NextEra Engy Captl Holdings, et al v. Ken Paxton, et al
| NEXTERA ENERGY TRANSMISSION SOUTHWEST, L.L.C., LONE STAR TRANSMISSION, L.L.C., NEXTERA ENERGY TRANSMISSION, L.L.C., NEXTERA ENERGY CAPITAL HOLDINGS, INCORPORATED and NEXTERA ENERGY TRANSMISSION MIDWEST, L.L.C. |
| COMMISSIONER SHELLY BOTKIN, Public Utility Commission of Texas, in her official capacity, CHAIRMAN DEANN T. WALKER, Public Utility Commission of Texas, in her official capacity and COMMISSIONER ARTHUR C. D'ANDREA, Public Utility Commission of Texas, in his official capacity |
| LSP TRANSMISSION HOLDINGS II, L.L.C., TEXAS INDUSTRIAL ENERGY CONSUMERS, ENTERGY TEXAS, INCORPORATED, SOUTHWESTERN PUBLIC SERVICE COMPANY, ONCOR ELECTRIC DELIVERY COMPANY, L.L.C., LOWER COLORADO RIVER AUTHORITY and UNITED STATES OF AMERICA |
| 20-50160 |
| March 5, 2020 |
| U.S. Court of Appeals, Fifth Circuit |
| Other |
Opinions
We have the following opinions for this case:
| Description |
|---|
 NextEra, et al v. D'Andrea, et al
|
Docket Report
RSS Track this Docket
This docket was last retrieved on April 29, 2020. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| APPELLANT'S REPLY BRIEF FILED # of Copies Provided: 0 Reply Brief deadline satisfied [20-50160] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: APPELLANT'S REPLY BRIEF FILED by Lone Star Transmission, L.L.C., NextEra Energy Capital Holdings, Incorporated, NextEra Energy Transmission Midwest, L.L.C., NextEra Energy Transmission Southwest, L.L.C. and NextEra Energy Transmission, L.L.C.. Date of service: 04/29/2020 via email - Attorney for Appellees: Bennett, Hulme; Attorney for Amici Curiae: Boldt, Clement, Coker, Garza, Gee, Leatherbury, Mandelberg, McMillin, Mendiola, Mitchell, Murphy, Nutter, Price, VanMiddlesworth, Wander, Williams; Attorney for Appellants: Ezray, Oliu, Singer, Tillotson [20-50160] (Jeffrey Mark Tillotson ) [Entered: 04/29/2020 05:20 PM] |
| CASE CALENDARED for oral argument on Monday, 06/01/2020 in New Orleans in the East Courtroom -- PM session. In accordance with our policy, lead counsel only will receive via email at a later date a copy of the court's docket and an acknowledgment form. All other counsel of record should monitor the court's website for the posting of the oral argument calendars. PLEASE NOTE: Argument could be heard via video or audio conferencing, converted to submission on the briefs and record on file, or rescheduled to a later date. [20-50160] (GAM) [Entered: 04/27/2020 05:54 AM] |
| PROPOSED SUFFICIENT BRIEF filed by Amicus Curiae Lower Colorado River Authority [ # 9299068-2 ] Date of service: 04/27/2020 via email - Attorney for Appellees: Bennett, Hulme; Attorney for Amici Curiae: Boldt, Clement, Coker, Garza, Gee, Leatherbury, Mandelberg, McMillin, Mendiola, Mitchell, Murphy, Nutter, Price, VanMiddlesworth, Wander, Williams; Attorney for Appellants: Ezray, Oliu, Singer, Tillotson [20-50160] (Larry Edward Gee ) [Entered: 04/27/2020 01:15 PM] |
| APPEARANCE FORM FILED by Attorney(s) Ethan James Nutter for party(s) Amicus Curiae Oncor Electric Delivery Company, L.L.C., in case 20-50160 [20-50160] (RSM) [Entered: 04/24/2020 02:27 PM] |
| APPEARANCE FORM FILED by Attorney Thomas S. Leatherbury for Amicus Curiae Oncor Electric Delivery Company, L.L.C. in 20-50160 [20-50160] (RSM) [Entered: 04/24/2020 02:30 PM] |
| APPEARANCE FORM FILED by Attorney(s) Megan Marie Coker for party(s) Amicus Curiae Oncor Electric Delivery Company, L.L.C., in case 20-50160 [20-50160] (RSM) [Entered: 04/24/2020 02:25 PM] |
| APPEARANCE FORM FILED by Attorney Matthew E. Price for Amicus Curiae Southwestern Public Service Company in 20-50160 [20-50160] (RSM) [Entered: 04/24/2020 10:42 AM] |
| APPEARANCE FORM FILED by Attorney(s) Michael Andrew McMillin for party(s) Amicus Curiae Texas Industrial Energy Consumers, in case 20-50160 [20-50160] (RSM) [Entered: 04/24/2020 02:43 PM] |
| APPEARANCE FORM FILED by Attorney Larry Edward Gee for Amicus Curiae Lower Colorado River Authority in 20-50160 [20-50160] (RSM) [Entered: 04/24/2020 11:25 AM] |
| APPEARANCE FORM FILED by Attorney Rex D. VanMiddlesworth for Amicus Curiae Texas Industrial Energy Consumers in 20-50160 [20-50160] (RSM) [Entered: 04/24/2020 12:40 PM] |
| APPEARANCE FORM FILED by Attorney(s) John C. Wander for party(s) Amicus Curiae Oncor Electric Delivery Company, L.L.C., in case 20-50160 [20-50160] (RSM) [Entered: 04/24/2020 02:37 PM] |
