DG New York CS, LLC et al v. Norbut Solar Farm, LLC et al
| DG New York CS, LLC, DG 1 Acquisition Co., LLC, NSF Coventry Site 2, LLC, NSF Coventry Site 3, LLC, NSF Enfield Site 1, LLC, NSF Enfield Site 2, LLC and NSF Enfield Site 3, LLC |
| Norbut Solar Farm, LLC, David Norbut, 2194 State HWY 206, LLC and Applegate Road, LLC |
| 1:2023cv00971 |
| August 10, 2023 |
| US District Court for the Northern District of New York |
| David N Hurd |
| Daniel J Stewart |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| None |
Docket Report
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Filing 33
RESPONSE in Opposition re #32 Letter Motion from George F. Carpinello for DG 1 Acquisition Co., LLC, DG New York CS, LLC, NSF Coventry Site 2, LLC, NSF Coventry Site 3, LLC, NSF Enfield Site 1, LLC, NSF Enfield Site 2, LLC, NSF Enfield Site 3, LLC requesting Oral Argument filed by 2194 State HWY 206, LLC, Applegate Road, LLC, David Norbut, Norbut Solar Farm, LLC. (Ferrante, Eric)
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Filing 32
Letter Motion from George F. Carpinello for DG 1 Acquisition Co., LLC, DG New York CS, LLC, NSF Coventry Site 2, LLC, NSF Coventry Site 3, LLC, NSF Enfield Site 1, LLC, NSF Enfield Site 2, LLC, NSF Enfield Site 3, LLC requesting Oral Argument Regarding Defendants' Motion to Dismiss submitted to Judge Hurd . (Carpinello, George)
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Filing 31
REPLY to Response to Motion re #27 MOTION to Dismiss for Failure to State a Claim filed by 2194 State HWY 206, LLC, Applegate Road, LLC, David Norbut, Norbut Solar Farm, LLC. Motion returnable before Judge David N. Hurd filed by 2194 State HWY 206, LLC, Applegate Road, LLC, David Norbut, Norbut Solar Farm, LLC. (Attachments: #1 Declaration of Eric M. Ferrante in Further Support of Motion to Dismiss, #2 Exhibit(s) A to Ferrante Declaration)(Ferrante, Eric)
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Filing 30
RESPONSE in Opposition re #27 MOTION to Dismiss for Failure to State a Claim filed by 2194 State HWY 206, LLC, Applegate Road, LLC, David Norbut, Norbut Solar Farm, LLC. Motion returnable before Judge David N. Hurd filed by DG 1 Acquisition Co., LLC, DG New York CS, LLC, NSF Coventry Site 2, LLC, NSF Coventry Site 3, LLC, NSF Enfield Site 1, LLC, NSF Enfield Site 2, LLC, NSF Enfield Site 3, LLC. (Carpinello, George)
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Filing 29
RESPONSE TO LETTER BRIEF filed by 2194 State HWY 206, LLC, Applegate Road, LLC, David Norbut, Norbut Solar Farm, LLC as to #28 Letter Request/Motion, filed by NSF Enfield Site 2, LLC, NSF Coventry Site 2, LLC, DG 1 Acquisition Co., LLC, NSF Coventry Site 3, LLC, NSF Enfield Site 3, LLC, NSF Enfield Site 1, LLC, DG New York CS, LLC . (Reynolds, William)
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Filing 28
Letter Motion from George F. Carpinello for DG 1 Acquisition Co., LLC, DG New York CS, LLC, NSF Coventry Site 2, LLC, NSF Coventry Site 3, LLC, NSF Enfield Site 1, LLC, NSF Enfield Site 2, LLC, NSF Enfield Site 3, LLC requesting A New Preliminary Injunction Hearing submitted to Judge Hurd . (Carpinello, George)
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Filing 27
MOTION to Dismiss for Failure to State a Claim filed by 2194 State HWY 206, LLC, Applegate Road, LLC, David Norbut, Norbut Solar Farm, LLC. Motion returnable before Judge David N. Hurd Response to Motion due by 9/22/2023. Reply to Response to Motion due by 9/29/2023 (Attachments: #1 Memorandum of Law In Support of Defendants' Motion to Dismiss) (Reynolds, William)
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Filing 26
