Arandell Corporation, et al v. Xcel Energy Inc., et al
| WILLIAMS MERCHANT SERVICES COMPANY, INC. and WILLIAMS GAS MARKETING, INC., formerly known as WILLIAMS POWER COMPANY, INC. |
| ARANDELL CORPORATION, SARGENTO FOODS INC., BRIGGS & STRATTON CORPORATION, CARTHAGE COLLEGE, LADISH CO., INC. and NEWPAGE WISCONSIN SYSTEM, INCORPORATED |
| XCEL ENERGY INC., NORTHERN STATES POWER COMPANY, E PRIME, INC., DYNEGY ILLINOIS INC., DMT G.P. L.L.C., DYNEGY GP INC., DYNEGY MARKETING AND TRADE and WILLIAMS COMPANIES, INCORPORATED |
| 22-3279 |
| December 27, 2022 |
| U.S. Court of Appeals, Seventh Circuit |
| Other Contract Actions |
Opinions
We have the following opinions for this case:
| Description |
|---|
| Arandell Corporation v Xcel Energy Inc. |
 Arandell Corporation v. Xcel Energy Inc.
|
Docket Report
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This docket was last retrieved on February 24, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 31 Paper copies of appellee brief and appendix filed by Appellees Arandell Corporation, Briggs & Stratton Corporation, Carthage College, Ladish Co., Inc., NewPage Wisconsin System, Incorporated and Sargento Foods Inc.. [31] [7293466] [22-3279] (CAG) [Entered: 02/24/2023 10:20 AM] |
| Filing 30 Filed Appendix by Appellees Arandell Corporation, Briggs & Stratton Corporation, Carthage College, Ladish Co., Inc., NewPage Wisconsin System, Incorporated and Sargento Foods Inc.. [30] [7292719] Paper copies due on 02/28/2023 [22-3279] (MLM) [Entered: 02/22/2023 10:40 AM] |
| Filing 29 Appellee's brief filed by Appellees Arandell Corporation, Briggs & Stratton Corporation, Carthage College, Ladish Co., Inc., NewPage Wisconsin System, Incorporated and Sargento Foods Inc.. Paper copies due on 02/28/2023. Electronically Transmitted. REMINDER: If a case is designated to proceed to oral argument, hearing notices will be mailed shortly before the date of oral argument. Please note that counsel's unavailability for oral argument must be submitted by letter, filed electronically with the Clerk's Office, no later than the filing of the appellant's brief in a criminal case and the filing of an appellee's brief in a civil case. See Cir. R. 34(b)(3). The court's calendar is located at https://www.ca7.uscourts.gov/cal/argcalendar.pdf. Once scheduled, oral argument is rescheduled only in extraordinary circumstances. See Cir. R. 34(b)(4), (e). [29] [7292718] [22-3279] (MLM) [Entered: 02/22/2023 10:38 AM] |
| Filing 28 Submitted Supplemental Appendix by Robert L. Gegios for Appellees Arandell Corporation, Briggs & Stratton Corporation, Carthage College, Ladish Co., Inc., NewPage Wisconsin System, Incorporated and Sargento Foods Inc.. [28] NOTE: Access to this entry is limited to counsel of record. Once the document is approved by the court, it will be filed onto the court's docket as a separate entry which will be open to the public. [7292651] [22-3279] (Gegios, Robert) [Entered: 02/21/2023 07:13 PM] |
| Filing 27 Submitted appellee brief by Robert L. Gegios for Appellees Arandell Corporation, Briggs & Stratton Corporation, Carthage College, Ladish Co., Inc., NewPage Wisconsin System, Incorporated and Sargento Foods Inc.. [27] NOTE: Access to this entry is limited to counsel of record. Once the document is approved by the court, it will be filed onto the court's docket as a separate entry which will be open to the public. [7292650] [22-3279] (Gegios, Robert) [Entered: 02/21/2023 07:11 PM] |
| Filing 26 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Russell S. Jones, Jr. for Appellees Arandell Corporation, Briggs & Stratton Corporation, Carthage College, Ladish Co., Inc., NewPage Wisconsin System, Incorporated and Sargento Foods Inc.. [26] [7292447] (L-No; E-Yes; R-No) [22-3279] --[Edited 02/21/2023 by ER - added Attorney Russell S. Jones, Jr.] (Jones, Russell) [Entered: 02/21/2023 10:59 AM] |
| Filing 25 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Ryan M. Billings for Appellees Arandell Corporation, Briggs & Stratton Corporation, Carthage College, Ladish Co., Inc., NewPage Wisconsin System, Incorporated and Sargento Foods Inc.. Additional Parties: Merrick's, Inc.. [25] [7292396] (L-No; E-Yes; R-No) [22-3279] [Edited 02/21/2023 by ER - added Attorney Ryan M. Billings] (Billings, Ryan) [Entered: 02/21/2023 09:34 AM] |
