OGLETHORPE POWER CORPORATION et al v. ETHOSENERGY POWER PLANT SERVICES, LLC
| FACTORY MUTUAL INSURANCE COMPANY and OGLETHORPE POWER CORPORATION |
| ETHOSENERGY POWER PLANT SERVICES LLC |
| 3:2018cv00072 |
| June 7, 2018 |
| US District Court for the Middle District of Georgia |
| Athens Office |
| Hart |
| CLAY D LAND |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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| Filing 133 STIPULATION of Dismissal by ETHOSENERGY POWER PLANT SERVICES LLC as to ETHOSENERGY POWER PLANT SERVICES LLC, FACTORY MUTUAL INSURANCE COMPANY, OGLETHORPE POWER CORPORATION (MORRIS, NIKKI) |
| NOTICE: Due to #133 Stipulation of Dismissal, this case has been closed. Courtroom deputy notified via ad hoc e mail. Because F.R.Civ.P. 41(a)(1)(A)(ii) provides that parties may stipulate dismissal WITHOUT A COURT ORDER, the proposed Order attached to the filed stipulation is unnecessary and will not be executed by the court (ggs) |
| Filing 132 NOTICE of Settlement by FACTORY MUTUAL INSURANCE COMPANY, OGLETHORPE POWER CORPORATION(Chin, James) |
| Filing 131 This is a text only entry; no document issued. ORDER granting #130 Motion to Continue. As the parties have been previously notified, the Court has cancelled its Athens November civil jury trial term due to COVID-19. Therefore, the pretrial conference is cancelled and the related deadlines extended. The Court will issue a separate order re-setting the trial, pretrial conference and deadlines. Ordered by US DISTRICT JUDGE CLAY D LAND on 09/23/2020 (CCL) |
| NOTICE OF CANCELLATION OF Pretrial Conference set for 10/15/2020 09:30 AM. (glg) |
| Filing 130 JOINT MOTION to Continue Pretrial Deadlines and Pretrial Conference by FACTORY MUTUAL INSURANCE COMPANY, OGLETHORPE POWER CORPORATION filed by James V. Chin.(Chin, James) |
| Filing 129 NOTICE Notice of Change of Firm Name and Email Address by OGLETHORPE POWER CORPORATION (SANACORY, ANTONY) |
Filing 128
Order granting Petition for Admission Pro Hac Vice (Petition Attached); Attorney Admission Fee Met by RICHARD G URQUHART (nop)
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| Filing 127 PETITION TO THE CLERK FOR ADMISSION TO PLEAD AND PRACTICE PRO HAC VICE by FACTORY MUTUAL INSURANCE COMPANY, OGLETHORPE POWER CORPORATION Attorney Admission Fee (Pro Hac Vice) paid by Receipt # AGAMDC-3552112, $100. LOCAL COUNSEL Name and Georgia Bar #: James V. Chin 12487. (Attachments: #1 Certificate of Good Standing)(URQUHART, RICHARD) |
| Filing 126 This is a text only entry; no document issued. ORDER granting #125 Motion to Withdraw as Attorney. Attorney STEVEN J KYLE terminated Ordered by US DISTRICT JUDGE CLAY D LAND on 08/27/2020 (CCL) |
| Filing 125 FIRST MOTION to Withdraw as Attorney by ETHOSENERGY POWER PLANT SERVICES LLC filed by STEVEN J KYLE.(KYLE, STEVEN) |
| Filing 124 Pretrial Conference set for 10/15/2020 09:30 AM in Athens before US DISTRICT JUDGE CLAY D LAND. Proposed Pretrial Order due by 10/8/2020. NOTICE OF PRETRIAL CONFERENCE. This Hearing will occur via VIDEOCONFERENCE. Counsel will receive connection information by separate email after 10/01/2020. Public access, media, and other interested parties can listen to the hearing by dialing 1-877-402-9753 and entering 5961773 at the time of the hearing. (Attachments: #1 Jury PTO Form EXHIBIT A, #2 JERS information, #3 NOTICE TO COUNSEL COVID-19 PROTOCOLS)(glg) |
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Filing 123
ORDER granting in part and denying in part #60 Motion for Summary Judgment. This action will be tried during the Courts next regular Athens trial term, which will begin on October 26, 2020. Ordered by US DISTRICT JUDGE CLAY D LAND on 6/30/2020. (ggs)
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Filing 122
ORDER deferring #52 Motion to Compel; granting in part and denying in part #53 Motion in Limine; denying #55 Motion to Strike ; denying #56 Motion for Sanctions; denying #57 Motion to Strike ; granting in part and denying in part #58 Motion to Strike ; denying #59 Motion to Strike ; denying in part and deferring in part #63 Motion to Compel Ordered by US DISTRICT JUDGE CLAY D LAND on 04/29/2020 (CCL)
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| Filing 121 Minute Entry (content for administrative purposes only) for proceedings held before US DISTRICT JUDGE CLAY D LAND: Motion Hearing held on 4/28/2020 re #53 MOTION in Limine regarding to Exclude Testimony of Defendant's Non-Retained Experts and Certain Testimony of Dr. Henry Bernstein and Motion to Strike filed by FACTORY MUTUAL INSURANCE COMPANY, OGLETHORPE POWER CORPORATION, #56 MOTION for Sanctions Based on Spoliation of Evidence filed by ETHOSENERGY POWER PLANT SERVICES LLC, #57 MOTION to Strike filed by ETHOSENERGY POWER PLANT SERVICES LLC, #60 MOTION for Summary Judgment filed by ETHOSENERGY POWER PLANT SERVICES LLC, #59 MOTION to Strike filed by ETHOSENERGY POWER PLANT SERVICES LLC, #58 MOTION to Strike filed by ETHOSENERGY POWER PLANT SERVICES LLC, #54 MOTION for Hearing re #53 MOTION in Limine regarding to Exclude Testimony of Defendant's Non-Retained Experts and Certain Testimony of Dr. Henry Bernstein and Motion to Strike filed by FACTORY MUTUAL INSURANCE COMPANY, OGLETHORPE POWER CORPORATION, #52 MOTION to Compel and Brief in Support filed by OGLETHORPE POWER CORPORATION, #55 MOTION to Strike filed by ETHOSENERGY POWER PLANT SERVICES LLC (Court Reporter Betsy Peterson.) Court Reporter: Betsy Peterson. (glg) |
| Filing 120 SURREPLY filed by OGLETHORPE POWER CORPORATION re #60 MOTION for Summary Judgment (Attachments: #1 Exhibit Depo Transcript)(SANACORY, ANTONY) |
| Filing 119 SURREPLY filed by OGLETHORPE POWER CORPORATION re #55 MOTION to Strike (Attachments: #1 Exhibit NFPA 921 Guide)(SANACORY, ANTONY) |
| Filing 118 SURREPLY filed by OGLETHORPE POWER CORPORATION re #56 MOTION for Sanctions Based on Spoliation of Evidence (SANACORY, ANTONY) |
| Filing 117 This is a text only entry; no document issued. ORDER granting #114 Motion for Leave to File; granting #115 Motion for Leave to File; granting #116 Motion for Leave to File. Plaintiffs may file the three sur-replies. None of the sur-replies should exceed five pages. All of the sur-replies are due on or before April 3, 2020. Ordered by US DISTRICT JUDGE CLAY D LAND on 03/31/2020 (CCL) |
| Filing 116 MOTION for Leave to File Plaintiffs' Motion and Supporting Memorandum for Permission to File Sur-Reply in Opposition to Defendant's Motion for Sanctions Based on Spoliation of Evidence by OGLETHORPE POWER CORPORATION filed by ANTONY L SANACORY.(SANACORY, ANTONY) |
| Filing 115 MOTION for Leave to File Plaintiffs' Motion and Supporting Memorandum for Permission to File Sur-Reply In Opposition to Defendant's Motion to Exclude Expert Testimony of Huawei Shi by OGLETHORPE POWER CORPORATION filed by ANTONY L SANACORY.(SANACORY, ANTONY) |
