Federal Trade Commission v. Peabody Energy Corporation et al
| Federal Trade Commission and OGE Energy Corp. |
| Arch Coal, Inc. and Peabody Energy Corporation |
| NRG Energy, Inc., The Southern Company, DTE Energy Company, American Electric Power Service Corporation, Nebraska Public Power District, Midamerican Energy Company, Vistra Corp., Dyno Nobel, Inc., Michelin North America, Inc., Elliott Management Corporation, Omaha Public Power District, Xcel Energy, Inc., Lower Colorado River Authority, Par Pacific Holdings, Inc., Dairyland Power Cooperative, Wyoming, State of, Entergy Corporation, Northern Indiana Public Service Company and TransAlta Centralia Generation |
| Public Service Company of Oklahoma, Indiana Michigan Power Company, Southwestern Electric Power Company, WEC Energy Group, Inc., ALLETE, Inc., Navajo Transitional Energy Company, Evergy, Inc., Union Electric Company d/b/a Ameren Missouri, Peter Kiewit Sons', Inc., Ameren Corporation and Associated Electric Cooperative, Inc. |
| Morrison & Foerster LLP, Alliant Energy, Caterpillar Inc. and Tennessee Valley Authority |
| Texas Municipal Power Agency and Western Coal Traffic League |
| 4:2020cv00317 |
| February 26, 2020 |
| US District Court for the Eastern District of Missouri |
| Sarah E Pitlyk |
| Anti-Trust |
| 15 U.S.C. § 0053 |
| None |
Docket Report
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This docket was last retrieved on October 5, 2020. A more recent docket listing may be available from PACER.
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| Filing 440 TRANSCRIPT of 439 (Closing Arguments) held on 8/10/2020 before Judge Sarah E. Pitlyk. Court Reporter/Transcriber Laura Esposito, Laura_Esposito@moed.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/2/2020. Redacted Transcript Deadline set for 9/14/2020. Release of Transcript Restriction set for 11/10/2020. (NEP) |
| Filing 439 ELECTRONIC MINUTE ENTRY (no pdf attached) for proceedings held before District Judge Sarah E. Pitlyk: Closing Arguments held on 8/10/2020. The Court takes the matter under submission. Order to issue. (Court Reporter:Laura Esposito, Laura_Esposito@moed.uscourts.gov, 314-244-7739) (proceedings started: 1:00) (proceedings ended: 4:35)(Deputy Clerk: NEP)(Appearance for Plaintiff: Daniel Matheson & Amy Dobrzynski)(Appearance for Defendant: Edward Hassi, Stephen Weissman & Michael Perry) (NEP) |
| Filing 438 NOTICE Filing of Plaintiff's Redacted Demonstrative Exhibit in Support of Closing Arguments: by Plaintiff Federal Trade Commission re #436 MOTION for Leave to File Sealed Document Demonstrative Exhibit in Support of Closing Arguments (Attachments: #1 Exhibit)(Matheson, Daniel) |
| Filing 437 SEALED DOCUMENT re #436 MOTION for Leave to File Sealed Document Demonstrative Exhibit in Support of Closing Arguments by Plaintiff Federal Trade Commission. (Matheson, Daniel) |
| Filing 436 MOTION for Leave to File Sealed Document Demonstrative Exhibit in Support of Closing Arguments by Plaintiff Federal Trade Commission. (Attachments: #1 Proposed Order)(Matheson, Daniel) |
| Filing 435 TRANSCRIPT ORDER REQUEST for daily copy (Closing Arguments re Preliminary Injunction Hearing) by Peabody Energy Corporation for proceedings to be held on 8/10/2020 before Judge Sarah E. Pitlyk.. (Jindal, Gorav) |
| Filing 434 TRANSCRIPT ORDER REQUEST for daily copy (Closing Arguments re Preliminary Injunction Hearing) by Peabody Energy Corporation for proceedings to be held on 8/10/2020 before Judge Sarah E. Pitlyk.. (Hassi, Edward) |
Filing 433
ORDER: This matter is before the Court on Plaintiff's Evidentiary Brief Pursuant to the Court's Order Dated July 27, 2020. Doc. #414 . The Court has considered Plaintiff's arguments and the arguments in Defendants' Response to the FTC's Evidentiary Brief Pursuant to the Court's Order Dated July 27, 2020. Doc. #420 . Consistent with the Court's oral ruling at the preliminary injunction hearing, Defendants' arguments based on Dr. Israels interpretation of Plaintiff's exhibit PX0018 will be admitted. (See Order for full details.) IT IS SO ORDERED.Signed by District Judge Sarah E. Pitlyk on 8/7/20. (ARL)
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| Filing 432 TRANSCRIPT ORDER REQUEST for daily copy (Closing Arguments re Preliminary Injunction Hearing) by Arch Coal, Inc. for proceedings to be held on 8/10/2020 before Judge Sarah E. Pitlyk.. (Weissman, Stephen) |
| Filing 431 TRANSCRIPT ORDER REQUEST for daily copy (Closing Arguments) by Federal Trade Commission for proceedings to be held on 8/10/2020 before Judge Sarah E. Pitlyk. (received from court reporters) (NEP) |
| Filing 430 SEALED DOCUMENT re #427 MOTION for Leave to File Sealed Document Response to FTC's Evidentiary Brief by Defendant Arch Coal, Inc.. (Attachments: #1 Exhibit DX3019, #2 Exhibit DX3011, #3 Exhibit DX3043, #4 Exhibit DX5126, #5 Exhibit DX2130, #6 Exhibit DX3010, #7 Exhibit DX3021)(Beneze, Elisa) |
| Filing 429 MEMORANDUM re #239 MOTION for Leave to NON-PARTY ENTERGY CORPORATIONS UNOPPOSED MOTION FOR IN CAMERA TREATMENT FOR PROPOSED EXHIBITS CONTAINING CONFIDENTIAL ENTERGY MATERIALS by Movant Entergy Corporation. (Attachments: #1 Exhibit Declaration of Ryan Trushenski, #2 Exhibit Declaration of Jennifer Quinn-Barabanov)(Aldrich, Daniel) |
| Filing 428 SEALED DOCUMENT re #355 Transcript (FILED UNDER SEAL), #356 Transcript (FILED UNDER SEAL), #345 Transcript Redaction Request by Intervenor Parties Ameren Corporation, Union Electric Company d/b/a Ameren Missouri. (Attachments: #1 Exhibit Transcript Volume 1B, #2 Exhibit Transcript Volume 2A)(Walsh, Richard) |
| Filing 427 MOTION for Leave to File Sealed Document Response to FTC's Evidentiary Brief by Defendant Arch Coal, Inc.. (Beneze, Elisa) |
| Filing 426 SEALED DOCUMENT re #376 Order, #380 Notice of Intent to Request Redaction by Movant Entergy Corporation. (Attachments: #1 Proposed Redactions)(Aldrich, Daniel) |
| Filing 425 SEALED DOCUMENT re #424 Notice of Intent to Request Redaction by Defendant Peabody Energy Corporation. (Attachments: #1 Proposed Redactions, #2 Proposed Redactions, #3 Proposed Redactions, #4 Proposed Redactions, #5 Proposed Redactions, #6 Proposed Redactions, #7 Proposed Redactions, #8 Proposed Redactions, #9 Proposed Redactions, #10 Proposed Redactions)(Hassi, Edward) |
| Filing 424 NOTICE of Intent to Request Redaction by Defendant Peabody Energy Corporation re #376 Order (Hassi, Edward) |
| Filing 423 SEALED DOCUMENT re #422 Notice of Intent to Request Redaction, #376 Order by Defendant Arch Coal, Inc.. (Attachments: #1 Exhibit 7-20 AM, #2 Exhibit 7-20 PM, #3 Exhibit 7-22 AM)(Adler, Matthew) |
| Filing 422 NOTICE of Intent to Request Redaction by Defendant Arch Coal, Inc. re #376 Order (Adler, Matthew) |
| Filing 420 MEMORANDUM in Support of Motion re #419 MOTION for Leave to Receive In Camera Treatment of Confidential Documents and Information filed by Intervenor Evergy, Inc.. (Dowd, Kelvin) |
| Filing 419 MOTION for Leave to Receive In Camera Treatment of Confidential Documents and Information by Intervenor Evergy, Inc.. (Attachments: #1 Text of Proposed Order Granting Motion for In Camera Treatment of Confidential Documents and Information)(Dowd, Kelvin) |
| Filing 418 SEALED DOCUMENT re #376 Order, #377 Notice of Intent to Request Redaction by Intervenor Evergy, Inc.. (Dowd, Kelvin) |
| Filing 417 SEALED DOCUMENT Transcript Redaction Request re #339 (MOTION HEARING) by attorney Christopher M. Wilson. (Wilson, Christopher) Modified on 8/6/2020 (NEP). |
| Filing 416 NOTICE by Defendant Arch Coal, Inc. Public Filing of Defendants' Response to Plaintiff's Memorandum of Law Addressing Failing and Weakened Firm Arguments (Pet, Steven) |
| Filing 415 NOTICE of Intent to Request Redaction by Movant The Southern Company (Wilson, Christopher) |
| Filing 414 SEALED DOCUMENT re #413 MOTION for Leave to File Sealed Document Evidentiary Brief Pursuant to Court's July 27, 2020 Order (ECF No. 375) by Plaintiff Federal Trade Commission. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit)(Matheson, Daniel) |
| Filing 413 MOTION for Leave to File Sealed Document Evidentiary Brief Pursuant to Court's July 27, 2020 Order (ECF No. 375) by Plaintiff Federal Trade Commission. (Attachments: #1 Proposed Order)(Matheson, Daniel) |
| Filing 412 SEALED DOCUMENT re #376 Order, #378 Notice of Intent to Request Redaction by Intervenor ALLETE, Inc.. (Kolesar, Andrew) |
| Filing 411 SEALED DOCUMENT by Movant Xcel Energy, Inc.. (Attachments: #1 Proposed Redactions)(Reilly, Kathryn) |
| Filing 410 NOTICE of Intent to Request Redaction by Movant Xcel Energy, Inc. re #376 Order (Reilly, Kathryn) |
| Filing 409 SEALED DOCUMENT by Movant Northern Indiana Public Service Company. (Attachments: #1 Proposed Redactions)(Joseph, Vinu) |
| Filing 408 NOTICE of Intent to Request Redaction by Movant Northern Indiana Public Service Company re #376 Order (Joseph, Vinu) |
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Filing 407
Docket Text ORDER: Re: #388 MOTION to Seal Document / Defendants' unopposed Motion to file under seal Defendants' Proposed Findings of Fact and Conclusions of Law by Defendants Arch Coal, Inc., Peabody Energy Corporation; #389 MOTION for Leave to File Sealed Document Defendants' Response to Plaintiff's Memorandum of Law Addressing Failing and Weakened Firm Arguments by Defendant Arch Coal, Inc.; #390 MOTION for Leave to File Sealed Document Plaintiff's Proposed Findings of Fact and Conclusions of Law by Plaintiff Federal Trade Commission. ORDERED: MOTIONS ARE GRANTED. Signed by District Judge Sarah E. Pitlyk on 8/4/2020. (CBL)
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| Filing 406 SEALED DOCUMENT re #405 Notice of Intent to Request Redaction by Movant Nebraska Public Power District. (Lamson, William) |
| Filing 405 NOTICE of Intent to Request Redaction by Movant Nebraska Public Power District re #376 Order (Lamson, William) |
| Filing 404 SEALED DOCUMENT re #388 MOTION to Seal Document / Defendants' unopposed Motion to file under seal Defendants' Proposed Findings of Fact and Conclusions of Law by Defendant Peabody Energy Corporation. (Hassi, Edward) |
| Filing 403 SEALED DOCUMENT re #390 MOTION for Leave to File Sealed Document Plaintiff's Proposed Findings of Fact and Conclusions of Law by Plaintiff Federal Trade Commission. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit, #23 Exhibit, #24 Exhibit)(Matheson, Daniel) |
| Filing 402 SEALED DOCUMENT re #390 MOTION for Leave to File Sealed Document Plaintiff's Proposed Findings of Fact and Conclusions of Law by Plaintiff Federal Trade Commission. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit)(Matheson, Daniel) |
| Filing 401 SEALED DOCUMENT re #390 MOTION for Leave to File Sealed Document Plaintiff's Proposed Findings of Fact and Conclusions of Law by Plaintiff Federal Trade Commission. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit, #23 Exhibit, #24 Exhibit, #25 Exhibit, #26 Exhibit, #27 Exhibit, #28 Exhibit, #29 Exhibit, #30 Exhibit, #31 Exhibit, #32 Exhibit, #33 Exhibit, #34 Exhibit, #35 Exhibit)(Matheson, Daniel) |
| Filing 400 SEALED DOCUMENT re #390 MOTION for Leave to File Sealed Document Plaintiff's Proposed Findings of Fact and Conclusions of Law by Plaintiff Federal Trade Commission. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit)(Matheson, Daniel) |
| Filing 399 SEALED DOCUMENT re #390 MOTION for Leave to File Sealed Document Plaintiff's Proposed Findings of Fact and Conclusions of Law by Plaintiff Federal Trade Commission. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit)(Matheson, Daniel) |
| Filing 398 SEALED DOCUMENT re #390 MOTION for Leave to File Sealed Document Plaintiff's Proposed Findings of Fact and Conclusions of Law by Plaintiff Federal Trade Commission. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit)(Matheson, Daniel) |
| Filing 397 SEALED DOCUMENT re #390 MOTION for Leave to File Sealed Document Plaintiff's Proposed Findings of Fact and Conclusions of Law by Plaintiff Federal Trade Commission. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit)(Matheson, Daniel) |
| Filing 396 SEALED DOCUMENT re #390 MOTION for Leave to File Sealed Document Plaintiff's Proposed Findings of Fact and Conclusions of Law by Plaintiff Federal Trade Commission. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit)(Matheson, Daniel) |
| Filing 395 SEALED DOCUMENT re #390 MOTION for Leave to File Sealed Document Plaintiff's Proposed Findings of Fact and Conclusions of Law by Plaintiff Federal Trade Commission. (Attachments: #1 Index of Exhibits, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit)(Matheson, Daniel) |
| Filing 394 SEALED DOCUMENT re #389 MOTION for Leave to File Sealed Document Defendants' Response to Plaintiff's Memorandum of Law Addressing Failing and Weakened Firm Arguments by Defendant Arch Coal, Inc.. (Attachments: #1 Exhibit DX1008, #2 Exhibit DX6197, #3 Exhibit DX7015, #4 Exhibit Exhibit 1, #5 Exhibit Exhibit 2, #6 Exhibit PX0012, #7 Exhibit PX9192)(Pet, Steven) |
| Filing 393 SEALED DOCUMENT Proposed Redactions to David Hicks Trial Testimony by Movant DTE Energy Company. (Rafkin, Brian) |
| Filing 392 NOTICE of Intent to Request Redaction by Movant DTE Energy Company (Rafkin, Brian) |
| Filing 391 SEALED DOCUMENT re #376 Order, #387 Notice of Intent to Request Redaction Highlighted Transcript of Clark Testimony (Volume 6B by Intervenor Associated Electric Cooperative, Inc.. (Horton, Christiaan) |
| Filing 390 MOTION for Leave to File Sealed Document Plaintiff's Proposed Findings of Fact and Conclusions of Law by Plaintiff Federal Trade Commission. (Attachments: #1 Proposed Order)(Matheson, Daniel) |
| Filing 389 MOTION for Leave to File Sealed Document Defendants' Response to Plaintiff's Memorandum of Law Addressing Failing and Weakened Firm Arguments by Defendant Arch Coal, Inc.. (Pet, Steven) |
| Filing 388 MOTION to Seal Document / Defendants' unopposed Motion to file under seal Defendants' Proposed Findings of Fact and Conclusions of Law by Defendants Arch Coal, Inc., Peabody Energy Corporation. (Attachments: #1 Text of Proposed Order)(Hassi, Edward) |
| Filing 387 NOTICE of Intent to Request Redaction by Intervenor Associated Electric Cooperative, Inc. re #376 Order (Horton, Christiaan) |
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Filing 386
Docket Text ORDER: Re: #383 MOTION for Leave to File Sealed Document Memorandum of Law Addressing Failing and Weakened Firm Arguments by Plaintiff Federal Trade Commission. (Attachments: # 1 Proposed Order)(Matheson, Daniel) filed by Federal Trade Commission, #348 Consent MOTION for Leave to File Redacted Public Copies by Third Party Defendant Western Coal Traffic League. (Attachments: # 1 Exhibit A - Defendants' Redacted Memorandum of Law in Support of Motion to Compel Third-Party Discovery, # 2 Exhibit B - WCTL's Redacted Response in Opposition to Defendants' Motion to Compel Third-Party Discovery, # 3 Text of Proposed Order Granting WCTL's Unopposed Motion to File its Redacted Public Copies)(Williams, Amy) filed by Western Coal Traffic League, #341 MOTION for Leave to File Sealed Document Opening Statement by Plaintiff Federal Trade Commission. (Attachments: # 1 Proposed Order)(Matheson, Daniel) filed by Federal Trade Commission ; ORDERED GRANTED. Signed by District Judge Sarah E. Pitlyk on 7/31/20. (ARL)
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| Filing 385 NOTICE Public Filing: by Plaintiff Federal Trade Commission re #383 MOTION for Leave to File Sealed Document Memorandum of Law Addressing Failing and Weakened Firm Arguments (Attachments: #1 Redacted Memorandum of Law Addressing Failing and Weakened Firm Arguments, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit)(Matheson, Daniel) |