| APPEARANCE FORM FILED by Attorney(s) Lino Mendiola III for party(s) Amicus Curiae Entergy Texas, Incorporated, in case 20-50160 [20-50160] (RSM) [Entered: 04/24/2020 03:05 PM] |
| PROPOSED SUFFICIENT BRIEF filed by Amicus Curiae Oncor Electric Delivery Company, L.L.C. [ # 9298758-2 ] Date of service: 04/24/2020 via email - Attorney for Appellees: Bennett, Hulme; Attorney for Amici Curiae: Boldt, Clement, Coker, Garza, Gee, Leatherbury, Mandelberg, McMillin, Mendiola, Mitchell, Murphy, Nutter, Price, VanMiddlesworth, Wander, Williams; Attorney for Appellants: Ezray, Oliu, Singer, Tillotson [20-50160] (Thomas S. Leatherbury ) [Entered: 04/24/2020 04:01 PM] |
| APPEARANCE FORM FILED by Attorney Michael Andrew Boldt for Amicus Curiae Entergy Texas, Incorporated in 20-50160 [20-50160] (RSM) [Entered: 04/24/2020 02:56 PM] |
| APPEARANCE FORM FILED by Attorney(s) Catherine Garza for party(s) Amicus Curiae Entergy Texas, Incorporated, in case 20-50160 [20-50160] (RSM) [Entered: 04/24/2020 03:15 PM] |
| PROPOSED SUFFICIENT BRIEF filed by Entergy Texas, Incorporated in 20-50160 [ # 9299080-2 ] Brief has been deemed sufficient (Motion granted, see Court's Order 03/13/20). Sufficient Brief deadline satisfied [20-50160] (RSM) [Entered: 04/24/2020 02:55 PM] |
| PROPOSED SUFFICIENT BRIEF filed by Southwestern Public Service Company in 20-50160 [ # 9298342-2 ] Brief has been deemed sufficient (Motion granted, see Court's Order 03/13/20). Sufficient Brief deadline satisfied [20-50160] (RSM) [Entered: 04/24/2020 02:53 PM] |
| APPELLEE'S BRIEF FILED # of Copies Provided: 0 E/Res's Brief deadline satisfied [20-50160] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: APPELLEE'S BRIEF FILED by Ms. Shelly Botkin, Mr. Arthur C. D'Andrea and Ms. DeAnn T. Walker. Date of service: 04/22/2020 via email - Attorney for Appellees: Bennett, Hulme; Attorney for Amici Curiae: Clement, Mandelberg, Mitchell, Murphy, Williams; Attorney for Appellants: Ezray, Oliu, Singer, Tillotson [20-50160] (Lisa Bennett ) [Entered: 04/22/2020 02:46 PM] |
| SUFFICIENT AMICUS CURIAE BRIEF FILED by Lower Colorado River Authority. The Consent is Included in the Brief. # of Copies Provided: 0 Sufficient Brief deadline satisfied [20-50160] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: AMICUS CURIAE BRIEF FILED by Lower Colorado River Authority. The Consent is Included in the Brief. Additionally the Brief requires INSUFFICIENT FOR: CAPTION DOES NOT MATCH TITLE OF CASE. Instructions to Attorney: PLEASE READ THE ATTACHED NOTICE FOR INSTRUCTIONS ON HOW TO REMEDY THE DEFAULT. # of Copies Provided: 0 Sufficient Brief due on 05/08/2020 for Amicus Curiae Lower Colorado River Authority. [20-50160] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: AMICUS CURIAE BRIEF FILED by Lower Colorado River Authority. Date of service: 04/22/2020 via email - Attorney for Appellees: Bennett, Hulme; Attorney for Amici Curiae: Clement, Mandelberg, Mitchell, Murphy, Williams; Attorney for Appellants: Ezray, Oliu, Singer, Tillotson [20-50160] (Larry Edward Gee ) [Entered: 04/22/2020 04:23 PM] |
| SUFFICIENT AMICUS CURIAE BRIEF FILED by Oncor Electric Delivery Company, L.L.C.. The Consent is Included in the Brief. # of Copies Provided: 0 Sufficient Brief deadline satisfied [20-50160] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: AMICUS CURIAE BRIEF FILED by Oncor Electric Delivery Company, L.L.C.. Additionally the Brief requires INSUFFICIENT FOR: CAPTION DOES NOT MATCH TITLE OF CASE. Instructions to Attorney: PLEASE READ THE ATTACHED NOTICE FOR INSTRUCTIONS ON HOW TO REMEDY THE DEFAULT. # of Copies Provided: 0 Sufficient Brief due on 05/08/2020 for Amicus Curiae Oncor Electric Delivery Company, L.L.C.. [20-50160] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: AMICUS CURIAE BRIEF FILED by Oncor Electric Delivery Company LLC. Date of service: 04/22/2020 via email - Attorney for Appellees: Bennett, Hulme; Attorney for Amici Curiae: Clement, Mandelberg, Mitchell, Murphy, Williams; Attorney for Appellants: Ezray, Oliu, Singer, Tillotson [20-50160] (Thomas S. Leatherbury ) [Entered: 04/22/2020 01:34 PM] |
| APPEARANCE FORM for the court's review. Lead Counsel? Yes. [20-50160] (Matthew E. Price ) [Entered: 04/22/2020 08:00 AM] |
