Winding Creek Solar LLC et al v. Pacific Gas and Electric Company et al
| Winding Creek Solar LLC, Allco Renewable Energy Limited, Hollister Solar LLC, Foothill Solar LLC, Kettleman Solar LLC, Bear Creek Solar LLC and Vintner Solar LLC |
| Pacific Gas and Electric Company and PG&E Corporation |
| 3:2019ap03049 |
| October 20, 2019 |
| U.S. Bankruptcy Court for the Northern District of California |
| Dennis Montali |
| Other |
Docket Report
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This docket was last retrieved on August 20, 2021. A more recent docket listing may be available from PACER.
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| Adversary Case Closed 3:19-ap-3049. (myt) |
| Filing 40 Final Order Affirming Bankruptcy Court's Ruling on Motion to Dismiss By District Court Judge Haywood S. Gilliam, Jr., Re: Appeal on Civil Action Number: 20-cv-02602, AFFIRM (RE: related document(s)#26 Notice of Appeal and Statement of Election filed by Plaintiff Winding Creek Solar LLC, Plaintiff Bear Creek Solar LLC, Plaintiff Vintner Solar LLC, Plaintiff Kettleman Solar LLC, Plaintiff Hollister Solar LLC, Plaintiff Foothill Solar LLC, Plaintiff Allco Renewable Energy Limited). Case Management Action due after 8/18/2021. (lp) |
| Filing 39 Notice Regarding Change in Counsel Filed by Plaintiffs Allco Renewable Energy Limited, Bear Creek Solar LLC, Foothill Solar LLC, Hollister Solar LLC, Kettleman Solar LLC, Vintner Solar LLC, Winding Creek Solar LLC. (Rizzardi, John) |
| Filing 38 Non-Final Order By District Court Judge Haywood S. Gilliam, Jr., Re: Appeal on Civil Action Number: 20-cv-02602-HSG, Granting Stipulated Motion to Extend Deadline to File Appellants' Reply Brief (RE: related document(s)#26 Notice of Appeal and Statement of Election filed by Plaintiff Winding Creek Solar LLC, Plaintiff Bear Creek Solar LLC, Plaintiff Vintner Solar LLC, Plaintiff Kettleman Solar LLC, Plaintiff Hollister Solar LLC, Plaintiff Foothill Solar LLC, Plaintiff Allco Renewable Energy Limited). (dc) |
| Filing 37 Transmission of Document (Correction of Transmittal) on Appeal to District Court. District Court Case No.: 20-cv-02602-HSG (RE: related document(s)#36 Transmission of Record on Appeal to District Court). (dc) |
| Filing 36 Transmission of Record on Appeal to District Court, District Court Case No. 20-cv-02602-HSG (RE: related document(s)#26 Notice of Appeal and Statement of Election filed by Plaintiff Winding Creek Solar LLC, Plaintiff Bear Creek Solar LLC, Plaintiff Vintner Solar LLC, Plaintiff Kettleman Solar LLC, Plaintiff Hollister Solar LLC, Plaintiff Foothill Solar LLC, Plaintiff Allco Renewable Energy Limited, #32 Statement of Issues on Appeal filed by Plaintiff Winding Creek Solar LLC, Plaintiff Bear Creek Solar LLC, Plaintiff Vintner Solar LLC, Plaintiff Kettleman Solar LLC, Plaintiff Hollister Solar LLC, Plaintiff Foothill Solar LLC, Plaintiff Allco Renewable Energy Limited, Appellant Designation, Certification of No Transcript Ordered, #33 Appellee Designation filed by Defendant Pacific Gas and Electric Company, #35 Certificate of Record). (Attachments: #1 Docket Report #2 Certificate of Record #3 Appellant Designations #4 Appellee's Designations) (dc) Modified on 6/3/2020 NOTE: Clerk modified docket text (dc). |
| Filing 35 Certificate of Record Re: District Court Case No. 20-cv-02602-HSG (RE: related document(s)#26 Notice of Appeal and Statement of Election filed by Plaintiff Winding Creek Solar LLC, Plaintiff Bear Creek Solar LLC, Plaintiff Vintner Solar LLC, Plaintiff Kettleman Solar LLC, Plaintiff Hollister Solar LLC, Plaintiff Foothill Solar LLC, Plaintiff Allco Renewable Energy Limited). (dc) |
| Filing 34 Certificate of Service of Jamie B. Herszaft Regarding Appellee's Response to Appellants' Statement of Issues, Designation of Additional Items to be Included in the Record Filed by Other Prof. Prime Clerk LLC (related document(s)#33 Appellee Designation). (Baer, Herb) |
