MATTWAOSHSHE et al v. NEXTERA ENERGY, INC. et al

Justia Dockets & Filings D.C. Circuit District of Columbia District Court MATTWAOSHSHE et al v. NEXTERA ENERGY, INC. et al

MATTWAOSHSHE et al v. NEXTERA ENERGY, INC. et al

Plaintiff:	JEREMY MATTWAOSHSHE and JUSTIN STALLBAUMER
Defendant:	UNITED STATES, NEXTERA ENERGY INC, NEXTERA ENERGY RESOURCES, LLC, NEXTERA ENERGY TRANSMISSION SOUTHWEST LLC, JANE DOE NEXTERA SUBSIDIARIES 1-5, DEPARTMENT OF ARMY, STEVE DICKSON, NEXTERA ENERGY PROJECT MANAGEMENT LLC, NEXTERA ENERGY CONSTRUCTORS LLC, NEXTERA ENERGY OPERATING SERVICES LLC, WILLIAM BARR, FEDERAL ENERGY REGULATORY COMMISSION, ELAINE L. CHAO, RYAN MCCARTHY, FEDERAL AVIATION ADMINISTRATION, NEXTERA ENERGY MARKETING LLC, WESTAR ENERGY, UNITED STATES OF AMERICA, NEXTERA ENERGY, INC., SOLDIER CREEK WIND, LLC and U.S. DEPARTMENT OF TRANSPORTATION
Case Number:	1:2020cv01317
Filed:	May 18, 2020
Court:	US District Court for the District of Columbia
Presiding Judge:	Tanya S Chutkan
Nature of Suit:	Administrative Procedure Act/Review or Appeal of Agency Decision
Cause of Action:	05 U.S.C. § 0706
Jury Demanded By:	Plaintiff

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Docket Report

This docket was last retrieved on August 17, 2021. A more recent docket listing may be available from PACER.

Date Filed	Document Text
July 2, 2020	MINUTE ORDER: The court hereby GRANTS Plaintiffs' motion #33 for leave to file amended complaint. Therefore, Federal Defendants' #20 motion to dismiss is procedurally mooted. The court will not transfer the case to the United States District Court for the District of Kansas at this time. The court further GRANTS the parties' #35 joint motion to extend certain briefing deadlines. All Defendants shall file a responsive pleading or motion no later than July 23, 2020; Plaintiffs shall respond to all motions to dismiss no later than August 13, 2020; and Defendants shall file any replies no later than September 3, 2020. The court further GRANTS Plaintiffs' #34 motion for leave to file a supplement show cause response. Signed by Judge Tanya S. Chutkan on 7/2/2020. (lcdl)
July 2, 2020	Set/Reset Deadlines: Motion due by 7/23/2020. Response due by 8/13/2020. Reply due by 9/3/2020. (tb)
June 30, 2020	Filing 35 Joint MOTION for Extension of Time to Extend Certain Briefing Deadlines by SOLDIER CREEK WIND, LLC (Attachments: #1 Text of Proposed Order)(Donovan, Daniel)
June 26, 2020	Filing 34 MOTION for Leave to File to Supplement Show Cause Response by JEREMY MATTWAOSHSHE (Attachments: #1 Exhibit A, #2 Exhibit B)(Renne, James)
June 25, 2020	Filing 33 MOTION for Leave to File Amended Complaint by JEREMY MATTWAOSHSHE (Attachments: #1 Exhibit A, Amended Complaint, #2 Text of Proposed Order)(Renne, James) Modified relief on 6/26/2020 (ztd).
June 25, 2020	Filing 32 RESPONSE TO ORDER TO SHOW CAUSE by JEREMY MATTWAOSHSHE re #28 Order on Motion for TRO,, Order on Motion for Preliminary Injunction, Response filed by JEREMY MATTWAOSHSHE. (Attachments: #1 Exhibit A, Amended Complaint, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Renne, James)
June 25, 2020	Filing 31 RESPONSE TO ORDER TO SHOW CAUSE #28 by WESTAR ENERGY OF KANSAS filed by WESTAR ENERGY. (Anzidei, Rebecca) Modified to add linkage on 6/26/2020 (ztd).
