Florida Power & Light Company et al v. Nuclear Energy Institute, Inc.
| NextEra Energy Point Beach LLC, Florida Power & Light Company, NextEra Energy Seabrook LLC and NextEra Energy Duane Arnold LLC |
| Nuclear Energy Institute, Inc. |
| 9:2018cv80118 |
| February 2, 2018 |
| US District Court for the Southern District of Florida |
| West Palm Beach Office |
| Palm Beach (Office: West Palm Beach) |
| Dave Lee Brannon |
| Donald M Middlebrooks |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 25, 2018. A more recent docket listing may be available from PACER.
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Filing 91
ORDER CLOSING CASE Closing Case. Motions terminated: #43 MOTION to Strike Defendant's Expert Disclosure in Part and MOTION in Limine to Preclude Defendant from Proffering Certain Expert Testimony filed by NextEra Energy Duane Arnold LLC, Florida Power & Light Company, NextEra Energy Point Beach LLC, NextEra Energy Seabrook LLC, #40 Plaintiff's MOTION to Preclude Testimony filed by NextEra Energy Duane Arnold LLC, Florida Power & Light Company, NextEra Energy Point Beach LLC, NextEra Energy Seabrook LLC, #86 MOTION TO PRECLUDE PLAINTIFFS' NEW ALLEGED DAMAGES FROM THEIR SEPTEMBER 14, 2018 AMENDED SUPPLEMENTAL INTERROGATORY RESPONSE AND THEIR STILL UNDISCLOSED DAMAGES ON ADDITIONAL THEORIES filed by Nuclear Energy Institute, Inc., #83 Joint MOTION to Seal Exhibits to (ECF 82) Joint Filing of Objections to Deposition Designations & Counter Designations per Local Rule 5.4 filed by Nuclear Energy Institute, Inc., #45 Second MOTION in Limine filed by Nuclear Energy Institute, Inc., #46 MOTION to Seal Exhibit A to NEI's Second Motion in Limine per Local Rule 5.4 filed by Nuclear Energy Institute, Inc., #73 MOTION to Preclude Plaintiffs' Use of More Than 3,700 Pages of Documents Disclosed After the Close of Discovery and After Pretrial Motions Were Filed filed by Nuclear Energy Institute, Inc.. Signed by Judge Donald M. Middlebrooks on 9/25/2018. See attached document for full details. (cqs)
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| Filing 90 FINAL JUDGMENT in favor of Nuclear Energy Institute, Inc. against Florida Power & Light Company, NextEra Energy Duane Arnold LLC, NextEra Energy Point Beach LLC, NextEra Energy Seabrook LLC Signed by Judge Donald M. Middlebrooks on 9/25/2018. See attached document for full details. (cqs) |
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Filing 89
ORDER denying #42 Motion for Partial Summary Judgment; granting #48 Motion for Summary Judgment. Signed by Judge Donald M. Middlebrooks on 9/25/2018. See attached document for full details. (cqs)
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| Filing 88 Proposed Findings of Fact and Proposed Conclusions of Law by Nuclear Energy Institute, Inc.. (Pace, Christopher) |
| Filing 87 Proposed Findings of Fact and Proposed Conclusions of Law by Florida Power & Light Company, NextEra Energy Duane Arnold LLC, NextEra Energy Point Beach LLC, NextEra Energy Seabrook LLC. (Ianno, Joseph) |
| Filing 86 MOTION TO PRECLUDE PLAINTIFFS' NEW ALLEGED DAMAGES FROM THEIR SEPTEMBER 14, 2018 AMENDED SUPPLEMENTAL INTERROGATORY RESPONSE AND THEIR STILL UNDISCLOSED DAMAGES ON ADDITIONAL THEORIES by Nuclear Energy Institute, Inc.. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Exhibit Exhibit G, #8 Exhibit Exhibit H)(Pace, Christopher) |
