Bloom et al v. NextEra Energy, Inc. et al
Matthew Bloom, Rachel Bloom, Casey Bloom and Sharon Bloom |
NextEra Energy, Inc., NextEra Energy Capital Holdings Inc., NextEra Energy Constructors LLC, NextEra Energy Operating Services LLC, NextEra Energy Project Management LLC, NextEra Energy Resources, LLC, Soldier Creek Wind LLC and Jane Doe NextEra subsidiaries 1-5 |
5:2021cv04058 |
August 31, 2021 |
US District Court for the District of Kansas |
Angel D Mitchell |
Holly L Teeter |
Torts to Land |
28 U.S.C. § 1332 |
Plaintiff |
Docket Report
This docket was last retrieved on September 25, 2023. A more recent docket listing may be available from PACER.
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Filing 20 MEMORANDUM IN SUPPORT of #19 MOTION to Dismiss for Lack of Jurisdiction Motion to Dismiss for Lack of Personal Jurisdiction by Defendants NextEra Energy Capital Holdings Inc., NextEra Energy Resources, LLC, NextEra Energy, Inc. (Attachments: #1 Exhibit 1 - Declaration of Melissa Plotsky, #2 Exhibit 2 - Development Agmt - Nemaha County and Soldier Creek Wind Farm, #3 Exhibit 3 - Term Sheet - Developer Commitments (Soldier Creek Wind Farm Project), #4 Exhibit List Index of Exhibits to Memorandum in Support of Motion to Dismiss for Lack of Personal Jurisdiction)(Sear, Timothy) |
Filing 19 MOTION to Dismiss for Lack of Jurisdiction Motion to Dismiss for Lack of Personal Jurisdiction by Defendants NextEra Energy Capital Holdings Inc., NextEra Energy Resources, LLC, NextEra Energy, Inc. (Sear, Timothy) |
Filing 18 MEMORANDUM IN SUPPORT of #17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants NextEra Energy Constructors LLC, NextEra Energy Operating Services LLC, NextEra Energy Project Management LLC, Soldier Creek Wind LLC (Attachments: #1 Exhibit 1 - Term Sheet - Developer Commitments (Soldier Creek Wind Farm Project), #2 Exhibit 2 - Development Agmt - Nemaha County and Soldier Creek Wind Farm, #3 Exhibit List Index of Exhibits to Memorandum in Support of Motion to Dismiss for Failure to State a Claim)(Sear, Timothy) |
Filing 17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants NextEra Energy Constructors LLC, NextEra Energy Operating Services LLC, NextEra Energy Project Management LLC, Soldier Creek Wind LLC (Sear, Timothy) |
Filing 16 ORDER: The court finds that plaintiffs' #15 response to the #4 show-cause order and the #14 joint statement allege facts sufficient to establish diversity of citizenship. Therefore, the court will not recommend dismissal for lack of subject-matter jurisdiction. Signed by Magistrate Judge Angel D. Mitchell on 10/19/2021. (jsh) Modified to correct link 10/19/21. (kao) |
Filing 15 RESPONSE re #4 Order to Show Cause, by Plaintiffs Casey Bloom, Rachel Bloom, Matthew Bloom, Sharon Bloom(Renne, James) |
Filing 14 STATEMENT re #4 Order to Show Cause, Joint Statement Regarding Citizenship of defendant LLC's by Defendants NextEra Energy Capital Holdings Inc., NextEra Energy Constructors LLC, NextEra Energy Operating Services LLC, NextEra Energy Project Management LLC, NextEra Energy Resources, LLC, NextEra Energy, Inc., Soldier Creek Wind LLC. (Sear, Timothy) |
Filing 13 ORDER granting #12 Defendants' Unopposed Motion for Extension of time To Answer. The court grants the motion as unopposed and orders that defendants shall answer or otherwise respond to plaintiffs' complaint by October 25, 2021. Signed by Magistrate Judge Angel D. Mitchell on 10/18/2021. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (bh) |
Filing 12 Unopposed MOTION for Extension of Time to File Answer re #1 Complaint (attorney) by Defendants NextEra Energy Capital Holdings Inc., NextEra Energy Constructors LLC, NextEra Energy Operating Services LLC, NextEra Energy Project Management LLC, NextEra Energy Resources, LLC, NextEra Energy, Inc., Soldier Creek Wind LLC (referred to Magistrate Judge Angel D. Mitchell) (Sear, Timothy) |
Filing 11 ORDER granting #10 Agreed Motion for Extension of Time to File Joint Statement of Citizenship. For good cause shown, the court extends the deadline for the parties to file a joint statement disclosing the citizenship of each member of the LLC defendants, including tracing layers if necessary. The parties' joint statement is due by October 18, 2021. The court extends the deadline for plaintiffs' response to #4 the show-cause order to October 21, 2021. Signed by Magistrate Judge Angel D. Mitchell on 10/13/2021. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (bh) |
