Duke Energy Carolinas, LLC v. NTE Carolinas II, LLC et al
Plaintiff: Duke Energy Carolinas, LLC
Defendant: NTE Carolinas II, LLC, NTE Carolinas II Holdings, LLC, NTE Energy, LLC, NTE Southeast Electric Company, LLC, Duke Energy Progress, LLC and Duke Energy Corporation
Material Witness: GDS Associates, Inc.
Case Number: 1:2021cv04916
Filed: November 30, 2021
Court: US District Court for the Northern District of Georgia
Presiding Judge: Justin S Anand
Referring Judge: William M Ray
Nature of Suit: Other Statutory Actions
Jury Demanded By: None
Docket Report

This docket was last retrieved on January 28, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 28, 2022 Filing 26 STATUS REPORT on Motion to Compel Compliance with Rule 45 Subpoena and Motion to Quash or Modify Subpoena by NTE Carolinas II Holdings, LLC, NTE Carolinas II, LLC, NTE Energy, LLC. (Schoenthaler, Peter)
January 19, 2022 Opinion or Order Filing 25 ORDER granting #24 Motion to Continue. IT IS HEREBY ORDERED that the hearing scheduled for January 20, 2022 is CONTINUED for a period of thirty (30) days pending confirmation that resolution has been reached. IT IS FURTHER ORDERED that counsel keep the Court apprised of their progress towards resolution of the pending Motions and notify the Court by January 28, 2022 of the parties progress. Signed by Magistrate Judge Justin S. Anand on 1/19/2022. (abm)
January 19, 2022 Filing 24 Consent MOTION to Continue January 20, 2022 Hearing by NTE Carolinas II Holdings, LLC, NTE Carolinas II, LLC, NTE Energy, LLC. (Attachments: #1 Text of Proposed Order Proposed Consent Order for Continuance)(Schoenthaler, Peter)
January 18, 2022 Opinion or Order Filing 23 ORDER granting #22 Application for Admission Pro Hac Vice of Marguerite S. Willis. Signed by Judge William M. Ray, II on 1/18/2022. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(abm)
January 14, 2022 APPROVAL by Clerks Office re: #22 APPLICATION for Admission of Marguerite Willis Pro Hac Vice.. Attorney Marguerite S. Willis added appearing on behalf of NTE Carolinas II Holdings, LLC, NTE Carolinas II, LLC, NTE Energy, LLC, NTE Southeast Electric Company, LLC (gas)
January 11, 2022 Filing 22 APPLICATION for Admission of Marguerite Willis Pro Hac Vice.by NTE Carolinas II Holdings, LLC, NTE Carolinas II, LLC, NTE Energy, LLC. (Attachments: #1 Text of Proposed Order Proposed Order for Admission Pro Hac Vice)(Schoenthaler, Peter) Documents for this entry are not available for viewing outside the courthouse.
January 10, 2022 RETURN of #20 APPLICATION for Admission of Marguerite Willis Pro Hac Vice (Application fee $ 150, receipt number AGANDC-11499852). to attorney for correction re: please specify admitted courts. (gas)
January 7, 2022 Filing 21 REPLY BRIEF re #3 MOTION to Quash or Modify Subpoena MOTION for Protective Order filed by GDS Associates, Inc.. (Constantine, Randall)
January 6, 2022 Filing 20 APPLICATION for Admission of Marguerite Willis Pro Hac Vice (Application fee $ 150, receipt number AGANDC-11499852).by NTE Carolinas II Holdings, LLC, NTE Carolinas II, LLC, NTE Energy, LLC. (Attachments: #1 Text of Proposed Order Proposed Order granting Pro Hac Vice Application)(Schoenthaler, Peter) Documents for this entry are not available for viewing outside the courthouse.
January 3, 2022 Opinion or Order Filing 19 ORDER granting #17 Motion for Extension of Time. GDS has until January 7, 2022, to file a reply in support of its Motion to Quash or Modify Subpoena #3 . Signed by Magistrate Judge Justin S. Anand on 1/3/2022. (abm) Modified on 1/4/2022 to edit docket text (abm).
January 3, 2022 Opinion or Order Filing 18 ORDER granting #16 Application for Admission Pro Hac Vice of Kirsten Small. Signed by Judge William M. Ray, II on 1/3/2022. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(abm)
December 28, 2021 Filing 17 Consent MOTION for Extension of Time File Reply Memorandum re: #3 MOTION to Quash or Modify Subpoena MOTION for Protective Order by GDS Associates, Inc.. (Constantine, Randall)
December 23, 2021 APPROVAL by Clerks Office re: #16 APPLICATION for Admission of Kirsten Small Pro Hac Vice.. Attorney Kirsten E. Small added appearing on behalf of NTE Carolinas II Holdings, LLC, NTE Carolinas II, LLC, NTE Energy, LLC, NTE Southeast Electric Company, LLC (gas)
December 21, 2021 Filing 16 APPLICATION for Admission of Kirsten Small Pro Hac Vice.by NTE Carolinas II Holdings, LLC, NTE Carolinas II, LLC, NTE Energy, LLC. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Text of Proposed Order Proposed Order for Admission Pro Hac Vice)(Schoenthaler, Peter) Documents for this entry are not available for viewing outside the courthouse.
