USA v. AL Power Company, et al
Plaintiff: United States of America
Defendant: Alabama Power Company, CMS Energy, Ameren Corporation and Babcock Power Inc.
Respondent: Ameren Energy Generating Company, Ameren Energy Resources Generating Company, Electric Energy, Inc. and Union Electric Company d/b/a Ameren UE
Intervenor Plaintiff: Alabama Environmental Council
Case Number: 2:2001cv00152
Filed: January 12, 2001
Court: US District Court for the Northern District of Alabama
Office: Southern Office
Presiding Judge: Annemarie Carney Axon
Nature of Suit: Environmental Matters
Cause of Action: 42 U.S.C. ยง 7413 (b) Clean Air Act
Jury Demanded By: None
Docket Report

This docket was last retrieved on April 28, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 28, 2022 Opinion or Order 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)
April 28, 2022 Opinion or Order 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)
April 21, 2022 Opinion or Order 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)
April 20, 2022 Opinion or Order Filing 403 MOTION for Termination of the Modified Consent Decree by Alabama Power Company. (Moore, Carl)
April 20, 2022 Opinion or Order 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)
April 20, 2022 Opinion or Order Filing 401 NOTICE of Appearance by Carl Grady Moore, III on behalf of Alabama Power Company (Moore, Carl)
August 24, 2015 Opinion or Order Filing 400 ORDER MODIFYING CONSENT DECREE. Signed by Judge Virginia Emerson Hopkins on 8/24/2015. (AVC)
August 24, 2015 Opinion or Order Filing 399 ORDER granting #398 Motion to Enter Modified Consent Decree. Signed by Judge Virginia Emerson Hopkins on 8/24/2015. (AVC)
August 12, 2015 Opinion or Order Filing 398 MOTION to Enter Modified Consent Decree by United States of America. (Attachments: #1 Exhibit Proposed Order)(Beers, James)
June 25, 2015 Opinion or Order 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)
February 5, 2014 Opinion or Order 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)
December 26, 2013 Opinion or Order Filing 395 MANDATE of USCA as to #380 Notice of Appeal filed by United States of America. (Attachments: #1 Judgment)(JLC)
October 26, 2012 Opinion or Order 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)
April 16, 2012 Opinion or Order Filing 393 NOTICE by Alabama Power Company re #392 Notice (Other) Notice of Legal Authority Regarding United States' Proffer of Legal Opinions (Freeman, Michael)
April 12, 2012 Opinion or Order Filing 392 NOTICE by United States of America of Proffer (Attachments: #1 Exhibit 1)(Beers, James)
April 9, 2012 Opinion or Order 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)
April 9, 2012 Opinion or Order 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)
April 9, 2012 Opinion or Order 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)
March 7, 2012 Opinion or Order 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)
March 1, 2012 Opinion or Order ORDER granting #388 Motion to Substitute Attorney. Attorney Lloyd C Peeples, III terminated. Signed by Judge Virginia Emerson Hopkins on 3/1/12. (ACW)
February 27, 2012 Opinion or Order Filing 388 MOTION to Substitute Attorney by United States of America. (Peeples, Lloyd)
February 27, 2012 Opinion or Order 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)
February 24, 2012 Opinion or Order Filing 387 MOTION Briefing Schedule re #386 MOTION to Vacate Final Orders and Judgment by Alabama Power Company. (Freeman, Michael)
February 23, 2012 Opinion or Order 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)
January 17, 2012 Opinion or Order Filing 385 ORDER notice of disclosure of sale of shares. Signed by Judge Virginia Emerson Hopkins on 1/17/12. (SAC, )
December 14, 2011 Opinion or Order 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)
May 25, 2011 Opinion or Order Filing 384 TRANSCRIPT REQUEST by United States of America. (McLane, Bradford)
May 25, 2011 Opinion or Order Filing 383 TRANSCRIPT REQUEST by Alabama Environmental Council (Rogers, Gilbert)
May 20, 2011 Opinion or Order Filing 382 USCA Case Number 11-12000-C for #380 Notice of Appeal filed by United States of America. (BST, )
May 19, 2011 Opinion or Order Filing 381 USCA Case Number 11-12168-C and Notification for #379 Notice of Appeal filed by Alabama Environmental Council. (JLC, )
May 12, 2011 Opinion or Order 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, ).
May 12, 2011 Opinion or Order Transmission of Notice of Appeal, Memorandum Opinions, Order and Docket Sheet to US Court of Appeals re #380 Notice of Appeal. (JLC, )
May 11, 2011 Opinion or Order Transmission of Notice of Appeal, Memorandum Opinions, Order and Docket Sheet to US Court of Appeals re #379 Notice of Appeal. (JLC, )
May 10, 2011 Opinion or Order 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, ).
March 14, 2011 Opinion or Order 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, )
March 14, 2011 Opinion or Order 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)
March 14, 2011 Opinion or Order Filing 376 MEMORANDUM OPINION re Alabama Powers Motion to Strike. Signed by Judge Virginia Emerson Hopkins on 3/14/2011. (JLC, )
March 14, 2011 Opinion or Order 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, )
March 8, 2011 Opinion or Order Filing 373 NOTICE by United States of America of Filing Evidentiary Material (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2)(Beers, James)
March 4, 2011 Opinion or Order 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)
February 25, 2011 Opinion or Order Filing 371 Brief - Plaintiff United States' Supplemental Filing Addressing Matters as Directed by the Court at the February 18, 2011 Daubert Hearing. (McLane, Bradford)
February 25, 2011 Opinion or Order 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, )
February 21, 2011 Opinion or Order 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, )
February 18, 2011 Opinion or Order 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)
January 28, 2011 Opinion or Order Filing 365 NOTICE by United States of America of Filing Statement of Evidence Under Seal (Beers, James)
January 27, 2011 Opinion or Order ORDER GRANTING #364 MOTION to Withdraw as Attorney. Signed by Judge Virginia Emerson Hopkins on 1/27/2011. (JLC, )
January 26, 2011 Opinion or Order Filing 364 MOTION to Withdraw as Attorney by Alabama Power Company. (Casey, Steven)
January 25, 2011 Opinion or Order ORDER GRANTING #363 SEALED MOTION filed by Alabama Power Company. Signed by Judge Virginia Emerson Hopkins on 1/25/2011. (Hopkins, Virginia)
January 25, 2011 Opinion or Order 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)
January 25, 2011 Opinion or Order Minute Entry for proceedings held before Judge Virginia Emerson Hopkins: Telephone Conference held on 1/25/2011. (YMB)
January 24, 2011 Opinion or Order 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, )
January 24, 2011 Opinion or Order 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)
January 18, 2011 Opinion or Order Filing 361 NOTICE by Alabama Power Company of Witnesses for April Hearing (Gidiere, P)
January 12, 2011 Opinion or Order Filing 359 Evidentiary Material Ex. 1 to U.S. Response to Court's December 29, 2010 Order. (Beers, James)
January 12, 2011 Opinion or Order Filing 358 NOTICE by United States of America of Filing, Under Seal, Response to Court's December 29, 2010 Order (Beers, James)
January 11, 2011 Opinion or Order Filing 356 NOTICE by United States of America (Beers, James)
January 11, 2011 Opinion or Order 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)
January 10, 2011 Opinion or Order Filing 354 NOTICE by United States of America re #353 Order of January 10, 2011 (Hanson, Andrew)