| AMICUS CURIAE BRIEF FILED by Entergy Texas, Incorporated. Additionally the Brief requires INSUFFICIENT FOR: STATEMENT OF CONSENT IS NEEDED. Instructions to Attorney: PLEASE READ THE ATTACHED NOTICE FOR INSTRUCTIONS ON HOW TO REMEDY THE DEFAULT. # of Copies Provided: 0 Sufficient Brief due on 05/08/2020 for Amicus Curiae Entergy Texas, Incorporated. [20-50160] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: AMICUS CURIAE BRIEF FILED by Entergy Texas, Inc.. Date of service: 04/22/2020 via email - Attorney for Appellees: Bennett, Hulme; Attorney for Amici Curiae: Clement, Mandelberg, Mitchell, Murphy, Williams; Attorney for Appellants: Ezray, Oliu, Singer, Tillotson [20-50160] (Michael Andrew Boldt ) [Entered: 04/22/2020 04:28 PM] |
| AMICUS CURIAE BRIEF FILED by Southwestern Public Service Company. Additionally the Brief requires INSUFFICIENT FOR: BRIEF MISSING CONSENT OF ALL PARTIES. Instructions to Attorney: PLEASE READ THE ATTACHED NOTICE FOR INSTRUCTIONS ON HOW TO REMEDY THE DEFAULT. # of Copies Provided: 0 Sufficient Brief due on 05/08/2020 for Amicus Curiae Southwestern Public Service Company. [20-50160] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: AMICUS CURIAE BRIEF FILED by Southwestern Public Service Company. Date of service: 04/22/2020 via email - Attorney for Appellees: Bennett, Hulme; Attorney for Amici Curiae: Clement, Mandelberg, Mitchell, Murphy, Williams; Attorney for Appellants: Ezray, Oliu, Singer, Tillotson [20-50160] (Matthew E. Price ) [Entered: 04/22/2020 08:05 AM] |
| APPEARANCE FORM for the court's review. Lead Counsel? Yes. [20-50160] (Larry Edward Gee ) [Entered: 04/22/2020 04:29 PM] |
| AMICUS CURIAE BRIEF FILED by Texas Industrial Energy Consumers. The Consent is Included in the Brief. # of Copies Provided: 0 [20-50160] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: AMICUS CURIAE BRIEF FILED by Texas Industrial Energy Consumers. Date of service: 04/22/2020 via email - Attorney for Appellees: Bennett, Hulme; Attorney for Amici Curiae: Clement, Mandelberg, Mitchell, Murphy, Williams; Attorney for Appellants: Ezray, Oliu, Singer, Tillotson [20-50160] (Michael Andrew McMillin ) [Entered: 04/22/2020 10:37 PM] |
| APPEARANCE FORM for the court's review. Lead Counsel? No. [20-50160] (Catherine Garza ) [Entered: 04/22/2020 05:14 PM] |
| APPEARANCE FORM for the court's review. Lead Counsel? No. [20-50160] (Lino Mendiola III) [Entered: 04/22/2020 05:11 PM] |
| APPEARANCE FORM for the court's review. Lead Counsel? Yes. [20-50160] (Michael Andrew Boldt ) [Entered: 04/22/2020 04:43 PM] |
| APPEARANCE FORM for the court's review. Lead Counsel? Yes. [20-50160] (Rex D. VanMiddlesworth ) [Entered: 04/15/2020 02:53 PM] |
| APPEARANCE FORM for the court's review. Lead Counsel? No. [20-50160] (Michael Andrew McMillin ) [Entered: 04/15/2020 01:47 PM] |
| Attorney Lino Mendiola for Entergy Texas is advised that no action is being taken since amicus brief wasn't filed. [20-50160] (MFY) [Entered: 04/13/2020 01:09 PM] |
| APPEARANCE FORM FILED by Attorney(s) Sarah Williams for party(s) Amicus Curiae LSP Transmission Holdings II, L.L.C., in case 20-50160 [20-50160] (RSM) [Entered: 04/13/2020 07:42 AM] |
| Attorney Catherine Garza for Entergy Texas is advised no action taken on appearance form since time has passed for filing of amicus brief. . [20-50160] (MFY) [Entered: 04/13/2020 01:32 PM] |
| APPEARANCE FORM for the court's review. Lead Counsel? No. [20-50160] (Kasdin M. Mitchell ) [Entered: 04/09/2020 03:02 PM] |
| APPEARANCE FORM received from Ms. Erin Murphy for the court's review. Lead Counsel? No. [20-50160] (Erin Murphy ) [Entered: 04/09/2020 02:59 PM] |
| APPEARANCE FORM received from Mr. Paul D. Clement for LSP Transmission Holdings II, L.L.C. for the court's review. Lead Counsel? Yes. [20-50160] (Paul D. Clement ) [Entered: 04/09/2020 02:26 PM] |
| APPEARANCE FORM for the court's review. Lead Counsel? No. [20-50160] (Sarah Williams ) [Entered: 04/09/2020 04:19 PM] |
| APPEARANCE FORM FILED by Attorney(s) Kasdin M. Mitchell for party(s) Amicus Curiae LSP Transmission Holdings II, L.L.C., in case 20-50160 [20-50160] (MFY) [Entered: 04/09/2020 08:14 PM] |
| APPEARANCE FORM FILED by Attorney(s) Erin Murphy for party(s) Amicus Curiae LSP Transmission Holdings II, L.L.C., in case 20-50160 [20-50160] (MFY) [Entered: 04/09/2020 08:12 PM] |