| Filing 24 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Melinda Bialzik for Appellees Arandell Corporation, Briggs & Stratton Corporation, Carthage College, Sargento Foods Inc., Ladish Co., Inc. and NewPage Wisconsin System, Incorporated. [24] [7292392] (L-No; E-Yes; R-No) [22-3279] --[Edited 02/21/2023 by ER - added Attorney Melinda A. Bialzik] (Bialzik, Melinda) [Entered: 02/21/2023 09:31 AM] |
| Filing 23 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Lance E. Duroni for Appellees Arandell Corporation, Briggs & Stratton Corporation, Carthage College, Ladish Co., Inc. and NewPage Wisconsin System, Incorporated. [23] [7292387] (L-No; E-Yes; R-No) [22-3279] -[Edited 02/21/2023 by ER - added Attorney Lance E. Duroni] (Duroni, Lance) [Entered: 02/21/2023 09:25 AM] |
| Filing 22 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Robert L. Gegios for Appellees Arandell Corporation, Briggs & Stratton Corporation, Carthage College, Ladish Co., Inc., NewPage Wisconsin System, Incorporated and Sargento Foods Inc.. Additional Parties: Merrick's, Inc.. [22] [7292384] (L-Yes; E-Yes; R-No) [22-3279] (Gegios, Robert) [Entered: 02/21/2023 09:20 AM] |
| Filing 21 Added Attorney(s) Natalie West for party(s) Appellant e Prime, Inc. Appellant Northern States Power Company Appellant Xcel Energy Inc., in case 22-3279 per disclosure statement. Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Natalie E. West for Appellants e Prime, Inc., Northern States Power Company and Xcel Energy Inc. [21] [7289427] (L-No; E-Yes; R-No) [22-3279]--[Edited 02/06/2023 by AD] (West, Natalie) [Entered: 02/06/2023 01:35 PM] |
| Filing 20 Added Attorney(s) Kathryn Reilly for party(s) Appellant e Prime, Inc. Appellant Northern States Power Company Appellant Xcel Energy Inc., in case 22-3279 per disclosure statement. Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Kathryn A. Reilly for Appellants e Prime, Inc., Northern States Power Company and Xcel Energy Inc. [20] [7289425] (L-No; E-Yes; R-No) [22-3279]--[Edited 02/06/2023 by AD to reflect the addition of counsel.] (Reilly, Kathryn) [Entered: 02/06/2023 01:30 PM] |
| Filing 19 NOTICE: Circuit Rule 46(a) requires lead counsel be admitted to practice within 30 days of the date the appeal/petition was docketed. The rule also requires any attorney wishing to present oral argument to be admitted. Our records indicate as of this date Attorney Edwin McAllister Buffmire for Appellants Dynegy Marketing and Trade, Dynegy Illinois Inc., DMT G.P. L.L.C. and Dynegy GP Inc. has/have not been admitted to practice in this court. Within 21 days, please file your application for admission by going to: https://www.ca7.uscourts.gov/forms/forms7.htm and choosing the link, "Application for Admission to Practice in the Seventh Circuit". [19] [7288206] [22-3279] (LJ) [Entered: 01/31/2023 12:08 PM] |
| Filing 18 Argument set for Wednesday, April 5, 2023, at 9:30 a.m. in the Main Courtroom, Room 2721, of the United States Court of Appeals for the Seventh Circuit, 219 S. Dearborn Street, Chicago, Illinois. Minutes to be assigned later. [18] [7287809] [22-3279] (SK) [Entered: 01/30/2023 09:19 AM] |
| Filing 17 Paper copies of appellant brief and appendix filed by Appellants DMT G.P. L.L.C., Dynegy GP Inc., Dynegy Illinois Inc., Dynegy Marketing and Trade, Northern States Power Company, Xcel Energy Inc. and e Prime, Inc.. [17] [7287080] [22-3279] (LJ) [Entered: 01/25/2023 12:44 PM] |
| Filing 14 Re-Submitted appellant brief by Jennifer Caughey for Appellants DMT G.P. L.L.C., Dynegy GP Inc., Dynegy Illinois Inc., Dynegy Marketing and Trade, e Prime, Inc., Northern States Power Company and Xcel Energy Inc.. [14] NOTE: Access to this entry is limited to counsel of record. Once the document is approved by the court, it will be filed onto the court's docket as a separate entry which will be open to the public. [7286762] [22-3279] (Caughey, Jennifer) [Entered: 01/24/2023 12:07 PM] |