June 25, 2020	Filing 30 RESPONSE TO ORDER TO SHOW CAUSE #28 by NEXTERA ENERGY MARKETING LLC, NEXTERA ENERGY OPERATING SERVICES LLC, NEXTERA ENERGY RESOURCES, LLC, NEXTERA ENERGY TRANSMISSION SOUTHWEST LLC, NEXTERA ENERGY CONSTRUCTORS LLC, SOLDIER CREEK WIND, LLC, NEXTERA ENERGY PROJECT MANAGEMENT LLC, NEXTERA ENERGY, INC. filed by NEXTERA ENERGY MARKETING LLC, NEXTERA ENERGY OPERATING SERVICES LLC, NEXTERA ENERGY RESOURCES, LLC, NEXTERA ENERGY TRANSMISSION SOUTHWEST LLC, NEXTERA ENERGY CONSTRUCTORS LLC, SOLDIER CREEK WIND, LLC, NEXTERA ENERGY PROJECT MANAGEMENT LLC, NEXTERA ENERGY, INC.. (Donovan, Daniel) Modified to add linkage on 6/26/2020 (ztd).
June 25, 2020	Filing 29 RESPONSE TO ORDER TO SHOW CAUSE #28 by STEVE DICKSON, UNITED STATES OF AMERICA, WILLIAM BARR, U.S. DEPARTMENT OF TRANSPORTATION, RYAN MCCARTHY, FEDERAL AVIATION ADMINISTRATION, FEDERAL ENERGY REGULATORY COMMISSION, DEPARTMENT OF ARMY, ELAINE L. CHAO filed by STEVE DICKSON, UNITED STATES OF AMERICA, WILLIAM BARR, U.S. DEPARTMENT OF TRANSPORTATION, RYAN MCCARTHY, FEDERAL AVIATION ADMINISTRATION, FEDERAL ENERGY REGULATORY COMMISSION, DEPARTMENT OF ARMY, ELAINE L. CHAO. (Backer, Davis) Modified to add linkage on 6/26/2020 (ztd).
June 16, 2020	Filing 28 ORDER: Plaintiffs' #3 motion for a temporary restraining order is HEREBY DENIED. It is FURTHER ORDERED that all parties SHOW CAUSE why this case should not be transferred to the United States District Court for the District of Kansas. The parties' responses to this order shall not exceed twenty pages each and shall be filed no later than June 25, 2020. SEE ORDER FOR DETAILS. Signed by Judge Tanya S. Chutkan on 6/16/2020. (lcdl)
June 16, 2020	Set/Reset Deadlines: Response to Show Cause due by 6/25/2020. (tb)
June 11, 2020	MINUTE ORDER granting #26 Joint Motion to Extend Certain Briefing Deadlines. It is hereby ORDERED that Defendants shall respond to Plaintiffs' Complaint no later than 21 days after the court enters its order on Plaintiffs' Motion for a Temporary Restraining Order/Preliminary Injunction; Plaintiffs shall respond to all motions to dismiss no later than 21 days after all Defendantsrespond to Plaintiffs' Complaint; and that Defendants and Federal Defendants shall file their replies in support of any motions to dismiss no later than 21 days after Plaintiffs' response in opposition. Signed by Judge Tanya S. Chutkan on 6/11/2020. (lcdl)
June 10, 2020	Filing 27 NOTICE of Appearance by Nick Kurt on behalf of WESTAR ENERGY (Kurt, Nick)
June 9, 2020	Filing 26 Joint MOTION for Extension of Time to Extend Certain Briefing Deadlines by SOLDIER CREEK WIND, LLC (Attachments: #1 Text of Proposed Order)(Donovan, Daniel)
June 5, 2020	MINUTE ORDER: Granting Defendants' #22 Motion for Relief from the requirements of LCVR 7(n). To the extent the Plaintiffs take the position that the rule should be enforced during briefing of the current motions, the Plaintiffs shall file a motion asking the court to enforce the rule. Signed by Judge Tanya S. Chutkan on 6/5/2020. (lcdl)
