR)
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Filing 83
82 - ORDER granting motion for attorney Margaret Campbell to appear pro hac vice [82-1] (by Judge Virginia E. Hopkins) entered cm (DRR)
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PRO HAC VICE admission fee paid on 9/22/04 receipt # 200 207821 (DRR)
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Filing 82
MOTION by defendant AL Power Company for attorney Margaret Campbell to appear pro hac vice filed cs (DRR)
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Filing 81
Report of Parties (form 35) of compliance with FRCP 26 filed cs (DRR)
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Filing 80
RESPONSE by defendant AL Power Company to USA's memorandum brief on the deliberative process privilege [74-1] filed cs (DRR)
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Filing 79
ORDER ON MOTIONS FOR PROTECTIVE ORDER granting AL Power Co's motion for protective order [76-1], denying USA's motion for protective order [72-1]; Protective Order entered separately filed ( by Judge Virginia E. Hopkins ) cm (ASL)
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Filing 78
PROTECTIVE ORDER regarding disclosure of confidential material as set out in this order filed ( by Judge Virginia E. Hopkins ) cm (ASL)
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Filing 77
75 - ORDER so ordered as to joint filing identifying agreed upon matters which are ripe for adjudication [75-1]; briefing schedule as set forth herein ( by Judge Virginia E. Hopkins ) entered cm (ASL)
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Filing 76
MOTION by defendant AL Power Company for protective order filed cs (DRR)
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Filing 75
JOINT RESPONSE by defendant, plaintiff to court's order of 8/5/04 [68-2] filed cs (DRR)
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Filing 74
MEMORANDUM BRIEF by plaintiff USA regarding the deliberative process privilege filed cs (DRR)
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Filing 73
BRIEF by plaintiff USA in support of motion for protective order, with exhs att, filed cs (Former Employee)
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Filing 72
MOTION by plaintiff USA for protective order with exh att, filed cs (Former Employee)
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Filing 71
RESPONSE by defendant AL Power Company to court's order [68-2] filed cs (DRR)
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Filing 70
BRIEF by plaintiff USA regarding WEPCO and MEAD decisions filed cs (DRR)
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Filing 69
NOTICE regarding applicable regulations for plas' PSD allegations filed by plaintiff USA cs (DRR)
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Filing 68
ORDER that certain time limits, ddls, and requirements apply as set forth within; Status hearing to be held on 10:00 10/6/04 filed ( by Judge Virginia E. Hopkins ) cm (DRR)
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Filing 67
65 - ORDER granting motion for attorney Daniel S. Reinhardt and Marshall B. Barton to appear pro hac vice [65-1] ( by Judge Virginia E. Hopkins ) entered cm (DRR)
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Filing 66
63 - ORDER granting motion to substitute attorney Lloyd C. Peeples [63-1] for attorney John C Bell for USA, attorney John C Bell for USA and substituting attorney Lloyd C Peeples III ( by Judge Virginia E. Hopkins ) entered cm (DRR)
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DOCKET modification (utility event) terminating motion for order to lift stay [48-1]; see doc #57 (DRR)
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Filing 65
MOTION by defendant AL Power Company for attorney Daniel S. Reinhardt and Marshall B. Barton to appear pro hac vice filed cs (DRR)
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Filing 64
RESPONSE by plaintiffs, defendants, counter-claimants, counter-defendants, intervenor-plaintiff to court's order [62-1] filed cs (DRR)
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PRO HAC VICE admission fee paid on 8/2/04 receipt # 200 206014 (DRR)
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Filing 63
MOTION by plaintiff to substitute attorney Lloyd C. Peeples filed cs (DRR)
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Filing 62
ORDER REGARDING SCHEDULING MATTERS filed ( by Judge Virginia E. Hopkins ) cm (DRR)
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Filing 61
ORDER as requested by parties Pretrial scheduling conf set for 10:00AM 8/4/04 filed (by Judge Virginia E. Hopkins) cm (DRR)
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Filing 60
Report of Parties (form 35) of compliance with FRCP 26 filed cs (DRR) Modified on 07/14/2004
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Filing 59
AMENDED NOTICE of reassignment to Judge Virginia Hopkins; all existing ddls and settings will remain in effect; judge will resolve any setting conflicts with subsequent orders cm (KLL)
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Filing 58
NOTICE of reassignment Case reassigned to Judge Virginia E. Hopkins ; use CV-01-BE-152-S on all subsequent pldgs cm (KLL)
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Filing 57
ORDER granting motion for order to lift stay and place case on court's active docket [52-1]; stay lifted , parties shall hold a Rule 26(f) planning meeting w/in 14 days and submit a proposed scheduling order to the court filed ( by Judge Karon O. Bowdre ) cm (KLL)
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Filing 56
54 - ORDER granting motion to substitute attorney Gilbert B. Rogers for Mary Maclean Asbill [54-1] ( by Judge Karon O. Bowdre ) entered cm (KLL)
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Filing 55