| PROPOSED SUFFICIENT BRIEF filed by LSP Transmission Holdings II, L.L.C. in 20-50160 [ # 9290101-2 ] Brief has been deemed sufficient. Sufficient Brief deadline satisfied [20-50160] (MFY) [Entered: 04/09/2020 05:15 PM] |
| APPEARANCE FORM FILED by Attorney Paul D. Clement for Amicus Curiae LSP Transmission Holdings II, L.L.C. in 20-50160 [20-50160] (MFY) [Entered: 04/09/2020 07:48 PM] |
| AMICUS CURIAE BRIEF FILED by LSP Transmission Holdings II, L.L.C.. Consent is Not Necessary as a Motion has been Granted. Additionally the Brief requires proper caption and lacks Disclosure Statement. Instructions to Attorney: PLEASE READ THE ATTACHED NOTICE FOR INSTRUCTIONS ON HOW TO REMEDY THE DEFAULT. # of Copies Provided: 0 Sufficient Brief due on 04/23/2020 for Amicus Curiae LSP Transmission Holdings II, L.L.C.. [20-50160] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: AMICUS CURIAE BRIEF FILED by LSP Transmission Holdings II, LLC. Date of service: 04/08/2020 via email - Attorney for Appellees: Bennett, Hulme; Attorney for Appellants: Ezray, Oliu, Singer, Tillotson; Attorney for Amicus Curiae: Mandelberg [20-50160] (Paul D. Clement ) [Entered: 04/08/2020 08:36 PM] |
| CASE CAPTION updated. Involvement terminated for Not Party USA in 20-50160. Reason: entered as amicus in light of brief being filed. [20-50160] (MFY) [Entered: 04/02/2020 01:55 PM] |
| PROPOSED SUFFICIENT BRIEF filed by Not Party USA and Amicus Curiae USA [ # 9285374-2 ] Date of service: 04/02/2020 via email - Attorney for Appellees: Bennett, Hulme; Attorney for Appellants: Ezray, Oliu, Singer, Tillotson; Attorney for Amicus Curiae: Mandelberg [20-50160] (Matthew C. Mandelberg ) [Entered: 04/02/2020 05:02 PM] |
| APPEARANCE FORM FILED by Attorney Matthew C. Mandelberg for Amicus Curiae USA in 20-50160 [20-50160] (MFY) [Entered: 04/02/2020 01:53 PM] |
| SUFFICIENT AMICUS CURIAE BRIEF FILED by USA. Consent is Not Necessary as Amicus is a Government Entity. # of Copies Provided: 0 Sufficient Brief deadline satisfied [20-50160] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: AMICUS CURIAE BRIEF FILED by USA. Consent is Not Necessary as Amicus is a Government Entity. Additionally the Brief requires proper caption. Instructions to Attorney: PLEASE READ THE ATTACHED NOTICE FOR INSTRUCTIONS ON HOW TO REMEDY THE DEFAULT. # of Copies Provided: 0 Sufficient Brief due on 04/16/2020 for Amicus Curiae United States of America. [20-50160] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: AMICUS CURIAE BRIEF FILED by United States of America. Date of service: 04/01/2020 via email - Attorney for Appellees: Bennett, Hulme; Attorney for Appellants: Ezray, Oliu, Singer, Tillotson; Attorney for Not Parties: Mandelberg, Murray [20-50160] (Matthew C. Mandelberg ) [Entered: 04/01/2020 07:39 PM] |
| APPEARANCE FORM received from Mr. Matthew C. Mandelberg for USA for the court's review. Lead Counsel? Yes. [20-50160] (Matthew C. Mandelberg ) [Entered: 04/01/2020 03:49 PM] |
| APPEARANCE FORM for the court's review. Lead Counsel? No. [20-50160] (Catherine Garza ) [Entered: 03/26/2020 11:34 AM] |
| APPEARANCE FORM for the court's review. Lead Counsel? No. [20-50160] (Lino Mendiola III) [Entered: 03/25/2020 03:50 PM] |
| APPEARANCE FORM for the court's review. Lead Counsel? No. [20-50160] (John C. Wander ) [Entered: 03/23/2020 03:47 PM] |
| APPEARANCE FORM for the court's review. Lead Counsel? Yes. [20-50160] (Thomas S. Leatherbury ) [Entered: 03/20/2020 02:11 PM] |
| APPEARANCE FORM for the court's review. Lead Counsel? No. [20-50160] (Ethan James Nutter ) [Entered: 03/20/2020 02:18 PM] |
| APPEARANCE FORM for the court's review. Lead Counsel? No. [20-50160] (Megan Marie Coker ) [Entered: 03/20/2020 02:33 PM] |
| COURT ORDER. IT IS ORDERED that Appellees' opposed motion for an extension of 14 days to file their response brief is GRANTED. Appellees' brief shall be filed by April 22, 2020. IT IS FURTHER ORDERED that the brief of any amicus in support of Appellees, if any, shall be filed by April 22, 2020. IT IS FURTHER ORDERED that Appellants' reply brief, if any, shall be filed within 7 days of the date of the filing of Appellees' brief.. [ # 9275493-2 ] E/Res's Brief deadline updated to 04/22/2020 for Appellees Shelly Botkin, Arthur C. D'Andrea and DeAnn T. Walker; to extend time to file reply brief until 04/29/2020 [9276408-2] Reply Brief deadline updated to 04/29/2020 for Appellants Lone Star Transmission, L.L.C., NextEra Energy Capital Holdings, Incorporated, NextEra Energy Transmission Midwest, L.L.C., NextEra Energy Transmission Southwest, L.L.C. and NextEra Energy Transmission, L.L.C. [20-50160] (MFY) [Entered: 03/20/2020 02:51 PM] |