| Filing 85 WITHDRAWN NOTICE OF WITHDRAWAL OF MOTION by Nuclear Energy Institute, Inc. re #44 First MOTION in Limine filed by Nuclear Energy Institute, Inc. (Pace, Christopher) Modified PER DE #85 on 9/19/2018 (vmz). |
| Filing 83 Joint MOTION to Seal Exhibits to (ECF 82) Joint Filing of Objections to Deposition Designations & Counter Designations per Local Rule 5.4 by Nuclear Energy Institute, Inc.. (Attachments: #1 Text of Proposed Order Proposed Order) (Pace, Christopher) |
| Filing 82 NOTICE by Nuclear Energy Institute, Inc. of Joint Filing of Objections to Deposition Designations & Counter Designations (Attachments: #1 Exhibit Ex. A, #2 Exhibit Ex. B, #3 Exhibit Ex. C, #4 Exhibit Ex. D) (Pace, Christopher) |
| Filing 81 REPLY to Response to Motion re #73 MOTION to Preclude Plaintiffs' Use of More Than 3,700 Pages of Documents Disclosed After the Close of Discovery and After Pretrial Motions Were Filed filed by Nuclear Energy Institute, Inc.. (Attachments: #1 Exhibit Ex. A - Deposition Transcripts Excerpts, #2 Exhibit Ex. B - Deposition Transcript Excerpts)(Pace, Christopher) |
| SYSTEM ENTRY - Docket Entry 84 [misc] restricted/sealed until further notice. (710471) |
| Filing 80 NOTICE by Florida Power & Light Company, NextEra Energy Duane Arnold LLC, NextEra Energy Point Beach LLC, NextEra Energy Seabrook LLC of Scheduling Conflict (Ianno, Joseph) |
| Filing 79 RESPONSE in Opposition re #73 MOTION to Preclude Plaintiffs' Use of More Than 3,700 Pages of Documents Disclosed After the Close of Discovery and After Pretrial Motions Were Filed filed by Florida Power & Light Company, NextEra Energy Duane Arnold LLC, NextEra Energy Point Beach LLC, NextEra Energy Seabrook LLC. Replies due by 9/17/2018. (Attachments: #1 Exhibit A, #2 Affidavit of David Bonthron, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H)(Ianno, Joseph) |
| SYSTEM ENTRY - Docket Entry 78 [misc] restricted/sealed until further notice. (518052) |
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Filing 77
ORDER granting #58 Motion to Seal. Matters should remain sealed permanently. Re: #61 Response in Opposition to Motion, filed by NextEra Energy Duane Arnold LLC, Florida Power & Light Company, NextEra Energy Point Beach LLC, NextEra Energy Seabrook LLC, #60 Response in Opposition to Motion, filed by NextEra Energy Duane Arnold LLC, Florida Power & Light Company, NextEra Energy Point Beach LLC, NextEra Energy Seabrook LLC. Signed by Judge Donald M. Middlebrooks on 9/6/2018. See attached document for full details. (dj)
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Filing 76
OMNIBUS ORDER ON MOTIONS FOR JUDICIAL NOTICE; granting #33 Motion Plaintiff's MOTION for Judicial Notice of SEC FilingsUnopposed MOTION for Judicial Notice of NEI's 2016 & 2015 IRS Filings; granting #53 Motion Plaintiff's MOTION for Judicial Notice of SEC FilingsUnopposed MOTION for Judicial Notice of NEI's 2016 & 2015 IRS Filings. Signed by Judge Donald M. Middlebrooks on 9/6/2018. See attached document for full details. (vmz) Modified text on 9/7/2018 (vmz).
