Stallbaumer v. NextEra Energy Resources, LLC et al
Plaintiff: Justin Stallbaumer
Defendant: NextEra Energy, Inc., NextEra Energy Resources, LLC, NextEra Energy Capital Holdings, Inc., NextEra Energy Constructors LLC, NextEra Energy Operating Services LLC, NextEra Energy Project Management LLC, Soldier Creek Wind LLC, NEER and Jane Doe 1-5
Petitioner: Jackson County, Kansas, Keith Kelly, Dan Brenner and Mark Pruett
Case Number: 5:2022cv04031
Filed: May 19, 2022
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. § 1332 Diversity-Torts to Land
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on October 9, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 9, 2023 Opinion or Order Filing 92 NOTICE OF SERVICE by Jackson County, Kansas of Subpoena Responses (Hendricks, Lee)
September 25, 2023 Opinion or Order Filing 91 MEMORANDUM AND ORDER. Plaintiff's Objection or Appeal of the Magistrate Judge's Order (Doc. #71 ) is overruled. The Motion to Amend (Doc. #49 ) is denied. Signed by District Judge Holly L. Teeter on 9/25/2023. (mam)
September 25, 2023 Opinion or Order Filing 90 ENTRY OF APPEARANCE by Lee Hendricks on behalf of Movants Jackson County, Kansas, Keith Kelly, Dan Brenner, and Mark Pruett. (jsh)
September 12, 2023 Opinion or Order Filing 89 AMENDED NOTICE by Defendant Soldier Creek Wind LLC of taking deposition of Justin Stallbaumer on October 13, 2023. (Olthoff, Mark)
September 4, 2023 Opinion or Order Filing 88 NOTICE of Depositions and Subpoenas by Justin Stallbaumer (Attachments: #1 Exhibit Subpoena, #2 Appendix A, #3 Exhibit Subpoena, #4 Exhibit Subpoena, #5 Exhibit Subpoena)(Renne, James)
September 4, 2023 Opinion or Order Filing 87 NOTICE of Depositions and Subpoenas by Justin Stallbaumer (Attachments: #1 Exhibit List, #2 Exhibit Notices of Depositions 30(b)(6), #3 Exhibit Subpoena Duces Tecum SCW, #4 Exhibit Subpoena Duces Tecum NEER, #5 Exhibit Subpoena Duces Tecum NEPM, #6 Appendix A (SCW), #7 Appendix B (SCW), #8 Appendix A (NEER), #9 Appendix B (NEER), #10 Appendix A (NEPM), #11 Appendix B (NEPM), #12 Exhibit Subpoena, #13 Exhibit Subpoena, #14 Exhibit Subpoena, #15 Exhibit Subpoena, #16 Exhibit Subpoena, #17 Exhibit Subpoena, #18 Exhibit Subpoena, #19 Exhibit Subpoena, #20 Exhibit Subpoena, #21 Exhibit Subpoena, #22 Exhibit Subpoena)(Renne, James)
August 29, 2023 Opinion or Order Filing 86 RESPONSE by Defendant Soldier Creek Wind LLC re #71 Motion for Review, Defendant's Response in Opposition to Plaintiff's Objection or Appeal of the Magistrate Judge's Order or Recommendation under Rule 72(a) or 72(b) (Olthoff, Mark)
August 25, 2023 Opinion or Order Filing 85 NOTICE of Withdrawal of Notices and Subpoenas by Justin Stallbaumer re #80 Notice to Take Deposition, #83 Notice to Take Deposition, #75 Notice to Take Deposition, #78 Notice to Take Deposition, #82 Notice to Take Deposition, #77 Notice to Take Deposition, #76 Notice to Take Deposition, #81 Notice to Take Deposition, #79 Notice to Take Deposition (Renne, James)
August 23, 2023 Opinion or Order Filing 84 ORDER granting in part and denying in part #74 Joint Motion to Clarify or Amend Amended Scheduling Order. Signed by Magistrate Judge Angel D. Mitchell on 8/23/2023. (kas)
August 23, 2023 Opinion or Order Filing 83 NOTICE by Plaintiff Justin Stallbaumer of taking deposition of Orin Shaker on 9/13/23 (Renne, James)
August 23, 2023 Opinion or Order Filing 82 NOTICE by Plaintiff Justin Stallbaumer of taking deposition of John Di Donato on 9/12/23 (Renne, James)