January 10, 2011 Opinion or Order Filing 353 ORDER setting certain deadlines; directing clerk to terminate certain defendants. Signed by Judge Virginia Emerson Hopkins on 1/10/2011. (Hopkins, Virginia)
January 8, 2011 Opinion or Order 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, )
January 5, 2011 Opinion or Order Minute Entry for proceedings held before Judge Virginia Emerson Hopkins: Telephone Conference held on 1/5/2011. (Court Reporter Margaret Wasmund.) (YMB)
January 5, 2011 Opinion or Order 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)
January 4, 2011 Opinion or Order 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)
January 3, 2011 Opinion or Order 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, )
January 3, 2011 Opinion or Order 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)
January 3, 2011 Opinion or Order 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)
December 30, 2010 Opinion or Order Minute Entry for proceedings held before Judge Virginia Emerson Hopkins: Telephone Conference re pending motions hearing held on 12/30/2010. (YMB)
December 30, 2010 Opinion or Order 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)
December 30, 2010 Opinion or Order 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)
December 29, 2010 Opinion or Order 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)
December 28, 2010 Opinion or Order 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)
November 23, 2010 Opinion or Order 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)
November 23, 2010 Opinion or Order 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)
November 23, 2010 Opinion or Order 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)
November 23, 2010 Opinion or Order 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)
November 23, 2010 Opinion or Order 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)
November 23, 2010 Opinion or Order 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)
November 23, 2010 Opinion or Order 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)
November 23, 2010 Opinion or Order 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)
November 23, 2010 Opinion or Order 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)
November 23, 2010 Opinion or Order Filing 333 REPLY Brief filed by Defendant Alabama Power Company re: #284 MOTION for Partial Summary Judgment filed by Alabama Power Company. (Gidiere, P)
November 16, 2010 Opinion or Order 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)
November 4, 2010 Opinion or Order 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)
November 4, 2010 Opinion or Order Filing 323 NOTICE by Alabama Power Company of Filing Dispostive / Daubert Motion Responses (Gidiere, P)
November 4, 2010 Opinion or Order Filing 322 RESPONSE in Opposition re #284 MOTION for Partial Summary Judgment filed by United States of America. (McLane, Bradford)
November 4, 2010 Opinion or Order 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)
November 4, 2010 Opinion or Order 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)
November 3, 2010 Opinion or Order 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, )
November 2, 2010 Opinion or Order 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)
September 30, 2010 Opinion or Order 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)
September 30, 2010 Opinion or Order 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)
September 30, 2010 Opinion or Order Filing 307 MOTION for Summary Judgment on the Balanced Draft Conversion Project on Gorgas Unit 10 by United States of America. (McLane, Bradford)
September 30, 2010 Opinion or Order 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)
September 30, 2010 Opinion or Order 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)
September 30, 2010 Opinion or Order 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)
September 30, 2010 Opinion or Order 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)
September 30, 2010 Opinion or Order Filing 295 MOTION in Limine to Exclude Portions of the Expert Report and Testimony of Jerry Golden by United States of America. (McLane, Bradford)
September 30, 2010 Opinion or Order 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)
September 30, 2010 Opinion or Order Filing 293 Evidentiary Material re: #292 MOTION in Limine to Exclude on Daubert Grounds. (Gidiere, P)
September 30, 2010 Opinion or Order Filing 292 MOTION in Limine to Exclude on Daubert Grounds by Alabama Power Company. (Gidiere, P)
September 30, 2010 Opinion or Order 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)
September 30, 2010 Opinion or Order Filing 290 MOTION in Limine to Exclude the Expected Expert Testimony of Dr. Larry Monroe by United States of America. (McLane, Bradford)
September 30, 2010 Opinion or Order 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)
September 30, 2010 Opinion or Order 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)
September 30, 2010 Opinion or Order Filing 287 MOTION for Summary Judgment on the Demand Growth Exclusion by United States of America. (McLane, Bradford)
September 30, 2010 Opinion or Order 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)
September 30, 2010 Opinion or Order Filing 285 Brief re #284 MOTION for Partial Summary Judgment. (Gidiere, P)
September 30, 2010 Opinion or Order Filing 284 MOTION for Partial Summary Judgment by Alabama Power Company. (Gidiere, P)
September 28, 2010 Opinion or Order Filing 283 ORDER granting #281 Motion for Leave to File documents under seal. Signed by Judge Virginia Emerson Hopkins on 9/28/2010. (KAM, )
September 28, 2010 Opinion or Order Minute Entry for proceedings held before Judge Virginia Emerson Hopkins: Telephonic Status Conference re various pretrial matters held on 9/28/2010. (YMB)
September 27, 2010 Opinion or Order 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)
September 24, 2010 Opinion or Order Filing 281 Joint MOTION for Leave to File Documents Under Seal by United States of America. (McLane, Bradford)
September 2, 2010 Opinion or Order Filing 280 STIPULATION of Dismissal of Certain Claims, Counterclaims, and Defenses by United States of America. (Beers, James)
August 17, 2010 Opinion or Order 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, )
August 4, 2010 Opinion or Order Filing 278 Joint MOTION for Extension of Time of Certain Deadlines by Alabama Power Company. (Gidiere, P)
June 14, 2010 Opinion or Order 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, )
June 11, 2010 Opinion or Order Filing 276 Joint MOTION for Extension of Time to Exchange Final Witness Lists by United States of America. (McLane, Bradford)
May 14, 2010 Opinion or Order Filing 275 Joint MOTION for Extension of Certain Expert Discovery Deadlines re #274 Order, Terminate Motions,,,, by United States of America. (Hanson, Andrew)
May 14, 2010 Opinion or Order ORDER granting #275 Joint Motion for Extension of Deadlines. Signed by Judge Virginia Emerson Hopkins on 5/14/2010. (ANG)
March 19, 2010 Opinion or Order 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, )
March 19, 2010 Opinion or Order 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)
March 19, 2010 Opinion or Order 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)
March 17, 2010 Opinion or Order Minute Entry for proceedings held before Judge Virginia Emerson Hopkins: Telephone Conference re scheduling matters held on 3/17/2010. (YMB)
March 17, 2010 Opinion or Order 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)
March 16, 2010 Opinion or Order 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, ).