TEXT ORDER OF RECUSAL. The undersigned hereby RECUSES himself from this action. Having reviewed this matter more closely, it has come to my attention that I may have a conflict of interest, and therefore I recuse myself from this case. WHEREFORE, it is hereby ORDERED that the Clerk enter this Text Order of Recusal for the undersigned; and it is further ORDERED that the Clerk shall randomly reassign this case to another United States District Judge. (U.S. District Judge Glenn T. Suddaby recused. Case reassigned to District Judge David N. Hurd for all further proceedings. Magistrate Judge Daniel J. Stewart remains the assigned magistrate judge in this action). SO ORDERED by U.S. District Judge Glenn T Suddaby on 8/28/2023. (sal)
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Filing 25
TEXT NOTICE advising counsel that, based on the Corporate Disclosure Statement filed, this action is now appearing on the undersigned's automated Conflict-of-Interest Checking Report due to the status of NextEra Energy Inc. as a corporate parent. Counsel are respectfully advised that, once the undersigned finds another district judge of this District available to accept the reassignment of this action, the undersigned will issue a recusal order. Authorized by U.S. District Judge Glenn T. Suddaby on 8/28/2023. (sal)
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Filing 24
LETTER BRIEF Regarding Upcoming Teleconference by DG 1 Acquisition Co., LLC, DG New York CS, LLC, NSF Coventry Site 2, LLC, NSF Coventry Site 3, LLC, NSF Enfield Site 1, LLC, NSF Enfield Site 2, LLC, NSF Enfield Site 3, LLC. (Carpinello, George)
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Filing 23
AFFIDAVIT re Motion Hearing,,,, Supplemental Declaraton of David Norbut in Opposition to Plaintiff's Motion for Preliminary Injunction by 2194 State HWY 206, LLC, Applegate Road, LLC, David Norbut, Norbut Solar Farm, LLC. (Attachments: #1 Exhibit(s) A - Enfield Map, #2 Exhibit(s) B - Coventry Map)(Ferrante, Eric)
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Filing 22
FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by DG 1 Acquisition Co., LLC, DG New York CS, LLC, NSF Coventry Site 2, LLC, NSF Coventry Site 3, LLC, NSF Enfield Site 1, LLC, NSF Enfield Site 2, LLC, NSF Enfield Site 3, LLC identifying Corporate Parent DG New York CS, LLC, Corporate Parent DG 1 Acquisition Co., LLC, Corporate Parent ESI Energy, LLC, Corporate Parent NextEra Energy Resources, LLC, Corporate Parent NextEra Energy, Inc., Corporate Parent DG 1, LLC, Corporate Parent NextEra Energy Capital Holdings, Inc. for NSF Coventry Site 2, LLC, NSF Coventry Site 3, LLC, NSF Enfield Site 1, LLC, NSF Enfield Site 2, LLC, NSF Enfield Site 3, LLC; Corporate Parent ESI Energy, LLC, Corporate Parent NextEra Energy Resources, LLC, Corporate Parent NextEra Energy, Inc., Corporate Parent DG 1, LLC, Corporate Parent NextEra Energy Capital Holdings, Inc. for DG 1 Acquisition Co., LLC, DG New York CS, LLC.. (Carpinello, George)
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Filing 21
AFFIDAVIT re Motion Hearing,,,, Supplemental Declaration of Jaime Scarff by DG 1 Acquisition Co., LLC, DG New York CS, LLC, NSF Coventry Site 2, LLC, NSF Coventry Site 3, LLC, NSF Enfield Site 1, LLC, NSF Enfield Site 2, LLC, NSF Enfield Site 3, LLC. (Attachments: #1 Exhibit(s) A (Filed Under Seal), #2 Exhibit(s) B)(Carpinello, George)
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Filing 20
***SEALED DOCUMENT - Unredacted Supplemental Declaration of Jaime Scarff and Exhibit A in Further Support of Plaintiffs' #4 Motion for a Preliminary Injunction filed under seal. (sal ) (Additional attachment(s) added on 8/24/2023: #1 Exhibit A) (sal, ).