August 23, 2023 Opinion or Order Filing 81 NOTICE by Plaintiff Justin Stallbaumer of taking deposition of Spencer Jenkins on 9/11/23 (Renne, James)
August 23, 2023 Opinion or Order Filing 80 NOTICE by Plaintiff Justin Stallbaumer of taking deposition of David DJ Gleason on 8/30/23 (Renne, James)
August 23, 2023 Opinion or Order Filing 79 NOTICE by Plaintiff Justin Stallbaumer of taking deposition of Mark Trumbauer on 8/30/23 (Renne, James)
August 23, 2023 Opinion or Order Filing 78 NOTICE by Plaintiff Justin Stallbaumer of taking deposition of Marc Woods on 8/30/23 (Renne, James)
August 23, 2023 Opinion or Order Filing 77 NOTICE by Plaintiff Justin Stallbaumer of taking deposition of Kim Austin on 8/29/23 (Renne, James)
August 23, 2023 Opinion or Order Filing 76 NOTICE by Plaintiff Justin Stallbaumer of taking deposition of Ryan Legge on 8/29/23 (Renne, James)
August 23, 2023 Opinion or Order Filing 75 NOTICE by Plaintiff Justin Stallbaumer of taking deposition of Soldier Creek Wind, LLC, NEER, NEPM on 8/28/23 (Attachments: #1 Appendix, #2 Appendix, #3 Appendix, #4 Appendix, #5 Appendix, #6 Appendix, #7 Appendix, #8 Appendix, #9 Appendix)(Renne, James)
August 22, 2023 Opinion or Order Filing 74 Joint MOTION to Amend Scheduling Order Joint Motion to Clarify or Amend Amended Scheduling Order by Defendant Soldier Creek Wind LLC (referred to Magistrate Judge Angel D. Mitchell) (Olthoff, Mark)
August 16, 2023 Opinion or Order Filing 73 ORDER re #71 MOTION for Review. Any response is due August 29, 2023. Because reply briefs are not authorized by the federal or local rules as to objections to rulings by magistrate judges, no reply brief is permitted. Signed by District Judge Holly L. Teeter on 8/16/2023. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(md)
August 16, 2023 Opinion or Order NOTICE OF DOCKET TEXT MODIFICATION by Deputy Clerk regarding #71 : the entry has been corrected to reflect a Motion for Review of #57 Memorandum and Order. (ca)
August 15, 2023 Opinion or Order Filing 72 NOTICE OF WITHDRAWAL OF APPEARANCE by attorney Timothy J. Sear as to Soldier Creek Wind LLC (Sear, Timothy)
August 14, 2023 Opinion or Order Filing 71 MOTION for Review by Justin Stallbaumer re #57 Order on Motion for Leave to Amend Complaint (Attachments: #1 Exhibit A(1), #2 Exhibit A(2), #3 Exhibit A(3), #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E)(Renne, James) Modified event and title on 8/16/2023 (ca).
August 11, 2023 Opinion or Order Filing 70 AMENDED SCHEDULING ORDER: Discovery deadline 11/22/2023. Proposed Pretrial Order due by 12/4/2023. Final Pretrial Conference set for 12/14/2023 at 01:30 PM by Telephone ADM - CONFERENCE LINE 1-888-363-4749 ACCESS CODE 3977627 before Magistrate Judge Angel D. Mitchell. Dispositive motion deadline 1/10/2024. The deadlines apply in all three of the related cases. See Order for additional deadlines. Signed by Magistrate Judge Angel D. Mitchell on 8/11/2023. (ca)
August 7, 2023 Opinion or Order Filing 69 NOTICE of Withdrawal of Notices and Subpoenas by Justin Stallbaumer re #64 Notice to Take Deposition, #58 Notice to Take Deposition, #63 Notice to Take Deposition, #62 Notice to Take Deposition, #61 Notice to Take Deposition, #59 Notice to Take Deposition, #60 Notice to Take Deposition (Renne, James)
August 7, 2023 Opinion or Order Filing 68 STIPULATION REGARDING USE OF DISCOVERY MATERIALS by Soldier Creek Wind LLC. (Zeeck, Phillip)