February 3, 2010 Opinion or Order 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, )
February 2, 2010 Opinion or Order Filing 271 Joint MOTION for Extension of Time to Complete Discovery to Extend Certain Expert Discovery Deadlines by Alabama Power Company. (Gidiere, P)
February 1, 2010 Opinion or Order Filing 270 NOTICE by United States of America of FRCP 34 Inspection of Premises (Hanson, Andrew)
December 21, 2009 Opinion or Order Filing 269 ORDER AMENDING PROTECTIVE ORDER as set out. Signed by Judge Virginia Emerson Hopkins on 12/21/09. (ASL )
December 18, 2009 Opinion or Order 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, ).
December 15, 2009 Opinion or Order 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, )
December 15, 2009 Opinion or Order 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, ).
December 15, 2009 Opinion or Order PHV Fee paid for John M. Mahon, Jr. in the amount of $50.00, receipt number B4601007979. (JLC, )
December 15, 2009 Opinion or Order ORDER granting #262 Motion for Leave to Appear contingent upon payment of fee. Signed by Judge Virginia Emerson Hopkins on 12/15/09. (ACW)
December 15, 2009 Opinion or Order 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)
December 14, 2009 Opinion or Order 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)
December 14, 2009 Opinion or Order Filing 264 NOTICE of Appearance by Thomas H Christopher on behalf of Siemens Energy Inc. (Christopher, Thomas)
December 14, 2009 Opinion or Order Filing 263 NOTICE by South Carolina Electric & Gas Company (Mahon, John)
December 14, 2009 Opinion or Order 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)
December 14, 2009 Opinion or Order ORDER granting #260 Motion for Leave to Appear. Signed by Judge Virginia Emerson Hopkins on 12/14/09. (ACW)
December 11, 2009 Opinion or Order Filing 261 NOTICE by Alstom Power Inc. of Request that CBI Documents be Included within Order Compelling Production (Wolinetz, Brian)
December 11, 2009 Opinion or Order Filing 260 MOTION for Leave to Appear Admission Pro Hac Vice by Alstom Power Inc.. (Wolinetz, Brian)
December 11, 2009 Opinion or Order PHV Fee paid for Brian L. Wolinetz in the amount of $50.00, receipt number B4601007883. (JLC, )
December 10, 2009 Opinion or Order Filing 259 NOTICE by Babcock Power Inc. Notice of Request That CBI Documents Be Included Within Order Compelling Production (Mercer, Robert)
December 10, 2009 Opinion or Order 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, ).
December 8, 2009 Opinion or Order Filing 257 ORDER denying #246 Motion for Extension of Time. Signed by Judge Virginia Emerson Hopkins on 12/8/2009. (Hopkins, Virginia)
December 8, 2009 Opinion or Order Filing 256 Opposition to re #246 Motion for Extension filed by United States of America. (Attachments: #1 Exhibit A)(Beers, James)
December 7, 2009 Opinion or Order Filing 255 NOTICE by CMS Energy Notice of Request that CBI Documents Be Included Within Order Compelling Production (Moore, J)
December 7, 2009 Opinion or Order Filing 254 NOTICE by NRG Energy, Inc. of Request that CBI Documents be Included Within Order Compelling Production (Hayslip, Victor)
December 7, 2009 Opinion or Order Filing 253 NOTICE by The Dayton Power & Light Co. of Request that CBI Documents be Included Within Order Compelling Production (Hayslip, Victor)
December 7, 2009 Opinion or Order 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, ).
December 4, 2009 Opinion or Order Filing 251 RESPONSE to re #247 , #248 Certification of Compliance with Court's December 2, 2009 Order filed by Alabama Power Company. (Taylor, Spencer)
December 3, 2009 Opinion or Order 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, )
December 2, 2009 Opinion or Order 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, )
December 2, 2009 Opinion or Order 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, )
December 2, 2009 Opinion or Order Filing 247 ORDER REQUIRING NOTICE re #220 MOTION to Compel. Signed by Judge Virginia Emerson Hopkins on 12/2/2009. (JLC, )
December 2, 2009 Opinion or Order 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)
December 2, 2009 Opinion or Order 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, ).
December 1, 2009 Opinion or Order 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)
November 28, 2009 Opinion or Order 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)
November 28, 2009 Opinion or Order 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)
November 25, 2009 Opinion or Order 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)
November 24, 2009 Opinion or Order PHV Fee paid for Jeffrey Kuhn in the amount of $50.00, receipt number B4601007321. (JLC, )
November 20, 2009 Opinion or Order 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, ).
November 20, 2009 Opinion or Order PHV Fee paid for John M. Holloway, III in the amount of $50.00, receipt number B4601007288. (JLC, )
November 18, 2009 Opinion or Order PHV Fee paid for Sarah Toevs Sullivan in the amount of $50.00, receipt number B4601007212. (JLC, )
November 18, 2009 Opinion or Order PHV Fee paid for Andrew C. Lillie in the amount of $50.00, receipt number B4601007187. (JLC, )
November 18, 2009 Opinion or Order 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)
November 17, 2009 Opinion or Order 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, ).
November 17, 2009 Opinion or Order ORDER granting #227 Motion for Leave to Appear contingent upon payment of fee. Signed by Judge Virginia Emerson Hopkins on 11/17/09. (ACW)
November 17, 2009 Opinion or Order ORDER granting #226 Motion for Leave to Appear contingent upon payment of fee. Signed by Judge Virginia Emerson Hopkins on 11/17/09. (ACW)
November 17, 2009 Opinion or Order ORDER granting #228 Motion for Leave to Appear contingent upon payment of fee. Signed by Judge Virginia Emerson Hopkins on 11/17/09. (ACW)
November 17, 2009 Opinion or Order ORDER granting #241 Motion for Leave to File. Signed by Judge Virginia Emerson Hopkins on 11/17/09. (ACW)
November 17, 2009 Opinion or Order ORDER granting #234 Motion for Leave to Appear contingent upon payment of fee. Signed by Judge Virginia Emerson Hopkins on 11/17/09. (ACW)
November 17, 2009 Opinion or Order ORDER granting #239 Motion for Leave to Appear contingent upon payment of fee. Signed by Judge Virginia Emerson Hopkins on 11/17/09. (ACW)
November 17, 2009 Opinion or Order ORDER granting #238 Motion for Leave to Appear contingent upon payment of fee. Signed by Judge Virginia Emerson Hopkins on 11/17/09. (ACW)
November 17, 2009 Opinion or Order ORDER granting #236 Motion for Leave to Appear contingent upon payment of fee. Signed by Judge Virginia Emerson Hopkins on 11/17/09. (ACW)
November 17, 2009 Opinion or Order PHV Fee paid for Stephen J. Bonebrake, Andrew N. Sawula and David M. Loring in the amount of $150.00, receipt number B4601007150. (JLC, )
November 16, 2009 Opinion or Order 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)
November 16, 2009 Opinion or Order Filing 240 Opposition to re #220 Alabama Power Company's Motion To Compel Production of Documents filed by PacifiCorp. (Smith, Alfred)
November 16, 2009 Opinion or Order Filing 239 MOTION for Leave to Appear Pro Hac Vice (Andrew C. Lillie) by PacifiCorp. (Smith, Alfred)
November 16, 2009 Opinion or Order 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)
November 16, 2009 Opinion or Order 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)
November 16, 2009 Opinion or Order Filing 236 MOTION for Leave to Appear Pro Hac Vice by Dynegy Inc.. (Kuhn, Jeffrey)
November 16, 2009 Opinion or Order Filing 235 RESPONSE to Motion re #220 MOTION to Compel filed by Dynegy Inc.. (Kuhn, Jeffrey)
November 16, 2009 Opinion or Order 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)
November 16, 2009 Opinion or Order 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)
November 16, 2009 Opinion or Order 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, ).
