Carroll Road Solar Farm, LLC v. Deerfield Township
Plaintiff: Carroll Road Solar Farm, LLC and Eric M. Keller
Defendant: Deerfield Township
Case Number: 5:2020cv11174
Filed: May 11, 2020
Court: US District Court for the Eastern District of Michigan
Presiding Judge: Judith E Levy
Referring Judge: R Steven Whalen
Nature of Suit: Real Property: Other
Cause of Action: 28:1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on July 7, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 7, 2020 Filing 23 RESPONSE to #8 MOTION for Preliminary Injunction and Brief in Support of Motion for Preliminary Injunction filed by All Defendants. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Exhibit Exhibit G, #8 Exhibit Exhibit H, #9 Exhibit Exhibit I, #10 Exhibit Exhibit J, #11 Exhibit Exhibit K, #12 Exhibit Exhibit L, #13 Exhibit Exhibit M, #14 Exhibit Exhibit N, #15 Exhibit Exhibit O) (Lucas, Frederick)
July 7, 2020 Filing 22 REPLY to Response re #8 MOTION for Preliminary Injunction and Brief in Support of Motion for Preliminary Injunction filed by All Defendants. (Attachments: #1 Exhibit Exhibit G) (Lucas, Frederick)
July 7, 2020 Filing 21 REPLY to Response re #8 MOTION for Preliminary Injunction and Brief in Support of Motion for Preliminary Injunction filed by All Defendants. (Attachments: #1 Exhibit Exhibit H, #2 Exhibit Exhibit I, #3 Exhibit Exhibit J, #4 Exhibit Exhibit K, #5 Exhibit Exhibit L, #6 Exhibit Exhibit M, #7 Exhibit Exhibit N, #8 Exhibit Exhibit O) (Lucas, Frederick)
July 7, 2020 Filing 20 RESPONSE to #8 MOTION for Preliminary Injunction and Brief in Support of Motion for Preliminary Injunction filed by All Defendants. (Attachments: #1 Exhibit Exhibit E, #2 Exhibit Exhibit F) (Lucas, Frederick)
July 7, 2020 Filing 19 RESPONSE to #8 MOTION for Preliminary Injunction and Brief in Support of Motion for Preliminary Injunction filed by All Defendants. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit) (Lucas, Frederick)
June 26, 2020 Filing 18 ANSWER to Amended Complaint with Affirmative Defenses , ANSWER to Complaint with Affirmative Defenses by Deerfield Township. (Lucas, Frederick)
June 24, 2020 Filing 17 NOTICE OF HEARING on #8 MOTION for Preliminary Injunction. Response due by 7/7/2020 Reply due by 7/17/2020 Motion Hearing set for 9/2/2020 02:00 PM before District Judge Judith E. Levy (WBar)
June 24, 2020 Minute Entry for proceedings before District Judge Judith E. Levy: Zoom Webinar Status Conference held on 6/24/2020; (Court Reporter: Not on the Record) (WBar)
June 23, 2020 Filing 16 ATTORNEY APPEARANCE: H. Kirby Albright appearing on behalf of All Plaintiffs (Albright, H. Kirby)
June 19, 2020 Filing 15 NOTICE TO APPEAR BY VIDEO CONFERENCE: Status Conference set for 6/24/2020 09:30 AM before District Judge Judith E. Levy |Zoom Webinar Information: https://zoom.us/j/94290936228?pwd=WEk2WXVsbFRVZUhGaExKQmdicHRDUT09 Password: 622352 Or iPhone one-tap : US: +13017158592,,94290936228#,,,,0#,,622352# or +13126266799,,94290936228#,,,,0#,,622352#| (WBar)
June 18, 2020 Filing 14 ATTORNEY APPEARANCE: Michael D. Homier appearing on behalf of Deerfield Township (Homier, Michael)
June 17, 2020 Filing 13 ANSWER to Complaint with Affirmative Defenses by All Defendants. (Lucas, Frederick)
June 17, 2020 Filing 12 NOTICE of Appearance by Laura J. Genovich on behalf of Deerfield Township. (Genovich, Laura)