| Filing 33 Appellee Designation of Contents for Inclusion in Record of Appeal Appellee's Response to Appellants' Statement of Issues, Designation of Additional Items to Be Included in the Record (RE: related document(s)#26 Notice of Appeal and Statement of Election filed by Plaintiff Winding Creek Solar LLC, Plaintiff Bear Creek Solar LLC, Plaintiff Vintner Solar LLC, Plaintiff Kettleman Solar LLC, Plaintiff Hollister Solar LLC, Plaintiff Foothill Solar LLC, Plaintiff Allco Renewable Energy Limited). Filed by Defendant Pacific Gas and Electric Company (Rupp, Thomas) |
| Filing 32 Statement of Issues on Appeal,, Appellant Designation of Contents For Inclusion in Record On Appeal , Certification of No Transcript Ordered (RE: related document(s)#26 Notice of Appeal and Statement of Election filed by Plaintiff Winding Creek Solar LLC, Plaintiff Bear Creek Solar LLC, Plaintiff Vintner Solar LLC, Plaintiff Kettleman Solar LLC, Plaintiff Hollister Solar LLC, Plaintiff Foothill Solar LLC, Plaintiff Allco Renewable Energy Limited). Appellee designation due by 05/11/2020. Filed by Plaintiffs Allco Renewable Energy Limited, Bear Creek Solar LLC, Foothill Solar LLC, Hollister Solar LLC, Kettleman Solar LLC, Vintner Solar LLC, Winding Creek Solar LLC (Rizzardi, John) |
| Filing 31 Certificate of Service of Alain B. Francoeur Regarding Order Resolving the Utility's Motion to Dismiss, Notice of Appeal and Statement of Election to Have Appeal Heard by District Court Filed by Other Prof. Prime Clerk LLC (related document(s)#24 Order on Stipulation, #26 Notice of Appeal and Statement of Election). (Baer, Herb) |
| Filing 30 Acknowledgment of Receipt by District Court of Notice of Appeal to District Court. Case Number: 4:20-cv-02602-HSG (RE: related document(s)#26 Notice of Appeal and Statement of Election filed by Plaintiff Winding Creek Solar LLC, Plaintiff Bear Creek Solar LLC, Plaintiff Vintner Solar LLC, Plaintiff Kettleman Solar LLC, Plaintiff Hollister Solar LLC, Plaintiff Foothill Solar LLC, Plaintiff Allco Renewable Energy Limited). (dc) |
| Filing 29 Transmission of Notice of Appeal to District Court (RE: related document(s) Judge Docket Order, #24 Order Resolving the Utility's Motion to Dismiss, #26 Notice of Appeal and Statement of Election filed by Plaintiff Winding Creek Solar LLC, Plaintiff Bear Creek Solar LLC, Plaintiff Vintner Solar LLC, Plaintiff Kettleman Solar LLC, Plaintiff Hollister Solar LLC, Plaintiff Foothill Solar LLC, Plaintiff Allco Renewable Energy Limited, #28 Court Certificate of Mailing). (Attachments: #1 Notice of Appeal and Statement of Election #2 Court Certificate of Mailing #3 Court Docket Sheet #4 Order Resolving the Utility's Motion to Dismiss) (dc) |
| Filing 28 Courts Certificate of Mailing. Number of notices mailed: 6 (RE: related document(s)#24 Order Resolving the Utility's Motion to Dismiss, #26 Notice of Appeal and Statement of Election filed by Plaintiff Winding Creek Solar LLC, Plaintiff Bear Creek Solar LLC, Plaintiff Vintner Solar LLC, Plaintiff Kettleman Solar LLC, Plaintiff Hollister Solar LLC, Plaintiff Foothill Solar LLC, Plaintiff Allco Renewable Energy Limited). (dc) |
Filing 27
Order Reopening Case Case Management Action due after 5/14/2020. (lp)
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| Filing 26 Notice of Appeal and Statement of Election , Fee Amount $ 298. (RE: related document(s) Judge Docket Order, #24 Order on Stipulation). Appellant Designation due by 04/27/2020. Transmission to District Court due by 05/13/2020. (Attachments: #1 Annex A #2 Annex B) Filed by Plaintiffs Allco Renewable Energy Limited, Bear Creek Solar LLC, Foothill Solar LLC, Hollister Solar LLC, Kettleman Solar LLC, Vintner Solar LLC, Winding Creek Solar LLC (Rizzardi, John) |
| Receipt of filing fee for Notice of Appeal and Statement of Election(19-03049) [appeal,ntcaplel] ( 298.00). Receipt number 30435639, amount $ 298.00 (re: Doc#26 Notice of Appeal and Statement of Election) (U.S. Treasury) |