December 20, 2021 Submission of #3 MOTION to Quash or Modify Subpoena MOTION for Protective Order, to Magistrate Judge Justin S. Anand. (jkl)
December 17, 2021 RETURN of #14 APPLICATION for Admission of Kirsten Small Pro Hac Vice (Application fee $ 150, receipt number AGANDC-11461741). to attorney for correction re: application not filed by local counsel. (gas)
December 16, 2021 Filing 15 Minute Entry for proceedings held before Magistrate Judge Justin S. Anand: Status Conference held on 12/16/2021. The Court held a conference with the parties to discuss whether GDS consents to the transfer of the motion to compel and motion to quash to the Western District of North Carolina, where the underlying case is pending, or whether exceptional circumstances support the transfer of the motions under Rule 45(f). Counsel for GDS stated that it does not consent to the transfer and argued that there are no exceptional circumstances requiring a transfer. Counsel for NTE also stated that it did not believe that exceptional circumstances required a transfer. The Court stated that, based on the parties' arguments, it appeared that transfer was not warranted, and ORDERED the parties to appear for oral argument on the motions on January 20, 2022, at 10:00 am. (Motion Hearing set for 1/20/2022 at 10:00 AM in ATLA Courtroom 1875 before Magistrate Judge Justin S. Anand.). (Tape #Zoom hearing)(cmd)
December 15, 2021 Filing 14 APPLICATION for Admission of Kirsten Small Pro Hac Vice (Application fee $ 150, receipt number AGANDC-11461741).by NTE Carolinas II Holdings, LLC, NTE Carolinas II, LLC, NTE Energy, LLC. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Text of Proposed Order Proposed Order for Pro Hac Vice Admission)(Rosser, Christopher) Documents for this entry are not available for viewing outside the courthouse.
December 15, 2021 Filing 13 NOTICE of Appearance by Christopher Rosser on behalf of NTE Carolinas II Holdings, LLC, NTE Carolinas II, LLC, NTE Energy, LLC (Rosser, Christopher)
December 15, 2021 Filing 12 Letter from Clerk re: LR 83.1 Pro Hac Vice requirements sent to Andrew H. Reynard. Clerk to follow-up by 12/27/2021. (nmb)
December 15, 2021 Filing 11 Letter from Clerk re: LR 83.1 Pro Hac Vice requirements sent to Daniel A. Schwartz. Clerk to follow-up by 12/27/2021. (nmb)
December 15, 2021 Filing 10 Letter from Clerk re: LR 83.1 Pro Hac Vice requirements sent to Ian D. Robertson. Clerk to follow-up by 12/27/2021. (nmb)
December 15, 2021 Filing 9 Letter from Clerk re: LR 83.1 Pro Hac Vice requirements sent to John F. Baughman. Clerk to follow-up by 12/27/2021. (nmb)
December 15, 2021 Filing 8 Letter from Clerk re: LR 83.1 Pro Hac Vice requirements sent to Kirsten E. Small. Clerk to follow-up by 12/27/2021. (nmb)
December 15, 2021 Filing 7 Letter from Clerk re: LR 83.1 Pro Hac Vice requirements sent to Marguerite S. Willis. Clerk to follow-up by 12/27/2021. (nmb)
December 15, 2021 Filing 6 Letter from Clerk re: LR 83.1 Pro Hac Vice requirements sent to Suedeen G. Kelly. Clerk to follow-up by 12/27/2021. (nmb)
December 14, 2021 Filing 5 REPLY to Response to Motion re #1 MOTION to Compel Subpoena, #3 MOTION to Quash or Modify Subpoena MOTION for Protective Order filed by NTE Carolinas II Holdings, LLC, NTE Carolinas II, LLC, NTE Energy, LLC, NTE Southeast Electric Company, LLC. (Baysinger, Bryan)
December 1, 2021 Submission of #1 MOTION to Compel Subpoena, to Magistrate Judge Justin S. Anand. (adg)
November 30, 2021 Case reported statistically. Matter transferred from 1:21-mi-00096-WMR-JSA. (adg)
November 30, 2021 Filing 4 RESPONSE in Opposition re #1 MOTION to Compel Subpoena and in support of #3 MOTION to Quash Or Modify Subpoena or MOTION for Protective Order filed by GDS Associates, Inc.. (Constantine, Randall) Modified on 12/1/2021 to correct docket text (adg).