November 16, 2009 Opinion or Order 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)
November 16, 2009 Opinion or Order Filing 230 RESPONSE to Motion re #220 MOTION to Compel Production of Documents filed by Commonwealth Edison Company. (Mathews, Ellen)
November 16, 2009 Opinion or Order 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)
November 16, 2009 Opinion or Order Filing 228 MOTION for Leave to Appear Pro Hac Vice of Stephen J. Bonebrake by Midwest Generation EME, LLC. (Mathews, Ellen)
November 16, 2009 Opinion or Order Filing 227 MOTION for Leave to Appear Pro Hac Vice of David M. Loring by Midwest Generation EME, LLC. (Mathews, Ellen)
November 16, 2009 Opinion or Order Filing 226 MOTION for Leave to Appear Pro Hac Vice of Andrew N. Sawula by Midwest Generation EME, LLC. (Mathews, Ellen)
November 16, 2009 Opinion or Order Filing 225 NOTICE of Appearance by Ellen T Mathews on behalf of Midwest Generation EME, LLC (Mathews, Ellen)
November 13, 2009 Opinion or Order 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)
November 13, 2009 Opinion or Order 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)
November 5, 2009 Opinion or Order Filing 222 CERTIFICATION OF COMPLIANCE WITH COURT'S NOVEMBER 4 #221 ORDER by Alabama Power Company.(Freeman, Michael) Modified on 11/5/2009 (JLC, ).
November 4, 2009 Opinion or Order 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, )
November 3, 2009 Opinion or Order 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, ).
October 27, 2009 Opinion or Order 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, )
October 27, 2009 Opinion or Order 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, ).
October 25, 2009 Opinion or Order Filing 217 ORDER granting #216 Motion to Amend #78 Protective Order. Signed by Judge Virginia Emerson Hopkins on 10/25/2009. (Hopkins, Virginia)
October 23, 2009 Opinion or Order 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, ).
October 23, 2009 Opinion or Order ORDER granting #215 Motion for Limited Admission. Signed by Judge Virginia Emerson Hopkins on 10/23/09. (ACW)
October 21, 2009 Opinion or Order PHV Fee paid for Nash E. Long, III in the amount of $50.00, receipt number B4601006397. (JLC, )
October 20, 2009 Opinion or Order 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)
October 19, 2009 Opinion or Order 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)
October 16, 2009 Opinion or Order Filing 214 Notice of Plant Visits and Invitation to Participate by Alabama Power Company. (Freeman, Michael) Modified on 10/16/2009 (JLC, ).
October 15, 2009 Opinion or Order Filing 213 NOTICE of Appearance by T Thomas Cottingham, III on behalf of Alabama Power Company (Cottingham, T)
September 24, 2009 Opinion or Order ORDER GRANTING #212 MOTION to Withdraw as Attorney. Attorney Katherine Erin Konschnik terminated. Signed by Judge Virginia Emerson Hopkins on 9/24/2009. (JLC, )
September 23, 2009 Opinion or Order Filing 212 MOTION to Withdraw as Attorney by United States of America. (Hanson, Andrew)
September 23, 2009 Opinion or Order ORDER granting #211 Motion to Amend/Correct. (ACW)
September 22, 2009 Opinion or Order 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, ).
September 18, 2009 Opinion or Order Filing 210 NOTICE of Appearance by Justin Savage on behalf of United States of America (Savage, Justin)
July 9, 2009 Opinion or Order Filing 209 NOTICE of Appearance by Bradford T McLane on behalf of United States of America, United States of America (McLane, Bradford)
June 4, 2009 Opinion or Order Filing 208 NOTICE of Appearance by James Beers, Jr on behalf of United States of America (Beers, James)
June 3, 2009 Opinion or Order 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)
June 2, 2009 Opinion or Order 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, )
June 2, 2009 Opinion or Order 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, )
May 26, 2009 Opinion or Order Filing 206 Brief re #205 Joint MOTION for Extension of Time of Interim Litigation Deadlines (Supporting Memorandum). (Beers, James)
May 26, 2009 Opinion or Order 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)
February 10, 2009 Opinion or Order Filing 204 NOTICE of Appearance by Katherine Erin Konschnik on behalf of United States of America (Konschnik, Katherine)
December 29, 2008 Opinion or Order 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)
December 22, 2008 Opinion or Order Filing 203 NOTICE of Appearance by Katherine Erin Konschnik on behalf of United States of America (Konschnik, Katherine)
November 13, 2008 Opinion or Order Filing 202 NOTICE by United States of America Joint Status Report (Rosskam, David)
October 24, 2008 Opinion or Order 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)
October 22, 2008 Opinion or Order Filing 200 NOTICE by United States of America Joint Status Report (Rosskam, David)
October 9, 2008 Opinion or Order Filing 199 NOTICE by Alabama Power Company Joint Status Report and Discovery Plan (Barze, R)
October 9, 2008 Opinion or Order 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)
September 30, 2008 Opinion or Order 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)
September 10, 2008 Opinion or Order 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)
August 8, 2008 Opinion or Order 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)
August 5, 2008 Opinion or Order 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)
July 24, 2008 Opinion or Order 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, )
July 24, 2008 Opinion or Order 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)
February 25, 2008 Opinion or Order Filing 197 ORDER VACATING IN PART MEMORANDUM ON CORRECT LEGAL TESTS. Signed by Judge Virginia Emerson Hopkins on 2/25/2008. (JLC, )
February 14, 2008 Opinion or Order Filing 196 REPLY Brief filed by Defendant Alabama Power Company re: #193 MOTION for Summary Judgment filed by Alabama Power Company. (Gidiere, P)
February 4, 2008 Opinion or Order 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)
January 14, 2008 Opinion or Order Filing 194 Brief re #193 MOTION for Summary Judgment by Alabama Power Company. (Gidiere, P)
January 14, 2008 Opinion or Order Filing 193 MOTION for Summary Judgment by Alabama Power Company. (Gidiere, P)
December 26, 2007 Opinion or Order 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, )
October 5, 2007 Opinion or Order Filing 191 ORDER on Motion for Relief from Judgment. Signed by Judge Virginia Emerson Hopkins on 10/5/2007. (JLC, )
August 27, 2007 Opinion or Order 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)
August 13, 2007 Opinion or Order 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)
August 9, 2007 Opinion or Order 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, )
August 8, 2007 Opinion or Order Filing 187 NOTICE by Alabama Environmental Council of Withdrawal (Grode, M)