August 4, 2023 Opinion or Order Filing 67 ORDER ENTERED: Court advised the parties that it will take up any motion to compel that a party believes is warranted after the scheduled depositions are complete. Parties also raised the possibility of realigning the case schedules in the Renne and Bloom cases with the Stallbaumer case in order to allow discovery in all three cases to be completed by November 22, 2023. The court provided the parties with parameters to further meet and confer on this issue. See order for further details. Signed by Magistrate Judge Angel D. Mitchell on 8/4/23. (msb)
August 3, 2023 Opinion or Order Filing 66 MINUTE ENTRY for proceedings held before Magistrate Judge Angel D. Mitchell: DISCOVERY HEARING held on 8/3/2023. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ht)
August 3, 2023 Opinion or Order Filing 65 CERTIFICATE OF SERVICE of Second Supplemental Rule 26 Disclosures by Soldier Creek Wind LLC. (Zeeck, Phillip)
August 1, 2023 Opinion or Order Filing 64 NOTICE by Plaintiff Justin Stallbaumer of taking deposition of John Felitto on 8/18/23 (Renne, James)
August 1, 2023 Opinion or Order Filing 63 NOTICE by Plaintiff Justin Stallbaumer of taking deposition of Kim Austin on 8/11/23 (Renne, James)
August 1, 2023 Opinion or Order Filing 62 NOTICE by Plaintiff Justin Stallbaumer of taking deposition of Mark Trumbauer on 8/11/23 (Renne, James)
August 1, 2023 Opinion or Order Filing 61 NOTICE by Plaintiff Justin Stallbaumer of taking deposition of David Gleason on 8/10/23 (Renne, James)
August 1, 2023 Opinion or Order Filing 60 NOTICE by Plaintiff Justin Stallbaumer of taking deposition of Marc Woods on 8/10/23 (Renne, James)
August 1, 2023 Opinion or Order Filing 59 NOTICE by Plaintiff Justin Stallbaumer of taking deposition of Ryan Legge on 8/9/23 (Renne, James)
August 1, 2023 Opinion or Order Filing 58 NOTICE by Plaintiff Justin Stallbaumer of taking deposition of Soldier Creek Wind, LLC, NEER, NEPM on 8/8/23 (Attachments: #1 Exhibit Subpoena SCW, #2 Appendix SCW, #3 Exhibit Subpoena NEER, #4 Appendix NEER, #5 Exhibit Subpoena NEPM, #6 Appendix NEPM)(Renne, James)
July 31, 2023 Opinion or Order Filing 57 MEMORANDUM AND ORDER denying #49 Motion for Leave to Amend Complaint. Signed by Magistrate Judge Angel D. Mitchell on 7/31/2023. (kas)
July 31, 2023 Opinion or Order Filing 56 ORDER granting 55 Motion for Discovery Hearing. The Discovery Hearing is set for 8/3/2023 at 3:30 PM via Telephone ADM - CONFERENCE LINE 1-888-363-4749; ACCESS CODE 3977627 before Magistrate Judge Angel D. Mitchell. Signed by Magistrate Judge Angel D. Mitchell on 7/31/2023. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ht)
July 31, 2023 Opinion or Order Filing 55 MOTION for Discovery Hearing. Via an email to the court on July 28, 2023, the parties moved the court to schedule a Discovery Hearing. (referred to Magistrate Judge Angel D. Mitchell) (ht)
July 24, 2023 Opinion or Order Filing 54 REPLY TO RESPONSE TO MOTION by Plaintiff Justin Stallbaumer re: #49 Motion for Leave to Amend Complaint,, (Attachments: #1 Exhibit A, #2 Exhibit B)(Renne, James)
July 17, 2023 Opinion or Order Filing 53 MEMORANDUM IN OPPOSITION by Defendant Soldier Creek Wind LLC re #49 MOTION for Leave to Amend Complaint re #5 Amended Complaint, (Olthoff, Mark)
July 12, 2023 Opinion or Order Filing 52 ORDER granting #51 Plaintiff's Unopposed Motion for Leave to File [Corrected] Exhibits 4(a), 4(b), and 4(c) to Motion For Leave to Amend Complaint (ECF 49). The clerk is directed to strike the original Exhibits 4(a), 4(b) and 4(c) to ECF 49 and add the corrected exhibits to the original entry at ECF 49. Signed by Magistrate Judge Angel D. Mitchell on 7/12/2023. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (bal)