June 4, 2020	Filing 25 REPLY to opposition to motion re #3 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction Reply filed by JEREMY MATTWAOSHSHE. (Attachments: #1 Exhibit A, Declaration, #2 Exhibit B, Declaration, #3 Exhibit C, Declaration, #4 Exhibit D, Declaration Fraser)(Renne, James)
June 2, 2020	Filing 24 Memorandum in opposition to re #3 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by WESTAR ENERGY. (Attachments: #1 Exhibit A, #2 Text of Proposed Order)(Anzidei, Rebecca)
June 2, 2020	Filing 23 Memorandum in opposition to re #3 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by SOLDIER CREEK WIND, LLC. (Attachments: #1 Exhibit A, #2 Text of Proposed Order)(Donovan, Daniel)
June 2, 2020	Filing 22 MOTION for Relief from Requirements of LCvR 7(n) by WILLIAM BARR, ELAINE L. CHAO, DEPARTMENT OF ARMY, STEVE DICKSON, FEDERAL AVIATION ADMINISTRATION, FEDERAL ENERGY REGULATORY COMMISSION, RYAN MCCARTHY, U.S. DEPARTMENT OF TRANSPORTATION, UNITED STATES OF AMERICA (Attachments: #1 Text of Proposed Order)(Backer, Davis)
June 2, 2020	Filing 21 Memorandum in opposition to re #3 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by WILLIAM BARR, ELAINE L. CHAO, DEPARTMENT OF ARMY, STEVE DICKSON, FEDERAL AVIATION ADMINISTRATION, FEDERAL ENERGY REGULATORY COMMISSION, RYAN MCCARTHY, U.S. DEPARTMENT OF TRANSPORTATION, UNITED STATES OF AMERICA. (Backer, Davis)
June 2, 2020	Filing 20 MOTION to Dismiss by WILLIAM BARR, ELAINE L. CHAO, DEPARTMENT OF ARMY, STEVE DICKSON, FEDERAL AVIATION ADMINISTRATION, FEDERAL ENERGY REGULATORY COMMISSION, RYAN MCCARTHY, U.S. DEPARTMENT OF TRANSPORTATION, UNITED STATES OF AMERICA (Attachments: #1 Memorandum in Support and Response to Plaintiffs' Motion for TRO/PI, #2 Text of Proposed Order)(Backer, Davis)
June 2, 2020	Filing 19 LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by WESTAR ENERGY (Anzidei, Rebecca)
June 1, 2020	Filing 18 LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by NEXTERA ENERGY CONSTRUCTORS LLC, NEXTERA ENERGY MARKETING LLC, NEXTERA ENERGY OPERATING SERVICES LLC, NEXTERA ENERGY PROJECT MANAGEMENT LLC, NEXTERA ENERGY RESOURCES, LLC, NEXTERA ENERGY TRANSMISSION SOUTHWEST LLC, NEXTERA ENERGY, INC., SOLDIER CREEK WIND, LLC (Donovan, Daniel)
May 29, 2020	Filing 17 NOTICE of Appearance by Blair Kenneth Drazic on behalf of All Plaintiffs (Drazic, Blair)
May 28, 2020	Filing 16 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Nick J. Kurt, Filing fee $ 100, receipt number ADCDC-7170118. Fee Status: Fee Paid. by WESTAR ENERGY (Attachments: #1 Declaration of N. Kurt In Support of Motion for Pro Hac Vice, #2 Text of Proposed Order)(Anzidei, Rebecca)
May 28, 2020	Filing 15 NOTICE of Appearance by Rebecca Ruby Anzidei on behalf of WESTAR ENERGY (Anzidei, Rebecca)
May 28, 2020	.Set/Reset Deadlines: Response due by 6/2/2020. Reply due by 6/4/2020. (tb)
