Waste Services of the Bluegrass, LLC et al v. Georgetown, KY City of et al
| Waste Services of the Bluegrass, LLC and Waste Services Realty, LLC |
| John Does 1-25, Joe Kane, Joe Pat Covington, Georgetown Scott County Planning Commission, Fiscal Court Scott County, Kentucky, Tom Prather, Georgetown, KY City of and Commonwealth of Kentucky, Energy and Environment Cabinet |
| 5:2020cv00410 |
| October 1, 2020 |
| US District Court for the Eastern District of Kentucky |
| Karen K Caldwell |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 28, 2024. A more recent docket listing may be available from PACER.
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***MOTION SUBMITTED TO CHAMBERS of Judge Karen Caldwell for review: re #49 MOTION for Reconsideration re #47 Memorandum Opinion & Order, #48 Judgment, by Waste Services Realty, LLC, Waste Services of the Bluegrass, LLC (KCF)
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Filing 53
REPLY to Response to Motion re #49 MOTION for Reconsideration re #47 Memorandum Opinion & Order, #48 Judgment, by Waste Services Realty, LLC, Waste Services of the Bluegrass, LLC filed by Waste Services Realty, LLC, Waste Services of the Bluegrass, LLC. (Latherow, Leigh)
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Filing 52
ORDER: GRANTING #51 Motion for Extension of Time to File Response/Reply. The Ptf's have until 6/7/23 to file their Reply. Signed by Judge Karen K. Caldwell on 06/01/2023. (KCF)cc: COR
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***MOTION SUBMITTED TO CHAMBERS of Judge Karen Caldwell for review: re #51 MOTION for Extension of Time to File Response/Reply by Waste Services Realty, LLC, Waste Services of the Bluegrass, LLC (KCF)
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Filing 51
MOTION for Extension of Time to File Response/Reply by Waste Services Realty, LLC, Waste Services of the Bluegrass, LLC (Attachments: #1 Proposed Order)(Latherow, Leigh)
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Filing 50
RESPONSE in Opposition re #49 MOTION for Reconsideration re #47 Memorandum Opinion & Order, #48 Judgment, by Waste Services Realty, LLC, Waste Services of the Bluegrass, LLC filed by Joe Pat Covington(in his official capacity as Scott County Judge/Executive), Joe Pat Covington(individually), Georgetown Scott County Planning Commission, Joe Kane(in his official capacity as Director of the Georgetown-Scott County Planning Commission), Joe Kane(individually), Fiscal Court Scott County, Kentucky. (Attachments: #1 Proposed Order)(Stilz, D.)
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Filing 49
MOTION for Reconsideration re #47 Memorandum Opinion & Order, #48 Judgment, by Waste Services Realty, LLC, Waste Services of the Bluegrass, LLC (Attachments: #1 Proposed Order)(Latherow, Leigh)
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Filing 48
JUDGMENT:1. All claims against all defendants are DISMISSED with prejudice;2. This action is DISMISSED and STRICKEN from the Court's active docket;3. This judgment is FINAL and APPEALABLE.. Signed by Judge Karen K. Caldwell on 03/31/2023.(KCF)cc: COR
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Filing 47
OPINION & ORDER:The Court hereby ORDERS that the Defendants' motion to dismiss #40 is GRANTED and all claims asserted by Waste Services are DISMISSED.. Signed by Judge Karen K. Caldwell on 03/31/2023.(KCF)cc: COR
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***MOTION SUBMITTED TO CHAMBERS of Judge Karen K. Caldwell for review: re #40 MOTION to Dismiss by Joe Pat Covington(in his official capacity as Scott County Judge/Executive), Joe Pat Covington(individually), Georgetown Scott County Planning Commission, Joe Kane(in his official capacity as Director of the Georgetown-Scott Coun (KJR)
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Filing 46
REPLY to Response to Motion re #40 MOTION to Dismiss by Joe Pat Covington(in his official capacity as Scott County Judge/Executive), Joe Pat Covington(individually), Georgetown Scott County Planning Commission, Joe Kane(in his official capacity as Director of the Georgetown-Scott Coun filed by Joe Pat Covington(in his official capacity as Scott County Judge/Executive), Joe Pat Covington(individually), Georgetown Scott County Planning Commission, Joe Kane(in his official capacity as Director of the Georgetown-Scott County Planning Commission), Joe Kane(individually), Fiscal Court Scott County, Kentucky. (Stilz, D.)