July 27, 2007 Opinion or Order 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, )
July 24, 2007 Opinion or Order 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)
July 23, 2007 Opinion or Order Filing 184 MOTION to Vacate #174 Judgment,, Terminate Motions, (Relief from Judgment per Rule 60(b)) by United States of America. (Rosskam, David)
July 3, 2007 Opinion or Order ORDER granting #183 Motion for Leave to Appear. Signed by Judge Virginia Emerson Hopkins on 7/3/07. (ACW)
July 2, 2007 Opinion or Order Filing 183 MOTION for Leave to Appear Pro Hac Vice by Alabama Environmental Council. (Attachments: #1 Proposed Order)(JLC, )
July 2, 2007 Opinion or Order PHV Fee paid for J. Blanding Holman, IV, in the amount of $50.00, receipt number 200 237729. (JLC, )
June 11, 2007 Opinion or Order 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, )
October 18, 2006 Opinion or Order USCA Case Number 06-15456FF for #180 Notice of Appeal filed by Alabama Environmental Council. (JLC, )
October 17, 2006 Opinion or Order Transmission of Notice of Appeal,Memorandum Opinion, Final Judgment and Docket Sheet to US Court of Appeals re #181 Notice of Appeal. (JLC, )
October 16, 2006 Opinion or Order Filing 181 NOTICE OF APPEAL as to #174 Judgment,, Terminate Motions, by United States of America. Filing fee $ 455. (Rosskam, David)
October 12, 2006 Opinion or Order Transmission of Notice of Appeal, Memorandum of Opinion, Final Judgment and Docket Sheet to US Court of Appeals re #180 Notice of Appeal (JLC, )
October 12, 2006 Opinion or Order 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, )
October 10, 2006 Opinion or Order Filing 180 NOTICE OF APPEAL as to #174 Judgment,, Terminate Motions, by Alabama Environmental Council. Filing fee $ 455. (Grode, M)
August 28, 2006 Opinion or Order 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, )
August 28, 2006 Opinion or Order 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, )
August 28, 2006 Opinion or Order 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)
August 25, 2006 Opinion or Order 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)
August 24, 2006 Opinion or Order 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)
August 14, 2006 Opinion or Order 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, )
August 14, 2006 Opinion or Order 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, )
August 14, 2006 Opinion or Order 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, )
July 25, 2006 Opinion or Order 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)
July 21, 2006 Opinion or Order ORDER granting #171 Motion. Signed by Judge Virginia Emerson Hopkins on 7/21/06. (ACW)
July 20, 2006 Opinion or Order 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)
July 19, 2006 Opinion or Order 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)
July 18, 2006 Opinion or Order 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)
July 18, 2006 Opinion or Order 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)
July 13, 2006 Opinion or Order Filing 168 MOTION to Strike Exhibits and Additional Facts Proffered by United States (164) by Alabama Power Company. (Gidiere, P)
July 11, 2006 Opinion or Order ORDER granting #167 Motion for Leave to File Excess Pages. Signed by Judge Virginia Emerson Hopkins on 7/11/06. (ACW)
July 10, 2006 Opinion or Order Filing 167 Consent MOTION for Leave to File Excess Pages in Reply Brief in Support of Summary Judgment by Alabama Power Company. (Gidiere, P)
July 7, 2006 Opinion or Order 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)
July 7, 2006 Opinion or Order 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, ).
July 7, 2006 Opinion or Order 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)
July 4, 2006 Opinion or Order ORDER granting #163 Motion for Leave to File Under Seal. Signed by Judge Virginia Emerson Hopkins on 7/4/2006. (Hopkins, Virginia)
June 30, 2006 Opinion or Order 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)
June 28, 2006 Opinion or Order 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, )
June 28, 2006 Opinion or Order 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)
June 19, 2006 Opinion or Order 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, )
June 8, 2006 Opinion or Order 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)
June 1, 2006 Opinion or Order 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)
May 31, 2006 Opinion or Order 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)
May 31, 2006 Opinion or Order 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)
April 24, 2006 Opinion or Order Filing 155 STIPULATION Stipulations by United States and Plaintiff Intervenor by Alabama Power Company. (Gidiere, P)
April 24, 2006 Opinion or Order 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)
April 24, 2006 Opinion or Order Filing 153 NOTICE by Alabama Power Company Notice of Filing Stipulations (Gidiere, P)
April 3, 2006 Opinion or Order 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)
March 31, 2006 Opinion or Order Filing 152 STATUS REPORT Joint Status Report and Request for Additional Time to Mediate by United States of America, Alabama Power Company. (Freeman, Michael)
March 1, 2006 Opinion or Order ORDER granting the Request for Additional Time to Mediate #151 . Signed by Judge Virginia Emerson Hopkins on 3/1/06. (ACW)
February 28, 2006 Opinion or Order Filing 151 STATUS REPORT Joint Status Report and Request for Additional Time to Mediate by Alabama Power Company. (Freeman, Michael)
January 12, 2006 Opinion or Order 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)
January 3, 2006 Opinion or Order Filing 150 Request by Mediator for Extension of Time. (JLC, )
January 3, 2006 Opinion or Order Filing 149 ORDER EXTENDING TIME FOR MEDIATION. Signed by Judge Virginia Emerson Hopkins on 1/3/2006. (JLC, )
January 3, 2006 Opinion or Order 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)
November 30, 2005 Opinion or Order Filing 148 Request for Extension of Time by Mediator (JLC, )
November 30, 2005 Opinion or Order Filing 147 ORDER EXTENDING TIME FOR MEDITATION as set out. Signed by Judge Virginia Emerson Hopkins on 11/30/2005. (JLC, )
October 13, 2005 Opinion or Order Filing 146 REQUEST FOR EXTENSION OF TIME by Mediator (JLC, )
October 13, 2005 Opinion or Order Filing 145 ORDER EXTENDING TIME FOR MEDIATION . Signed by Judge Virginia Emerson Hopkins on 10/13/2005. (JLC, )
September 9, 2005 Opinion or Order Filing 144 ORDER Extending Time for Mediation. Signed by Judge Virginia Emerson Hopkins on 9/9/2005. (JLC, )
June 29, 2005 Opinion or Order Filing 143 NOTICE by United States of America and Alabama Power - Joint Notice Regarding Development in D.C. Circuit (Attachments: #1 Attachment)(Freeman, Michael)
June 17, 2005 Opinion or Order 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, ).
