LEVESQUE et al v. IBERDROLA SA et al
| MICHAEL PLATT, SYLVIA KRAINING, SALLY TRUSSELL, MARK LEVESQUE and CHRISTIE DECKER |
| DOUGLAS HERLING, CENTRAL MAINE POWER COMPANY, IBERDROLA SA and AVANGRID INC |
| 2:2019cv00389 |
| August 23, 2019 |
| US District Court for the District of Maine |
| JON D LEVY |
| JOHN C NIVISON |
| NANCY TORRESEN |
| Contract: Other |
| 18 U.S.C. § 1961 |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 6, 2021. A more recent docket listing may be available from PACER.
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Filing 28
NOTICE of Hearing: Conference of Counsel set for 11/22/2019 at 10:00 AM in Portland Visiting Judge's Chambers before MAGISTRATE JUDGE JOHN C. NIVISON. (MFS)
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Filing 27
ORDER granting #26 Motion to Stay Deadlines; granting #26 Motion for Conference of Counsel. All deadlines are stayed until further order of the Court. The Court will schedule a conference of counsel to discuss the case status and whether the stay of deadlines should continue. By MAGISTRATE JUDGE JOHN C. NIVISON. (NIVISON, JOHN)
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Filing 26
Consent MOTION to Stay All Deadlines and Request for Scheduling Conference with the Court by CHRISTIE DECKER, SYLVIA KRAINING, MARK LEVESQUE, MICHAEL PLATT, SALLY TRUSSELL Responses due by 11/7/2019. (VARGA, ABIGAIL). Added MOTION for Conference of Counsel on 10/17/2019 (akr).
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Filing 25
ORDER OF RECUSAL. JUDGE NANCY TORRESEN recused. Case reassigned to JUDGE JON D. LEVY for all further proceedings. By JUDGE NANCY TORRESEN. (mnw)
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Filing 24
MOTION to Stay by AVANGRID INC, CENTRAL MAINE POWER COMPANY, DOUGLAS HERLING Responses due by 10/24/2019. (Attachments: #1 Affidavit of Matthew Altieri, #2 Exhibit 1 - Bench Analysis, #3 Exhibit 2 - Testimony on Analysis of Customer Accounts, #4 Exhibit 3 - Procedural Order (Scheduling), #5 Exhibit 4 - Procedural Order)(ALTIERI, MATTHEW)
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Filing 23
MOTION to Dismiss for Failure to State a Claim by AVANGRID INC, CENTRAL MAINE POWER COMPANY Responses due by 10/21/2019. (ALTIERI, MATTHEW)
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Set Answer Deadline for IBERDROLA SA - Per Waiver of Service Executed #22: Answer due by 11/12/2019. (mnw)
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Filing 22
WAIVER OF SERVICE Returned Executed by Iberdrola, SA. (VARGA, ABIGAIL)
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Filing 21
CORPORATE DISCLOSURE STATEMENT by CENTRAL MAINE POWER COMPANY. (MCCARTHY, GAVIN)
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Filing 20
CORPORATE DISCLOSURE STATEMENT by AVANGRID INC. (MCCARTHY, GAVIN)
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Filing 19
ACKNOWLEDGEMENT OF SERVICE Executed as to Douglas Herling. (BELLEAU, JAMES)
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Filing 18
WAIVER OF SERVICE Returned Executed for Douglas Herling. (BELLEAU, JAMES)
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Filing 17