53 - ORDER granting motion for attorney Gilbert B. Rogers to appear pro hac vice [53-1] ( by Judge Karon O. Bowdre ) entered cm (KLL)
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DOCKET modification (utility event) withdrawing attorney Mary Maclean Asbill for AL Environmental per doc #56 (KLL)
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Filing 54
MOTION by intervenor-plaintiff AL Environmental to substitute attorney Gilbert B. Rogers for Mary Maclean Asbill filed cs (DRR)
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Filing 53
MOTION by intervenor-plaintiff AL Environmental for attorney Gilbert B. Rogers to appear pro hac vice filed cs (DRR)
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PRO HAC VICE admission fee paid on 6/1/04 receipt #200 203934 (DRR)
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Filing 52
JOINT MOTION (request) by parties for order to lift stay and place case on court's active docket filed cs (KLL)
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Filing 51
BRIEF (Reply) in support of motion to terminate stay by pla/counter-dft filed cs (KLL)
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Filing 50
OPPOSITION by dft/counter-claimant to motion for order to lift stay [48-1] filed cs (KLL)
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Filing 49
ORDER (Submission) that the motion for order to lift stay [48-1] is submitted: Dft's Responsive Brfs Due by 3/3/04, Reply Brfs Due by 3/10/04, all submissions must comply with Exh A att filed ( Judge Karon O. Bowdre ) cm (KLL)
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Filing 48
MOTION by pla for order to lift stay filed w/notice of filing petition for writ of certiorari att therein cs (KLL)
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Filing 47
NOTICE of order extending time to file a petition for writ of certiorari filed by pla/counter-dft & dft/counter-claimant, cs (KLL)
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Filing 46
NOTICE of order extending time to file a petition for a writ of certiorari filed by dft/counter-claimant cs (KLL)
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Filing 45
44 - ORDER granting request for continuance of stay an additional 90 days [44-1] ( by Judge Karon O. Bowdre ) entered cm (KAM)
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Filing 44
Notice of 11th Circuit decision and Joint REQUEST by defendant, pla for continuance of stay filed cs (KWC)
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Filing 43
ORDER that court grants dft's request and stays discovery until parties notify court that 11th Circuit has ruled on pla's pending Petition for Rehearing En Banc; during stay, parties shall report to court every 60 days that status of 11th Circuit case; w/in 5 days after 11th Circuit's ruling, parties are to advise court of their positions on whether stay should be extended of dissolved; filed ( by Judge Karon O. Bowdre ) cm (KWC)
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Filing 42
NOTICE filed by plaintiff USA of petition for rehearing en banc and parties' positions concerning stay cs (KWC)
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Filing 41
40 - ORDER granting request that stay be extended (filed w/in notice) [40-1] ( by Judge Karon O. Bowdre ) entered cm (KWC)
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Filing 40
NOTICE of 11th Circuit decision and request filed by plaintiff, defendant, intervenor-plaintiff cs (KWC)
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Filing 39
38- ORDER granting stay request [38-1]; counsel to report status in 90 days ( by Judge Karon O. Bowdre ) entered cm (KWC)
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Filing 38
Joint report in compliance by defendant AL Power Company with order [37-1] and stay request for an addt'l 3 months filed cs (KWC)
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Filing 37
36 -ORDER granting motion to stay [36-1] for addt'l 3 months or until ruling by 11th Circuit ( by Judge Karon O. Bowdre ) entered cm (KWC)
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Filing 36
Joint report and MOTION by plaintiff USA, defendant AL Power Company to stay filed cs (KWC)
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Filing 35
34 - ORDER granting motion to stay [34-1] report due by 2/4/03 ( by Judge Karon O. Bowdre ) entered cm (MAA)
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Filing 34
MOTION (joint) by plaintiff, defendant to stay with status report thereon filed cs (MAA)
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Filing 33
32- ORDER granting motion to stay [32-1]; counsel to report status in 3 months ( by Judge Karon O. Bowdre ) entered cm (KWC)
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Filing 32
Joint report and MOTION by pla USA, dft AL Power Company to stay for 90 addt'l days filed cs (KWC)
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Filing 31
30- ORDER granting motion to extend stay [30-1] ; report (Notice of Compliance) due as to status in 90 days (ddl 7/29/02) (by Judge Karon O. Bowdre) entered cm (KWC)
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Filing 30
Joint Position statement (MOTION) by pla USA, dft AL Power Company to extend stay filed cs (KWC)
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Filing 29
ORDER granting dft's motion to extend time of stay IN PART[19-1] staying for a period of three (3) months or until parties notify courth that 11th circuit of Appeals has issued an opinion AS SET OUT in this Order filed ( by Judge Karon O. Bowdre ) cm (SRJ)
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Filing 28
NOTICE of COMPLIANCE (JOINT STATUS REPORT) by parties with Court's Order [27-2] filed cs (SRJ)
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Filing 27