| Filing 384 SEALED DOCUMENT re #383 MOTION for Leave to File Sealed Document Memorandum of Law Addressing Failing and Weakened Firm Arguments by Plaintiff Federal Trade Commission. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit)(Matheson, Daniel) |
| Filing 383 MOTION for Leave to File Sealed Document Memorandum of Law Addressing Failing and Weakened Firm Arguments by Plaintiff Federal Trade Commission. (Attachments: #1 Proposed Order)(Matheson, Daniel) |
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Filing 382
Docket Text ORDER: Closing Arguments are scheduled for Monday, August 10, 2020 at 1:00PM. Each side shall have 90 minutes for closing arguments. Members of the public and media who wish to listen to the hearing should use the following call in information: Phone Number: 877-336-1839; Access Code: 3539352. All participants are reminded of the prohibitions regarding photographing, recording, and broadcasting of court proceedings (Local Rule 13.02 (FRCP 83)). (In Court Hearing set for 8/10/2020 01:00 PM in Courtroom 16N - St. Louis before District Judge Sarah E. Pitlyk.) Signed by District Judge Sarah E. Pitlyk on 7/30/2020. (NEP)
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| Filing 381 SEALED DOCUMENT Omaha Public Power District's Request for Redaction of Gary Ruhl's Testimony by Movant Omaha Public Power District. (Crainer, Brandon) |
| Filing 380 NOTICE of Intent to Request Redaction by Movant Entergy Corporation NON-PARTY (Dockterman, Michael) |
| Filing 379 NOTICE of Omaha Public Power District's Intent to Request Redaction: by Movant Omaha Public Power District (Crainer, Brandon) |
| Filing 378 NOTICE of Intent to Request Redaction by Intervenor ALLETE, Inc. re #376 Order (Kolesar, Andrew) |
| Filing 377 NOTICE of Intent to Request Redaction by Intervenor Evergy, Inc. re #356 Transcript (FILED UNDER SEAL), #376 Order (Dowd, Kelvin) |
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Filing 376
ORDER RELATING TO REDACTIONS...[See Order for Complete Details]. Signed by District Judge Sarah E. Pitlyk on 7/27/2020. (NEP)
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Filing 375
ORDER... IT IS HEREBY ORDERED that a party objecting to the admissibility of any exhibit as it is used in the opposing party's Proposed Findings of Fact and Conclusions of Law shall file such objections by no later than 12:00 PM CT on Wednesday, August 5, 2020. The parties will be limited to ten (10) pages for all such objections. IT IS FURTHER ORDERED that the parties shall respond to such objections by no later than 11:59 PM CT on Thursday, August 6, 2020. Responses also shall not exceed ten (10) pages. Signed by District Judge Sarah E. Pitlyk on 7/27/2020. (NEP)
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| Filing 374 TRANSCRIPT - Volume 9B (FILED UNDER SEAL) of 370 (MOTION HEARING) held on 7/24/2020 before Judge Pitlyk. Court Reporter/Transcriber Carla Klaustermeier. (KXS) |
| Filing 373 TRANSCRIPT - Volume 9A (FILED UNDER SEAL) of 370 (MOTION HEARING) held on 7/24/2020 before Judge Pitlyk. Court Reporter/Transcriber Laura Esposito. (KXS) |
| Filing 372 CLERKS EXHIBIT LIST for Preliminary Injunction Hearing . (KEK) |
| Filing 371 CLERKS WITNESS LIST as to Preliminary Injunction Hearing. (KEK) |
| Filing 370 ELECTRONIC MINUTE ENTRY (no pdf attached) for proceedings held before District Judge Sarah E. Pitlyk: Motion Hearing held on 7/24/2020 re #8 MOTION for Preliminary Injunction filed by Federal Trade Commission. Proceedings concluded. (Court Reporter: Laura Esposito, Laura_Esposito@moed.uscourts.gov, 314-244-7739 AND Carla Klaustermeier, Carla_Klaustermeier@moed.uscourts.gov, 314-244-7984) (proceedings started: 8:43 a.m. - 12:08 p.m.) (proceedings ended: 1:14 p.m. - 5:08 p.m.)(Deputy Clerk: K. Kratzer)(Appearance for Plaintiff: Amy Dobryznski, Philip Kehl, Jonathan Lasken, and Daniel Matheson)(Appearance for Defendant: Edward Hassi, Gorav Jindal, and Stephen Weissman) (KEK) |
| Filing 369 TRANSCRIPT - Volume 8B (FILED UNDER SEAL) of 354 (MOTION HEARING) held on 7/23/2020 before Judge Pitlyk. Court Reporter/Transcriber Angela Daley. (KXS) |
| Filing 368 TRANSCRIPT - Volume 8A (FILED UNDER SEAL) of 354 (MOTION HEARING) held on 7/23/2020 before Judge Pitlyk. Court Reporter/Transcriber Carla Klaustermeier. (KXS) |
| Filing 367 TRANSCRIPT - Volume 7B (FILED UNDER SEAL) of 350 (MOTION HEARING) held on 7/22/2020 before Judge Pitlyk. Court Reporter/Transcriber Laura Esposito. (KXS) |
| Filing 366 TRANSCRIPT - Volume 7A (FILED UNDER SEAL) of 350 (MOTION HEARING) held on 7/22/2020 before Judge Pitlyk. Court Reporter/Transcriber Carla Klaustermeier. (KXS) |
| Filing 365 TRANSCRIPT - Volume 6B (FILED UNDER SEAL) of 349 (MOTION HEARING) held on 7/21/2020 before Judge Pitlyk. Court Reporter/Transcriber Laura Esposito. (KXS) |
| Filing 364 TRANSCRIPT - Volume 6A (FILED UNDER SEAL) of 349 (MOTION HEARING) held on 7/21/2020 before Judge Pitlyk. Court Reporter/Transcriber Angela Daley. (KXS) |
| Filing 363 TRANSCRIPT - Volume 5B (FILED UNDER SEAL) of 347 (MOTION HEARING) held on 7/20/2020 before Judge Pitlyk. Court Reporter/Transcriber Gayle Madden. (KXS) |
| Filing 362 TRANSCRIPT - Volume 5A (FILED UNDER SEAL) of 347 (MOTION HEARING) held on 7/20/2020 before Judge Pitlyk. Court Reporter/Transcriber Angela Daley. (KXS) |
| Filing 361 TRANSCRIPT - Volume 4B (FILED UNDER SEAL) of 346 (MOTION HEARING) held on 7/17/2020 before Judge Pitlyk. Court Reporter/Transcriber Carla Klaustermeier. (KXS) |
| Filing 360 TRANSCRIPT - Volume 4A (FILED UNDER SEAL) of 346 (MOTION HEARING) held on 7/17/2020 before Judge Pitlyk. Court Reporter/Transcriber Gayle Madden. (KXS) |
| Filing 359 TRANSCRIPT - Volume 3B (FILED UNDER SEAL) of 344 (MOTION HEARING) held on 7/16/2020 before Judge Pitlyk. Court Reporter/Transcriber Carla Klaustermeier. (KXS) |
| Filing 358 TRANSCRIPT - Volume 3A (FILED UNDER SEAL) of 344 (MOTION HEARING) held on 7/16/2020 before Judge Pitlyk. Court Reporter/Transcriber Laura Esposito. (KXS) |
| Filing 357 TRANSCRIPT - Volume 2B (FILED UNDER SEAL) of 340 (MOTION HEARING) held on 7/15/2020 before Judge Pitlyk. Court Reporter/Transcriber Angela Daley. (KXS) |
| Filing 356 TRANSCRIPT - Volume 2A (FILED UNDER SEAL) of 340 (MOTION HEARING) held on 7/15/2020 before Judge Pitlyk. Court Reporter/Transcriber Gayle Madden. (KXS) |
| Filing 355 TRANSCRIPT - Volume 1B (FILED UNDER SEAL) of 338 (MOTION HEARING) held on 7/14/2020 before Judge Pitlyk. Court Reporter/Transcriber Angela Daley. (KXS) |
| ***REMARK : Please note documents 351, 352 and 353 do not exist due to filing error. (ARL) |
| Filing 354 ELECTRONIC MINUTE ENTRY (no pdf attached) for proceedings held before District Judge Sarah E. Pitlyk: Motion Hearing held on 7/23/2020 re #8 MOTION for Preliminary Injunction filed by Federal Trade Commission. (Court Reporter:Carla Klaustermeier, Carla_Klaustermeier@moed.uscourts.gov, 314-244-7984 AND Angela Daley, Angela_Daley@moed.uscourts.gov, 314-244-7978) (proceedings started: 11:33 a.m. - 2:22 p.m.) (proceedings ended: 2:47 p.m. - 4:37 p.m.)(Deputy Clerk: K. Kratzer)(Appearance for Plaintiff: Amy Dobrzynski, Joshua Goodman, Jonathan Lasken, Daniel Matheson, and Stephen Santulli)(Appearance for Defendant: Gorav Jindal, Michael Perry, and Stephen Weissman) (KEK) |
| Filing 350 ELECTRONIC MINUTE ENTRY (no pdf attached) for proceedings held before District Judge Sarah E. Pitlyk: Motion Hearing held on 7/22/2020 re #8 MOTION for Preliminary Injunction filed by Federal Trade Commission. (Court Reporter:Carla Klaustermeier, Carla_Klaustermeier@moed.uscourts.gov, 314-244-7984 AND Laura Esposito, Laura_Esposito@moed.uscourts.gov, 314-244-7739) (proceedings started: 9:06 a.m. - 12:36 p.m.) (proceedings ended: 1:40 p.m. - 3:10 p.m.)(Deputy Clerk: K. Kratzer)(Appearance for Plaintiff: Amy Dobrzynski, Philip Kehl, and Daniel Matheson)(Appearance for Defendant: Edward Hassi, Leah S. Martin, Michael J. Perry, and Stephen Weissman) (KEK) |
| Filing 348 Consent MOTION for Leave to File Redacted Public Copies by Third Party Defendant Western Coal Traffic League. (Attachments: #1 Exhibit A - Defendants' Redacted Memorandum of Law in Support of Motion to Compel Third-Party Discovery, #2 Exhibit B - WCTL's Redacted Response in Opposition to Defendants' Motion to Compel Third-Party Discovery, #3 Text of Proposed Order Granting WCTL's Unopposed Motion to File its Redacted Public Copies)(Williams, Amy) |
| Filing 349 ELECTRONIC MINUTE ENTRY (no pdf attached) for proceedings held before District Judge Sarah E. Pitlyk: Motion Hearing held on 7/21/2020 re #8 MOTION for Preliminary Injunction filed by Federal Trade Commission. (Court Reporter:Angela Daley, Angela_Daley@moed.uscourts.gov, 314-244-7978 AND Laura Esposito, Laura_Esposito@moed.uscourts.gov, 314-244-7739) (proceedings started: 9:04 a.m. - 12:38 a.m.) (proceedings ended: 1:42 p.m. - 4:58 p.m.)(Deputy Clerk: K. Kratzer)(Appearance for Plaintiff: Amy E. Dobrzynski, Michael Anthony Franchak, and Jonathan Lasken)(Appearance for Defendant: Corey Roush, Michael J. Perry, and Stephen Weissman) (KEK) Modified on 7/23/2020 (KEK). |
| Filing 347 ELECTRONIC MINUTE ENTRY (no pdf attached) for proceedings held before District Judge Sarah E. Pitlyk: Motion Hearing held on 7/20/2020 re #8 MOTION for Preliminary Injunction filed by Federal Trade Commission. (Court Reporter AM:Angela Daley, Angela_Daley@moed.uscourts.gov, 314-244-7978/ Court Reporter PM: Gayle Madden, Gayle_Madden@moed.uscourts.gov, 314-244-7987) (proceedings started: 9:00) (proceedings ended: 5:10)(Deputy Clerk: NEP)(Appearance for Plaintiff: Amy Dobrzynski, Philip Kehl, & Daniel Matheson)(Appearance for Defendant: Edwards Hassi, Gorav Jindal, Leah Martin, Corey Roush, Michael Perry & Stephen Weissman) (NEP) |
| Filing 346 ELECTRONIC MINUTE ENTRY (no pdf attached) for proceedings held before District Judge Sarah E. Pitlyk: Motion Hearing held on 7/17/2020 re #8 MOTION for Preliminary Injunction filed by Federal Trade Commission. Evidence entered, but not concluded. Hearing to continue on Monday, July 20, 2020 at 9:00AM. (Court Reporter AM:Gayle Madden, Gayle_Madden@moed.uscourts.gov, 314-244-7987/Court Reporter PM: Carla Klaustermeier, Carla_Klaustermeier@moed.uscourts.gov, 314-244-7984) (proceedings started: 9:00) (proceedings ended: 1:45)(Deputy Clerk: NEP)(Appearance for Plaintiff: Amy Dobrzynski, Michael Franchak & Daniel Matheson)(Appearance for Defendant: Edward Hassi, Gorav Jindal, Leah Martin, Michael Perry & Stephen Weissman) (NEP) |
| Filing 345 Transcript Redaction Request re #339 (MOTION HEARING) by attorney Richard B. Walsh, Jr. (Walsh, Richard) |
| Filing 344 ELECTRONIC MINUTE ENTRY (no pdf attached) for proceedings held before District Judge Sarah E. Pitlyk: Motion Hearing held on 7/17/2020 re #8 MOTION for Preliminary Injunction filed by Federal Trade Commission. Evidence entered, but not concluded. (Court Reporter AM:Laura Esposito, Laura_Esposito@moed.uscourts.gov, 314-244-7739/ Court Reporter PM: Carla Klaustermeier, Carla_Klaustermeier@moed.uscourts.gov, 314-244-7984) (proceedings started: 9:00) (proceedings ended: 5:05)(Deputy Clerk: NEP)(Appearance for Plaintiff: Amy Dobrznski & Daniel Matheson)(Appearance for Defendant: Edward Hassi, Leah Martin, Michael Schaper, Matthew Adler, Steven Pet & Stephen Wiessman) (NEP) |
| Filing 343 NOTICE Public Filing of Opening Statement: by Plaintiff Federal Trade Commission re #341 MOTION for Leave to File Sealed Document Opening Statement (Attachments: #1 Plaintiff's Redacted Opening Statement)(Matheson, Daniel) |
| Filing 342 SEALED DOCUMENT re #341 MOTION for Leave to File Sealed Document Opening Statement by Plaintiff Federal Trade Commission. (Matheson, Daniel) |
| Filing 341 MOTION for Leave to File Sealed Document Opening Statement by Plaintiff Federal Trade Commission. (Attachments: #1 Proposed Order)(Matheson, Daniel) |
| Filing 340 ELECTRONIC MINUTE ENTRY (no pdf attached) for proceedings held before District Judge Sarah E. Pitlyk: Motion Hearing held on 7/15/2020 re #8 MOTION for Preliminary Injunction filed by Federal Trade Commission. Evidence entered, but not concluded. PI Hearing continued to 7/16/2020 at 9:00am. (Court Reporter AM:Gayle Madden, Gayle_Madden@moed.uscourts.gov, 314-244-7987/Court Reporter PM: Angela Daley, Angela_Daley@moed.uscourts.gov, 314-244-7978) (proceedings started: 9:00) (proceedings ended: 5:30)(Deputy Clerk: NEP)(Appearance for Plaintiff: Amy Dobrzynski, Michael Franchak, Ernest Elmore, & Daniel Matheson)(Appearance for Defendant: Edward Hassi, Gorav Jindal, Leah Martin, William Lavery, Steven Pet & Stephen Weissman) (NEP) |
| Filing 339 TRANSCRIPT - Volume 1A of 338 (MOTION HEARING) held on 7/14/2020 before Judge Sarah E. Pitlyk. Court Reporter/Transcriber Laura Esposito, Laura_Esposito@moed.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/4/2020. Redacted Transcript Deadline set for 8/14/2020. Release of Transcript Restriction set for 10/13/2020. (NEP) Modified on 7/27/2020 (KXS). |
| Filing 338 ELECTRONIC MINUTE ENTRY (no pdf attached) for proceedings held before District Judge Sarah E. Pitlyk: Motion Hearing held on 7/14/2020 re #8 MOTION for Preliminary Injunction filed by Federal Trade Commission. Opening statements heard, evidence started but not concluded. (Court Reporter AM:Laura Esposito, Laura_Esposito@moed.uscourts.gov, 314-244-7739/ Court Reporter PM: Angela Daley, Angela_Daley@moed.uscourts.gov, 314-244-7978) (proceedings started: 9:30) (proceedings ended: 5:30)(Deputy Clerk: NEP)(Appearance for Plaintiff: Amy Dobrzynski, Dan Matheson & Michael Franchak)(Appearance for Defendant: Edward Hassi, Gorav Jindal, Leah Martin, Michael Perry, Steven Pet & Stephen Weissman) (NEP) |
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Filing 337
Docket Text ORDER: The preliminary injunction hearing scheduled for today, July 13, 2020 is continued until tomorrow, July 14, 2020 at 9:00AM. Members of the public and media who wish to listen to the hearing should use the following call in information: Phone Number: 877-336-1839; Access Code: 3539352. All participants are reminded of the prohibitions regarding photographing, recording, and broadcasting of court proceedings (Local Rule 13.02 (FRCP 83)). Signed by District Judge Sarah E. Pitlyk on 7/13/2020. (NEP)
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| Filing 336 ENTRY of Appearance by Maria Cirincione for Plaintiff Federal Trade Commission. (Cirincione, Maria) |
| Filing 335 NOTICE Filing of Plaintiff's Redacted Reply Memorandum of Law in Support of Preliminary Injunction: by Plaintiff Federal Trade Commission re #320 Sealed Document,, (Attachments: #1 Redacted Reply Memorandum of Law in Support of Preliminary Injunction, #2 Index of Exhibits, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit)(Matheson, Daniel) |
| Filing 334 NOTICE Proposed Order Granting Non-Party OGE Energy Corp.'s Unopposed Motion for In Camera Review of OGE Energy Corp. Documents and Information: by Intervenor OGE Energy Corp. re #250 MOTION to Intervene (Blackwell, Andrew) |
| Filing 333 NOTICE by Intervenor Navajo Transitional Energy Company of Request for Remote Live Testimony of Its Employee Harry D. Tipton, III, Pursuant to Paragraph F of the Court's Second Order Relating to Hearing (Thomas, William) |
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Filing 332
Docket Text ORDER: A ten-day preliminary injunction hearing is scheduled to begin in this case on July 13, 2020. Members of the public and media who wish to listen to the hearing should use the following call in information: Phone Number: 877-336-1839; Access Code: 3539352. All participants are reminded of the prohibitions regarding photographing, recording, and broadcasting of court proceedings (Local Rule 13.02 (FRCP 83)). Signed by District Judge Sarah E. Pitlyk on 7/10/2020. (KXS)