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Filing 45
ORDER: granting #44 UNOPPOSED MOTION for Extension of Time to File Response/Reply as to #40 MOTION to Dismiss by Joe Pat Covington(in his official capacity as Scott County Judge/Executive), Joe Pat Covington(individually), Georgetown Scott County Planning Commission filed by Joe Pat Covington, Georgetown Scott County Planning Commission, Joe Kane, Fiscal Court Scott County, Kentucky. The Scott County Defendants shall have until June 2, 2022, to file a reply brief in support of their motion to dismiss. Signed by Judge Karen K. Caldwell on 5/31/22.(JLM)cc: COR
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Filing 44
UNOPPOSED MOTION for Extension of Time to File Response/Reply as to #40 MOTION to Dismiss by Joe Pat Covington(in his official capacity as Scott County Judge/Executive), Joe Pat Covington(individually), Georgetown Scott County Planning Commission, Joe Kane(in his official capacity as Director of the Georgetown-Scott Coun by Joe Pat Covington(in his official capacity as Scott County Judge/Executive), Joe Pat Covington(individually), Georgetown Scott County Planning Commission, Joe Kane(in his official capacity as Director of the Georgetown-Scott County Planning Commission), Joe Kane(individually), Fiscal Court Scott County, Kentucky (Attachments: #1 Proposed Order)(Stilz, D.)
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***MOTION SUBMITTED TO CHAMBERS of Judge Karen K. Caldwell for review: re #44 UNOPPOSED MOTION for Extension of Time to File Response/Reply as to #40 MOTION to Dismiss by Joe Pat Covington(in his official capacity as Scott County Judge/Executive), Joe Pat Covington(individually), Georgetown Scott County Planning Commission (KJR)
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Filing 43
RESPONSE in Opposition re #40 MOTION to Dismiss by Joe Pat Covington(in his official capacity as Scott County Judge/Executive), Joe Pat Covington(individually), Georgetown Scott County Planning Commission, Joe Kane(in his official capacity as Director of the Georgetown-Scott Coun filed by Waste Services Realty, LLC, Waste Services of the Bluegrass, LLC. (Attachments: #1 Proposed Order Proposed Order, #2 Exhibit Exhibit 1-Affidavit of Greg Elkins)(Latherow, Leigh)
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Filing 42
ORDER: GRANTING pla's #41 MOTION for Extension of Time to File Response; that plas have until 5/16/22 to file a response to dft's #40 MOTION to Dismiss. Signed by Judge Karen K. Caldwell on 5/2/22.(KJR)cc: COR
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Filing 41
MOTION for Extension of Time to File Response/Reply by Waste Services of the Bluegrass, LLC (Attachments: #1 Proposed Order)(Latherow, Leigh)
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Filing 40
RENEWED MOTION to Dismiss by Joe Pat Covington(in his official capacity as Scott County Judge/Executive), Joe Pat Covington(individually), Georgetown Scott County Planning Commission, Joe Kane(in his official capacity as Director of the Georgetown-Scott County Planning Commission), Joe Kane(individually), Fiscal Court Scott County, Kentucky. (Attachments: #1 Memorandum in Support, #2 Exhibit 1 - Final Secretary's Order, #3 Proposed Order)(Stilz, D.) Modified text on 4/14/2022 (KJR).