| Filing 16 Filed Appendix by Appellants DMT G.P. L.L.C., Dynegy GP Inc., Dynegy Illinois Inc., Dynegy Marketing and Trade, Northern States Power Company, Xcel Energy Inc. and e Prime, Inc.. [16] [7286829] Paper copies due on 01/27/2023 [22-3279] (CAG) [Entered: 01/24/2023 01:14 PM] |
| Filing 15 Appellant's brief filed by Appellants DMT G.P. L.L.C., Dynegy GP Inc., Dynegy Illinois Inc., Dynegy Marketing and Trade, Northern States Power Company, Xcel Energy Inc. and e Prime, Inc.. Paper copies due on 01/27/2023. Electronically Transmitted. REMINDER: If a case is designated to proceed to oral argument, hearing notices will be mailed shortly before the date of oral argument. Please note that counsel's unavailability for oral argument must be submitted by letter, filed electronically with the Clerk's Office, no later than the filing of the appellant's brief in a criminal case and the filing of an appellee's brief in a civil case. See Cir. R. 34(b)(3). The court's calendar is located at https://www.ca7.uscourts.gov/cal/argcalendar.pdf. Once scheduled, oral argument is rescheduled only in extraordinary circumstances. See Cir. R. 34(b)(4), (e). [15] [7286828] [22-3279] (CAG) [Entered: 01/24/2023 01:12 PM] |
| Filing 13 Brief deficiency letter sent to Appellants DMT G.P. L.L.C., Dynegy GP Inc., Dynegy Illinois Inc., Dynegy Marketing and Trade, Northern States Power Company, Xcel Energy Inc. and e Prime, Inc.. [13] [7286313] [22-3279] (CAG) [Entered: 01/23/2023 09:15 AM] |
| Filing 12 Submitted Appendix by Jennifer Caughey for Appellants DMT G.P. L.L.C., Dynegy GP Inc., Dynegy Illinois Inc., Dynegy Marketing and Trade, e Prime, Inc., Xcel Energy Inc. and Northern States Power Company. [12] NOTE: Access to this entry is limited to counsel of record. Once the document is approved by the court, it will be filed onto the court's docket as a separate entry which will be open to the public. [7286282] [22-3279] (Caughey, Jennifer) [Entered: 01/20/2023 05:55 PM] |
| Filing 11 Submitted appellant brief by Jennifer Caughey for Appellants DMT G.P. L.L.C., Dynegy GP Inc., Dynegy Illinois Inc., Dynegy Marketing and Trade, e Prime, Inc., Northern States Power Company and Xcel Energy Inc.. [11] NOTE: Access to this entry is limited to counsel of record. Once the document is approved by the court, it will be filed onto the court's docket as a separate entry which will be open to the public. [7286279] [22-3279] (Caughey, Jennifer) [Entered: 01/20/2023 05:52 PM] |
| Filing 10 Filed Seventh Circuit Transcript Information Sheet by Appellants Xcel Energy Inc., Northern States Power Company and e Prime, Inc.. [10] [7283549] [22-3279] (Harrison, Kendall) [Entered: 01/09/2023 03:08 PM] |
| Filing 9 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Kendall W. Harrison for Appellants Xcel Energy Inc., Northern States Power Company and e Prime, Inc.. [9] [7283543] (L-Yes; E-Yes; R-No) [22-3279] (Harrison, Kendall) [Entered: 01/09/2023 03:00 PM] |
| Filing 8 Added Attorney(s) Edwin McAllister Buffmire for party(s) Appellant Dynegy Marketing and Trade Appellant Dynegy GP Inc. Appellant DMT G.P. L.L.C. Appellant Dynegy Illinois Inc., in case 22-3279 per disclosure statement. Circuit Rule 26.1 Disclosure statement and Appearance form filed by Attorney Edwin M. Buffmire for Appellee Arandell Corporation party(s) Appellant Dynegy Marketing and Trade Appellant Dynegy GP Inc. Appellant DMT G.P. L.L.C. Appellant Dynegy Illinois Inc., in case 22-3279. [8] [7282833] (L-No; E-Yes; R-No) [22-3279]--[Edited 01/05/2023 by AD to reflect the addition of counsel and proper parties.] (Buffmire, Edwin) [Entered: 01/05/2023 10:38 AM] |
| Filing 7 Amended Docketing Statement filed by Appellants DMT G.P. L.L.C., Dynegy GP Inc., Dynegy Illinois Inc., Dynegy Marketing and Trade, e Prime, Inc., Xcel Energy Inc. and Northern States Power Company. [7] [7282796] [22-3279]--[Edited 01/06/2023 by VG - to reflect correct document title] (Caughey, Jennifer) [Entered: 01/05/2023 09:49 AM] |
Filing 6