| Filing 114 MOTION for Leave to File Sur-Reply Brief in Opposition to Defendant's Motion for Summary Judgment by OGLETHORPE POWER CORPORATION filed by ANTONY L SANACORY.(SANACORY, ANTONY) |
| Filing 113 ***RESTRICTED to Case Attorneys of Record and Court Users***, EXHIBIT(S) by ETHOSENERGY POWER PLANT SERVICES LLC re #103 Reply to Response to Motion re: #57 MOTION to Strike. Exhibit 2. (Attachments: #1 Exhibit 5, #2 Exhibit 8, #3 Exhibit 166, #4 Exhibit 193)(ggs) |
| Filing 112 ***RESTRICTED to Case Attorneys of Record and Court Users***, EXHIBIT(S) by ETHOSENERGY POWER PLANT SERVICES LLC re #104 Reply to Response to Motion re: #55 MOTION to Strike. Exhibit 6 (Attachments: #1 Exhibit 7, #2 Exhibit 166, #3 Exhibit 193)(ggs) |
| Filing 111 ***RESTRICTED to Case Attorneys of Record and Court Users***, EXHIBIT(S) by ETHOSENERGY POWER PLANT SERVICES LLC re #110 Reply to Response to Motion re: #56 MOTION for Sanctions Based on Spoliation of Evidence, Exhibit B-002 (Attachments: #1 Exhibit B-4, #2 Exhibit B-5, #3 Exhibit B-006, #4 Exhibit B-082)(ggs) |
| Filing 110 REPLY to Response filed by ETHOSENERGY POWER PLANT SERVICES LLC re #56 MOTION for Sanctions Based on Spoliation of Evidence (Attachments: #1 Affidavit Thomas Declaration - ISO Reply to Ethos' Motion for Sanctions Based on Spoiliation, #2 Exhibit B-1 VTS Pages, #3 Exhibit B-002 Filed Under Seal, #4 Exhibit B-3 Stephen McArthur Depo Excerpts, #5 Exhibit B-4 Filed Under Seal, #6 Exhibit B-5 Filed Under Seal, #7 Exhibit B-006 Filed Under Seal, #8 Exhibit B-7 Email Dated 8.8.19, #9 Exhibit B-082 Filed Under Seal)(THOMAS, JOSH) |
| Filing 109 REPLY to Response filed by FACTORY MUTUAL INSURANCE COMPANY, OGLETHORPE POWER CORPORATION re #53 MOTION in Limine regarding to Exclude Testimony of Defendant's Non-Retained Experts and Certain Testimony of Dr. Henry Bernstein and Motion to Strike (Attachments: #1 Exhibit L - Second Amended Initial Disclosures, #2 Exhibit M - Stephen McArthur depo excerpts, #3 Exhibit N - Charlie Kaslow depo excerpts, #4 Exhibit O - Henry Bernstein excerpts, #5 Exhibit P - Declaration of Rory Zamansky, #6 Exhibit Q - July 24 email btwn Zamansky and Thomas, #7 Exhibit R - 2-28-20 email from noreply@bakerlaw.com, #8 Exhibit S - Robert Kielb depo excerpts, #9 Exhibit T - 1-29-20 3:36 pm email from Josh Thomas, #10 Exhibit U - 1-29-20 9:44 pm email from Josh Thomas, #11 Exhibit V - Ethos' Resp. to 5th Interrogs)(ZAMANSKY, RORY) |
| Filing 108 REPLY to Response filed by ETHOSENERGY POWER PLANT SERVICES LLC re #63 MOTION to Compel Discovery (Attachments: #1 Exhibit 16 - 2020.01.29 Email String, #2 Exhibit 17 - 2020-01.30 Email String, #3 Exhibit 18 - 2019.12.31 Ltr to Sanacory Re OPC Discovery Responses)(THOMAS, JOSH) |
| Filing 107 REPLY to Response filed by ETHOSENERGY POWER PLANT SERVICES LLC re #60 MOTION for Summary Judgment (Attachments: #1 Affidavit Thomas Declaration - ISO Reply to Ethos' Motion for Summary Judgment, #2 Exhibit B-1 Huawei Shi Depo Excerpts, #3 Exhibit B-119 Wilkinson)(THOMAS, JOSH) |
| Filing 106 REPLY to Response filed by ETHOSENERGY POWER PLANT SERVICES LLC re #58 MOTION to Strike (Attachments: #1 Exhibit 9 - 2019.07.18 Plaintiffs' Expert Disclosures, #2 Exhibit 10 - 2019.08.23 Plaintiffs' Amended Expert Disclosures, #3 Exhibit 11 - 2019.08.16 Ethos's Expert Designations)(THOMAS, JOSH) |
| Filing 105 REPLY to Response filed by ETHOSENERGY POWER PLANT SERVICES LLC re #59 MOTION to Strike (Attachments: #1 Exhibit 3 John R. Hess Depo Excerpts)(THOMAS, JOSH) |
| Filing 104 REPLY to Response filed by ETHOSENERGY POWER PLANT SERVICES LLC re #55 MOTION to Strike (Attachments: #1 Exhibit 3 Stephen McArthur Depo Excerpts, #2 Exhibit 4 Jeff Wilson Depo Excerpts, #3 Exhibit 5 2019.07.18 Plaintiffs' Expert Disclosures, #4 Exhibit 6 Filed Under Seal, #5 Exhibit 7 Filed Under Seal, #6 Exhibit 8 Henry Bernstein, Ph.D Depo Excerpts, #7 Exhibit 9 Huawei Shi Depo Excerpts, #8 Exhibit 166 Filed Under Seal, #9 Exhibit 193 Filed Under Seal)(THOMAS, JOSH) |
| Filing 103 REPLY to Response filed by ETHOSENERGY POWER PLANT SERVICES LLC re #57 MOTION to Strike (Attachments: #1 Exhibit 2 Filed Under Seal, #2 Exhibit 3 Huawei Shi Depo Excerpts, #3 Exhibit 5 Filed Under Seal, #4 Exhibit 6 Henry Bernstein, Ph.D. Depo Excerpts, #5 Exhibit 8 Filed Under Seal, #6 Exhibit 166 Filed Under Seal, #7 Exhibit 193 Filed Under Seal)(THOMAS, JOSH) |
| Filing 102 REPLY TO RESPONSE filed by ETHOSENERGY POWER PLANT SERVICES LLC re #56 MOTION for Sanctions Based on Spoliation of Evidence (Attachments: #1 Affidavit Thomas Declaration - ISO Reply to Ethos' Motion for Sanctions Based on Spoliation, #2 Exhibit B-1 VTS Pages, #3 Exhibit B-002 Filed Under Seal, #4 Exhibit B-3 Stephen McArthur Depo Excerpts, #5 Exhibit B-4 Filed Under Seal, #6 Exhibit B-5 Filed Under Seal, #7 Exhibit B-006 Filed Under Seal, #8 Exhibit B-7 Email Dated 8.8.19, #9 Exhibit B-082 Filed Under Seal)(THOMAS, JOSH) Modified on 3/16/2020 to correct event (ggs). |
| Notice of Deficiency (related document(s): #101 RESPONSE to Court Order filed by OGLETHORPE POWER CORPORATION ); Wrong event used, the correct event is "RESPONSE TO MOTION" - NO NEED TO REFILE - docket entry corrected by case manger. (ggs) |
| Notice of Deficiency (related document(s): #102 Response to Motion, filed by ETHOSENERGY POWER PLANT SERVICES LLC ); Wrong event used, the correct event is "REPLY TO RESPONSE TO MOTION" - No need to refile, docket entry corrected by case manager.(ggs) |
| Filing 101 RESPONSE to Motion (REDACTED) filed by OGLETHORPE POWER CORPORATION re #83 Response to Motion, #95 Restricted Document, Response to Motion, #89 Order on Motion to Seal Document, (HUDSON, KEVIN) Modified on 3/16/2020 to correct event. (ggs). |
| Filing 100 REPLY to Response filed by OGLETHORPE POWER CORPORATION re #52 MOTION to Compel and Brief in Support (Attachments: #1 Exhibit Exh. 1 - Excerpts of Narcus Deposition, #2 Exhibit Exh. 2 - Depo Exhibits 126 and 141, #3 Exhibit Exh. 3 - Excerpts of Wilkinson Deposition, #4 Exhibit Exh. 4 - Excerpts of Angelidis Deposition, #5 Exhibit Exh. 5 - Email Communication)(SANACORY, ANTONY) |
| Filing 99 ***RESTRICTED to Case Attorneys of Record and Court Users***, DECLARATION of Jeff Wilson re #81 RESPONSE re #56 MOTION for Sanctions Based on Spoliation of Evidence, #82 RESPONSE re #63 MOTION to Compel Discovery by OGLETHORPE POWER CORPORATION (Attachments: #1 Exhibit A - Technical Information Letter, #2 Exhibit B - Email chain re: Hartwell Units 1 & 2 Field Service Labor, #3 Exhibit C - Gas Turbine Major Inspection & CDC Changeout Report 3/27/2015, #4 Exhibit D - Purchase Order #74754, #5 Exhibit E - Report re: Failure investigaton of Oglethorpe Power, Harwell site unit 2)(ggs) |
| Filing 98 ***RESTRICTED to Case Attorneys of Record and Court Users***, DECLARATION of Mark Tanner #82 RESPONSE re #63 MOTION to Compel Discovery, #81 RESPONSE re #56 MOTION for Sanctions Based on Spoliation of Evidence, by OGLETHORPE POWER CORPORATION. (ggs) |
