Sabal Trail Transmission, LLC v. 7.63 Acres of Land in Sumter County Florida et al
| Sabal Trail Transmission, LLC |
| 7.63 Acres of Land in Sumter County Florida, HSBC Bank Canada, Walton Acquisitions FL, LLC and Unknown Owners |
| 5:2016cv00227 |
| March 18, 2016 |
| US District Court for the Middle District of Florida |
| Ocala Office |
| Sumter |
| Timothy J Corrigan |
| Philip R Lammens |
| Condemnation |
| 15 U.S.C. § 0717 |
| Both |
Docket Report
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| Filing 53 NOTICE to counsel of filing of OFFICIAL TRANSCRIPT. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the court reporter or view the document at the clerk's office public terminal. Court Reporter: Shannon Bishop, RDR, CRR, CRC; dsmabishop@yahoo.com; (904)549-1307. (MD) |
| Filing 52 TRANSCRIPT of Oral Argument held on 6/9/17 before Judge Timothy J. Corrigan. Court Reporter/Transcriber Shannon M. Bishop, RDR, CRR, CRC; dsmabishop@yahoo.com,Telephone number (904)549-1307. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or purchased through the Court Reporter. Redaction Request due 6/14/2018, Redacted Transcript Deadline set for 6/25/2018, Release of Transcript Restriction set for 8/22/2018. (MD) |
Filing 51
ORDER regarding #50 Stipulation of Voluntary Dismissal Without Prejudice. The Clerk shall close the file and terminate any deadlines. Signed by Judge Timothy J. Corrigan on 6/20/2017. (JHC)
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| Filing 50 STIPULATION of Dismissal without prejudice by Sabal Trail Transmission, LLC. (Harris, Bruce) Modified on 6/20/2017 (BMN). |
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Filing 49
ORDER regarding the measure of compensation and the use of juries to try the compensation issue; granting Sabal Trail's Motion to Strike references to settlement practices. Signed by Judge Timothy J. Corrigan on 6/15/2017. (JHC)
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| Filing 48 MINUTE ENTRY. Proceedings held before Judge Timothy J. Corrigan: Oral Argument held on 6/9/2017. Order to enter. Court Reporter: Shannon Bishop. (MD) |
| Filing 47 MOTION to Strike #43 Response in Opposition to Motion by Sabal Trail Transmission, LLC. (Bauerle, Kurtis) Motions referred to Magistrate Judge Philip R. Lammens. |
| Filing 46 REPLY to Response to Motion re #43 RESPONSE re #39 Brief as to Attorney Fees and Appointment of a Commission filed by Sabal Trail Transmission, LLC. (Harris, Bruce) Modified on 5/30/2017 (BMN). |
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Filing 45
ENDORSED ORDER granting Plaintiff Sabal Trail's Unopposed Motion for Leave to File Reply Brief. No later than May 25, 2017, Sabal Trail may file a reply brief not to exceed 20 pages. Signed by Judge Timothy J. Corrigan on 5/16/2017. (JHC)
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| Set/reset deadlines/hearings: Plaintiff reply Brief due by 5/25/2017. (BMN) |
| Filing 44 Unopposed MOTION for leave to file Reply by Sabal Trail Transmission, LLC. (Bauerle, Kurtis) |
| Filing 43 RESPONSE in Opposition re #39 BRIEF re Just Compensation and Appointment of Commission filed by Walton Acquisitions FL, LLC. (Attachments: #1 Exhibit, #2 Exhibit)(Smith, Brian) |
| Filing 42 DISBURSEMENT VOUCHER Check number 70615945 in the amount of $85,808.60 paid to Baker & Hostetler LLP Trust Account per Court's Order #41 dated 04/28//17. (AIL) |
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Filing 41
ORDER granting #40 Unopposed Motion to Withdraw Funds From the Court Registry. See Order for details. Signed by Judge Timothy J. Corrigan on 4/28/2017. (JHC)