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Filing 19
TEXT ORDER granting #18 Plaintiffs' motion for leave to file a redacted version of the Supplemental Declaration of Jaime Scarff and Exhibit A thereto. Plaintiffs must promptly file, under seal, an un-redacted version of both the Supplemental Declaration of Jaime Scarff and Exhibit A thereto. To the extent Plaintiffs' motion requests any other relief, it is denied without prejudice as unsupported by a showing of cause and contrary to Local Rule 5.3 of the Local Rules of Practice for this Court. SO ORDERED by U.S. District Judge Glenn T Suddaby on 8/24/2023. (sal )
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Filing 18
MOTION File Under Seal the Supplemental Declaration of Jaime Scarff re Motion Hearing,,,, filed by DG 1 Acquisition Co., LLC, DG New York CS, LLC, NSF Coventry Site 2, LLC, NSF Coventry Site 3, LLC, NSF Enfield Site 1, LLC, NSF Enfield Site 2, LLC, NSF Enfield Site 3, LLC. Response to Motion due by 9/13/2023 (Attachments: #1 Proposed Order/Judgment, #2 Redacted Supplemental Declaration of Jaime Scarff, #3 Exhibit A to the Supplemental Declaration of Jaime Scarff [Filed Under Seal], #4 Exhibit B to the Supplemental Declaration of Jaime Scarff) Motions referred to Daniel J. Stewart. (Carpinello, George)
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Filing 17
TRANSCRIPT of Proceedings: Motion for Preliminary Injunction Hearing held on 8/22/2023 before Judge Glenn T. Suddaby, Court Reporter: Jodi L. Hibbard, Telephone number: (315) 234-8547. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must electronically file a Notice of Intent to Request Redaction with the Clerk's Office within 5 business days of this date. The policy governing the redaction of personal information is located on the court website at www.nynd.uscourts.gov. Read this policy carefully. If no Notice of Intent to Redact is filed within 5 business days of this date, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available on the web 90 days from today's date. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/13/2023. Redacted Transcript Deadline set for 9/25/2023. Release of Transcript Restriction set for 11/21/2023. Notice of Intent to Redact due by 8/28/2023 (jlh, )
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Filing 16
TRANSCRIPT REQUEST by 2194 State HWY 206, LLC, Applegate Road, LLC, David Norbut, Norbut Solar Farm, LLC for proceedings held on August 22, 2023 before Judge Suddaby.. (Ferrante, Eric)
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Filing 15
TRANSCRIPT REQUEST by DG 1 Acquisition Co., LLC, DG New York CS, LLC, NSF Coventry Site 2, LLC, NSF Coventry Site 3, LLC, NSF Enfield Site 1, LLC, NSF Enfield Site 2, LLC, NSF Enfield Site 3, LLC for proceedings held on August 22, 2023 before Judge Suddaby.. (Carpinello, George)
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TEXT Minute Entry for proceedings held before U.S. District Judge Glenn T Suddaby: Motion Hearing held on 8/22/2023 re Plaintiffs' #4 Emergency Motion for Preliminary Injunction. Oral argument is heard from counsel. District Judge Suddaby reserves decision on this motion and a written decision will be forthcoming. Plaintiffs' counsel is permitted to file an Affidavit regarding NYSEG's easement agreement (not signed by Defendants) within two days of today's date. Defendants' counsel is permitted to file a response two days from the date the Court receives Plaintiffs' affidavit. The parties are encouraged to resolve this issue on their own. If the parties believe assistance from the Court would be beneficial in resolving this matter, then the parties are to request such relief from the Court. APP: George Carpinello, Esq. and Jenna Smith, Esq. for Plaintiffs. Eric Ferrante, Esq., William Reynolds, Esq., and Ashley E. Champion, Esq. (in-house counsel for Norbut Solar Farms) for Defendants. Time: 1:41 PM - 3:09 PM. (Court Reporter Jodi Hibbard) (sal )
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Filing 14