| Filing 97 ***RESTRICTED to Case Attorneys of Record and Court Users***, DECLARATION of James A. Messersmith #81 RESPONSE re #56 MOTION for Sanctions Based on Spoliation of Evidence, #82 RESPONSE re #63 MOTION to Compel Discovery by OGLETHORPE POWER CORPORATION (Attachments: #1 Exhibit A - Email chain re Hartwell Unit 1 Forced Outage, #2 Exhibit B - Email chain re Confidential Atty/Client Communicaiton - Oglethorpe Hartwell, #3 Exhibit C - EthosEnergy Power Plant Services Letter, #4 Exhibit D - Copy of Check, #5 Exhibit E - Operator Training Lessons Hartwell Energy Facility Table of Contents, #6 Exhibit F - Service Manual Table of Contents)(ggs) |
| Filing 96 ***RESTRICTED to Case Attorneys of Record and Court Users***, DECLARATION of Antony Sanacory re #81 Response to Motion re #56 MOTION for Sanctions Based on Spoliation of Evidence, #95 Restricted Document, Response to Motion re #60 MOTION for Summary Judgment, by FACTORY MUTUAL INSURANCE COMPANY, OGLETHORPE POWER CORPORATION. (Attachments: #1 Exhibit A - Paul DiCristoforo Deposition Excerpts, #2 Exhibit B - Andrew Narcus Deposition Excerpts, #3 Exhibit C - Email chain re: Testing Questions, #4 Exhibit D - Christopher Angelidis Deposition Excerpts, #5 Exhibit E - Paul DiCristoforo Deposition Excerpts, #6 Exhibit F - Email chain re: Oglethorpe Update: Peryman Stage 13 Blade Mode 1 Frequency Question, #7 Exhibit G - Stephen McArthur Deposition Excerpts, #8 Exhibit H - Email chain re: Oglethorpe Hartwell Unit #1 Metallurgical evaluation, #9 Exhibit I - Class 3 Report, #10 Exhibit J - Expert Report of Gas Turbine Materials Associates, #11 Exhibit K - Email chain re: Draft List of Hypothesis for CT1 Hartwell Failure - 06302016)(ggs) |
| Filing 95 ***RESTRICTED to Case Attorneys of Record and Court Users***, RESPONSE filed by FACTORY MUTUAL INSURANCE COMPANY, OGLETHORPE POWER CORPORATION re #60 MOTION for Summary Judgment (Attachments: #1 Stmt of Material Facts Resp and Plaintiff Oglethorpe's Statement of Additional Material Facts, #2 Exhibit A - Michael McCollum Deposition Excerpts, #3 Exhibit B - Charles M. Kaslow Deposition Excerpts)(ggs) |
| Filing 94 ***RESTRICTED to Case Attorneys of Record and Court Users***, EXHIBIT(S) by OGLETHORPE POWER CORPORATION re #81 RESPONSE to #56 MOTION for Sanctions Based on Spoliation of Evidence. Exhibit 1 - Pages From James A. Messersmith (Attachments: #1 Exhibit 5 - Expert Report of GTMA, #2 Exhibit 7 - Hess February 4 Supplemental Report, #3 Exhibit 8 - 1/28/2020 Hess Supplement, #4 Exhibit 10 - Supplementary Rpt REK HLB)(ggs) |
| Filing 93 ***RESTRICTED to Case Attorneys of Record and Court Users***, EXHIBIT(S) by OGLETHORPE POWER CORPORATION re #82 RESPONSE to #63 MOTION to Compel Discovery - Exhibit A. (ggs) |
| Filing 92 ***RESTRICTED to Case Attorneys of Record and Court Users***, EXHIBIT(S) by ETHOSENERGY POWER PLANT SERVICES LLC re #78 RESPONSE to #53 MOTION in Limine regarding to Exclude Testimony of Defendant's Non-Retained Experts and Certain Testimony of Dr. Henry Bernstein and Motion to Strike. Exhibit 8 - Tanner Deposition. (Attachments: #1 Exhibit 17 - Dicristoforo, #2 Exhibit 166 - Tanner, #3 Exhibit 184 - Kielb, #4 Exhibit 188 - Kielb, #5 Exhibit 193 - Bernstein, #6 Exhibit 194 - Bernstein, #7 Exhibit 195 - Bernstein)(ggs) |
| Filing 91 ***RESTRICTED to Case Attorneys of Record and Court Users***, EXHIBIT(S) by FACTORY MUTUAL INSURANCE COMPANY, OGLETHORPE POWER CORPORATION re #87 RESPONSE to #55 MOTION to Strike. Exhibit 1 Jeff Wilson Declaration. (Attachments: #1 Exhibit 2 - July 2015 Contract, #2 Exhibit 2 - June 2015 Contract, #3 Exhibit 3 - James A. Messersmith Declaration, #4 Exhibit 6 - Statement of Costs, #5 Exhibit 8 - May June 2017 email chain, #6 Exhibit 11 - Lucideon Preliminary Report, #7 Exhibit 13 - Lucideon Final Report, #8 Exhibit 14 - Ethos' August 30, 2017 Report, #9 Exhibit 19 - SAnacory Declaration, #10 Exhibit 21 - GTMA August 16, 2019 Report, #11 Exhibit 23 - Excerpts of Depo of Mark Tanner)(ggs) |
| Filing 90 ***RESTRICTED to Case Attorneys of Record and Court Users***, EXHIBIT(S) by FACTORY MUTUAL INSURANCE COMPANY, OGLETHORPE POWER CORPORATION re #86 RESPONSE to #57 MOTION to Strike. Exhibit C - Tanner Deposition Excerpts. (Attachments: #1 Exhibit E - Exhibit 59 Charlie Kaslow 10/15/19, #2 Exhibit F - P 5 Excerpt from GTMA Report, #3 Exhibit G - Exhibit 124 EthosEnergy Power Plant Services LLC, #4 Exhibit H - Declaration of Jeff Wilson)(ggs) |
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Filing 89
ORDER granting #80 Motion to Seal Document ; granting #84 Motion to Seal Document ; granting #88 Motion to Seal Document. Ordered by US DISTRICT JUDGE CLAY D LAND on 3/4/2020. (ggs)
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| Notice of Deficiency (related document(s): #79 Affidavit, filed by OGLETHORPE POWER CORPORATION ); There is no substance to any of these "affidavits" or their attachments they simply say, "FILED UNDER SEAL." Oglethorpe Power Corporation did not follow the proper procedures for filing documents under seal. Documents may only be filed under seal if the party has received leave of the Court to file documents under seal. If Oglethorpe Power Corporation wishes to file affidavits and exhibits under seal, it should file a motion for leave to do so; if counsel has questions about the proper procedures, counsel should contact the clerk's office. Please do not file documents of this type in the future.(ggs) |
| Notice of Deficiency (related document(s): #83 Response to Motion filed by OGLETHORPE POWER CORPORATION ); There is no substance to this "Response" or the "Statement of Material Facts" they simply say, "FILED UNDER SEAL." Oglethorpe Power Corporation did not follow the proper procedures for filing pleadings under seal. Pleadings may only be filed under seal if the party has received leave of the Court to file pleadings under seal. If Oglethorpe Power Corporation wishes to file pleadings under seal, it should file a motion for leave to do so; if counsel has questions about the proper procedures, counsel should contact the clerk's office. Please do not file pleadings and/or documents that simply state that they are filed under seal in the future. (ggs) |
| Filing 88 MOTION to Seal Document(s) by FACTORY MUTUAL INSURANCE COMPANY, OGLETHORPE POWER CORPORATION filed by James V. Chin. (Attachments: #1 Proposed Order)(Chin, James) |