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Filing 39
ORDER: The Court GRANTS #38 UNOPPOSED MOTION for Extension of Time. The Scott County Defendant shall have until 4/13/2022 to file any renewed motions to dismiss. Signed by Judge Karen K. Caldwell on 4/5/2022.(KM)cc: COR
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***MOTION SUBMITTED TO CHAMBERS of Judge Karen K. Caldwell for review: re #38 UNOPPOSED MOTION for Extension of Time by Joe Pat Covington(in his official capacity as Scott County Judge/Executive), Joe Pat Covington(individually), Georgetown Scott County Planning Commission, Joe Kane(in his official capacity as Director of the G (KJR)
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Filing 38
UNOPPOSED MOTION for Extension of Time by Joe Pat Covington(in his official capacity as Scott County Judge/Executive), Joe Pat Covington(individually), Georgetown Scott County Planning Commission, Joe Kane(in his official capacity as Director of the Georgetown-Scott County Planning Commission), Joe Kane(individually), Fiscal Court Scott County, Kentucky to file renewed motion to dismiss (Attachments: #1 Proposed Order)(Stilz, D.)
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Filing 37
ORDER: 1. The Defendant's #32 MOTION for Leave to File renewed motions to dismiss is GRANTED; 2. the Court's order for the parties to meet & report entered 1/24/2022 is VACATED; and 3. any motions to dismiss MUST BE FILED within 21 days of the entry date of this order with response & reply times pursuant to the the Local Rule. Signed by Judge Karen K. Caldwell on 3/16/2022.(KM)cc: COR
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***MOTION SUBMITTED TO CHAMBERS of Judge Karen K. Caldwell for review: re #32 MOTION for Leave to File by Joe Pat Covington(in his official capacity as Scott County Judge/Executive), Joe Pat Covington(individually), Joe Kane(in his official capacity as Director of the Georgetown-Scott County Planning Commission), Joe Kane(individually), Fiscal Court Scott County Ky. (JER)
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***FILE SUBMITTED TO CHAMBERS of Judge Karen K. Caldwell for review: #36 Answer to Complaint, (JER)
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Filing 36
ANSWER to #1 Complaint,,,,, by Joe Pat Covington(in his official capacity as Scott County Judge/Executive), Joe Pat Covington(individually), Joe Kane(in his official capacity as Director of the Georgetown-Scott County Planning Commission), Joe Kane(individually), Fiscal Court Scott County, Kentucky.(Stilz, D.)
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Filing 35
REPLY to Response to Motion re #32 MOTION for Leave to File by Joe Pat Covington(in his official capacity as Scott County Judge/Executive), Joe Pat Covington(individually), Joe Kane(in his official capacity as Director of the Georgetown-Scott County Planning Commission), Joe Kane(indi Renewed Motion to Dismiss filed by Joe Pat Covington(in his official capacity as Scott County Judge/Executive), Joe Pat Covington(individually), Joe Kane(in his official capacity as Director of the Georgetown-Scott County Planning Commission), Joe Kane(individually), Fiscal Court Scott County, Kentucky. (Attachments: #1 Exhibit 1 - 2021 04 23 Opinion Affirming, #2 Exhibit 2 - Stipulation of Dismissal, #3 Exhibit 3 - Opinion & Order, #4 Exhibit 4 - Final Secretary's Order, #5 Exhibit 5 - 2021 04 13 Order)(Stilz, D.)
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***FILE SUBMITTED TO CHAMBERS of Judge Karen K. Caldwell for review: #34 Status Report (JER)
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Filing 34
JOINT STATUS REPORT Joint Planning Meeting by Waste Services of the Bluegrass, LLC. (Latherow, Leigh)
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Filing 33
RESPONSE to Motion re #32 MOTION for Leave to File by Joe Pat Covington(in his official capacity as Scott County Judge/Executive), Joe Pat Covington(individually), Joe Kane(in his official capacity as Director of the Georgetown-Scott County Planning Commission), Joe Kane(indi Waste Services' Response and Objection to Defendants' Motion for Leave to File Renewed Motion to Dismiss filed by Waste Services of the Bluegrass, LLC. (Attachments: #1 Proposed Order Proposed Order denying Scott County Defendants Motion for Leave to File Renewed Motion to Dismiss)(Latherow, Leigh)
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Filing 32
MOTION for Leave to File by Joe Pat Covington(in his official capacity as Scott County Judge/Executive), Joe Pat Covington(individually), Joe Kane(in his official capacity as Director of the Georgetown-Scott County Planning Commission), Joe Kane(individually), Fiscal Court Scott County, Kentucky Renewed Motion to Dismiss (Attachments: #1 Proposed Order)(Stilz, D.)
