Avista Corporation et al v. NorthWestern Corporation et al
Plaintiff: Avista Corporation, Puget Sound Energy, Inc., PacifiCorp and Portland General Electric Co
Defendant: NorthWestern Corporation and Talen Montana, LLC
Case Number: 1:2021cv00090
Filed: August 19, 2021
Court: US District Court for the District of Montana
Presiding Judge: Timothy J Cavan
Referring Judge: Susan P Watters
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. ยง 1441
Jury Demanded By: None
Docket Report

This docket was last retrieved on September 9, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 19, 2021 Filing 44 Case transferred in from District of Washington Eastern; Case Number 2:21-cv-00163. Original file certified copy of transfer order and docket sheet received. (EMH, )
August 18, 2021 Opinion or Order Filing 43 ORDER GRANTING #7 DEFENDANT TALEN MONTANA, LLC'S MOTION TO TRANSFER AND DENYING #16 PLAINTIFFS' JOINT MOTION FOR REMAND. Case transferred to District of Montana, Billings Division. Case Closed. Signed by Judge Rosanna Malouf Peterson. (TR, Case Administrator) [Transferred from waed on 8/19/2021.]
August 2, 2021 Filing 42 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motions Hearing. Proceedings held on July 29, 2021, in Video Conference before Judge Rosanna Malouf Peterson. Page Numbers: 1 - 43 Parties have seven (7) business days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. 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. Information regarding the policy can be found on the court website at www.waed.uscourts.gov. To purchase a copy of the transcript contact Court Reporter/Transcriber Ronelle F. Corbey at 509-458-5283 or Ronelle_Corbey@waed.uscourts.gov. Redaction Request due 8/23/2021. Redacted Transcript Deadline set for 9/2/2021. Release of Transcript Restriction set for 11/1/2021. (Corbey, Ronelle) [Transferred from waed on 8/19/2021.]
July 29, 2021 Filing 41 Minute Entry for VIDEO CONFERENCE proceedings held before Judge Rosanna Malouf Peterson: Motion Hearing held on 7/29/2021 re #7 MOTION to Transfer or Dismiss filed by Talen Montana LLC and #16 First MOTION to Remand filed by Pacificorp.(Reported/Recorded by: Ronelle F. Corbey) (PL, Courtroom Deputy) [Transferred from waed on 8/19/2021.]
July 22, 2021 Opinion or Order Filing 40 TEXT-ONLY ORDER (no PDF will issue) granting ECF No. #37 , Motion for Leave to Appear Pro Hac Vice. Attorney Barry Barnett, having applied for pro hac vice status and being found to meet the requirements for pro hac vice membership, is hereby added as counsel for Defendant Talen Montana, LLC. This text-only entry constitutes the Court's ruling on the matter. Signed by Judge Rosanna Malouf Peterson. (AY, Case Administrator) [Transferred from waed on 8/19/2021.]
July 21, 2021 Filing 39 NOTICE of Association of Counsel by Anna Marie Joyce on behalf of Portland General Electric Co (Attorney Anna Marie Joyce added to party Portland General Electric Co(pty:pla))(Joyce, Anna) [Transferred from waed on 8/19/2021.]
July 19, 2021 Filing 38 DECLARATION by Barry Barnett in Support re #37 MOTION to Appear Pro Hac Vice re Attorney: Barry Barnett. Filing fee $ 200, receipt number AWAEDC-3833072. filed by Talen Montana LLC. (Van Dessel, Geana) [Transferred from waed on 8/19/2021.]
July 19, 2021 Filing 37 MOTION to Appear Pro Hac Vice re Attorney: Barry Barnett. Filing fee $ 200, receipt number AWAEDC-3833072. by Talen Montana LLC. Motion Hearing set for 8/18/2021 Without Oral Argument before Judge Rosanna Malouf Peterson. (Van Dessel, Geana) [Transferred from waed on 8/19/2021.]