REPLY to Response to Motion re #4 Emergency MOTION for Preliminary Injunction filed by DG 1 Acquisition Co., LLC, DG New York CS, LLC, NSF Coventry Site 2, LLC, NSF Coventry Site 3, LLC, NSF Enfield Site 1, LLC, NSF Enfield Site 2, LLC, NSF Enfield Site 3, LLC. Motion returnab filed by DG 1 Acquisition Co., LLC, DG New York CS, LLC, NSF Coventry Site 2, LLC, NSF Coventry Site 3, LLC, NSF Enfield Site 1, LLC, NSF Enfield Site 2, LLC, NSF Enfield Site 3, LLC. (Attachments: #1 Reply Declaration of Jaime Scarff, #2 Exhibit(s) A to the Reply Declaration of Jaime Scarff, #3 Exhibit(s) B to the Reply Declaration of Jaime Scarff)(Carpinello, George)
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Filing 13
FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by DG 1 Acquisition Co., LLC, DG New York CS, LLC, NSF Coventry Site 2, LLC, NSF Coventry Site 3, LLC, NSF Enfield Site 1, LLC, NSF Enfield Site 2, LLC, NSF Enfield Site 3, LLC identifying Corporate Parent DG New York CS, LLC, Corporate Parent DG 1 Acquisition Co., LLC, Corporate Parent ESI Energy, LLC, Corporate Parent NextEra Energy Resources, LLC, Corporate Parent NextEra Energy, Inc., Corporate Parent DG 1, LLC, Corporate Parent NextEra Energy Capital Holdings, Inc. for NSF Coventry Site 2, LLC, NSF Coventry Site 3, LLC, NSF Enfield Site 1, LLC, NSF Enfield Site 2, LLC, NSF Enfield Site 3, LLC; Corporate Parent ESI Energy, LLC, Corporate Parent NextEra Energy Resources, LLC, Corporate Parent NextEra Energy, Inc., Corporate Parent DG 1, LLC, Corporate Parent NextEra Energy Capital Holdings, Inc. for DG 1 Acquisition Co., LLC, DG New York CS, LLC.. (Carpinello, George)
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Filing 12
NOTICE by DG 1 Acquisition Co., LLC, DG New York CS, LLC, NSF Coventry Site 2, LLC, NSF Coventry Site 3, LLC, NSF Enfield Site 1, LLC, NSF Enfield Site 2, LLC, NSF Enfield Site 3, LLC re 11 Order,,,,,,,,, Letter to the Court Regarding Plaintiffs' Certificates of Service and the Sworn Corporate Disclosure Statement (Attachments: #1 Affidavit of Service by Alex Berman, #2 George F. Carpinello Certificate of Service, #3 Jenna Smith Certificate of Service)(Carpinello, George)
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Filing 11
TEXT ORDER directing Plaintiffs to promptly do the following three things. First, Plaintiffs shall promptly serve their Verified Complaint on Defendants pursuant to Fed. R. Civ. P. 4, and file a Certificate of Service with the Court. See Murphy Bros., Inc. v. Michetti Pipe Stringing, Inc., 526 U.S. 344, 350 (1999) ("In the absence of service of process (or waiver of service by the defendant), a court ordinarily may not exercise power over a party the complaint names as a defendant.... Accordingly, one becomes a party officially... only upon service of a summons or other authority-asserting measure stating the time within which the party served must appear and defend.") (internal citation omitted). Second, Plaintiffs shall promptly file with the Court the corporate disclosure statement required by Fed. R. Civ. P. 7.1. (See, e.g., Dkt. No. #6 .) Third, Plaintiffs shall promptly file with the Court a sworn statement of the citizenship of each member of each LLC named as a Plaintiff. See 250 Lake Ave. Assocs., LLC v. Erie Ins. Co., 281 F. Supp. 3d 335, 341 (W.D.N.Y. 2017) ("Since Plaintiff is an LLC, the proper inquiry for determining the existence of complete diversity is whether Defendant is diverse from all of Plaintiff's members 'because an LLC has the citizenship of each of its members for diversity jurisdiction purposes.'") (quoting Alvarez & Marshal Glob. Forensic & Dispute Servs., LLC, 14-CV-0290, 2014 WL 641440, at *2 (S.D.N.Y. Feb. 19, 2014)); see also Arabesque v. Capacity LLC, 07-CV-2042, 2008 WL 681459, at *2 (S.D.N.Y. Mar. 10, 2008) ("Second Circuit precedent clearly holds that for LLCs, citizenship is determined based on the individual members of the LLC."); Linium, LLC v. Bernhoit, 17-CV-0200, 2017 WL 2599944, at *3 (N.D.N.Y. June 15, 2017) (Kahn, J.) ("Thus, if any of Linium [LLC]s members are citizens of California, there would not be complete diversity of citizenship and the Court would lack subject matter jurisdiction."). Plaintiffs are respectfully advised that Paragraphs 6 through 12 of their Verified Complaint do not provide all of the information that the Court seeks on the subject in fulfillment of its responsibility under Fed. R. Civ. P. 12(h)(3). SO ORDERED by U.S. District Judge Glenn T Suddaby on 8/21/2023. (sal )
