Direct Energy Business Marketing, LLC v. Ector County Energy Center LLC et al
| Direct Energy Business Marketing, LLC |
| Ector County Energy Center LLC, Invenergy LLC and Invenergy Thermal Operating I LLC |
| 1:2022cv03366 |
| April 25, 2022 |
| US District Court for the Southern District of New York |
| John P Cronan |
| Other Statutory Actions |
| 28 U.S.C. § 1446 nr Notice of Removal |
| None |
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| Received e-mail from the United States District Court - District of Delaware acknowledging receipt of transferred case. Assigned Case Number: 1:22-cv-00749, filed on 06/07/2022. (vba) |
| CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of District of Delaware. (jca) |
Filing 22
ORDER: In light of Plaintiff's consent to transfer venue pursuant to 28 U.S.C. 1404(a) and 1412, see Dkt. 21, it is hereby ORDERED that this action shall be transferred to the United States District Court for the District of Delaware. In granting Defendants' transfer request, the Court neither addresses nor makes any findings as to any of Defendants grounds for transfer as set forth in Defendants pre-motion letter, dated May 13, 2022. See Dkt. 18. The Clerk of Court is respectfully directed to transfer this case to the United States District Court for the District of Delaware. The Clerk of Court is further directed to close the letter motion pending at Docket Number 18, and to close this case. SO ORDERED. Motions terminated: #18 LETTER MOTION for Leave to File a motion for transfer and referral to the U.S. Bankruptcy Court, [filed pursuant to Court direction at ECF #16] addressed to Judge John P. Cronan from Ellen M. Halstead, Esq. dated 5/13/2022. filed by Invenergy LLC, Invenergy Thermal Operating I LLC, Ector County Energy Center LLC. (Signed by Judge John P. Cronan on 5/31/2022) (jca) Transmission to Office of the Clerk of Court for processing.
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| Filing 21 JOINT LETTER addressed to Judge John P. Cronan from Ellen M. Halstead, Esq. (for defendants) and Christopher D. Kercher, Esq. (for plaintiff) dated 5/26/2022 re: the parties agreement that briefing as to Defendants' anticipated motion to transfer will not be necessary. Document filed by Ector County Energy Center LLC, Invenergy LLC, Invenergy Thermal Operating I LLC..(Halstead, Ellen) |
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Filing 20
ORDER with respect to #18 LETTER MOTION for Leave to File a motion for transfer and referral to the U.S. Bankruptcy Court, [filed pursuant to Court direction at ECF #16]. On May 9, 2022, the Court directed Defendants to file a pre-motion letter regarding their anticipated motion for transfer and referral of Plaintiff's claims to the bankruptcy court by May 13, 2022. Dkt. 16 at 3. In that Order, the Court also directed Plaintiff to file any response to Defendants' pre-motion letter by May 18, 2022. Id. The deadline for Plaintiff to respond to Defendants' pre-motion letter, Dkt. 18, has passed and the docket does not reflect any response letter filed by Plaintiff. Accordingly, it is hereby ORDERED that the parties shall meet and confer and submit a joint letter by May 26, 2022 advising the Court as to whether Plaintiff intends to oppose Defendants' anticipated motion for transfer and, if not, whether briefing on Defendants' motion is warranted. If Plaintiff does intend to oppose Defendants' motion, the letter shall include Plaintiff's basis for opposing the motion. SO ORDERED. (Signed by Judge John P. Cronan on 5/19/2022) (jca)
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| Filing 19 NOTICE of Filing in Response to the Defendants' May 12, 2022 Filing re: #17 Notice (Other),,,,,,,,,. Document filed by Direct Energy Business Marketing, LLC. (Attachments: #1 Exhibit A-1, #2 Exhibit A-2, #3 Exhibit A-3, #4 Exhibit A-4, #5 Exhibit A-5, #6 Exhibit A-6, #7 Exhibit A-7, #8 Exhibit A-8, #9 Exhibit A-9).(Kercher, Christopher) |
| Filing 18 LETTER MOTION for Leave to File a motion for transfer and referral to the U.S. Bankruptcy Court, [filed pursuant to Court direction at ECF #16] addressed to Judge John P. Cronan from Ellen M. Halstead, Esq. dated 5/13/2022. Document filed by Ector County Energy Center LLC, Invenergy LLC, Invenergy Thermal Operating I LLC..(Halstead, Ellen) |