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Filing 31
ORDER: 1. Within 21 days parties shall meet and develop a proposed discovery plan; 2. Within 14 days of meeting parties shall file a joint status report. Signed by Judge Karen K. Caldwell on 1/24/2022.(KM)cc: COR
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***FILE SUBMITTED TO CHAMBERS of Judge Karen K. Caldwell for review: #30 Notice (JER)
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Filing 30
NOTICE by Waste Services of the Bluegrass, LLC Notice of Finality (Latherow, Leigh)
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Filing 29
NOTICE by Waste Services of the Bluegrass, LLC Notice of Finality (Latherow, Leigh)
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***FILE SUBMITTED TO CHAMBERS of Judge Caldwell for review: #29 Notice of Finality (JLM)
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Clerk's Note re ECF Mandatory Notice to Joseph A. Newberg. The incorrect attorney profile was originally added to the case for this attorney. Clerk has updated the attorney profile and the Attorney Newberg can disregard the notice sent. (KM)
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Filing 28
OPINION & ORDER: 1. The Motion to Dismiss #18 by City of Georgetown and Mayor Tom Prather is GRANTED. All claims against these DEFENDANTS are DISMISSED and these defendants are DISMISSED from this action. 2. The #20 MOTION to dismiss by County and Planning Commission Defendants is GRANTED in part and DENIED in part as follows: a. Count IX (request for a declaration that the Amended SWMP is invalid) and Count X (requested for injunction prohibiting Scott County from treating the Amended SWMP as valid) against these defendants are DISMISSED pursuant to the Burford abstention doctrine; b. Motion is otherwise DENIED. 3. Waste Services constitutional claims (Counts I, II, III, and XI) and breach-of-contract claim (Count VII) against the Planning Commission and County Defendants, to the extent Waste Services seeks compensatory damage s for these claims, and its request for a declaratory judgment (Count VIII) are STAYED pending resolution of the various state court and administrative proceedings discussed in the opinion. 4. Waste Services SHALL FILE notice with Court w/in 14 days of resolution of each state court and administrative proceedings. 5. Waste Services' Motion for preliminary injunction #3 is DENIED. By Agreed Order #23 parties previously dismissed claims against Cabinet. Sole claims remaining are against County and Planning Commission Defendants which are stayed pursuant to paragraph 3 of this Order. Signed by Judge Karen K. Caldwell on 4/16/2021.(GLD)cc: COR
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NOTICE OF MANDATORY ECF DIRECTED TO Thomas J. Fitzgerald: an Order was mailed to a non-registered attorney, which is in violation of the Federal Rules of Civil Procedure. The referenced document is: #28 Opinion & Order. IMPORTANT NOTICE: You are required to electronically file and receive electronic service from the court's automated Electronic Case Filing (ECF) system. If you are not a registered Filing User for the Court's ECF system, please visit the Court's website at www.kyed.uscourts.gov for information and/or training. For additional assistance contact the Help Desk at 1-866-485-6349. Failure to comply may result in this matter being submitted to the Chief Judge. cc: COR, Thomas J. Fitzgerald by US Mail with ECF Registration Form (GLD)
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NOTICE OF MANDATORY ECF DIRECTED TO Joseph A. Newberg: an Order was mailed to a non-registered attorney, which is in violation of the Federal Rules of Civil Procedure. The referenced document is: #28 Opinion & Order,. IMPORTANT NOTICE: You are required to electronically file and receive electronic service from the court's automated Electronic Case Filing (ECF) system. If you are not a registered Filing User for the Court's ECF system, please visit the Court's website at www.kyed.uscourts.gov for information and/or training. For additional assistance contact the Help Desk at 1-866-485-6349. Failure to comply may result in this matter being submitted to the Chief Judge. cc: COR, Joseph A. Newberg by US Mail with ECF Registration Form (GLD)
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Party Tom Prather (individually), Georgetown, KY City of and Tom Prather (in his official capacity as Mayor) terminated. (GLD)
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***FILE SUBMITTED TO CHAMBERS of Judge Karen K. Caldwell for review: #27 Notice of Filing, (GLD)
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Filing 27
NOTICE OF FILING TENDERED DOCUMENTS by Georgetown, KY City of, Tom Prather(in his official capacity as Mayor), Tom Prather(individually) Supplemental Documents (Attachments: #1 Attachment Correspondence dated 3/4/21, #2 Attachment Second Amendment Agreement)(Cole, Charles) Modified on 3/22/2021 (GLD).