| Filing 25 Certificate of Service of Sonia Akter Regarding Stipulation and Agreement for Order Resolving the Utility's Motion to Dismiss Filed by Other Prof. Prime Clerk LLC (related document(s)#23 Stipulation for Miscellaneous Relief). (Baer, Herb) |
| Adversary Case Closed 3:19-ap-3049. (dc) |
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Filing 24
Order Resolving the Utility's Motion to Dismiss (RE: related document(s)#8 Motion to Dismiss Adversary Proceeding filed by Defendant Pacific Gas and Electric Company, #23 Stipulation for Miscellaneous Relief filed by Defendant Pacific Gas and Electric Company). (lp)
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| Filing 23 Stipulation, and Agreement for Order Resolving the Utility's Motion to Dismiss Filed by Defendant Pacific Gas and Electric Company (RE: related document(s)#8 Motion to Dismiss Adversary Proceeding filed by Defendant Pacific Gas and Electric Company). (Rupp, Thomas) |
| Hearing Dropped. The hearing on 4/7/20 at 10:00 am is dropped from the calendar per the stipulation, dkt #23, filed on 3/27/20. (related document(s): #8 Motion to Dismiss Adversary Proceeding filed by Pacific Gas and Electric Company) (lp) |
| Hearing Continued - Continued per agreement of the parties. (related document(s): #8 Motion to Dismiss Adversary Proceeding filed by Pacific Gas and Electric Company) Hearing scheduled for 04/07/2020 at 10:00 AM at San Francisco Courtroom 17 - Montali. (bg) |
| DOCKET TEXT ORDER (no separate order issued:) TENTATIVE RULING ON MOTION TO DISMISS: GRANT, WITHOUT LEAVE TO AMEND. The first cause of action is based upon prepetition events and should not have been brought as part of an adversary proceeding. Herndon, decided by this court, and other cases cited by Defendants, control. That Plaintiffs have also apparently filed proofs of claim makes the court wonder why they would duplicate their effort in this AP. Even assuming that the second cause of action is procedurally permissible, and Without dealing with or deciding whether plaintiffs may maintain a private cause of action or whether the Primary Jurisdiction Doctrine controls, there is no getting around that this court is neither a proxy for FERC and/or the CPUC or that it can take the place of a state court. The argument set forth by Plaintiffs at 8:14 - 10:13 properly explains why the state courts have a role to play; their unsupported statement at 1:15-21 that the automatic stay prevents them filing suit in state court and this court is proper is more than unpersuasive. It is incorrect. If counsel for Plaintiffs accept this tentative ruling, they should notify opposing counsel and the courtroom deputy, Mr. Ben Gapuz (Benjamin_Gapuz@CANB.USCourts.Gov) no later than noon on March 24, 2020, in which case the matter will be dropped from the March 25, 10:00 AM calendar and counsel for Defendants should serve and upload an order granting the Motion to Dismiss for the reasons stated in this tentative ruling. If Plaintiffs do not accept the tentative, each side will have twenty minutes for oral argument, including time for rebuttal by Defendants. The hearing will be by telephone only. See ND Cal Bankruptcy Court General Order 38 at http://www.canb.uscourts.gov/. (RE: related document(s)#8 Motion to Dismiss Adversary Proceeding filed by Defendant Pacific Gas and Electric Company). (Montali, Dennis) |
| Filing 22 BNC Certificate of Mailing (RE: related document(s) #21 Notice). Notice Date 03/18/2020. (Admin.) |
| Filing 21 Statement Concerning Chambers and Courtroom Operations Through April 17, 2020(Admin.) |
| Filing 20 Request To Take Judicial Notice in Support of the Utility's Reply in Further Support of its Motion to Dismiss (RE: related document(s)#8 Motion to Dismiss Adversary Proceeding, #19 Reply). Filed by Defendant Pacific Gas and Electric Company (Attachments: #1 Exhibit A) (Rupp, Thomas) |
| Filing 19 Reply The Utility's Reply in Further Support of its Motion to Dismiss; Memorandum of Points and Authorities in Support (RE: related document(s)#8 Motion to Dismiss Adversary Proceeding). Filed by Defendant Pacific Gas and Electric Company (Rupp, Thomas) |