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Filing 10
LETTER BRIEF Regarding Hearing for Plaintiff's Motion for Preliminary Injunction #4 by 2194 State HWY 206, LLC, Applegate Road, LLC, David Norbut, Norbut Solar Farm, LLC. (Ferrante, Eric)
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Filing 9
MEMORANDUM OF LAW re #4 Motion for Preliminary Injunction,,,,, DEFENDANTS' MEMORANDUM OF LAW IN OPPOSITION TO PLAINTIFFS' MOTION FOR A PRELIMINARY INJUNCTION filed by 2194 State HWY 206, LLC, Applegate Road, LLC, David Norbut, Norbut Solar Farm, LLC. (Attachments: #1 Declaration of David Norbut, #2 Exhibit(s) A, #3 Exhibit(s) B, #4 Exhibit(s) C)(Reynolds, William)
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Filing 8
NOTICE OF APPEARANCE by Eric M. Ferrante on behalf of 2194 State HWY 206, LLC, Applegate Road, LLC, David Norbut, Norbut Solar Farm, LLC (Ferrante, Eric)
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Filing 7
NOTICE OF APPEARANCE by William E. Reynolds on behalf of 2194 State HWY 206, LLC, Applegate Road, LLC, David Norbut, Norbut Solar Farm, LLC (Reynolds, William)
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Filing 6
FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by 2194 State HWY 206, LLC, Applegate Road, LLC, Norbut Solar Farm, LLC. (Reynolds, William)
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Filing 5
Summons Issued as to 2194 State HWY 206, LLC (Attachments: #1 Summons Issued as to Applegate Road, LLC, #2 Summons Issued as to David Norbut, #3 Summons Issued as to Norbut Solar Farm, LLC)(egr)
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Filing 4
Emergency MOTION for Preliminary Injunction filed by DG 1 Acquisition Co., LLC, DG New York CS, LLC, NSF Coventry Site 2, LLC, NSF Coventry Site 3, LLC, NSF Enfield Site 1, LLC, NSF Enfield Site 2, LLC, NSF Enfield Site 3, LLC. Motion returnable before Judge Suddaby by DG 1 Acquisition Co., LLC, DG New York CS, LLC, NSF Coventry Site 2, LLC, NSF Coventry Site 3, LLC, NSF Enfield Site 1, LLC, NSF Enfield Site 2, LLC, NSF Enfield Site 3, LLC. (Attachments: #1 Declaration of George F. Carpinello in Support of the Proposed Order to Show Cause, #2 Memorandum of Law In Support of Plaintiffs' Motion for a Preliminary Injunction, #3 Declaration of Jaime Scarff in Support of Plaintiffs' Motion for a Preliminary Injunction, #4 Exhibit(s) A to the Declaration of Jaime Scarff, #5 Exhibit(s) B to the Declaration of Jaime Scarff, #6 Exhibit(s) C to the Declaration of Jaime Scarff, #7 Exhibit(s) D to the Declaration of Jaime Scarff, #8 Exhibit(s) E to the Declaration of Jaime Scarff, #9 Exhibit(s) F to the Declaration of Jaime Scarff, #10 Exhibit(s) G to the Declaration of Jaime Scarff, #11 Exhibit(s) H to the Declaration of Jaime Scarff, #12 Exhibit(s) I to the Declaration of Jaime Scarff, #13 Exhibit(s) J to the Declaration of Jaime Scarff, #14 Exhibit(s) K to the Declaration of Jaime Scarff, #15 Exhibit(s) L to the Declaration of Jaime Scarff, #16 Exhibit(s) M to the Declaration of Jaime Scarff)(Carpinello, George)
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Filing 3
REQUEST FOR ISSUANCE OF SUMMONS(ES): NSF Coventry Site 2, LLC, DG 1 Acquisition Co., LLC, DG New York CS, LLC, NSF Coventry Site 3, LLC, NSF Enfield Site 1, LLC, NSF Enfield Site 2, LLC, NSF Enfield Site 3, LLC is requesting summons(es) be issued as to 2194 State HWY 206, LLC, Applegate Road, LLC, David Norbut, Norbut Solar Farm, LLC re: #1 Complaint,. (Attachments: #1 Proposed Summons, #2 Proposed Summons, #3 Proposed Summons)(Carpinello, George)
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Filing 2
G.O. 25 FILING ORDER ISSUED: Initial Conference set for 11/13/2023 at 10:00 AM in Albany before Magistrate Judge Daniel J. Stewart. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 11/6/2023. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (egr)