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***MOTION SUBMITTED TO CHAMBERS of Judge Karen K. Caldwell for review: re #20 MOTION to Dismiss by Joe Pat Covington(in his official capacity as Scott County Judge/Executive), Joe Pat Covington(individually), Georgetown Scott County Planning Commission, Joe Kane(in his official capacity as Director of the Georgetown-Scott Coun (GLD)
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Filing 26
REPLY to Response to Motion re #20 MOTION to Dismiss by Joe Pat Covington(in his official capacity as Scott County Judge/Executive), Joe Pat Covington(individually), Georgetown Scott County Planning Commission, Joe Kane(in his official capacity as Director of the Georgetown-Scott Coun filed by Joe Pat Covington(in his official capacity as Scott County Judge/Executive), Joe Pat Covington(individually), Georgetown Scott County Planning Commission, Joe Kane(in his official capacity as Director of the Georgetown-Scott County Planning Commission), Joe Kane(individually), Fiscal Court Scott County, Kentucky. (Stilz, D.)
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Filing 25
RESPONSE to Motion re #20 MOTION to Dismiss by Joe Pat Covington(in his official capacity as Scott County Judge/Executive), Joe Pat Covington(individually), Georgetown Scott County Planning Commission, Joe Kane(in his official capacity as Director of the Georgetown-Scott Coun filed by Waste Services Realty, LLC, Waste Services of the Bluegrass, LLC. (Schuette, Scott)
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***MOTION SUBMITTED TO CHAMBERS of Judge Karen K. Caldwell for review: re #18 MOTION to Dismiss by Georgetown, KY City of, Tom Prather(in his official capacity as Mayor), Tom Prather(individually) (GLD)
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Filing 24
REPLY to Response to Motion re #18 MOTION to Dismiss by Georgetown, KY City of, Tom Prather(in his official capacity as Mayor), Tom Prather(individually) filed by Georgetown, KY City of, Tom Prather(in his official capacity as Mayor), Tom Prather(individually). (Attachments: #1 Exhibit A - Central Kentucky Landfill - Waste Services of the Bluegrass-About Us page & GIS MAP, #2 Exhibit B - OAG 69-177, #3 Exhibit C - Thomas A. Nanney, Esq., 1982 Ky. Op. Atty. Gen. 2-263 (1982))(Cole, Charles)
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Filing 23
AGREED ORDER of Dismissal Of Plaintiffs' Claims Against Commonwealth of Kentucky, Energy and Environment Cabinet: Upon agreement of parties, plaintiff's claims against Cabinet set forth in Complaint are DISMISSED WITHOUT PREJUDICE. Nothing in Agreed Order of Dismissal shall impact any rights of Plaintiffs from proceeding against remaining Defendant. Signed by Judge Karen K. Caldwell on 12/21/2020.(GLD)cc: COR
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***MOTION SUBMITTED TO CHAMBERS of Judge Karen K. Caldwell for review: re #22 Proposed Agreed Order of Dismissal without prejudice of Commonwealth by Waste Services Realty, LLC, Waste Services of the Bluegrass, LLC (GLD)
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Filing 22
Proposed Agreed Order of Dismissal without prejudice of Commonwealth by Waste Services Realty, LLC, Waste Services of the Bluegrass, LLC., Commonwealth of Kentucky, Energy and Environment Cabinet (Latherow, Leigh) Modified to add filers on 12/21/2020 (GLD).