ADDITIONAL ATTACHMENTS filed by CENTRAL MAINE POWER COMPANY re #11 State Court Record,,,,, . Main Document: Exhibit 154 Ex. 8 to 2nd Amd Comp OFGEM Decision. (Attachments: #1 Exhibit 155 Ex. 9 to 2nd Amd Comp Blog article, #2 Exhibit 156 Ex. 10 to 2nd Amd Comp Iberdrola Corporate Structure, #3 Exhibit 157 Ex. 11 to 2nd Amd Comp CMP Rebuttal Testimony, #4 Exhibit 158 Ex. 12 to 2nd Amd Comp Letter, #5 Exhibit 159 E. 13 to 2nd Amd Comp Article, #6 Exhibit 160 Ex. 14 to 2nd Amd Comp ARticle, #7 Exhibit 161 Reply in Support of Motion to Amend, #8 Exhibit 162 Order granting Motion to Amend, #9 Exhibit 163 Order granting Extension of Time to Answer Second Amended Complaint)(ALTIERI, MATTHEW)
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Filing 16
ADDITIONAL ATTACHMENTS filed by CENTRAL MAINE POWER COMPANY re #11 State Court Record,,,,, . Main Document: Exhibit 128 Affidavit of S. Krainin. (Attachments: #1 Exhibit 129 Ex. A to Krainin Aff. Invoice, #2 Exhibit 130 Ex. B to Krainin Aff. Invoice, #3 Exhibit 131 Ex. C to Krainin Aff. Invoice, #4 Exhibit 132 Ex. D to Krainin Aff. Invoice, #5 Exhibit 133 Ex. E to Krainin Aff. Document re Important Information, #6 Exhibit 134 Affidavit of S. Trussell, #7 Exhibit 135 Ex. A to Trussell Aff. Billing and Payment History, #8 Exhibit 136 Ex. B to Trussell Aff. Invoice, #9 Exhibit 137 Ex. C. to Trussell Aff. Invoice, #10 Exhibit 138 Ex. D to Trussell Aff. Invoice, #11 Exhibit 139 Ex. E to Trussell Aff. Invoice, #12 Exhibit 140 Affidavit to P. Murray, #13 Exhibit 141 Plaintiffs' Supplemental Brief with new evidence, #14 Exhibit 142 Order on Motion to Reconsider, #15 Exhibit 143 Motion to Amend Complaint, #16 Exhibit 144 Response to Motion to Amend, #17 Exhibit 145 Second Amended Complaint, #18 Exhibit 146 List of Exhibits Attached to Second Amended Complaint, #19 Exhibit 147 Ex. 1 to 2nd Amd Comp Avangrid Corporate Info, #20 Exhibit 148 Ex. 2 to 2nd Amd Comp CMP company overview, #21 Exhibit 149 Ex. 3 to 2nd Amd Comp Avangrid 10-K form, #22 Exhibit 150 Ex. 4 to 2nd Amd Comp Article, #23 Exhibit 151 Ex. 5 to 2nd Amd Comp Document Who Are We?, #24 Exhibit 152 Ex. 6 to 2nd Amd Comp Article, #25 Exhibit 153 Ex. 7 to 2nd Amd Comp Article)(ALTIERI, MATTHEW)
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Filing 15
ADDITIONAL ATTACHMENTS filed by CENTRAL MAINE POWER COMPANY re #11 State Court Record,,,,, . Main Document: Exhibit 103 Notice of New Developments. (Attachments: #1 Exhibit 104 Ex. A to Notice PUC ORder 2/4/19, #2 Exhibit 105 Ex. B to Notice PUC Order 2/5/19, #3 Exhibit 106 Response to Notice of New Developments, #4 Exhibit 107 Ex. A to Response PUC Order 11/12/18, #5 Exhibit 108 EX. B to Response Letter 1/31/19, #6 Exhibit 109 Ex. C to Response Letter 2/6/19, #7 Exhibit 110 Letter re discovery dispute, #8 Exhibit 111 Notice of New Developments, #9 Exhibit 112 Ex. A to Notice Letters and filings 2/6/19, #10 Exhibit 113 Notice of New Developments, #11 Exhibit 114 Conference Record, #12 Exhibit 115 Order granting S. Smith's Motion to Withdraw, #13 Exhibit 116 Order on pending motions (Mot to Dismiss, Mot for TRO, and Preliminary & Permanent Injunction), #14 Exhibit 117 Transcript of Oral