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| Filing 75 PRETRIAL STIPULATION Joint Pretrial Stipulation by Nuclear Energy Institute, Inc. (Attachments: #1 Exhibit A Plaintiffs' Exhibit and Witness List, #2 Exhibit B Defendant's Exhibit and Witness List)(Pace, Christopher) |
| Filing 74 STIPULATION for Waiver of Jury Trial by Florida Power & Light Company, NextEra Energy Duane Arnold LLC, NextEra Energy Point Beach LLC, NextEra Energy Seabrook LLC (Ianno, Joseph) |
| Filing 73 MOTION to Preclude Plaintiffs' Use of More Than 3,700 Pages of Documents Disclosed After the Close of Discovery and After Pretrial Motions Were Filed by Nuclear Energy Institute, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Text of Proposed Order)(Pace, Christopher) |
| Filing 72 FINAL MEDIATION REPORT by Richard J. Davis. Disposition: Case did not settle.(Pace, Christopher) |
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Filing 71
PAPERLESS ORDER. The deadline to mediate was August 1, 2018, and therefore the mediation report should have been filed by August 8, 2018. See Local Rule 16.2(f). Because it has not yet been filed, the Parties are directed to ensure that the mediation report is filed by August 21, 2018. Signed by Judge Donald M. Middlebrooks on 8/17/2018. (tfa)
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| Filing 70 Defendant's RESPONSE to #59 Response/Reply (Other),,, NUCLEAR ENERGY INSTITUTE'S RESPONSE TO PLAINTIFFS' STATEMENT OF ADDITIONAL UNDISPUTED FACTS by Nuclear Energy Institute, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11)(Pace, Christopher) |
| Filing 69 REPLY to Response to Motion re #48 Defendant's MOTION for Summary Judgment NUCLEAR ENERGY INSTITUTE'S REPLY IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT filed by Nuclear Energy Institute, Inc.. (Pace, Christopher) |
| Filing 68 REPLY IN FURTHER SUPPORT re #42 Plaintiff's MOTION for Partial Summary Judgment filed by Florida Power & Light Company, NextEra Energy Duane Arnold LLC, NextEra Energy Point Beach LLC, NextEra Energy Seabrook LLC. (Ianno, Joseph) Modified text on 8/7/2018 (vmz). |
| Filing 67 REPLY In Support of #45 Second MOTION in Limine NUCLEAR ENERGY INSTITUTES REPLY IN SUPPORT OF SECOND MOTION IN LIMINE: EVIDENCE OF NEIS FINANCIAL CONDITION IS INADMISSIBLE filed by Nuclear Energy Institute, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Pace, Christopher) Modified on 8/7/2018 (vmz). |
| Filing 66 REPLY In Support of #44 First MOTION in Limine NUCLEAR ENERGY INSTITUTES REPLY IN SUPPORT OF FIRST MOTION IN LIMINE: MOTION TO STRIKE/EXCLUDE PLAINTIFFS UNNAMED REPRESENTATIVE WITNESSES filed by Nuclear Energy Institute, Inc.. (Attachments: #1 Exhibit A)(Pace, Christopher) Modified text on 8/7/2018 (vmz). |
| Filing 65 Plaintiff's REPLY to #57 Response/Reply (Other),, to Statement of Undisputed Facts in Support of Plaintiffs' Motion for Partial Summary Judgment by Florida Power & Light Company, NextEra Energy Duane Arnold LLC, NextEra Energy Point Beach LLC, NextEra Energy Seabrook LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Ianno, Joseph) |
| Filing 64 REPLY In Support of Motion re #43 MOTION to Strike Defendant's Expert Disclosure in Part and MOTION in Limine to Preclude Defendant from Proffering Certain Expert Testimony filed by Florida Power & Light Company, NextEra Energy Duane Arnold LLC, NextEra Energy Point Beach LLC, NextEra Energy Seabrook LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Ianno, Joseph) Modified text on 8/7/2018 (vmz). |
