Gemma Power Systems, LLC v. Exelon West Medway II, LLC et al
Plaintiff: Gemma Power Systems, LLC
Defendant: Exelon Generation Company, LLC and Exelon West Medway II, LLC
Case Number: 1:2019cv00705
Filed: January 24, 2019
Court: US District Court for the Southern District of New York
Presiding Judge: Colleen McMahon
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: None
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Docket Report

This docket was last retrieved on April 29, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 13, 2019 Opinion or Order Filing 36 ORDER FOR ADMISSION PRO HAC VICE granting #31 Motion for Kristopher J. Berr to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. (Signed by Judge Colleen McMahon on 3/13/2019) (mml)
March 12, 2019 Filing 35 MEMO ENDORSEMENT on re: #33 JOINT LETTER MOTION for Extension of Time to File Response/Reply addressed to Judge Colleen McMahon from Richard W. Foltz, Jr. dated March 12, 2019. JOINT LETTER MOTION for Extension of Time to Amend addressed to Judge Colleen McMahon from Richard W. Foltz, Jr. dated March 12, 2019 filed by Exelon Generation Company, LLC, Exelon West Medway II, LLC. ENDORSEMENT: Granted. (Signed by Judge Colleen McMahon on 3/12/2019) (mml)
March 12, 2019 Opinion or Order Filing 34 STIPULATION: NOW THEREFORE, pursuant to Fed. R. Civ. P. 15(a)(2), it is hereby stipulated and agreed by and among all parties, through their undersigned counsel, as follows: 1. Defendants' time for response to the First Amended Complaint [ECF # 29] is hereby extended to April 1, 2019; and 2. Plaintiff may amend its First Amended Complaint [ECF # 29] on or before March 29, 2019. APPROVED AND SO ORDERED. Exelon Generation Company, LLC answer due 4/1/2019; Exelon West Medway II, LLC answer due 4/1/2019. (Amended Pleadings due by 3/29/2019.) Motions terminated: #33 JOINT LETTER MOTION for Extension of Time to File Response/Reply addressed to Judge Colleen McMahon from Richard W. Foltz, Jr. dated March 12, 2019. JOINT LETTER MOTION for Extension of Time to Amend addressed to Judge Colleen McMahon from Richard W. Foltz, Jr. dated March 12, 2019 filed by Exelon Generation Company, LLC, Exelon West Medway II, LLC. (Signed by Judge Colleen McMahon on 3/12/2019) (mml)
March 12, 2019 Filing 33 JOINT LETTER MOTION for Extension of Time to File Response/Reply addressed to Judge Colleen McMahon from Richard W. Foltz, Jr. dated March 12, 2019., JOINT LETTER MOTION for Extension of Time to Amend addressed to Judge Colleen McMahon from Richard W. Foltz, Jr. dated March 12, 2019. Document filed by Exelon Generation Company, LLC, Exelon West Medway II, LLC. (Attachments: #1 Exhibit Proposed and Signed Stipulation)(Cahill, Sophia)
March 12, 2019 Filing 32 NOTICE OF APPEARANCE by Sophia Louise Cahill on behalf of Exelon Generation Company, LLC, Exelon West Medway II, LLC. (Cahill, Sophia)
March 6, 2019 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #31 MOTION for Kristopher J. Berr to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16446041. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
March 5, 2019 Filing 31 MOTION for Kristopher J. Berr to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16446041. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Exelon Generation Company, LLC, Exelon West Medway II, LLC.(Berr, Kristopher)
February 28, 2019 Opinion or Order Filing 30 ORDER SCHEDULING AN INITIAL PRETRIAL CONFERENCE: Initial Conference set for 6/21/2019 at 11:15 AM in Courtroom 24A, 500 Pearl Street, New York, NY 10007 before Judge Colleen McMahon. (As further set forth in this order) (Signed by Judge Colleen McMahon on 2/28/2019) (ne)
February 28, 2019 Magistrate Judge Debra C. Freeman is so redesignated. (wb)
February 28, 2019 NOTICE OF CASE REASSIGNMENT to Judge Colleen McMahon. Judge Kenneth M. Karas is no longer assigned to the case. (wb)
February 27, 2019 Filing 29 AMENDED COMPLAINT amending #9 Complaint against Exelon Generation Company, LLC, Exelon West Medway II, LLC.Document filed by Gemma Power Systems, LLC. Related document: #9 Complaint. (Attachments: #1 Exhibit A, #2 Exhibit B)(DiMarco, Erik)
February 27, 2019 Filing 28 SUPPLEMENTAL RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Argan, Inc. for Gemma Power Systems, LLC. Document filed by Gemma Power Systems, LLC.(DiMarco, Erik)
February 27, 2019 Filing 27 NOTICE of Verified Statement Pursunat to Local Civil Rule 26.1 re: #23 Letter,. Document filed by Gemma Power Systems, LLC. (DiMarco, Erik)