| Filing 87 RESPONSE filed by FACTORY MUTUAL INSURANCE COMPANY, OGLETHORPE POWER CORPORATION re #55 MOTION to Strike (Attachments: #1 Exhibit 1 - Filed Under Seal, #2 Exhibit 2 - Filed Under Seal, #3 Exhibit 3 - Filed Under Seal, #4 Exhibit 4 - Depo Excerpts of Leon Diehl, #5 Exhibit 5 - Depo Excerpts of Jeff Wilson, #6 Exhibit 6 - Filed Under Seal, #7 Exhibit 7 - Depo Excerpts of Joshua Martinez, #8 Exhibit 8 - Filed Under Seal, #9 Exhibit 9 - Depo excerpts of James Messersmith, #10 Exhibit 10 - Depo excerpts of Charles Kaslow, #11 Exhibit 11 - Filed Under Seal, #12 Exhibit 12 - Depo excerpts of Stephen McArthur, #13 Exhibit 13 - Filed Under Seal, #14 Exhibit 14 - Filed Under Seal, #15 Exhibit 15 - Depo excerpts of Paul DiCristoforo, #16 Exhibit 16 - TTI Report, #17 Exhibit 17 - Depo excerpts of Huawei Shi, #18 Exhibit 18 - Corr. between counsel, #19 Exhibit 19 - Filed Under Seal, #20 Exhibit 20 - Depo excerpts of Henry Bernstein, #21 Exhibit 21 - Filed Under Seal, #22 Exhibit 22 - Depo excerpt of Christopher Angelidis, #23 Exhibit 23 - Filed Under Seal, #24 Exhibit 24 - Corr. from Paul DiCristoforo, #25 Exhibit 25 - Hess Report)(Chin, James) |
| Filing 86 RESPONSE filed by FACTORY MUTUAL INSURANCE COMPANY, OGLETHORPE POWER CORPORATION re #57 MOTION to Strike (Attachments: #1 Exhibit A - Ex. 119 to Wilkinson Depo, #2 Exhibit B - M&M Engineering July 17, 2019 Report, #3 Exhibit C - Filed Under Seal, #4 Exhibit D - Exhibit 164 to Tanner Deposition, #5 Exhibit E - Filed Under Seal, #6 Exhibit F - Filed Under Seal, #7 Exhibit G - Filed Under Seal, #8 Exhibit H - Filed Under Seal)(Chin, James) |
| Filing 85 RESPONSE filed by FACTORY MUTUAL INSURANCE COMPANY, OGLETHORPE POWER CORPORATION re #58 MOTION to Strike (Attachments: #1 Exhibit A - Ex. 119 to Depo of Diehl, #2 Exhibit B - FM's Initial Disclosures, #3 Exhibit C - Oglethorpe's Initial Disclosures, #4 Exhibit D - Plaintiffs' Expert Disclosures, #5 Exhibit E - Plaintiffs' Amended Expert Disclosures, #6 Exhibit F - Plaintiff's Second Amended Expert Disclosures, #7 Exhibit G - Ex. 112 to Diehl deposition, #8 Exhibit H - Depo Excerpts Nov. 20, 2019, #9 Exhibit I - May 16, 2017 letter from Carlton Fields to Diehl, #10 Exhibit J - Ethos' First Amended Expert Disclosures, #11 Exhibit K - Ex. 107 to depo of Diehl)(Chin, James) |
| Filing 84 MOTION to Seal Document(s) #79 Affidavit,, #81 Response to Motion,, #82 Response to Motion, #76 Affidavit, #77 Affidavit, #83 Response to Motion by OGLETHORPE POWER CORPORATION filed by KEVIN HARRISON HUDSON. (Attachments: #1 Proposed Order Proposed Order To File Under Seal)(HUDSON, KEVIN) |
| Filing 83 ***DISREGARD - IMPROPERLY FILED*** RESPONSE filed by OGLETHORPE POWER CORPORATION re #60 MOTION for Summary Judgment (Attachments: #1 Stmt of Material Facts Resp Plaintiff's Response to Statement of Facts - Filed Under Seal)(HUDSON, KEVIN) Modified on 3/3/2020 (ggs). |
| Filing 82 RESPONSE filed by OGLETHORPE POWER CORPORATION re #63 MOTION to Compel Discovery (Attachments: #1 Exhibit Exhibit A - Filed Under Seal, #2 Exhibit Exh. B - Excerpts from Morgan Deposition, #3 Exhibit Exh. C - Deposition Exh. 112, #4 Exhibit Exh. D - Letter, #5 Exhibit Exh. E - FM's Initial Disclosures, #6 Exhibit Exh. f - Oglethorpe's Initial Disclosures, #7 Exhibit Exh. G - Email Communication)(HUDSON, KEVIN) |
| Filing 81 RESPONSE filed by OGLETHORPE POWER CORPORATION re #56 MOTION for Sanctions Based on Spoliation of Evidence (Attachments: #1 Exhibit Exh. 1 - Filed Under Seal, #2 Exhibit Exh. 2 - Depo Exhibit 118, #3 Exhibit Exh. 3 - Excerpts from Bernstein Deposition, #4 Exhibit Exh. 4 - Excerpts from Tanner Deposition, #5 Exhibit Exh. 5 - Filed Under Seal, #6 Exhibit Exh. 6 - Excerpts of Hess Deposition, #7 Exhibit Exh. 7 - Filed Under Seal, #8 Exhibit Exh. 8 Filed Under Seal, #9 Exhibit Exh. 9 - Excerpts from McCollum Deposition, #10 Exhibit Exh. 10 - Filed Under Seal)(HUDSON, KEVIN) Modified on 3/4/2020 (ggs). |
| Filing 80 MOTION to Seal Document(s) #78 Response to Motion,,,,,, by ETHOSENERGY POWER PLANT SERVICES LLC filed by JOSH THOMAS. (Attachments: #1 Proposed Order Granting EthosEnergy's Motion to File Exhibits to its Response to Plaintiffs' Daubert Motion to Exclude the Testimony of Defendant's Non-Retained Experts and Certain Testimony of Henry Bernstein and Motion to Strike Under Seal)(THOMAS, JOSH) |
| Filing 79 ***DISREGARD - IMPROPERLY FILED*** AFFIDAVIT re #60 MOTION for Summary Judgment of Antony L. Sanacory by OGLETHORPE POWER CORPORATION (Attachments: #1 Exhibit Exhibit A - Filed Under Seal, #2 Exhibit Exhibit B - Filed Under Seal, #3 Exhibit Exhibit C - Filed Under Seal, #4 Exhibit Exhibit D - Filed Under Seal, #5 Exhibit Exhibit E - Filed Under Seal, #6 Exhibit Exhibit F - Filed Under Seal, #7 Exhibit Exhibit G - Filed Under Seal, #8 Exhibit Exhibit H - Filed Under Seal, #9 Exhibit Exhibit I - Filed Under Seal, #10 Exhibit Exhibit J - Filed Under Seal, #11 Exhibit Exhibit K - Filed Under Seal)(HUDSON, KEVIN) Modified on 3/3/2020 (ggs). |
| Filing 78 RESPONSE filed by ETHOSENERGY POWER PLANT SERVICES LLC re #53 MOTION in Limine regarding to Exclude Testimony of Defendant's Non-Retained Experts and Certain Testimony of Dr. Henry Bernstein and Motion to Strike (Attachments: #1 Affidavit Declaration of Joshua C. Thomas In Support of EthosEnergy's Response to Plaintiffs' Daubert Motion to Exclude the Testimony of Defendant's Non-Retained Experts and Certain Testimony of Henry Bernstein and Motion to Strike, #2 Exhibit 1 - McArthur Depo, #3 Exhibit 2 - Kaslow Depo, #4 Exhibit 3 - DiCristoforo Depo, #5 Exhibit 4 - Angelidis Depo, #6 Exhibit 5 - Wilson Depo, #7 Exhibit 6 - Messersmith Depo, #8 Exhibit 7 - McArthur, #9 Exhibit 8 - Filed Under Seal, #10 Exhibit 9 - Annigeri Depo, #11 Exhibit 10 - Hess Depo, #12 Exhibit 11 - Email string 10.25.19, #13 Exhibit 12 - 2019.07.18 - Plaintiffs' Expert Disclosures, #14 Exhibit 13 - Email String 12.24.19, #15 Exhibit 14 - Plaintiffs' Second Amended Expert Disclosure, #16 Exhibit 15 - Bernstein Depo, #17 Exhibit 16 - Email string 7.30.19, #18 Exhibit 17 - Filed Under Seal, #19 Exhibit 18 - Discristoforo, #20 Exhibit 19 - Kielb Depo, #21 Exhibit 166 - Filed Under Seal, #22 Exhibit 184 - Filed Under Seal, #23 Exhibit 188 - Filed Under Seal, #24 Exhibit 193 - Filed Under Seal, #25 Exhibit 194 - Filed Under Seal, #26 Exhibit 195 - Filed Under Seal, #27 Proposed Order Denying Plaintiff's Daubert Motion to Exclude the Testimony of Defendant's Non-Retained Experts and Certain Testimony of Henry Bernstein and Motion to Strike)(THOMAS, JOSH) |
| Filing 77 ***DISREGARD - IMPROPERLY FILED*** AFFIDAVIT re #56 MOTION for Sanctions, #60 MOTION for Summary Judgment, #63 MOTION to Compel Discovery of Jeff Wilson (Filed Under Seal) by OGLETHORPE POWER CORPORATION (Attachments: #1 Exhibit Exhibit A - Filed Under Seal, #2 Exhibit Exhibit B - Filed Under Seal, #3 Exhibit Exhibit C - Filed Under Seal, #4 Exhibit Exhibit D - Filed Under Seal, #5 Exhibit Exhibit E - Filed Under Seal)(HUDSON, KEVIN) Modified on 3/3/2020 (ggs). |
| Filing 76 ***DISREGARD - IMPROPERLY FILED*** AFFIDAVIT re #56 MOTION for Sanctions of Mark Tanner (Filed Under Seal) by OGLETHORPE POWER CORPORATION (HUDSON, KEVIN) Modified on 3/3/2020 (ggs). |