July 11, 2023 Opinion or Order Filing 51 Unopposed MOTION for Leave to file Corrected Exhibits 4(a)-(c) to Proposed Amended Complaint by Plaintiff Justin Stallbaumer (referred to Magistrate Judge Angel D. Mitchell) (Attachments: #1 Exhibit 4(a), #2 Exhibit 4(b), #3 Exhibit 4(c))(Renne, James)
July 6, 2023 Opinion or Order Filing 50 ORDER SETTING BRIEFING SCHEDULE. The court orders expedited briefing on #49 Plaintiff's Motion for Leave to Amend Complaint. Response briefs are due by July 17, 2023. Plaintiff's reply brief is due by July 24, 2023. Signed by Magistrate Judge Angel D. Mitchell on 7/6/2023. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (bal)
July 3, 2023 Opinion or Order Filing 49 MOTION for Leave to Amend Complaint re #5 Amended Complaint by Plaintiff Justin Stallbaumer. (Motion referred to Magistrate Judge Angel D. Mitchell.) (Attachments: #1 Proposed Amended Complaint, #2 Exhibit 1(a), #3 Exhibit 1(b), #4 Exhibit 1(c), #5 Exhibit 2(a), #6 Exhibit 2(b), #7 Exhibit 2(c), #8 Exhibit 3, #9 Exhibit 4(a), #10 Exhibit 4(b), #11 Exhibit 4(c), #12 Exhibit 5, #13 Exhibit 6, #14 Exhibit 7, #15 Exhibit 8, #16 Exhibit 9, #17 Exhibit List)(Renne, James)
July 3, 2023 Opinion or Order Filing 48 ORDER striking Plaintiff's #46 Motion to File Exhibits Under Seal and striking #47 Second Motion for Leave to File Second Amended Complaint. As to the first-filed document, plaintiff did not comply with the procedure set forth in D. Kan. Rule 5.4.2. In the second-filed document, plaintiff filed exhibits in the public record that defendant reportedly designated as "Confidential," which violates the provision in the protective order requiring a "party that seeks to file any document containing Confidential Information" to "take appropriate action to ensure that the document receives proper protection from public disclosure." (ECF 31 Para. 7.) To the extent that plaintiff takes issue with defendant's confidentiality designations, Para. 8 of the protective order sets forth the procedure plaintiff must follow to challenge those confidentiality designations. But unless and until documents are de-designated, plaintiff is required to comply with Para. 7 of the protective order and D. Kan. Rule 5.4.2 in filing any such documents with the court. Signed by Magistrate Judge Angel D. Mitchell on 7/3/2023. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ht)
June 30, 2023 Opinion or Order Filing 47 STRICKEN PER 48 ORDER. MOTION for Leave to Amend Complaint re #5 Amended Complaint, by Plaintiff Justin Stallbaumer (referred to Magistrate Judge Angel D. Mitchell) (Attachments: #1 Proposed Amended Complaint, #2 Exhibit List, #3 Exhibit 1(a), #4 Exhibit 1(b), #5 Exhibit 1(c), #6 Exhibit 2(a), #7 Exhibit 2(b), #8 Exhibit 3, #9 Proposed Sealed Document 4(a), #10 Proposed Sealed Document 4(b), #11 Proposed Sealed Document 4(c), #12 Exhibit 5, #13 Exhibit 6, #14 Exhibit 7, #15 Exhibit 8)(Renne, James) Modified on 7/3/2023 (ca).
June 30, 2023 Opinion or Order Filing 46 STRICKEN PER 48 ORDER. PROVISIONALLY SEALED MOTION - Exhibit to Motion for Leave to Amend by Plaintiff Justin Stallbaumer (referred to Magistrate Judge Angel D. Mitchell) (Attachments: #1 Proposed Sealed Document 1, #2 Proposed Sealed Document 2, #3 Proposed Sealed Document 3)(Renne, James) Modified on 7/3/2023 (ca).
