Exelon Generation Co., LLC v. EDF Inc.
Plaintiff: ABC
Defendant: DEF
Petitioner: Exelon Generation Company, LLC
Respondent: EDF Inc.
Case Number: 1:2020cv05501
Filed: July 16, 2020
Court: US District Court for the Southern District of New York
Office: Foley Square Office
Presiding Judge: Richard M Berman
Nature of Suit: Other Statutes: Arbitration
Cause of Action: 28:1331
Jury Demanded By: None
Docket Report

This docket was last retrieved on August 11, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 11, 2020 Filing 35 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 7/29/2020 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar 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....(McGuirk, Kelly)
August 11, 2020 Filing 34 TRANSCRIPT of Proceedings re: conference held on 7/27/2020 before Judge Richard M. Berman. Court Reporter/Transcriber: Steven Greenblum, (212) 805-0300. 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 9/1/2020. Redacted Transcript Deadline set for 9/11/2020. Release of Transcript Restriction set for 11/9/2020..(McGuirk, Kelly)
July 27, 2020 Opinion or Order Filing 33 ORDER: For the reasons stated during today's proceeding, Petitioner's motion is denied. The Clerk of Court is respectfully directed to close this case. SO ORDERED. (Signed by Judge Ronnie Abrams on 7/27/2020) (rro)
July 27, 2020 Minute Entry for proceedings held before Judge Ronnie Abrams: Oral Argument held on 7/27/2020 re: #18 Petition (Other) filed by Exelon Generation Company, LLC. (Court Reporter Steven Greenblum) (arc)
July 27, 2020 Filing 32 ELECTRONIC SUMMONS ISSUED as to EDF Inc...(jgo)
July 27, 2020 ***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document No. #20 Proposed Order to Show Cause With Emergency Relief #26 Proposed Order to Show Cause With Emergency Relief was reviewed and approved as to form. (km)
July 24, 2020 Filing 31 NOTICE OF APPEARANCE by Charline Oh Yim on behalf of Exelon Generation Company, LLC..(Yim, Charline)
July 24, 2020 Filing 30 NOTICE OF APPEARANCE by Victoria Rose Orlowski on behalf of Exelon Generation Company, LLC..(Orlowski, Victoria)
July 24, 2020 Filing 29 NOTICE OF APPEARANCE by Randy M. Mastro on behalf of Exelon Generation Company, LLC..(Mastro, Randy)
July 24, 2020 Filing 28 DECLARATION of Victoria R. Orlowski in Support re: #26 Proposed Order to Show Cause With Emergency Relief,. Document filed by Exelon Generation Company, LLC. (Attachments: #1 Exhibit A - Emails).(Mastro, Randy)
July 24, 2020 Filing 27 MEMORANDUM OF LAW in Support re: #26 Proposed Order to Show Cause With Emergency Relief, - Application by Order to Show Cause for Temporary Restraining Order to File Case Under Seal. Document filed by Exelon Generation Company, LLC..(Mastro, Randy)
July 24, 2020 Filing 26 PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document filed by Exelon Generation Company, LLC. Related Document Number: [order to show cause for temporary restraining order to file case under seal]..(Mastro, Randy) Proposed Order to Show Cause to be reviewed by Clerk's Office staff.
