Pacific Northwest Solar v. Northwestern Corporation, A Delaware Corporation
Plaintiff: Pacific Northwest Solar
Defendant: Northwestern Corporation, A Delaware corporation
Case Number: 6:2016cv00114
Filed: December 23, 2016
Court: US District Court for the District of Montana
Office: Helena Office
County: LEWIS & CLARK
Presiding Judge: Sam E Haddon
Nature of Suit: Other Contract
Cause of Action: 28 U.S.C. ยง 1441
Jury Demanded By: Both

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
March 11, 2024 Opinion or Order Filing 551 ORDER; Northwesterns Motion for Judgment as a Matter of Law 535 is DENIED. Signed by Judge Brian Morris on 3/11/2024. (TLO)
February 29, 2024 Opinion or Order Filing 523 IT IS ORDERED: 1.) Pacific Solars Motion in Limine Regarding Damages (Doc. 491) is GRANTED. The Court has instructed the parties to work together to draft an appropriate jury instruction on damages. The parties must file this proposed instruction by 5:00 p.m. on Friday, March 1, 2024. 2.) Northwesterns Motion in Limine Regarding Lost Profits and Consequential Damages (Doc. 494) is DENIED. 3.) Pacific Solars Motion in Limine Regarding the MPSCs Decision (Doc. 497) is DENIED. 4.) Northwesterns Motion in Limine Regarding the Monies Received from non-Montana Sales (Doc. 500) is DENIED. 5.) Pacific Solars Motion in Limine Regarding Admission of the Valuation Model (Doc. 505) is GRANTED. Signed by Judge Brian Morris on 2/29/2024. (KAH)
December 16, 2021 Opinion or Order Filing 443 CLERK'S JUDGMENT in favor of Pacific Northwest Solar against Northwestern Corporation, A Delaware corporation.
December 13, 2021 Opinion or Order Filing 427 JURY MEAL ORDER. Signed by Judge Sam E Haddon on 12/13/2021. (HEG)
December 3, 2021 Opinion or Order Filing 409 ORDERED: On or before 4:45 p.m., December 3, 2021, Plaintiff shall file a statement of its continued opposition to or of withdrawal of opposition to Defendant's Motion for Leave to File Out-of-Time Motion Requesting the Use of Videoconference Testimony. Signed by Judge Sam E Haddon on 12/3/2021. (HEG)
November 17, 2021 Opinion or Order Filing 399 ORDERED: The Unopposed Motion RE: Resolution of Issues Before Trial is DENIED. The hearing set for November 30, 2021, will be conducted as scheduled. Signed by Judge Sam E Haddon on 11/17/2021. (HEG)
October 26, 2021 Opinion or Order Filing 385 ORDERED: Plaintiff's Motion for Permission to File Motions in Limine is DENIED. Signed by Judge Sam E Haddon on 10/26/2021. (HEG)
September 28, 2021 Opinion or Order Filing 364 ORDERED: Counsel are expected to be prepared to address at the conference such issues as may be necessary and appropriate, including: 1. Defendant's Motion to Certify Order for Interlocutory Appeal; 2. Number of days required for trial; 3. Preparation and submission of a revised pretrial order; and 4. Setting of the case for trial. Signed by Judge Sam E Haddon on 9/28/2021. (HEG)
August 30, 2021 Opinion or Order Filing 352 ORDER and MEMORANDUM: This Order supersedes and replaces any conflict between this Order and prior rulings. A conference call with counsel to address necessary revisions of deadlines and requirements for a revised final pretrial order will be set by separate order. Please review order for full details . Signed by Judge Sam E Haddon on 8/30/2021. (HEG)
June 10, 2021 Opinion or Order Filing 344 ORDERED: The Joint Motion for Adjudication of Liability Issues by Court is GRANTED to the extent stated in this Order. Upon completion of briefing as ordered, a hearing will be set by further order of Court, if necessary and appropriate, to address liability issues. Signed by Judge Sam E Haddon on 6/10/2021. (HEG)
April 28, 2020 Opinion or Order Filing 332 ORDER granting 330 Motion for Courtney J. Harrison to Appear Pro Hac Vice. This Order will be withdrawn unless Ms. Harrison, within 15 days from the date of this Order, files an acknowledgment and acceptance of her admission under the terms set forth above. Order and Affidavit provided to S. N. to add attorney info into CM/ECF. Signed by Judge Sam E Haddon on 4/28/2020. (HEG)