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| Filing 40 Unopposed MOTION to Withdraw Funds From the Court Registry by Walton Acquisitions FL, LLC. (Smith, Brian) Modified on 4/27/2017 (BMN). |
| Filing 39 BRIEF re Just Compensation and Appointment of Commission by Sabal Trail Transmission, LLC. (Lopez, Edgar) Modified on 4/11/2017 (BMN). Modified on 4/11/2017 (BMN). |
| Filing 38 Supplemental CORPORATE Disclosure Statement by Sabal Trail Transmission, LLC . (Harris, Bruce) Modified on 4/5/2017 (BMN). |
| Set deadlines & hearing: Plaintiff Brief due by 4/10/2017. Defendants Responsive Brief due by 5/10/2017. ORAL Argument Hearing set for 6/9/2017 at 10:00 AM in Jacksonville Courtroom 10 D before Judge Timothy J. Corrigan. (MJT) |
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Filing 37
ORDER setting briefing schedule and hearing date on issues of (1) whether landowners are entitled to "full compensation" under Florida law or "just compensation" under federal law, and (2) whether the Court should appoint a commission or empanel juries to determine compensation. Oral argument is scheduled for June 9, 2017 at 10:00 A.M. in Courtroom 10D of the United States Courthouse in Jacksonville, Florida. See Order for briefing schedule. Signed by Judge Timothy J. Corrigan on 3/14/2017. (JHC)
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| Filing 36 MINUTE ENTRY. Proceedings held before Judge Timothy J. Corrigan: Telephone status conference held on 2/27/2017. Counsel for plaintiff to file a notice regarding unrepresented parties by 3/8/17. Court Reporter: Shelli Kozachenko. (MD) |
| Filing 35 NOTICE of Service of its Interrogatory to Defendant Walton Acquisitions, LLC by Sabal Trail Transmission, LLC (Harris, Bruce) . Modified on 11/2/2016 (BMN). ***STRIKEN PER CHAMBERS INSTRUCTIONS*** (BMN). |
| Filing 34 CASE MANAGEMENT AND SCHEDULING ORDER: Discovery deadline is 12/15/2017; Dispositive and Daubert motions due by 2/2/2018; Conduct mediation hearing by 3/16/2018; Pretrial statement due by 6/14/2018; Final Pretrial Conference set for 6/20/2018 at 10:00 AM before Judge Timothy J. Corrigan; and, Trial set for trial term commencing 7/2/2018 at 9:00 AM before Judge Timothy J. Corrigan. Signed by Deputy Clerk on 10/4/2016. (Attachments: #1 Mediation Report form, #2 docket sheet)(MD) |
| Set/reset deadlines/hearings: Telephonic Status Conference set for 2/27/2017 at 02:00 PM before Judge Timothy J. Corrigan. Led by plaintiff's counsel, the parties are directed to contact CourtCall at 866/582-6878 no later than 2/24/17 to make the telephonic conference call arrangements. (BMN) |
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Filing 33
ORDER referring cases to their originally assigned district judges for the entry of Case Management and Scheduling Orders. The next consolidated status conference is scheduled for February 27, 2017 at 2:00 p.m., to be conducted by telephone. See Order for details. Signed by Judge Timothy J. Corrigan on 9/15/2016. (JHC)
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| Filing 32 MINUTE ENTRY. Proceedings held before Judge Timothy J. Corrigan: TELEPHONE STATUS CONFERENCE held on 9/8/2016. Court Reporter: Shannon Bishop. (MD) |
| Set/reset trial management order deadlines: Status Conference, telephonic, set for 9/8/2016 at 02:00 PM before Judge Timothy J. Corrigan. (BMN) |
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Filing 31
