Luminant Energy Company LLC v. Koch Energy Services, LLC
Plaintiff: Luminant Energy Company LLC
Defendant: Koch Energy Services, LLC
Case Number: 1:2021cv03335
Filed: April 16, 2021
Court: US District Court for the Southern District of New York
Presiding Judge: Denise L Cote
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1446 bc
Jury Demanded By: None
Docket Report

This docket was last retrieved on August 23, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 1, 2021 Opinion or Order Filing 26 REPLY MEMORANDUM OF LAW in Support re: #9 MOTION to Dismiss (PARTIAL MOTION TO DISMISS). . Document filed by Koch Energy Services, LLC..(Carlinsky, Michael)
May 18, 2021 Opinion or Order Filing 25 LETTER addressed to Judge Denise L. Cote from Barry Barnett dated May 18, 2021 re: Request for Oral Argument on Defendant Koch Energy Services, LLC's Partial Motion to Dismiss [dkt 9]. Document filed by Luminant Energy Company LLC..(Barnett, Barry)
May 18, 2021 Opinion or Order Filing 24 DECLARATION of Victor Guggenheim in Opposition re: #9 MOTION to Dismiss (PARTIAL MOTION TO DISMISS).. Document filed by Luminant Energy Company LLC. (Attachments: #1 Exhibit A).(Barnett, Barry)
May 18, 2021 Opinion or Order Filing 23 MEMORANDUM OF LAW in Opposition re: #9 MOTION to Dismiss (PARTIAL MOTION TO DISMISS). . Document filed by Luminant Energy Company LLC..(Barnett, Barry)
May 17, 2021 Opinion or Order Filing 22 NOTICE OF APPEARANCE by Abigail C. Noebels on behalf of Luminant Energy Company LLC..(Noebels, Abigail)
May 17, 2021 Opinion or Order Filing 21 ORDER granting #19 Motion for Abigail C. Noebels to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Denise L. Cote)(Text Only Order) (jwh)
May 14, 2021 Opinion or Order Filing 20 ANSWER to #8 Counterclaim. Document filed by Luminant Energy Company LLC..(Barnett, Barry)
May 14, 2021 Opinion or Order Filing 19 MOTION for Abigail C. Noebels to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Luminant Energy Company LLC. (Attachments: #1 Affidavit of Abigail C. Noebels, #2 Text of Proposed Order).(Noebels, Abigail)
May 14, 2021 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #19 MOTION for Abigail C. Noebels to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
May 10, 2021 Opinion or Order Filing 18 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Abigail C. Noebels to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24517197. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Luminant Energy Company LLC. (Attachments: #1 Affidavit Declaration of Abigail C. Noebels, #2 Text of Proposed Order).(Noebels, Abigail) Modified on 5/10/2021 (wb).
May 10, 2021 Opinion or Order >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #18 MOTION for Abigail C. Noebels to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24517197. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of Illinois;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (wb)
May 7, 2021 Opinion or Order Filing 17 LETTER addressed to Judge Denise L. Cote from Isaac Nesser dated May 7, 2021 re: Diversity Jurisdiction. Document filed by Koch Energy Services, LLC..(Nesser, Isaac)
April 30, 2021 Opinion or Order Filing 16 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Vistra Corporation, Corporate Parent Vistra Operations Company, LLC, Corporate Parent Vistra Intermediate Company LLC for Luminant Energy Company LLC. Document filed by Luminant Energy Company LLC..(Barnett, Barry)
April 30, 2021 Opinion or Order ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Barry Barnett to RE-FILE Document #13 Rule 7.1 Corporate Disclosure Statement. ERROR(S): Corporate Parents/Other affiliates were not added. Please re-file this document and when prompted: Are there any corporate parents or other affiliates?, select the YES radio button and enter the Corporate Parent(s) or Affiliate(s). (ldi)
April 27, 2021 Opinion or Order Filing 15 ORDER: On April 23, 2021, the defendant filed a partial motion to dismiss the complaint. It is hereby ORDERED that the plaintiff's opposition is due May 18, 2021. IT IS FURTHER ORDERED that the defendant's reply is due June 1, 2021., ( Responses due by 5/18/2021, Replies due by 6/1/2021.) (Signed by Judge Denise L. Cote on 4/27/2021) (ama)
April 26, 2021 Opinion or Order Filing 14 NOTICE OF APPEARANCE by Elizabeth Ann Aronson on behalf of Luminant Energy Company LLC..(Aronson, Elizabeth)
April 26, 2021 Opinion or Order Filing 13 FILING ERROR - CORPORATE PARENT/OTHER AFFILIATE NOT ADDED - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Luminant Energy Company LLC..(Barnett, Barry) Modified on 4/30/2021 (ldi).
