Russell City Energy Company, LLC v. City of Hayward
Plaintiff: Russell City Energy Company, LLC
Defendant: City of Hayward
Case Number: 4:2014cv03102
Filed: July 9, 2014
Court: US District Court for the Northern District of California
Office: Oakland Office
County: XX US, Outside State
Presiding Judge: Jeffrey S White
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: None
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Docket Report

This docket was last retrieved on April 27, 2015. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 27, 2015 Filing 54 MANDATE of USCA: The appeal is voluntarily dismissed, pursuant to FRAP Rule 42(b) as to #38 Notice of Appeal. USCA No. 14-17254 (jlmS, COURT STAFF) (Filed on 4/27/2015)
March 4, 2015 Opinion or Order Filing 53 ORDER ADOPTING #52 REPORT AND RECOMMENDATIONS re #40 MOTION for Attorney Fees. Signed by Judge JEFFREY S. WHITE on 3/4/15. (jjoS, COURT STAFF) (Filed on 3/4/2015)
February 17, 2015 Filing 52 REPORT AND RECOMMENDATIONS re #40 MOTION for Attorney Fees filed by City of Hayward. Objections due by 3/3/2015. Signed by Magistrate Judge Donna M. Ryu on 02/17/2015. (dmrlc1, COURT STAFF) (Filed on 2/17/2015)
February 3, 2015 Opinion or Order Filing 51 ORDER Taking Defendant's Motion for Attorneys' Fees #40 Under Submission Without Oral Argument. Signed by Magistrate Judge Donna M. Ryu on 02/03/2015. (dmrlc1, COURT STAFF) (Filed on 2/3/2015)
January 28, 2015 Filing 50 Supplemental Declaration of Benjamin P. Fay in Support of #49 Reply to Opposition/Response to Motion for Attorneys' Fees filed by City of Hayward. (Attachments: #1 Exhibit F)(Related document(s) #49 ) (Fay, Benjamin) (Filed on 1/28/2015) Modified on 1/29/2015 (jlmS, COURT STAFF).
January 28, 2015 Filing 49 REPLY (re #40 MOTION for Attorney Fees ) filed byCity of Hayward. (McWhirter, Gabriel) (Filed on 1/28/2015)
January 14, 2015 Filing 48 Memorandum in Opposition re #40 Motion for Attorney Fees, filed by Russell City Energy Company, LLC. (Attachments: #1 Proposed Order)(Adkins, Robb) (Filed on 1/14/2015) Modified on 1/15/2015 (jlmS, COURT STAFF).
December 15, 2014 Filing 47 TRANSCRIPT ORDER for Motion to Dismiss Hearing Held on 10/31/14, before Judge Jeffrey S. White, filed by Russell City Energy Company, LLC for Court Reporter: Katherine Wyatt. (Enns, Krista) (Filed on 12/15/2014) Modified on 12/16/2014 (jlmS, COURT STAFF).
December 2, 2014 Opinion or Order Filing 46 ORDER by Magistrate Judge Donna M. Ryu GRANTING #45 Stipulation and Scheduling of Defendant's Motion for Attorney's fees. Signed by Magistrate Judge Donna M. Ryu, on 12/02/14 (ig, COURT STAFF) (Filed on 12/2/2014) Modified on 12/4/2014 (jlm, COURT STAFF).
December 2, 2014 Set/Reset Hearing re #46 Order on Stipulation Hearing on Defendant's Motion for Attorney's Fees set for 2/12/2015 11:00 AM before Magistrate Judge Donna M. Ryu. (ig, COURT STAFF) (Filed on 12/2/2014)
December 1, 2014 Filing 45 STIPULATION WITH PROPOSED SCHEDULING ORDER re #40 Motion for Attorney Fees, filed by Russell City Energy Company, LLC., City of Hayward (Adkins, Robb) (Filed on 12/1/2014) Modified on 12/2/2014 (jlmS, COURT STAFF).
December 1, 2014 Opinion or Order Filing 44 ORDER OF REFERRAL AND VACATING HEARING RE: #40 MOTION for Attorney Fees. Signed by Judge JEFFREY S. WHITE on 12/1/14. (jjoS, COURT STAFF) (Filed on 12/1/2014)
December 1, 2014 CASE REFERRED to Magistrate Judge Ryu for Report and Recommendation (ahm, COURT STAFF) (Filed on 12/1/2014) Modified on 12/2/2014 (jjoS, COURT STAFF).