Filing 10 Joint MOTION for extension of time to File Joint Statement Regarding Citizenship of Defendant LLC's by Defendants NextEra Energy Constructors LLC, NextEra Energy Operating Services LLC, NextEra Energy Project Management LLC, NextEra Energy Resources, LLC, Soldier Creek Wind LLC (referred to Magistrate Judge Angel D. Mitchell) (Sear, Timothy) |
Filing 9 INITIAL ORDER REGARDING PLANNING AND SCHEDULING: Scheduling Conference set for 12/7/2021 at 10:00 AM in Telephone ADM - CONFERENCE LINE 1-888-363-4749 ACCESS CODE 3977627 before Magistrate Judge Angel D. Mitchell. Rule 26 Planning Conference Deadline 11/16/2021. Report of Parties Planning Meeting deadline 11/30/2021. Rule 26 Initial Disclosures Deadline set for 11/30/2021. Proposed Scheduling Order Deadline 11/30/2021. Signed by Magistrate Judge Angel D. Mitchell on 10/6/2021. (ht) |
Filing 8 CLERKS ORDER EXTENDING TIME until 10/18/2021 for Defendants NextEra Energy Capital Holdings Inc., Soldier Creek Wind LLC, NextEra Energy Constructors LLC, NextEra Energy Project Management LLC, NextEra Energy Operating Services LLC, NextEra Energy Resources, LLC, NextEra Energy, Inc. to answer or otherwise plead. Signed by deputy clerk on 9/28/2021. (jsh) |
Filing 7 ENTRY OF APPEARANCE by Timothy J. Sear on behalf of NextEra Energy Capital Holdings Inc., NextEra Energy Constructors LLC, NextEra Energy Operating Services LLC, NextEra Energy Project Management LLC, NextEra Energy Resources, LLC, NextEra Energy, Inc., Soldier Creek Wind LLC. (Sear, Timothy) |
Filing 6 ORDER denying without prejudice #5 Motion for Admission Pro Hac Vice. The clerk's office notified the magistrate judge's chambers that it contacted plaintiffs' counsel earlier this week to advise that the supporting affidavit contains an incorrect case caption and to request that the filing attorney file a supplemental affidavit correcting the error. To date, counsel has not done so. For this reason, the court denies the motion without prejudice to refiling. The fee paid in filing the present motion applies to any renewed motion. Additionally, the court directs plaintiffs to utilize the form affidavit available on district's website. Statements about prior pro hac vice admission are not required, and in this case, the affidavit contains an incorrect statement regarding counsel's prior pro hac vice admission. Signed by Magistrate Judge Angel D. Mitchell on 9/16/2021. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (bh) |
Filing 5 MOTION for attorney Blair Drazic to appear pro hac vice ( Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-5585944.) by Plaintiffs Casey Bloom, Matthew Bloom, Rachel Bloom, Sharon Bloom (referred to Magistrate Judge Angel D. Mitchell) (Attachments: #1 Affidavit Exhibit A - Drazic Declaration, #2 ECF Registration Form Exhibit B - Drazic ECF Form)(Renne, James) |
Filing 4 ORDER TO SHOW CAUSE. Plaintiffs shall show cause in writing to the magistrate judge why the magistrate judge should not recommend that the district judge dismiss this case for lack of subject-matter jurisdiction. See text of order for deadlines. Signed by Magistrate Judge Angel D. Mitchell on 9/13/2021. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(bh) |
Filing 3 ORDER REASSIGNING CASE: Case reassigned to Magistrate Judge Angel D. Mitchell for all further proceedings. Magistrate Judge Gwynne E. Birzer no longer assigned to case. Signed by Magistrate Judge Gwynne E. Birzer on 9/7/21. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(ala) |
Filing 2 ORDER REASSIGNING CASE: Case reassigned to District Judge Holly L. Teeter for all further proceedings. District Judge Kathryn H. Vratil no longer assigned to case. Signed by District Judge Kathryn H. Vratil on 9/1/2021. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(as) |
SUMMONS ISSUED as to NextEra Energy Capital Holdings Inc., NextEra Energy Constructors LLC, NextEra Energy Operating Services LLC, NextEra Energy Project Management LLC, NextEra Energy Resources, LLC, NextEra Energy, Inc., Soldier Creek Wind LLC. (issued to Attorney for service) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry) (jsh) |
NOTICE OF JUDGE ASSIGNMENT: Case assigned to District Judge Kathryn H. Vratil and Magistrate Judge Gwynne E. Birzer for all proceedings. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (jsh) |
Filing 1 COMPLAINT with trial location of Topeka ( Filing fee $402, Internet Payment Receipt Number BKSDC-5577008.), filed by Matthew Bloom. (Attachments: #1 Notice of Trial Location Designation, #2 Civil Cover Sheet)(Renne, James) |
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