Argument 1/29/19, #15 Exhibit 118 Motion for Reconsideration of Order, #16 Exhibit 119 Notice of Appearance, #17 Exhibit 120 Opposition to Motion for Reconsideration, #18 Exhibit 121 Ex. A to Opposition PUC Order 3/1/19, #19 Exhibit 122 Notice of Withdrawal of P. Napoli, #20 Exhibit 123 Entry of Appearance, #21 Exhibit 124 Reply in Support of Motion for Reconsideration, #22 Exhibit 125 Notice of Case Management Conference, #23 Exhibit 126 MPUC Emails, #24 Exhibit 127 PUC Order 4/11/18)(ALTIERI, MATTHEW)
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Filing 14
ADDITIONAL ATTACHMENTS filed by CENTRAL MAINE POWER COMPANY re #11 State Court Record,,,,, . Main Document: Exhibit 80 Motion to Seal. (Attachments: #1 Exhibit 81 Notice of Withdrawal of P. Maslo, #2 Exhibit 82 Motion for Extension of Time, #3 Exhibit 83 Order granting extension of time, #4 Exhibit 84 Motion for Enlargement of Page Limits, #5 Exhibit 85 Reply in Support of Motion for TRO, #6 Exhibit 86 Notice of New Developments, #7 Exhibit 87 Letter requesting permanent injunction, #8 Exhibit 88 Order granting enlargement of pages, #9 Exhibit 89 Order granting motion to file under seal, #10 Exhibit 90 Motion to Withdraw S. Smith, #11 Exhibit 91 Notice of New Developments, #12 Exhibit 92 Ex. A to Notice PUC Order 1/14/19, #13 Exhibit 93 Notice of New Developments, #14 Exhibit 94 Ex. A to Notice PUC Order 1/25/19, #15 Exhibit 95 Response to Notice of New Developments, #16 Exhibit 96 Ex. A to Response PUC Order 11/13/18, #17 Exhibit 97 Ex. B to Response Emails, #18 Exhibit 98 Motion for Admission Pro Hac Vice, #19 Exhibit 99 Letter re discovery dispute, #20 Exhibit 100 Notice of New Developments, #21 Exhibit 101 Ex. A to Notice Transcript of Conference 2/11/19, #22 Exhibit 102 Motion for Pro Hac Vice)(ALTIERI, MATTHEW)
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Filing 13
ADDITIONAL ATTACHMENTS filed by CENTRAL MAINE POWER COMPANY re #11 State Court Record,,,,, . Main Document: Exhibit 51 Sur-Reply to Motion to Dismiss. (Attachments: #1 Exhibit 52 Motion for Temporary Restraining Order, #2 Exhibit 53 Affidavit of M. Levesque, #3 Exhibit 54 Ex. A to Levesque Aff. Monthly billing history, #4 Exhibit 55 Ex. B to Levesque Aff. Disconnection Notice, #5 Exhibit 56 Ex. C to Levesque Aff. Billing and Payment History, #6 Exhibit 57 Ex D to Levesque Aff. PUC ORder 4/11/18, #7 Exhibit 58 Affidavit of K. Morin, #8 Exhibit 59 Affidavit of N. Riley, #9 Exhibit 60 Affidavit of B. Russell, #10 Exhibit 61 Affidavit of M. Day, #11 Exhibit 62 Affidavit of C. Foss, #12 Exhibit 63 Affidavit of J. Lawson, #13 Exhibit 64 Motion for enlargement of page limit, #14 Exhibit 65 Order granting enlargement, #15 Exhibit 66 Conference Record, #16 Exhibit 67 Motion for enlargement of page limits, #17 Exhibit 68 Order granting enlargement of pages, #18 Exhibit 69 Opposition to TRO, #19 Exhibit 70 Affidavit of J. Holland, #20 Exhibit 71 Ex. A to Holland Aff. Comparison charts, #21 Exhibit 72 Ex. B to Holland Aff. PUC Order 4/11/18, #22 Exhibit 73 Ex. C to Holland Aff. Phone Recording (under seal), #23 Exhibit 74 Ex. D to Holland Aff. Invoices, #24 Exhibit 75 Ex. E to Holland Aff. Phone Recording (under seal), #25 Exhibit 76 Ex. F to Holland Aff. Phone Recording (under seal), #26 Exhibit 77 Ex. G to Holland Aff. Invoice, #27 Exhibit 78 Ex. H to Holland Aff. Phone Recording (under seal), #28 Exhibit 79 Ex. I to Holland Aff. Notice of Order)(ALTIERI, MATTHEW)