| Filing 18 Brief/Memorandum in Opposition to PG&E's Motion to Dismiss Complaint (RE: related document(s)#8 Motion to Dismiss Adversary Proceeding). Filed by Plaintiffs Allco Renewable Energy Limited, Bear Creek Solar LLC, Foothill Solar LLC, Hollister Solar LLC, Kettleman Solar LLC, Vintner Solar LLC, Winding Creek Solar LLC (Young, Christopher) |
| Hearing Continued. The hearing on 2/26/20 regarding The Utility's Motion to Dismiss, or, In the Alternative, Stay Adversary Proceeding is continued to 3/25/20 at 10:00 am per the Order Approving Second Stipulation, dkt #17, filed on 2/5/20. (related document(s): #8 Motion to Dismiss Adversary Proceeding filed by Pacific Gas and Electric Company) Hearing scheduled for 03/25/2020 at 10:00 AM at San Francisco Courtroom 17 - Montali. (lp) |
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Filing 17
Order Approving Second Stipulation and Agreement for Order Continuing Hearing (RE: related document(s)#16 Stipulation to Continue Hearing filed by Plaintiff Winding Creek Solar LLC, Plaintiff Bear Creek Solar LLC, Plaintiff Vintner Solar LLC, Plaintiff Kettleman Solar LLC, Plaintiff Hollister Solar LLC, Plaintiff Foothill Solar LLC, Plaintiff Allco Renewable Energy Limited). (lp)
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| Filing 16 Second Stipulation to Continue Hearing Filed by Plaintiffs Allco Renewable Energy Limited, Bear Creek Solar LLC, Foothill Solar LLC, Hollister Solar LLC, Kettleman Solar LLC, Vintner Solar LLC, Winding Creek Solar LLC (RE: related document(s)#8 Motion to Dismiss Adversary Proceeding filed by Defendant Pacific Gas and Electric Company). (Young, Christopher) |
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Filing 15
Order Approving Stipulation and Agreement for Order Continuing Hearing (RE: related document(s)#14 Stipulation to Continue Hearing filed by Plaintiff Winding Creek Solar LLC, Plaintiff Bear Creek Solar LLC, Plaintiff Vintner Solar LLC, Plaintiff Kettleman Solar LLC, Plaintiff Hollister Solar LLC, Plaintiff Foothill Solar LLC, Plaintiff Allco Renewable Energy Limited). (lp)
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| Filing 14 Stipulation to Continue Hearing Filed by Plaintiffs Allco Renewable Energy Limited, Bear Creek Solar LLC, Foothill Solar LLC, Hollister Solar LLC, Kettleman Solar LLC, Vintner Solar LLC, Winding Creek Solar LLC (RE: related document(s)#8 Motion to Dismiss Adversary Proceeding filed by Defendant Pacific Gas and Electric Company). Hearing scheduled for 2/26/2020 at 10:00 AM San Francisco Courtroom 17 - Montali for #8,. (Young, Christopher) |
| Hearing Dropped. The scheduling conference on 12/17/19 at 10:00 a.m. is taken off calendar per Order, dkt #13 filed on 11/25/19. (related document(s): #1 Complaint filed by Winding Creek Solar LLC, Bear Creek Solar LLC, Vintner Solar LLC, Kettleman Solar LLC, Hollister Solar LLC, Foothill Solar LLC, Allco Renewable Energy Limited) (lp) |
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Filing 13
Order Approving Stipulation and Agreement for Order Regarding Scheduling Conference, Initial Disclosures and Discovery Conference (RE: related document(s)#11 Stipulation for Miscellaneous Relief filed by Defendant Pacific Gas and Electric Company). (lp)
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| Filing 12 Certificate of Service of Jamie B. Herszaft Regarding The Utility's Motion to Dismiss, or, in the Alternative, Stay Adversary Proceeding; Memorandum of Points and Authorities in Support, Utility's Request for Judicial Notice in Support of Utility's Motion to Dismiss, or, in the Alternative, Stay Adversary Proceeding; Memorandum of Points and Authorities in Support, and Notice of Hearing on Utility's Motion to Dismiss, or, in the Alternative, Stay Adversary Proceeding Filed by Other Prof. Prime Clerk LLC (related document(s)#8 Motion to Dismiss Adversary Proceeding, #9 Request To Take Judicial Notice, #10 Notice of Hearing). (Baer, Herb) |