June 17, 2020 Filing 11 CERTIFICATE OF SERVICE re #8 MOTION for Preliminary Injunction and Brief in Support of Motion for Preliminary Injunction, #7 Amended Complaint,,,,,,,,, by Carroll Road Solar Farm, LLC, Eric M. Keller (Ettinger, Daniel)
June 17, 2020 Filing 10 ATTORNEY APPEARANCE: Frederick Lucas appearing on behalf of All Defendants (Lucas, Frederick)
June 15, 2020 Filing 9 NOTICE of Appearance by Jonathan E. Lauderbach on behalf of All Plaintiffs. (Lauderbach, Jonathan)
June 12, 2020 Filing 8 MOTION for Preliminary Injunction and Brief in Support of Motion for Preliminary Injunction by Eric M. Keller. (Attachments: #1 Exhibit A-Keller Declaration) (Chrysler, Ashley)
June 12, 2020 Filing 7 AMENDED COMPLAINT with Jury Demand filed by Carroll Road Solar Farm, LLC against Carroll Road Solar Farm, LLC, Eric M. Keller. NEW PARTIES ADDED. (Attachments: #1 Index of Exhibits, #2 Exhibit 01-Certificate of Formation, #3 Exhibit 02-Statement of Authorized Person, #4 Exhibit 03-MDARD 6.3.19 Announcement, #5 Exhibit 04-Email 10.14.19, #6 Exhibit 05-Draft Site Plan, #7 Exhibit 06-Draft Decommissioning Plan, #8 Exhibit 07-Application for Plan Examination, #9 Exhibit 08-ESA Solar Check, #10 Exhibit 09-Public Notice, #11 Exhibit 10-Deerfield Twp Moratorium, #12 Exhibit 11-Daily Telegraph Legal Notices, #13 Exhibit 12-Deerfield Twp 12.31.19 Letter, #14 Exhibit 13-Photo Shidler and Andrix at Protest, #15 Exhibit 14-Photo E. Griffith at Protest, #16 Exhibit 15-Photo D. Griffith at Protest, #17 Exhibit 16-Photo Steve Andrix at Protest, #18 Exhibit 17-Photo Shannon Andrix at Protest, #19 Exhibit 18-Photo Shidler at Protest, #20 Exhibit 19-Photo T. Peacock at Protest, #21 Exhibit 20-Photo Peacock and Ehmann at Protest, #22 Exhibit 21-Photo Peacocks at Protest, #23 Exhibit 22-Transcript of Videotape of Protest, #24 Exhibit 23-Advance Article RE 12.9.19 Twp Board Mtg, #25 Exhibit 24-Article RE PC Appointment, #26 Exhibit 25-Annotated Map, #27 Exhibit 26-MCL 125.1508b(1), #28 Exhibit 27-MCL 125.1508a, #29 Exhibit 28-MCL 125.1502a(bb), #30 Exhibit 29-Mich Admin Code R 408.30415a(j), #31 Exhibit 30-MCL 125.3207, #32 Exhibit 31-MCL 450.1001, #33 Exhibit 32-MDARD Policy on Solar Panels, #34 Exhibit 33-MDARD 3.5.20 Letter, #35 Exhibit 34-MCL 460.1028, #36 Exhibit 35-Announcement RE MPSC Approval, #37 Exhibit 36-MI Power Grid, #38 Exhibit 37-SDG 12.20.19 Letter to Owners, #39 Exhibit 38-Mailing List RE 12.20.19 Letter, #40 Exhibit 39-SDG 12.23.19 to County Board, #41 Exhibit 40-SDG 12.23.19 Letter to Persons with Signed Leases, #42 Exhibit 41-Article, #43 Exhibit 42-Deerfield Resolution to Adopt Ordinance, #44 Exhibit 43-Telegram Tearsheet, #45 Exhibit 44-Deerfield Resolution 2020-1, #46 Exhibit 45-Deerfield Resolution 2020-02, #47 Exhibit 46-Deerfield Resolution 2020-03, #48 Exhibit 47-Exec Order 2020-21, #49 Exhibit 48-Deerfield Notice in Advance Newspaper) (Chrysler, Ashley)
June 12, 2020 Filing 6 NOTICE of Appearance by Daniel P. Ettinger on behalf of Carroll Road Solar Farm, LLC. (Ettinger, Daniel)
June 12, 2020 Filing 5 NOTICE of Appearance by Ashley Grace Chrysler on behalf of Carroll Road Solar Farm, LLC. (Chrysler, Ashley)
May 26, 2020 Opinion or Order TEXT-ONLY ORDER Granting #4 Stipulation to Extend Time to File Answer to #1 Complaint; Defendant's Responsive Pleading due by 6/17/2020, Signed by District Judge Judith E. Levy. (WBar)