July 24, 2020 Filing 25 REQUEST FOR ISSUANCE OF SUMMONS as to EDF Inc., re: #18 Petition (Other). Document filed by Exelon Generation Company, LLC..(Mastro, Randy)
July 24, 2020 Filing 24 DECLARATION of Victoria R. Orlowski in Support re: #22 Memorandum of Law in Support, #20 Proposed Order to Show Cause With Emergency Relief,. Document filed by Exelon Generation Company, LLC. (Attachments: #1 Exhibit 1 - Pre-Arbitral Referee Order of June 12, 2020 (redacted), #2 Exhibit 2 - ICC Pre-Arbitral Referee Rules, #3 Exhibit 3 - Claimant's Request For Arbitration dated July 8, 2020, #4 Exhibit 4 - ICC 2017 Arbitration Rules).(Mastro, Randy)
July 24, 2020 Filing 23 DECLARATION of Kyle B. Crowley in Support re: #22 Memorandum of Law in Support, #20 Proposed Order to Show Cause With Emergency Relief,. Document filed by Exelon Generation Company, LLC. (Attachments: #1 Exhibit 1- Put Agreement Dated April 1, 2014 (redacted), #2 Exhibit 2- First Amendment to Put Agreement dated January 29, 2018 (redacted), #3 Exhibit 3- Letter from EDF to Exelon dated November 20, 2018, #4 Exhibit 4- Anderson and Freebairn Article dated December 20, 2019, #5 Exhibit 5- January 23, 2020 Email (redacted), #6 Exhibit 6- January 28, 2020 Email (redacted), #7 Exhibit 7- January 30, 2020 Email, #8 Exhibit 8- February 7, 2020 Email (redacted), #9 Exhibit 9- February 14, 2020 Email (redacted), #10 Exhibit 10- February 20, 2020 Email (redacted), #11 Exhibit 11- February 26, 2020 Email, #12 Exhibit 12- February 28, 2020 Email, #13 Exhibit 13- March 2, 2020 Email, #14 Exhibit 14- March 5, 2020 Email, #15 Exhibit 15- March 6, 2020 Email, #16 Exhibit 16- March 12, 2020 Email, #17 Exhibit 17- March 17, 2020 Email, #18 Exhibit 18- March 23, 2020 Email, #19 Exhibit 19- April 9, 2020 Email, #20 Exhibit 20- May 8, 2020 Email, #21 Exhibit 21- May 12, 2020 Email, #22 Exhibit 22- June 19, 2020 Email, #23 Exhibit 23- June 26, 2020 Email, #24 Exhibit 24- June 30, 2020 Email, #25 Exhibit 25- July 3, 2020 Email, #26 Exhibit 26- July 6, 2020 Email (redacted), #27 Exhibit 27- July 10, 2020 Email (redacted)).(Mastro, Randy)
July 24, 2020 Filing 22 MEMORANDUM OF LAW in Support re: #12 Reply Memorandum of Law in Support, #20 Proposed Order to Show Cause With Emergency Relief, #13 Declaration in Support - Memorandum of Law in Support of its Application by Order to Show Cause for Temporary Restraining Order and Preliminary Injunction Pending Arbitral Tribunal's Review. Document filed by Exelon Generation Company, LLC..(Mastro, Randy)
July 24, 2020 Filing 21 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Exelon Corporation for Exelon Generation Company, LLC. Document filed by Exelon Generation Company, LLC..(Mastro, Randy)
July 24, 2020 Filing 20 PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document filed by Exelon Generation Company, LLC. Related Document Number: #18 ..(Mastro, Randy) Proposed Order to Show Cause to be reviewed by Clerk's Office staff.
July 24, 2020 Filing 19 CIVIL COVER SHEET filed..(Mastro, Randy)
July 24, 2020 Filing 18 PETITION FOR PRELIMINARY INJUNCTIVE RELIEF IN AID OF ARBITRATION..Document filed by Exelon Generation Company, LLC..(Mastro, Randy)
July 24, 2020 Filing 17 ***SELECTED PARTIES***DECLARATION of Michael Hill in Support re: #15 LETTER MOTION to Seal addressed to Judge Ronnie Abrams from Geoffrey Chepiga dated July 22, 2020.. Document filed by DEF, ABC. (Attachments: #1 Exhibit -Crowley Decl. Ex.1 and Jarmas Decl. Ex.A, #2 Exhibit -Crowley Decl. Ex.1 and Jarmas Decl. Ex.A, #3 Exhibit -Crowley Decl. Ex.1 and Jarmas Decl. Ex.A, #4 Exhibit -Crowley Decl. Ex.1 and Jarmas Decl. Ex.A, #5 Exhibit -Crowley Decl. Ex.1 and Jarmas Decl. Ex.A, #6 Exhibit -Crowley Decl. Ex.1 and Jarmas Decl. Ex.A, #7 Exhibit -Crowley Decl. Ex.1 and Jarmas Decl. Ex.A, #8 Exhibit -Crowley Decl. Ex.26, #9 Exhibit -Crowley Decl. Ex.27, #10 Exhibit Orlowski Decl. Ex.1 and Chepiga Decl. Ex.B)Motion or Order to File Under Seal: #15 .(Flumenbaum, Martin)