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| Filing 331 NOTICE Filing of Defendants' Redacted Brief Pursuant to Paragraph 5 of the Order Relating to Hearing (ECF NO. 166): by Defendant Peabody Energy Corporation re #299 Sealed Document, (Roush, Corey) |
| Filing 330 TRANSCRIPT of 329 (PRE-HEARING CONFERENCE) held on July 9, 2020 before Judge Pitlyk. Court Reporter/Transcriber Laura Esposito, Laura_Esposito@moed.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/31/2020. Redacted Transcript Deadline set for 8/10/2020. Release of Transcript Restriction set for 10/8/2020. (KEK) |
| Filing 328 MEMORANDUM in Support of Motion re #327 MOTION for Leave to Receive in Camera Treatment filed by Defendant Peabody Energy Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B)(Jindal, Gorav) |
| Filing 327 MOTION for Leave to Receive in Camera Treatment by Defendant Peabody Energy Corporation. (Jindal, Gorav) |
| Filing 326 NOTICE Compliance with Court's July 1, 2020 Order: by Interested Party Alliant Energy (Attachments: #1 Attachment)(Buck, Jonathan) |
| Filing 329 ELECTRONIC MINUTE ENTRY (no pdf attached) for proceedings held before District Judge Sarah E. Pitlyk: In Court Hearing held on 7/9/2020. (Court Reporter:Laura Esposito, Laura_Esposito@moed.uscourts.gov, 314-244-7739) (proceedings started: 11:15) (proceedings ended: 1:00)(Deputy Clerk: NEP)(Appearance for Plaintiff: Amy Dobrzynski, Daniel Matheson, Christopher Caputo, Joshua Goodman, and Jonathan Lasken)(Appearance for Defendant: Edward Hassi, Gorav Jindal, Michael Martinich-Sauter, Corey Roush, Michael Schaper, Cristine Thrasher, Michael Perry, Stephen Weissman, William Lavery, Steven Pet, & Matthew Adeler) (NEP) |
| Filing 325 NOTICE Compliance with the Court's July 1, 2020 Order: by Intervenor OGE Energy Corp. re #251 Memorandum in Support of Motion, #250 MOTION to Intervene , #110 Protective Order (Blackwell, Andrew) |
| Filing 324 MOTION for Leave to Appear Pro Hac Vice William M. Lamson, Jr.. The Certificate of Good Standing was attached.(Filing fee $100 receipt number AMOEDC-8009681) by Movant Nebraska Public Power District. (Attachments: #1 Certificate of Good Standing)(Lamson, William) |
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Filing 323
Docket Text ORDER: Re: #319 MOTION for Leave to File Under Seal Plaintiff's Reply Memorandum of Law in Support of Preliminary Injunction by Plaintiff Federal Trade Commission. (Attachments: # 1Proposed Order)(Matheson, Daniel) filed by Federal Trade Commission; ORDERED GRANTED. Signed by District Judge Sarah E. Pitlyk on 7/9/2020. (KEK)
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| Filing 322 SEALED DOCUMENT re #319 MOTION for Leave to File Under Seal Plaintiff's Reply Memorandum of Law in Support of Preliminary Injunction by Plaintiff Federal Trade Commission. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit)(Matheson, Daniel) |
| Filing 321 SEALED DOCUMENT re #319 MOTION for Leave to File Under Seal Plaintiff's Reply Memorandum of Law in Support of Preliminary Injunction by Plaintiff Federal Trade Commission. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit, #23 Exhibit)(Matheson, Daniel) |
| Filing 320 SEALED DOCUMENT re #319 MOTION for Leave to File Under Seal Plaintiff's Reply Memorandum of Law in Support of Preliminary Injunction by Plaintiff Federal Trade Commission. (Attachments: #1 Index of Exhibits, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit)(Matheson, Daniel) |
| Filing 319 MOTION for Leave to File Under Seal Plaintiff's Reply Memorandum of Law in Support of Preliminary Injunction by Plaintiff Federal Trade Commission. (Attachments: #1 Proposed Order)(Matheson, Daniel) |
| Filing 318 NOTICE Filing of Plaintiff's Redacted Opposition to Defendants' Motion in Limine to Exclude Third Party Declarations of Witnesses that Testified Live: by Plaintiff Federal Trade Commission re #300 Sealed Document,, (Attachments: #1 Redacted Opposition to Defendants' Motion in Limine to Exclude Third Party Declarations from Witnesses Who Testified Live, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit)(Matheson, Daniel) |
| Filing 317 SEALED DOCUMENT re #242 Consent MOTION to Seal Document #110 Protective Order by Interested Party Caterpillar Inc.. (O'Toole, Terrence) |
| Filing 316 NOTICE Compiance With The Court's July 1, 2020 Order: by Intervenor Associated Electric Cooperative, Inc. re 210 Docket Text Order, (Horton, Christiaan) |
| Filing 315 NOTICE Filing of Plaintiff's Redacted Brief Pursuant to Paragraph 5 of Order Relating to Hearing: by Plaintiff Federal Trade Commission re #294 Sealed Document, (Attachments: #1 Redacted Brief Pursuant to Paragraph 5 of Order Relating to Hearing (ECF No. 166))(Matheson, Daniel) |
| Filing 314 NOTICE of Compliance with the Court's July 1, 2020 Order: by Interested Party Tennessee Valley Authority re #194 Third Party MOTION for Relief In Camera Treatment of Confidential Material Under The Modified Protective Order (Attachments: #1 Letter Transmittal Letter for Courtesy Copies of In Camera Exhibits, #2 Exhibit UPS Receipt)(Ayliffe, David) |
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Filing 313
Docket Text ORDER: Re: #307 MOTION for Leave to File Exhibits Under Seal by Plaintiff Federal Trade Commission. (Attachments: # 1 Proposed Order)(Matheson, Daniel) filed by Federal Trade Commission ; ORDERED GRANTED. Signed by District Judge Sarah E. Pitlyk on 7/7/20. (ARL)
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| Filing 312 AMICUS BRIEF IN OPPOSITION re #8 MOTION for Preliminary Injunction by Movant Wyoming, State of. (ARL) |
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Filing 311
Docket Text ORDER: Re: #273 MOTION for Leave to File Amicus Brief by Movant Wyoming, State of. (Attachments: # 1 Attachment Proposed Amicus Brief)(Kaste, James) filed by Wyoming, State of ; ORDERED GRANTED. Signed by District Judge Sarah E. Pitlyk on 7/7/20. (ARL)
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| Filing 310 SEALED DOCUMENT re #307 MOTION for Leave to File Exhibits Under Seal by Plaintiff Federal Trade Commission. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit)(Matheson, Daniel) |
| Filing 309 SEALED DOCUMENT re #307 MOTION for Leave to File Exhibits Under Seal by Plaintiff Federal Trade Commission. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit)(Matheson, Daniel) |
| Filing 308 NOTICE Filing Exhibits: by Plaintiff Federal Trade Commission re #307 MOTION for Leave to File Exhibits Under Seal (Matheson, Daniel) |
| Filing 307 MOTION for Leave to File Exhibits Under Seal by Plaintiff Federal Trade Commission. (Attachments: #1 Proposed Order)(Matheson, Daniel) |
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Filing 306
Docket Text ORDER: Re: #287 MOTION for Leave to Appear Pro Hac Vice Jose E. de la Fuente. The Certificate of Good Standing was attached.(Filing fee $100 receipt number AMOEDC-7999961) by Third Party Defendant Texas Municipal Power Agency. (Attachments: # 1 Certificate of Good Standing)(DE LA Fuente, Jose) filed by Texas Municipal Power Agency; ORDERED DENIED AS MOOT. Signed by District Judge Sarah E. Pitlyk on 7/7/2020. (KEK)
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Filing 305
Docket Text ORDER: IT IS HEREBY ORDERED THE FOLLOWING MOTIONS ARE ORDERED GRANTED; #218 , #253 , #272 , #280 , #288 , #296 , #297 , #302 . Signed by District Judge Sarah E. Pitlyk on 7/7/2020. (KEK)
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| Filing 304 NOTICE Public Filing of Joint Submission Pursuant to Order Relating to Hearing: by Plaintiff Federal Trade Commission re #301 Memorandum, (Attachments: #1 Joint Stipulation of Uncontested Facts, #2 FTC's Final Witness List, #3 Defendants' Final Witness List)(Matheson, Daniel) |
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Filing 303
Docket Text ORDER: Re: #293 MOTION for Leave to File Under Seal Brief Pursuant to Paragraph 5 of Order Relating to Hearing by Plaintiff Federal Trade Commission. (Attachments: #(1) Proposed Order Directing that Brief Pursuant to Paragraph 5 of the Order Relating to Hearing Be Filed Under Seal)(Matheson, Daniel) filed by Federal Trade Commission; ORDERED GRANTED. Signed by District Judge Sarah E. Pitlyk on 7/7/2020. (KEK)
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| Filing 302 MOTION for Leave to File Joint Submission Pursuant to Order Relating to Hearing Under Seal by Plaintiff Federal Trade Commission. (Attachments: #1 Proposed Order)(Matheson, Daniel) |
| Filing 301 MEMORANDUM Pursuant to Order Relating to Hearing by Plaintiff Federal Trade Commission. (Attachments: #1 Joint Stipulation of All Uncontested Facts, #2 FTC's Final Witness List, #3 Defendants' Final Witness List, #4 FTC's Final Exhibit List, #5 Defendants' Final Exhibit List)(Matheson, Daniel) |
| Filing 300 SEALED DOCUMENT re #297 MOTION for Leave to File Under Seal Opposition to Defendants' Motion in Limine to Exclude Third Party Declarations of Witnesses that Testified Live and Accompanying Exhibits by Plaintiff Federal Trade Commission. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit)(Matheson, Daniel) |
| Filing 299 SEALED DOCUMENT re #296 MOTION for Leave to File Sealed Document / Motion to File Under Seal Defendants' Brief Pursuant to Paragraph 5 of Order Relating to Hearing (ECF NO. 166) and Accompanying Exhibit by Defendant Peabody Energy Corporation. (Attachments: #1 Exhibit)(Roush, Corey) |
| Filing 298 SEALED DOCUMENT re #297 MOTION for Leave to File Under Seal Opposition to Defendants' Motion in Limine to Exclude Third Party Declarations of Witnesses that Testified Live and Accompanying Exhibits by Plaintiff Federal Trade Commission. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit)(Matheson, Daniel) |
| Filing 297 MOTION for Leave to File Under Seal Opposition to Defendants' Motion in Limine to Exclude Third Party Declarations of Witnesses that Testified Live and Accompanying Exhibits by Plaintiff Federal Trade Commission. (Attachments: #1 Proposed Order)(Matheson, Daniel) |
| Filing 296 MOTION for Leave to File Sealed Document / Motion to File Under Seal Defendants' Brief Pursuant to Paragraph 5 of Order Relating to Hearing (ECF NO. 166) and Accompanying Exhibit by Defendant Peabody Energy Corporation. (Roush, Corey) |
| Filing 295 SEALED DOCUMENT re #293 MOTION for Leave to File Under Seal Brief Pursuant to Paragraph 5 of Order Relating to Hearing by Plaintiff Federal Trade Commission. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Matheson, Daniel) |
| Filing 294 SEALED DOCUMENT re #293 MOTION for Leave to File Under Seal Brief Pursuant to Paragraph 5 of Order Relating to Hearing Brief Pursuant to Paragraph 5 of Order Relating to Hearing by Plaintiff Federal Trade Commission. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit)(Matheson, Daniel) |
| Filing 293 MOTION for Leave to File Under Seal Brief Pursuant to Paragraph 5 of Order Relating to Hearing by Plaintiff Federal Trade Commission. (Attachments: #1 Proposed Order Directing that Brief Pursuant to Paragraph 5 of the Order Relating to Hearing Be Filed Under Seal)(Matheson, Daniel) |
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Filing 292
ORDER... IT IS HEREBY ORDERED that Defendants' Motion to Compel Third Party Discovery (Doc. [ #167 ]) from Third Party Western Coal Traffic League ("WCTL") is GRANTED in part and DENIED in part. [SEE ORDER FOR COMPLETE DETAILS.] Signed by District Judge Sarah E. Pitlyk on 7/6/2020. (NEP)
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Filing 291
Docket Text ORDER: Re: #244 MOTION for Leave to Appear Pro Hac Vice Jonathan R. Buck. The Certificate of Good Standing was attached.(Filing fee $100 receipt number AMOEDC-7998549) by Interested Party Alliant Energy. (Attachments: # 1 Certificate of Good Standing)(Buck, Jonathan) filed by Alliant Energy ; ORDERED DENIED AS MOOT. Signed by District Judge Sarah E. Pitlyk on 7/6/20. (ARL)
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Filing 290
Docket Text ORDER: The Court will hold a telephone hearing at 1 PM CT today, Monday, July 6, 2020, to provide a ruling on Defendant Peabody Energy Corporations Motion to Compel Third Party Discovery (Doc. [ #167 ]). Call-in information will be provided via email. (Telephone Conference set for 7/6/2020 01:00 PM in Telephone Conference in Chambers before District Judge Sarah E. Pitlyk.) Signed by District Judge Sarah E. Pitlyk on 7/6/2020. (NEP)
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| Filing 289 SEALED MOTION by Third Party Defendant Texas Municipal Power Agency. (Attachments: #1 Exhibit Declaration, #2 Exhibit Agreement, #3 Exhibit Brief to Attorney General, #4 Exhibit Defendants' Exhibit 1055, #5 Exhibit Defendants' Exhibit 1056, #6 Exhibit Defendants' Exhibit 1057, #7 Exhibit Defendants' Exhibit 1058, #8 Exhibit Defendants' Exhibit 1059, #9 Exhibit Defendants' Exhibit 1060, #10 Exhibit Defendants' Exhibit 1061, #11 Exhibit Defendants' Exhibit 1062, #12 Exhibit Defendants' Exhibit 1145, #13 Exhibit Defendants' Exhibit 1146, #14 Exhibit Defendants' Exhibit 1147, #15 Exhibit Defendants' Exhibit 1148, #16 Exhibit Defendants' Exhibit 1149, #17 Exhibit Defendants' Exhibit 1150, #18 Exhibit Defendants' Exhibit 1154, #19 Exhibit Defendants' Exhibit 1155, #20 Exhibit Defendants' Exhibit 1156, #21 Exhibit Deposition Excerpts, #22 Text of Proposed Order proposed Order)(DE LA Fuente, Jose) |
| Filing 288 MOTION for Leave to File Sealed Document by Third Party Defendant Texas Municipal Power Agency. (Attachments: #1 Text of Proposed Order)(DE LA Fuente, Jose) |
| Filing 287 MOTION for Leave to Appear Pro Hac Vice Jose E. de la Fuente. The Certificate of Good Standing was attached.(Filing fee $100 receipt number AMOEDC-7999961) by Third Party Defendant Texas Municipal Power Agency. (Attachments: #1 Certificate of Good Standing)(DE LA Fuente, Jose) |
| Filing 286 MEMORANDUM in Support of Motion re #285 MOTION for Leave to Receive in Camera Treatment filed by Defendant Peabody Energy Corporation. (Jindal, Gorav) |
| Filing 285 MOTION for Leave to Receive in Camera Treatment by Defendant Peabody Energy Corporation. (Jindal, Gorav) |
| Filing 282 MEMORANDUM in Support of Motion (SEALED) re #281 SEALED MOTION for In Camera Treatment of Confidential Documents and Information , #280 MOTION for Leave to File Sealed Motion and Memorandum for In Camera Treatment of Confidential Documents and Information filed by Third Party Defendant Western Coal Traffic League. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Williams, Amy) |
| Filing 281 SEALED MOTION for In Camera Treatment of Confidential Documents and Information by Third Party Defendant Western Coal Traffic League. (Attachments: #1 Text of Proposed Order Granting Motion for In Camera Treatment of Confidential Documents and Information)(Williams, Amy) |
| Filing 280 MOTION for Leave to File Sealed Motion and Memorandum for In Camera Treatment of Confidential Documents and Information by Third Party Defendant Western Coal Traffic League. (Attachments: #1 Text of Proposed Order Directing WCTL Motion for In Camera Treatment and Supporting Memorandum of Law to be Filed Under Seal)(Williams, Amy) |
| Filing 279 SEALED DOCUMENT re #275 Memorandum in Support of Motion, for Leave to Receive In Camera Treatment of Confidential Documents by Movant NRG Energy, Inc.. (Attachments: #1 Exhibit 1 to Krupka Decl., #2 Exhibit 2 to Krupka Decl., #3 Exhibit 3 to Krupka Decl., #4 Exhibit 4 to Krupka Decl., #5 Exhibit 5 to Krupka Decl., #6 Exhibit 6 to Krupka Decl.)(Krupka, Catherine) |
| Filing 278 MOTION for Hearing re #271 MOTION for Leave to Permit In Camera Treatment of Confidential Information by Movant Vistra Corp.. (Berry, Robert) |