July 6, 2021 Filing 36 NOTICE Resetting Hearing on Motions By Court - Text entry; no PDF document. Oral Argument Requested re #7 MOTION to Transfer or Dismiss and #16 First MOTION to Remand. Motion Hearing reset for 7/29/2021 at 01:30 PM in Spokane Courtroom 901 via Video Conference before Judge Rosanna Malouf Peterson. Case participants will be provided with separate call-in details by private email from the Court's staff to use for this video conference. Non-parties may call the Court's public conference line of 1-888-363-4749, Access code 4939688 # (no security code required), five minutes before the scheduled conference time. Parties on the phone MUST MUTE THEIR PHONES and NO RECORDING OR REBROADCASTING IS PERMITTED.(PL, Courtroom Deputy) [Transferred from waed on 8/19/2021.]
July 2, 2021 Filing 35 DECLARATION by Connie Sue Martin in Support re #16 First MOTION to Remand filed by Pacificorp. (Martin, Connie Sue) [Transferred from waed on 8/19/2021.]
July 2, 2021 Filing 34 REPLY MEMORANDUM re #16 First MOTION to Remand filed by All Plaintiffs. (Attachments: #1 Appendix Unpublished Cases)(Martin, Connie Sue) [Transferred from waed on 8/19/2021.]
June 25, 2021 Filing 33 DECLARATION by Geana M. Van Dessel in Opposition re #16 First MOTION to Remand filed by Talen Montana LLC. (Attachments: #1 Exhibit A-B)(Van Dessel, Geana) [Transferred from waed on 8/19/2021.]
June 25, 2021 Filing 32 MEMORANDUM in Opposition re #16 First MOTION to Remand filed by Talen Montana LLC. (Van Dessel, Geana) [Transferred from waed on 8/19/2021.]
June 25, 2021 Filing 31 RESPONSE to Motion re #16 First MOTION to Remand filed by NorthWestern Corporation. (Keyes, J) [Transferred from waed on 8/19/2021.]
June 25, 2021 Filing 30 DECLARATION by Geana M. Van Dessel in Support re #7 MOTION Transfer or Dismiss 2nd Declaration filed by Talen Montana LLC. (Attachments: #1 Exhibit G-H)(Van Dessel, Geana) [Transferred from waed on 8/19/2021.]
June 25, 2021 Filing 29 REPLY MEMORANDUM re #7 MOTION Transfer or Dismiss filed by Talen Montana LLC. (Van Dessel, Geana) [Transferred from waed on 8/19/2021.]
June 11, 2021 Filing 28 MEMORANDUM in Opposition re #7 MOTION Transfer or Dismiss filed by All Plaintiffs. (DeLuca, Dallas) [Transferred from waed on 8/19/2021.]
June 11, 2021 Filing 27 RESPONSE to Motion re #7 MOTION Transfer or Dismiss filed by NorthWestern Corporation. (Jackson, J) [Transferred from waed on 8/19/2021.]
June 8, 2021 Filing 26 RULE 7.1 CORPORATE DISCLOSURE STATEMENT by Avista Corporation. (Schroeder, William) [Transferred from waed on 8/19/2021.]
June 8, 2021 Filing 25 RULE 7.1 CORPORATE DISCLOSURE STATEMENT by Pacificorp. (Martin, Connie Sue) [Transferred from waed on 8/19/2021.]
June 8, 2021 Filing 24 RULE 7.1 CORPORATE DISCLOSURE STATEMENT by Puget Sound Energy Inc. (Hanson, Jeffrey) [Transferred from waed on 8/19/2021.]
June 8, 2021 Opinion or Order Filing 23 TEXT-ONLY ORDER (no PDF will issue) granting ECF No. #20 , Motion for Leave to Appear Pro Hac Vice. Attorney Harry B. Wilson, having applied for pro hac vice status and being found to meet the requirements for pro hac vice membership, is hereby added as counsel for Plaintiff Portland General Electric Company. This text-only entry constitutes the Court's ruling on the matter. Signed by Judge Rosanna Malouf Peterson. (MS, Judicial Assistant) [Transferred from waed on 8/19/2021.]
June 8, 2021 Filing 22 RULE 7.1 CORPORATE DISCLOSURE STATEMENT by Portland General Electric Co. (DeLuca, Dallas) [Transferred from waed on 8/19/2021.]
June 8, 2021 Filing 21 DECLARATION by Harry B. Wilson in Support re #20 MOTION to Appear Pro Hac Vice re Attorney: Harry B. Wilson. Filing fee $ 200, receipt number AWAEDC-3806938. filed by Portland General Electric Co. (DeLuca, Dallas) [Transferred from waed on 8/19/2021.]