May 28, 2020	MINUTE ORDER: Having considered the #9 Joint Proposed Scheduling Plan, it is hereby ordered that Defendants shall file a Response to Plaintiffs' Motion for TRO/PI (including any challenges to jurisdiction) no later than June 2, 2020 and not to exceed 40 pages. It is further ordered that Plaintiffs shall file a Reply no later than June 4, 2020 and not to exceed 20 pages. If the court determines that a hearing is necessary it will notify the parties and set a telephonic hearing. Counsel shall contact Courtroom Deputy Tim Bradley at least one hour prior to any telephone hearing for dial-in instructions. The Clerk of the Court shall email a copy of this order to Westar Energy of Kansas, Nick Kurt, Esq. at email address nkurt@berkowitzoliver.com. All Defendants who wish to receive future court notifications must enter an appearance, as the court will no longer email parties who have not entered an appearance. Signed by Judge Tanya S. Chutkan on 5/28/2020. (DJS)
May 28, 2020	MINUTE ORDER: Granting #16 Motion for Leave to Appear Pro Hac Vice. Nick J. Kurt is hereby admitted pro hac vice to appear in this matter on behalf Defendant WESTAR ENERGY. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). #Click for instructions. Signed by Judge Tanya S. Chutkan on 5/28/2020. (DJS)
May 27, 2020	Set/Reset Deadlines: Westar's notice due by 8:00 p.m. on 5/27/2020. (tb)
May 27, 2020	MINUTE ORDER: Having considered the parties' Notice #14 and the Proposed Briefing Schedule #9 the court will issue a briefing schedule on the TRO/PI by noon on 5/28/2020. To the extent Westar wishes to weigh in on the pending proposed schedule #9 , Westar shall file a notice by today, 5/27/2020 at 8PM. To the extent possible, Westar shall meet and confer with the other parties prior to filing any such notice. The Clerk of the Court shall email a copy of this order to Westar Energy of Kansas, Nick Kurt, Esq. at email address nkurt@berkowitzoliver.com. Signed by Judge Tanya S. Chutkan on 5/27/2020. (lcdl)
May 26, 2020	Filing 14 NOTICE [CORRECTED] JOINT NOTICE ON CERT OF SERVICE by JEREMY MATTWAOSHSHE (Renne, James)
May 26, 2020	Filing 13 NOTICE Joint Notice Concerning Service by JEREMY MATTWAOSHSHE (Renne, James)
May 26, 2020	Filing 12 NOTICE of Appearance by Ragan Naresh on behalf of NEXTERA ENERGY CONSTRUCTORS LLC, NEXTERA ENERGY MARKETING LLC, NEXTERA ENERGY OPERATING SERVICES LLC, NEXTERA ENERGY PROJECT MANAGEMENT LLC, NEXTERA ENERGY RESOURCES, LLC, NEXTERA ENERGY TRANSMISSION SOUTHWEST LLC, NEXTERA ENERGY, INC., SOLDIER CREEK WIND, LLC (Naresh, Ragan)
May 26, 2020	Filing 11 NOTICE of Appearance by Daniel Thomas Donovan on behalf of NEXTERA ENERGY CONSTRUCTORS LLC, NEXTERA ENERGY MARKETING LLC, NEXTERA ENERGY OPERATING SERVICES LLC, NEXTERA ENERGY PROJECT MANAGEMENT LLC, NEXTERA ENERGY RESOURCES, LLC, NEXTERA ENERGY TRANSMISSION SOUTHWEST LLC, NEXTERA ENERGY, INC., SOLDIER CREEK WIND, LLC (Donovan, Daniel)
May 26, 2020	Set/Reset Deadlines: Joint notice due by 4:00 on 05/26/2020. (tb)
May 25, 2020	Filing 10 NOTICE of Certificate of Service by Email by JEREMY MATTWAOSHSHE (Renne, James)
