Bloom et al v. NextEra Energy, Inc. et al
Plaintiff: Matthew Bloom, Rachel Bloom, Casey Bloom and Sharon Bloom
Defendant: 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
Case Number: 5:2021cv04058
Filed: August 31, 2021
Court: US District Court for the District of Kansas
Presiding Judge: Angel D Mitchell
Referring Judge: Holly L Teeter
Nature of Suit: Torts to Land
Cause of Action: 28 U.S.C. ยง 1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on October 25, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 25, 2021 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)
October 25, 2021 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)
October 25, 2021 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)
October 25, 2021 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)
October 19, 2021 Opinion or Order 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)
October 18, 2021 Filing 15 RESPONSE re #4 Order to Show Cause, by Plaintiffs Casey Bloom, Rachel Bloom, Matthew Bloom, Sharon Bloom(Renne, James)
October 18, 2021 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)
October 18, 2021 Opinion or Order 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)
October 18, 2021 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)
October 13, 2021 Opinion or Order 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)
October 12, 2021 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)
October 6, 2021 Opinion or Order 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)
September 28, 2021 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)
September 28, 2021 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)
September 16, 2021 Opinion or Order 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)
September 13, 2021 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)
September 13, 2021 Opinion or Order 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)
September 7, 2021 Opinion or Order 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)
September 1, 2021 Opinion or Order 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)
September 1, 2021 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)
August 31, 2021 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)
August 31, 2021 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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Plaintiff: Matthew Bloom
Represented By: James Renne
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Plaintiff: Rachel Bloom
Represented By: James Renne
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Plaintiff: Casey Bloom
Represented By: James Renne
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Plaintiff: Sharon Bloom
Represented By: James Renne
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Defendant: NextEra Energy, Inc.
Represented By: Timothy J. Sear
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Defendant: NextEra Energy Capital Holdings Inc.
Represented By: Timothy J. Sear
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Defendant: NextEra Energy Constructors LLC
Represented By: Timothy J. Sear
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Defendant: NextEra Energy Operating Services LLC
Represented By: Timothy J. Sear
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Defendant: NextEra Energy Project Management LLC
Represented By: Timothy J. Sear
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Defendant: NextEra Energy Resources, LLC
Represented By: Timothy J. Sear
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Defendant: Soldier Creek Wind LLC
Represented By: Timothy J. Sear
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Defendant: Jane Doe NextEra subsidiaries 1-5
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