June 8, 2021 Filing 20 MOTION to Appear Pro Hac Vice re Attorney: Harry B. Wilson. Filing fee $ 200, receipt number AWAEDC-3806938. by Portland General Electric Co. Motion Hearing set for 7/9/2021 Without Oral Argument before Judge Rosanna Malouf Peterson. (Attachments: #1 Text of Proposed Order [Proposed] Order Granting Plaintiff Portland General Electric Company's Motion to Admit Harry B. Wilson Pro Hac Vice)(DeLuca, Dallas) [Transferred from waed on 8/19/2021.]
June 7, 2021 Opinion or Order Filing 19 TEXT ORDER (no PDF will issue) GRANTING, for good cause shown and absent an objection from the Defendants, Plaintiffs' Motion to Expedite hearing on Plaintiffs' Joint Motion for Remand, ECF No. #15 . Plaintiffs' Motion to Expedite filed at ECF No. #18 is DENIED as duplicative. Defendants' response to Plaintiffs' Joint Motion for Remand is due by June 25, 2021. Plaintiffs' reply is due by July 2, 2021. Plaintiff' Joint Motion for Remand, ECF No. 16, is noted for hearing with oral argument on July 14, 2021, at 2:30 p.m. via video conference. This text-only entry constitutes the Court's ruling on the matter. Signed by Judge Rosanna Malouf Peterson. (MS, Judicial Assistant) [Transferred from waed on 8/19/2021.]
June 7, 2021 Set/Reset Motion Hearing as to ECF No. #16 , First Motion to Remand. Motion Hearing reset for July 14, 2021, at 02:30 PM via video conference before Judge Rosanna Malouf Peterson. The parties will be provided connection instructions and related information from the Court prior to the hearing. (MS, Judicial Assistant) [Transferred from waed on 8/19/2021.]
June 4, 2021 Filing 18 MOTION to Expedite by Pacificorp. Motion Hearing set for 6/11/2021 Without Oral Argument before Judge Rosanna Malouf Peterson. (Attachments: #1 Text of Proposed Order)(Martin, Connie Sue) [Transferred from waed on 8/19/2021.]
June 4, 2021 Filing 17 DECLARATION by Connie Sue Martin in Support re #16 First MOTION to Remand filed by Pacificorp. (Martin, Connie Sue) [Transferred from waed on 8/19/2021.]
June 4, 2021 Filing 16 First MOTION to Remand by Pacificorp. Motion Hearing set for 7/14/2020 at 02:30 PM in Spokane Courtroom 901 before Judge Rosanna Malouf Peterson. (Attachments: #1 Text of Proposed Order)(Martin, Connie Sue) [Transferred from waed on 8/19/2021.]
June 4, 2021 Filing 15 First MOTION to Expedite by Pacificorp. Motion Hearing set for 7/14/2021 at 02:30 PM in Spokane Courtroom 901 before Judge Rosanna Malouf Peterson. (Attachments: #1 Text of Proposed Order)(Martin, Connie Sue) [Transferred from waed on 8/19/2021.]
May 27, 2021 Filing 14 NOTICE RESETTING Hearing on Motion By Court - Text entry; no PDF document. Oral Argument Requested re #7 MOTION Transfer or Dismiss: Motion Hearing set for 7/14/2021 at 02:30 PM is RESET as a VIDEO HEARING, rather than an in-court hearing, before Judge Rosanna Malouf Peterson. (PL, Courtroom Deputy) [Transferred from waed on 8/19/2021.]
May 26, 2021 Filing 13 DECLARATION of William J. Schroeder RE: Service on Talen Montana, LLC by Avista Corporation. (Schroeder, William) [Transferred from waed on 8/19/2021.]
May 26, 2021 Filing 12 DECLARATION of William J. Schroeder RE: Service on Northwestern Corporation by Avista Corporation. (Schroeder, William) [Transferred from waed on 8/19/2021.]
May 26, 2021 Filing 11 NOTICE of Appearance by Michael G Andrea on behalf of Avista Corporation (Attorney Michael G Andrea added to party Avista Corporation(pty:pla))(Andrea, Michael) [Transferred from waed on 8/19/2021.]