November 30, 2021 Filing 3 MOTION to Quash Or Modify Subpoena or MOTION for Protective Order with Brief In Support by GDS Associates, Inc.. (Attachments: #1 Brief)(Constantine, Randall) . Added MOTION for Protective Order on 12/1/2021 (adg).
November 24, 2021 Clerks Approval re #2 Application for Refund of Fees paid online. (mec)
November 23, 2021 Filing 2 Application for Refund of Fees paid online through Pay.gov for receipt number AGANDC-11401558. (Baysinger, Bryan)
November 16, 2021 Filing 1 MOTION to Compel Compliance with Rule 45 Subpoena to GDS Associates, Inc. with Brief In Support by NTE Carolinas II Holdings, LLC, NTE Carolinas II, LLC, NTE Energy, LLC and NTE Southeast Electric Company, LLC. (Attachments: #1 Brief, #2 Ex -A Subpoena to GDS Associates, #3 Ex-B -Affidavit of Service, #4 Ex-C -Complaint (duke Energy arolinas v.NTe Carolinas II, 3:19cv515-WDN, #5 Ex -D -Answer, 2nd Amended Counterclaims and Complaint, #6 Ex -E -Stipulated Protective Order, #7 Ex -F -Excerpt of Deposition of S. Clarkson, #8 Ex -G -Email from K Small to R. Constantine, 6/18/21, #9 Ex -H -Email from K. Small to R. Constantine, 6/25/21, #10 Ex. -I -GDS Responses and Objections to NTE Subpoena, #11 Ex -J -Email from K. Small to R. Constantine, 7/7/2021, #12 Ex -K -Email from K. Small to R. Constantine, 7/19/2021, #13 Ex -L -Email from K. Small to r. Constantine 7/23/2021, #14 Ex -M -Email to R. Constantine, 7/29/2021, #15 Ex -N-Email from K. Small to r, Constantine, 8/4/2021, #16 Ex -O -email from K. Small to R. Constantine, 8/9/2021, #17 Ex -P -email from K. Small to r. Constantine, 10/4/2021, #18 Ex -Q- Email from K. Small to R. Constantine, 10/8/21, #19 Ex -R -Email from K. Small to R. Constantine, 10/18/2021, #20 Ex -S -Email from K. Small to R. Constantine, 11/2/2021, #21 Ex -t -Email from R. Constantine to K. Small 11//2/2021, #22 Ex -U -Email from K. Small to R. Constantine, 11/3/2021, #23 Ex -V -email from K. Small to R. Constantine, 11/5/2021, #24 Ex -W Email from K. Small to r. Constantine, 11/8/2021, #25 Ex -X -Email from R. Constantine to K. Small, 11/5/2021, #26 Ex -Y -GDS Associates LinkedIn Profile Page)(eop)
November 16, 2021 Filing Fee Paid: $ 49.00, receipt number AGANDC-11401595 (eop)

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Search for this case: Duke Energy Carolinas, LLC v. NTE Carolinas II, LLC et al
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Plaintiff: Duke Energy Carolinas, LLC
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Defendant: NTE Carolinas II, LLC
Represented By: Marguerite S. Willis
Represented By: Andrew H. Reynard
Represented By: Bryan L. Baysinger
Represented By: Daniel A. Schwartz
Represented By: Ian D. Robertson
Represented By: John F. Baughman
Represented By: Kirsten E. Small
Represented By: Suedeen G. Kelly
Represented By: Christopher Rosser
Represented By: Peter F. Schoenthaler
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Defendant: NTE Carolinas II Holdings, LLC
Represented By: Andrew H. Reynard
Represented By: Bryan L. Baysinger
Represented By: Daniel A. Schwartz
Represented By: Marguerite S. Willis
Represented By: Ian D. Robertson
Represented By: John F. Baughman
Represented By: Kirsten E. Small
Represented By: Suedeen G. Kelly
Represented By: Christopher Rosser
Represented By: Peter F. Schoenthaler
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Defendant: NTE Energy, LLC
Represented By: Andrew H. Reynard
Represented By: Bryan L. Baysinger
Represented By: Daniel A. Schwartz
Represented By: Marguerite S. Willis
Represented By: Ian D. Robertson
Represented By: John F. Baughman
Represented By: Kirsten E. Small
Represented By: Suedeen G. Kelly
Represented By: Christopher Rosser
Represented By: Peter F. Schoenthaler
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Defendant: NTE Southeast Electric Company, LLC
Represented By: Andrew H. Reynard
Represented By: Bryan L. Baysinger
Represented By: Daniel A. Schwartz
Represented By: Marguerite S. Willis
Represented By: Ian D. Robertson
Represented By: John F. Baughman
Represented By: Kirsten E. Small
Represented By: Suedeen G. Kelly
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Defendant: Duke Energy Progress, LLC
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Defendant: Duke Energy Corporation
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Material witness: GDS Associates, Inc.
Represented By: Randall Alan Constantine
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