| OPPOSED MOTION Appellees Ms. Shelly Botkin, Mr. Arthur C. D'Andrea and Ms. DeAnn T. Walker to extend time to file brief of appellee until 04/22/2020 [9275493-2]. [20-50160] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: LEVEL 1 EXTENSION REQUESTED by Appellees Ms. Shelly Botkin, Mr. Arthur C. D'Andrea and Ms. DeAnn T. Walker for filing Appellee's Brief until 04/22/2020 [20-50160] (Lisa Bennett ) [Entered: 03/19/2020 04:13 PM] |
| RESPONSE/OPPOSITION filed by Lone Star Transmission, L.L.C., NextEra Energy Capital Holdings, Incorporated, NextEra Energy Transmission Midwest, L.L.C., NextEra Energy Transmission Southwest, L.L.C. and NextEra Energy Transmission, L.L.C. [9275574-1] to the Motion to extend time to file appellee's brief filed by Appellees Ms. Shelly Botkin, Mr. Arthur C. D'Andrea and Ms. DeAnn T. Walker [ # 9275493-2 ] Date of Service: 03/19/2020 via email - Attorney for Appellees: Bennett, Hulme; Attorney for Appellants: Ezray, Oliu, Singer, Tillotson; Attorney for Not Party: Murray; US mail - Attorney for Not Party: Mandelberg. [20-50160] (Jeffrey Mark Tillotson ) [Entered: 03/19/2020 07:54 PM] |
| SUFFICIENT RECORD EXCERPTS FILED. # of Copies Provided: 0 Sufficient Record Excerpts deadline satisfied. Paper Copies of Record Excerpts due on 03/24/2020 for Appellants Lone Star Transmission, L.L.C., NextEra Energy Capital Holdings, Incorporated, NextEra Energy Transmission Midwest, L.L.C., NextEra Energy Transmission Southwest, L.L.C. and NextEra Energy Transmission, L.L.C.. [20-50160] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: RECORD EXCERPTS FILED. Record Excerpts NOT Sufficient as they require proper record citations, divider between documents to reflect tab numbers, and optional contents are in excess pages. Optional contents exceed page limitations by 1 page. Instructions to Attorney: PLEASE READ THE ATTACHED NOTICE FOR INSTRUCTIONS ON HOW TO REMEDY THE DEFAULT. # of Copies Provided: 0 Sufficient Record Excerpts due on 04/01/2020 for Appellants Lone Star Transmission, L.L.C., NextEra Energy Capital Holdings, Incorporated, NextEra Energy Transmission Midwest, L.L.C., NextEra Energy Transmission Southwest, L.L.C. and NextEra Energy Transmission, L.L.C. [20-50160] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: RECORD EXCERPTS FILED by Appellants Lone Star Transmission, L.L.C., NextEra Energy Capital Holdings, Incorporated, NextEra Energy Transmission Midwest, L.L.C., NextEra Energy Transmission Southwest, L.L.C. and NextEra Energy Transmission, L.L.C.. Date of service: 03/18/2020 via email - Attorney for Appellees: Bennett, Hulme; Attorney for Appellants: Ezray, Oliu, Singer, Tillotson; Attorney for Not Party: Murray; US mail - Attorney for Not Party: Mandelberg [20-50160] (Jeffrey Mark Tillotson ) [Entered: 03/18/2020 01:34 PM] |
| APPELLANT'S BRIEF FILED # of Copies Provided: 0 A/Pet's Brief deadline satisfied. Paper Copies of Brief due on 03/23/2020 for Appellants Lone Star Transmission, L.L.C., NextEra Energy Capital Holdings, Incorporated, NextEra Energy Transmission Midwest, L.L.C., NextEra Energy Transmission Southwest, L.L.C. and NextEra Energy Transmission, L.L.C.. [20-50160] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: APPELLANT'S BRIEF FILED by Lone Star Transmission, L.L.C., NextEra Energy Capital Holdings, Incorporated, NextEra Energy Transmission Midwest, L.L.C., NextEra Energy Transmission Southwest, L.L.C. and NextEra Energy Transmission, L.L.C.. Date of service: 03/18/2020 via email - Attorney for Appellees: Bennett, Hulme; Attorney for Appellants: Ezray, Oliu, Singer, Tillotson; Attorney for Not Party: Murray; US mail - Attorney for Not Party: Mandelberg [20-50160] (Jeffrey Mark Tillotson ) [Entered: 03/18/2020 03:02 PM] |
| DOCUMENT RECEIVED - NO ACTION TAKEN. No action will be taken at this time on the propsosed sufficient brief received from Appellants Lone Star Transmission, L.L.C., NextEra Energy Capital Holdings, Incorporated, NextEra Energy Transmission Midwest, L.L.C., NextEra Energy Transmission Southwest, L.L.C. and NextEra Energy Transmission, L.L.C. because document correctly refiled as Appellants' Brief [20-50160] (MFY) [Entered: 03/18/2020 03:39 PM] |