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Filing 21
RESPONSE to Motion re #18 MOTION to Dismiss by Georgetown, KY City of, Tom Prather(in his official capacity as Mayor), Tom Prather(individually) filed by Waste Services Realty, LLC, Waste Services of the Bluegrass, LLC. (Attachments: #1 Exhibit Request for Proposal, #2 Exhibit Public Hearing of Energy & Environment Cabinet, #3 Exhibit Bylaws, #4 Exhibit Zoning Ordinance, #5 Exhibit Articles of Merger, #6 Exhibit Checks)(Woodall, Jon)
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Filing 20
MOTION to Dismiss by Joe Pat Covington(in his official capacity as Scott County Judge/Executive), Joe Pat Covington(individually), Georgetown Scott County Planning Commission, Joe Kane(in his official capacity as Director of the Georgetown-Scott County Planning Commission), Joe Kane(individually), Fiscal Court Scott County, Kentucky (Attachments: #1 Memorandum in Support, #2 Exhibit 1 - Smith Certification, #3 Exhibit 2 - Notice of Administrative Appeal, #4 Exhibit 3 - SCBOA Appeal, #5 Exhibit 4 - Scott Circuit Court Opinion and Order, #6 Exhibit 5 - Zone Change Appeal, #7 Exhibit 6 - Permit Appeal, #8 Exhibit 7 - Resolution 20-13, #9 Exhibit 8 - Resolution 20-15, #10 Exhibit 9 - Petition for Reiview SWMP, #11 Exhibit 10 - 09.14.2020 Letter, #12 Exhibit 11 - Petition for Review App. Return, #13 Proposed Order)(Stilz, D.)
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Filing 19
MOTION to Dismiss for Lack of Jurisdiction by Commonwealth of Kentucky, Energy and Environment Cabinet (Attachments: #1 Memorandum in Support, #2 Proposed Order)(Cleveland, Daniel)
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Filing 18
MOTION to Dismiss by Georgetown, KY City of, Tom Prather(in his official capacity as Mayor), Tom Prather(individually) (Attachments: #1 Proposed Order, #2 Memorandum in Support, #3 Exhibit 1-A 04-12-17 Waste Services B COMPLAINT 2017, #4 Exhibit 1-B - Motion to Intervene filed by Scott County, #5 Exhibit 1-C - Order granting motion to intervene (filed 7/14/17), #6 Exhibit 1-D 07-13-18 Opinion and Order, #7 Exhibit 1-E 08-09-18 notice of appeal, #8 Exhibit 1-F Courtnet docket - Scott Circuit 17-CI-264, #9 Exhibit 1-G Kentucky Court of Appeals 2018-CA-1225 docket, #10 Exhibit 1-H 2020 08 07 Brief of Scott County Citizens, #11 Exhibit 1-I 2020 05 11 Brief for Appellants, #12 Exhibit 2-A Complaint-Petition, Franklin Circuit 20-CI-332, #13 Exhibit 2-B Courtnet docket - Franklin Circuit 20-CI-332)(Cole, Charles)
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Filing 17
ORDER: By agreement #13 , Commonwealth of Kentucky, Energy and Environment Cabinet's time to answer or respond is extended up to 11/30/2020. Signed by Judge Karen K. Caldwell on 11/16/2020.(GLD)cc: COR
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Filing 16
ORDER: Court GRANTS #14 MOTION for Extension of Time and ORDERS that Scott County defendants have 21 days from date of this Order to file motion to dismiss or otherwise respond to Complaint. Signed by Judge Karen K. Caldwell on 11/16/2020.(GLD)cc: COR
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***MOTION SUBMITTED TO CHAMBERS of Judge Karen K. Caldwell for review: re #14 MOTION for Extension of Time by Joe Pat Covington(in his official capacity as Scott County Judge/Executive), Joe Pat Covington(individually), Joe Kane(in his official capacity as Director of the Georgetown-Scott County Planning Commission), Joe Kane(, #13 Proposed Agreed Order for Extension of Time to File Answer by Commonwealth of Kentucky, Energy and Environment Cabinet by Agreed Order with Plaintiffs (GLD)