May 25, 2021 Filing 10 NOTICE of Appearance by Troy Donald Greenfield on behalf of Pacificorp (Greenfield, Troy) [Transferred from waed on 8/19/2021.]
May 25, 2021 Filing 9 NOTICE of Appearance by Connie Sue Manos Martin on behalf of Pacificorp (Attorney Connie Sue Manos Martin added to party Pacificorp(pty:pla))(Martin, Connie Sue) [Transferred from waed on 8/19/2021.]
May 21, 2021 Filing 8 DECLARATION by Geana M. Van Dessel in Support re #7 MOTION Transfer or Dismiss filed by Talen Montana LLC. (Attachments: #1 Exhibit A-F)(Van Dessel, Geana) [Transferred from waed on 8/19/2021.]
May 21, 2021 Filing 7 MOTION Transfer or Dismiss by Talen Montana LLC. Motion Hearing set for 7/14/2021 at 02:30 PM in Spokane Courtroom 901 before Judge Rosanna Malouf Peterson. (Attachments: #1 Text of Proposed Order)(Van Dessel, Geana) [Transferred from waed on 8/19/2021.]
May 20, 2021 Opinion or Order Filing 6 TEXT-ONLY ORDER (no PDF will issue) granting ECF No. #3 , Motion for Leave to Appear Pro Hac Vice. Attorney J. David Jackson, having applied for pro hac vice status and being found to meet the requirements for pro hac vice membership, is hereby added as counsel for Defendant NorthWestern Corporation. This text-only entry constitutes the Court's ruling on the matter. Signed by Judge Rosanna Malouf Peterson. (MS, Judicial Assistant) [Transferred from waed on 8/19/2021.]
May 19, 2021 Filing 5 RULE 7.1 CORPORATE DISCLOSURE STATEMENT by NorthWestern Corporation. (Keyes, J) [Transferred from waed on 8/19/2021.]
May 19, 2021 Filing 4 DECLARATION by J Jackson in Support re #3 MOTION to Appear Pro Hac Vicefor Defendant Northwestern Corporation re Attorney: J Jackson. Filing fee $ 200, receipt number AWAEDC-3793276. filed by NorthWestern Corporation. (Keyes, J) [Transferred from waed on 8/19/2021.]
May 19, 2021 Filing 3 MOTION to Appear Pro Hac Vicefor Defendant Northwestern Corporation re Attorney: J Jackson. Filing fee $ 200, receipt number AWAEDC-3793276. by NorthWestern Corporation. Motion Hearing set for 6/18/2021 Without Oral Argument before Judge Rosanna Malouf Peterson. (Attachments: #1 Text of Proposed Order)(Keyes, J) [Transferred from waed on 8/19/2021.]
May 14, 2021 Filing 2 RULE 7.1 CORPORATE DISCLOSURE STATEMENT by Talen Montana, LLC. (Van Dessel, Geana) [Transferred from waed on 8/19/2021.]
May 14, 2021 Filing 1 NOTICE OF REMOVAL Filing fee $402; Receipt #AWAEDC-3790829 Filed by Talen Montana, LLC. (Attachments: #1 Civil Cover Sheet)(Van Dessel, Geana) [Transferred from waed on 8/19/2021.]
May 14, 2021 Notice of Judge Assignment. Judge Rosanna Malouf Peterson assigned to case. (TR, Case Administrator) [Transferred from waed on 8/19/2021.]

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Search for this case: Avista Corporation et al v. NorthWestern Corporation et al
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Plaintiff: Avista Corporation
Represented By: Michael G. Andrea
Represented By: William J. Schroeder
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Plaintiff: Puget Sound Energy, Inc.
Represented By: Jeffrey Michael Hanson
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Plaintiff: PacifiCorp
Represented By: Connie Sue Manos Martin
Represented By: Troy Donald Greenfield
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Plaintiff: Portland General Electric Co
Represented By: Anna Marie Joyce
Represented By: Dallas Steven DeLuca
Represented By: Harry B. Wilson
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Defendant: NorthWestern Corporation
Represented By: J Michael Keyes
Represented By: J. David Jackson
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Defendant: Talen Montana, LLC
Represented By: Barry Barnett
Represented By: Geana Van Dessel
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