February 27, 2019 Opinion or Order Filing 26 ORDER granting #22 Motion for Allen W. Estes, III to Appear Pro Hac Vice. IT IS HERBY ORDERED that ALLEN W. ESTES, III, is admitted to practice Pro Hac Vice in the above captioned case in the United States District Court, Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of the Court, including the Rules governing discipline of attorneys. So Ordered. (Signed by Judge Kenneth M. Karas on 2/27/2019) (js)
February 26, 2019 Filing 25 LETTER addressed to Judge Kenneth M. Karas from Allen W. Estes, III dated 2/26/2019 re: Gemma Power Systems, LLC v. Exelon West Medway II, LLC and Exelon Generation Company, LLC Case No. 7:19-cv-00705. Document filed by Gemma Power Systems, LLC.(Estes, Allen)
February 26, 2019 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #22 MOTION for Allen W. Estes, III to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16383917. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (jc)
February 22, 2019 Filing 24 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Exelon Corporation, for Exelon Generation Company, LLC, Exelon West Medway II, LLC. Document filed by Exelon Generation Company, LLC, Exelon West Medway II, LLC.(Foltz, Richard)
February 22, 2019 Filing 23 LETTER addressed to Judge Kenneth M. Karas from Richard W. Foltz, Jr. dated 2/22/2019 re: Gemma Power Systems, LLC v. Exelon West Medway II, LLC and Exelon Generation Company, LLC Case No. 7:19-cv-00705 (KMK). Document filed by Exelon Generation Company, LLC, Exelon West Medway II, LLC.(Foltz, Richard)
February 21, 2019 Filing 22 MOTION for Allen W. Estes, III to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16383917. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Gemma Power Systems, LLC. (Attachments: #1 Text of Proposed Order, #2 Affidavit, #3 Certificates of Good Standing)(Estes, Allen)
February 21, 2019 Filing 21 AFFIDAVIT OF SERVICE of Summons and Complaint. Exelon West Medway II, LLC served on 2/8/2019, answer due 3/1/2019. Service was accepted by Joelle Agena. Document filed by Gemma Power Systems, LLC. (DiMarco, Erik)
February 21, 2019 Filing 20 AFFIDAVIT OF SERVICE of Summons and Complaint. Exelon Generation Company, LLC served on 2/14/2019, answer due 3/7/2019. Service was accepted by Joann Doe. Document filed by Gemma Power Systems, LLC. (DiMarco, Erik)
February 20, 2019 Opinion or Order Filing 19 ORDER FOR ADMISSION PRO HAC VICE granting #18 Motion for Richard W. Foltz. Jr to Appear Pro Hac Vice. (As further set forth in this Order.) (Signed by Judge Kenneth M. Karas on 2/20/2019) (cf)
February 19, 2019 Filing 18 MOTION for Richard W. Foltz,Jr. to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16369229. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Exelon Generation Company, LLC, Exelon West Medway II, LLC. (Attachments: #1 Text of Proposed Order, #2 Affidavit Pursuant To Rule 1.3, #3 Certificate Of Good Standing)(Foltz, Richard)
February 19, 2019 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #18 MOTION for Richard W. Foltz,Jr. to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16369229. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
February 7, 2019 Filing 17 ELECTRONIC AMENDED SUMMONS ISSUED as to Exelon West Medway II, LLC. (pne)
February 7, 2019 Filing 16 ELECTRONIC AMENDED SUMMONS ISSUED as to Exelon Generation Company, LLC. (pne)
February 6, 2019 Filing 15 REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to Exelon West Medway II, LLC, re: #9 Complaint, #1 Complaint. Document filed by Gemma Power Systems, LLC. (DiMarco, Erik)
February 6, 2019 Filing 14 REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to Exelon Generation Company, LLC, re: #9 Complaint, #1 Complaint. Document filed by Gemma Power Systems, LLC. (DiMarco, Erik)
February 6, 2019 ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Erik Christopher DiMarco to RE-FILE Document No. #12 Request for Issuance of Amended Summons, #13 Request for Issuance of Amended Summons. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct ; PDF must state "AMENDED" summons. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (sj)
February 5, 2019 Filing 13 FILING ERROR - DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS PDF ERROR REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to EXELON WEST MEDWAY II, LLC, re: #9 Complaint, #1 Complaint. Document filed by Gemma Power Systems, LLC. (DiMarco, Erik) Modified on 2/6/2019 (sj).