ENDORSED ORDER postponing telephonic status conference. In light of weather conditions in Jacksonville, Fla., the telephonic status conference previously scheduled for September 2, 2016 at 9:30 a.m. is RESCHEDULED for Thursday, September 8, 2016 at 2:00 p.m. Led by plaintiff's counsel, the parties are directed to contact CourtCall at (866) 582-6878 no later than September 6, 2016, to make the telephone conference call arrangements. At least one counsel from each firm representing the parties should be present at the telephone status conference. Signed by Judge Timothy J. Corrigan on 9/1/2016. (JHC)
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Filing 30
ORDER setting telephonic status conference. Status Conference set for 9/2/2016 at 09:30 AM before Judge Timothy J. Corrigan. Led by plaintiff's counsel, the parties are directed to contact CourtCall at 866/582-6878 no later than 8/30/16 to make the telephonic conference call arrangements. Signed by Judge Timothy J. Corrigan on 8/15/16. (LMF)
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| Filing 29 CASE MANAGEMENT REPORT. (Lopez, Edgar) |
| Set deadline: Status Report due by 8/10/2016. (MJT) |
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Filing 28
ORDER setting parameters regarding compensation and valuation issues (with directions to Sabal Trail to make every effort to notify landowners), (parties' report due 8/10/2016). See Order for details. Signed by Judge Timothy J. Corrigan on 6/29/2016. (JHC)
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| Filing 27 REGISTRY MONIES received by Sabal Trail Transmission, LLC in the amount of $ 85,600.00; Receipt # OCA-7137. Copies to provided to Finance. (LMF) |
| Filing 26 PROOF of service to Tolliver, Deputy Clerk by Sabal Trail Transmission, LLC (Harris, Gordon) Modified on 6/7/2016 (BMN). |
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Filing 25
ORDER granting #24 Motion to Deposit Funds. (See Order for details.) Signed by Judge James S. Moody, Jr on 6/3/2016. (LN)
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| Filing 24 MOTION to Deposit Funds (Unopposed) by Sabal Trail Transmission, LLC. (Attachments: #1 Exhibit Schedule A, #2 Text of Proposed Order)(Lopez, Edgar) Modified on 6/3/2016 (BMN). |
| Filing 23 NOTICE to counsel of filing of OFFICIAL TRANSCRIPT. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the court reporter or view the document at the clerk's office public terminal. Court Reporter: Melissa Pierson. (Pierson, Melissa) |
| Filing 22 TRANSCRIPT of Misc. Hearing held on 5/13/2016 before Judge James S. Moody, Jr.,. Court Reporter/Transcriber Melissa Pierson,Telephone number (813) 301-5336. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or purchased through the Court Reporter.. Redaction Request due 6/13/2016, Redacted Transcript Deadline set for 6/23/2016, Release of Transcript Restriction set for 8/22/2016. (Pierson, Melissa) |
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Filing 21
ORDER: Plaintiff Sabal Trail Transmission, LLC's Motion for Partial Summary Judgment Determining the Right to Condemn Easements #3 is GRANTED. Plaintiff Sabal Trail Transmission, LLC's Motion for Preliminary Injunction for Immediate Possession #2 is GRANTED. Plaintiff may immediately access and possess the easement areas depicted in the Notice of Condemnation in this matter for the purpose of constructing and operating the subject pipeline project in accordance with the Certificate of Public Convenience and Necessity issued by the Federal Energy Regulatory Commission (Doc. 1, Ex. 4). Signed by Judge James S. Moody, Jr on 5/23/2016. (LN)
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| Filing 20 Minute Entry. Proceedings held before Judge James S. Moody, Jr: MOTION HEARING held on 5/13/2016 re #3 MOTION for partial summary judgment filed by Sabal Trail Transmission, LLC, #2 MOTION for preliminary injunction filed by Sabal Trail Transmission, LLC. Court Reporter: Melissa Pierson (MJT) |