| Filing 277 MEMORANDUM in Support of Motion re #271 MOTION for Leave to Permit In Camera Treatment of Confidential Information (Redacted) filed by Movant Vistra Corp.. (Attachments: #1 Exhibit Exhibit A Redacted Declaration of Michael Kirschner in Support of Unopposed Motion for In Camera Treatment of Confidential Material)(Berry, Robert) |
| Filing 276 SEALED DOCUMENT re #272 MOTION for Leave to File Sealed Document (Brief In Support of Unopposed Motion for In Camera Treatment of Confidential Material and Exhibit A Declaration of Michael Kirschner in support thereof, #271 MOTION for Leave to Permit In Camera Treatment of Confidential Information Brief in Support of Unopposed Motion for In Camera Treatment of Confidential Information and Exhibit A Declaration of Michael Kirschner by Movant Vistra Corp. . (Attachments: #1 Exhibit Exhibit A Declaration of Michael Kirschner In Support of Unopposed Motion for In Camera Treatment of Confidential Information)(Berry, Robert) |
| Filing 275 MEMORANDUM in Support of Motion re #270 MOTION for Leave to Receive In Camera Treatment of Confidential Documents filed by Movant NRG Energy, Inc.. (Attachments: #1 Exhibit A - Declaration of Catherine Krupka, #2 Exhibit B - Declaration of Kevin Masucci)(Krupka, Catherine) |
| Filing 274 MEMORANDUM in Support of Motion re #273 MOTION for Leave to File Amicus Brief filed by Movant Wyoming, State of. (Kaste, James) |
| Filing 273 MOTION for Leave to File Amicus Brief by Movant Wyoming, State of. (Attachments: #1 Attachment Proposed Amicus Brief)(Kaste, James) |
| Filing 272 MOTION for Leave to File Sealed Document (Brief In Support of Unopposed Motion for In Camera Treatment of Confidential Material and Exhibit A Declaration of Michael Kirschner in support thereof by Movant Vistra Corp.. (Berry, Robert) |
| Filing 271 MOTION for Leave to Permit In Camera Treatment of Confidential Information by Movant Vistra Corp.. (Berry, Robert) |
| Filing 270 MOTION for Leave to Receive In Camera Treatment of Confidential Documents by Movant NRG Energy, Inc.. (Krupka, Catherine) |
| Filing 269 SEALED DOCUMENT re #258 MOTION for Protective Order by Intervenor Parties Ameren Corporation, Union Electric Company d/b/a Ameren Missouri. (Attachments: #1 Attachment Ex PX4891, #2 Attachment Ex PX4892-DX1073, #3 Attachment Ex PX4973-DX1070, #4 Attachment Ex PX4989, #5 Attachment Ex PX5505-DX1067, #6 Attachment Ex PX5513-DX1141, #7 Attachment Ex PX5514, #8 Attachment Ex PX5531-DX1072, #9 Attachment Ex PX5532-DX1082, #10 Attachment Ex PX5533-DX1083, #11 Attachment Ex PX5537-DX1078, #12 Attachment Ex PX5538, #13 Attachment Ex PX5539, #14 Attachment Ex PX5540, #15 Attachment Ex PX5564-DX1065, #16 Attachment Ex PX5565-DX1066, #17 Attachment Ex DX1077, #18 Attachment Ex DX1084, #19 Attachment Ex DX1137, #20 Attachment Ex DX1138, #21 Attachment Ex DX1139, #22 Attachment Ex DX1142, #23 Attachment Ex DX1143, #24 Attachment Ex DX7058, #25 Attachment Ex PX5566)(Reed, Winthrop) |
| Filing 268 MOTION for Leave to File Sealed Document by Movant NRG Energy, Inc.. (Attachments: #1 Text of Proposed Order for Leave to File Sealed Documents)(Krupka, Catherine) |
| Filing 267 MEMORANDUM in Support of Motion re #265 MOTION to Intervene for the Limited Purpose of Seeking In Camera Treatment of Confidential Exhibits filed by Movant NRG Energy, Inc.. (Attachments: #1 Exhibit A - Declaration of Catherine Krupka)(Krupka, Catherine) |
| Filing 266 SEALED DOCUMENT re #258 MOTION for Protective Order by Intervenor Parties Ameren Corporation, Union Electric Company d/b/a Ameren Missouri. (Attachments: #1 Attachment Ex PX5515, #2 Attachment Ex PX6043-DX3022, #3 Attachment Ex PX6045-DX3030, #4 Attachment Ex PX7004-DX1169, #5 Attachment Ex PX7005-DX1144, #6 Attachment Ex DX1069)(Reed, Winthrop) |
| Filing 265 MOTION to Intervene for the Limited Purpose of Seeking In Camera Treatment of Confidential Exhibits by Movant NRG Energy, Inc.. (Krupka, Catherine) |
| Filing 264 SEALED DOCUMENT re #258 MOTION for Protective Order by Intervenor Parties Ameren Corporation, Union Electric Company d/b/a Ameren Missouri. (Attachments: #1 Attachment Ex PX5515 - Redacted, #2 Attachment Ex PX6043 - Redacted, #3 Attachment Ex PX6045 - Redacted, #4 Attachment Ex PX7004 - Redacted, #5 Attachment Ex PX7005 - Redacted, #6 Attachment Ex DX1069 - Redacted)(Reed, Winthrop) |
| Filing 263 MEMORANDUM in Support of Motion re #221 MOTION in Limine to Exclude Third Party Declarations of Witnesses That Testify Live filed by Defendant Arch Coal, Inc.. (Attachments: #1 Redacted Exhibits)(Lavery, William) |
| Filing 262 SEALED DOCUMENT re #260 MOTION for Leave to REQUEST IN CAMERA TREATMENT OF HIGHLY CONFIDENTIAL DOCUMENTS AND MEMORANDUM IN SUPPORT by Movant Dyno Nobel, Inc.. (Attachments: #1 Droubay Decl. Exhibit 1, #2 Droubay Decl. Exhibit 4, #3 Droubay Decl. Exhibit 5, #4 Droubay Decl. Exhibit 6)(Bansal, Deepti) |
| Filing 261 SEALED DOCUMENT re #249 MOTION for Relief for In Camera Treatment of Confidential Material by Movant Lower Colorado River Authority. (Attachments: #1 Exhibit PX5526 Purchase agreement, #2 Exhibit PX5529 Third party purchase agreement, #3 Exhibit PX5530 Forecast, #4 Exhibit PX5552 Purchase agreement, #5 Exhibit PX5553 Bid proposal correspondence, #6 Exhibit PX5554 Bid proposal correspondence, #7 Exhibit PX5555 Bid proposal correspondence, #8 Exhibit PX5556 Bid proposal correspondence, #9 Exhibit PX5557 Third party contract, #10 Exhibit PX5558 Third party contract, #11 Exhibit PX5559 Third party contract, #12 Exhibit PX5560 Third party contract, #13 Exhibit PX5561 Third party contract, #14 Exhibit PX5562 Confidential operating information, #15 Exhibit PX6048 Deposition transcript, #16 Exhibit PX7002 Declaration, #17 Exhibit DX2160 Bid proposal correspondence, #18 Exhibit DX2161 Bid proposal correspondence, #19 Exhibit DX2168 Confidential operating information, #20 Exhibit DX2169 Confidential operating information, #21 Exhibit DX2170 Confidential operating information, #22 Exhibit DX2171 Confidential operating information, #23 Exhibit DX2172 Coal quality and quantity data, #24 Exhibit DX2173 Coal quality and quantity data, #25 Exhibit DX2174 Coal quality and quantity data, #26 Exhibit DX2175 Coal quality and quantity data, #27 Exhibit DX2176 Coal quality and quantity data, #28 Exhibit DX2177 Coal quality and quantity data, #29 Exhibit DX2178 Coal quality and quantity data, #30 Exhibit DX2179 Coal quality and quantity data, #31 Exhibit DX2180 Coal quality and quantity data, #32 Exhibit DX2181 Coal quality and quantity data, #33 Exhibit DX2182 Coal quality and quantity data, #34 Exhibit DX2183 Coal quality and quantity data, #35 Exhibit DX2184 Coal quality and quantity data, #36 Exhibit DX2185 Coal quality and quantity dat, #37 Exhibit DX2186 Coal quality and quantity data, #38 Exhibit DX2187 Coal pricing and quantity data, #39 Exhibit DX2188 Coal pricing and quantity data, #40 Exhibit DX2189 Coal pricing and quantity data, #41 Exhibit DX2190 Coal pricing and quantity data, #42 Exhibit DX2191 Coal pricing and quantity dat, #43 Exhibit DX2192 Coal pricing and quantity data, #44 Exhibit DX2193 Coal pricing and quantity data, #45 Exhibit DX2194 Coal pricing and quantity dat, #46 Exhibit DX2195 Coal pricing and quantity data, #47 Exhibit DX2196 Coal pricing and quantity data, #48 Exhibit DX2197 Coal pricing and quantity data, #49 Exhibit DX2198 Coal pricing and quantity data, #50 Exhibit DX2199 Coal pricing and quantity data, #51 Exhibit DX2200 Coal pricing and quantity data, #52 Exhibit DX2201 Coal pricing and quantity data, #53 Exhibit DX2202 Rail shipment data, #54 Exhibit DX2203 Rail shipment data, #55 Exhibit DX2204 Rail shipment data, #56 Exhibit DX2209 Confidential operating information, #57 Exhibit DX2210 Confidential operating information, #58 Exhibit DX3049 Deposition transcript)(Harrison, George) |
| Filing 260 MOTION for Leave to REQUEST IN CAMERA TREATMENT OF HIGHLY CONFIDENTIAL DOCUMENTS AND MEMORANDUM IN SUPPORT by Movant Dyno Nobel, Inc.. (Attachments: #1 Exhibit A, Droubay Decl., #2 Droubay Decl. Exhibit 1 (FILED UNDER SEAL), #3 Droubay Decl. Exhibit 2 - FTC Email, #4 Droubay Decl. Exhibit 3 - Peabody Email, #5 Droubay Decl. Exhibit 4 (FILED UNDER SEAL), #6 Droubay Decl. Exhibit 5 (FILED UNDER SEAL), #7 Droubay Decl. Exhibit 6 (FILED UNDER SEAL), #8 Exhibit B, FTC No Objection Email, #9 Exhibit C, Peabody No Objection Email, #10 Text of Proposed Order)(Bansal, Deepti) |
| Filing 259 MEMORANDUM in Support of Motion re #258 MOTION for Protective Order filed by Intervenor Parties Ameren Corporation, Union Electric Company d/b/a Ameren Missouri. (Attachments: #1 Exhibit A - Declaration of Andrew Meyer, #2 Exhibit B - Declaration of Jeffrey Jones)(Reed, Winthrop) |
| Filing 258 MOTION for Protective Order by Intervenor Parties Ameren Corporation, Union Electric Company d/b/a Ameren Missouri. (Reed, Winthrop) |
| Filing 257 SEALED DOCUMENT re #254 MOTION for Leave to Receive In Camera Treatment of Confidential Information by Movant Xcel Energy, Inc.. (Attachments: #1 Exhibit A, Part 1 - Proposed Exhibits, #2 Exhibit A, Part 2 - Proposed Exhibits, #3 Exhibit B - Xcel Energy Deposition Transcripts)(Reilly, Kathryn) |
| Filing 255 Third Party SEALED MOTION by Movant Elliott Management Corporation. (Attachments: #1 Attachment Memorandum in Support of Motion, #2 Text of Proposed Order, #3 Exhibit, #4 Exhibit, #5 Exhibit)(Hall, John) |
| Filing 254 MOTION for Leave to Receive In Camera Treatment of Confidential Information by Movant Xcel Energy, Inc.. (Reilly, Kathryn) |
| Filing 253 Third Party MOTION for Leave to File Sealed Motion by Movant Elliott Management Corporation. (Attachments: #1 Letter, #2 Text of Proposed Order)(Hall, John) |
| Filing 252 MOTION for In Camera treatment by Movant Midamerican Energy Company. (KXS) |
| Filing 251 MEMORANDUM in Support of Motion re #250 MOTION for In Camera treatment of confidential material filed by Intervenor OGE Energy Corp.. (Fehr, Amy) Modified on 7/2/2020 (KXS). |
| Filing 250 MOTION for In Camera treatment of confidential material by Plaintiff OGE Energy Corp., Intervenor OGE Energy Corp.. (Fehr, Amy) Modified on 7/2/2020 (KXS). |
| Filing 249 MOTION for Relief for In Camera Treatment of Confidential Material by Movant Lower Colorado River Authority. (Attachments: #1 Text of Proposed Order Proposed Order Granting LCRA's Motion for In Camera Treatment)(Harrison, George) |
| Filing 248 ENTRY of Appearance by Andrew W. Blackwell. (Blackwell, Andrew) Modified on 7/2/2020 (KXS). |
| Filing 247 ENTRY of Appearance by Amy L. Fehr. (Fehr, Amy) Modified on 7/2/2020 (KXS). |
| Filing 246 TRANSCRIPT ORDER REQUEST for daily copy (PRETRIAL CONFERENCE) by Federal Trade Commission for proceedings to be held on 7/9/2020 before Judge Pitlyk.. (Matheson, Daniel) |
| Filing 245 TRANSCRIPT ORDER REQUEST for daily copy (Preliminary Injunction) /REVISED Transcript Order Request for daily copy and real time (Preliminary Injunction) by Peabody Energy Corporation for proceedings to be held on 7/9/2020-7/24/2020 before Judge Sarah E. Pitlyk.. (Hassi, Edward) |
| Filing 244 MOTION for Leave to Appear Pro Hac Vice Jonathan R. Buck. The Certificate of Good Standing was attached.(Filing fee $100 receipt number AMOEDC-7998549) by Interested Party Alliant Energy. (Attachments: #1 Certificate of Good Standing)(Buck, Jonathan) |
| Filing 243 MOTION for Leave to Receive In Camera Treatment of Confidential Material by Interested Party Alliant Energy. (Buck, Jonathan) |
| Filing 242 Consent MOTION to Seal Document #110 Protective Order by Interested Party Caterpillar Inc.. (Attachments: #1 Exhibit PX7014)(O'Toole, Terrence) |
| Filing 241 ENTRY of Appearance by Terrence Joseph O'Toole, Jr for Interested Party Caterpillar Inc.. (O'Toole, Terrence) |
| Filing 239 MOTION for Leave to NON-PARTY ENTERGY CORPORATIONS UNOPPOSED MOTION FOR IN CAMERA TREATMENT FOR PROPOSED EXHIBITS CONTAINING CONFIDENTIAL ENTERGY MATERIALS by Movant Entergy Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Dockterman, Michael) |
| Filing 238 SEALED DOCUMENT re #237 Memorandum in Support of Motion, #236 MOTION for Leave to /for In Camera Treatment and Redaction of Confidential Material (Unopposed) by Movant Par Pacific Holdings, Inc.. (Attachments: #1 Exhibit B - Declaration, #2 Exhibit C - Deposition Transcript)(Sheppard, Hille) |
| Filing 237 MEMORANDUM in Support of Motion re #236 MOTION for Leave to /for In Camera Treatment and Redaction of Confidential Material (Unopposed) filed by Movant Par Pacific Holdings, Inc.. (Attachments: #1 Exhibit 1 - Declaration of James M. Vaughn, #2 Exhibit A to Exhibit 1 - Redactions Chart, #3 Exhibit B to Exhibit 1 - Filed Under Seal, #4 Exhibit C to Exhibit 1 - Filed Under Seal)(Sheppard, Hille) |
| Filing 236 MOTION for Leave to /for In Camera Treatment and Redaction of Confidential Material (Unopposed) by Movant Par Pacific Holdings, Inc.. (Attachments: #1 Text of Proposed Order)(Sheppard, Hille) |
| Filing 234 MEMORANDUM in Support of Motion re #233 MOTION for Leave to Receive In Camera Treatment of Confidential Documents and Information filed by Intervenor Evergy, Inc.. (Dowd, Kelvin) |
| Filing 233 MOTION for Leave to Receive In Camera Treatment of Confidential Documents and Information by Intervenor Evergy, Inc.. (Attachments: #1 Text of Proposed Order Granting Motion for In Camera Treatment of Confidential Documents and Information)(Dowd, Kelvin) |
| Filing 232 SEALED DOCUMENT re #231 MOTION for Leave to Receive In Camera Treatment by Movant American Electric Power Service Corporation. (Attachments: #1 Exhibit B (Proposed Exhibits), #2 Exhibit C (Transcript of Deposition of Amy Jeffries))(King, James) |
| Filing 231 MOTION for Leave to Receive In Camera Treatment by Movant American Electric Power Service Corporation. (Attachments: #1 Exhibit A (Declaration of Amy Jeffries))(King, James) |
| Filing 230 MOTION for Leave to Receive In Camera Review of its Confidential Documents by Movant Nebraska Public Power District. (O'Brien, Anne) |
| Filing 229 MOTION for Relief Requesting In Camera Treatment of Confidential Hearing Exhibits by Movant Northern Indiana Public Service Company. (Joseph, Vinu) |
| Filing 228 TRANSCRIPT ORDER REQUEST for daily copy (NON-JURY TRIAL) by Peabody Energy Corporation for proceedings to be held on 7/13/2020 before Judge Sarah Pitlyk.. (Thrasher, Cristina) |
| Filing 227 NON-PARTY THE SOUTHERN COMPANYS MOTION FOR IN CAMERA TREATMENT OF CERTAIN TRIAL EXHIBITS by Movant The Southern Company. (Attachments: #1 Attachment Supporting Affidavit)(NEP) |
| Filing 226 MEMORANDUM in Support of Motion re #225 MOTION for Leave to Receive in Camera Treatment filed by Defendant Peabody Energy Corporation. (Jindal, Gorav) |
| Filing 225 MOTION for Leave to Receive in Camera Treatment by Defendant Peabody Energy Corporation. (Jindal, Gorav) |
| Filing 224 MEMORANDUM in Support of Motion re #223 MOTION for Leave to Receive In Camera Treatment of Confidential Exhibits filed by Defendant Arch Coal, Inc.. (Lavery, William) |
| Filing 223 MOTION for Leave to Receive In Camera Treatment of Confidential Exhibits by Defendant Arch Coal, Inc.. (Lavery, William) |
| Filing 222 MEMORANDUM in Support of Motion (SEALED) re #221 MOTION in Limine to Exclude Third Party Declarations of Witnesses That Testify Live filed by Defendant Arch Coal, Inc.. (Attachments: #1 Exhibit DX1023, #2 Exhibit PX5001, #3 Exhibit PX6012, #4 Exhibit PX6015, #5 Exhibit PX6016, #6 Exhibit PX6038, #7 Exhibit PX6045, #8 Exhibit PX6048, #9 Exhibit PX7002, #10 Exhibit PX7003, #11 Exhibit PX7004, #12 Exhibit PX7005, #13 Exhibit PX7006, #14 Exhibit PX7008, #15 Exhibit PX7009, #16 Exhibit PX7011, #17 Exhibit PX8001, #18 Exhibit PX8002, #19 Exhibit PX8006)(Lavery, William) |