| Filing 63 REPLY to Response to Motion re #40 Plaintiff's MOTION to Preclude Testimony filed by Florida Power & Light Company, NextEra Energy Duane Arnold LLC, NextEra Energy Point Beach LLC, NextEra Energy Seabrook LLC. (Ianno, Joseph) |
| Filing 62 RESPONSE in Opposition re #44 First MOTION in Limine to Exclude Corporate Representative Witnesses filed by Florida Power & Light Company, NextEra Energy Duane Arnold LLC, NextEra Energy Point Beach LLC, NextEra Energy Seabrook LLC. Replies due by 8/6/2018. (Ianno, Joseph) |
| Filing 61 RESPONSE in Opposition re #45 Second MOTION in Limine to Preclude Evidence of NEI's Financial Condition filed by Florida Power & Light Company, NextEra Energy Duane Arnold LLC, NextEra Energy Point Beach LLC, NextEra Energy Seabrook LLC. Replies due by 8/6/2018. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Ianno, Joseph) |
| Filing 60 RESPONSE in Opposition re #48 Defendant's MOTION for Summary Judgment filed by Florida Power & Light Company, NextEra Energy Duane Arnold LLC, NextEra Energy Point Beach LLC, NextEra Energy Seabrook LLC. Replies due by 8/6/2018. (Ianno, Joseph) |
| Filing 59 Plaintiff's RESPONSE to #49 Statement,,, of Material Facts in Support of Defendant's Motion for Summary Judgment by Florida Power & Light Company, NextEra Energy Duane Arnold LLC, NextEra Energy Point Beach LLC, NextEra Energy Seabrook LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25)(Ianno, Joseph) |
| Filing 58 Joint MOTION to Seal Certain Exhibits to Plaintiffs' Responses to Defendant's Motion for Summary Judgment & Motion in Limine & Redactions to Responses per Local Rule 5.4 by Florida Power & Light Company, NextEra Energy Duane Arnold LLC, NextEra Energy Point Beach LLC, NextEra Energy Seabrook LLC. (Attachments: #1 Text of Proposed Order) (Ianno, Joseph) |
| Filing 57 Defendant's RESPONSE to #41 Statement,,,, NUCLEAR ENERGY INSTITUTES RESPONSE TO PLAINTIFFS STATEMENT OF UNDISPUTED MATERIAL FACTS IN SUPPORT OF PLAINTIFFS MOTION FOR PARTIAL SUMMARY JUDGMENT by Nuclear Energy Institute, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21)(Pace, Christopher) |
| Filing 56 RESPONSE in Opposition re #42 Plaintiff's MOTION for Partial Summary Judgment filed by Nuclear Energy Institute, Inc.. Replies due by 8/6/2018. (Pace, Christopher) |
| Filing 55 RESPONSE in Opposition re #43 MOTION to Strike Defendant's Expert Disclosure in Part and MOTION in Limine to Preclude Defendant from Proffering Certain Expert Testimony filed by Nuclear Energy Institute, Inc.. Replies due by 8/6/2018. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11)(Mastrucci, Christina) |
| Filing 54 RESPONSE in Opposition re #40 Plaintiff's MOTION to Preclude Testimony filed by Nuclear Energy Institute, Inc.. Replies due by 8/6/2018. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Mastrucci, Christina) |
| Filing 53 Unopposed MOTION for Judicial Notice of NEI's 2016 & 2015 IRS Filings by Florida Power & Light Company, NextEra Energy Duane Arnold LLC, NextEra Energy Point Beach LLC, NextEra Energy Seabrook LLC. (Attachments: #1 Exhibit A - NEI 2016 Form 990, #2 Exhibit B - NEI 2015 Form 990)(Ianno, Joseph) |
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Filing 51
ORDER granting #38 Motion to Seal. Signed by Judge Donald M. Middlebrooks on 7/20/2018. See attached document for full details. (dj)
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| SYSTEM ENTRY - Docket Entry 52 [misc] restricted/sealed until further notice. (518052) |
| Filing 50 Defendant's RESPONSE to #33 Plaintiff's MOTION for Judicial Notice of SEC Filings by Nuclear Energy Institute, Inc.. (Pace, Christopher) |