July 24, 2020 Filing 16 DECLARATION of Michael Hill in Support re: #15 LETTER MOTION to Seal addressed to Judge Ronnie Abrams from Geoffrey Chepiga dated July 22, 2020.. Document filed by DEF. (Attachments: #1 Exhibit -Crowley Decl. Ex.1 and James Decl. Ex.A (Redacted), #2 Exhibit -Crowley Decl. Ex.2 and James Decl. Ex.B (Redacted), #3 Exhibit -Crowley Decl. Ex.5 and James Decl. Ex.D (Redacted), #4 Exhibit -Crowley Decl. Ex.6 and James Decl. Ex.E (Redacted), #5 Exhibit -Crowley Decl. Ex.8 and James Decl. Ex.G (Redacted), #6 Exhibit -Crowley Decl. Ex.9 and James Decl. H (Redacted), #7 Exhibit -Crowley Decl. Ex.10 and James Decl. Ex.I (Redacted), #8 Exhibit -Crowley Decl. Ex.026 (Redacted), #9 Exhibit -Crowley Decl. Ex.027 (Redacted), #10 Exhibit -Orlowski Decl. Ex.1 and Chepiga Decl. Ex.B (Redacted)).(Flumenbaum, Martin)
July 24, 2020 Filing 15 LETTER MOTION to Seal addressed to Judge Ronnie Abrams from Geoffrey Chepiga dated July 22, 2020. Document filed by DEF..(Chepiga, Geoffrey)
July 24, 2020 Filing 14 DECLARATION of Ed Jarmas in Support re: #9 Memorandum of Law in Opposition. Document filed by DEF. (Attachments: #1 Exhibit A-Put Agreement, #2 Exhibit B-First Amendment, #3 Exhibit C-Letter, #4 Exhibit D-Email, #5 Exhibit E-Email, #6 Exhibit F-Email, #7 Exhibit G-Email, #8 Exhibit H-Email, #9 Exhibit I-Email, #10 Exhibit J-Email, #11 Exhibit K-Email, #12 Exhibit L-Email, #13 Exhibit M-Email, #14 Exhibit N-Email, #15 Exhibit O-Email, #16 Exhibit P-Email, #17 Exhibit Q-Email, #18 Exhibit R-Email).(Flumenbaum, Martin)
July 24, 2020 Filing 13 DECLARATION of Kyle B. Crowley in Support re: #12 Reply Memorandum of Law in Support. Document filed by ABC..(Mastro, Randy)
July 24, 2020 Filing 12 REPLY MEMORANDUM OF LAW in Support of its application by order to show cause for temporary restraining order and preliminary injunction pending arbitral tribunal's review. Document filed by ABC..(Mastro, Randy)
July 24, 2020 Filing 11 LETTER addressed to Judge Ronnie Abrams from Randy M. Mastro dated July 23, 2020 re: Comments on EDF's Request for Redactions. Document filed by ABC..(Mastro, Randy)
July 24, 2020 Filing 10 DECLARATION of Geoffrey Chepiga in Support re: #9 Memorandum of Law in Opposition. Document filed by DEF. (Attachments: #1 Exhibit A-ICC Pre-Arbitral Referee Rules, #2 Exhibit B-ICC Referee's Order, #3 Exhibit C-Exelon's Request for Arbitration, #4 Exhibit D-ICC Arbitration Rules).(Flumenbaum, Martin)
July 24, 2020 Filing 9 MEMORANDUM OF LAW in Opposition to Petitioner's Application by Order to Show Cause for a Temporary Restraining Order and Preliminary Injunction. Document filed by DEF..(Flumenbaum, Martin)
July 24, 2020 Filing 8 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Electricite de France, S.A. for DEF. Document filed by DEF..(Flumenbaum, Martin)
July 24, 2020 Filing 7 NOTICE OF APPEARANCE by Steven Craig Herzog on behalf of DEF..(Herzog, Steven)
July 24, 2020 Filing 6 NOTICE OF APPEARANCE by Geoffrey Rogers Chepiga on behalf of DEF..(Chepiga, Geoffrey)
July 24, 2020 Filing 5 NOTICE OF APPEARANCE by Martin Flumenbaum on behalf of DEF..(Flumenbaum, Martin)