| Filing 221 MOTION in Limine to Exclude Third Party Declarations of Witnesses That Testify Live by Defendant Arch Coal, Inc.. (Lavery, William) |
| Filing 220 MEMORANDUM in Support of Motion re #219 MOTION for Leave to Receive in Camera Treatment of PX3021, PX3022, PX4352 filed by Intervenor Peter Kiewit Sons', Inc.. (Schwartz, Kenneth) |
| Filing 219 MOTION for Leave to Receive in Camera Treatment of PX3021, PX3022, PX4352 by Intervenor Peter Kiewit Sons', Inc.. (Schwartz, Kenneth) |
| Filing 218 MOTION for Leave to File Sealed Document DEFENDANTS UNOPPOSED MOTION TO FILE UNDER SEAL DEFENDANTS MEMORANDUM OF LAW IN SUPPORT OF THEIR MOTION IN LIMINE TO EXCLUDE THIRD PARTY DECLARATIONS OF WITNESSES THAT TESTIFIED LIVE by Defendant Arch Coal, Inc.. (Lavery, William) |
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Filing 217
SECOND ORDER RELATING TO HEARING... This action is set for a ten-day preliminary injunction hearing ("PI Hearing") beginning on July 13, 2020, at 9 am CT. In addition to the requirements set out in the Joint Stipulated Modified Case Management and Scheduling Order ("CMO"), Doc. [ #131 ], and the Order Relating to Hearing, Doc. [ #166 ], the following policies shall apply in this case: [SEE ORDER FOR COMPLETE DETAILS.]. Signed by District Judge Sarah E. Pitlyk on 7/1/2020. (NEP)
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| Filing 216 SEALED DOCUMENT re #215 MOTION for Leave to Receive In Camera Treatment of Confidential Exhibits by Plaintiff Federal Trade Commission. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit)(Matheson, Daniel) |
| Filing 215 MOTION for Leave to Receive In Camera Treatment of Confidential Exhibits by Plaintiff Federal Trade Commission. (Matheson, Daniel) |
| Filing 213 MEMORANDUM in Support of Motion re #212 MOTION for Leave to Receive In Camera Treatment of Confidential Documents and Information filed by Intervenor WEC Energy Group, Inc.. (Pergolizzi, Frank) |
| Filing 212 MOTION for Leave to Receive In Camera Treatment of Confidential Documents and Information by Intervenor WEC Energy Group, Inc.. (Attachments: #1 Text of Proposed Order Granting Motion for In Camera Treatment)(Pergolizzi, Frank) |
| Filing 211 MEMORANDUM in Support of Motion re #198 MOTION for Relief In Camera Treatment of Confidential Exhibits filed by Intervenor Associated Electric Cooperative, Inc.. (Attachments: #1 Text of Proposed Order Order Granting Motion to Intervene, #2 Text of Proposed Order Order Granting Motion to In Camera Treatment of Confidential Exhibits and Information)(Horton, Christiaan) |
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Filing 210
Docket Text ORDER: IT IS HEREBY ORDERED that all third-party movants are to file a courtesy copy on paper of all Motions to Receive in camera treatment with exhibits attached as soon as possible. Signed by District Judge Sarah E. Pitlyk on 7/1/20. (ARL)
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| Filing 207 MEMORANDUM in Support of Motion re #206 MOTION for Leave to Receive In Camera Treatment of Confidential Documents and Information filed by Intervenor ALLETE, Inc.. (Kolesar, Andrew) |
| Filing 206 MOTION for Leave to Receive In Camera Treatment of Confidential Documents and Information by Intervenor ALLETE, Inc.. (Attachments: #1 Text of Proposed Order Granting Motion for In Camera Treatment of Confidential Documents and Information)(Kolesar, Andrew) |
| Filing 204 MEMORANDUM in Support of Motion re #203 MOTION for Leave to Receive In Camera Treatment of Confidential Documents and Information filed by Movant Dairyland Power Cooperative. (Pergolizzi, Frank) |
| Filing 203 MOTION for Leave to Receive In Camera Treatment of Confidential Documents and Information by Movant Dairyland Power Cooperative. (Attachments: #1 Text of Proposed Order Granting Motion for In Camera Treatment of Confidential Documents and Information)(Pergolizzi, Frank) |
| Filing 202 MOTION for Relief In Camera Treatment of Trial Exhibits by Movant DTE Energy Company. (Attachments: #1 Jun. 25 Email from J. Goodman, #2 Jun. 25 Email from M. Schmitten)(Rafkin, Brian) |
| Filing 201 MOTION for Leave to Motion for In Camera Treatment by Movant Michelin North America, Inc.. (Esposito, Lesli) |
| Filing 200 MOTION for Protective Order and for In Camera Review as to Certain Confidential Material by Intervenor Navajo Transitional Energy Company. (Thomas, William) |
| Filing 199 MEMORANDUM in Opposition re #137 SEALED MOTION for Preliminary Injunction / REDACTED Memorandum of Law filed by Defendant Peabody Energy Corporation. (Attachments: #1 REDACTED Index of Exhibits, #2 Exhibit DX1001, #3 Exhibit DX1002, #4 Exhibit DX1012, #5 Exhibit DX1019, #6 Exhibit DX2013, #7 Exhibit DX2094, #8 Exhibit DX2128, #9 Exhibit DX2130, #10 Exhibit DX8002, #11 Exhibit DX8007, #12 Exhibit DX8008, #13 Exhibit DX8009, #14 Exhibit DX8010, #15 Exhibit DX8011, #16 Exhibit DX8012, #17 Exhibit DX8013, #18 Exhibit DX8022, #19 Exhibit DX8026, #20 Exhibit DX8030, #21 Exhibit DX8031, #22 Exhibit DX8033, #23 Exhibit DX8590, #24 Exhibit DX8591, #25 Exhibit DX8691, #26 Exhibit DX8692, #27 Exhibit DX8693, #28 Exhibit DX8694, #29 Exhibit DX8695, #30 Exhibit DX8696, #31 Exhibit DX8697, #32 Exhibit DX9698, #33 Exhibit DX8699, #34 Exhibit DX8700, #35 Exhibit DX8707)(Hassi, Edward) (Main Document 199 replaced on 7/1/2020 - the original version did not open correctly in adobe.) (NEP). |
| Filing 198 MOTION for Relief In Camera Treatment of Confidential Exhibits by Intervenor Associated Electric Cooperative, Inc.. (Horton, Christiaan) |
| Filing 197 MEMORANDUM in Support of Motion re #196 MOTION to Intervene for the Limited Purpose of Seeking In Camera Treatment of Confidential Exhibits filed by Intervenor Associated Electric Cooperative, Inc.. (Horton, Christiaan) |
| Filing 196 MOTION to Intervene for the Limited Purpose of Seeking In Camera Treatment of Confidential Exhibits by Intervenor Associated Electric Cooperative, Inc.. (Horton, Christiaan) |
| Filing 195 TRANSCRIPT ORDER REQUEST for daily copy (Preliminary Injunction Hearing) by Arch Coal, Inc. for proceedings to be held on 7/9/2020 - 7/24/2020 before Judge Pitlyk.. (Weissman, Stephen) |
| Filing 194 Third Party MOTION for Relief In Camera Treatment of Confidential Material Under The Modified Protective Order by Interested Party Tennessee Valley Authority. (Attachments: #1 Affidavit Declaration of Brian Billinson)(Ayliffe, David) |
| Filing 193 MOTION FOR IN CAMERA TREATMENT by Movant Omaha Public Power District. (NEP) |
| Filing 185 Joint MOTION for Ruling on Pre-Hearing Order and Request for Teleconference by Plaintiff Federal Trade Commission. (Matheson, Daniel) |
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Filing 184
Docket Text ORDER: Re: Doc. #157 Third Party Defendant Western Coal Traffic League shall submit all documents identified in Doc. [169-1] for in camera review by no later than 5 PM CT on Monday, June 29, 2020. Signed by District Judge Sarah E. Pitlyk on 6/26/2020. (KEK)
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| Filing 183 TRANSCRIPT ORDER REQUEST for daily copy (Preliminary Injunction) by Federal Trade Commission for proceedings to be held on 7/13/2020-7/24/2020 before Judge Pitlyk.. (Matheson, Daniel) |
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Filing 182
Docket Text ORDER Re: #174 MOTION for Leave to File Sealed Document by Third Party Defendant Western Coal Traffic League; ORDERED GRANTED. Signed by District Judge Sarah E. Pitlyk on 6/26/2020. (AFC)
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| Filing 181 SEALED DOCUMENT re #176 Memorandum in Opposition of Sealed Motion, #137 SEALED MOTION for Preliminary Injunction by Defendant Peabody Energy Corporation. (Attachments: #1 Exhibit DX8591, #2 Exhibit DX8691, #3 Exhibit DX8692, #4 Exhibit DX8693, #5 Exhibit DX8694, #6 Exhibit DX8695, #7 Exhibit DX8696, #8 Exhibit DX8697, #9 Exhibit DX8698, #10 Exhibit DX8699, #11 Exhibit DX8700, #12 Exhibit DX8707, #13 Exhibit PX7000)(Hassi, Edward) |
| Filing 180 SEALED DOCUMENT re #176 Memorandum in Opposition of Sealed Motion, #137 SEALED MOTION for Preliminary Injunction by Defendant Peabody Energy Corporation. (Attachments: #1 Exhibit DX8009, #2 Exhibit DX8010, #3 Exhibit DX8011, #4 Exhibit DX8012, #5 Exhibit DX8013, #6 Exhibit DX8022, #7 Exhibit DX8026, #8 Exhibit DX8030, #9 Exhibit DX8031, #10 Exhibit DX8033, #11 Exhibit DX8590)(Hassi, Edward) |
| Filing 179 SEALED DOCUMENT re #176 Memorandum in Opposition of Sealed Motion, #137 SEALED MOTION for Preliminary Injunction by Defendant Peabody Energy Corporation. (Attachments: #1 Exhibit DX3042, #2 Exhibit DX3043, #3 Exhibit DX3044, #4 Exhibit DX3046, #5 Exhibit DX3047, #6 Exhibit DX3048, #7 Exhibit DX3051, #8 Exhibit DX4001, #9 Exhibit DX4002, #10 Exhibit DX4003, #11 Exhibit DX4004, #12 Exhibit DX4005, #13 Exhibit DX4006, #14 Exhibit DX5004, #15 Exhibit DX5055, #16 Exhibit DX6019, #17 Exhibit DX6023, #18 Exhibit DX6062, #19 Exhibit DX6080, #20 Exhibit DX7014, #21 Exhibit DX7015, #22 Exhibit DX7016, #23 Exhibit DX8002, #24 Exhibit DX8007, #25 Exhibit DX8008)(Hassi, Edward) |
| Filing 178 SEALED DOCUMENT re #176 Memorandum in Opposition of Sealed Motion, #137 SEALED MOTION for Preliminary Injunction by Defendant Peabody Energy Corporation. (Attachments: #1 Exhibit DX3005, #2 Exhibit DX3009, #3 Exhibit DX3010, #4 Exhibit DX3011, #5 Exhibit DX3013, #6 Exhibit DX3017, #7 Exhibit DX3020, #8 Exhibit DX3021, #9 Exhibit DX3022, #10 Exhibit DX3023, #11 Exhibit DX3025, #12 Exhibit DX3026, #13 Exhibit DX3027, #14 Exhibit DX3028, #15 Exhibit DX3029, #16 Exhibit DX3031, #17 Exhibit DX3032, #18 Exhibit DX3033, #19 Exhibit DX3034, #20 Exhibit DX3035, #21 Exhibit DX3036, #22 Exhibit DX3037, #23 Exhibit DX3039, #24 Exhibit DX3040, #25 Exhibit DX3041)(Hassi, Edward) |
| Filing 177 SEALED DOCUMENT re #176 Memorandum in Opposition of Sealed Motion, #137 SEALED MOTION for Preliminary Injunction by Defendant Peabody Energy Corporation. (Attachments: #1 Exhibit DX1001, #2 Exhibit DX1002, #3 Exhibit DX1004, #4 Exhibit DX1008, #5 Exhibit DX1012, #6 Exhibit DX1019, #7 Exhibit DX1020, #8 Exhibit DX1041, #9 Exhibit DX1065, #10 Exhibit DX1500, #11 Exhibit DX1501, #12 Exhibit DX1550, #13 Exhibit DX1552, #14 Exhibit DX2003, #15 Exhibit DX2007, #16 Exhibit DX2008, #17 Exhibit DX2013, #18 Exhibit DX2061, #19 Exhibit DX2094, #20 Exhibit DX2128, #21 Exhibit DX2130, #22 Exhibit DX2150, #23 Exhibit DX2170, #24 Exhibit DX3000, #25 Exhibit DX3002)(Hassi, Edward) |
| Filing 176 MEMORANDUM in Opposition of Sealed Motion re #137 SEALED MOTION for Preliminary Injunction filed by Defendant Peabody Energy Corporation. (Attachments: #1 Attachment Index of Exhibits)(Hassi, Edward) |
| Filing 175 RESPONSE to Motion re #174 MOTION for Leave to File Sealed Document , #167 MOTION to Compel Third Party Discovery filed by Third Party Defendant Western Coal Traffic League. (Pergolizzi, Frank) |
| Filing 174 MOTION for Leave to File Sealed Document by Third Party Defendant Western Coal Traffic League. (Attachments: #1 Text of Proposed Order to File Under Seal)(Pergolizzi, Frank) |
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Filing 173
Docket Text ORDER: Re: #172 MOTION to Seal Document /Defendants Unopposed Motion to File Under Seal Defendants Memorandum of Law in Opposition to Plaintiff Federal Trade Commissions Motion for a Preliminary Injunction by Defendant Peabody Energy Corporation. (Attachments: #(1) Text of Proposed Order Proposed Order Directing that Defendants' Memorandum of Law in Opposition to Plaintiff Federal Trade Commissions Motion for a Preliminary Injunction and Accompanying Exhibits be Filed Under Seal)(Hassi, Edward) filed by Peabody Energy Corporation; ORDERED GRANTED. Signed by District Judge Sarah E. Pitlyk on 6/25/2020. (KEK)
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| Filing 172 MOTION to Seal Document /Defendants Unopposed Motion to File Under Seal Defendants Memorandum of Law in Opposition to Plaintiff Federal Trade Commissions Motion for a Preliminary Injunction by Defendant Peabody Energy Corporation. (Attachments: #1 Text of Proposed Order Proposed Order Directing that Defendants' Memorandum of Law in Opposition to Plaintiff Federal Trade Commissions Motion for a Preliminary Injunction and Accompanying Exhibits be Filed Under Seal)(Hassi, Edward) |
| Filing 171 TRANSCRIPT ORDER REQUEST for daily copy (Preliminary Injunction) by Peabody Energy Corporation for proceedings to be held on 7/9-7/24/2020 before Judge Pitlyk. (KXS) |
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Filing 170
Docket Text ORDER: Re: #168 MOTION for Leave to File Sealed Document by Defendant Peabody Energy Corporation. (Attachments: #(1) Proposed Order)(Roush, Corey) filed by Peabody Energy Corporation; ORDERED GRANTED. Signed by District Judge Sarah E. Pitlyk on 6/23/2020. (KEK)
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| Filing 169 MEMORANDUM in Support of Motion (SEALED) re #168 MOTION for Leave to File Sealed Document filed by Defendant Peabody Energy Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13)(Roush, Corey) |
| Filing 168 MOTION for Leave to File Sealed Document by Defendant Peabody Energy Corporation. (Attachments: #1 Proposed Order)(Roush, Corey) |
| Filing 167 MOTION to Compel Third Party Discovery by Defendant Peabody Energy Corporation. (Roush, Corey) |
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Filing 166
ORDER RELATING TO HEARING: This action is set for a ten-day preliminary injunction hearing beginning on July 13, 2020, at 9 AM CT. In addition to the deadlines set out in the Joint Stipulated Modified Case Management and Scheduling Order ("CMO"), Doc. #131 , the following schedule shall apply in this case and will be modified only upon a showing of exceptional circumstances:No later than 5 PM CT on Monday, July 6, 2020, the parties shall submit the following: See Order for full details. Signed by District Judge Sarah E. Pitlyk on 6/19/20. (ARL)
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Filing 165
Docket Text ORDER: Re: #163 MOTION for Leave to Appear Pro Hac Vice Haidee L. Schwartz. The Certificate of Good Standing was attached.(Filing fee $100 receipt number AMOEDC-7971830) by Defendant Peabody Energy Corporation. (Attachments: #(1) Certificate of Good Standing)(Schwartz, Haidee) filed by Peabody Energy Corporation; ORDERED GRANTED. Signed by District Judge Sarah E. Pitlyk on 6/19/2020. (KEK)
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Filing 164
Docket Text ORDER: Re: Doc. #162 Defendants shall file a motion to compel and memorandum in support not to exceed 10 pages by no later than 5 PM CT on Monday, June 22, 2020. WCTL shall file a memorandum in opposition not to exceed 10 pages by no later than 5 PM CT on the third business day following Defendants' filing. No reply brief shall be filed without leave of Court. Signed by District Judge Sarah E. Pitlyk on 6/18/2020. (KEK)
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| Filing 163 MOTION for Leave to Appear Pro Hac Vice Haidee L. Schwartz. The Certificate of Good Standing was attached.(Filing fee $100 receipt number AMOEDC-7971830) by Defendant Peabody Energy Corporation. (Attachments: #1 Certificate of Good Standing)(Schwartz, Haidee) |
| Filing 162 MEMORANDUM Letter to Judge Pitlyk, dated June 17, 2020 by Defendant Peabody Energy Corporation. (Roush, Corey) |
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Filing 161
ORDER: IT IS HEREBY ORDERED that this case is set for a pre-hearing conference on Thursday, July 9, 2020, at 11 a.m. in the courtroom of the undersigned. Signed by District Judge Sarah E. Pitlyk on 6/11/2020. (NEP) (Main Document 161 replaced on 6/18/2020) (KEK).