June 15, 2005 Opinion or Order 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, )
June 8, 2005 Opinion or Order 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)
June 3, 2005 Opinion or Order 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, )
June 3, 2005 Opinion or Order Filing 140 MEMORANDUM OPINION ON CORRECT LEGAL TESTS. Signed by Judge Virginia Emerson Hopkins on 6/3/05. (JLC, )
June 3, 2005 Opinion or Order Case Stayed (JLC, )
June 2, 2005 Opinion or Order 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, )
May 26, 2005 Opinion or Order 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)
May 26, 2005 Opinion or Order Filing 137 MOTION for Summary Judgment Memorandum of Law in Support by Alabama Power Company. (Freeman, Michael)
May 26, 2005 Opinion or Order Filing 136 MOTION for Summary Judgment on the Miller Claims by Alabama Power Company. (Freeman, Michael)
May 23, 2005 Opinion or Order 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 )
May 20, 2005 Opinion or Order PHV Fee paid by Steven J. Hewitson $ 50.00, receipt number 200 215581. (JLC, )
May 19, 2005 Opinion or Order Filing 135 MOTION to Appoint Counsel Admission Pro Hac Vice by Alabama Power Company. (Taylor, Spencer)
May 19, 2005 Opinion or Order Filing 134 NOTICE by Alabama Power Company Notice of Substitution of Counsel (Taylor, Spencer)
April 22, 2005 Opinion or Order Filing 133 ANSWER to Counterclaim (Second) of Defendant by United States of America.(Rosskam, David)
April 6, 2005 Opinion or Order Filing 132 NOTICE by United States of America of Appearance and Withdrawal of Counsel (Rosskam, David)
March 30, 2005 Opinion or Order Filing 131 ORDER granting #129 Motion for Extension of Time. Signed by Judge Virginia Emerson Hopkins on 3/30/2005. (BJP)
March 23, 2005 Opinion or Order Filing 130 NOTICE by United States of America and Alabama Power Co. (Joint) Regarding Developments in Parallel Cases (Rosskam, David)
March 23, 2005 Opinion or Order 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)
March 10, 2005 Opinion or Order Filing 128 NOTICE by United States of America, Alabama Power Company (Joint) Regarding Developments in Parallel Case (Rosskam, David)
March 4, 2005 Opinion or Order Filing 127 AMENDED COMPLAINT per Doc. 121 (granting leave to file) against Alabama Power Company, filed by United States of America.(Rosskam, David)
March 1, 2005 Opinion or Order 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)
February 28, 2005 Opinion or Order 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)
February 25, 2005 Opinion or Order PHV Fee paid for M. James Grode: $ 50, receipt number 200 212891 (JLC, )
February 23, 2005 Opinion or Order Filing 125 AMENDED DOCUMENT by Alabama Environmental Council. Amendment to #124 MOTION for Limited Admission Pro Hac Vice Supplemental Certificate of Service. (Grode, M)
February 23, 2005 Opinion or Order Filing 124 MOTION for Limited Pro Hac Vice Admission of M. James Grode for Plaintiff-Intervenor, Alabama Environmental Council. (Grode, M)
February 23, 2005 Opinion or Order Filing 123 NOTICE of Appearance of P. Stephen Gidiere and Withdrawal of Lyle D. Larson on behalf of Alabama Power Company (Freeman, Michael)
February 18, 2005 Opinion or Order Filing 122 STATUS REPORT (Joint) on Miller Claims by United States of America, Alabama Power Company. (Rosskam, David)
February 17, 2005 Opinion or Order 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)
February 16, 2005 Opinion or Order 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)
February 7, 2005 Opinion or Order 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)
December 30, 2004 Opinion or Order 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)
December 27, 2004 Opinion or Order 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, )
December 22, 2004 Opinion or Order Filing 117 JOINT STATUS REPORT regarding efforts to resolve AL Power's objections by United States of America, Alabama Power Company. (DRR)
December 14, 2004 Opinion or Order Filing 116 NOTICE of objections to pla's discovery requests by Alabama Power Company (DRR)
November 24, 2004 Opinion or Order Filing 115 Brief filed by Alabama Power Company. (DRR)
November 1, 2004 Opinion or Order 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)
October 29, 2004 Opinion or Order Filing 111 MOTION by defendant AL Power Company to extend time to submit objection log to pla EPA for two weeks filed cs (DRR)
October 28, 2004 Opinion or Order Filing 113 SUBMISSION of discovery by counter-defendant USA to memorandum regarding correct legal test for determining "modification" filed cs (DRR)
October 28, 2004 Opinion or Order Filing 112 MEMORANDUM BRIEF by counter-defendant USA regarding correct legal test for determining a "modification" filed cs (DRR)
October 28, 2004 Opinion or Order Filing 110 SUBMISSION of discovery by defendant AL Power Company in support of response to USA brief on correct legal tests filed cs (DRR)
October 28, 2004 Opinion or Order 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)
October 28, 2004 Opinion or Order Filing 108 RESPONSE (CASES CITED) by defendant AL Power Company to USA brief on correct legal tests filed cs (DRR)
October 28, 2004 Opinion or Order Filing 107 RESPONSE by defendant AL Power Company to USA brief on correct legal tests [101-1] filed cs (DRR)
October 28, 2004 Opinion or Order Filing 106 RESPONSE BRIEF (CORRECTED) by intervenor-plaintiff AL Environmental on the correct legal tests filed cs (DRR)
October 28, 2004 Opinion or Order Filing 105 SUBMISSION (ATTACHMENTS) of discovery by intervenor-plaintiff AL Environmental to response brief on the correct legal tests filed cs (DRR)
October 28, 2004 Opinion or Order Filing 104 REPONSE BRIEF by intervenor-plaintiff AL Environmental on the correct legal tests filed cs (DRR)
October 18, 2004 Opinion or Order Filing 103 BRIEF on correct legal tests (vol 1-4) separately bound by defendant AL Power Company filed (MAA)
October 13, 2004 Opinion or Order Filing 102 SUBMISSION of discovery by counter-defendant USA regarding memorandum of correct legal tests filed cs (DRR)
October 13, 2004 Opinion or Order Filing 101 BRIEF by counter-defendant USA regarding correct legal tests filed cs (DRR)
October 13, 2004 Opinion or Order 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)
October 13, 2004 Opinion or Order Filing 99 BRIEF by defendant AL Power Company on the correct legal tests filed cs (DRR)
October 13, 2004 Opinion or Order Filing 98 TRANSCRIPT of proceedings had before Judge Virginia E. Hopkins on 10/6/04 , filed - Court Reporter Julie A. Martin (DRR)
October 13, 2004 Opinion or Order Filing 97 SUBMISSION of discovery (ATTACHMENTS) to brief on correct legal tests [96-1] by intervenor-plaintiff AL Environmental filed cs (DRR)
October 13, 2004 Opinion or Order 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)
October 12, 2004 Opinion or Order Filing 95 TRANSCRIPT of proceedings had before Judge Virginia E. Hopkins on 10/6/04 , filed - Court Reporter Julie A. Martin (DRR)
October 12, 2004 Opinion or Order 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)
October 6, 2004 Opinion or Order 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)
October 6, 2004 Opinion or Order 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)
