MasTec Power Corporation v. Gateway Cogeneration I, LLC et al
| MASTEC POWER CORPORATION |
| Power Engineers, Inc., GATEWAY COGENERATION I, LLC, Gateway Cogeneration 1, LLC and Power Engineers, Incorporated |
| 1:2020cv02356 |
| August 7, 2020 |
| US District Court for the District of Colorado |
| William J Martinez |
| Kristen L Mix |
| Other Statutory Actions |
| 18 U.S.C. § 1905 |
| Plaintiff |
Docket Report
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| Filing 51 Proposed Scheduling Order by Plaintiff MasTec Power Corporation. (Briant, Jared) |
| Filing 50 MEMORANDUM regarding #49 MOTION for Leave to Restrict filed by MasTec Power Corporation. Motions referred to Magistrate Judge Kristen L. Mix by Judge William J. Martinez on 9/23/2020. Text Only Entry (wjmsec, ) |
| Filing 49 MOTION for Leave to Restrict by Plaintiff MasTec Power Corporation. (Attachments: #1 Exhibit A to Motion to Restrict-DonMoyer Supplemental Declaration ECF No 43, #2 Exhibit B to Motion to Restrict- Frahm Supplemental Declaration ECF No 44)(Briant, Jared) |
Filing 48
MINUTE ORDER. In accordance with efforts to minimize the spread of COVID-19, all counsel or parties who wish to participate in, or members of the public who wish to listen into, the Scheduling Conference set on October 7, 2020, at 9:30 a.m. shall do so by TELEPHONE by calling the Court at 888-363-4749, Access Code: 2115325#, at the time of the hearing. by Magistrate Judge Kristen L. Mix on 9/21/2020. Text Only Entry (klmlc2, )
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Filing 47
MINUTE ORDER by Magistrate Judge Kristen L. Mix on 09/18/20 GRANTING #40 Motion for Leave to Restrict ; GRANTING #25 Motion for Leave to Restrict. IT IS FURTHER ORDERED that, in the absence of any restriction request, the Clerk of Court shall remove all restriction from (1) Plaintiff's Proposed Order [#9-4], and (2) Plaintiff's Exhibit 1 [#23-1] to Plaintiff's revised Motion for Preliminary Injunction.(nmarb, ) .
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Filing 46
ORDER: This matter is before the Court on Defendant Power Engineers, Incorporated's Motion to Strike Plaintiff's Reply Brief #45 . The Court will consider Defendant Power Engineers, Incorporated's Motion when it rules on the 27 Motion for Preliminary Injunction. The Court will not accept any response to the instant Motion. SO ORDERED by Judge William J. Martinez on 9/10/2020. Text Only Entry (wjmsec, )
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| Filing 45 MOTION to Strike #42 Reply to Response to Motion, #44 Restricted Document - Level 1, #43 Restricted Document - Level 1 by Defendant Power Engineers, Incorporated. (Attachments: #1 Exhibit Ex 1 - Extension Communications, #2 Exhibit Ex 2 - 8.21.20 Briant Email, #3 Exhibit Ex 3 - 9.1.20 Briant Ltr)(Kwiatkowski, Colleen) |
| Filing 44 RESTRICTED DOCUMENT - Level 1 - Supplemental Declaration of Aaron Frahm Support of Motion for Preliminary Injunction : by Plaintiff MasTec Power Corporation.. (Attachments: #1 Exhibit Exhibits V through AA to Supplemental Declaration of Aaron Frahm in Support of Motion for Preliminary Injunction)(Briant, Jared) Modified on 9/10/2020 to add title (angar, ). |
| Filing 43 RESTRICTED DOCUMENT - Level 1 - Supplemental Declaration of Michael Donmoyer in Support o Motion for Preliminary Injunction : by Plaintiff MasTec Power Corporation.. (Attachments: #1 Exhibit Exhibits O through U to Supplemental Declaration of Michael DonMoyer in Support of Motion for Preliminary Injunction)(Briant, Jared) Modified on 9/10/2020 to add title (angar, ). |
| Filing 42 REPLY to Response to 27 MOTION for Preliminary Injunction filed by Plaintiff MasTec Power Corporation. (Briant, Jared) |