April 17, 2020 Opinion or Order Filing 326 ORDERED: Plaintiffs Unopposed Motion to Dismiss for the Purpose of Appeal to the Ninth Circuit Court Appeals is DENIED. Signed by Judge Sam E Haddon on 4/17/2020. (HEG)
November 15, 2019 Opinion or Order Filing 323 ORDER denying 319 Motion Third Request for an Additional Final Pretrial Conference. Plaintiff is accorded to and including November 22, 2019 in which to file a motion and brief satisfying with specificity the requirements of good cause and admissible evidence of the Order of November 1, 2019. See order for additional information. Signed by Judge Sam E Haddon on 11/15/2019. (JEH)
November 1, 2019 Opinion or Order Filing 316 ORDERED: The Second Motion Requesting an Additional Pretrial Conference is DENIED, without prejudice, to the Plaintiff having the option on or before November 5, 2019, to renew and file a third request for an additional final pretrial conference acco mpanied by brief in support specifically identifying good cause and outlining admissible evidence that such an additional final pretrial conference is warranted, Defendant shall have to and including November, 12, 2019, in which to file a brief in response. Signed by Judge Sam E Haddon on 11/1/2019. (HEG)
October 9, 2019 Opinion or Order Filing 301 ORDERED: This Order supplements and memorializes rulings made on the record at the final pretrial conference on October 3, 2019, as to the scope of John Alke'stestimony admissible at trial and resolves all issues raised in Plaintiffs Motion in Limine Re: NWE's State of Mind. (See order for complete details and information.) Signed by Judge Sam E Haddon on 10/9/2019. (HEG)
October 3, 2019 Opinion or Order Filing 294 ORDERED: 1. Admission at trial of the following exhibits, designated as "Will Offer" by Defendant: 543,564,566,589,596,609,618,619,620, and 629 is DENIED for one or more of the reasons stated as objections to the particular exhibit in the J oint Proposed Final Pretrial Order. 2. Admission at trial of the following exhibits, designated as "Will Offer" by Plaintiff: 14, 15, 16, and 17, is DENIED for one or more of the reasons stated as objections to the particular exhibit in the Joint Proposed Final Pretrial Order. 3. Determination of admissibility at trial of the exhibits designated as "Will Offer" by Defendant: 541, 553, 570, 592, 597, 598, 599, 630, 644, 645, 646, 647, and 648, is RESERVED unless and until offered for admission at trial. Signed by Judge Sam E Haddon on 10/3/2019. (HEG)
September 17, 2019 Opinion or Order Filing 280 ORDERED: 1. Admission at trial of the following exhibits, designated as "Will Offer" by Defendant: 508, 548, and 605, is DENIED. 2. Admission at trial of the following exhibits, designated as "Will Offer" by Plaintiff: 14, 15, 16 , and 17, is provisionally DENIED. 3. Admission at trial of the following exhibits, designated as "Will Offer" by Defendant: 543,564,566,589,596,609,618,619,620, and 629, is provisionally DENIED. (see order for complete information and details.) Signed by Judge Sam E Haddon on 9/17/2019. (HEG)
September 16, 2019 Opinion or Order Filing 279 ORDERED: Upon receipt of the additional briefs due by 4:45 p.m. on September 20, 2019, the motion will be deemed submitted for resolution by the Court on issues of admissibility at trial of John Alke's proffered testimony. Signed by Judge Sam E Haddon on 9/16/2019. (HEG)
September 12, 2019 Opinion or Order Filing 274 ORDERED: Each party may on or before 4:45 p.m. on September 20, 2019, file a brief stating its position as to which components of Mr. Alke's testimony are appropriate for consideration by the Court in addressing Plaintiffs Motion in Limine Re: NWE's State of Mind and which components should be ruled to be inadmissible at trial. Upon receipt of the briefs, the Court will further consider issues related to admissibility at trial of Mr. Alke's proffered testimony. Signed by Judge Sam E Haddon on 9/12/2019. (HEG)