October 6, 2004 Opinion or Order 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)
October 1, 2004 Opinion or Order Filing 91 87 - ORDER granting motion for leave to file reply brief [87-1] ( by Judge Virginia E. Hopkins ) entered cm (DRR)
October 1, 2004 Opinion or Order Filing 90 MOTION by defendant for expedited hearing of motion to compel filed cs (DRR)
October 1, 2004 Opinion or Order Filing 89 MOTION by defendant to compel production of documents withheld solely on the basis of the deliberative process privilege filed cs (DRR)
September 29, 2004 Opinion or Order Filing 88 MEMORANDUM REPLY BRIEF by plaintiff USA regarding scope of gov't deliberative process privilege filed cs (DRR)
September 29, 2004 Opinion or Order Filing 87 MOTION by plaintiff USA for leave to file reply brief filed cs (DRR)
September 29, 2004 Opinion or Order Filing 86 85 - ORDER granting motion to withdraw attorney Minda Riley Campbell [85-1] ( by Judge Virginia E. Hopkins ) entered cm (DRR)
September 27, 2004 Opinion or Order 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
September 24, 2004 Opinion or Order 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)
September 23, 2004 Opinion or Order 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)
September 22, 2004 Opinion or Order PRO HAC VICE admission fee paid on 9/22/04 receipt # 200 207821 (DRR)
September 21, 2004 Opinion or Order Filing 82 MOTION by defendant AL Power Company for attorney Margaret Campbell to appear pro hac vice filed cs (DRR)
September 21, 2004 Opinion or Order Filing 81 Report of Parties (form 35) of compliance with FRCP 26 filed cs (DRR)
September 20, 2004 Opinion or Order Filing 80 RESPONSE by defendant AL Power Company to USA's memorandum brief on the deliberative process privilege [74-1] filed cs (DRR)
September 13, 2004 Opinion or Order 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)
September 13, 2004 Opinion or Order Filing 78 PROTECTIVE ORDER regarding disclosure of confidential material as set out in this order filed ( by Judge Virginia E. Hopkins ) cm (ASL)
September 13, 2004 Opinion or Order 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)
September 8, 2004 Opinion or Order Filing 76 MOTION by defendant AL Power Company for protective order filed cs (DRR)
September 7, 2004 Opinion or Order Filing 75 JOINT RESPONSE by defendant, plaintiff to court's order of 8/5/04 [68-2] filed cs (DRR)
September 7, 2004 Opinion or Order Filing 74 MEMORANDUM BRIEF by plaintiff USA regarding the deliberative process privilege filed cs (DRR)
September 3, 2004 Opinion or Order Filing 73 BRIEF by plaintiff USA in support of motion for protective order, with exhs att, filed cs (Former Employee)
September 3, 2004 Opinion or Order Filing 72 MOTION by plaintiff USA for protective order with exh att, filed cs (Former Employee)
August 18, 2004 Opinion or Order Filing 71 RESPONSE by defendant AL Power Company to court's order [68-2] filed cs (DRR)
August 18, 2004 Opinion or Order Filing 70 BRIEF by plaintiff USA regarding WEPCO and MEAD decisions filed cs (DRR)
August 13, 2004 Opinion or Order Filing 69 NOTICE regarding applicable regulations for plas' PSD allegations filed by plaintiff USA cs (DRR)
August 5, 2004 Opinion or Order 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)
August 4, 2004 Opinion or Order 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)
August 4, 2004 Opinion or Order 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)
August 3, 2004 Opinion or Order DOCKET modification (utility event) terminating motion for order to lift stay [48-1]; see doc #57 (DRR)
August 2, 2004 Opinion or Order 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)
August 2, 2004 Opinion or Order Filing 64 RESPONSE by plaintiffs, defendants, counter-claimants, counter-defendants, intervenor-plaintiff to court's order [62-1] filed cs (DRR)
August 2, 2004 Opinion or Order PRO HAC VICE admission fee paid on 8/2/04 receipt # 200 206014 (DRR)
July 29, 2004 Opinion or Order Filing 63 MOTION by plaintiff to substitute attorney Lloyd C. Peeples filed cs (DRR)
July 27, 2004 Opinion or Order Filing 62 ORDER REGARDING SCHEDULING MATTERS filed ( by Judge Virginia E. Hopkins ) cm (DRR)
July 19, 2004 Opinion or Order 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)
July 13, 2004 Opinion or Order Filing 60 Report of Parties (form 35) of compliance with FRCP 26 filed cs (DRR) Modified on 07/14/2004
June 29, 2004 Opinion or Order 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)
June 28, 2004 Opinion or Order Filing 58 NOTICE of reassignment Case reassigned to Judge Virginia E. Hopkins ; use CV-01-BE-152-S on all subsequent pldgs cm (KLL)
June 16, 2004 Opinion or Order 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)
June 2, 2004 Opinion or Order 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)
June 2, 2004 Opinion or Order 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)
June 2, 2004 Opinion or Order DOCKET modification (utility event) withdrawing attorney Mary Maclean Asbill for AL Environmental per doc #56 (KLL)
June 1, 2004 Opinion or Order Filing 54 MOTION by intervenor-plaintiff AL Environmental to substitute attorney Gilbert B. Rogers for Mary Maclean Asbill filed cs (DRR)
June 1, 2004 Opinion or Order Filing 53 MOTION by intervenor-plaintiff AL Environmental for attorney Gilbert B. Rogers to appear pro hac vice filed cs (DRR)
June 1, 2004 Opinion or Order PRO HAC VICE admission fee paid on 6/1/04 receipt #200 203934 (DRR)
May 10, 2004 Opinion or Order Filing 52 JOINT MOTION (request) by parties for order to lift stay and place case on court's active docket filed cs (KLL)
March 10, 2004 Opinion or Order Filing 51 BRIEF (Reply) in support of motion to terminate stay by pla/counter-dft filed cs (KLL)
March 3, 2004 Opinion or Order Filing 50 OPPOSITION by dft/counter-claimant to motion for order to lift stay [48-1] filed cs (KLL)
February 18, 2004 Opinion or Order 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)
February 13, 2004 Opinion or Order Filing 48 MOTION by pla for order to lift stay filed w/notice of filing petition for writ of certiorari att therein cs (KLL)
January 8, 2004 Opinion or Order 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)
December 12, 2003 Opinion or Order Filing 46 NOTICE of order extending time to file a petition for a writ of certiorari filed by dft/counter-claimant cs (KLL)
October 6, 2003 Opinion or Order Filing 45 44 - ORDER granting request for continuance of stay an additional 90 days [44-1] ( by Judge Karon O. Bowdre ) entered cm (KAM)
September 23, 2003 Opinion or Order Filing 44 Notice of 11th Circuit decision and Joint REQUEST by defendant, pla for continuance of stay filed cs (KWC)
August 28, 2003 Opinion or Order 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)
August 19, 2003 Opinion or Order Filing 42 NOTICE filed by plaintiff USA of petition for rehearing en banc and parties' positions concerning stay cs (KWC)
July 10, 2003 Opinion or Order Filing 41 40 - ORDER granting request that stay be extended (filed w/in notice) [40-1] ( by Judge Karon O. Bowdre ) entered cm (KWC)
July 3, 2003 Opinion or Order Filing 40 NOTICE of 11th Circuit decision and request filed by plaintiff, defendant, intervenor-plaintiff cs (KWC)