April 26, 2021 Opinion or Order Filing 12 NOTICE OF APPEARANCE by Barry Barnett on behalf of Luminant Energy Company LLC..(Barnett, Barry)
April 23, 2021 Opinion or Order Filing 11 DECLARATION of Isaac Nesser in Support re: #9 MOTION to Dismiss (PARTIAL MOTION TO DISMISS).. Document filed by Koch Energy Services, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H).(Carlinsky, Michael)
April 23, 2021 Opinion or Order Filing 10 MEMORANDUM OF LAW in Support re: #9 MOTION to Dismiss (PARTIAL MOTION TO DISMISS). . Document filed by Koch Energy Services, LLC..(Carlinsky, Michael)
April 23, 2021 Opinion or Order Filing 9 MOTION to Dismiss (PARTIAL MOTION TO DISMISS). Document filed by Koch Energy Services, LLC..(Carlinsky, Michael)
April 23, 2021 Opinion or Order Filing 8 ANSWER to Complaint., COUNTERCLAIM against Luminant Energy Company LLC. Document filed by Koch Energy Services, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D).(Carlinsky, Michael)
April 23, 2021 Opinion or Order Filing 7 NOTICE OF APPEARANCE by Nathan Goralnik on behalf of Koch Energy Services, LLC..(Goralnik, Nathan)
April 23, 2021 Opinion or Order Filing 6 NOTICE OF APPEARANCE by Isaac Nesser on behalf of Koch Energy Services, LLC..(Nesser, Isaac)
April 20, 2021 Opinion or Order Filing 5 AMENDED RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Koch Industries, Inc., Other Affiliate Koch Energy Holdings, LLC, Other Affiliate KAES Domestic Holdings, LLC,, Other Affiliate KAES Equity Holdings, LLC,, Other Affiliate KAES Investor, LLC, Other Affiliate Koch Ag & Energy Solutions, LLC, Other Affiliate Koch Resources LLC for Koch Energy Services, LLC. Document filed by Koch Energy Services, LLC..(Carlinsky, Michael)
April 20, 2021 Opinion or Order ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Michael Barry Carlinsky to RE-FILE Document #3 Rule 7.1 Corporate Disclosure Statement. ERROR(S): Not All Corporate Parents/Other affiliates were added. Please re-file this document and when prompted: Are there any corporate parents or other affiliates?, select the YES radio button and enter the Corporate Parent(s) or Affiliate(s). (ldi)
April 19, 2021 Opinion or Order Filing 4 NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 6/25/2021 at 04:00 PM before Judge Denise L. Cote. The parties shall use the following dial-in credentials for the conference. Dial-in: 888-363-4749; Access code: 4324948. The parties shall use a landline if one is available. (Signed by Judge Denise L. Cote on 4/19/2021) (mro)
April 19, 2021 Opinion or Order ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Michael Barry Carlinsky. The following case opening statistical information was erroneously selected/entered: County code New York. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State. (sj)
April 19, 2021 Opinion or Order CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Denise L. Cote. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. 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 #https://nysd.uscourts.gov/rules/ecf-related-instructions..(sj)
April 19, 2021 Opinion or Order Magistrate Judge Katharine H. Parker 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. (sj)
April 19, 2021 Opinion or Order Case Designated ECF. (sj)
April 16, 2021 Opinion or Order Filing 3 FILING ERROR - NOT ALL CORPORATE PARENTS/OTHER AFFILIATES WERE ADDED - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Koch Industries, Inc. for Koch Energy Services, LLC. Document filed by Koch Energy Services, LLC..(Carlinsky, Michael) Modified on 4/20/2021 (ldi).
April 16, 2021 Opinion or Order Filing 2 CIVIL COVER SHEET filed..(Carlinsky, Michael)
April 16, 2021 Opinion or Order Filing 1 NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 652003/2021. (Filing Fee $ 402.00, Receipt Number ANYSDC-24407720).Document filed by Koch Energy Services, LLC. (Attachments: #1 Exhibit Summons, #2 Exhibit Complaint, #3 Exhibit Affidavit of Service).(Carlinsky, Michael)

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Plaintiff: Luminant Energy Company LLC
Represented By: Abigail C. Noebels
Represented By: Elizabeth Ann Aronson
Represented By: Barry Barnett
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Defendant: Koch Energy Services, LLC
Represented By: Michael Barry Carlinsky
Represented By: Nathan Goralnik
Represented By: Isaac Nesser
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