| PROPOSED SUFFICIENT RECORD EXCERPTS filed by Appellants Lone Star Transmission, L.L.C., NextEra Energy Capital Holdings, Incorporated, NextEra Energy Transmission Midwest, L.L.C., NextEra Energy Transmission Southwest, L.L.C. and NextEra Energy Transmission, L.L.C. [ # 9274127-2 ] Date of service: 03/18/2020 via email - Attorney for Appellees: Bennett, Hulme; Attorney for Appellants: Ezray, Oliu, Singer, Tillotson; Attorney for Not Party: Murray; US mail - Attorney for Not Party: Mandelberg [20-50160] (Jeffrey Mark Tillotson ) [Entered: 03/18/2020 04:13 PM] |
| CASE TENTATIVELY calendared for oral argument for the week of 06/01/2020. [20-50160] (GAM) [Entered: 03/17/2020 10:33 AM] |
| LETTER OF ADVISEMENT. Reason: advising parties of severed appeals and new appeal number for the severed cases [20-50160] (MFY) [Entered: 03/17/2020 01:45 PM] |
| CASE CAPTION updated. Involvement terminated for Appellants LSP Transmission Holdings II, L.L.C. and Entergy Texas, Incorporated in 20-50160. Reason: Court's order of 3/13 severed case. [20-50160] (MFY) [Entered: 03/17/2020 01:39 PM] |
| CASE CAPTION updated. Not Party USA added to case. Reason: USA as a not party to receive court directive. [20-50160] (MVM) [Entered: 03/17/2020 03:39 PM] |
| COURT DIRECTIVE ISSUED extending time to file amicus curiae brief as to the United States of America, until 04/01/2020 [9273244-2]. [20-50160] (MVM) [Entered: 03/17/2020 03:40 PM] |
| ELECTRONIC RECORD ON APPEAL FILED. Exhibits on File in District Court? No. Electronic ROA deadline satisfied. [20-50160] (DDL) [Entered: 03/16/2020 02:59 PM] |
| APPEARANCE FORM received from Mr. Michael Andrew Boldt for Entergy Texas, Incorporated for the court's review. Lead Counsel? Yes. [20-50160] (Michael Andrew Boldt ) [Entered: 03/13/2020 11:41 AM] |
| APPEARANCE FORM FILED by Attorney(s) Stuart H. Singer for party(s) Appellant Lone Star Transmission, L.L.C. Appellant NextEra Energy Transmission, L.L.C. Appellant NextEra Energy Capital Holdings, Incorporated Appellant NextEra Energy Transmission Midwest, L.L.C. Appellant NextEra Energy Transmission Southwest, L.L.C., in case 20-50160 [20-50160] (RSM) [Entered: 03/13/2020 09:37 AM] |
| APPEARANCE FORM FILED by Attorney(s) Pascual Armando Oliu for party(s) Appellant Lone Star Transmission, L.L.C. Appellant NextEra Energy Transmission, L.L.C. Appellant NextEra Energy Capital Holdings, Incorporated Appellant NextEra Energy Transmission Midwest, L.L.C. Appellant NextEra Energy Transmission Southwest, L.L.C., in case 20-50160 [20-50160] (RSM) [Entered: 03/13/2020 09:11 AM] |
| APPEARANCE FORM FILED by Attorney(s) Evan Matthew Ezray for party(s) Appellant Lone Star Transmission, L.L.C. Appellant NextEra Energy Transmission, L.L.C. Appellant NextEra Energy Capital Holdings, Incorporated Appellant NextEra Energy Transmission Midwest, L.L.C. Appellant NextEra Energy Transmission Southwest, L.L.C., in case 20-50160 [20-50160] (RSM) [Entered: 03/13/2020 09:07 AM] |
| RESPONSE/OPPOSITION filed by Entergy Texas, Incorporated [9270906-1] to the Motion filed by Appellants Lone Star Transmission, L.L.C., NextEra Energy Capital Holdings, Incorporated, NextEra Energy Transmission Midwest, L.L.C., NextEra Energy Transmission Southwest, L.L.C. and NextEra Energy Transmission, L.L.C. [ # 9265846-2 ] Date of Service: 03/13/2020 via email - Attorney for Appellees: Bennett, Hulme; Attorney for Appellants: Boldt, Clement, Ezray, Murphy, Oliu, Singer, Tillotson. [20-50160] (Michael Andrew Boldt ) [Entered: 03/13/2020 11:50 AM] |
| INITIAL CASE CHECK by Attorney Advisor complete, Action: Case OK to Process. [9271223-2] Initial AA Check Due satisfied. [20-50160] (CAS) [Entered: 03/13/2020 03:34 PM] |
| BRIEFING NOTICE ISSUED. EXPEDITED SCHEDULE. A/Pet's Brief Due on 03/18/2020 for Appellants Lone Star Transmission, L.L.C., NextEra Energy Capital Holdings, Incorporated, NextEra Energy Transmission Midwest, L.L.C., NextEra Energy Transmission Southwest, L.L.C. and NextEra Energy Transmission, L.L.C... Appellee's Brief due on 04/08/2020 for Appellees Shelly Botkin, Arthur C. D'Andrea and DeAnn T. Walker.. Reply Brief due on 04/15/2020 for Appellants Lone Star Transmission, L.L.C., NextEra Energy Capital Holdings, Incorporated, NextEra Energy Transmission Midwest, L.L.C., NextEra Energy Transmission Southwest, L.L.C. and NextEra Energy Transmission, L.L.C.. [20-50160] (CAS) [Entered: 03/13/2020 07:32 PM] |