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Filing 12
ADDITIONAL ATTACHMENTS filed by CENTRAL MAINE POWER COMPANY re #11 State Court Record,,,,, . Main Document: Exhibit 25 Motion for Extension. (Attachments: #1 Exhibit 26 Order granting extension, #2 Exhibit 27 Order scheduling case management conference, #3 Exhibit 28 Motion to stay response to Motion to Dismiss, #4 Exhibit 29 Conference Record, #5 Exhibit 30 Case Management Scheduling Order, #6 Exhibit 31 Motion for Enlargement of Page Limits, #7 Exhibit 32 Opposition to Motion to Dismiss, #8 Exhibit 33 Affidavit of J. Belleau, #9 Exhibit 34 Ex. 1 to Belleau Aff. First Request for Production, #10 Exhibit 35 Ex. 2 to Belleau Aff. Article, #11 Exhibit 36 Ex. 3 to Belleau Aff. Email 01/15/18, #12 Exhibit 37 Affidavit of M. Levesque, #13 Exhibit 38 Ex. A to Levesque Aff. Monthly Billing History Table, #14 Exhibit 39 Ex. B to Levesque Aff. Disconnection Notice, #15 Exhibit 40 Ex. C to Levesque Aff. Billing and Payment History, #16 Exhibit 41 Ex. D to Levesque Aff. PUC Order 4/11/18, #17 Exhibit 42 Motion for Pro Hac Vice, #18 Exhibit 43 Order granting page enlargement, #19 Exhibit 44 Order on Pro Hac Vice, #20 Exhibit 45 Letter re discovery dispute, #21 Exhibit 46 Conference Record, #22 Exhibit 47 Reply in Support of Motion to Dismiss, #23 Exhibit 48 Letter re discovery dispute, #24 Exhibit 49 Letter requesting to file sur-reply, #25 Exhibit 50 Confidentiality Order)(ALTIERI, MATTHEW)
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Filing 11
STATE COURT RECORD with Affidavit by CENTRAL MAINE POWER COMPANY. (Attachments: #1 Exhibit 1 Docket Record, #2 Exhibit 2 Complaint, #3 Exhibit 3 Motion for Pro Hac Vice, #4 Exhibit 4 Order, #5 Exhibit 5 Amended Complaint, #6 Exhibit 6 Motion for Extension, #7 Exhibit 7 Acknowledgment of Service, #8 Exhibit 8 Summons served on CMP, #9 Exhibit 9 Order, #10 Exhibit 10 Application to Business Court, #11 Exhibit 11 Acceptance to Business Court, #12 Exhibit 12 Motion to Dismiss, #13 Exhibit 13 Affidavit of Eric Stinneford, #14 Exhibit 14 Ex. 1 to Stinneford Aff. Request for Approval of Rates, #15 Exhibit 15 Ex. 2 to Stinneford Aff. Notice of Investigation, #16 Exhibit 16 Ex. 3 to Stinneford Aff. Order initiating audit, #17 Exhibit 17 Ex. 4 to Stinneford Aff. Order Modifying Scope, #18 Exhibit 18 Ex. 5 to Stinneford Aff. Procedural Order, #19 Exhibit 19 Ex. 6 to Stinneford Aff. Liberty Consulting web pages, #20 Exhibit 20 Ex. 7 to Stinneford Aff. Summary Status, #21 Exhibit 21 Ex. 8 to Stinneford Aff. Summary Status, #22 Exhibit 22 Ex. 9 to Stinneford Aff. Summary Status, #23 Exhibit 23 Ex. 10 to Stinneford Aff. Letters to PUC, #24 Exhibit 24 Ex. 11 to Stinneford Aff. PUC Order)(ALTIERI, MATTHEW)
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Set Answer Deadline for DOUGLAS HERLING per filing of #18 Waiver of Service of Summons: Answer due by 10/28/2019. (slg)