May 25, 2020	MINUTE ORDER: By 4:00 pm on 5/26/2020, the Parties shall file a joint notice in which the parties who have appeared shall explain why their Proposed Briefing Schedule, ECF No. #9 , does not contain a certificate of service, as required by Local Civil Rule 5.3. Additionally, Plaintiffs shall specifically set forth what efforts they have made to communicate directly with any defendants who did not participate in the discussions that led to the proposed briefing schedule. Finally, the parties shall include in that notice a list of all defendants who did participate in those discussions. Plaintiffs shall forward a copy of this order (via email if possible) to ALL defendants for whom Plaintiffs have contact information and who have not entered an appearance. Signed by Judge Tanya S. Chutkan on 5/25/2020. (DJS)
May 23, 2020	Filing 9 PROPOSED BRIEFING SCHEDULE Joint Proposed Briefing Schedule by JEREMY MATTWAOSHSHE. (Attachments: #1 Text of Proposed Order)(Renne, James)
May 22, 2020	Filing 8 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. NEXTERA ENERGY, INC. served on 5/20/2020, answer due 6/10/2020 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Renne, James)
May 22, 2020	MINUTE ORDER: In light of the Plaintiff's #3 Motion for Temporary Restraining Order/Preliminary Injunction, by noon on 5/23/2020, the parties shall file a joint proposal for moving forward with consideration of the motion. The proposal shall be accompanied by a proposed order. Signed by Judge Tanya S. Chutkan on 5/22/2020. (DJS)
May 22, 2020	Set/Reset Deadlines: Joint Proposal due by noon on 5/23/2020. (tb)
May 22, 2020	MINUTE ORDER: Granting #2 Motion for Leave to Appear Pro Hac Vice. Blair Kenneth Drazic is hereby admitted pro hac vice to appear in this matter on behalf of Plaintiffs. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). #Click for instructions. Signed by Judge Tanya S. Chutkan on 5/22/2020. (DJS)
May 20, 2020	Filing 7 NOTICE of Appearance by Sean Christian Duffy on behalf of WILLIAM BARR, ELAINE L. CHAO, DEPARTMENT OF ARMY, STEVE DICKSON, FEDERAL AVIATION ADMINISTRATION, FEDERAL ENERGY REGULATORY COMMISSION, RYAN MCCARTHY, U.S. DEPARTMENT OF TRANSPORTATION, UNITED STATES OF AMERICA (Duffy, Sean)
May 20, 2020	Filing 6 NOTICE of Appearance by Davis Aaron Backer on behalf of WILLIAM BARR, ELAINE L. CHAO, DEPARTMENT OF ARMY, STEVE DICKSON, FEDERAL AVIATION ADMINISTRATION, FEDERAL ENERGY REGULATORY COMMISSION, RYAN MCCARTHY, U.S. DEPARTMENT OF TRANSPORTATION, UNITED STATES OF AMERICA (Backer, Davis)
May 19, 2020	Filing 5 SUMMONS (14) Issued Electronically as to ELAINE L. CHAO, STEVE DICKSON, FEDERAL ENERGY REGULATORY COMMISSION, RYAN MCCARTHY, NEXTERA ENERGY CONSTRUCTORS LLC, NEXTERA ENERGY MARKETING LLC, NEXTERA ENERGY OPERATING SERVICES LLC, NEXTERA ENERGY PROJECT MANAGEMENT LLC, NEXTERA ENERGY RESOURCES, LLC, NEXTERA ENERGY TRANSMISSION SOUTHWEST LLC, NEXTERA ENERGY, INC., SOLDIER CREEK WIND, LLC, UNITED STATES OF AMERICA, WESTAR ENERGY, and U.S. Attorney (Attachment: #1 Notice and Consent)(zmc)
May 19, 2020	Filing 4 ERRATA by JEREMY MATTWAOSHSHE #1 Complaint, filed by JEREMY MATTWAOSHSHE. (Attachments: #1 New Caption Pages)(Renne, James)
May 19, 2020	Case assigned to Judge Tanya S. Chutkan. (zmc)
May 18, 2020	Filing 3 MOTION for Temporary Restraining Order by JEREMY MATTWAOSHSHE (Attachments: #1 Text of Proposed Order)(Renne, James). Added MOTION for Preliminary Injunction on 5/20/2020 (znmw).