May 7, 2003 Opinion or Order Filing 39 38- ORDER granting stay request [38-1]; counsel to report status in 90 days ( by Judge Karon O. Bowdre ) entered cm (KWC)
May 6, 2003 Opinion or Order 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)
February 6, 2003 Opinion or Order 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)
February 4, 2003 Opinion or Order Filing 36 Joint report and MOTION by plaintiff USA, defendant AL Power Company to stay filed cs (KWC)
November 4, 2002 Opinion or Order Filing 35 34 - ORDER granting motion to stay [34-1] report due by 2/4/03 ( by Judge Karon O. Bowdre ) entered cm (MAA)
October 30, 2002 Opinion or Order Filing 34 MOTION (joint) by plaintiff, defendant to stay with status report thereon filed cs (MAA)
July 30, 2002 Opinion or Order 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)
July 29, 2002 Opinion or Order Filing 32 Joint report and MOTION by pla USA, dft AL Power Company to stay for 90 addt'l days filed cs (KWC)
April 29, 2002 Opinion or Order 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)
April 24, 2002 Opinion or Order Filing 30 Joint Position statement (MOTION) by pla USA, dft AL Power Company to extend stay filed cs (KWC)
January 24, 2002 Opinion or Order 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)
January 22, 2002 Opinion or Order Filing 28 NOTICE of COMPLIANCE (JOINT STATUS REPORT) by parties with Court's Order [27-2] filed cs (SRJ)
December 12, 2001 Opinion or Order 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)
December 3, 2001 Opinion or Order 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)
November 20, 2001 Opinion or Order 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)
November 15, 2001 Opinion or Order Filing 24 NOTICE of reassignment Case reassigned to Judge Karon O. Bowdre cm (KAM)
November 13, 2001 Opinion or Order 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)
November 13, 2001 Opinion or Order Filing 22 NOTICE of ruling by Judicial Panel on Multidistrict Litigation and suggestion for limited dissolution of stay filed by plaintiff USA cs (KAM)
November 13, 2001 Opinion or Order 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)
September 20, 2001 Opinion or Order 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)
September 19, 2001 Opinion or Order 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)
August 24, 2001 Opinion or Order 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)
June 28, 2001 Opinion or Order 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)
May 29, 2001 Opinion or Order 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)
May 29, 2001 Opinion or Order 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)
May 29, 2001 Opinion or Order Filing 14 BRIEF by intervenor-plaintiff AL Environmental in support of motion to intervene filed cs (filed at the direction of the court) (KAM)
May 29, 2001 Opinion or Order 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)
May 22, 2001 Opinion or Order Filing 11 ANSWER by counter-defendant USA to counterclaim filed cs (KAM)
May 21, 2001 Opinion or Order Filing 12 MOTION by plaintiff USA, defendant AL Power Company, intervenor-plaintiff AL Environmental allowing AL Environmental Council Inc to intervene filed cs (KAM)
May 14, 2001 Opinion or Order Filing 10 NOTICE of filing motion to transfer with the MDL Panel filed by plaintiff USA cs (KAM)
May 10, 2001 Opinion or Order Filing 9 RESPONSE by plaintiff USA motion to stay discovery [3-1] filed cs (KAM)
April 26, 2001 Opinion or Order Filing 8 MOTION by intervenor-plaintiff AL Environmental for attorney Jeffrey M. Gleason to appear pro hac vice filed cs (KAM)
April 26, 2001 Opinion or Order Filing 7 MOTION by intervenor-plaintiff AL Environmental for attorney Mary Maclean Asbill to appear pro hac vice filed cs (KAM)
April 26, 2001 Opinion or Order PRO HAC VICE admission fee paid on 4/26/01 receipt # 200 163726 in the amount of $50 (KAM)
April 26, 2001 Opinion or Order PRO HAC VICE admission fee paid on 4/26/01 receipt # 200 163720 in the amount of $50.00 (KAM)
April 26, 2001 Opinion or Order Filing 6 MOTION by intervenor-plaintiff AL Environmental to intervene filed cs (KAM)
April 11, 2001 Opinion or Order 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)
March 20, 2001 Opinion or Order 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)
March 20, 2001 Opinion or Order Filing 3 MOTION by defendant AL Power Company to stay discovery filed cs (KAM)
January 24, 2001 Opinion or Order Filing 2 ACCEPTANCE of service for defendant AL Power Company by Steven F Casey on 1/23/01 filed (KAM)
January 12, 2001 Opinion or Order Filing 1 COMPLAINT filed, amount paid $ wv, (KAM)

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Search for this case: USA v. AL Power Company, et al
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Plaintiff: United States of America
Represented By: Prim F. Escalona, US Attorney
Represented By: Lois J Schiffer
Represented By: Richard M Gladstein
Represented By: Andrew Carter Hanson
Represented By: Bradford T McLane
Represented By: Deborah N Behles
Represented By: James Beers, Jr
Represented By: James Lofton
Represented By: Justin Savage
Represented By: Lane H Woodke
Represented By: David Rosskam
Represented By: James R MacAyeal
Represented By: John Charles Bell
Represented By: Katherine Erin Konschnik
Represented By: Lloyd C Peeples, III
Represented By: Thomas L Sansonetti
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Intervenor plaintiff: Alabama Environmental Council
Represented By: J Blanding Holman, IV
Represented By: M James Grode
Represented By: Gilbert B Rogers
Represented By: Jeffrey M Gleason
Represented By: Mary Maclean Asbill
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Defendant: Alabama Power Company
Represented By: Philip Stephen Gidiere, III
Represented By: Carl Grady Moore, III
Represented By: Nash E Long, III
Represented By: Spencer M Taylor
Represented By: Steven J Hewitson
Represented By: T Thomas Cottingham, III
Represented By: Daniel S Reinhardt
Represented By: Lyle David Larson
Represented By: Margaret Claiborne Campbell
Represented By: Marshall B Barton
Represented By: Michael D Freeman
Represented By: Minda Riley Campbell
Represented By: R Bruce Barze, Jr
Represented By: Steven Frank Casey
Represented By: Steven G McKinney
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Defendant: CMS Energy
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Defendant: Ameren Corporation
Represented By: David M Loring
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Defendant: Babcock Power Inc.
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Respondent: Ameren Energy Generating Company
Represented By: David M Loring
Represented By: Sarah Toevs Sullivan
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Respondent: Ameren Energy Resources Generating Company
Represented By: David M Loring
Represented By: Sarah Toevs Sullivan
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Respondent: Electric Energy, Inc.
Represented By: David M Loring
Represented By: Sarah Toevs Sullivan
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Respondent: Union Electric Company d/b/a Ameren UE
Represented By: Sarah Toevs Sullivan
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