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Filing 15
NOTICE OF APPEARANCE by Waste Services Realty, LLC, Waste Services of the Bluegrass, LLC. (Latherow, Leigh)
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Filing 14
MOTION for Extension of Time by Joe Pat Covington(in his official capacity as Scott County Judge/Executive), Joe Pat Covington(individually), Joe Kane(in his official capacity as Director of the Georgetown-Scott County Planning Commission), Joe Kane(individually), Fiscal Court Scott County, Kentucky (Attachments: #1 Exhibit 1 - Covington Affidavit, #2 Exhibit 2 - Nienaber Affidavit, #3 Exhibit 3 - Email from Maclin, #4 Proposed Order)(Stilz, D.)
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Filing 13
PROPOSED AGREED ORDERfor Extension of Time to File Answer by Waste Services of the Bluegrass, LLC; Waste Services Realty, LLC Commonwealth of Kentucky, Energy and Environment Cabinet (Cleveland, Daniel) Modified docket text on 11/16/2020 (GLD).
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Attorney Update. Attorney Lee Scott Archer, Joseph A. Newberg for Commonwealth of Kentucky, Energy and Environment Cabinet added. (JLM)
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Filing 12
NOTICE OF APPEARANCE by Commonwealth of Kentucky, Energy and Environment Cabinet. (Cleveland, Daniel)
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Filing 11
FRCP 7.1 DISCLOSURE STATEMENT by Georgetown, KY City of, Tom Prather(in his official capacity as Mayor), Tom Prather(individually). (Cole, Charles)
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Filing 10
NOTICE of Appearance by Charles David Cole on behalf of Georgetown, KY City of, Tom Prather(in his official capacity as Mayor), Tom Prather(individually) (Cole, Charles)
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Filing 9
SUMMONS Returned Executed by Waste Services of the Bluegrass, LLC, Waste Services Realty, LLC via Personal Service to Commonwealth of Kentucky, Energy and Environment Cabinet served on 10/26/2020, answer due 11/16/2020; Joe Pat Covington(in his official capacity as Scott County Judge/Executive) served on 10/26/2020, answer due 11/16/2020; Joe Pat Covington(individually) served on 10/26/2020, answer due 11/16/2020; Georgetown Scott County Planning Commission served on 10/26/2020, answer due 11/16/2020; Georgetown, KY City of served on 10/26/2020, answer due 11/16/2020; Joe Kane(in his official capacity as Director of the Georgetown-Scott County Planning Commission) served on 10/26/2020, answer due 11/16/2020; Joe Kane(individually) served on 10/26/2020, answer due 11/16/2020; Tom Prather(in his official capacity as Mayor) served on 10/26/2020, answer due 11/16/2020; Tom Prather(individually) served on 10/26/2020, answer due 11/16/2020; Fiscal Court Scott County, Kentucky served on 10/26/2020, answer due 11/16/2020. (Woodall, Jon)
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Filing 8
ORDER: granting #7 Motion to Appear Pro Hac Vice for T. Roe Frazer, II. In the future, counsel is advised to attach a proposed order in accordance with the local rules.. Signed by Judge Karen K. Caldwell on 10/22/2020. (GLD)cc: COR, T. Roe Frazer, II w/ecf registration form
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Filing 7