| COURT ORDER: IT IS ORDERED that Appellants' opposed motion to expedite the appeal is GRANTED. The Clerk of Court is directed to set this case for argument during the court's June 2020 sitting. IT IS FURTHER ORDERED that the briefing in this case will proceed as follows: Appellants' brief to be filed within five (5) days of the date of this order; Appellees' brief to be filed within twenty-one (21) days of the filing of Appellants' brief; Appellants' reply brief to be filed within seven (7) days of the filing of Appellees' brief. IT IS FURTHER ORDERED that the Clerk of Court SEVER from this expedited appeal: the appeal of Movant-Appellant Entergy Texas, Incorporated; the appeal of Movant-Appellant LSP Transmission Holdings II, L.L.C.; and any other appeals arising from the district court's denial of the various motions to intervene. IT IS FURTHER ORDERED granting leave to Movant-Appellants (and any other parties appealing the district court's denial of a motion to intervene) to file, if they so choose, a brief as an amicus in this case. Any such brief shall be filed within 21 days of the filing of Appellants' brief in this case. (Case No. 20-50160) [ # 9265846-2 ];[9271362-2] [20-50160] (CAS) [Entered: 03/13/2020 07:01 PM] |
| APPEARANCE FORM FILED by Attorney Michael Andrew Boldt for Appellant Entergy Texas, Incorporated in 20-50160 [20-50160] (RSM) [Entered: 03/13/2020 02:59 PM] |
| APPEARANCE FORM for the court's review. Lead Counsel? No. [20-50160] (Evan Matthew Ezray ) [Entered: 03/12/2020 09:13 AM] |
| APPEARANCE FORM for the court's review. Lead Counsel? No. [20-50160] (Pascual Armando Oliu ) [Entered: 03/12/2020 09:11 AM] |
| CASE CAPTION updated. Additional appeal filed. [9269990-2] Parties added: Appellant Entergy Texas, Incorporated. NOA filed by Appellant Entergy Texas, Incorporated. [9269990-1] [20-50160] (MFY) [Entered: 03/12/2020 11:57 AM] |
| LETTER filed by Appellants Lone Star Transmission, L.L.C., NextEra Energy Capital Holdings, Incorporated, NextEra Energy Transmission Midwest, L.L.C., NextEra Energy Transmission Southwest, L.L.C. and NextEra Energy Transmission, L.L.C. Date of Service: 03/12/2020 via email - Attorney for Appellees: Bennett, Hulme; Attorney for Appellants: Boldt, Clement, Murphy, Tillotson [20-50160] (Jeffrey Mark Tillotson ) [Entered: 03/12/2020 04:34 PM] |
| APPEARANCE FORM for the court's review. Lead Counsel? Yes. [20-50160] (Stuart H. Singer ) [Entered: 03/12/2020 09:09 AM] |
| REPLY filed by Appellants Lone Star Transmission, L.L.C., NextEra Energy Capital Holdings, Incorporated, NextEra Energy Transmission Midwest, L.L.C., NextEra Energy Transmission Southwest, L.L.C. and NextEra Energy Transmission, L.L.C. [9269999-1] to the Motion filed by Appellants Lone Star Transmission, L.L.C., NextEra Energy Capital Holdings, Incorporated, NextEra Energy Transmission Midwest, L.L.C., NextEra Energy Transmission Southwest, L.L.C. and NextEra Energy Transmission, L.L.C. [ # 9265846-2 ]. Date of Service: 03/12/2020 via email - Attorney for Appellees: Bennett, Hulme; Attorney for Appellants: Boldt, Clement, Murphy, Tillotson. [20-50160] (Jeffrey Mark Tillotson ) [Entered: 03/12/2020 12:03 PM] |
| RESPONSE/OPPOSITION filed by Ms. Shelly Botkin, Mr. Arthur C. D'Andrea and Ms. DeAnn T. Walker [9268321-1] to the Motion filed by Appellants Lone Star Transmission, L.L.C., NextEra Energy Capital Holdings, Incorporated, NextEra Energy Transmission Midwest, L.L.C., NextEra Energy Transmission Southwest, L.L.C. and NextEra Energy Transmission, L.L.C. [ # 9265846-2 ] Date of Service: 03/10/2020 via email - Attorney for Appellees: Bennett, Hulme; Attorney for Appellants: Clement, Murphy, Tillotson. [20-50160] (Lisa Bennett ) [Entered: 03/10/2020 03:52 PM] |
| APPEARANCE FORM FILED by Attorney Jeffrey Mark Tillotson for Appellant NextEra Energy Transmission Southwest, L.L.C. in 20-50160, Attorney Jeffrey Mark Tillotson for Appellant Lone Star Transmission, L.L.C. in 20-50160, Attorney Jeffrey Mark Tillotson for Appellant NextEra Energy Transmission Midwest, L.L.C. in 20-50160, Attorney Jeffrey Mark Tillotson for Appellant NextEra Energy Transmission, L.L.C. in 20-50160, Attorney Jeffrey Mark Tillotson for Appellant NextEra Energy Capital Holdings, Incorporated in 20-50160 [20-50160] (RSM) [Entered: 03/09/2020 10:50 AM] |