| Filing 75 ***DISREGARD - IMPROPERLY FILED*** AFFIDAVIT re #56 MOTION for Sanctions, #60 MOTION for Summary Judgment, #63 MOTION to Compel Discovery of James A. Messersmith (Filed Under Seal) by OGLETHORPE POWER CORPORATION (Attachments: #1 Exhibit Exhibit A - Filed Under Seal, #2 Exhibit Exhibit B - Filed Under Seal, #3 Exhibit Exhibit C - Filed Under Seal, #4 Exhibit Exhibit D - Filed Under Seal, #5 Exhibit Exhibit E - Filed Under Seal, #6 Exhibit Exhibit F - Filed Under Seal)(HUDSON, KEVIN) Modified on 3/3/2020 (ggs). |
| Filing 74 RESPONSE filed by OGLETHORPE POWER CORPORATION re #59 MOTION to Strike (Attachments: #1 Exhibit Deposition Exhibit 158, #2 Exhibit Deposition Exhibit 119, #3 Exhibit Hess Rebuttal Report 2019.09.13, #4 Exhibit Excerpts from Hess Depoistion, #5 Exhibit Excerpts from Bernstein Depo, #6 Exhibit Bernstein CV, #7 Exhibit Expert Rpt of GTMA, #8 Exhibit Supplemental GTMA report, #9 Exhibit Supp Rept - HLB, #10 Exhibit Excerpts from DiCristoforo Depo, #11 Exhibit Excerpts from Angelidis Deposition, #12 Exhibit 2020.01.28 Hess Supplement Rpt, #13 Exhibit 2019.07.18 Hess Report, #14 Exhibit Contracts)(HUDSON, KEVIN) |
| Notice of Deficiency (related document(s): #75 Affidavit, filed by OGLETHORPE POWER CORPORATION, #77 Affidavit, filed by OGLETHORPE POWER CORPORATION, #76 Affidavit filed by OGLETHORPE POWER CORPORATION ); There is no substance to any of these "affidavits" or their attachments they simply say, "FILED UNDER SEAL." Oglethorpe Power Corporation did not follow the proper procedures for filing documents under seal. Documents may only be filed under seal if the party has received leave of the Court to file documents under seal. If Oglethorpe Power Corporation wishes to file affidavits and exhibits under seal, it should file a motion for leave to do so; if counsel has questions about the proper procedures, counsel should contact the clerk's office. (ggs) |
| Filing 73 RESPONSE filed by ETHOSENERGY POWER PLANT SERVICES LLC re #52 MOTION to Compel and Brief in Support (Attachments: #1 Exhibit 1 - Angelidis Depo Excerpts, #2 Exhibit 2 - DiCristoforo Depo Excerpts, #3 Proposed Order Denying Plaintiff's Motion to Compel)(THOMAS, JOSH) |
| Filing 72 SEALED DOCUMENT Exhibits A-2 and A-10 re #61 MEMORANDUM OF LAW re 60 MOTION for Summary Judgment by ETHOSENERGY POWER PLANT SERVICES LLC. (Attachments: #1 Exhibit A-10)(ggs) |
| Filing 71 SEALED DOCUMENT Exhibits A-4, A-6, A-40, A-49, A-53, A-71, A-72, A-73, A-80, A-81, A-82, A-83, A-92, A-99, A-100, A-165 and A-166 re #56 MOTION for Sanctions by ETHOSENERGY POWER PLANT SERVICES LLC (Attachments: #1 Exhibit A-6, #2 Exhibit A-40, #3 Exhibit A-49, #4 Exhibit A-53, #5 Exhibit A-71, #6 Exhibit A-72, #7 Exhibit A-73, #8 Exhibit A-80, #9 Exhibit A-81, #10 Exhibit A-82, #11 Exhibit A-83, #12 Exhibit A-92, #13 Exhibit A-99, #14 Exhibit A-100, #15 Exhibit A-165, #16 Exhibit A-166)(ggs) |
| Filing 70 SEALED DOCUMENT Exhibits 46 and 48 re #59 MOTION to Exclude Expert Testimony of John R. Hess by ETHOSENERGY POWER PLANT SERVICES LLC. (Attachments: #1 Exhibit 48)(ggs) |
| Filing 69 SEALED DOCUMENT Exhibit 166 re #58 MOTION to Exclude Expert Testimony of Leon Diehl by ETHOSENERGY POWER PLANT SERVICES LLC. (ggs) |
| Filing 68 SEALED DOCUMENT Exhibits 49, 157, 168 and 183 re #55 MOTION to Exclude Expert Testimony of Huawei Shi by ETHOSENERGY POWER PLANT SERVICES LLC. (Attachments: #1 Exhibit 157, #2 Exhibit 168, #3 Exhibit 183)(ggs) |
| Filing 67 SEALED DOCUMENT Exhibit 1 re #57 MOTION to Exclude Expert Testimony of Mark Tanner by ETHOSENERGY POWER PLANT SERVICES LLC. (ggs) |
| REMARK: Flash Drive containing sealed exhibits located in the Athens Clerk's Office. (ggs) |
| Filing 66 NOTICE OF SETTING HEARING ON MOTIONs re #59 MOTION to Strike, #56 MOTION for Sanctions, #58 MOTION to Strike, #63 MOTION to Compel Discovery, #57 MOTION to Strike, #60 MOTION for Summary Judgment, #52 MOTION to Compel and Brief in Support, #55 MOTION to Strike, #53 MOTION in Limine regarding to Exclude Testimony of Defendant's Non-Retained Experts and Certain Testimony of Dr. Henry Bernstein and Motion to Strike : Motion Hearing set for 4/28/2020 02:00 PM in Columbus before US DISTRICT JUDGE CLAY D LAND. Although this is an ATHENS case this hearing will be held in COLUMBUS, GA. (glg) |
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Filing 65
ORDER granting #62 Motion to Seal Document Ordered by US DISTRICT JUDGE CLAY D LAND on 02/11/2020 (CCL)
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| Notice of Deficiency (related document(s): #61 Motion for Summary Judgment, filed by ETHOSENERGY POWER PLANT SERVICES LLC ). The document is a Memorandum of Law in Support of a Motion for Summary Judgment filed at Tab 60. A memorandum in support is not to be filed as a separate docket entry, but instead is to be pulled in as an attachment to the motion. NO NEED TO REFILE, corrections to docket entry made by case manager by terminating document 61 as a motion and linking the document to the applicable motion for summary judgment filed at Tab 60.(ggs) |
| Filing 64 MOTION for Hearing by ETHOSENERGY POWER PLANT SERVICES LLC filed by JOSH THOMAS.(THOMAS, JOSH) |
| Filing 63 MOTION to Compel Discovery by ETHOSENERGY POWER PLANT SERVICES LLC filed by JOSH THOMAS. (Attachments: #1 Exhibit 1 - OPC's Responses to Ethos First RFP, #2 Exhibit 2 - OPC's Responses to Ethos 2nd RFP, #3 Exhibit 3 - OPC's Responses to Ethos 2nd ROGS, #4 Exhibit 4 - McCollum Depo, #5 Exhibit 5 - Hess Rebuttal Report, #6 Exhibit 6 - Email 1.20.20, #7 Exhibit 7 - Envista Redaction Log, #8 Exhibit 8 - Plaintiffs' 2nd Amended Expert Disclosures, #9 Exhibit 9 - Diehl Depo, #10 Exhibit 10 - OPC's Responses to Ethos' 3rd ROGS, #11 Exhibit 11 - Tucker Depo, #12 Exhibit 12 - OPC Privilege Log 2, #13 Exhibit 13 - Email 12.10.19, #14 Exhibit 14 - OPC's Responses to Ethos 1st RFAs, #15 Exhibit 15 - OPC Redaction Log, #16 Proposed Order Granting Defendant's Motion to Compel)(THOMAS, JOSH) |
| Filing 62 MOTION to Seal Document(s) by ETHOSENERGY POWER PLANT SERVICES LLC filed by JOSH THOMAS. (Attachments: #1 Proposed Order Granting Defendant's Motion to File Exhibits to its Various Motions Under Seal)(THOMAS, JOSH) |
| Filing 61 MEMORANDUM OF LAW re #60 MOTION for Summary Judgment by ETHOSENERGY POWER PLANT SERVICES LLC filed by JOSH THOMAS. (Attachments: #1 Exhibit A - Declaration of Josh Thomas, #2 Exhibit A-1 - Hess Depo Excerpts, #3 Exhibit A-2 - Filed Under Seal, #4 Exhibit A-3 - Shi Depo Excerpts, #5 Exhibit A-4 - OPC's Resps to Ethos' 3rd ROGS 1.30.20, #6 Exhibit A-5 - OPC's Initial Disclosures, #7 Exhibit A-6 - FM's Initial Disclosures, #8 Exhibit A-7 - Wilson Depo Excerpts, #9 Exhibit A-8 - Diehl Depo Excerpts, #10 Exhibit A-9 - Martinez (FM Corp Rep) Depo Excerpts, #11 Exhibit A-10 - Filed Under Seal, #12 Envelope A-108 - Depo Exh. 108 - Pltfs' Amd Expert Disclosures)(THOMAS, JOSH) Modified on 2/11/2020 to edit docket text and link to applicable motion. (ggs). |