| Filing 11 Stipulation, and Agreement for Order Regarding Scheduling Conference, Initial Disclosures and Discovery Conference Filed by Defendant Pacific Gas and Electric Company (RE: related document(s)#2 Summons Issued, #3 Discovery Order). (Benvenutti, Peter) |
| Filing 10 Notice of Hearing on The Utility's Motion to Dismiss, or, In the Alternative, Stay Adversary Proceeding (RE: related document(s)#8 Motion to Dismiss Adversary Proceeding filed by Defendant Pacific Gas and Electric Company). Hearing scheduled for 1/29/2020 at 10:00 AM at San Francisco Courtroom 17 - Montali. Filed by Defendant Pacific Gas and Electric Company. (Rupp, Thomas) |
| Filing 9 Request To Take Judicial Notice in Support of the Utility's Motion to Dismiss, or, In the Alternative, Stay Adversary Proceeding (RE: related document(s)#8 Motion to Dismiss Adversary Proceeding). Filed by Defendant Pacific Gas and Electric 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) (Rupp, Thomas) |
| Filing 8 Motion to Dismiss Adversary Proceeding The Utility's Motion to Dismiss, or, In the Alternative, Stay Adversary Proceeding; Memorandum of Points and Authorities in Support Filed by Defendant Pacific Gas and Electric Company. (Attachments: #1 Exhibit 1 - Proposed Order) (Rupp, Thomas) |
| Filing 7 Notice of Appearance and Request for Notice by John R. Rizzardi. Filed by Plaintiffs Allco Renewable Energy Limited, Bear Creek Solar LLC, Foothill Solar LLC, Hollister Solar LLC, Kettleman Solar LLC, Vintner Solar LLC, Winding Creek Solar LLC (Rizzardi, John) |
| Filing 6 Certificate of Service of Alain B. Francoeur Regarding Order Re Initial Disclosures and Discovery Conference and Notice Filed by Other Prof. Prime Clerk LLC (related document(s)#3 Discovery Order). (Baer, Herb) |
| Filing 5 Certificate of Service . Filed by Plaintiffs Allco Renewable Energy Limited, Bear Creek Solar LLC, Foothill Solar LLC, Hollister Solar LLC, Kettleman Solar LLC, Vintner Solar LLC, Winding Creek Solar LLC (Godin, Jaime). Related document(s) #1 Complaint filed by Plaintiff Winding Creek Solar LLC, Plaintiff Bear Creek Solar LLC, Plaintiff Vintner Solar LLC, Plaintiff Kettleman Solar LLC, Plaintiff Hollister Solar LLC, Plaintiff Foothill Solar LLC, Plaintiff Allco Renewable Energy Limited, #2 Summons Issued, #3 Discovery Order. Modified on 10/24/2019 (dc). |
| Filing 4 Notice of Change of Address of Jaime G. Touchstone Filed by Plaintiffs Allco Renewable Energy Limited, Bear Creek Solar LLC, Foothill Solar LLC, Hollister Solar LLC, Kettleman Solar LLC, Vintner Solar LLC, Winding Creek Solar LLC. (Godin, Jaime) |
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Filing 3
Order Regarding Initial Disclosures and Discovery Conference. (dc) Additional attachment(s) (Certificate of Service) added on 10/21/2019 (dc).
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| Filing 2 Summons Issued on PG&E Corporation Answer Due 11/20/2019; Pacific Gas and Electric Company Answer Due 11/20/2019 (RE: related document(s)#1 Complaint filed by Plaintiff Winding Creek Solar LLC, Plaintiff Bear Creek Solar LLC, Plaintiff Vintner Solar LLC, Plaintiff Kettleman Solar LLC, Plaintiff Hollister Solar LLC, Plaintiff Foothill Solar LLC, Plaintiff Allco Renewable Energy Limited). Scheduling Conference scheduled for 12/17/2019 at 10:00 AM at San Francisco Courtroom 17 - Montali. (dc) |
| Filing 1 Adversary case #19-03049. 02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy)), 72 (Injunctive relief - other) Complaint by Winding Creek Solar LLC, Bear Creek Solar LLC, Vintner Solar LLC, Kettleman Solar LLC, Hollister Solar LLC, Foothill Solar LLC, Allco Renewable Energy Limited against Pacific Gas and Electric Company. Fee Amount $350. (Attachments: #1 AP Cover Sheet) (Melone, Thomas) |
| Receipt of filing fee for Complaint(19-03049) [cmp,cmp] ( 350.00). Receipt number 30000226, amount $ 350.00 (re: Doc#1 Complaint) (U.S. Treasury) |
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