Michigan Department of Environment, Great Lakes and Energy et al v. STS Hydropower, LLC et al
Plaintiff: Michigan Department of Environment, Great Lakes and Energy and Michigan Department of Natural Resources
Defendant: STS Hydropower, LLC and Eagle Creek Renewable Energy, LLC
Case Number: 1:2022cv00269
Filed: March 23, 2022
Court: US District Court for the Western District of Michigan
Presiding Judge: Sally J Berens
Referring Judge: Robert J Jonker
Nature of Suit: Environmental Matters
Cause of Action: 28 U.S.C. § 1331 Fed. Question
Jury Demanded By: None
Docket Report

This docket was last retrieved on July 1, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 20, 2022 Filing 19 RESPONSE in opposition to MOTION to remand #11 filed by Eagle Creek Renewable Energy, LLC, STS Hydropower, LLC (Attachments: #1 Index, #2 Exhibit 1-October 31, 2019 email notice, #3 Exhibit 2-Filed Under Seal, #4 Exhibit 3-November 24, 2020 EGLE Comment, #5 Exhibit 4-August 5, 2020 FERC Variance Letter, #6 Exhibit 5-September 23, 2020 Violation Notice to FERC, #7 Exhibit 6-July 20, 2020 STS Response, #8 Exhibit 7-July 22, 2020 STS Response, #9 Exhibit 8-September 21, 2020 STS Request for Temp Variance, #10 Exhibit 9-November 4, 2020 FERC Public Notice, #11 Exhibit 10-November 20, 2020 DNR Motion to Intervene, #12 Exhibit 11-February 16, 2021 FERC Order, #13 Exhibit 12-November 26, 2019 FERC Letter) (Ruddell, Peter)
May 20, 2022 Filing 18 UNOPPOSED PROPOSED SEALED EXHIBIT 2 - Critical Energy Infrastructure Information by defendants Eagle Creek Renewable Energy, LLC, STS Hydropower, LLC (Ruddell, Peter)
May 20, 2022 Filing 17 UNOPPOSED MOTION to SEAL Critical Energy Infrastructure Information by defendants Eagle Creek Renewable Energy, LLC, STS Hydropower, LLC; (Attachments: #1 Index Index of Exhibits, #2 Exhibit 1-Labelling Guidance, #3 Exhibit 2- Filed Under Seal Placeholder) (Ruddell, Peter)
May 20, 2022 Filing 16 RESPONSE in opposition to FIRST MOTION to dismiss for failure to state a claim #8 filed by Michigan Department of Environment, Great Lakes and Energy, Michigan Department of Natural Resources (Attachments: #1 Exhibit A. State Letter and Violation Notices to Eagle Creek) (Miller, Megen)
May 13, 2022 Opinion or Order Filing 15 FIRST CASE MANAGEMENT ORDER: discovery to be completed by 5/31/2023; dispositive motions due by 7/31/2023; Supplemental Rule 16 Scheduling Conference 6/21/2023 at 3:00 PM before Chief Judge Robert J. Jonker in Grand Rapids, MI; Updated Joint Status Report Due 6/14/2023; signed by Chief Judge Robert J. Jonker (Chief Judge Robert J. Jonker, ymc)
May 12, 2022 Filing 14 NOTICE OF MOTION HEARING regarding document number #11 : motion hearing is set for 6/15/2022 at 03:00 PM at 699 Federal Building, Grand Rapids, MI before Chief Judge Robert J. Jonker; (Chief Judge Robert J. Jonker, sdb)
May 5, 2022 Filing 13 JOINT STATUS REPORT (Miller, Megen)
May 5, 2022 (NON-DOCUMENT) ATTORNEY APPEARANCE of Kelly Marie Drake on behalf of plaintiffs Michigan Department of Environment, Great Lakes and Energy, Michigan Department of Natural Resources (Drake, Kelly)
April 25, 2022 Opinion or Order Filing 12 ORDER rejecting STIPULATION #10 at this time. The Court extends the deadline for plaintiffs' response to Eagle Creek's Motion to Dismiss to 5/21/22; signed by Chief Judge Robert J. Jonker (Chief Judge Robert J. Jonker, sdb)
April 22, 2022 Filing 11 MOTION to remand by plaintiffs Michigan Department of Environment, Great Lakes and Energy, Michigan Department of Natural Resources; (Attachments: #1 Plaintiff's Brief in Support of Motion to Remand) (Miller, Megen)
April 22, 2022 Filing 10 STIPULATION and PROPOSED ORDER Regarding Deadlines and Fed. R. Civ. P. 16 Scheduling Conference by plaintiffs Michigan Department of Environment, Great Lakes and Energy, Michigan Department of Natural Resources (Attachments: #1 Proposed Order) (Miller, Megen)
March 30, 2022 Filing 9 BRIEF in support of FIRST MOTION to dismiss for failure to state a claim #8 with certificate of compliance filed by Eagle Creek Renewable Energy, LLC (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Ruddell, Peter) Modified text on 3/31/2022 (pjw).