ORDER: Circuit Rule 3(c)(1), referencing Circuit Rule 28(a), requires an appellant to file a docketing statement which provides information concerning the district courts jurisdiction. If jurisdiction depends on diversity, the statement must identify the amount in controversy and establish the required diversity between the parties. In the present case, appellants claim that the district court had jurisdiction based on the Class Action Fairness Act. See 28 U.S.C. 1332(d). Appellants Circuit Rule 3(c) docketing statement, however, fails to identify the state of citizenship of at least one plaintiff and at least one defendant; it is insufficient to state that there are members of the proposed class who are citizens of a state different from any defendant, and [t]he citizenship for each party that is a corporation is identified in the notices of removal. Further, appellants must provide the date the petition for permission to appeal was filed in this court. Accordingly, appellants shall file a complete statement of jurisdiction that includes the omitted information. The statement is due on or before January 9, 2023. DW [6] [7282394] [22-3279] (AD) [Entered: 01/03/2023 04:49 PM]
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| Filing 5 Filed Seventh Circuit Transcript Information Sheet by Appellants DMT G.P. L.L.C., Dynegy Illinois Inc., Dynegy Marketing and Trade, Dynegy GP Inc., e Prime, Inc., Northern States Power Company and Xcel Energy Inc.. [5] [7281958] [22-3279] (Fischer, Joseph) [Entered: 12/30/2022 10:27 AM] |
| Filing 4 Added Attorney(s) Joseph A. Fischer III for party(s) Appellant Dynegy Marketing and Trade Appellant Dynegy GP Inc. Appellant DMT G.P. L.L.C. Appellant Dynegy Illinois Inc., in case 22-3279 per disclosure statement. Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Joseph A. Fischer, III for Appellants DMT G.P. L.L.C., Dynegy GP Inc., Dynegy Illinois Inc. and Dynegy Marketing and Trade. [4] [7281946] (L-No; E-Yes; R-No) [22-3279]--[Edited 12/30/2022 by AD to reflect the addition of counsel.] (Fischer, Joseph) [Entered: 12/30/2022 10:01 AM] |
| Filing 3 Docketing Statement filed by Appellants DMT G.P. L.L.C., Dynegy GP Inc., Dynegy Illinois Inc., Dynegy Marketing and Trade, e Prime, Inc., Northern States Power Company and Xcel Energy Inc.. Prior or Related proceedings: No. [3] [7281916] [22-3279] (Caughey, Jennifer) [Entered: 12/29/2022 04:44 PM] |
| Filing 2 TEXT ENTRY: Pursuant to the court's 12/21/2022 order in appeal no. 22-8008, briefing will proceed as follows: Appellants' briefs due on or before 01/20/2023 for DMT G.P. L.L.C., Dynegy GP Inc., Dynegy Illinois Inc., Dynegy Marketing and Trade, Northern States Power Company, Williams Companies, Incorporated, Williams Gas Marketing, Inc., Williams Merchant Services Company, Inc., Xcel Energy Inc. and e Prime, Inc.. Appellees' brief due on or before 02/21/2023 for Arandell Corporation, Briggs & Stratton Corporation, Carthage College, Ladish Co., Inc., NewPage Wisconsin System, Incorporated and Sargento Foods Inc.. Appellants' reply briefs, if any, is due on or before 03/07/2023 for Appellants DMT G.P. L.L.C., Dynegy GP Inc., Dynegy Illinois Inc., Dynegy Marketing and Trade, Northern States Power Company, Williams Companies, Incorporated, Williams Gas Marketing, Inc., Williams Merchant Services Company, Inc., Xcel Energy Inc. and e Prime, Inc. JR [7281588] [22-3279] (CG) [Entered: 12/28/2022 11:18 AM] |
| Filing 1 Private civil case docketed. Fee paid. Docketing Statement due for Appellants DMT G.P. L.L.C., Dynegy GP Inc., Dynegy Illinois Inc., Dynegy Marketing and Trade, Northern States Power Company, Williams Companies, Incorporated, Williams Gas Marketing, Inc., Williams Merchant Services Company, Inc., Xcel Energy Inc. and e Prime, Inc. by 12/28/2022. Transcript information sheet due by 01/10/2023. Appellants' briefs due on or before 01/20/2023 for DMT G.P. L.L.C., Dynegy GP Inc., Dynegy Illinois Inc., Dynegy Marketing and Trade, Northern States Power Company, Williams Companies, Incorporated, Williams Gas Marketing, Inc., Williams Merchant Services Company, Inc., Xcel Energy Inc. and e Prime, Inc. [1] [7281582] [22-3279] (CG) [Entered: 12/28/2022 10:58 AM] |
| Case transferred from Miscellaneous Docket No. 22-8008. [7281584-2] [7281584] [22-3279, 22-8008] (CG) [Entered: 12/28/2022 11:10 AM] |
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