May 18, 2020	Filing 2 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- BLAIR DRAZIC, Filing fee $ 100, receipt number ADCDC-7135557. Fee Status: Fee Paid. by JUSTIN STALLBAUMER (Attachments: #1 Text of Proposed Order, #2 Declaration)(Renne, James)
May 18, 2020	Filing 1 COMPLAINT and INJUNCTIVE RELIEF against NEXTERA ENERGY INC, UNITED STATES with Jury Demand ( Filing fee $ 400 receipt number ADCDC-7135222) filed by JEREMY MATTWAOSHSHE. (Attachments: #1 Civil Cover Sheet, #2 Summons, #3 Summons, #4 Summons, #5 Summons, #6 Summons, #7 Summons, #8 Summons, #9 Summons, #10 Summons, #11 Summons, #12 Summons, #13 Summons, #14 Summons)(Renne, James)

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Search for this case: MATTWAOSHSHE et al v. NEXTERA ENERGY, INC. et al
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Plaintiff: JEREMY MATTWAOSHSHE
Represented By:	James Renne
Represented By:	Blair Kenneth Drazic
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Plaintiff: JUSTIN STALLBAUMER
Represented By:	James Renne
Represented By:	Blair Kenneth Drazic
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Defendant: UNITED STATES
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Defendant: NEXTERA ENERGY INC
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Defendant: NEXTERA ENERGY RESOURCES, LLC
Represented By:	Daniel Thomas Donovan
Represented By:	Ragan Naresh
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Defendant: NEXTERA ENERGY TRANSMISSION SOUTHWEST LLC
Represented By:	Daniel Thomas Donovan
Represented By:	Ragan Naresh
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Defendant: JANE DOE NEXTERA SUBSIDIARIES 1-5
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Defendant: DEPARTMENT OF ARMY
Represented By:	Davis Aaron Backer
Represented By:	Sean Christian Duffy
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Defendant: STEVE DICKSON
Represented By:	Davis Aaron Backer
Represented By:	Sean Christian Duffy
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Defendant: NEXTERA ENERGY PROJECT MANAGEMENT LLC
Represented By:	Daniel Thomas Donovan
Represented By:	Ragan Naresh
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Defendant: NEXTERA ENERGY CONSTRUCTORS LLC
Represented By:	Daniel Thomas Donovan
Represented By:	Ragan Naresh
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Defendant: NEXTERA ENERGY OPERATING SERVICES LLC
Represented By:	Daniel Thomas Donovan
Represented By:	Ragan Naresh
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Defendant: WILLIAM BARR
Represented By:	Davis Aaron Backer
Represented By:	Sean Christian Duffy
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Defendant: FEDERAL ENERGY REGULATORY COMMISSION
Represented By:	Davis Aaron Backer
Represented By:	Sean Christian Duffy
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Defendant: ELAINE L. CHAO
Represented By:	Davis Aaron Backer
Represented By:	Sean Christian Duffy
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Defendant: RYAN MCCARTHY
Represented By:	Davis Aaron Backer
Represented By:	Sean Christian Duffy
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Defendant: FEDERAL AVIATION ADMINISTRATION
Represented By:	Davis Aaron Backer
Represented By:	Sean Christian Duffy
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Defendant: NEXTERA ENERGY MARKETING LLC
Represented By:	Daniel Thomas Donovan
Represented By:	Ragan Naresh
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Defendant: WESTAR ENERGY
Represented By:	Nick Kurt
Represented By:	Rebecca Ruby Anzidei
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Defendant: UNITED STATES OF AMERICA
Represented By:	Davis Aaron Backer
Represented By:	Sean Christian Duffy
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Defendant: NEXTERA ENERGY, INC.
Represented By:	Daniel Thomas Donovan
Represented By:	Ragan Naresh
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Defendant: SOLDIER CREEK WIND, LLC
Represented By:	Daniel Thomas Donovan
Represented By:	Ragan Naresh
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Defendant: U.S. DEPARTMENT OF TRANSPORTATION
Represented By:	Davis Aaron Backer
Represented By:	Sean Christian Duffy
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