November 26, 2014 Filing 43 Declaration of Benjamin P. Fay in Support of #40 MOTION for Attorney Fees filed byCity of Hayward. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Related document(s) #40 ) (Fay, Benjamin) (Filed on 11/26/2014)
November 26, 2014 Filing 42 Proposed Order re #40 MOTION for Attorney Fees by City of Hayward. (McWhirter, Gabriel) (Filed on 11/26/2014)
November 26, 2014 Filing 41 Declaration of Joseph Brick in Support of #40 MOTION for Attorney Fees filed byCity of Hayward. (Attachments: #1 Exhibit A (1 of 5), #2 Exhibit A (2 of 5), #3 Exhibit A (3 of 5), #4 Exhibit A (4 of 5), #5 Exhibit A (5 of 5), #6 Exhibit B (1 of 2), #7 Exhibit B (2 of 2))(Related document(s) #40 ) (McWhirter, Gabriel) (Filed on 11/26/2014)
November 26, 2014 Filing 40 MOTION for Attorney Fees filed by City of Hayward. Motion Hearing set for 2/13/2015 09:00 AM in Courtroom 5, 2nd Floor, Oakland before Hon. Jeffrey S. White. Responses due by 12/10/2014. Replies due by 12/17/2014. (McWhirter, Gabriel) (Filed on 11/26/2014)
November 17, 2014 ADR Remark: ADR Phone Conference scheduled for Thursday, November 20, 2014 at 11:00 AM Pacific time is off calendar. (cmf, COURT STAFF) (Filed on 11/17/2014)
November 14, 2014 Filing 39 USCA Case Number 14-17254 Ninth Circuit Court of Appeals for #38 Notice of Appeal, filed by Russell City Energy Company, LLC. (kk, COURT STAFF) (Filed on 11/14/2014)
November 13, 2014 Filing 38 NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Russell City Energy Company, LLC. (Appeal fee of $505 receipt number 0971-9071966 paid.) (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Adkins, Robb) (Filed on 11/13/2014)
November 13, 2014 Filing 37 JUDGMENT. Signed by Judge JEFFREY S. WHITE on 11/13/14. (jjoS, COURT STAFF) (Filed on 11/13/2014)
November 13, 2014 Opinion or Order Filing 36 ORDER by Judge JEFFREY S. WHITE granting #20 Motion to Dismiss First Amended Complaint (jjoS, COURT STAFF) (Filed on 11/13/2014)
October 31, 2014 Filing 35 Minute Entry: Motion Hearing held on 10/31/2014 before Judge Jeffrey S. White (Date Filed: 10/31/2014). (Court Reporter Kathy Wyatt.) (jjoS, COURT STAFF) (Date Filed: 10/31/2014)
October 28, 2014 Filing 34 NOTICE OF QUESTIONS FOR HEARING. Signed by Judge Jeffrey S. White on 10/28/14. (jjoS, COURT STAFF) (Filed on 10/28/2014)
October 8, 2014 Filing 33 Supplemental Brief in Support of Opposition to #20 Motion to Dismiss, per #32 Order, filed by Russell City Energy Company, LLC. (Related document(s) #20 , #32 ) (Adkins, Robb) (Filed on 10/8/2014) Modified on 10/9/2014 (jlm, COURT STAFF).
October 1, 2014 Opinion or Order Filing 32 ORDER REQUESTING SUPPLEMENTAL BRIEFING AND CONTINUING HEARING DATE as to #20 MOTION to Dismiss First Amended Complaint. Motion Hearing set for 10/31/2014 09:00 AM in Courtroom 5, 2nd Floor, Oakland before Hon. Jeffrey S. White. Signed by Judge JEFFREY S. WHITE on 10/1/14. (jjoS, COURT STAFF) (Filed on 10/1/2014)
September 25, 2014 ADR Remark: ADR Phone Conference scheduled on Monday, October 6, 2014 at 11:30 AM Pacific time is rescheduled to Thursday, November 20, 2014 at 11:00 AM Pacific time. Call-in information remains the same. (cmf, COURT STAFF) (Filed on 9/25/2014)
September 24, 2014 Filing 31 Supplemental Request for Judicial Notice re #30 Reply Memorandum, filed by City of Hayward. (Attachments: #1 Exhibit E, #2 Exhibit F, #3 Exhibit G, #4 Exhibit H, #5 Exhibit I)(Related document(s) #30 ) (McWhirter, Gabriel) (Filed on 9/24/2014) Modified on 9/25/2014 (jlmS, COURT STAFF).
