Florida Gas Transmission Company, LLC v. +/- 1.211 Acres of Land in Charlotte County, Florida et al
| Florida Gas Transmission Company, LLC |
| +/- 1.211 Acres of Land in Charlotte County, Florida, South West Florida Horse Rescue, Communications Tower Group LLC, Lee County Electric Cooperative, Inc. and Unknown Owners, if any |
| 2:2023cv00612 |
| August 11, 2023 |
| US District Court for the Middle District of Florida |
| Sheri Polster Chappell |
| 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 November 15, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 42 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 41 Clerk's ENTRY OF DEFAULT as to Communications Tower Group LLC (WRW) |
| Filing 40 Minute Entry. In Person Proceedings held before Magistrate Judge Nicholas P. Mizell: STATUS CONFERENCE held on 9/12/2023. (DIGITAL) (WRW) |
Filing 39
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 38 CERTIFICATE of interested persons and corporate disclosure statement by South West Florida Horse Rescue identifying Other Affiliate None for South West Florida Horse Rescue. (Whitt, Michael) |
| Filing 37 ANSWER and affirmative defenses to #1 Complaint with Jury Demand by South West Florida Horse Rescue.(Whitt, Michael) |
| Filing 36 NOTICE of Lead Counsel Designation by Michael R. Whitt on behalf of South West Florida Horse Rescue. Lead Counsel: Michael R. Whitt. (Whitt, Michael) |
| Filing 35 NOTICE by Florida Gas Transmission Company, LLC re #8 MOTION for Preliminary Injunction for Immediate Possession and Incorporated Memorandum of Law, #9 MOTION for Partial Summary Judgment Determining Right to Condemn Easements and Incorporated Memorandum of Law of Filing Proposed Order Granting Partial Summary Judgment Establishing Plaintiff's Right to Condemn Easements and Granting Preliminary Injunction for Immediate Possession (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 34 NOTICE by Florida Gas Transmission Company, LLC Certificate of Diligent Search and the Need to Serve By Publication (Loeb, Ethan) |
| Filing 33 MOTION for Clerk's Default against Communications Tower Group LLC by Florida Gas Transmission Company, LLC. (Attachments: #1 Exhibit A - Affidavit of Proof of Service)(Loeb, Ethan) Motions referred to Magistrate Judge Nicholas P. Mizell. |
| Filing 32 PROOF of service by Florida Gas Transmission Company, LLC (Loeb, Ethan) |
| Filing 31 PROOF of service by Florida Gas Transmission Company, LLC (Loeb, Ethan) |
| Filing 30 Defendant's ANSWER and affirmative defenses to #1 Complaint with Jury Demand by Lee County Electric Cooperative, Inc.(Akin, Richard) Modified text on 9/5/2023 (GL). |
| Filing 29 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) Modified on 9/1/2023 to edit the docket text (RPB). |
| Filing 28 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) Modified on 9/1/2023 to edit the docket text (RPB). |
| Filing 27 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 26 NOTICE of compliance with Local Rule 2.01(b)(2)(B) by South West Florida Horse Rescue (Whitt, Michael) |
| Filing 25 NOTICE of Appearance by Carlos A. Kelly on behalf of Lee County Electric Cooperative, Inc. (Kelly, Carlos) |
| Filing 24 PROOF of service by Lee County Electric Cooperative, Inc. (Akin, Richard) |
| Filing 23 NOTICE TO COUNSEL Michael R. Whitt of Local Rule 2.01(b)(2)(B), which requires members of the Middle District bar to maintain with the clerk a current telephone number, mailing address, and email address. Update your contact information for the Middle District through PACER. The attorney listed shall file a notice of compliance within fourteen days. Failure to comply with this notice within fourteen days will result in counsel being terminated from the docket sheet without further notice. (Signed by Deputy Clerk). (JK) |
| Filing 22 Case Reassigned to Magistrate Judge Nicholas P. Mizell. New case number: 2:23-cv-612-SPC-NPM. Magistrate Judge Kyle C. Dudek no longer assigned to the case. (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 PROOF of service by South West Florida Horse Rescue (Whitt, Michael) |
| Filing 19 NOTICE of Appearance by Richard Barton Akin, II on behalf of Lee County Electric Cooperative, Inc. (Akin, Richard) |