| Filing 41 MEMORANDUM regarding #40 MOTION for Leave to Restrict filed by MasTec Power Corporation. Motions referred to Magistrate Judge Kristen L. Mix by Judge William J. Martinez on 9/8/2020. Text Only Entry (wjmsec, ) |
| Filing 40 MOTION for Leave to Restrict by Plaintiff MasTec Power Corporation. (Attachments: #1 Exhibit Exhibit A to Motion to Restrict Public Access to ECF No. 23)(Briant, Jared) |
| Filing 39 NOTICE of Entry of Appearance by James J. Hartnett on behalf of MasTec Power CorporationAttorney James J. Hartnett added to party MasTec Power Corporation(pty:pla) (Hartnett, James) |
| Filing 38 RESPONSE to 27 MOTION for Preliminary Injunction filed by Defendant Gateway Cogeneration 1, LLC. (Attachments: #1 Exhibit Exhibit A to Defendant's Response in Opposition to Plaintiff's Motion for Preliminary Injunction - Declaration of Jack White, #2 Exhibit Exhibit B to Defendant's Response in Opposition to Plaintiff's Motion for Preliminary Injunction - Declaration of T. Edward McDaniel)(Seese, Eric) |
| Filing 37 CORPORATE DISCLOSURE STATEMENT. (Seese, Eric) |
| Filing 36 CORPORATE DISCLOSURE STATEMENT. (Quinn, Thomas) |
| Filing 35 RESPONSE to 27 MOTION for Preliminary Injunction filed by Defendant Power Engineers, Incorporated. (Attachments: #1 Exhibit Ex. 1 - Declaration of James Spicer, #2 Exhibit Ex. 2 - Teaming Agreement, #3 Exhibit Ex. 3 - 7.10.20 Hartnett ltr, #4 Exhibit Ex. 4 - 8.21.20 Briant email, #5 Exhibit Ex. 5 - 8.25.20 Briant email, #6 Exhibit Ex. 6 - 8.26.20 Briant email, #7 Exhibit Ex. 7 - 8.26.20 Briant ltr)(Quinn, Thomas) |
| Filing 34 NOTICE of Entry of Appearance by Colleen Kwiatkowski on behalf of Power Engineers, IncorporatedAttorney Colleen Kwiatkowski added to party Power Engineers, Incorporated(pty:dft) (Kwiatkowski, Colleen) |
| Filing 33 NOTICE of Entry of Appearance by Thomas Baker Quinn on behalf of Power Engineers, IncorporatedAttorney Thomas Baker Quinn added to party Power Engineers, Incorporated(pty:dft) (Quinn, Thomas) |
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Filing 32
ORDER granting Defendant Gateway Cogeneration I, LLC's Motion to Extend its Time to Respond to Plaintiff's Motion for Preliminary Injunction #30 . Defendant Gateway is granted leave, for good cause shown, to file its Response to Plaintiff's Motion for Preliminary Injunction on or before September 1, 2020. Plaintiff shall file its Reply in support of its Motion on or before September 8, 2020. SO ORDERED by Judge William J. Martinez on 8/25/2020. Text Only Entry(wjmsec, )
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| Filing 31 NOTICE re #30 MOTION for Extension of Time to File Response/Reply as to 27 MOTION for Preliminary Injunction by Defendant Gateway Cogeneration 1, LLC (Seese, Eric) |
| Filing 30 MOTION for Extension of Time to File Response/Reply as to 27 MOTION for Preliminary Injunction by Defendant Gateway Cogeneration 1, LLC. (Seese, Eric) |
| Filing 29 MEMORANDUM regarding #25 MOTION for Leave to Restrict filed by MasTec Power Corporation. Motions referred to Magistrate Judge Kristen L. Mix by Judge William J. Martinez on 8/24/2020. Text Only Entry (wjmsec, ) |
| Filing 28 NOTICE of Entry of Appearance by Eric Job Seese on behalf of Gateway Cogeneration 1, LLCAttorney Eric Job Seese added to party Gateway Cogeneration 1, LLC(pty:dft) (Seese, Eric) |
| Filing 27 MOTION for Preliminary Injunction by Plaintiff MasTec Power Corporation. (Public Entry for Level 1 Restricted Document #23 ). Text Only Entry (athom, ) |
| Filing 26 NOTICE re 24 Order,, Plaintiff did immediately serve a copy of this order on Defendant Power Engineers, Inc. by Plaintiff MasTec Power Corporation (Briant, Jared) |