June 30, 2023 Opinion or Order Filing 45 CERTIFICATE OF SERVICE of Defendant's Request for Entry onto Land by Soldier Creek Wind LLC. (Olthoff, Mark)
June 30, 2023 Opinion or Order Filing 44 NOTICE of Defendant's Identification of Parties to Whom Fault May Be Compared by Soldier Creek Wind LLC (Olthoff, Mark)
June 14, 2023 Opinion or Order Filing 43 PHASE II SCHEDULING ORDER: Estimated trial time 5 days. Discovery deadline 11/22/2023. Proposed Pretrial Order due by 12/4/2023. Final Pretrial Conference set for 12/14/2023 at 01:30 PM by Telephone ADM - CONFERENCE LINE 1-888-363-4749 ACCESS CODE 3977627 before Magistrate Judge Angel D. Mitchell. Dispositive motion deadline 1/10/2024. Signed by Magistrate Judge Angel D. Mitchell on 06/14/2023. (kmc)
June 1, 2023 Opinion or Order Filing 42 ORDER. The Phase I Scheduling Order directed the parties to meet and confer and submit a proposed scheduling order within 14 days after the district judge's ruling on the pending motion to dismiss. (ECF 18.) The district judge ruled on the motion to dismiss on May 17, but the parties did not timely submit a proposed scheduling order by May 31. The court orders the parties to submit a proposed scheduling order no later than June 7, 2023. Signed by Magistrate Judge Angel D. Mitchell on 6/1/2023. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(ht)
May 31, 2023 Opinion or Order Filing 41 ANSWER to #5 Amended Complaint, by Soldier Creek Wind LLC.(Olthoff, Mark)
May 17, 2023 Opinion or Order Filing 40 MEMORANDUM AND ORDER. Defendants' Motion to Dismiss the Amended Complaint for Lack of Personal Jurisdiction and Failure to State a Claim (Doc. #13 ) is granted in part and denied in part. The Court dismisses all claims against NEER and NEPM for failure to state a claim. The Court likewise dismisses the RICO, civil conspiracy, and class claims against Soldier Creek. The sole surviving claim is a claim for nuisance against Soldier Creek. Plaintiff's Motion for Leave to File Surreply Brief (Doc. #36 ) and Motion for Leave to File Corrected Exhibit (Doc. #37 ) are denied as moot because Defendants have withdrawn the personal-jurisdiction argument addressed in the proposed surreply. Signed by District Judge Holly L. Teeter on 5/17/2023. (mam)
May 4, 2023 Opinion or Order Filing 39 RESPONSE by Defendants NextEra Energy Project Management LLC, NextEra Energy Resources, LLC re #36 Motion for Leave to file Surreply Brief in Opposition to #13 Motion to Dismiss. (Olthoff, Mark)
April 27, 2023 Opinion or Order Filing 38 ORDER regarding #36 and #37 Motions for Leave. Any response by Defendants is due by May 4, 2023. No replies are permitted. Signed by District Judge Holly L. Teeter on 4/27/2023. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(md)
April 27, 2023 Opinion or Order Filing 37 MOTION for Leave to file [Corrected] Exhibit A to Surreply by Plaintiff Justin Stallbaumer. (Attachments: #1 Exhibit A)(Renne, James)
April 27, 2023 Opinion or Order MOTION REFERRAL to Magistrate Judge REMOVED as to: #36 MOTION for Leave to file SURREPLY TO DEFENDANTS' MOTION TO DISMISS. The motion will be resolved by the District Judge.(ht)
April 27, 2023 Opinion or Order MOTION REFERRAL to Magistrate Judge REMOVED as to: #37 MOTION for Leave to file [Corrected] Exhibit A to Surreply . The motion will be resolved by the District Judge.(ht)
April 26, 2023 Opinion or Order Filing 36 MOTION for Leave to file Surreply Brief in Opposition to #13 Motion to Dismiss by Plaintiff Justin Stallbaumer. (Attachments: #1 Exhibit List, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N, #16 Exhibit O) (Renne, James)
April 25, 2023 Opinion or Order Filing 35 ORDER regarding ADR. Having reviewed the parties' confidential settlement reports, the court vacates the court-ordered mediation deadline of June 15, 2023. (ECF 18, at 3.) The court encourages the parties to continue to explore the possibility of settlement and, if they have not resolved the case before the pretrial conference, the court will revisit the possibility of court-ordered ADR with them at that time. Signed by Magistrate Judge Angel D. Mitchell on 4/25/2023. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(ht)
February 4, 2023 Opinion or Order Filing 34 CERTIFICATE OF SERVICE of Discovery/Third-Party Subpoena by Justin Stallbaumer. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Renne, James)