| Filing 49 Statement of: Material Facts In Support of Motion for Summary Judgment by Nuclear Energy Institute, Inc. re #48 Defendant's MOTION for Summary Judgment (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37)(Pace, Christopher) |
| Filing 48 Defendant's MOTION for Summary Judgment by Nuclear Energy Institute, Inc.. Responses due by 7/30/2018 (Weinroth, Marc) |
| Filing 46 MOTION to Seal Exhibit A to NEI's Second Motion in Limine per Local Rule 5.4 by Nuclear Energy Institute, Inc.. (Attachments: #1 Exhibit 1, #2 Text of Proposed Order) (Weinroth, Marc) |
| Filing 45 Second MOTION in Limine by Nuclear Energy Institute, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Weinroth, Marc) |
| Filing 44 First MOTION in Limine by Nuclear Energy Institute, Inc.. (Attachments: #1 Exhibit A)(Weinroth, Marc) |
| Filing 43 MOTION to Strike Defendant's Expert Disclosure in Part and ( Responses due by 7/30/2018), MOTION in Limine to Preclude Defendant from Proffering Certain Expert Testimony by Florida Power & Light Company, NextEra Energy Duane Arnold LLC, NextEra Energy Point Beach LLC, NextEra Energy Seabrook LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Ianno, Joseph) |
| Filing 42 Plaintiff's MOTION for Partial Summary Judgment by Florida Power & Light Company, NextEra Energy Duane Arnold LLC, NextEra Energy Point Beach LLC, NextEra Energy Seabrook LLC. Responses due by 7/30/2018 (Ianno, Joseph) |
| Filing 41 Statement of: Undisputed Facts in Support of Plaintiffs' Motion for Partial Summary Judgment by Florida Power & Light Company, NextEra Energy Duane Arnold LLC, NextEra Energy Point Beach LLC, NextEra Energy Seabrook LLC (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Errata 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Errata 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37, #38 Exhibit 38, #39 Exhibit 39, #40 Exhibit 40)(Ianno, Joseph) |
| Filing 40 Plaintiff's MOTION to Preclude Testimony by Florida Power & Light Company, NextEra Energy Duane Arnold LLC, NextEra Energy Point Beach LLC, NextEra Energy Seabrook LLC. (Attachments: #1 Exhibit A - Notice of Deposition, #2 Exhibit B - Rich Excerpted Transcript, #3 Exhibit C - NEI 30(b)(6) Disclosure Email)(Ianno, Joseph) |
| Filing 39 NOTICE by Florida Power & Light Company, NextEra Energy Duane Arnold LLC, NextEra Energy Point Beach LLC, NextEra Energy Seabrook LLC of Filing Declaration of David J. Bonthron (Attachments: #1 Affidavit Declaration of D. Bonthron, #2 Exhibit A) (Ianno, Joseph) |
| Filing 38 Plaintiff's MOTION to Seal Certain Exhibits in Support of Plaintiffs' Motion for Partial Summary Judgment per Local Rule 5.4 by Florida Power & Light Company, NextEra Energy Duane Arnold LLC, NextEra Energy Point Beach LLC, NextEra Energy Seabrook LLC. (Attachments: #1 Text of Proposed Order) (Ianno, Joseph) |
| Filing 37 STIPULATION Regarding Authenticity of Documents by Florida Power & Light Company, NextEra Energy Duane Arnold LLC, NextEra Energy Point Beach LLC, NextEra Energy Seabrook LLC (Ianno, Joseph) |
| Filing 36 NOTICE of Attorney Appearance by Marc Weinroth on behalf of Nuclear Energy Institute, Inc.. Attorney Marc Weinroth added to party Nuclear Energy Institute, Inc.(pty:dft). (Weinroth, Marc) |
| Filing 35 NOTICE of Attorney Appearance by Christina Therese Mastrucci on behalf of Nuclear Energy Institute, Inc.. Attorney Christina Therese Mastrucci added to party Nuclear Energy Institute, Inc.(pty:dft). (Mastrucci, Christina) |
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Filing 34