| Filing 25 MOTION for Leave to Restrict by Plaintiff MasTec Power Corporation. (Attachments: #1 Exhibit Exhibit A to Plaintiff's Unopposed Motion to Restrict Public Access, #2 Exhibit Exhibit B to Plaintiff's Unopposed Motion to Restrict Public Access, #3 Exhibit Exhibit C to Plaintiff's Unopposed Motion to Restrict Public Access, #4 Exhibit Exhibit D to Plaintiff's Unopposed Motion to Restrict Public Access)(Briant, Jared) |
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Filing 24
ORDER: This matter is before the Court on Plaintiff's Motion for Preliminary Injunction #23 . Defendants are ORDERED to file a response to Plaintiff's Motion for Preliminary Injunction on or before August 26, 2020 and Plaintiff is ORDERED to file a reply on or before September 1, 2020. Upon receipt of the parties' submissions, the Court will determine the necessity of an evidentiary hearing. Plaintiff is further ORDERED to immediately serve a copy of this order on Defendant Power Engineers, Inc., who has not yet appeared in this action. SO ORDERED by Judge William J. Martinez on 8/21/2020. Text Only Entry (wjmlc2)
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| Filing 23 RESTRICTED DOCUMENT - Level 1: by Plaintiff MasTec Power Corporation.. (Attachments: #1 Exhibit Exhibit 1 to Motion for Preliminary Injunction, #2 Affidavit Affidavit of Michael DonMoyer in Support of Motion for Preliminary Injunction, #3 Exhibit Exhibits A-N to Affidavit of Michael DonMoyer, #4 Affidavit Affidavit of Aaron Frahm in Support of Motion for Preliminary Injunction, #5 Proposed Order (PDF Only) Proposed Order Re Motion for Preliminary Injunction)(Briant, Jared) |
| Filing 22 WAIVER OF SERVICE Returned Executed by MasTec Power Corporation. Power Engineers, Incorporated waiver sent on 8/17/2020, answer due 10/16/2020. (Briant, Jared) |
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Filing 21
ORDER: This matter is before the Court on Plaintiff's Motion for Preliminary Injunction ("Motion") #9 . The Motion is DENIED without prejudice for violating Federal Rule of Civil Procedure 65(a)(1) ("The court may issue a preliminary injunction only on notice to the adverse party."). Plaintiff may refile the Motion after notifying and serving of a copy of the Motion papers on Defendants. SO ORDERED by Judge William J. Martinez on 8/19/2020. Text Only Entry (wjmlc2)
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Filing 20
ORDER: Counsel for the parties and all counsel who may later enter an appearance shall review and familiarize themselves with the undersigned's Revised Practice Standards (as most recently revised effective December 1, 2019 and as they may be amended from time to time), which may be downloaded #here. SO ORDERED by Judge William J. Martinez on 8/ 19/2020. Text Only Entry (wjmsec, )
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Filing 19
ORDER REFERRING CASE to Magistrate Judge Kristen L. Mix. Magistrate Judge Mix, or such other Magistrate Judge who may in the future be reassigned this case, is designated to conduct NDISPO proceedings pursuant to 28 U.S.C. 636(b)(1)(A) and (B) and Fed.R.Civ.P. 72(a) and (b). Court sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. On the recommendation or informal request of the Magistrate Judge or on the request of the parties by motion, the court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding. SO ORDERED by Judge William J. Martinez on 8/19/2020. Text Only Entry (wjmsec, )
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| Filing 18 CASE REASSIGNED pursuant to #17 Minute Order. This case is randomly reassigned to Judge William J. Martinez. All future pleadings should be designated as 20-cv-02356-WJM. (Text Only Entry) (nmarb, ) |
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Filing 17