| Filing 60 MOTION for Summary Judgment by ETHOSENERGY POWER PLANT SERVICES LLC filed by JOSH THOMAS. (Attachments: #1 Statement of Material Facts In Support of Ethos' Motion for Summary Judgment, #2 Exhibit A - Declaration of Mr. Kaslow, #3 Exhibit A-1 - July 2015 Contract, #4 Exhibit A-2 - June 2015 Contract, #5 Proposed Order Order Granting Defendant's Motion for Summary Judgment)(THOMAS, JOSH) |
| Filing 59 MOTION to Exclude Expert Testimony of John R. Hess by ETHOSENERGY POWER PLANT SERVICES LLC filed by JOSH THOMAS. (Attachments: #1 Exhibit 1 - Hess 7.18.2019 Report, #2 Exhibit 2 - Hess Depo Excerpts, #3 Exhibit 46 - Filed Under Seal, #4 Exhibit 48 - Filed Under Seal, #5 Proposed Order Granting Defendant's Motion to Exclude Expert Testimony of John R. Hess)(THOMAS, JOSH) Modified on 2/11/2020 to edit docket text. (ggs). |
| Filing 58 MOTION to Exclude Expert Testimony of Leon Diehl by ETHOSENERGY POWER PLANT SERVICES LLC filed by JOSH THOMAS. (Attachments: #1 Exhibit 1 - Plaintiffs' 2nd Amd Expert Disclosures, #2 Exhibit 2 - OPC's Resps to Ethos' 3rd ROGS (ROG 17), #3 Exhibit 3 - Diehl Depo Excerpts, #4 Exhibit 4 - Email String 1.3.20 to 1.17.20, #5 Exhibit 5 - 2019.09.10 OPC Privilege Log 2, #6 Exhibit 6 - Email String 12.20.19-12.24.19, #7 Exhibit 7 - Email String 10.25.19, #8 Exhibit 8 - DiCristoforo Depo Excerpts, #9 Exhibit 107 - Diehl Profile, #10 Exhibit 166 - Filed Under Seal, #11 Proposed Order Granting Defendant's Motion to Exclude Expert Testimony of Leon Diehl)(THOMAS, JOSH) Modified on 2/11/2020 to edit docket text. (ggs). |
| Filing 57 MOTION to Exclude Expert Testimony of Mark Tanner by ETHOSENERGY POWER PLANT SERVICES LLC filed by JOSH THOMAS. (Attachments: #1 Exhibit 1 - Filed Under Seal, #2 Exhibit 161 - M&M Expert Report, #3 Proposed Order Granting Defendant's Motion to Exclude Expert Testimony of Mark Tanner)(THOMAS, JOSH) Modified on 2/11/2020 to edit docket text. (ggs). |
| Filing 56 MOTION for Sanctions Based on Spoliation of Evidence by ETHOSENERGY POWER PLANT SERVICES LLC filed by JOSH THOMAS. (Attachments: #1 Affidavit Exhibit A-Declaration of Joshua Thomas, #2 Exhibit A-1 - McCollum Depo Excerpts Pgs 193-206, #3 Exhibit A-2 - Messersmith Depo Excerpts Pgs 213-242, #4 Exhibit A-3 - 2019.11.15 OPC's Resps to Ethos 1st RFAs, #5 Exhibit A-4 - Filed Under Seal, #6 Exhibit A-5 - Wilson Depo Excerpts Pgs 225-227, #7 Exhibit A-6 - Filed Under Seal, #8 Exhibit A-7 - McArthur, #9 Exhibit A-37 - McCollum, #10 Exhibit A-40 - Filed Under Seal, #11 Exhibit A-49 - Filed Under Seal, #12 Exhibit A-53 - Filed Under Seal, #13 Exhibit A-58 - Kaslow, #14 Exhibit A-71 - Filed Under Seal, #15 Exhibit A-72 - Filed Under Seal, #16 Exhibit A-73 - Filed Under Seal, #17 Exhibit A-80 - Filed Under Seal, #18 Exhibit A-81 - Filed Under Seal, #19 Exhibit A-82 - Filed Under Seal, #20 Exhibit A-83 - Filed Under Seal, #21 Exhibit A-92 - Filed Under Seal, #22 Exhibit A-99 - Filed Under Seal, #23 Exhibit A-100 Filed Under Seal, #24 Exhibit A-161 - M&M Expert Report, #25 Exhibit A-165 - Filed Under Seal, #26 Exhibit A-166 - Filed Under Seal, #27 Proposed Order Proposed Order Granting Defendant's Motion for Sanctions Based on Spoliation of Evidence)(THOMAS, JOSH) Modified on 3/4/2020 (ggs). |
| Filing 55 MOTION to Exclude Expert Testimony of Huawei Shi by ETHOSENERGY POWER PLANT SERVICES LLC filed by JOSH THOMAS. (Attachments: #1 Exhibit 1-Shi Depo Excerpts, #2 Exhibit 2-Tanner Depo Excerpts, #3 Exhibit 19-TTI Expert Report, #4 Exhibit 49-Filed Under Seal, #5 Exhibit 157-Filed Under Seal, #6 Exhibit 161-M&M Expert Report, #7 Exhibit 168-Filed Under Seal, #8 Exhibit 183-Filed Under Seal, #9 Proposed Order Granting Defendant's Motion to Exclude Expert Testimony of Huawei Shi)(THOMAS, JOSH) Modified on 2/11/2020 to edit docket text. (ggs). |
| Filing 54 MOTION for Hearing re #53 MOTION in Limine regarding to Exclude Testimony of Defendant's Non-Retained Experts and Certain Testimony of Dr. Henry Bernstein and Motion to Strike by FACTORY MUTUAL INSURANCE COMPANY, OGLETHORPE POWER CORPORATION filed by James V. Chin.(Chin, James) |
| Filing 53 MOTION in Limine regarding to Exclude Testimony of Defendant's Non-Retained Experts and Certain Testimony of Dr. Henry Bernstein and Motion to Strike by FACTORY MUTUAL INSURANCE COMPANY, OGLETHORPE POWER CORPORATION filed by James V. Chin. (Attachments: #1 Exhibit A - Ethos's Second Amended Disclosures, #2 Exhibit B - Angelidis Depo Excerpts, #3 Exhibit C - Kaslow Depo Excerpts, #4 Exhibit D - DiCristoforo Depo Excerpts, #5 Exhibit E - Annigeri Depo Excerpts, #6 Exhibit F - McArthur Depo Excerpts, #7 Exhibit G - Ethos Expert Disclosures, #8 Exhibit H - Ethos Amended Expert Disclosures, #9 Exhibit I - Bernstein Depo Excerpts, #10 Exhibit J - Kielb Depo Excerpts, #11 Exhibit K - Proposed Order, #12 Memorandum in Support)(Chin, James) |
| Filing 52 MOTION to Compel and Brief in Support by OGLETHORPE POWER CORPORATION filed by ANTONY L SANACORY. (Attachments: #1 Exhibit Email Documentation, #2 Exhibit Def's Discovery Responses, #3 Exhibit Def's Discovery Responses, #4 Exhibit Def's Expert Disclosures)(SANACORY, ANTONY) Modified on 1/31/2020 to remove incorrect filing party and to edit docket text. (ggs). |
| Notice of Deficiency (related document(s): #51 Motion for Discovery filed by OGLETHORPE POWER CORPORATION ); Generic descriptions of exhibits (i.e. Exhibit A) are not permitted. Document must be re-filed to include a description of exhibit(s). ADDITIONALLY, document must be re-filed using correct event "MOTION TO COMPEL".(ggs) |
| Notice of Deficiency (related document(s): #52 Motion to Compel, filed by FACTORY MUTUAL INSURANCE COMPANY, OGLETHORPE POWER CORPORATION ); An incorrect filing party was selected during the electronic filing process. FACTORY MUTUAL INSURANCE COMPANY, is not a filing party for this document. NO NEED TO REFILE - Docket entry corrected by case manager to remove FACTORY MUTUAL INSURANCE COMPANY as a filer. (ggs) |
| Filing 51 ***TERMINATED Pursuant to Deficiency Notice. Motion must be refiled*** MOTION for Discovery by OGLETHORPE POWER CORPORATION filed by ANTONY L SANACORY. (Attachments: #1 Exhibit Ex. A, #2 Exhibit Ex. B, #3 Exhibit Ex. C, #4 Exhibit Ex. D)(SANACORY, ANTONY) Modified on 1/31/2020 (ggs). |
| Filing 50 NOTICE of Change of Address by James V. Chin (Chin, James) |
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Filing 49
ORDER granting #48 Motion to Amend the Scheduling Order. Discovery shall expire on 1/30/2020. Dispositive and/or Daubert motions are due by 2/10/2020. Ordered by US DISTRICT JUDGE CLAY D LAND on 11/7/2019. (ggs)
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| Filing 48 JOINT MOTION to Amend/Correct #35 Scheduling/Discovery Order by ETHOSENERGY POWER PLANT SERVICES LLC filed by NIKKI MORRIS. (Attachments: #1 Exhibit Proposed Order)(MORRIS, NIKKI) |
| Filing 47 NOTICE of Non-Party Fault by ETHOSENERGY POWER PLANT SERVICES LLC (MORRIS, NIKKI) |