February 1, 2023 Opinion or Order Filing 33 CERTIFICATE OF SERVICE of First Set of Interrogatories and First Requests for Production of Documents to Plaintiff by Soldier Creek Wind LLC. (Olthoff, Mark)
January 31, 2023 Opinion or Order Filing 32 ESI PROTOCOL ORDER granting #29 Joint Motion for Entry of Order Concerning a Protocol for Production of Electronically Stored Information ("ESI"). With minor, non-substantive revisions, the court enters the proposed ESI protocol submitted by the parties. Signed by Magistrate Judge Angel D. Mitchell on 1/31/2023. (bal)
January 27, 2023 Opinion or Order Filing 31 PROTECTIVE ORDER granting #26 Joint Motion for Entry of Protective Order. With minor, non-substantive revisions, the court enters the proposed order submitted by the parties. Signed by Magistrate Judge Angel D. Mitchell on 1/27/2023. (bal)
January 27, 2023 Opinion or Order Filing 30 EXHIBIT in Support of #29 Joint Motion for Order Concerning a Protocol for Production of Electronically Stored Information by Soldier Creek Wind LLC. (Olthoff, Mark) (Modified on 1/27/2023 to correct title per counsel; incorrect event used. (heo))
January 27, 2023 Opinion or Order Filing 29 JOINT MOTION for Order Concerning a Protocol for Production of Electronically Stored Information by Defendant Soldier Creek Wind LLC. (referred to Magistrate Judge Angel D. Mitchell) (Olthoff, Mark)
January 27, 2023 Opinion or Order NOTICE OF DOCKET TEXT MODIFICATION by Deputy Clerk: Per counsel request, document #30 corrected from Stipulation to Exhibit in Support of #29 Motion. (heo)
January 26, 2023 Opinion or Order Filing 28 ORDER granting #27 Motion to Appear Pro Hac Vice of Blair Kenneth Drazic for Justin Stallbaumer pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Signed by Magistrate Judge Angel D. Mitchell on 1/26/2023. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ht)
January 26, 2023 Opinion or Order Filing 27 MOTION for attorney Blair Drazic to appear pro hac vice (Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-5969961.) by Plaintiff Justin Stallbaumer. (referred to Magistrate Judge Angel D. Mitchell) (Attachments: #1 Affidavit, #2 ECF Registration Form)(Renne, James)
January 23, 2023 Opinion or Order Filing 26 JOINT MOTION for Protective Orderby Defendant Soldier Creek Wind LLC. (referred to Magistrate Judge Angel D. Mitchell) (Attachments: #1 Exhibit A) (Olthoff, Mark)
January 9, 2023 Opinion or Order Filing 25 REPLY TO RESPONSE TO MOTION by Defendants NextEra Energy Project Management LLC, NextEra Energy Resources, LLC, Soldier Creek Wind LLC re: #13 Motion to Dismiss/Lack of Jurisdiction Defendants Nextera Energy Resources, LLC, Nextera Project Management LLC, and Soldier Creek Wind, LLC's Reply Memorandum in Support of Motion to Dismiss (Attachments: #1 Exhibit A)(Olthoff, Mark)
December 31, 2022 Opinion or Order Filing 24 NOTICE OF SERVICE by Justin Stallbaumer of Subpoena (Attachments: #1 Exhibit Subpoena, #2 Exhibit Appendix A)(Renne, James)
December 30, 2022 Opinion or Order Filing 23 ORDER denying without prejudice 20 Joint Motion Requesting the Entry of a Protective Order. Signed by Magistrate Judge Angel D. Mitchell on 12/30/2022. (Attachments: #1 Exhibit A) (kas)
December 28, 2022 Opinion or Order Filing 22 ORDER granting #21 Motion for Leave to File Excess Pages. Signed by District Judge Holly L. Teeter on 12/28/2022. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (md)
December 27, 2022 Opinion or Order Filing 21 Unopposed MOTION for Leave to File Excess Pages by Defendant NextEra Energy Resources, LLC (Olthoff, Mark)
December 27, 2022 Opinion or Order Filing 20 Joint Motion Requesting the Entry of a Protective Order. In accordance with the Guidelines for Agreed Protective Orders, the parties jointly moved for the entry of a protective order by emailing a copy of their proposed order to the Magistrate Judge's chambers on December 23, 2022. (referred to Magistrate Judge Angel D. Mitchell) (bal)
December 27, 2022 Opinion or Order MOTION REFERRAL to Magistrate Judge REMOVED as to #21 Unopposed MOTION for Leave to File Excess Pages. The motion will be resolved by the District Judge. (bal)