MINUTE ORDER by Magistrate Judge Kristen L. Mix on 8/18/20. This matter is before the Court sua sponte. This case was assigned to a United States Magistrate Judge pursuant to D.C.COLO.LCivR 40.1(c). Although a signedConsent/Non-Consent Form has not yet been filed, Plaintiff has filed a Motion for Preliminary Injunction [#9]. See D.C.COLO.LCivR 40.1(c)(2)(a) (discussing assignment of cases in which a motion for injunctive relief has been filed). Accordingly, IT IS HEREBY ORDERED that this case shall be assigned to a District Judge under D.C.COLO.LCivR 40.1(c)(8) and D.C.COLO.LCivR 40.1(a). (nmarb, )
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| Filing 16 CONSENT to Jurisdiction of Magistrate Judge by Plaintiff MasTec Power Corporation All parties do not consent.. (Briant, Jared) |
| Filing 15 WAIVER OF SERVICE Returned Executed by MasTec Power Corporation. Gateway Cogeneration 1, LLC waiver sent on 8/17/2020, answer due 10/16/2020. (Briant, Jared) |
| Filing 14 NOTICE of Entry of Appearance by Kendra Ann Snyder on behalf of Gateway Cogeneration 1, LLCAttorney Kendra Ann Snyder added to party Gateway Cogeneration 1, LLC(pty:dft) (Snyder, Kendra) |
| Filing 13 NOTICE of Entry of Appearance by Alexander M. Hunter, III on behalf of Gateway Cogeneration 1, LLCAttorney Alexander M. Hunter, III added to party Gateway Cogeneration 1, LLC(pty:dft) (Hunter, Alexander) |
| Filing 12 SUMMONSES issued by Clerk. (Attachments: #1 Magistrate Judge Consent Form) (nmarb, ) |
| Filing 11 SUMMONS REQUEST as to Power Engineers, Incorporated by Plaintiff MasTec Power Corporation. (Briant, Jared) |
| Filing 10 SUMMONS REQUEST as to Gateway Cogeneration I, LLC by Plaintiff MasTec Power Corporation. (Briant, Jared) |
| Filing 9 RESTRICTED DOCUMENT - Level 2: by Plaintiff MasTec Power Corporation.. (Attachments: #1 Affidavit Affidavit of Michael Donmoyer in Support of Motion for Preliminary Injunction, #2 Exhibit Exhibits A-N to Affidavit of Michael Donmoyer in Support of Motion for Preliminary Injunction, #3 Affidavit Affidavit of Aaron Frahm in Support of Motion for Preliminary Injunction, #4 Proposed Order (PDF Only))(Briant, Jared) |
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Filing 8
ORDER by Magistrate Judge Kristen L. Mix on 8/11/20 Setting Scheduling/Planning Conference. Proposed Scheduling Order due by 9/30/2020. Scheduling/Planning Conference set for 10/7/2020 09:30 AM in Courtroom A 401 before Magistrate Judge Kristen L. Mix. (Attachments: #1 Attachment 1, #2 Attachment 2) (nmarb, )
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Filing 7
MINUTE ORDER. Pursuant to D.C.COLO.LCivR 40.1(c)(4), the deadline to file the Consent/Non-Consent to United States Magistrate Judge Jurisdiction form [#5] is September 23, 2020. by Magistrate Judge Kristen L. Mix on 8/11/2020. Text Only Entry (klmlc2, )
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| Filing 6 NOTICE of Entry of Appearance of Rachel L. Burkhart by Rachel L. Burkhart on behalf of MasTec Power CorporationAttorney Rachel L. Burkhart added to party MasTec Power Corporation(pty:pla) (Burkhart, Rachel) |
| Filing 5 Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. NO SUMMONS ISSUED. (jtorr, ) |
| Filing 4 Case assigned to Magistrate Judge Kristen L. Mix. Text Only Entry. (jtorr, ) |
| Filing 3 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent MasTec, Inc. for MASTEC POWER CORPORATION. (Briant, Jared) |
| Filing 2 RESTRICTED DOCUMENT - Level 2: by Plaintiff MASTEC POWER CORPORATION.. (Briant, Jared) |
| Filing 1 COMPLAINT CIVIL COVER SHEET against GATEWAY COGENERATION I, LLC, Power Engineers, Inc. (Filing fee $ 400,Receipt Number 1082-7426373)Attorney Jared Barrett Briant added to party MASTEC POWER CORPORATION(pty:pla), filed by MASTEC POWER CORPORATION.(Briant, Jared) |
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