July 15, 2019 Opinion or Order Filing 260 ORDER granting 239 Motion in Limine to Exclude Previously Undisclosed Evidence of Developer's Fees Received by Pacific Northwest Solar. Signed by Judge Sam E Haddon on 7/15/2019. (ASG)
July 8, 2019 Opinion or Order Filing 257 ORDERED: Plaintiffs Motion for Reconsideration of the Court's Preliminary Ruling on the Admissibility of Discovery 230 is DENIED. NWE Motion in Limine to Exclude Evidence of North Western Corporation's Contractual and Business Relations hips with Other Solar Developers 243 is GRANTED. Plaintiff's Motion in Limine Re: NWE's Undisclosed Documents and Untimely Discovery 243 was withdrawn. Please review order for additional information and deadlines re: motions. Signed by Judge Sam E Haddon on 7/8/2019. (HEG)
June 17, 2019 Opinion or Order Filing 252 ORDER granting 237 Motion in Limine to Exclude Trial Testimony from Ryan N. Meyer. Signed by Judge Sam E Haddon on 6/17/2019. (HEG)
May 8, 2019 Opinion or Order Filing 220 ORDERED: 1. Plaintiffs Motion to Strike and Exclude NWE's Undisclosed Documents and Untimelty [sic] Discovery is DENIED. 2. Plaintiffs Motion in Limine Re: NWE's State of Mind is DENIED. 3. Defendant North Western Corporation's Motion in Limine to Exclude Trial Testimony from Ryan N. Meyer is DENIED. Nothing in this Order addresses or resolves any issue relevant to questions of admissibility of evidence at trial. Signed by Judge Sam E Haddon on 5/8/2019. (HEG)
April 2, 2019 Opinion or Order Filing 201 ORDERED: Each party shall have to and including April 19, 2019, in which to file a brief in support of arguments and reasons for exclusion from admission at trial of each exhibit designated as "Will Offer" by the opposing party to which ob jection to admission is stated in the Joint Proposed Final Pretrial Order. A brief in response to objections shall be filed by the "Will Offer" party on or before May 3, 2019. A reply brief by the objecting party shall be filed on or before May 10, 2019. A hearing to address admissibility at trial of exhibits to which objection has been made will be set by further order of court. Signed by Judge Sam E Haddon on 4/2/2019. (HEG)
March 7, 2019 Opinion or Order Filing 180 ORDERED: re 179 The "statement specifying the number of days required for trial" shall be filed forthwith. A hearing to establish a date for trial and to address admission of evidence and trial-related issues will be set by further order of the Court. Signed by Judge Sam E Haddon on 3/7/2019. (HEG)
March 4, 2019 Opinion or Order Filing 179 ORDER denying 141 Motion for Partial Summary Judgment; denying 143 Motion for Partial Summary Judgment; denying 145 Motion for Summary Judgment; denying 158 Motion. FURTHER ORDERED: The Defendant's unopposed motion, made in open court, to extend the proposed final pretrial order filing deadline is GRANTED. The proposed final pretrial order shall be filed on or before March 29, 2019. 2. A statement specifying the number of days required for trial shall be filed on or before March 6, 2019. 3. The Court may schedule and conduct a further hearing or hearings to address admission of evidence and trial-related issues if necessary and appropriate. Signed by Judge Sam E Haddon on 3/4/2019. (HEG)
February 14, 2019 Opinion or Order Filing 175 ORDERED: Plaintiffs Unopposed Motion to Re-file Response Brief is GRANTED. An amended response brief to Defendant Northwestern Corporation's Motion for Summary Judgment shall be filed with a certificate of compliance. L.R. 7.l(d)(2)(E). Signed by Judge Sam E Haddon on 2/14/2019. (HEG)
February 4, 2019 Opinion or Order Filing 156 ORDER denying 155 Motion to Renew its Motion for Summary Judgment on its Sixth Cause of Action. Plaintiff may resubmit the motion in proper form. Signed by Judge Sam E Haddon on 2/4/2019. (HEG)