| ELECTRONIC RECORD ON APPEAL REQUESTED FROM DISTRICT COURT for 1:19-CV-626. Electronic ROA due on 03/24/2020. [20-50160] (MFY) [Entered: 03/09/2020 10:10 AM] |
| APPEARANCE FORM FILED by Attorney(s) Lisa Bennett for party(s) Appellee Shelly Botkin Appellee Arthur C. D'Andrea Appellee DeAnn T. Walker, in case 20-50160 [20-50160] (RSM) [Entered: 03/09/2020 10:57 AM] |
| OPPOSED MOTION filed by Appellants Cross-Appellees Lone Star Transmission, L.L.C., NextEra Energy Capital Holdings, Incorporated, NextEra Energy Transmission Midwest, L.L.C., NextEra Energy Transmission Southwest, L.L.C. and NextEra Energy Transmission, L.L.C. to expedite the appeal [9265846-2]. Date of service: 03/06/2020 via email - Attorney for Appellees Cross-Appellants: Clement, Murphy; Attorney for Appellee: Hulme; Attorney for Appellant Cross-Appellee: Tillotson [20-50160] (Jeffrey Mark Tillotson ) [Entered: 03/06/2020 11:55 AM] |
| APPEARANCE FORM for the court's review. Lead Counsel? No. [20-50160] (Jeffrey Mark Tillotson ) [Entered: 03/06/2020 11:51 AM] |
| CASE CAPTION updated. Additional Appeal filed by Appellant LSP Transmission Holdings II, L.L.C. Party information modified for NextEra Energy Capital Holdings, Incorporated, NextEra Energy Transmission, L.L.C., NextEra Energy Transmission Midwest, L.L.C., Lone Star Transmission, L.L.C., NextEra Energy Transmission Southwest, L.L.C. and LSP Transmission Holdings II, L.L.C. in 20-50160. [20-50160] [9265718-1] [20-50160] (AS) [Entered: 03/06/2020 11:05 AM] |
| INITIAL CASE CHECK by Attorney Advisor complete, Action: Case OK to Process. [9266142-2] Initial AA Check Due satisfied.. Transcript order due on 03/23/2020 for Appellants LSP Transmission Holdings II, L.L.C., Lone Star Transmission, L.L.C., NextEra Energy Capital Holdings, Incorporated, NextEra Energy Transmission Midwest, L.L.C., NextEra Energy Transmission Southwest, L.L.C. and NextEra Energy Transmission, L.L.C. [20-50160] (RSM) [Entered: 03/06/2020 02:34 PM] |
| APPEARANCE FORM for the court's review. Lead Counsel? Yes. [20-50160] (Lisa Bennett ) [Entered: 03/06/2020 04:35 PM] |
| EXHIBITS IN SUPPORT filed by Appellants Lone Star Transmission, L.L.C., NextEra Energy Capital Holdings, Incorporated, NextEra Energy Transmission Midwest, L.L.C., NextEra Energy Transmission Southwest, L.L.C. and NextEra Energy Transmission, L.L.C. in support of Motion to expedite appeal [ # 9265846-2 ] [20-50160] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: APPENDIX FILED by Appellants Lone Star Transmission, L.L.C., NextEra Energy Capital Holdings, Incorporated, NextEra Energy Transmission Midwest, L.L.C., NextEra Energy Transmission Southwest, L.L.C. and NextEra Energy Transmission, L.L.C. Date of Service: 03/06/2020 via email - Attorney for Appellants: Clement, Murphy, Tillotson; Attorney for Appellee: Hulme [20-50160] (Jeffrey Mark Tillotson ) [Entered: 03/06/2020 03:19 PM] |
| TRANSCRIPT ORDER received advising transcript unnecessary as it is already filed. Transcript Order ddl satisfied [20-50160] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: TRANSCRIPT ORDER received from Appellants Lone Star Transmission, L.L.C., NextEra Energy Capital Holdings, Incorporated, NextEra Energy Transmission Midwest, L.L.C., NextEra Energy Transmission Southwest, L.L.C. and NextEra Energy Transmission, L.L.C. advising transcript unnecessary as it is already filed. Date of Service: 03/06/2020 via email - Attorney for Appellants: Clement, Murphy, Tillotson; Attorney for Appellee: Hulme [20-50160] (Jeffrey Mark Tillotson ) [Entered: 03/06/2020 04:43 PM] |
| PRIVATE CIVIL FEDERAL CASE docketed. NOA filed by Appellants Lone Star Transmission, L.L.C., NextEra Energy Capital Holdings, Incorporated, NextEra Energy Transmission Midwest, L.L.C., NextEra Energy Transmission Southwest, L.L.C. and NextEra Energy Transmission, L.L.C. [20-50160] (MBC) [Entered: 03/05/2020 11:37 AM] |
Access additional case information on PACER
Access the Case Summary and Docket Report to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