February 5, 2019 Filing 12 FILING ERROR - DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS PDF ERROR REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to EXELON GENERATION COMPANY, LLC, re: #9 Complaint, #1 Complaint. Document filed by Gemma Power Systems, LLC. (DiMarco, Erik) Modified on 2/6/2019 (sj).
February 1, 2019 Filing 11 ELECTRONIC SUMMONS ISSUED as to Exelon West Medway II, LLC. (dnh)
January 31, 2019 Filing 10 REQUEST FOR ISSUANCE OF SUMMONS as to Exelon West Medway II, LLC, re: #9 Complaint, #1 Complaint. Document filed by Gemma Power Systems, LLC. (DiMarco, Erik)
January 31, 2019 Filing 9 COMPLAINT against Exelon Generation Company, LLC, Exelon West Medway II, LLC. Document filed by Gemma Power Systems, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(DiMarco, Erik)
January 28, 2019 Opinion or Order Filing 8 ORDER granting #7 Motion to Seal Document: Granted. (Signed by Judge Kenneth M. Karas on 1/28/2019) (jwh) Transmission to Sealed Records Clerk for processing.
January 25, 2019 Filing 7 LETTER MOTION to Seal Document Exhibit A and Exhibit B in filed Complaint addressed to Judge Kenneth M. Karas from Erik C. DiMarco dated January 25, 2019. Document filed by Gemma Power Systems, LLC.(DiMarco, Erik)
January 25, 2019 Filing 6 ELECTRONIC SUMMONS ISSUED as to Exelon Generation Company, LLC. (pc)
January 25, 2019 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Kenneth M. Karas. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (pc)
January 25, 2019 Magistrate Judge Lisa M. Smith is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (pc)
January 25, 2019 Case Designated ECF. (pc)
January 25, 2019 ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Erik Christopher DiMarco to RE-FILE Document No. #5 Request for Issuance of Summons,. The filing is deficient for the following reason(s): Party name on the summons does not match what is listed on the complaint caption title;. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (pc)
January 24, 2019 Filing 5 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Exelon West Medway Company, LLC, re: #1 Complaint. Document filed by Gemma Power Systems, LLC. (DiMarco, Erik) Modified on 1/25/2019 (pc).
January 24, 2019 Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Exelon Generation Company, LLC, re: #1 Complaint. Document filed by Gemma Power Systems, LLC. (DiMarco, Erik)
January 24, 2019 Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Gemma Power Systems, LLC.(DiMarco, Erik)
January 24, 2019 Filing 2 CIVIL COVER SHEET filed. (DiMarco, Erik)
January 24, 2019 Filing 1 FILING ERROR - DUPLICATE DOCKET ENTRY - See Docket Entry #9 -COMPLAINT against Exelon Generation Company, LLC, Exelon West Medway II, LLC. (Filing Fee $ 400.00, Receipt Number ANYSDC-16238371)Document filed by Gemma Power Systems, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(DiMarco, Erik) Modified on 2/7/2019 (dnh).

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Defendant: Exelon Generation Company, LLC
Represented By: Kristopher Berr
Represented By: Sophia Louise Cahill
Represented By: Richard Foltz
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Defendant: Exelon West Medway II, LLC
Represented By: Kristopher Berr
Represented By: Sophia Louise Cahill
Represented By: Richard Foltz
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Plaintiff: Gemma Power Systems, LLC
Represented By: Erik Christopher DiMarco
Represented By: Allen W. Estes, III
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