ORDER that this case has been RE-SCHEDULED for Status Conference from 12/14/01 ; Status Hearing to be RE-SET to Thurs 1/24/02 @ 10:00am in Chambers 5th Flr at Hugo L Black US Courthouse, Bham AL ; further ORDERED that the previous ddl for parties to submit a JOINT STATUS REPORT has been RE-SET to 10:00am 1/22/02 as set out in this Order filed ( by Judge Karon O. Bowdre ) cm (SRJ)
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Filing 26
ORDER that this case is SET for Status Conference ; Status Hearing to be held Fri 12/14/01 @ 1pm at Hugo L Black US Courthouse in Chambers 5th Flr, Bham AL; parties are to submit a JOINT STATUS REPORT on or before 1pm 12/12/01 as set out in this Order filed ( by Judge Karon O. Bowdre ) cm (SRJ)
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Filing 25
OPPOSITION by defendant AL Power Company to U S Environ Protection Agcy's request for partial dissolution of stay of discovery w/Exhs A-C attchd [DEEM FILED 10/09/01] filed cs (SRJ)
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Filing 24
NOTICE of reassignment Case reassigned to Judge Karon O. Bowdre cm (KAM)
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Filing 23
ORDER that by 12/4/01 dft shall file a response or oppostion to the limited dissolution of stay as set out in this order filed ( by Judge Sharon L. Blackburn ) cm (KAM)
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Filing 22
NOTICE of ruling by Judicial Panel on Multidistrict Litigation and suggestion for limited dissolution of stay filed by plaintiff USA cs (KAM)
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Filing 21
20 - ORDER granting motion for leave to file notice of ruling and motion for limited dissolution of stay out of time [20-1] ( by Judge Sharon L. Blackburn ) entered cm (KAM)
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Filing 20
MOTION by plaintiff USA for leave to file notice of ruling and motion for limited dissolution of stay out of time filed cs (KAM)
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Filing 19
MOTION by defendant AL Power Company to extend time of stay and notice of ruling by the Judicial Panel on Multidistrct Litigation filed cs (KAM)
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Filing 18
ORDER OF JUDICIAL PANEL ON MULTIDISTRICT LITIGATION (Docket No 1416) certified copy that the motion, pursuant to 28 U.S.C. 1407, for centralization of the two actions ALN 2:01-152 & GAN 1:99-2859 is DENIED filed () cm (DWC)
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Filing 17
ORDER granting in part motion to stay discovery [3-1] as set out in this order filed ( by Judge Sharon L. Blackburn ) cm (KAM)
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Filing 16
k8 - ORDER granting motion for attorney Jeffrey M. Gleason to appear pro hac vice [8-1] ( by Judge Sharon L. Blackburn ) entered cm (KAM)
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Filing 15
7 - ORDER granting motion for attorney Mary Maclean Asbill to appear pro hac vice [7-1] ( by Judge Sharon L. Blackburn ) entered cm (KAM)
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Filing 14
BRIEF by intervenor-plaintiff AL Environmental in support of motion to intervene filed cs (filed at the direction of the court) (KAM)
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Filing 13
ORDER granting motion allowing AL Environmental Council Inc to intervene [12-1] finding the motion to intervene [6-1] moot filed ( by Judge Sharon L. Blackburn ) cm (KAM)
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Filing 11
ANSWER by counter-defendant USA to counterclaim filed cs (KAM)
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Filing 12
MOTION by plaintiff USA, defendant AL Power Company, intervenor-plaintiff AL Environmental allowing AL Environmental Council Inc to intervene filed cs (KAM)
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Filing 10
NOTICE of filing motion to transfer with the MDL Panel filed by plaintiff USA cs (KAM)
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Filing 9
RESPONSE by plaintiff USA motion to stay discovery [3-1] filed cs (KAM)
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Filing 8
MOTION by intervenor-plaintiff AL Environmental for attorney Jeffrey M. Gleason to appear pro hac vice filed cs (KAM)
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Filing 7
MOTION by intervenor-plaintiff AL Environmental for attorney Mary Maclean Asbill to appear pro hac vice filed cs (KAM)
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PRO HAC VICE admission fee paid on 4/26/01 receipt # 200 163726 in the amount of $50 (KAM)
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PRO HAC VICE admission fee paid on 4/26/01 receipt # 200 163720 in the amount of $50.00 (KAM)
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Filing 6
MOTION by intervenor-plaintiff AL Environmental to intervene filed cs (KAM)
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Filing 5
ORDER oral argument on dft's motion to stay discovery is set for 1:00 6/7/01 ; any opposition is due by 5/10/01; dft's reply is due by 5/31/01 filed ( by Judge Sharon L. Blackburn ) cm (KAM)
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Filing 4
ANSWER to complaint and counterclaim by defendant AL Power Company w/appear by atty(s) Steven G McKinney, Michael D Freeman, Lyle D Larson, R Bruce Barze Jr against plaintiff USA filed cs (KAM)
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Filing 3
MOTION by defendant AL Power Company to stay discovery filed cs (KAM)
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Filing 2
ACCEPTANCE of service for defendant AL Power Company by Steven F Casey on 1/23/01 filed (KAM)
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Filing 1
COMPLAINT filed, amount paid $ wv, (KAM)
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