Florida Gas Transmission Company, LLC v. Clemons et al
| Florida Gas Transmission Company, LLC |
| Jackie K Clemons, Lee County Electric Cooperative, Inc., Unknown Owners, if any and +/- 1.187 Acres of Land in Charlotte County, Florida |
| 2:2023cv00611 |
| August 11, 2023 |
| US District Court for the Middle District of Florida |
| John L Badalamenti |
| Nicholas P Mizell |
| Condemnation |
| 15 U.S.C. § 0717 Natural Gas Act |
| Defendant |
Docket Report
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This docket was last retrieved on October 9, 2023. A more recent docket listing may be available from PACER.
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| Filing 36 CERTIFICATE of service by Florida Gas Transmission Company, LLC ., PROOF of publication filed by Florida Gas Transmission Company, LLC. Newspaper: Business Observer Date(s) of publication 9/15/23, 9/22/23, 9/29/23. (Attachments: #1 Exhibit A - Proof of Publication)(Loeb, Ethan) |
| Filing 35 Minute Entry. In Person Proceedings held before Magistrate Judge Nicholas P. Mizell: STATUS CONFERENCE held on 9/12/2023. (DIGITAL) (WRW) |
Filing 34
TEXT ORDER: The parties have indicated an intent to resolve the pending summary-judgment and preliminary-injunction motions by stipulation. The court applauds these efforts and encourages the parties to engage a neutral intermediary if they don't reach a resolution on their own. If the parties do not provide the court with a stipulated resolution of these motions by October 13, 2023, then any responses must be filed by November 3 and a hearing will be set by separate notice (the parties have stipulated to the hearing being conducted without the live testimony of any witnesses). Until further notice, the parties are relieved of their obligations under Rule 26, Local Rule 3.02, and the Civil Action Order to hold a Rule 26(f) meeting and then prepare and file a case management report. Notwithstanding, by October 13, 2023, the parties shall jointly file their notice of selection of mediator (for all issues). And as to any "unknown owners" who may have or claim an interest in the property, plaintiff must certify compliance with Rule 71.1(d)(3)(B)'s service-by-publication requirements and supply a copy of the as-published notice by October 13, 2023. Signed by Magistrate Judge Nicholas P. Mizell on 9/13/2023. (TLP)
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| Filing 33 CERTIFICATE of interested persons and corporate disclosure statement by Jackie K Clemons identifying Other Affiliate None for Jackie K Clemons. (Whitt, Michael) |
| Filing 32 ANSWER and affirmative defenses to #1 Complaint with Jury Demand by Jackie K Clemons.(Whitt, Michael) |
| Filing 31 NOTICE of Lead Counsel Designation by Michael R. Whitt on behalf of Jackie K Clemons. Lead Counsel: Michael R. Whitt. (Whitt, Michael) |
| Filing 30 NOTICE by Florida Gas Transmission Company, LLC re #7 MOTION for Preliminary Injunction for Immediate Possession and Incorporated Memorandum of Law, #8 MOTION for Partial Summary Judgment Determining Right to Condemn Easements and Incorporated Memorandum of Law (Attachments: #1 Text of Proposed Order Proposed Order Granting Partial Summary Judgment Establishing Plaintiffs Right to Condemn Easements and Granting Preliminary Injunction for Immediate Possession, #2 Exhibit A - Natural Gas Pipeline Easement)(Loeb, Ethan) |
| Filing 29 NOTICE by Florida Gas Transmission Company, LLC Certificate of Diligent Search and the Need to Serve By Publication (Loeb, Ethan) |
| Filing 28 PROOF of service by Florida Gas Transmission Company, LLC (Loeb, Ethan) |
| Filing 27 Defendant's ANSWER and affirmative defenses to #1 Complaint with Jury Demand by Lee County Electric Cooperative, Inc..(Akin, Richard) |