May 20, 2020 Filing 4 STIPULATION for entry of an Order Regarding Date by Which Defendant Shall File its First Responsive Pleading to Plaintiff's Complaint by Deerfield Township and by Carroll Road Solar Farm, LLC (Perry, Michael)
May 11, 2020 Filing 3 SUMMONS Issued for *Deerfield Township* (LGra)
May 11, 2020 A United States Magistrate Judge of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form is available for download at #http://www.mied.uscourts.gov (LGra)
May 11, 2020 Filing 2 STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Carroll Road Solar Farm, LLC (Perry, Michael)
May 11, 2020 Filing 1 COMPLAINT filed by All Plaintiffs against Deerfield Township with Jury Demand. Plaintiff requests summons issued. Receipt No: AMIEDC-7794834 - Fee: $ 400. County of 1st Plaintiff: Seminole County, FL - County Where Action Arose: Lenawee - County of 1st Defendant: Lenawee. [Previously dismissed case: No] [Possible companion case(s): None] (Attachments: #1 Index of Exhibits, #2 Exhibit 1-Certificate of Formation, #3 Exhibit 2-Statement of Authorized Person, #4 Exhibit 3- 6-3-19 MDARD announcment, #5 Exhibit 4- 10-14-19 E-Mail, #6 Exhibit 5-Draft Site Plan, #7 Exhibit 6-Draft decommissioning Plan, #8 Exhibit 7-Application and Building Permit 12-18-19, #9 Exhibit 8-ESA Solar's $5,000 check for perit app fee, #10 Exhibit 9-Public Notice Ordinance Adoption 4-29-2020, #11 Exhibit 10-Moratorium 12-2019, #12 Exhibit 11-Daily Telegraph Legal Notices 12-20-2019, #13 Exhibit 12- 12-31-2019 Letter Returning Application and Fee, #14 Exhibit 13-Photograph of Shidler and Andrix at protest, #15 Exhibit 14-Photograph of Griffith at protest, #16 Exhibit 15-Photograph of D. Griffith at protest, #17 Exhibit 16-Photograph of Andrix at protest, #18 Exhibit 17-Photograph of S. Andrix at protest, #19 Exhibit 18-Photograph of Shidler at protest, #20 Exhibit 19-Photograph of Peacock at protest, #21 Exhibit 20-Photograph of Peacock's wife and Ehmann at protest, #22 Exhibit 21-Photograph of Peacocks at protest, #23 Exhibit 22-Transcript of videotap of protest, #24 Exhibit 23-The Advance 12-18-2019 article, #25 Exhibit 24-Article ree appointment of Planning Commission, #26 Exhibit 25-Annotated Map, #27 Exhibit 26-M.C.L. 124.1508b(1), #28 Exhibit 27-M.C.L. 125.1508a, #29 Exhibit 28-M.C.L. 125.1502a(bb), #30 Exhibit 29-Mich Admin Code R. 408.30415a(j), #31 Exhibit 30-M.C.L. 125.3207, #32 Exhibit 31-M.C.L. 450.1001, #33 Exhibit 32-MDARD Policy on solar panels, #34 Exhibit 33-MDARD 3-5-2020 letter, #35 Exhibit 34-M.C.L. 460.1028, #36 Exhibit 35-MPSC announcement, #37 Exhibit 36-MI Power Grid, #38 Exhibit 37-12-20-2019 Letter, #39 Exhibit 38-Mailing List for 12-20-2019 Letter, #40 Exhibit 39-12-23-2019 Letter, #41 Exhibit 40-12-23-2019 Letter re public meeting, #42 Exhibit 41-Article) (Perry, Michael)

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Plaintiff: Carroll Road Solar Farm, LLC
Represented By: Michael H. Perry
Represented By: Jonathan E. Lauderbach
Represented By: H. Kirby Albright
Represented By: Daniel P. Ettinger
Represented By: Ashley Grace Chrysler
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Plaintiff: Eric M. Keller
Represented By: Jonathan E. Lauderbach
Represented By: H. Kirby Albright
Represented By: Ashley Grace Chrysler
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Defendant: Deerfield Township
Represented By: Laura J. Genovich
Represented By: Frederick Lucas
Represented By: Michael D. Homier
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