| Filing 17 NOTICE of of filing in response to the Court's May 9, 2022 Order re: #16 Memo Endorsement,,,,, Set Deadlines,,,,. Document filed by Ector County Energy Center LLC, Invenergy LLC, Invenergy Thermal Operating I LLC. (Attachments: #1 Exhibit Exhibit A-1: Defendants Invenergy LLC and Invenergy Thermal Operating I LLCs Notice of Motion to Dismiss Amended Complaint, #2 Exhibit Exhibit A-2: Defendants Invenergy LLC and Invenergy Thermal Operating I LLCs Memorandum of Law in Support of Motion to Dismiss Amended Complaint, #3 Exhibit Exhibit A-3: Affidavit of James Rafferty in Support of Defendants Invenergy LLC and Invenergy Thermal Operating I LLCs Motion to Dismiss Amended Complaint, #4 Exhibit Exhibit A-4: Affirmation of Sarah M. Gilbert in Support of Defendants Invenergy LLC and Invenergy Thermal Operating I LLCs Motion to Dismiss Amended Complaint, #5 Exhibit Exhibit A-5: Exhibit 1 to Gilbert Affirmation, #6 Exhibit Exhibit B-1: Defendant Ector County Energy Center LLCs Notice of Motion to Dismiss the Amended Complaints First, Fourth and Fifth Causes of Action, #7 Exhibit Exhibit B-2: Memorandum of Law in Support of Defendant Ector County Energy Center LLCs Motion to Dismiss the Amended Complaints First, Fourth and Fifth Causes of Action, #8 Exhibit Exhibit B-3: Affirmation of Gary A. Stahl in Support of Defendant Ector County Energy Center LLCs Motion to Dismiss the Amended Complaints First, Fourth and Fifth Causes of Action, #9 Exhibit Exhibit B-4: Exhibit 1 to Stahl Affirmation, #10 Exhibit Exhibit B-5: Exhibit 2 to Stahl Affirmation, #11 Exhibit Exhibit B-6: Exhibit 3 to Stahl Affirmation, #12 Exhibit Exhibit B-7: Exhibit 4 to Stahl Affirmation, #13 Exhibit Exhibit B-8: Exhibit 5 to Stahl Affirmation, #14 Exhibit Exhibit B-9: Exhibit 6 to Stahl Affirmation, #15 Exhibit Exhibit B-10: Exhibit 7 to Stahl Affirmation, #16 Exhibit Exhibit B-11: Exhibit 8 to Stahl Affirmation, #17 Exhibit Exhibit B-12: Exhibit 9 to Stahl Affirmation, #18 Exhibit Exhibit B-13: Exhibit 10 to Stahl Affirmation, #19 Exhibit Exhibit B-14: Exhibit 11 to Stahl Affirmation, #20 Exhibit Exhibit B-15: Exhibit 12 to Stahl Affirmation, #21 Exhibit Exhibit B-16: Exhibit 13 to Stahl Affirmation).(Halstead, Ellen) |
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Filing 16
MEMO ENDORSEMENT on re: #15 Letter, filed by Invenergy LLC, Invenergy Thermal Operating I LLC, Ector County Energy Center LLC. ENDORSEMENT: Defendants Invenergy LLC and Invenergy Thermal Operating I LLC (the "Invenergy Defendants") are hereby ORDERED to re-file their motion to dismiss the Amended Complaint that was previously filed in New York Supreme Court, by May 12, 2022. The Court finds that the Invenergy Defendants' re-filing of their motion to dismiss on the federal court docket satisfies the requirement under Federal Rule of Civil Procedure 81(c)(2) and no further response to the Amended Complaint is necessary at this time. Defendants are further ORDERED to file the pre-motion letter regarding their anticipated motion for transfer and referral of Plaintiff's claims to the bankruptcy court, by May 13, 2022. In accordance with the Court's Individual Rules and Practices in Civil Cases, Plaintiff shall file any response to Defendants' pre-motion letter by May 18, 2022. SO ORDERED.(Motions due by 5/12/2022.) (Signed by Judge John P. Cronan on 5/9/2022) (kv)
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| Filing 15 LETTER addressed to Judge John P. Cronan from Ellen M. Halstead dated May 6, 2022 re: in response to the Courts direction to provide any legal authorities on the question of whether a further response to the Amended Complaint is required and the application of Rule 81(c)(2) to Defendants. ECF No. 9.. Document filed by Ector County Energy Center LLC, Invenergy LLC, Invenergy Thermal Operating I LLC..(Halstead, Ellen) |
| Filing 14 NOTICE OF APPEARANCE by Jacqueline M Stykes on behalf of Direct Energy Business Marketing, LLC..(Stykes, Jacqueline) |
| Filing 13 NOTICE OF APPEARANCE by Zachary Ryan Russell on behalf of Direct Energy Business Marketing, LLC..(Russell, Zachary) |