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| Filing 160 NOTICE Filing of Plaintiff's Redacted Memorandum of Law in Support of Preliminary Injunction: by Plaintiff Federal Trade Commission re #153 Sealed Document, [CORRECTED] Memorandum of Law in Support of Preliminary Injunction (Attachments: #1 [Corrected] Memorandum of Law in Support of Preliminary Injunction [REDACTED], #2 Index of Exhibits, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit, #23 Exhibit, #24 Exhibit, #25 Exhibit, #26 Exhibit, #27 Exhibit, #28 Exhibit, #29 Exhibit, #30 Exhibit, #31 Exhibit, #32 Exhibit, #33 Exhibit, #34 Exhibit, #35 Exhibit, #36 Exhibit)(Matheson, Daniel) |
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Filing 159
Docket Text ORDER: Re: #152 MOTION for Leave to File Sealed Document [CORRECTED] Memorandum of Law in Support of Preliminary Injunction by Plaintiff Federal Trade Commission. (Attachments: # 1 Proposed Order Directing that [CORRECTED] Memorandum of Law in Support of PI Be Filed Under Seal)(Matheson, Daniel) filed by Federal Trade Commission ; ORDERED GRANTED. Signed by District Judge Sarah E. Pitlyk on 6/8/20. (ARL)
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| Filing 158 SEALED DOCUMENT re #153 Sealed Document, [CORRECTED] Memorandum of Law in Support of Preliminary Injunction by Plaintiff Federal Trade Commission. (Attachments: #1 Exhibits, #2 Exhibits)(Matheson, Daniel) |
| Filing 157 SEALED DOCUMENT re #153 Sealed Document, [CORRECTED] Memorandum of Law in Support of Preliminary Injunction by Plaintiff Federal Trade Commission. (Attachments: #1 Exhibits, #2 Exhibits)(Matheson, Daniel) |
| Filing 156 SEALED DOCUMENT re #153 Sealed Document, [CORRECTED] Memorandum of Law in Support of Preliminary Injunction by Plaintiff Federal Trade Commission. (Attachments: #1 Exhibits, #2 Exhibits)(Matheson, Daniel) |
| Filing 155 SEALED DOCUMENT re #153 Sealed Document, [CORRECTED] Memorandum of Law in Support of Preliminary Injunction by Plaintiff Federal Trade Commission. (Attachments: #1 Exhibits, #2 Exhibits)(Matheson, Daniel) |
| Filing 154 SEALED DOCUMENT re #153 Sealed Document, [CORRECTED] Memorandum of Law in Support of Preliminary Injunction by Plaintiff Federal Trade Commission. (Attachments: #1 Exhibits)(Matheson, Daniel) |
| Filing 153 SEALED DOCUMENT re #137 SEALED MOTION for Preliminary Injunction [CORRECTED] Memorandum of Law in Support of Preliminary Injunction by Plaintiff Federal Trade Commission. (Attachments: #1 Errata, #2 Index of Exhibits)(Matheson, Daniel) |
| Filing 152 MOTION for Leave to File Sealed Document [CORRECTED] Memorandum of Law in Support of Preliminary Injunction by Plaintiff Federal Trade Commission. (Attachments: #1 Proposed Order Directing that [CORRECTED] Memorandum of Law in Support of PI Be Filed Under Seal)(Matheson, Daniel) |
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Filing 151
Docket Text ORDER: Re: #136 MOTION for Leave to File Sealed Document Memorandum of Law in Support of Preliminary Injunction by Plaintiff Federal Trade Commission. (Attachments: # 1 Proposed Order Directing that Memorandum of Law in Support of PI Be Filed Under Seal)(Matheson, Daniel) filed by Federal Trade Commission ; ORDERED GRANTED. Signed by District Judge Sarah E. Pitlyk on 6/1/2020. (NEP)
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| Filing 150 NOTICE Withdrawal of Appearance of Alicia Burns-Wright: by Plaintiff Federal Trade Commission (Burns-Wright, Alicia) |
| Filing 149 SEALED DOCUMENT re #137 SEALED MOTION for Preliminary Injunction by Plaintiff Federal Trade Commission. (Attachments: #1 Exhibits)(Matheson, Daniel) |
| Filing 148 SEALED DOCUMENT re #137 SEALED MOTION for Preliminary Injunction by Plaintiff Federal Trade Commission. (Attachments: #1 Exhibits)(Matheson, Daniel) |
| Filing 147 SEALED DOCUMENT re #137 SEALED MOTION for Preliminary Injunction by Plaintiff Federal Trade Commission. (Attachments: #1 Exhibits)(Matheson, Daniel) |
| Filing 146 SEALED DOCUMENT re #137 SEALED MOTION for Preliminary Injunction by Plaintiff Federal Trade Commission. (Attachments: #1 Exhibits)(Matheson, Daniel) |
| Filing 145 SEALED DOCUMENT re #137 SEALED MOTION for Preliminary Injunction by Plaintiff Federal Trade Commission. (Matheson, Daniel) |
| Filing 144 SEALED DOCUMENT re #137 SEALED MOTION for Preliminary Injunction by Plaintiff Federal Trade Commission. (Attachments: #1 Exhibits)(Matheson, Daniel) |
| Filing 143 SEALED DOCUMENT re #137 SEALED MOTION for Preliminary Injunction by Plaintiff Federal Trade Commission. (Matheson, Daniel) |
| Filing 142 SEALED DOCUMENT re #137 SEALED MOTION for Preliminary Injunction by Plaintiff Federal Trade Commission. (Attachments: #1 Exhibits)(Matheson, Daniel) |
| Filing 141 SEALED DOCUMENT re #137 SEALED MOTION for Preliminary Injunction by Plaintiff Federal Trade Commission. (Attachments: #1 Exhibits)(Matheson, Daniel) |
| Filing 140 SEALED DOCUMENT re #137 SEALED MOTION for Preliminary Injunction by Plaintiff Federal Trade Commission. (Matheson, Daniel) |
| Filing 139 SEALED DOCUMENT re #137 SEALED MOTION for Preliminary Injunction by Plaintiff Federal Trade Commission. (Matheson, Daniel) |
| Filing 138 SEALED DOCUMENT re #137 SEALED MOTION for Preliminary Injunction by Plaintiff Federal Trade Commission. (Attachments: #1 Exhibit)(Matheson, Daniel) |
| Filing 137 SEALED MOTION for Preliminary Injunction by Plaintiff Federal Trade Commission. (Attachments: #1 Memorandum of Law in Support of Preliminary Injunction, #2 Proposed Preliminary Injunction Order, #3 Index of Exhibits)(Matheson, Daniel) |
| Filing 136 MOTION for Leave to File Sealed Document Memorandum of Law in Support of Preliminary Injunction by Plaintiff Federal Trade Commission. (Attachments: #1 Proposed Order Directing that Memorandum of Law in Support of PI Be Filed Under Seal)(Matheson, Daniel) |
| Filing 135 MEMORANDUM re Joint Letter to Judge Pitlyk, dated May 27, 2020, from Corey W. Roush by Defendant Peabody Energy Corporation. (Roush, Corey) |
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Filing 134
ORDER... [SEE ORDER FOR COMPLETE DETAILS] Any party seeking to compel discovery relating to disputed WCTL communications shall file a motion not to exceed ten (10) pages no later than 2:00 PM Central on Thursday, May 28, 2020. WCTL's response in opposition, not to exceed ten (10) pages, shall be filed by 2:00 PM Central on the earlier of the third business day after filing of the motion to compel or Tuesday, June 2, 2020. A reply brief shall be filed only with leave of the Court. SO ORDERED this 22nd day of May, 2020. Signed by District Judge Sarah E. Pitlyk on 5/22/2020. (NEP)
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Filing 133
Docket Text ORDER: IT IS HEREBY ORDERED that a Telephone Conference is set for Wednesday, May 20th at 2:00 PM before District Judge Sarah E. Pitlyk. Parties to participate with number and access code provided separately via email. Signed by District Judge Sarah E. Pitlyk on 5/18/2020. (NEP)
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| Filing 132 MEMORANDUM re Joint Request for a Teleconference by Defendant Peabody Energy Corporation. (Roush, Corey) |
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Filing 131
JOINT STIPULATED MODIFIED CASE MANAGEMENT AND SCHEDULING ORDER. Signed by District Judge Sarah E. Pitlyk on 5/7/2020. (KEK)
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| Filing 130 Joint MOTION to Amend/Correct Joint Stipulated Modified Case Management and Scheduling Order by Plaintiff Federal Trade Commission. (Attachments: #1 Text of Proposed Order Proposed Revised Joint Modified Case Management Order, #2 Redline Proposed Revised Joint Modified Case Management Order)(Matheson, Daniel) |
| Filing 129 ELECTRONIC MINUTE ENTRY (no pdf attached) for proceedings held before District Judge Sarah E. Pitlyk: Telephone Conference held on 5/1/2020, Evidentiary Hearing re-set for 7/13/2020 09:00 AM in Courtroom 16N - St. Louis before District Judge Sarah E. Pitlyk. Parties are to file a new Joint Scheduling Plan on Wednesday 5/6/2020, please provide the Court with a word version. Order to issue. (proceedings started: 9:00) (proceedings ended: 9:50) (NEP) |
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Filing 128
Docket Text ORDER: Docket Text ORDER: IT IS HEREBY ORDERED that the a Telephone Conference is set for 5/1/2020 9:00 AM will occur before District Judge Sarah E. Pitlyk. Parties to participate with number and access code provided separately via email. Signed by District Judge Sarah E. Pitlyk on 4/29/2020. (KEK)
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| Filing 127 MEMORANDUM re Joint Request for a Teleconference by Plaintiff Federal Trade Commission. (Matheson, Daniel) |
| Filing 126 ENTRY of Appearance by Cecelia Waldeck for Plaintiff Federal Trade Commission. (Waldeck, Cecelia) |
| Filing 125 ENTRY of Appearance by Sean Hughto for Plaintiff Federal Trade Commission. (Hughto, Sean) |
| Filing 124 ENTRY of Appearance by Ernest Eric Elmore for Plaintiff Federal Trade Commission. (Elmore, Ernest) |
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Filing 123
ORDER: IT IS HEREBY ORDERED that on page 3 of the Memorandum #102 , Footnote 4 on page 3 should be deleted nunc pro tunc as of April 1, 2020. Signed by District Judge Sarah E. Pitlyk on 4/17/2020. (KEK)
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| Filing 122 Letter to Judge Pitlyk from Daniel Matheson re:protective order (KEK) |
| Filing 121 ENTRY of Appearance by Christopher Caputo for Plaintiff Federal Trade Commission. (Caputo, Christopher) |
| Filing 120 ENTRY of Appearance by Alicia Burns-Wright for Plaintiff Federal Trade Commission. (Burns-Wright, Alicia) |
| Filing 119 TRANSCRIPT ORDER REQUEST for 93 (TELEPHONE CONFERENCE) by Peabody Energy Corporation for proceedings held on 03/24/2020 court reporter Laura Esposito before Judge Pitlyk.. (Martinich-Sauter, Michael) |
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Filing 118
JOINT STIPULATED MODIFIED CASE MANAGEMENT AND SCHEDULING ORDER... [See Order for Complete Details.] Signed by District Judge Sarah E. Pitlyk on 4/9/2020. (NEP)
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Filing 117
Docket Text ORDER: Re: #111 Joint MOTION for Extension of: Date Set for the Preliminary Injunction Hearing by Plaintiff Federal Trade Commission. (Attachments: # 1 Text of Proposed Order Clean Text of Proposed Case Management Order, # 2 Text of Proposed Order Blacklined Text of Proposed Case Management Order)(Matheson, Daniel) filed by Federal Trade Commission ; ORDERED GRANTED. Signed by District Judge Sarah E. Pitlyk on 4/9/2020. (NEP)
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| Filing 116 ENTRY of Appearance by Jeanine Balbach for Plaintiff Federal Trade Commission. (Balbach, Jeanine) |
| Filing 115 ENTRY of Appearance by Stephen Santulli for Plaintiff Federal Trade Commission. (Santulli, Stephen) |
| Filing 114 ENTRY of Appearance by Taylor Alexander for Plaintiff Federal Trade Commission. (Alexander, Taylor) |
| Filing 113 ENTRY of Appearance by Philip Kehl for Plaintiff Federal Trade Commission. (Kehl, Philip) |
| Filing 112 ENTRY of Appearance by Elizabeth Arens for Plaintiff Federal Trade Commission. (Arens, Elizabeth) |
| Filing 111 Joint MOTION for Extension of: Date Set for the Preliminary Injunction Hearing by Plaintiff Federal Trade Commission. (Attachments: #1 Text of Proposed Order Clean Text of Proposed Case Management Order, #2 Text of Proposed Order Blacklined Text of Proposed Case Management Order)(Matheson, Daniel) |
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Filing 110
MODIFIED PROTECTIVE ORDER. See Order for details. Signed by District Judge Sarah E. Pitlyk on 4/3/20. (ARL)
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| Filing 109 MEMORANDUM re #102 Memorandum & Order,, by Defendant Arch Coal, Inc.. (Attachments: #1 Exhibit A - Modified Protective Order)(Lavery, William) |
| Filing 108 DISCLOSURE OF ORGANIZATIONAL INTERESTS CERTIFICATE by Intervenor ALLETE, Inc.. Parent companies: None, Subsidiaries: Windy Dog I, LLC; Wally's Wind Farm LLC; Roadrunner I LLC; Salty Dog I LLC; Salty Dog II LLC; Breezy Bucks I LLC; Breezy Bucks II LLC; Christoffer Wind Energy I LLC; Christoffer Wind Energy II LLC; Christoffer Wind Energy III LLC; Christoffer Wind Energy IV LLC, Publicly held company: None,. (Kolesar, Andrew) |
| Filing 107 DISCLOSURE OF ORGANIZATIONAL INTERESTS CERTIFICATE by Intervenor WEC Energy Group, Inc.. Parent companies: None, Subsidiaries: None, Publicly held company: None,. (Pergolizzi, Frank) |
| Filing 106 DISCLOSURE OF ORGANIZATIONAL INTERESTS CERTIFICATE by Intervenor Southwestern Electric Power Company. Parent companies: American Electric Power Company, Inc., Subsidiaries: None, Publicly held company: None,. (Dowd, Kelvin) |
| Filing 105 DISCLOSURE OF ORGANIZATIONAL INTERESTS CERTIFICATE by Intervenor Public Service Company of Oklahoma. Parent companies: American Electric Power Company, Inc., Subsidiaries: None, Publicly held company: None,. (Dowd, Kelvin) |
| Filing 104 DISCLOSURE OF ORGANIZATIONAL INTERESTS CERTIFICATE by Intervenor Indiana Michigan Power Company. Parent companies: American Electric Power Company, Inc., Subsidiaries: None, Publicly held company: None,. (Dowd, Kelvin) |
| Filing 103 DISCLOSURE OF ORGANIZATIONAL INTERESTS CERTIFICATE by Intervenor Evergy, Inc.. Parent companies: None, Subsidiaries: Wolf Creek Nuclear Operating Corporation, Publicly held company: None,. (Dowd, Kelvin) |
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Filing 102
MEMORANDUM AND ORDER : For the reasons outlined above, Defendants' Motion (Doc. #52 ) is GRANTED, and their proposed modified protective order (Doc. [52-1]) will be entered, subject to the modifications described above. Intervenors' motions (Docs. #62 , #68 , #73 ) are GRANTED in part and DENIED in part as outlined above. IT IS HEREBY ORDERED THAT, no later than 5 PM CT on the date following the entry of this Order, the parties should submit a final protective order incorporating the above modifications for immediate entry by this Court. Signed by District Judge Sarah E. Pitlyk on 4/1/20. (ARL)
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| Filing 101 ENTRY of Appearance by Michael Anthony Franchak for Plaintiff Federal Trade Commission. (Franchak, Michael) |
| Filing 100 NOTICE Third Party Navajo Transitional Energy Company, LLC's Objections to Federal Trade Commission's Second Subpoena Duces Tecum: by Intervenor Navajo Transitional Energy Company (Thomas, William) |