September 24, 2014 Filing 30 REPLY (re #20 MOTION to Dismiss First Amended Complaint ) filed byCity of Hayward. (McWhirter, Gabriel) (Filed on 9/24/2014)
September 23, 2014 Filing 29 CLERK'S NOTICE CONTINUING INITIAL CASE MANAGEMENT CONFERENCE: Joint Case Management Statement due by 11/28/2014. Initial Case Management Conference set for 12/5/2014 11:00 AM in Courtroom 5, 2nd Floor, Oakland. (jjoS, COURT STAFF) (Filed on 9/23/2014)
September 22, 2014 Filing 28 ADR Clerk's Notice Setting ADR Phone Conference on Monday, October 6, 2014 at 11:30 AM Pacific time. Please note that you must be logged into an ECF account of counsel of record in order to view this document. (cmf, COURT STAFF) (Filed on 9/22/2014)
September 19, 2014 Filing 27 NOTICE of need for ADR Phone Conference (ADR L.R. 3-5 d), filed by Russell City Energy Company, LLC (Adkins, Robb) (Filed on 9/19/2014) Modified on 9/22/2014 (jlmS, COURT STAFF).
September 19, 2014 Filing 26 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options, filed by Russell City Energy Company, LLC. (Adkins, Robb) (Filed on 9/19/2014) Modified on 9/22/2014 (jlmS, COURT STAFF).
September 17, 2014 Filing 25 Proposed Order re #20 Motion to Dismiss First Amended Complaint Under Rules 12(b)(6) and 12(b)(1) of the Federal Rules of Civil Procedure, by Russell City Energy Company, LLC. (Adkins, Robb) (Filed on 9/17/2014) Modified on 9/18/2014 (jlmS, COURT STAFF).
September 17, 2014 Filing 24 Memorandum in Opposition re #20 Motion to Dismiss First Amended Complaint Under Rules 12(b)(6) and 12(b)(1) of the Federal Rules of Civil Procedure, filed by Russell City Energy Company, LLC. (Adkins, Robb) (Filed on 9/17/2014) Modified on 9/18/2014 (jlmS, COURT STAFF).
September 9, 2014 Filing 23 CLERK'S NOTICE CHANGING TIME FOR CASE MANAGEMENT CONFERENCE: Initial Case Management Conference set for 10/10/2014 11:30 AM in Courtroom 5, 2nd Floor, Oakland. (jjoS, COURT STAFF) (Filed on 9/9/2014)
September 3, 2014 Filing 22 Proposed Order re #20 Motion to Dismiss The First Amended Complaint, by City of Hayward. (McWhirter, Gabriel) (Filed on 9/3/2014) Modified on 9/4/2014 (jlm, COURT STAFF).
September 3, 2014 Filing 21 Request for Judicial Notice re #20 Motion to Dismiss The First Amended Complaint, filed by City of Hayward. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(McWhirter, Gabriel) (Filed on 9/3/2014) Modified on 9/4/2014 (jlm, COURT STAFF).
September 3, 2014 Filing 20 MOTION to Dismiss First Amended Complaint filed by City of Hayward. Motion Hearing set for 10/10/2014 09:00 AM in Courtroom 5, 2nd Floor, Oakland before Hon. Jeffrey S. White. Responses due by 9/17/2014. Replies due by 9/24/2014. (McWhirter, Gabriel) (Filed on 9/3/2014)
August 20, 2014 Filing 19 AMENDED COMPLAINT against Russell City Energy Company, LLC. Filed by Russell City Energy Company, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Adkins, Robb) (Filed on 8/20/2014) Modified on 8/21/2014 (jlmS, COURT STAFF).
August 14, 2014 Opinion or Order Filing 18 ORDER by Judge Jeffrey S. White GRANTING #17 Stipulation re Schedule. Signed by Judge Jeffrey S. White, on 08/14/2014 (jjoS, COURT STAFF) (Filed on 8/14/2014) Modified on 8/15/2014 (jlmS, COURT STAFF).
August 14, 2014 Filing 17 STIPULATION WITH PROPOSED ORDER RE SCHEDULING, filed by Russell City Energy Company, LLC, City of Hayward. (Adkins, Robb) (Filed on 8/14/2014) Modified on 8/15/2014 (jlmS, COURT STAFF).