| Filing 26 CERTIFICATE of interested persons and corporate disclosure statement by Lee County Electric Cooperative, Inc. identifying Corporate Parent Henderson Franklin Starnes Holt for Lee County Electric Cooperative, Inc.. (Akin, Richard) |
| Filing 25 NOTICE of Lead Counsel Designation by Richard Barton Akin, II on behalf of Lee County Electric Cooperative, Inc.. Lead Counsel: Richard B. Akin. (Akin, Richard) |
| Filing 24 NOTICE of hearing: Status Conference set for 9/12/2023 at 02:00 PM in Ft. Myers Courtroom 5 C before Magistrate Judge Nicholas P. Mizell (WRW) |
| Filing 23 NOTICE of Appearance by Carlos A. Kelly on behalf of Lee County Electric Cooperative, Inc. (Kelly, Carlos) |
| Filing 22 Case Reassigned to Magistrate Judge Nicholas P. Mizell. New case number: 2:23-cv-611-JLB-NPM. Magistrate Judge Kyle C. Dudek no longer assigned to the case. Motion REFERRED: #7 MOTION for Preliminary Injunction for Immediate Possession and Incorporated Memorandum of Law, #8 MOTION for Partial Summary Judgment Determining Right to Condemn Easements and Incorporated Memorandum of Law. Motions referred to Magistrate Judge Nicholas P. Mizell. (SMG) |
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Filing 21
ENDORSED ORDER. Upon review of the docket, because Judge Dudek was formerly employed by the law firm representing Defendant Lee County Electric Cooperative, Inc., he finds that he must recuse himself so as to avoid even the appearance of partiality or impropriety. See 28 U.S.C. 455(a). Judge Dudek hereby disqualifies himself from these proceedings, pursuant to 455(a) and in the interest of justice. The case shall be transferred to the next assigned Magistrate Judge in the Fort Myers Division. Signed by Magistrate Judge Kyle C. Dudek on 8/23/2023. (BLW)
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| Filing 20 ACCEPTANCE OF PROOF of service by Jackie K Clemons (Whitt, Michael) Modified text on 8/23/2023 (KME). |
| Filing 19 NOTICE of Appearance by Richard Barton Akin, II on behalf of Lee County Electric Cooperative, Inc. (Akin, Richard) |
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Filing 18
ENDORSED ORDER granting in part and denying in part #15 Motion to Request Oral Argument. The motions for preliminary injunction and summary judgment have been referred to the undersigned for disposition. Having reviewed the same, the Court agrees that oral argument is appropriate. The Court will set a date for oral argument once defendants have appeared. The motion is denied to the extent it seeks any relief different than ordered above. Signed by Magistrate Judge Kyle C. Dudek on 8/16/2023. (Dudek, Kyle)
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| Filing 17 NOTICE of Appearance by Allison Doucette on behalf of Florida Gas Transmission Company, LLC (Doucette, Allison) |
| Filing 16 NOTICE of Lead Counsel Designation by Ethan Jerome Loeb on behalf of Florida Gas Transmission Company, LLC. Lead Counsel: Ethan J. Loeb. (Loeb, Ethan) |
| Filing 15 REQUEST for oral argument re #7 MOTION for Preliminary Injunction for Immediate Possession and Incorporated Memorandum of Law, #8 MOTION for Partial Summary Judgment Determining Right to Condemn Easements and Incorporated Memorandum of Law by Florida Gas Transmission Company, LLC. (Loeb, Ethan) |
| Filing 14 CORPORATE Disclosure Statement by Florida Gas Transmission Company, LLC identifying Corporate Parent Citrus LLC, Other Affiliate Kinder Morgan Inc., Other Affiliate Energy Transfer Partners L.P., Other Affiliate Ethan J Loeb, Other Affiliate Edward Colin Thompson, Other Affiliate Allison C Doucette, Other Affiliate Bartlett Loeb Hinds Thompson & Angelos for Florida Gas Transmission Company, LLC. (Loeb, Ethan) Modified on 8/16/2023 to edit docket text (AJS). |