| Filing 99 NOTICE Third Party Navajo Transitional Energy Company, LLC's Objections to Arch Coal, Inc.'s Subpoena Duces Tecum: by Intervenor Navajo Transitional Energy Company (Thomas, William) |
| Filing 98 RESPONSE to Motion re #52 MOTION to Amend/Correct #47 Protective Order (Unopposed) filed by Intervenor Parties ALLETE, Inc., Ameren Corporation, Evergy, Inc., Indiana Michigan Power Company, Navajo Transitional Energy Company, Peter Kiewit Sons', Inc., Public Service Company of Oklahoma, Southwestern Electric Power Company, Union Electric Company d/b/a Ameren Missouri, WEC Energy Group, Inc.. (Reed, Winthrop) |
| Filing 97 RESPONSE in Opposition re #52 MOTION to Amend/Correct #47 Protective Order (Unopposed) filed by Plaintiff Federal Trade Commission. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Attachment U.S. v. Deere & Co.)(Matheson, Daniel) |
| Filing 95 TRANSCRIPT ORDER REQUEST for 93 (TELEPHONE CONFERENCE) by Morrison & Foerster LLP for proceedings held on 3/24/20 court reporter Laura Esposito before Judge Sarah E. Pitlyk.. (DeVecchio, Warren) |
| Filing 96 TRANSCRIPT of 93 (TELEPHONE CONFERENCE) held on 3/24/20 before Judge Sarah E. Pitlyk. Court Reporter/Transcriber Laura Esposito, Laura_Esposito@moed.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/14/2020. Redacted Transcript Deadline set for 4/24/2020. Release of Transcript Restriction set for 6/22/2020. (ARL) |
| Filing 94 TRANSCRIPT ORDER REQUEST for 93 (TELEPHONE CONFERENCE) by Federal Trade Commission before Judge Pitlyk.. (Matheson, Daniel) |
| Filing 93 ELECTRONIC MINUTE ENTRY (no pdf attached) for proceedings held before District Judge Sarah E. Pitlyk: Telephone Conference held on 3/24/2020. Court Reporter Laura Esposito. (proceedings started: 2:07 p.m.) (proceedings ended: 3:38 p.m.) (KEK) |
| Filing 92 ENTRY of Appearance by Joshua Goodman for Plaintiff Federal Trade Commission. (Goodman, Joshua) |
| Filing 91 ENTRY of Appearance by Jonathan Lasken for Plaintiff Federal Trade Commission. (Lasken, Jonathan) |
| Filing 90 MEMORANDUM in Support of Motion re #52 MOTION to Amend/Correct #47 Protective Order (Unopposed) / Peabody Energy Corporation's Supplemental Brief in Support of Defendants' Request to Modify the Protective Order filed by Defendant Peabody Energy Corporation. (Attachments: #1 Exhibit A - Supplemental Declaration of Carol Li, #2 Exhibit B - Supplemental Declaration of Scott T. Jarboe, #3 Exhibit C - Supplemental Declaration of Alice Tharenos)(Hassi, Edward) |
| Filing 89 MEMORANDUM re #77 Order,,,, by Defendant Arch Coal, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Lavery, William) |
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Filing 88
Docket Text ORDER: For the reasons set forth in the Court's March 23, 2020, Memorandum and Order (Doc. #84 ), the joint motion to intervene by Intervenor Parties ALLETE, Inc., Evergy, Inc., Indiana Michigan Power Company, Public Service Company of Oklahoma, Southwestern Electric Power Company, and WEC Energy Group, Inc. (Doc. #82 ) is GRANTED. The Court takes no action at this time with respect to Defendants Unopposed Motion to Modify the Protective Order (Doc. #52 ). As noted in the Courts Order (Doc. #84 ): Counsel for Intervenors are invited to attend the telephonic conference set for Tuesday, March 24, 2020, at 2:00 PM Central, during which the Court will hear argument relating to Defendants Motion (Doc. #52 ) and the parties joint memorandum (Doc. #64 ) describing their dispute over further modifying the protective order in light of the supplemental briefing requested by the Court in its Order of March 20, 2020 (Doc. #77 ), expected to be filed by 5:00 PM Central on the date of this Order. Intervenors may jointly designate one (1) representative to advocate for their position on the call." Signed by District Judge Sarah E. Pitlyk on 3/23/2020. (KEK)
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Filing 87
Docket Text ORDER: Re: #79 , #80 , #81 , and #78 ; ORDERED GRANTED. The following attorneys are admitted to this case: Kelvin J. Dowd, Frank J. Pergolizzi, Andrew B. Kolesar III, and Rebecca Williams. Signed by District Judge Sarah E. Pitlyk on 3/23/2020. (KEK)
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Filing 86
Docket Text ORDER: The Telephone Conference set for 3/24/2020 at 1:30 PM has been RESET to 2:00 PM before District Judge Sarah E. Pitlyk. This is a time change only. Signed by District Judge Sarah E. Pitlyk on 3/23/2020. (KEK)
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Filing 85
Docket Text ORDER: Re: #76 MOTION to Supplement #68 MOTION to Intervene for the Limited Purpose of Requesting the Court Deny Defendants' Motion to Modify the Protective Order (ECF Dkt #52) by Intervenor Parties Ameren Corporation, Union Electric Company d/b/a Ameren Missouri. (Attachments: #(1) Exhibit A)(Reed, Winthrop) filed by Ameren Corporation, Union Electric Company d/b/a Ameren Missouri; ORDERED GRANTED. Signed by District Judge Sarah E. Pitlyk on 3/23/2020. (KEK)
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Filing 84
MEMORANDUM AND ORDER re: IT IS HEREBY ORDERED that the motions of Navajo Transitional Energy Company, LLC, Ameren Corporation and Union Electric Company d/b/a Ameren Missouri, and Peter Kiewit Sons', Inc., to intervene in this matter for the limited purpose of opposing proposed modifications to the protective order (Docs. #62 , #68 , #73 ) are GRANTED IN PART. The Court withholds judgment on the remaining relief sought by Intervenors in their motions. The Court takes no action at this time with respect to Defendants' Unopposed Motion to Modify the Protective Order (Doc. #52 ). Signed by District Judge Sarah E. Pitlyk on 3/23/20. (ARL)
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| Filing 83 MEMORANDUM in Support of Motion re #82 Joint MOTION to Intervene To Oppose Modification Of Protective Order filed by Intervenor Parties ALLETE, Inc., Evergy, Inc., Indiana Michigan Power Company, Public Service Company of Oklahoma, Southwestern Electric Power Company, WEC Energy Group, Inc.. (Dowd, Kelvin) |
| Filing 82 Joint MOTION to Intervene To Oppose Modification Of Protective Order by Intervenor Parties ALLETE, Inc., Evergy, Inc., Indiana Michigan Power Company, Public Service Company of Oklahoma, Southwestern Electric Power Company, WEC Energy Group, Inc.. (Attachments: #1 Exhibit A)(Dowd, Kelvin) |
| Filing 81 MOTION for Leave to Appear Pro Hac Vice A. Rebecca Williams. The Certificate of Good Standing was attached.(Filing fee $100 receipt number AMOEDC-7828745) by Intervenor Parties ALLETE, Inc., Evergy, Inc., Indiana Michigan Power Company, Public Service Company of Oklahoma, Southwestern Electric Power Company, WEC Energy Group, Inc.. (Attachments: #1 Certificate of Good Standing of A. Rebecca Williams)(Williams, Amy) |
| Filing 80 MOTION for Leave to Appear Pro Hac Vice Andrew B. Kolesar III. The Certificate of Good Standing was attached.(Filing fee $100 receipt number AMOEDC-7828720) by Intervenor Parties ALLETE, Inc., Evergy, Inc., Indiana Michigan Power Company, Public Service Company of Oklahoma, Southwestern Electric Power Company, WEC Energy Group, Inc.. (Attachments: #1 Certificate of Good Standing of Andrew B. Kolesar III)(Kolesar, Andrew) |
| Filing 79 MOTION for Leave to Appear Pro Hac Vice Frank J. Pergolizzi. The Certificate of Good Standing was attached.(Filing fee $100 receipt number AMOEDC-7828698) by Intervenor Parties ALLETE, Inc., Evergy, Inc., Indiana Michigan Power Company, Public Service Company of Oklahoma, Southwestern Electric Power Company, WEC Energy Group, Inc.. (Attachments: #1 Certificate of Good Standing of Frank J. Pergolizzi)(Pergolizzi, Frank) |
| Filing 78 MOTION for Leave to Appear Pro Hac Vice Kelvin J. Dowd. The Certificate of Good Standing was attached.(Filing fee $100 receipt number AMOEDC-7828638) by Intervenor Parties Evergy, Inc., WEC Energy Group, Inc., ALLETE, Inc., Southwestern Electric Power Company, Public Service Company of Oklahoma, Indiana Michigan Power Company. (Attachments: #1 Certificate of Good Standing Kelvin J. Dowd Certificate of Good Standing)(Dowd, Kelvin) |
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Filing 77
ORDER : This case is before the Court on Defendants' Unopposed Motion to Modify the Protective order (Doc. #52 ) and the Parties' Joint Memorandum Request for a Telephone Conference (Doc. #64 ). The Court has set a telephonic conference for consideration of these submissions on Tuesday, March 24, 2020, at 1:30 PM Central. Given the fact-intensive nature of the issues to be considered at that conference, see U.S. Steel Corp. v. United States, 730 F.2d 1465, 1468 (Fed.Cir. 1984), the Court requests that each Defendant submit by 5:00 PM Central on Monday, March 23, 2020, briefs responding - as specifically and concretely as possible - to the questions below. These briefs should be supported by detailed affidavits from each member of in-house counsel seeking access to the documents. The briefs, excluding any supporting affidavits, caption pages, or signature pages, shall not exceed five (5) pages from each Defendant. See Order for full details. Response to Court due by 3/23/2020. Signed by District Judge Sarah E. Pitlyk on 3/20/20. (ARL)
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| Filing 76 MOTION to Supplement #68 MOTION to Intervene for the Limited Purpose of Requesting the Court Deny Defendants' Motion to Modify the Protective Order (ECF Dkt #52) by Intervenor Parties Ameren Corporation, Union Electric Company d/b/a Ameren Missouri. (Attachments: #1 Exhibit A)(Reed, Winthrop) |
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Filing 75
Docket Text ORDER: Re: #66 and #65 ; ORDERED GRANTED. Evan Kreiner and Ken Schwartz admitted to the case. Signed by District Judge Sarah E. Pitlyk on 3/19/2020. (KEK)
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| Filing 74 MEMORANDUM in Support of Motion re #73 MOTION to Intervene Motion of Non-Party Peter Kiewit Sons', Inc. to Intervene to Oppose Defendants' Motion to Modify the Protective Order filed by Intervenor Peter Kiewit Sons', Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Schwartz, Kenneth) |
| Filing 73 MOTION to Intervene Motion of Non-Party Peter Kiewit Sons', Inc. to Intervene to Oppose Defendants' Motion to Modify the Protective Order by Intervenor Peter Kiewit Sons', Inc.. (Schwartz, Kenneth) |
| Filing 72 ENTRY of Appearance by Richard B. Walsh, Jr for Intervenor Parties Ameren Corporation, Union Electric Company d/b/a Ameren Missouri. (Walsh, Richard) |
| Filing 71 ENTRY of Appearance by Jacqueline Katrina Graves for Intervenor Parties Ameren Corporation, Union Electric Company d/b/a Ameren Missouri. (Graves, Jacqueline) |
| Filing 70 ENTRY of Appearance by Winthrop B. Reed, III for Intervenor Parties Ameren Corporation, Union Electric Company d/b/a Ameren Missouri. (Reed, Winthrop) |
| Filing 69 MEMORANDUM in Support of Motion re #68 MOTION to Intervene for the Limited Purpose of Requesting the Court Deny Defendants' Motion to Modify the Protective Order (ECF Dkt #52) filed by Intervenor Parties Ameren Corporation, Union Electric Company d/b/a Ameren Missouri. (Reed, Winthrop) |
| Filing 68 MOTION to Intervene for the Limited Purpose of Requesting the Court Deny Defendants' Motion to Modify the Protective Order (ECF Dkt #52) by Intervenor Parties Union Electric Company d/b/a Ameren Missouri, Ameren Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Reed, Winthrop) |
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Filing 67
Docket Text ORDER: Telephone Conference set for 3/24/2020 01:30 PM before District Judge Sarah E. Pitlyk. Parties will receive an email from the Court with call in information and are directed to call in at 1:30 PM. Signed by District Judge Sarah E. Pitlyk on 3/18/2020. (KEK)
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| Filing 66 MOTION for Leave to Appear Pro Hac Vice Evan Kreiner. The Certificate of Good Standing was attached.(Filing fee $100 receipt number AMOEDC-7822372) by Intervenor Peter Kiewit Sons', Inc.. (Attachments: #1 Certificate of Good Standing)(Kreiner, Evan) |
| Filing 65 MOTION for Leave to Appear Pro Hac Vice Ken Schwartz. The Certificate of Good Standing was attached.(Filing fee $100 receipt number AMOEDC-7822276) by Intervenor Peter Kiewit Sons', Inc.. (Attachments: #1 Certificate of Good Standing)(Schwartz, Kenneth) |
| Filing 64 MEMORANDUM re Joint Request for a Teleconference by Defendant Arch Coal, Inc.. (Attachments: #1 Exhibit A - FTC v Whole Foods Market Inc, #2 Exhibit B - Cochran Decl., #3 Exhibit C - Jarboe Decl., #4 Exhibit D - Jones Decl., #5 Exhibit E- Tharenos Decl.)(Lavery, William) |
| Filing 63 MEMORANDUM in Support of Motion re #62 MOTION to Intervene for the Limited Purpose of Seeking a Protective Order filed by Intervenor Navajo Transitional Energy Company. (Thomas, William) |
| Filing 62 MOTION to Intervene for the Limited Purpose of Seeking a Protective Order by Intervenor Navajo Transitional Energy Company. (Attachments: #1 Exhibit A-1, #2 Exhibit A-2)(Thomas, William) |
| Filing 61 ENTRY of Appearance by Catherine L. Hanaway for Defendant Peabody Energy Corporation. (Hanaway, Catherine) |
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Filing 60
Docket Text ORDER: Re: #58 MOTION for Leave to Appear Pro Hac Vice Andrew George. The Certificate of Good Standing was attached.(Filing fee $100 receipt number AMOEDC-7813860) by Defendant Arch Coal, Inc. (Attachments: #(1) Certificate of Good Standing)(George, Andrew) filed by Arch Coal, Inc.; ORDERED GRANTED. Signed by District Judge Sarah E. Pitlyk on 3/13/2020. (KEK)
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| Filing 59 NOTICE Western Fuels Association's Objection to Defendants' Motion to Modify the Protective Order: by Plaintiff Federal Trade Commission (Matheson, Daniel) |
| Filing 58 MOTION for Leave to Appear Pro Hac Vice Andrew George. The Certificate of Good Standing was attached.(Filing fee $100 receipt number AMOEDC-7813860) by Defendant Arch Coal, Inc.. (Attachments: #1 Certificate of Good Standing)(George, Andrew) |
| Filing 57 ANSWER to #1 Complaint and Affirmative Defenses by Arch Coal, Inc..(Weissman, Stephen) |
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Filing 56
Docket Text ORDER: Re: #50 MOTION for Leave to Appear Pro Hac Vice Matthew Adler. The Certificate of Good Standing was attached.(Filing fee $100 receipt number AMOEDC-7794356) by Defendant Arch Coal, Inc. (Attachments: #(1) Certificate of Good Standing)(Adler, Matthew) filed by Arch Coal, Inc.; ORDERED GRANTED. Signed by District Judge Sarah E. Pitlyk on 3/13/2020. (KEK)