| Notice of Deficiency (related document(s): #46 Notice (Other) filed by ETHOSENERGY POWER PLANT SERVICES LLC ); The PACER login ID and password used to electronically file a document constitutes the Participants electronic signature for all purposes under the Federal Rules. All electronically filed documents must include a signature block and must set forth the filers name, address, telephone number and e-mail address. The name on the document and the name associated with the participants login ID must be the same. Document must be re-filed using the user credentials of the name of the attorney in the signature block. (ggs) |
| Filing 46 ***DISREGARD - REFILED AT TAB 47*** NOTICE of Non-Party Fault by ETHOSENERGY POWER PLANT SERVICES LLC (MORRIS, NIKKI) Modified on 10/31/2019 (ggs). |
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Filing 45
Order granting Petition for Admission Pro Hac Vice (Petition Attached); Attorney Admission Fee Met by WILLIAM RAY WHITMAN (nop)
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| Filing 44 NOTICE of Attorney Appearance by WILLIAM RAY WHITMAN on behalf of ETHOSENERGY POWER PLANT SERVICES LLC (WHITMAN, WILLIAM) |
| Filing 43 PETITION TO THE CLERK FOR ADMISSION TO PLEAD AND PRACTICE PRO HAC VICE by ETHOSENERGY POWER PLANT SERVICES LLC Attorney Admission Fee (Pro Hac Vice) paid by Receipt # AGAMDC-3272642, $100 (Attachments: #1 Certificate of Good Standing)(WHITMAN, WILLIAM) |
| Filing 42 NOTICE Rule 26.3 Notice of Service of Discovery by OGLETHORPE POWER CORPORATION (SANACORY, ANTONY) |
| Notice of Deficiency (related document(s): #42 Notice (Other) filed by OGLETHORPE POWER CORPORATION ); The MDGA does not have a Local Rule 26.3 pertaining to notices of service of discovery. Pursuant to Local Rule 5.1 Discovery is not filed in the Middle District of Georgia. Notices of service and/or certificates of service pertaining to discovery are not to be filed. The MDGA Local Rules are available on the Court's website. www.gamd.uscourts.gov. (ggs) |
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Filing 41
Order granting Petition for Admission Pro Hac Vice (Petition Attached); Attorney Admission Fee Met by JOSHUA C THOMAS (nop)
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| Filing 40 PETITION TO THE CLERK FOR ADMISSION TO PLEAD AND PRACTICE PRO HAC VICE by ETHOSENERGY POWER PLANT SERVICES LLC Attorney Admission Fee (Pro Hac Vice) paid by Receipt # AGAMDC-3201625, $100 (Attachments: #1 Exhibit Certificate of Good Standing)(THOMAS, JOSH) |
| Filing 39 PROTECTIVE ORDER Ordered by US DISTRICT JUDGE CLAY D LAND on 7/1/2019. (ggs) |
| Filing 38 JOINT MOTION for Protective Order by FACTORY MUTUAL INSURANCE COMPANY, OGLETHORPE POWER CORPORATION filed by RORY ZAMANSKY.(ZAMANSKY, RORY) |
| Filing 37 *** DISREGARD PER NOTICE OF DEFICIENCY*** STIPULATION - Stipulated Protective Order by FACTORY MUTUAL INSURANCE COMPANY, OGLETHORPE POWER CORPORATION (Chin, James) Modified on 6/28/2019 (ggs). |
| Notice of Deficiency (related document(s): #37 Stipulation filed by FACTORY MUTUAL INSURANCE COMPANY, OGLETHORPE POWER CORPORATION ): Proposed orders are not to be filed as a "Stipulation". Proposed orders must be attached to a motion. A motion must be filed with the proposed order attached. (ggs) |
| Filing 36 NOTICE of Attorney Appearance by AMY SALLEY on behalf of OGLETHORPE POWER CORPORATION Attorney AMY SALLEY added to party OGLETHORPE POWER CORPORATION(pty:pla), Attorney AMY SALLEY added to party OGLETHORPE POWER CORPORATION(pty:cd) (SALLEY, AMY) |
| Filing 35 AMENDED SCHEDULING/DISCOVERY ORDER: Discovery to be complete by 11/15/2019. Dispositive motions due by 12/20/2019. Ordered by US DISTRICT JUDGE CLAY D LAND on 4/18/2019. (ggs) |
| Filing 34 JOINT MOTION to Amend/Correct #22 Scheduling/Discovery Order by FACTORY MUTUAL INSURANCE COMPANY, OGLETHORPE POWER CORPORATION filed by RORY ZAMANSKY. (Attachments: #1 Proposed Order)(ZAMANSKY, RORY) |
| Notice of Deficiency (related document(s): #33 Notice of Attorney Appearance, filed by OGLETHORPE POWER CORPORATION ); Each individual attorney must file his/her own notice of appearance. Only the attorney whose user ID and password was used to electronically file the notice are added to the case. NO NEED TO REFILE - Case manager has added Anthony L. Sanacory to the applicable party. Future notices of appearance must be filed individually.(ggs) |
| Filing 33 NOTICE of Attorney Appearance by KEVIN HARRISON HUDSON on behalf of OGLETHORPE POWER CORPORATION Attorney KEVIN HARRISON HUDSON added to party OGLETHORPE POWER CORPORATION(pty:pla), Attorney KEVIN HARRISON HUDSON added to party OGLETHORPE POWER CORPORATION(pty:cd) (HUDSON, KEVIN) |
| Filing 32 This is a text only entry; no document issued. ORDER granting #31 Motion to Withdraw as Attorney. Attorney AMANDA D PROCTOR terminated Ordered by US DISTRICT JUDGE CLAY D LAND on 04/03/2019 (CCL) |
| Filing 31 MOTION to Withdraw as Attorney by FACTORY MUTUAL INSURANCE COMPANY, OGLETHORPE POWER CORPORATION filed by AMANDA D PROCTOR.(PROCTOR, AMANDA) |
| Filing 30 NOTICE of Attorney Appearance by NIKKI MORRIS on behalf of ETHOSENERGY POWER PLANT SERVICES LLC (MORRIS, NIKKI) |
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Filing 29
Order granting Petition for Admission Pro Hac Vice (Petition Attached); Attorney Admission Fee Met by RORY ZAMANSKY (nop)
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Filing 28
Order granting Petition for Admission Pro Hac Vice (Petition Attached); Attorney Admission Fee Met by JAMES H NYE (nop)
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Filing 27
Order granting Petition for Admission Pro Hac Vice (Petition Attached); Attorney Admission Fee Met by NIKKI MORRIS (nop)
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| Filing 26 NOTICE of Attorney Appearance by JACQUELINE MENK on behalf of ETHOSENERGY POWER PLANT SERVICES LLC Attorney JACQUELINE MENK added to party ETHOSENERGY POWER PLANT SERVICES LLC(pty:cc), Attorney JACQUELINE MENK added to party ETHOSENERGY POWER PLANT SERVICES LLC(pty:dft) (MENK, JACQUELINE) |
| Filing 25 NOTICE of Change of Address by James V. Chin (Chin, James) |
| Filing 24 ANSWER to #20 Answer to Amended Complaint,, Counterclaim, by OGLETHORPE POWER CORPORATION. Related document: #20 Answer to Amended Complaint,, Counterclaim, filed by ETHOSENERGY POWER PLANT SERVICES LLC.(Chin, James) |
| Filing 23 STIPULATION for Extension of Time to File Response to Counterclaim by FACTORY MUTUAL INSURANCE COMPANY, OGLETHORPE POWER CORPORATION (Chin, James) |
| Filing 22 SCHEDULING/DISCOVERY ORDER:Discovery to be complete by 8/16/2019. Dispositive motions due by 9/30/2019. Ordered by US DISTRICT JUDGE CLAY D LAND on 12/19/2018. (ggs) |
| Filing 21 Corporate Disclosure Statement by ETHOSENERGY POWER PLANT SERVICES LLC (KYLE, STEVEN) |