PAPERLESS ORDER. On July 15, 2018, Plaintiffs filed a Request for Judicial Notice of SEC filings, asking the Court to take judicial notice of certain public records filed with the SEC. (DE 33). Plaintiffs did not indicate whether Defendants oppose the Motion. Given the upcoming pre-trial motions deadline, Defendants must file any objections to the Motion by July 18, 2018. Signed by Judge Donald M. Middlebrooks on 7/16/2018. (tfa)
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| SYSTEM ENTRY - Docket Entry 47 [misc] restricted/sealed until further notice. (1099935) |
| Filing 33 Plaintiff's MOTION for Judicial Notice of SEC Filings by Florida Power & Light Company, NextEra Energy Duane Arnold LLC, NextEra Energy Point Beach LLC, NextEra Energy Seabrook LLC. (Attachments: #1 Exhibit Pages 1-15 of SEC Form 10-K)(Ianno, Joseph) |
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Filing 32
ENDORSED ORDER granting in part #30 Agreed Motion for Extension of Time. The Parties jointly request that the Court extend several pretrial deadlines. The Parties represent that mediation is scheduled for June 18, 2018 and note that they still plan to complete several depositions before the close of discovery. The Parties submit that it would be more efficient to conduct the mediation before taking the depositions given that a successful mediation would obviate the need for the additional depositions. The motion is granted in part. No modification will be permitted of the current pretrial motions deadline, or any deadlines thereafter. The request to modify the remaining interim discovery/disclosure deadlines is granted as set forth in the agreed motion. Signed by Judge Donald M. Middlebrooks on 6/15/2018. (kal)
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Filing 31
ENDORSED ORDER granting #29 Motion for Extension of Time. Any expert disclosure made by Defendant prior to June 2, 2018 is deemed timely. Signed by Judge Donald M. Middlebrooks on 6/13/2018. (kal)
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| Filing 30 Agreed MOTION for Extension of Time of Certain Pretrial Deadlines re #16 Scheduling Order,,,, Order Referring Case to Mediation,,, #25 Order on Motion for Extension of Time by Nuclear Energy Institute, Inc.. Responses due by 6/25/2018 (Attachments: #1 Text of Proposed Order)(Pace, Christopher) |
| Filing 29 Agreed MOTION for Extension of Time Agreed Motion to Extend Expert Identification Date By One Week by Nuclear Energy Institute, Inc.. Responses due by 6/8/2018 (Attachments: #1 Text of Proposed Order)(Pace, Christopher) |
| Filing 28 ANSWER and Affirmative Defenses to Complaint by Nuclear Energy Institute, Inc.. (Pace, Christopher) |
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Filing 27
ORDER ENTERING STIPULATED PROTECTIVE ORDER; Granting #24 Motion for Protective Order. Signed by Judge Donald M. Middlebrooks on 5/14/2018. (vmz)
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Filing 26
ORDER granting in part and denying in part #12 Motion to Dismiss for Failure to State a Claim. Signed by Judge Donald M. Middlebrooks on 5/10/2018. (vmz)
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Filing 25
ORDER MODIFYING PRETRIAL SCHEDULING ORDER;granting #20 Motion for Extension of Time. Signed by Judge Donald M. Middlebrooks on 5/4/2018. (vmz)
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| Filing 24 Joint MOTION for Protective Order by Nuclear Energy Institute, Inc.. (Attachments: #1 Text of Proposed Order)(Pace, Christopher) |