| Filing 19 STIPULATION re #3 MOTION for partial summary judgment and #2 MOTION for preliminary injunction by Sabal Trail Transmission, LLC. (Bauerle, Kurtis) Modified on 5/13/2016 (BMN). |
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Filing 18
ORDER granting #15 Unopposed Motion to Dismiss. Defendant HSBC Bank Canada is dismissed from the case. The action remains pending against the remaining defendants. Signed by Judge Timothy J. Corrigan on 5/9/2016. (JHC)
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| Filing 17 RESPONSE in Opposition re #2 MOTION for preliminary injunction for immediate possession, with incorporated memorandum of law filed by Walton Acquisitions FL, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Smith, Brian) Modified on 5/9/2016 (BMN). |
| Filing 16 ANSWER and affirmative defenses to #1 Complaint with Jury Demand by Walton Acquisitions FL, LLC.(Smith, Brian) |
| Filing 15 Unopposed MOTION to Dismiss defendant, HSBC Bank Canada, and memorandum of law in support by Sabal Trail Transmission, LLC. (Harris, Bruce) Modified on 5/5/2016 (BMN). |
| Filing 14 CERTIFICATE of Proof of Service by Publication by Sabal Trail Transmission, LLC (Attachments: #1 Exhibit Proof of Publication)(Ziegler, Felecia) Modified on 5/4/2016 (BMN). |
| Filing 13 NOTICE of Appearance by Brian Edward Smith on behalf of Walton Acquisitions FL, LLC (Smith, Brian) |
| Filing 12 NOTICE of Appearance by Joel E. Roberts on behalf of Walton Acquisitions FL, LLC (Roberts, Joel) |
| Filing 11 PROOF of service for HSBC Bank Canada by Sabal Trail Transmission, LLC (Harris, Gordon) Modified on 4/19/2016 (EMN). |
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Filing 10
ORDER referring Motions and ORDER Setting Hearing on Motions re #2 MOTION for preliminary injunction and #3 MOTION for partial summary judgment: Motion Hearing set for 5/13/2016 at 10:00 AM in Ocala Courtroom 3 A before Judge James S. Moody Jr. Signed by Judge Timothy J. Corrigan on 4/6/16. (LMF)
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| Filing 9 PROOF of service for Walton Acquisitions FL, LLC by Sabal Trail Transmission, LLC (Harris, Gordon) Modified on 4/7/2016 (EMN). |
| Filing 8 NOTICE of Certificate of Diligent Search and of the Need to Serve by Publication by Sabal Trail Transmission, LLC (Ziegler, Felecia) Modified on 4/4/2016 (EMN). |
| Filing 7 CORPORATE disclosure statement by Sabal Trail Transmission, LLC. (NAS) |
| Filing 6 DECLARATION of Marty Bass re #2 MOTION for preliminary injunction by Sabal Trail Transmission, LLC. (Attachments: #1 Project Map)(NAS) |
| Filing 5 DECLARATION of Ed Gonzales re #2 MOTION for preliminary injunction by Sabal Trail Transmission, LLC. (Attachments: #1 Project Map)(NAS) |
| Filing 4 DECLARATION of Brian D. Armitage re #3 MOTION for partial summary judgment by Sabal Trail Transmission, LLC. (Attachments: #1 Alignment Sheet, #2 Alignment Sheet, #3 Offer Letter)(NAS) |
| Filing 3 MOTION for partial summary judgment by Sabal Trail Transmission, LLC. (NAS) |
| Filing 2 MOTION for Preliminary Injunction by Sabal Trail Transmission, LLC. (NAS) Modified on 3/21/2016 to correct event (NAS). (Additional attachment(s) added on 3/21/2016: #1 Text of Proposed Order) (NAS). |
| Filing 1 COMPLAINT against All Defendants with Jury Demand (Filing fee $ 400 receipt number JAX019658) filed by Sabal Trail Transmission, LLC. (Attachments: #1 Property Description, #2 Easement, #3 Interested Parties, #4 FERC Certificate, #5 Notice of Condemnation, #6 Civil Cover Sheet)(NAS) |
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