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TEXT NOTICE OF FILING DEFICIENCY NOTICE IS HEREBY GIVEN of the following Filing Deficiency: Proposed Summons(es) were not included with the Complaint. Counsel is directed to file proposed summons(es) on the docket using the REQUEST FOR ISSUANCE OF SUMMONS(ES) event within 3 days of this notice. Notice of Filing Deficiency Deadline 8/15/2023 (egr)
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TEXT ORDER denying #4 Plaintiffs' application for an Order to Show Cause, because it is unsupported by an affidavit clearly and specifically showing good and sufficient cause why the standard Notice of Motion procedure cannot be used with regard to Plaintiffs' underlying motion for a preliminary injunction, as required by Local Rule 7.1(e). (Dkt. No. #4 , Attach. 1; Dkt. No. #4 , Attach. 3.) Although approximately $3.5 million from a future grant will be "in jeopardy" if the Enfield solar project is not fully operational by November 12, 2023, and although approximately $2.6 million from a future grant will be "in jeopardy" if the Coventry solar project is not fully operational by February 1, 2025, the Court is not persuaded that a formal Order to Show Cause is justified by such an injury (which depends on both the inability of NYSEG to complete the necessary connections to the electrical power grid in under 90 days, and an unfavorable exercise of discretion of NYSERDA). (Dkt. No. #4 , Attach. 1, at 4, 6.) Moreover, although Plaintiffs are "expected" to lose "$12,000 per day in lost revenue for each day that the projects are delayed in being connected to the electrical power grid" (Dkt. No. #4 , Attach. 1, at 8), Plaintiffs have not persuaded the Court that such a loss cannot be borne by Defendants (see generally Dkt. No. #4 , Attach. 1; Dkt. No. #4 , Attach. 3). For example, although Plaintiffs have sworn that "Norbut does not have the ability to compensate Plaintiffs for this lost income if the delay continues for any extended period of time," they have made that sworn allegation only "[u]pon information and belief"; and, in any event, they have not specified what they mean by "extended period of time." (Dkt. No. #1 , at 4.) Moreover, Plaintiffs have adduced evidence that Defendants have been paid "almost $6 million" to date. (Dkt. No. #4 , Attach. 3, at 35.) Having said all of that, the Court finds that grounds do exist to order expedited briefing on Plaintiffs' underlying motion for a preliminary injunction for the reasons stated in Plaintiffs' application. As a result, Plaintiffs are directed to serve Defendants with a copy of their Complaint, their motion papers and this Text Order on or before MONDAY, AUGUST 14, 2023. Defendants' response papers are due on or before FRIDAY, AUGUST 18, 2023. Plaintiffs' reply papers are due on or before MONDAY, AUGUST 21, 2023. An in person hearing on Plaintiffs' motion for a preliminary injunction is scheduled for TUESDAY, AUGUST 22, 2023 at 1:30 PM in SYRACUSE, NY. The day before that hearing, each party must file a letter advising the Court of whether it intends to adduce evidence (e.g., through witness testimony and exhibits) at the hearing or only oral argument (in which case the parties would rely on the evidence adduced in their motion papers). SO ORDERED by U.S. District Judge Glenn T Suddaby on 8/11/2023. (sal )
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TEXT NOTICE re Plaintiffs' #4 Motion for Preliminary Injunction: Defendants' response papers are due on or before FRIDAY, AUGUST 18, 2023. Plaintiffs' reply papers are due on or before MONDAY, AUGUST 21, 2023. An in person hearing on Plaintiffs' motion for a preliminary injunction is scheduled for TUESDAY, AUGUST 22, 2023 at 1:30 PM in SYRACUSE, NY before U.S. District Judge Glenn T Suddaby. (sal )
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Filing 1
COMPLAINT against 2194 State HWY 206, LLC, Applegate Road, LLC, David Norbut, Norbut Solar Farm, LLC (Filing fee $402 receipt number ANYNDC-6407024) filed by NSF Coventry Site 2, LLC, DG 1 Acquisition Co., LLC, DG New York CS, LLC, NSF Coventry Site 3, LLC, NSF Enfield Site 1, LLC, NSF Enfield Site 2, LLC, NSF Enfield Site 3, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Civil Cover Sheet)(egr, )
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