| Filing 23 Corporate Disclosure Statement by Florida Power & Light Company, NextEra Energy Duane Arnold LLC, NextEra Energy Point Beach LLC, NextEra Energy Seabrook LLC identifying Corporate Parent NextEra Energy, Inc. for Florida Power & Light Company, NextEra Energy Duane Arnold LLC, NextEra Energy Point Beach LLC, NextEra Energy Seabrook LLC (Ianno, Joseph) |
| Filing 22 SUPPLEMENT to #1 Complaint by Florida Power & Light Company, NextEra Energy Duane Arnold LLC, NextEra Energy Point Beach LLC, NextEra Energy Seabrook LLC (Ianno, Joseph) |
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Filing 21
ENDORSED ORDER REGARDING JURISDICTION. This matter is before the court sua sponte. See Arbaugh v. Y&H Corp., 546 U.S. 500, 506 (2006) (issues relating to subject matter jurisdiction may be raised by court on its own initiative at any stage of litigation). Plaintiff filed its Complaint on February 2, 2018, alleging that this Court has jurisdiction based on diversity. However, the allegations fail to plead diversity. See Travaglio v. Am. Exp. Co, 735 F.3d 1266, 1268 (11th Cir. 2013) (When a plaintiff files suit in federal court, she must allege facts that, if true, show federal subject matter jurisdiction over her case exists.). Specifically, the party asserting diversity must prove the citizenships of all the members of the limited liability company and all the partners of the limited partnership. Rolling Greens MHP, L.P. v. Comcast SCH Holdings L.L.C, 374 F.3d 1020, 1022 (11th Cir. 2004). Plaintiff must also allege the place of incorporation and the principal place of business of all corporate defendants. See 28 U.S.C. 1332 (c)(1). Multiple parties in this action are limited liability companies but Plaintiffs failed to plead the citizenship of all members of the LLCs. Plaintiffs are directed to cure this deficiency by filing a supplement to the Complaint by May 1, 2018. Signed by Judge Donald M. Middlebrooks on 4/18/2018. (kal)
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| Filing 20 Agreed MOTION for Extension of Time to modify Expert Discosure and Pretrial Order re #16 Scheduling Order,,,, Order Referring Case to Mediation,,, by Florida Power & Light Company. Responses due by 4/30/2018 (Ianno, Joseph) |
| Filing 19 REPORT REGARDING Joint Discovery Plan by Florida Power & Light Company, NextEra Energy Duane Arnold LLC, NextEra Energy Point Beach LLC, NextEra Energy Seabrook LLC (Ianno, Joseph) |
| Filing 18 REPLY to Response to Motion re #12 Defendant's MOTION TO DISMISS #1 Complaint FOR FAILURE TO STATE A CLAIM filed by Nuclear Energy Institute, Inc.. (Pace, Christopher) |
| Filing 17 RESPONSE in Opposition re #12 Defendant's MOTION TO DISMISS #1 Complaint FOR FAILURE TO STATE A CLAIM filed by Florida Power & Light Company, NextEra Energy Duane Arnold LLC, NextEra Energy Point Beach LLC, NextEra Energy Seabrook LLC. Replies due by 3/19/2018. (Ianno, Joseph) |
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Filing 16
Pretrial Scheduling Order And Order Referring Case To Mediation : ( Status Conference set for 9/26/2018 01:15 PM before Judge Donald M. Middlebrooks., Jury Trial set for 10/1/2018 09:00 AM before Judge Donald M. Middlebrooks., Calendar Call set for 9/26/2018 01:15 PM before Judge Donald M. Middlebrooks., Amended Pleadings due by 4/2/2018., Discovery due by 6/25/2018., Joinder of Parties due by 4/2/2018., In Limine Motions due by 7/16/2018., Dispositive Motions due by 7/16/2018., Motions due by 7/16/2018., Pretrial Stipulation due by 9/4/2018.) Signed by Magistrate Judge Dave Lee Brannon on 3/9/2018. (vmz) #Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here.