| Filing 13 NOTICE of Filing Declaration of Jordon Leep in Support by Florida Gas Transmission Company, LLC re #7 MOTION for Preliminary Injunction for Immediate Possession and Incorporated Memorandum of Law, #8 MOTION for Partial Summary Judgment Determining Right to Condemn Easements and Incorporated Memorandum of Law (Attachments: #1 Declaration of Jordan Leep, #2 Exhibit 1)(Loeb, Ethan) (Modified on 8/15/2023, to edit text) (BGR). |
| Filing 12 NOTICE of Filing Declaration of Erica Woods in Support by Florida Gas Transmission Company, LLC re #7 MOTION for Preliminary Injunction for Immediate Possession and Incorporated Memorandum of Law, #8 MOTION for Partial Summary Judgment Determining Right to Condemn Easements and Incorporated Memorandum of Law (Attachments: #1 Declaration of Erica Woods, #2 Exhibit 1, #3 Exhibit 2)(Loeb, Ethan) (Modified on 8/15/2023, to edit text) (BGR). |
| Filing 11 NOTICE of Filing Declaration of Iain Russell in Support by Florida Gas Transmission Company, LLC re #7 MOTION for Preliminary Injunction for Immediate Possession and Incorporated Memorandum of Law, #8 MOTION for Partial Summary Judgment Determining Right to Condemn Easements and Incorporated Memorandum of Law (Attachments: #1 Declaration of Iain Russell, #2 Exhibit 1)(Loeb, Ethan) (Modified on 8/15/2023, to edit text) (BGR). |
| Filing 10 NOTICE of Filing Declaration of Douglas Mulhausen in Support by Florida Gas Transmission Company, LLC re #7 MOTION for Preliminary Injunction for Immediate Possession and Incorporated Memorandum of Law, #8 MOTION for Partial Summary Judgment Determining Right to Condemn Easements and Incorporated Memorandum of Law (Attachments: #1 Declaration of Douglas Mulhausen, #2 Exhibit A, #3 Exhibit B)(Loeb, Ethan) (Modified on 8/15/2023, to edit text) (BGR). |
| Filing 9 NOTICE of Filing Declaration of Elizabeth Porter in Support by Florida Gas Transmission Company, LLC re #7 MOTION for Preliminary Injunction for Immediate Possession and Incorporated Memorandum of Law, #8 MOTION for Partial Summary Judgment Determining Right to Condemn Easements and Incorporated Memorandum of Law (Attachments: #1 Declaration of Beth Porter, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C)(Loeb, Ethan) (Modified on 8/15/2023, to edit text) (BGR). |
| Filing 8 MOTION for Partial Summary Judgment Determining Right to Condemn Easements and Incorporated Memorandum of Law by Florida Gas Transmission Company, LLC. (Loeb, Ethan) |
| Filing 7 MOTION for Preliminary Injunction for Immediate Possession and Incorporated Memorandum of Law by Florida Gas Transmission Company, LLC. (Loeb, Ethan) |
| Filing 6 NOTICE of Condemnation by Florida Gas Transmission Company, LLC (Attachments: #1 Exhibit A - Description of Easement)(Loeb, Ethan) (Modified on 8/15/2023, to edit text) (BGR). |
| Filing 5 NOTICE of Appearance of Counsel by Florida Gas Transmission Company, LLC (Thompson, E.) (Modified on 8/15/2023, to edit text) (BGR). |
| Filing 4 NOTICE of a related action per Local Rule 1.07(c) by Florida Gas Transmission Company, LLC. Related case(s): Yes (Loeb, Ethan) |
| Filing 3 CIVIL Action Order. Signed by All Divisional Judges on 8/14/2023. (CGW) |
| Filing 2 NEW CASE ASSIGNED to Judge John L. Badalamenti and Magistrate Judge Kyle C. Dudek. New case number: 2:23-cv-611-JLB-KCD. (AA) |
| Filing 1 COMPLAINT against +/- 1.187 Acres of Land in Charlotte County, Florida, Jackie K Clemons, Lee County Electric Cooperative, Inc., Unknown Owners, if any (Filing fee $402 receipt number BFLMDC-21141447) filed by Florida Gas Transmission Company, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Civil Cover Sheet)(Loeb, Ethan) Modified text on 8/16/2023 (AG). |
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