December 12, 2022 Opinion or Order Filing 19 RESPONSE by Plaintiff Justin Stallbaumer re #13 Motion to Dismiss/Lack of Jurisdiction (Attachments: #1 Exhibit List, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E.1, #7 Exhibit E.2, #8 Exhibit E.3, #9 Exhibit F.1, #10 Exhibit F.2, #11 Exhibit G, #12 Exhibit H, #13 Exhibit I.1, #14 Exhibit I.2, #15 Exhibit I.3, #16 Exhibit I.4, #17 Exhibit J, #18 Exhibit K, #19 Exhibit L, #20 Exhibit M, #21 Exhibit N.1, #22 Exhibit N.2, #23 Exhibit N.3, #24 Exhibit N.4, #25 Exhibit N.5, #26 Exhibit N.6, #27 Exhibit N.7, #28 Exhibit N.8, #29 Exhibit O.1, #30 Exhibit O.2, #31 Exhibit P)(Renne, James)
December 12, 2022 Opinion or Order Filing 18 PHASE I SCHEDULING ORDER: Mediation Notice or Confidential Settlement Report Due to Magistrate Judge on 4/7/2023. Mediation deadline 6/15/2023. See Order for other deadlines. Within 14 days after the district judge's ruling on defendants' pending motions to dismiss, the parties must meet and confer and then submit a proposed scheduling order with their requested remaining case management deadlines. Signed by Magistrate Judge Angel D. Mitchell on 12/12/2022. (ht)
December 12, 2022 Opinion or Order Filing 17 MINUTE ENTRY for proceedings held before Magistrate Judge Angel D. Mitchell: SCHEDULING CONFERENCE held on 12/12/2022. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ht)
December 9, 2022 Opinion or Order Filing 16 ORDER granting #15 MOTION FOR LEAVE to File Out of Time. Response deadline is on or before 12/12/2022. Reply deadline is on or before 1/9/2023. Signed by District Judge Holly L. Teeter on 12/9/2022. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(md)
December 8, 2022 Opinion or Order Filing 15 MOTION for Extension of Time to File Response/Reply as to #13 MOTION to Dismiss for Lack of Jurisdiction (Personal) and For Failure to State a Claim by Plaintiff Justin Stallbaumer (Attachments: #1 Exhibit A)(Renne, James) Modified on 12/8/2022 to remove referral information (sz). Modified on 12/8/2022 to change motion type (sz).
December 8, 2022 Opinion or Order MOTION REFERRAL to Magistrate Judge REMOVED as to: #15 MOTION for Extension of Time to File Response/Reply as to #13 MOTION to Dismiss for Lack of Jurisdiction (Personal) and For Failure to State a Claim . The motion will be resolved by the District Judge.(ht)
November 14, 2022 Opinion or Order Filing 14 MEMORANDUM IN SUPPORT of #13 MOTION to Dismiss for Lack of Jurisdiction (Personal) and For Failure to State a Claim by Defendants NextEra Energy Project Management LLC, NextEra Energy Resources, LLC, Soldier Creek Wind LLC (Attachments: #1 Exhibit 1 - Declaration of Charlotte Anderson, #2 Exhibit 2, #3 Exhibit 3, #4 Ryan Legge Declaration, #5 Holly Long Declaration, #6 Marc Woods Declaration)(Sear, Timothy)
November 14, 2022 Opinion or Order Filing 13 MOTION to Dismiss for Lack of Jurisdiction (Personal) and For Failure to State a Claim by Defendants NextEra Energy Project Management LLC, NextEra Energy Resources, LLC, Soldier Creek Wind LLC (Sear, Timothy)
November 14, 2022 Opinion or Order Filing 12 ENTRY OF APPEARANCE by Phillip James Richard Zeeck on behalf of NextEra Energy Project Management LLC, NextEra Energy Resources, LLC, Soldier Creek Wind LLC. (Zeeck, Phillip)
November 14, 2022 Opinion or Order Filing 11 ENTRY OF APPEARANCE by Mark A. Olthoff on behalf of NextEra Energy Project Management LLC, NextEra Energy Resources, LLC, Soldier Creek Wind LLC. (Olthoff, Mark)
November 2, 2022 Opinion or Order Filing 10 INITIAL ORDER REGARDING PLANNING AND SCHEDULING: Scheduling Conference set for 12/12/2022 at 11:00 AM in Telephone ADM - CONFERENCE LINE 1-888-363-4749 ACCESS CODE 3977627 before Magistrate Judge Angel D. Mitchell. Rule 26 Planning Conference Deadline 11/21/2022. Rule 26 Initial Disclosures Deadline set for 12/2/2022. Proposed Scheduling Order Deadline 12/2/2022. Signed by Magistrate Judge Angel D. Mitchell on 11/2/2022. (ht)
September 15, 2022 Opinion or Order Filing 9 WAIVER OF SERVICE Returned Executed by NextEra Energy Project Management LLC. NextEra Energy Project Management LLC waiver sent on 9/15/2022, answer due 11/14/2022. (Sear, Timothy)
September 15, 2022 Opinion or Order Filing 8 WAIVER OF SERVICE Returned Executed by Soldier Creek Wind LLC. Soldier Creek Wind LLC waiver sent on 9/15/2022, answer due 11/14/2022. (Sear, Timothy)