November 19, 2018 Opinion or Order Filing 139 ORDERED: Heelstones objections to the Courts Amended Order of October 25, 2018, are DENIED. Pacific shall produce to Northwestern on or before November 26, 2018, all of the documents that the Court previously ordered produced in its Amended Order of October 25, 2018. (Doc. 126). These documents shall be subject to the Courts March 6, 2018 Protective and Clawback Order. (Doc. 87). Signed by Magistrate Judge John Johnston on 11/19/2018. (HEG)
November 6, 2018 Opinion or Order Filing 131 ORDER. Settlement Conference set for 1/24/2019 at 09:00 AM in Missoula, MT before Magistrate Judge John Johnston. See Order for additional information. Signed by Magistrate Judge John Johnston on 11/6/2018. (JEC)
November 2, 2018 Opinion or Order Filing 130 ORDERED: NWE may file the additional documents under seal subject to the following condition re: 128 . All documents reviewed and relied upon by NWE's expert in forming his opinions in this case will be made public not less than 7 days before the date upon which trial of this case is scheduled to commence. Signed by Judge Sam E Haddon on 11/2/2018. (HEG)
October 25, 2018 Opinion or Order Filing 126 AMENDED ORDER granting 89 MOTION to Compel Discovery filed by Northwestern Corporation, A Delaware corporation. See order for full details. Signed by Magistrate Judge John Johnston on 10/25/2018. (TLO)
October 24, 2018 Opinion or Order Filing 122 ORDER granting 120 Motion to File Under Seal. IT IS HEREBY ORDERED that Exhibits J and K to NWE's Supplemental Suggestions in Support of its Motion to Compel Discovery be filed under seal. Signed by Magistrate Judge John Johnston on 10/24/2018. (NOS)
August 21, 2018 Opinion or Order Filing 105 ORDERED: Plaintiffs Motion for Summary Judgment on its Sixth Cause of Action is premature. The motion is DENIED without prejudice to renewal if appropriate by order of the Court upon showing of good cause after close of discovery. Signed by Judge Sam E Haddon on 8/21/2018. (HEG)
August 20, 2018 Opinion or Order Filing 102 ORDER denying 52 Motion to Dismiss. Signed by Judge Sam E Haddon on 8/20/2018. (HEG)
March 6, 2018 Opinion or Order Filing 87 PROTECTIVE AND CLAWBACK ORDER. Please review order for complete details. Signed by Judge Sam E Haddon on 3/6/2018. (HEG)
March 1, 2018 Opinion or Order Filing 84 ORDERED re 83 : The parties shall apprise the Court of their positions regarding implementation of the changes on or before March 9, 2018, at 4:45 p.m. Signed by Judge Sam E Haddon on 3/1/2018. (HEG)
August 11, 2017 Opinion or Order Filing 46 ORDER granting 43 Motion to Lift Stay and Leave to File First Amended Complaint. Plaintiff shall file the First Amended Complaint forthwith. Signed by Judge Sam E Haddon on 8/11/2017. (HEG)
March 28, 2017 Opinion or Order Filing 37 ORDER STAYING CASE until 9/29/2017 and granting in part and denying in part Defendants Motion To Stay, Order Setting deadline for Defendant to file an Amended Preliminary Pretrial Statement due by 3/31/2017. Signed by Judge Sam E Haddon on 3/28/2017. (DED)
January 26, 2017 Opinion or Order Filing 17 ORDER granting 16 Motion to Appear Pro Hac Vice for Attorney Robin K. Carlson for Northwestern Corporation, A Delaware corporation. Acknowledgment of PHV Order due by 2/13/2017. Signed by Judge Sam E Haddon on 1/26/2017. Copy of order mailed to R. Carlson and KH advised of admission. (DED)
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Plaintiff: Pacific Northwest Solar
Represented By: Ryan N. Meyer
Represented By: Ryan R. Shaffer
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Defendant: Northwestern Corporation, A Delaware corporation
Represented By: Robin K. Carlson
Represented By: Thomas H. Davis
Represented By: Kathleen L. DeSoto
Represented By: Steven G. Emerson
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