MOTION for Thomas Roe Frazer, II to Appear Pro Hac Vice by Waste Services Realty, LLC, Waste Services of the Bluegrass, LLC ( Filing fee $125; receipt number 0643-4807098) (Attachments: #1 Exhibit Certificate of Good Standing)(Woodall, Jon)
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BAR STATUS Check completed as to T. Roe Frazer, II re #7 MOTION for Thomas Roe Frazer, II to Appear Pro Hac Vice by Waste Services Realty, LLC, Waste Services of the Bluegrass, LLC ( Filing fee $125; receipt number 0643-4807098). (GLD)
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Filing 6
NOTICE TO ATTORNEY T. Roe Frazer,II by Clerk re: L.R. 83- Attorney Admission procedure w/ a copy of L.R. 83 and Attorney Admission Application (JLM)
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Filing 5
Summons Issued as to Commonwealth of Kentucky, Energy and Environment Cabinet, Joe Pat Covington(in his official capacity as Scott County Judge/Executive), Joe Pat Covington(individually), Georgetown Scott County Planning Commission, Georgetown, KY City of, Joe Kane(in his official capacity as Director of the Georgetown-Scott County Planning Commission), Joe Kane(individually), Tom Prather(in his official capacity as Mayor), Tom Prather(individually), Fiscal Court Scott County, Kentucky; Summons issued and returned to counsel electronically (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons, #5 Summons, #6 Summons)(JLM)
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Filing 4
FRCP 7.1 DISCLOSURE STATEMENT by Waste Services REalty, LLC,Waste Services of the Bluegrass, LLC. (Woodall, Jon) Modified on 10/22/2020 (GLD).
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Filing 3
MOTION and Memorandum of Law in Support of Plaintiffs' Motion for Preliminary Injunction by Waste Services Realty, LLC, Waste Services of the Bluegrass, LLC (Attachments: #1 Proposed Order)(JLM)
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Filing 1
COMPLAINT ( Filing fee $400; receipt number 0643-4790119), filed by Waste Services of the Bluegrass, LLC, Waste Services Realty, LLC. (Attachments: #1 Exhibit A-Agreement for Purchase by Parties, #2 Exhibit B-Host Community Agreement, #3 Exhibit C-Addendum Agreement, #4 Exhibit D-Zoning Ordinance, #5 Exhibit E-Affidavit of Earl W. Smith, #6 Exhibit F-Email to Joe Kane from Earl Smith, #7 Exhibit G-Letter from George Lusby, #8 Exhibit H-Letter from George Lusby to Teresa Maynard, #9 Exhibit I-Host Community Agreement, #10 Exhibit J-Minutes from Scott County Fiscal Court held 12-23-15, #11 Exhibit K-Mutual Settlement Agreemend and Release, #12 Exhibit L-Letter to Skaggs dated 1-18-17, #13 Exhibit M-Scott County Solid Waste Management Plan 5 Year Update, #14 Exhibit N-Letter via email to Jon Maybriar, #15 Exhibit O-Letter to The Honorable Joe Pat Covington, #16 Exhibit P-Proposed Plan Amendment Scott County Area Solid Waste Management Plan, #17 Exhibit Q-Letter to Honorable David T. Royse, #18 Exhibit R-Meeting Notice, #19 Exhibit S-Letter to Hon. Rand Marshall, #20 Exhibit T-Resolution 20-11, #21 Exhibit U-Letter to Hon. Joe Pat Covington, #22 Exhibit V-Letter to Danny Anderson, #23 Civil Cover Sheet)(JLM)
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Conflict Check run. (JLM)
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***MOTION SUBMITTED TO CHAMBERS of Judge Caldwell for review: re #3 MOTION for Preliminary Injunction by Waste Services Realty, LLC, Waste Services of the Bluegrass, LLC (JLM)
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