| Filing 20 ANSWER to #8 Amended Complaint/Petition, COUNTERCLAIM against All Plaintiffs by ETHOSENERGY POWER PLANT SERVICES LLC with Jury Demand. Related document: #8 Amended Complaint/Petition filed by FACTORY MUTUAL INSURANCE COMPANY, OGLETHORPE POWER CORPORATION. (Attachments: #1 Exhibit A - Sales Invoice, #2 Exhibit B - Sales Invoice, #3 Exhibit C - Sales Invoice)(KYLE, STEVEN) |
| Filing 19 STIPULATION for Extension of Time to File Defensive Pleadings by ETHOSENERGY POWER PLANT SERVICES LLC (KYLE, STEVEN) |
| Notice of Deficiency (related document(s): #18 Consent Motion for Extension of Time to File Answer filed by ETHOSENERGY POWER PLANT SERVICES LLC ); Wrong event used, the correct event is "STIPULATION" - No need to refile, motion terminated and docket entry corrected by case manager. (ggs) |
| Filing 18 STIPULATION for Extension of Time to File Answer by ETHOSENERGY POWER PLANT SERVICES LLC filed by STEVEN J KYLE.(KYLE, STEVEN) Modified on 12/12/2018 to correct event. (ggs). |
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Filing 17
ORDER finding as moot #7 Motion to Compel/Motion to Dismiss; denying #12 Motion to Compel/Motion to Dismiss. Ordered by US DISTRICT JUDGE CLAY D LAND on 11/27/2018 (CCL)
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| Filing 16 REPLY to Response filed by ETHOSENERGY POWER PLANT SERVICES LLC re #12 MOTION to Compel ARBITRATION PURSUANT TO 9 U.S.C. 4 AND MOTION TO DISMISS PLAINTIFFS CLAIMS ASSERTED IN THEIR AMENDED COMPLAINT PURSUANT TO FED. R. CIV. P. 12(b)(1) and 12(b)(6), #7 MOTION to Compel ArbitrationMOTION to Dismiss Plaintiffs' Claims Pursuant to FRCP 12(b)(6) (KYLE, STEVEN) |
| Filing 15 RESPONSE filed by FACTORY MUTUAL INSURANCE COMPANY, OGLETHORPE POWER CORPORATION re #12 MOTION to Compel ARBITRATION PURSUANT TO 9 U.S.C. 4 AND MOTION TO DISMISS PLAINTIFFS CLAIMS ASSERTED IN THEIR AMENDED COMPLAINT PURSUANT TO FED. R. CIV. P. 12(b)(1) and 12(b)(6) (Chin, James) |
| Filing 14 This is a text only entry; no document issued. ORDER granting #13 Motion to Stay Rule 16/26 Order Requirements pending a ruling on the motion to compel arbitration/motion to dismiss. Ordered by US DISTRICT JUDGE CLAY D LAND on 08/14/2018 (CCL) |
| Filing 13 CONSENT MOTION to Stay Rule 16/26 Order Requirements by ETHOSENERGY POWER PLANT SERVICES LLC filed by STEVEN J KYLE.(KYLE, STEVEN) |
| Filing 12 MOTION to Compel ARBITRATION PURSUANT TO 9 U.S.C. 4 AND MOTION TO DISMISS PLAINTIFFS CLAIMS ASSERTED IN THEIR AMENDED COMPLAINT PURSUANT TO FED. R. CIV. P. 12(b)(1) and 12(b)(6) by ETHOSENERGY POWER PLANT SERVICES LLC filed by STEVEN J KYLE. (Attachments: #1 Memorandum in Support, #2 Statement of Material Facts)(KYLE, STEVEN) |
| Filing 11 REPLY to Response filed by ETHOSENERGY POWER PLANT SERVICES LLC re #7 MOTION to Compel ArbitrationMOTION to Dismiss Plaintiffs' Claims Pursuant to FRCP 12(b)(6) (KYLE, STEVEN) |
| Filing 10 RULES 16/26 ORDER:Proposed Scheduling/Discovery order due by 9/10/2018. Ordered by US DISTRICT JUDGE CLAY D LAND on 7/25/2018. (esl) |
| Filing 9 RESPONSE filed by FACTORY MUTUAL INSURANCE COMPANY, OGLETHORPE POWER CORPORATION re #7 MOTION to Compel ArbitrationMOTION to Dismiss Plaintiffs' Claims Pursuant to FRCP 12(b)(6) (Chin, James) |
| Filing 8 AMENDED #1 Complaint, against ETHOSENERGY POWER PLANT SERVICES LLC by OGLETHORPE POWER CORPORATION, FACTORY MUTUAL INSURANCE COMPANY (Attachments: #1 Exhibit A - June 8, 2015 Contract, #2 Exhibit B - July 2, 2015 Contract)(Chin, James) |
| Filing 7 MOTION to Compel Arbitration; MOTION to Dismiss Plaintiffs' Claims Pursuant to FRCP 12(b)(6) by ETHOSENERGY POWER PLANT SERVICES LLC filed by STEVEN J KYLE. (Attachments: #1 Memorandum in Support, #2 Statement of Material Facts)(KYLE, STEVEN) Modified on 7/2/2018 (ggs). |
| Filing 6 ***DISREGARD - MOTION TERMINATED - REFILED AT TAB 7*** MOTION to Dismiss Plaintiffs' Claims by ETHOSENERGY POWER PLANT SERVICES LLC filed by STEVEN J KYLE. (Attachments: #1 Memorandum in Support Brief in Support, #2 Statement of Material Facts Statement of Material Facts)(KYLE, STEVEN) Modified on 7/2/2018 (ggs). |
| Notice of Deficiency (related document(s): #6 Motion to Dismiss filed by ETHOSENERGY POWER PLANT SERVICES LLC ); Document must be refiled using correct events. Motion is requesting more than one type of relief. When filing a motion requesting more than one type of relief, you must select each type of relief by holding down the "Ctrl" key. Document must be refiled using both events "Motion to Compel" and "Motion to Dismiss." (ggs) |
| Filing 5 Corporate Disclosure Statement by FACTORY MUTUAL INSURANCE COMPANY (Chin, James) |
| Filing 4 SUMMONS RETURNED EXECUTED as to ETHOSENERGY POWER PLANT SERVICES LLC by OGLETHORPE POWER CORPORATION re #1 Complaint, (Chin, James) Modified on 6/11/2018 (ggs). |
| Filing 3 Corporate Disclosure Statement by OGLETHORPE POWER CORPORATION (Chin, James) |
| Notice of Deficiency (related document(s): #4 Certificate of Service filed by OGLETHORPE POWER CORPORATION ); Wrong event used - the correct event is "SUMMONS RETURNED EXECUTED" - No need to refile, docket entry corrected by case manager. (ggs) |
| Filing 2 Summons Issued as to ETHOSENERGY POWER PLANT SERVICES LLC. (ggs) |
| ***DISREGARD*** Notice of Deficiency (related document(s): #1 Complaint, filed by FACTORY MUTUAL INSURANCE COMPANY, OGLETHORPE POWER CORPORATION ); Pursuant to Local Rule 83.1.4, an attorney (other than a government attorney) appearing of record in any action pending in this district, who wishes to withdraw as counsel for any party therein, shall submit a written motion for an order of court permitting such withdrawal. A Motion to Withdraw As Attorney must be filed. (ggs) Modified on 6/8/2018 (ggs). |
| Notice of Deficiency (related document(s): #1 Complaint, filed by FACTORY MUTUAL INSURANCE COMPANY, OGLETHORPE POWER CORPORATION ); Generic descriptions of exhibits are not permitted. (i.e. Exhibit A). Future filings containing exhibits, must include a description of said exhibit. NO NEED TO REFILE, docket entry corrected by case manager. (ggs) |
| Notice of Deficiency (related document(s): Notice of Deficiency regarding withdrawal of attorneys, ); Case Administrator Deficiency Incorrect deficiency notice selected. Please disregard. (ggs) |
| Notice of Deficiency (related document(s): #1 Complaint, filed by FACTORY MUTUAL INSURANCE COMPANY, OGLETHORPE POWER CORPORATION ); Pursuant to Local Rule 87, all nongovernmental corporate parties must file a Corporate Disclosure Statement - Please file the required corporate disclosures immediately. (ggs) |
| Filing 1 COMPLAINT against ETHOSENERGY POWER PLANT SERVICES, LLC Fee paid: Receipt # 113G-2894213, $400 filed by OGLETHORPE POWER CORPORATION, FACTORY MUTUAL INSURANCE COMPANY (Attachments: #1 Civil Cover Sheet, #2 Exhibit A - Goods & Services Agreement (6/8/2015), #3 Exhibit B - Goods & Services Agreement (7/2/2015), #4 Summons)(Chin, James) Modified on 6/8/2018 to include description of exhibits. (ggs). (Attachment 2 replaced on 6/8/2018) (ans). |
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