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| Filing 55 NOTICE Third Party Navajo Transitional Energy Company, LLC's Objections to Subpoena Duces Tecum: by Intervenor Navajo Transitional Energy Company (Thomas, William) |
| Filing 54 ANSWER to #1 Complaint and Affirmative Defenses by Peabody Energy Corporation.(Hassi, Edward) |
| Filing 53 NOTICE Withdrawal of Appearance of Matthew T. Schelp: by Defendant Peabody Energy Corporation (Schelp, Matthew) |
| Filing 52 MOTION to Amend/Correct #47 Protective Order (Unopposed) by Defendants Arch Coal, Inc., Peabody Energy Corporation. (Attachments: #1 Exhibit A - [PROPOSED] Modified Protective Order, #2 Exhibit B - Klein Declaration, #3 Exhibit C - Li Declaration)(Lavery, William) |
| Filing 51 NOTICE Redacted Filing: by Plaintiff Federal Trade Commission re #23 Stipulation (Attachments: #1 Redacted Memo in Support of Mot. for TRO, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit)(Matheson, Daniel) |
| Filing 50 MOTION for Leave to Appear Pro Hac Vice Matthew Adler. The Certificate of Good Standing was attached.(Filing fee $100 receipt number AMOEDC-7794356) by Defendant Arch Coal, Inc.. (Attachments: #1 Certificate of Good Standing)(Adler, Matthew) |
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Filing 49
CASE MANAGEMENT ORDER: This case is assigned to Track: 2. Discovery Completion due by 4/24/2020. Motion in Limine due by 5/22/2020. [SEE ORDER FOR FULL DETAILS] Signed by District Judge Sarah E. Pitlyk on 3/5/2020. (KEK)
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Filing 48
Docket Text ORDER: as to #38 , #39 , #41 , #44 , #46 . The following attorneys were admitted to this case: Elisa Beneze, Steven Pet, Michael Perry, Matthew Schmitten, and Jarad Daniels. Signed by District Judge Sarah E. Pitlyk on 3/5/2020. (KEK)
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Filing 47
PROTECTIVE ORDER. Signed by District Judge Sarah E. Pitlyk on 3/4/2020. (NEP)
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| Filing 46 MOTION for Leave to Appear Pro Hac Vice Jarad Daniels. The Certificate of Good Standing was attached.(Filing fee $100 receipt number AMOEDC-7790605) by Defendant Arch Coal, Inc.. (Attachments: #1 Certificate of Good Standing)(Daniels, Jarad) |
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Filing 45
Docket Text ORDER: Rule 16 Conference set for 3/4/2020 02:00 PM via Telephone before District Judge Sarah E. Pitlyk. Parties will receive an email from the Court with call in information and are directed to call in at 2:00 PM. Signed by District Judge Sarah E. Pitlyk on 3/4/2020. (NEP)
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| Filing 44 MOTION for Leave to Appear Pro Hac Vice John Matthew Schmitten. The Certificate of Good Standing was attached.(Filing fee $100 receipt number AMOEDC-7790069) by Defendant Peabody Energy Corporation. (Attachments: #1 Certificate of Good Standing)(Schmitten, J. Matthew) |
| Filing 43 DISCLOSURE OF ORGANIZATIONAL INTERESTS CERTIFICATE by Defendant Arch Coal, Inc.. Parent companies: None, Subsidiaries: Knight Hawk Coal, LLC; Dominion Terminal Associates; The Sycamore Group, LLC, Publicly held company: None,. (Lavery, William) |
| Filing 42 DISCLOSURE OF ORGANIZATIONAL INTERESTS CERTIFICATE by Defendant Peabody Energy Corporation. Parent companies: None, Subsidiaries: None, Publicly held company: None,. (Hassi, Edward) |
| Filing 41 MOTION for Leave to Appear Pro Hac Vice Michael Perry. The Certificate of Good Standing was attached.(Filing fee $100 receipt number AMOEDC-7789329) by Defendant Arch Coal, Inc.. (Attachments: #1 Certificate of Good Standing)(Perry, Michael) |
| Filing 40 JOINT SCHEDULING PLAN by Plaintiff Federal Trade Commission. . (Attachments: #1 [Proposed] Joint Stipulated Case Management and Scheduling Order)(Matheson, Daniel) |
| Filing 39 MOTION for Leave to Appear Pro Hac Vice Steven Pet. The Certificate of Good Standing was attached.(Filing fee $100 receipt number AMOEDC-7789231) by Defendant Arch Coal, Inc.. (Attachments: #1 Certificate of Good Standing DC Bar)(Pet, Steven) |
| Filing 38 MOTION for Leave to Appear Pro Hac Vice Elisa G. Beneze. The Certificate of Good Standing was attached.(Filing fee $100 receipt number AMOEDC-7788829) by Defendant Arch Coal, Inc.. (Attachments: #1 Certificate of Good Standing DC Bar)(Beneze, Elisa) |
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Filing 37
Docket Text ORDER: as to #27 , #29 , #30 , #31 , #32 , #33 , #34 , #35 , #36 , ORDERED GRANTED. The following attorneys were admitted to this case: Gorav Jindal, Edward David Hassi, Michael Schaper, J. Robert Abraham, Leah S. Martin, Stephen Weissman, William Lavery, Tristan Myles Ellis, and Cristina Thrasher. Signed by District Judge Sarah E. Pitlyk on 3/3/2020. (KEK)
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| Filing 36 MOTION for Leave to Appear Pro Hac Vice Cristina Thrasher. The Certificate of Good Standing was attached.(Filing fee $100 receipt number AMOEDC-7784983) by Defendant Peabody Energy Corporation. (Attachments: #1 Certificate of Good Standing)(Thrasher, Cristina) |
| Filing 35 MOTION for Leave to Appear Pro Hac Vice Tristan Myles Ellis. The Certificate of Good Standing was attached.(Filing fee $100 receipt number AMOEDC-7784830) by Defendant Peabody Energy Corporation. (Attachments: #1 Certificate of Good Standing)(Ellis, Tristan) |
| Filing 34 MOTION for Leave to Appear Pro Hac Vice William Lavery. The Certificate of Good Standing was attached.(Filing fee $100 receipt number AMOEDC-7784469) by Defendant Arch Coal, Inc.. (Attachments: #1 Certificate of Good Standing)(Lavery, William) |
| Filing 33 MOTION for Leave to Appear Pro Hac Vice Stephen Weissman. The Certificate of Good Standing was attached.(Filing fee $100 receipt number AMOEDC-7784446) by Defendant Arch Coal, Inc.. (Attachments: #1 Certificate of Good Standing)(Weissman, Stephen) |
| Filing 32 MOTION for Leave to Appear Pro Hac Vice Leah S. Martin. The Certificate of Good Standing was attached.(Filing fee $100 receipt number AMOEDC-7782550) by Defendant Peabody Energy Corporation. (Attachments: #1 Certificate of Good Standing)(Martin, Leah) |
| Filing 31 MOTION for Leave to Appear Pro Hac Vice J. Robert Abraham. The Certificate of Good Standing was attached.(Filing fee $100 receipt number AMOEDC-7782511) by Defendant Peabody Energy Corporation. (Attachments: #1 Certificate of Good Standing)(Abraham, Johan) |
| Filing 30 MOTION for Leave to Appear Pro Hac Vice Michael Schaper. The Certificate of Good Standing was attached.(Filing fee $100 receipt number AMOEDC-7782497) by Defendant Peabody Energy Corporation. (Attachments: #1 Certificate of Good Standing)(Schaper, Michael) |
| Filing 29 MOTION for Leave to Appear Pro Hac Vice Edward David Hassi. The Certificate of Good Standing was attached.(Filing fee $100 receipt number AMOEDC-7782487) by Defendant Peabody Energy Corporation. (Attachments: #1 Certificate of Good Standing)(Hassi, Edward) |
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Filing 28
Docket Text ORDER: Re: #24 MOTION for Leave to Appear Pro Hac Vice Corey W. Roush. The Certificate of Good Standing was attached.(Filing fee $100 receipt number AMOEDC-7781947) by Defendant Peabody Energy Corporation. (Attachments: # 1 Certificate of Good Standing)(Roush, Corey) filed by Peabody Energy Corporation ; ORDERED GRANTED. Signed by District Judge Sarah E. Pitlyk on 2/28/20. (ARL)
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| Filing 27 MOTION for Leave to Appear Pro Hac Vice Gorav Jindal. The Certificate of Good Standing was attached.(Filing fee $100 receipt number AMOEDC-7782145) by Defendant Peabody Energy Corporation. (Attachments: #1 Certificate of Good Standing)(Jindal, Gorav) |
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Filing 26
STIPULATION AND ORDER : (Please see Stipulation and Order for details.) Signed by District Judge Sarah E. Pitlyk on 2/28/20. (ARL)
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Filing 25
Docket Text ORDER: Re: #6 MOTION for Leave to File Sealed Motion for TRO by Plaintiff Federal Trade Commission. (Attachments: # 1 Text of Proposed Order)(Matheson, Daniel) filed by Federal Trade Commission ; ORDERED GRANTED. Signed by District Judge Sarah E. Pitlyk on 2/28/20. (ARL)
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| Filing 24 MOTION for Leave to Appear Pro Hac Vice Corey W. Roush. The Certificate of Good Standing was attached.(Filing fee $100 receipt number AMOEDC-7781947) by Defendant Peabody Energy Corporation. (Attachments: #1 Certificate of Good Standing)(Roush, Corey) |
| Filing 23 STIPULATION re #7 SEALED MOTION for Temporary Restraining Order and Proposed Stipulated Temporary Restraining Order by Plaintiff Federal Trade Commission. (Matheson, Daniel) |
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Filing 22
Docket Text ORDER: Rule 16 Conference set for 3/4/2020 02:00 AM in Chambers before District Judge Sarah E. Pitlyk.Signed by District Judge Sarah E. Pitlyk on 2/28/20. (ARL)
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| Filing 21 ELECTRONIC MINUTE ENTRY (no pdf attached) for proceedings held before District Judge Sarah E. Pitlyk: In chambers Status Conference held on 2/28/2020. Discussion held. Parties to file a Proposed Temporary Restraining Order today. (proceedings started: 10:37 a.m.) (proceedings ended: 11:05 a.m.)(Appearance for Plaintiff: Amy E. Dobrzynski, Daniel Matheson,)(Appearance for Defendant: Matthew Schelp, Michael Martinch-Sauter, Robert Jones, Michael Perry, Scott, Jarboe, Ted Hassi) (ARL) |
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Filing 20
Scheduling Docket Text ORDER: Joint Scheduling Plan and Disclosure of Organizational Interests due by 9:00 a.m. (central) on 3/4/2020. Signed by District Judge Sarah E. Pitlyk on 2/28/20. (ARL)
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Filing 19
Docket Text ORDER: Parties shall submit a Proposed Stipulated Temporary Restraining Order by 4:00 p.m.(central), today 2/28/20. Signed by District Judge Sarah E. Pitlyk on 2/28/20. (ARL)
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Filing 18
Docket Text ORDER: IT IS HEREBY ORDERED that the hearing on Plaintiff's Motion for Temporary Restraining Order (ECF No. #7 ) will be held in 16N Chambers on 2/28/2020 at 10:30 am. THIS IS A LOCATION CHANGE ONLY. Docket Text Order No. 12 remains in full force and effect. Signed by District Judge Sarah E. Pitlyk on 2/27/2020. (NEP)
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| Filing 17 NOTICE Compliance with ECF No. 12: by Plaintiff Federal Trade Commission (Matheson, Daniel) |
| Filing 16 REASSIGNMENT ORDER (GJL). District Judge Ronnie L. White no longer assigned to case. Case reassigned to District Judge Sarah E. Pitlyk for all further proceedings. (BRP) |
| Filing 15 ENTRY of Appearance by Michael Charles Martinich-Sauter for Defendant Peabody Energy Corporation. (Martinich-Sauter, Michael) |
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Filing 14
ORDER: IT IS HEREBY ORDERED that the undersigned United States District Judge is disqualified from handling any matters in this case, and the Clerk of Court shall randomly reassign the case to another judge. Signed by District Judge Ronnie L. White on February 27, 2020. (BRP)
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| Filing 13 ENTRY of Appearance by Matthew T. Schelp for Defendant Peabody Energy Corporation. (Schelp, Matthew) |
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Filing 12
Docket Text ORDER: IT IS HEREBY ORDERED that a hearing on Plaintiff's Motion for Temporary Restraining Order (ECF No. 7) will be held telephonically on Friday, February 28, 2020 at 10:30 a.m. Counsel for Plaintiff shall provide notice to Defendants regarding the date and time of the hearing and file a notice with the Court of Defendants' intent to participate no later than 5:00 p.m. today, February 27, 2020. Plaintiff shall initiate the telephonic hearing with the Court and Defendants. The parties are advised the Court will not hear witness testimony and will base its ruling on oral arguments and the parties' briefs. Any written response to the Motion for Temporary Restraining Order shall be submitted no later than Friday, February 28, 2020 at 9:00 a.m. Signed by District Judge Ronnie L. White on 2/27/2020. (THL)
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| Filing 11 NOTICE Request for TRO Hearing: by Plaintiff Federal Trade Commission (Matheson, Daniel) |
| Filing 10 NOTICE by Plaintiff Federal Trade Commission Civil Cover Sheet (Matheson, Daniel) |
| Case Opening Notification: Waivers issued 2. All non-governmental organizational parties (corporations, limited liability companies, limited liability partnerships) must file Disclosure of Organizational Interests Certificate # (moed-0001.pdf). Judge Assigned: Honorable Ronnie L. White. (JWD) |
| Filing 9 NOTICE by Plaintiff Federal Trade Commission Original Filing Form (Matheson, Daniel) |
| Filing 8 MOTION for Preliminary Injunction by Plaintiff Federal Trade Commission. (Attachments: #1 Text of Proposed Order)(Matheson, Daniel) |
| Filing 7 SEALED MOTION for Temporary Restraining Order by Plaintiff Federal Trade Commission. (Attachments: #1 Memorandum in Support of TRO Motion, #2 Text of Proposed Order, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit, #23 Exhibit, #24 Exhibit, #25 Exhibit, #26 Exhibit)(Matheson, Daniel) |
| Filing 6 MOTION for Leave to File Sealed Motion for TRO by Plaintiff Federal Trade Commission. (Attachments: #1 Text of Proposed Order)(Matheson, Daniel) |
| Filing 5 MOTION for Protective Order by Plaintiff Federal Trade Commission. (Attachments: #1 Text of Proposed Order)(Matheson, Daniel) |
| Filing 4 ENTRY OF APPEARANCE of Amy E. Dobrzynski for Plaintiff Federal Trade Commission (Dobrzynski, Amy) [Attorney filing error: attorney used wrong event in CM/ECF. Docket text modified to reflect correct event] Modified on 2/27/2020 (JWD). |
| Filing 3 WAIVER of Service issued defendantArch Coal, Inc.. sent to Arch Coal, Inc. on 02/26/2020 filed by Federal Trade Commission. Waiver of Service due by 3/27/2020. (Attachments: #1 Waiver of Service)(Matheson, Daniel) |
| Filing 2 WAIVER of Service issued defendantPeabody Energy Corporation. sent to Peabody Energy Corporation on 02/26/2020 filed by Federal Trade Commission. Waiver of Service due by 3/27/2020. (Attachments: #1 Waiver of Service)(Matheson, Daniel) |
| Filing 1 COMPLAINT for TRO and PI against defendant All Defendants Non-Jury Demand,, filed by Federal Trade Commission.(Matheson, Daniel) |
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