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Filing 10
NOTICE of Appearance by PHILIP M. COFFIN, III on behalf of All Plaintiffs (COFFIN, PHILIP)
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Filing 9
NOTICE of Appearance by CAITLIN REGAN ROSS WAHRER on behalf of All Plaintiffs (WAHRER, CAITLIN)
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Filing 8
NOTICE of Appearance by JEFFREY D. RUSSELL on behalf of All Plaintiffs (RUSSELL, JEFFREY)
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Filing 7
Summons Issued as to DOUGLAS HERLING and IBERDROLA SA. Counsel shall print the embossed summons and effect service in the manner in accordance with Fed.R.Civ.P.4. Note-If you are using Version 6 of Adobe Acrobat, be sure the PRINT WHAT field is set to DOCUMENTS AND COMMENTS (Click File, then Print to check this setting). (Attachments: #1 Summons-Iberdrola, S.A.)(jgd)
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Filing 6
NOTICE of Appearance by KATHERINE S. KAYATTA on behalf of AVANGRID INC, CENTRAL MAINE POWER COMPANY, DOUGLAS HERLING (KAYATTA, KATHERINE)
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Filing 5
NOTICE of Appearance by MATTHEW ALTIERI on behalf of AVANGRID INC, CENTRAL MAINE POWER COMPANY, DOUGLAS HERLING (ALTIERI, MATTHEW)
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Filing 4
NOTICE of Appearance by GAVIN G. MCCARTHY on behalf of DOUGLAS HERLING (MCCARTHY, GAVIN)
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Filing Fee Paid via Credit Card ( Filing fee $ 400 receipt number 0100-2068652.), filed by CENTRAL MAINE POWER COMPANY.(MCCARTHY, GAVIN)
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Filing 3
PROCEDURAL ORDER RE: REMOVAL: State Court Record due by 8/30/2019. By DEPUTY CLERK: Robert Allen. (bfa)
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Filing 2
CIVIL COVER SHEET. (bfa)
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Filing 1
NOTICE OF REMOVAL from Cumberland County Superior Court, case number BCD-CV-18-41. PAYMENT OF FILING FEE DUE WITHIN 48 HOURS. IF FILING FEE IS BEING PAID WITH A CREDIT CARD COUNSEL ARE INSTRUCTED TO LOGIN TO CMECF AND DOCKET Case Opening Filing Fee Paid FOUND IN THE Complaints and Other Initiating Documents CATEGORY. CHECK PAYMENTS DUE WITHIN 48 HOURS., filed by CENTRAL MAINE POWER COMPANY, AVANGRID INC. (Service of Process Deadline 11/21/2019) Fee due by 8/26/2019. (Attachments: #1 Exhibit A Complaint, #2 Exhibit B Amended Complaint and Summons, #3 Exhibit C Order staying all proceedings, #4 Exhibit D Order denying Motion for Reconsideration, #5 Exhibit E Order granting Motion to Amend, #6 Exhibit F Second Amended Complaint, #7 Exhibit G Order granting extension to respond to Second Amended Complaint)(bfa)
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Set Deadlines : Per Local Rule 7.1 Notice of Interested Parties or Corporate Disclosure Statement due by 8/30/2019. (bfa)
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Set Answer Deadline for CENTRAL MAINE POWER COMPANY, AVANGRID INC : Per State Court order filed 7/31/2019 Answer due by 9/30/2019. (bfa)
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