March 30, 2022 Filing 8 FIRST MOTION to dismiss for failure to state a claim by defendant Eagle Creek Renewable Energy, LLC; (Ruddell, Peter)
March 30, 2022 Filing 7 ANSWER to complaint #1 with affirmative defenses by STS Hydropower, LLC (Ruddell, Peter)
March 28, 2022 Opinion or Order Filing 6 ORDER setting Rule 16 scheduling conference: Rule 16 scheduling conference is set for 5/12/2022 at 03:00 PM at 699 Federal Building, Grand Rapids, MI before Chief Judge Robert J. Jonker; status report due by 5/5/2022 ; signed by Chief Judge Robert J. Jonker (Chief Judge Robert J. Jonker, ymc)
March 25, 2022 Filing 5 NOTICE that this case has been assigned Robert J. Jonker (mg)
March 24, 2022 Filing 4 PROOF OF SERVICE by defendants Eagle Creek Renewable Energy, LLC, STS Hydropower, LLC re Corporate Disclosure Statement #2 , Notice of Removal,, #1 , Corporate Disclosure Statement #3 (Ajlouny, Jonathan)
March 23, 2022 Filing 3 CORPORATE DISCLOSURE STATEMENT by Eagle Creek Renewable Energy, LLC identifying Corporate Parent OPG Eagle Creek Holdings, LLC for Eagle Creek Renewable Energy, LLC (Ruddell, Peter)
March 23, 2022 Filing 2 CORPORATE DISCLOSURE STATEMENT by STS Hydropower, LLC identifying Corporate Parent Eagle Creek Renewable Energy, LLC for STS Hydropower, LLC (Ruddell, Peter)
March 23, 2022 Filing 1 NOTICE OF REMOVAL from Ingham County Circuit Court case number 22-0150-CE filed by Eagle Creek Renewable Energy, LLC, STS Hydropower, LLC (Attachments: #1 Index, #2 Exhibit A - Complaint - EGLE and DNR v Eagle Creek and STS, #3 Exhibit B - December 23 2019 STS Letter, #4 Exhibit C - October 18, 2019 Letter from FERC, #5 Exhibit D - August 5, 2020 FERC Letter to STS Hydro, #6 Exhibit E - July 26 1985 FERC Order Granting Exemption, #7 Exhibit F- FERC-DHAC Compliance Handbook, #8 Exhibit G - USACE Navigable Waters List Dec 2018) (Ruddell, Peter)
March 23, 2022 (NON-DOCUMENT) ATTORNEY APPEARANCE of Jonathan Ajlouny on behalf of defendants Eagle Creek Renewable Energy, LLC, STS Hydropower, LLC (Ajlouny, Jonathan)
March 23, 2022 FILING FEE PAID re #1 by defendants Eagle Creek Renewable Energy, LLC, STS Hydropower, LLC in the amount of $402, receipt number AMIWDC-6701846 (Ruddell, Peter)
March 23, 2022 (NON-DOCUMENT) ATTORNEY APPEARANCE of Gabriel Esteban Bedoya on behalf of defendants Eagle Creek Renewable Energy, LLC, STS Hydropower, LLC (Bedoya, Gabriel)

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Plaintiff: Michigan Department of Environment, Great Lakes and Energy
Represented By: Megen Elise Miller
Represented By: Kelly Marie Drake
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Plaintiff: Michigan Department of Natural Resources
Represented By: Megen Elise Miller
Represented By: Kelly Marie Drake
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Defendant: STS Hydropower, LLC
Represented By: Gabriel Esteban Bedoya
Represented By: Jonathan Ajlouny
Represented By: Peter B. Ruddell
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Defendant: Eagle Creek Renewable Energy, LLC
Represented By: Gabriel Esteban Bedoya
Represented By: Jonathan Ajlouny
Represented By: Peter B. Ruddell
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