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Filing 15
ORDER REFERRING CASE AND SETTING TRIAL DATE. ( Calendar Call set for 9/26/2018 01:15 PM in West Palm Beach Division before Judge Donald M. Middlebrooks., Jury Trial set for 10/1/2018 09:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks.) Signed by Judge Donald M. Middlebrooks on 3/8/2018. (vmz)
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Filing 14
ENDORSED ORDER granting #11 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorneys John M. Majoras. Signed by Judge Donald M. Middlebrooks on 2/28/2018. (kal)
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| Filing 13 Corporate Disclosure Statement by Nuclear Energy Institute, Inc. (Pace, Christopher) |
| Filing 12 Defendant's MOTION TO DISMISS #1 Complaint FOR FAILURE TO STATE A CLAIM by Nuclear Energy Institute, Inc.. Responses due by 3/12/2018 (Attachments: #1 Exhibit 1)(Pace, Christopher) |
| Filing 11 Defendant's MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for John M. Majoras. Filing Fee $ 75.00 Receipt # 113C-10441018 by Nuclear Energy Institute, Inc.. Attorney Christopher Rebel Jude Pace added to party Nuclear Energy Institute, Inc.(pty:dft). Responses due by 3/12/2018 (Attachments: #1 Certification, #2 Text of Proposed Order)(Pace, Christopher) |
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Filing 10
ENDORSED ORDER granting #7 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Shaud G. Tavakoli. Signed by Judge Donald M. Middlebrooks on 2/7/2018. (kal)
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Filing 9
ENDORSED ORDER granting #6 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Lauren E. Aguiar. Signed by Judge Donald M. Middlebrooks on 2/7/2018. (kal)
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Filing 8
ENDORSED ORDER granting #5 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney(s) George A. Zimmerman. Signed by Judge Donald M. Middlebrooks on 2/7/2018. (kal)
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| Filing 7 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Shaud G. Tavakoli. Filing Fee $ 75.00 Receipt # 113C-10386862 by Florida Power & Light Company, NextEra Energy Duane Arnold LLC, NextEra Energy Point Beach LLC, NextEra Energy Seabrook LLC. Responses due by 2/20/2018 (Attachments: #1 Certification, #2 Text of Proposed Order)(Ianno, Joseph) |
| Filing 6 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Lauren E. Aguiar. Filing Fee $ 75.00 Receipt # 113C-10386833 by Florida Power & Light Company, NextEra Energy Duane Arnold LLC, NextEra Energy Point Beach LLC, NextEra Energy Seabrook LLC. Responses due by 2/20/2018 (Attachments: #1 Certification, #2 Text of Proposed Order)(Ianno, Joseph) |
| Filing 5 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for George A. Zimmerman. Filing Fee $ 75.00 Receipt # 113C-10386770 by Florida Power & Light Company, NextEra Energy Duane Arnold LLC, NextEra Energy Point Beach LLC, NextEra Energy Seabrook LLC. Responses due by 2/20/2018 (Attachments: #1 Certification, #2 Text of Proposed Order)(Ianno, Joseph) |
| Filing 4 Corporate Disclosure Statement by Florida Power & Light Company, NextEra Energy Duane Arnold LLC, NextEra Energy Point Beach LLC, NextEra Energy Seabrook LLC identifying Corporate Parent NextEra Energy, Inc. for Florida Power & Light Company, NextEra Energy Duane Arnold LLC, NextEra Energy Point Beach LLC, NextEra Energy Seabrook LLC (Ianno, Joseph) |
| Filing 3 Summons Issued as to Nuclear Research Institute, Inc.. (rms1) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Donald M. Middlebrooks and Magistrate Judge Dave Lee Brannon. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Dave Lee Brannon is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (rms1) |
| Filing 1 COMPLAINT against All Plaintiffs. Filing fees $ 400.00 receipt number 113C-10379267, filed by Florida Power & Light Company. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B, #4 Summon(s))(Ianno, Joseph) |
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