| Filing 12 NOTICE OF APPEARANCE by Benjamin Isidore Finestone on behalf of Direct Energy Business Marketing, LLC..(Finestone, Benjamin) |
| Filing 11 NOTICE OF APPEARANCE by Kathryn Delveaux Bonacorsi on behalf of Direct Energy Business Marketing, LLC..(Bonacorsi, Kathryn) |
| Filing 10 NOTICE OF APPEARANCE by Christopher Daniel Kercher on behalf of Direct Energy Business Marketing, LLC..(Kercher, Christopher) |
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Filing 9
ORDER granting #7 Letter Motion for Extension of Time to Answer re #7 LETTER MOTION for Extension of Time to File Answer re: #1 Notice of Removal,, [1-12] Amended Complaint, addressed to Judge John P. Cronan from Ellen M. Halstead dated April 28, 2022. It is hereby ORDERED that, by May 6, 2022, Defendants shall provide any legal authorities on the question of whether a further response to the Amended Complaint is required and the application of Rule 81(c)(2) to Defendants. In the interim, the Court grants Defendants' request to adjourn the deadline for Defendants to respond to the Amended Complaint from May 2, 2022 to May 16, 2022. SO ORDERED. Ector County Energy Center LLC answer due 5/16/2022; Invenergy LLC answer due 5/16/2022; Invenergy Thermal Operating I LLC answer due 5/16/2022. (Signed by Judge John P. Cronan on 5/2/2022) (jca)
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| Filing 8 AFFIDAVIT OF SERVICE of Notice of Removal with Exhibits, SDNY ECF Rules, Judge Cronan's Individual Rules of Civil Practice and Emergency Rules re Covid-19 served on Direct Energy Business Marketing, LLC on 4/26/2022. Service was accepted by Simem Susuz on behalf of Quinn Emanuel Urquhart & Sullivan LLP, counsel for plaintiff. Document filed by Ector County Energy Center LLC..(Halstead, Ellen) |
| Filing 7 LETTER MOTION for Extension of Time to File Answer re: #1 Notice of Removal,, [1-12] Amended Complaint, addressed to Judge John P. Cronan from Ellen M. Halstead dated April 28, 2022. Document filed by Ector County Energy Center LLC, Invenergy LLC, Invenergy Thermal Operating I LLC..(Halstead, Ellen) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Sarah Gilbert. The following case opening statistical information was erroneously selected/entered: Cause of Action code (none); County code New York. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 28-1446; the County code has been modified to XX Out of State. (sj) |
| Magistrate Judge Stewart D. Aaron 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) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge John P. Cronan. 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) |
| Case Designated ECF. (sj) |
| Filing 6 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Invenergy Thermal Operating I Holdings LLC for Invenergy Thermal Operating I LLC. Document filed by Invenergy Thermal Operating I LLC..(Gilbert, Sarah) |
| Filing 5 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Invenergy Renewables Holdings LLC for Invenergy LLC. Document filed by Invenergy LLC..(Gilbert, Sarah) |
| Filing 4 NOTICE OF APPEARANCE by Sarah Gilbert on behalf of Invenergy LLC, Invenergy Thermal Operating I LLC..(Gilbert, Sarah) |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Ector County Energy Center Holding LLC for Ector County Energy Center LLC. Document filed by Ector County Energy Center LLC..(Marshall, Sarah) |
| Filing 2 CIVIL COVER SHEET filed..(Marshall, Sarah) |
| Filing 1 NOTICE OF REMOVAL from New York State Supreme Court, County of New York. Case Number: 653977/2021. (Filing Fee $ 402.00, Receipt Number ANYSDC-26056221).Document filed by Ector County Energy Center LLC. (Attachments: #1 Ex. A-1, #2 Ex. A-2, #3 Ex. A-3, #4 Ex. A-4, #5 Ex. A-5, #6 Ex. A-6, #7 Ex. A-7, #8 Ex. A-8, #9 Ex. A-9, #10 Ex. A-10, #11 Ex. A-11, #12 Ex. A-12, #13 Ex. A-13, #14 Ex. A-14, #15 Ex. A-15, #16 Ex. A-16, #17 Ex. A-17, #18 Ex. A-18, #19 Ex. A-19, #20 Ex. A-20, #21 Ex. A-21, #22 Ex. A-22, #23 Ex. B, #24 Ex. C, #25 Ex. D, #26 Ex. E, #27 Ex. F, #28 Ex. G).(Marshall, Sarah) Modified on 4/26/2022 (sj). Modified on 4/26/2022 (gp). |
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