August 6, 2014 Set/Reset Placeholder Deadlines as to Motion Hearing set for 10/10/2014 09:00 AM in Courtroom 5, 2nd Floor, Oakland before Hon. Jeffrey S. White. (jlmS, COURT STAFF) (Filed on 8/6/2014)
August 6, 2014 Filing 16 Proposed Order re #14 MOTION to Dismiss Complaint Under Rules 12(b)(6) and 12(b)(1) of the Federal Rules of Civil Procedure by City of Hayward. (Fay, Benjamin) (Filed on 8/6/2014)
August 6, 2014 Filing 15 Request for Judicial Notice re #14 MOTION to Dismiss Complaint Under Rules 12(b)(6) and 12(b)(1) of the Federal Rules of Civil Procedure filed byCity of Hayward. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Related document(s) #14 ) (Fay, Benjamin) (Filed on 8/6/2014)
August 6, 2014 Filing 14 MOTION to Dismiss Complaint Under Rules 12(b)(6) and 12(b)(1) of the Federal Rules of Civil Procedure filed by City of Hayward. Motion Hearing set for 10/10/2014 09:00 AM in Courtroom 5, 2nd Floor, Oakland before Hon. Jeffrey S. White. Responses due by 8/20/2014. Replies due by 8/27/2014. (Fay, Benjamin) (Filed on 8/6/2014)
July 29, 2014 Filing 13 STIPULATION for Extension of Time to File Response/Reply to Complaint, filed by City of Hayward, Russell City Energy Company, LLC. (Fay, Benjamin) (Filed on 7/29/2014) Modified on 7/30/2014 (jlmS, COURT STAFF).
July 25, 2014 Filing 12 CERTIFICATE OF SERVICE re #11 Order, filed by Russell City Energy Company, LLC (Adkins, Robb) (Filed on 7/25/2014) Modified on 7/28/2014 (jlmS, COURT STAFF).
July 23, 2014 Opinion or Order Filing 11 ORDER SETTING CASE MANAGEMENT CONFERENCE AND REQUIRING JOINT CASE MANAGEMENT CONFERENCE STATEMENT: Case Management Statement due by 10/3/2014. Initial Case Management Conference set for 10/10/2014 11:00 AM in Courtroom 5, 2nd Floor, Oakland. Signed by Judge JEFFREY S. WHITE on 7/23/14. (jjoS, COURT STAFF) (Filed on 7/23/2014)
July 14, 2014 Opinion or Order Filing 10 ORDER REASSIGNING CASE. Case reassigned to Judge Hon. Jeffrey S. White for all further proceedings. Magistrate Judge Kandis A. Westmore no longer assigned to the case. Signed by the Executive Committee on July 14, 2014. (cjlS, COURT STAFF) (Filed on 7/14/2014)
July 14, 2014 Filing 9 CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (cjlS, COURT STAFF) (Filed on 7/14/2014)
July 11, 2014 Filing 8 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Russell City Energy Company, LLC.. (Attachments: #1 Certificate/Proof of Service)(Adkins, Robb) (Filed on 7/11/2014)
July 11, 2014 Filing 7 SUMMONS Returned Executed by Russell City Energy Company, LLC. City of Hayward served on 7/9/2014, answer due 7/30/2014. (Attachments: #1 Summons)(Adkins, Robb) (Filed on 7/11/2014) Modified on 7/14/2014 (cjlS, COURT STAFF).
July 9, 2014 Filing 6 Summons Issued as to City of Hayward. (kc, COURT STAFF) (Filed on 7/9/2014)
July 9, 2014 Filing 5 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 9/30/2014. Case Management Conference set for 10/7/2014 at 01:30 PM. (kc, COURT STAFF) (Filed on 7/9/2014)
July 9, 2014 Filing 4 Case assigned to Magistrate Judge Kandis A. Westmore. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. (kc, COURT STAFF) (Filed on 7/9/2014)
July 9, 2014 Filing 3 Certificate of Interested Entities by Russell City Energy Company, LLC identifying Other Affiliate General Electric Company, Other Affiliate Calpine Corporation, Other Affiliate Calpine Russell City, LLC, Other Affiliate Aircraft Services Corporation for Russell City Energy Company, LLC. re #1 Complaint (Adkins, Robb) (Filed on 7/9/2014)
July 9, 2014 Filing 2 Proposed Summons. (Adkins, Robb) (Filed on 7/9/2014)
July 9, 2014 Filing 1 COMPLAINT against City of Hayward ( Filing fee $ 400, receipt number 0971-8754316.). Filed byRussell City Energy Company, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Civil Cover Sheet)(Adkins, Robb) (Filed on 7/9/2014)

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Plaintiff: Russell City Energy Company, LLC
Represented By: Robb Christopher Adkins
Represented By: Charles John Moll, III
Represented By: Krista M. Enns
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Defendant: City of Hayward
Represented By: Benjamin P. Fay
Represented By: Gabriel James McWhirter
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