| Filing 18 NOTICE of Appearance by Allison Doucette on behalf of Florida Gas Transmission Company, LLC (Doucette, Allison) |
| Filing 17 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 16 REQUEST for oral argument re #8 MOTION for Preliminary Injunction for Immediate Possession and Incorporated Memorandum of Law, #9 MOTION for Partial Summary Judgment Determining Right to Condemn Easements and Incorporated Memorandum of Law by Florida Gas Transmission Company, LLC. (Loeb, Ethan) |
| Filing 15 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) |
| Filing 14 NOTICE by Florida Gas Transmission Company, LLC re #8 MOTION for Preliminary Injunction for Immediate Possession and Incorporated Memorandum of Law, #9 MOTION for Partial Summary Judgment Determining Right to Condemn Easements and Incorporated Memorandum of Law of Filing Declaration of Jordan Leep (Attachments: #1 Declaration of Jordan Leep, #2 Exhibit 1)(Loeb, Ethan) |
| Filing 13 NOTICE by Florida Gas Transmission Company, LLC re #8 MOTION for Preliminary Injunction for Immediate Possession and Incorporated Memorandum of Law, #9 MOTION for Partial Summary Judgment Determining Right to Condemn Easements and Incorporated Memorandum of Law of Filing Declaration of Erica Woods (Attachments: #1 Declaration of Erica Woods, #2 Exhibit 1, #3 Exhibit 2)(Loeb, Ethan) |
| Filing 12 NOTICE by Florida Gas Transmission Company, LLC re #8 MOTION for Preliminary Injunction for Immediate Possession and Incorporated Memorandum of Law, #9 MOTION for Partial Summary Judgment Determining Right to Condemn Easements and Incorporated Memorandum of Law of Filing Declaration of Iain Russell (Attachments: #1 Declaration of Iain Russell, #2 Exhibit 1)(Loeb, Ethan) |
| Filing 11 NOTICE by Florida Gas Transmission Company, LLC re #8 MOTION for Preliminary Injunction for Immediate Possession and Incorporated Memorandum of Law, #9 MOTION for Partial Summary Judgment Determining Right to Condemn Easements and Incorporated Memorandum of Law of Filing Declaration of Douglas Mulhausen (Attachments: #1 Declaration of Douglas Mulhausen, #2 Exhibit A, #3 Exhibit B)(Loeb, Ethan) |
| Filing 10 NOTICE by Florida Gas Transmission Company, LLC re #8 MOTION for Preliminary Injunction for Immediate Possession and Incorporated Memorandum of Law, #9 MOTION for Partial Summary Judgment Determining Right to Condemn Easements and Incorporated Memorandum of Law of Filing Declaration of Beth Porter (Attachments: #1 Declaration of Beth Porter, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C)(Loeb, Ethan) |
| Filing 9 MOTION for Partial Summary Judgment Determining Right to Condemn Easements and Incorporated Memorandum of Law by Florida Gas Transmission Company, LLC. (Loeb, Ethan) |
| Filing 8 MOTION for Preliminary Injunction for Immediate Possession and Incorporated Memorandum of Law by Florida Gas Transmission Company, LLC. (Loeb, Ethan) (Modified on 8/15/2023, chambers notified) (BGR). |
| Filing 7 NOTICE by Florida Gas Transmission Company, LLC of Condemnation (Attachments: #1 Exhibit A - Description of Easement)(Loeb, Ethan) |
| Filing 6 NOTICE by Florida Gas Transmission Company, LLC of Appearance of Counsel (Thompson, E.) |
| Filing 5 NOTICE to counsel of Local Rule 2.02(a), which states, "The first paper filed on behalf of a party must designate only one lead counsel who - unless the party changes the designation - remains lead counsel throughout the action." Counsel must file a Notice of Lead Counsel Designation identifying lead counsel. (Signed by Deputy Clerk). (LD) |
| 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 Sheri Polster Chappell and Magistrate Judge Kyle C. Dudek. New case number: 2:23-cv-612-SPC-KCD. (AM) |
| Filing 1 COMPLAINT against +/- 1.211 Acres of Land in Charlotte County, Florida, Communications Tower Group LLC, Lee County Electric Cooperative, Inc., South West Florida Horse Rescue, Unknown Owners, if any (Filing fee $402 receipt number AFLMDC-21141626) 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 on 8/14/2023 to remove duplicate text. (LD). |
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