September 15, 2022 Opinion or Order Filing 7 WAIVER OF SERVICE Returned Executed by NextEra Energy Resources, LLC. NextEra Energy Resources, LLC waiver sent on 9/15/2022, answer due 11/14/2022. (Sear, Timothy)
August 30, 2022 Opinion or Order Filing 6 CLERKS ORDER EXTENDING TIME until 9/21/2022 for Defendants NextEra Energy Resources, LLC, Soldier Creek Wind LLC to answer or otherwise plead. Signed by deputy clerk on 8/30/2022. (jk)
August 22, 2022 Opinion or Order Filing 5 AMENDED COMPLAINT against All Defendants, filed by Justin Stallbaumer. (Attachments: #1 Exhibit A-1, #2 Exhibit A-2, #3 Exhibit A-3(i), #4 Exhibit A-3(ii), #5 Exhibit A-3(iii), #6 Exhibit B, #7 Exhibit C, #8 Exhibit D, #9 Exhibit E, #10 Exhibit F, #11 Exhibit G, #12 Exhibit H, #13 Exhibit List)(Renne, James)
August 22, 2022 Opinion or Order SUMMONS ISSUED as to NextEra Energy Project Management LLC. (issued to Attorney for service) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry) (ada) Modified on 8/22/2022 (ada).
August 15, 2022 Opinion or Order SUMMONS ISSUED as to NextEra Energy Resources, LLC, 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)
May 26, 2022 Opinion or Order Filing 4 MINUTE ORDER REASSIGNING CASE: Case reassigned to Magistrate Judge Angel D. Mitchell for all further proceedings. Magistrate Judge Kenneth G. Gale no longer assigned to case. Signed by deputy clerk on 5/26/2022. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (mam)
May 20, 2022 Opinion or Order Filing 3 ORDER REASSIGNING CASE: Case reassigned to District Judge Holly L. Teeter for all further proceedings. District Judge John W. Lungstrum no longer assigned to case. Signed by District Judge John W. Lungstrum on 5/20/22. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(ss)
May 20, 2022 Opinion or Order NOTICE OF JUDGE ASSIGNMENT: Case assigned to District Judge John W. Lungstrum and Magistrate Judge Kenneth G. Gale for all proceedings. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (jsh)
May 19, 2022 Opinion or Order Filing 2 NOTICE of Designation of Trial Location by Justin Stallbaumer. Plaintiff designates Topeka, KS as place of trial. (Renne, James)
May 19, 2022 Opinion or Order Filing 1 COMPLAINT with trial location of Topeka ( Filing fee $402, Internet Payment Receipt Number BKSDC-5784370.), filed by Justin Stallbaumer. (Attachments: #1 Civil Cover Sheet)(Renne, James)

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Search for this case: Stallbaumer v. NextEra Energy Resources, LLC et al
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Plaintiff: Justin Stallbaumer
Represented By: James Renne
Represented By: Blair Kenneth Drazic
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Defendant: NextEra Energy, Inc.
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Defendant: NextEra Energy Resources, LLC
Represented By: Timothy J. Sear
Represented By: Mark A. Olthoff
Represented By: Phillip James Richard Zeeck
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Defendant: NextEra Energy Capital Holdings, Inc.
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Defendant: NextEra Energy Constructors LLC
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Defendant: NextEra Energy Operating Services LLC
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Defendant: NextEra Energy Project Management LLC
Represented By: Timothy J. Sear
Represented By: Mark A. Olthoff
Represented By: Phillip James Richard Zeeck
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Defendant: Soldier Creek Wind LLC
Represented By: Timothy J. Sear
Represented By: Mark A. Olthoff
Represented By: Phillip James Richard Zeeck
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Defendant: NEER
Represented By: Timothy J. Sear
Represented By: Mark A. Olthoff
Represented By: Phillip James Richard Zeeck
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Defendant: Jane Doe 1-5
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Petitioner: Jackson County, Kansas
Represented By: Lee W. Hendricks
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Petitioner: Keith Kelly
Represented By: Lee W. Hendricks
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Petitioner: Dan Brenner
Represented By: Lee W. Hendricks
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Petitioner: Mark Pruett
Represented By: Lee W. Hendricks
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