July 23, 2020 Opinion or Order Filing 3 ENDORSED LETTER addressed to Judge Ronnie Abrams from Geoffrey Chepiga dated 07/22/2020 re: unsealing of case. ENDORSEMENT: Respondent's request to redact portions of the above-mentioned exhibits is GRANTED. Judicial documents are entitled to a presumption of public access under both the First Amendment and common law. See Bernstein v. Bernstein Litowitz Berger & Grossman LLP, 814 F.3d 132, 141 (2d Cir. 2016). Any redaction or sealing request of judicial documents must be narrowly tailored to serve the cited purpose, as well as otherwise consistent with the presumption of judicial access. See Lugosch v. Pyramid Co. of Onondago, 435 F.3d 110, 119-20 (2d Cir. 2006). Here, Respondent has properly narrowed its redaction request to portions of ten exhibits. Respondent contends that these redactions "are necessary to protect confidential, sensitive business information that has not been publicly disclosed before and the disclosure of which could cause competitive disadvantage." "Consistent with the balancing test set forth in Lugosch, courts routinely permit parties to seal or redact business materials that, if disclosed, may result in competitive harm." Haley v. Teachers Ins. & Annuity Assoc. of Am., No. 17-CV-855 (JPO), 2020 WL 3618573, at *1 (S.D.N.Y. July 2, 2020). Courts in this circuit have, therefore, concluded that a party's "interests in protecting its sensitive business information related to its ongoing businesses [can] outweigh the public's presumed right of access[.]" Valassis Commc'n v. News Corp., No. 17-CV-7378 (PKC), 2020 WL 2190708, at *4 S.D.N.Y. May 5, 2020); see also Refco Grp. Ltd. v. Cantor Fitzgerald, L.P., No. 13-CV-1654(RA), 2015 WL 4298572, at *5 (S.D.N.Y. July 15, 2015) (granting a redaction request after "[d]efendants have demonstrated that [the] [r]edactions contain confidential information concerning an agreement with a non-party entity"). In light of its letter and declaration from Michael Hill, Respondent has demonstrated that its narrowly tailored redactions to these ten exhibits further its substantial interests in protecting its sensitive business information, while still permitting public access to all other information relevant to this dispute. To the extent that the Court must rely on any of the redacted material to reach a ruling on the instant motion, it may amend this Order. The Clerk of Court is respectfully directed to promptly unseal this case. No later than 3:00pm tomorrow, Friday, July 24, the parties shall file all of their previous submissions on the docket. At that time, the parties shall also file the ten exhibits with redactions approved by the Court in accordance with the Court's individual rules. SO ORDERED. (Signed by Judge Ronnie Abrams on 07/23/2020) (dn)
July 21, 2020 Opinion or Order Filing 4 ORDER: The Court will hold oral argument on Petitioner's pending motion on July 27, 2020 at 10:00 a.m. In light of the ongoing public health crisis, the conference will take place by telephone. The dial-in information is provided below: Call-in Number: (888) 363-4749 Access Code: 1015508. SO ORDERED. Telephone Conference set for 7/27/2020 at 10:00 AM before Judge Ronnie Abrams. (Signed by Judge Ronnie Abrams on 7/21/2020) (kv)
July 17, 2020 Magistrate Judge Gabriel W. Gorenstein 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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (mhe)
July 17, 2020 Opinion or Order Filing 1 ***Sealed*** ORDER, Case sealed. (Signed by Judge Katherine Polk Failla on 07/17/2020) (mhe)
July 16, 2020 Filing 2 SEALED DOCUMENT placed in vault.(mhe)

Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System

Search for this case: Exelon Generation Co., LLC v. EDF Inc.
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: ABC
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Petitioner: Exelon Generation Company, LLC
Represented By: Charline Oh Yim
Represented By: Victoria Rose Orlowski
Represented By: Randy M. Mastro
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Respondent: EDF Inc.
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: DEF
Represented By: Geoffrey Rogers Chepiga
Represented By: Steven Craig Herzog
Represented By: Martin Flumenbaum
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?