Jordet v. Just Energy Solutions, Inc.
| Trevor Jordet |
| Just Energy Solutions, Inc. |
| 1:2018cv00953 |
| August 30, 2018 |
| US District Court for the Western District of New York |
| William M Skretny |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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| Filing 40 MEMORANDUM in Opposition re #35 MOTION for Leave to File Sur-Reply filed by Just Energy Solutions, Inc.. (Shulman, Motty) |
| Filing 39 REPLY/RESPONSE to re 38 Order on Motion for Leave to File, Plaintiff's Sur-Reply in Opposition to Defendant's Motion to Dismiss filed by Trevor Jordet. (Blankinship, D.) |
| Filing 38 TEXT ORDER. IT HEREBY IS ORDERED THAT, the Plaintiff' #35 Motion For Leave to File a Sur-Reply is GRANTED. Plaintiff is to file his sur-reply no later than close of business 10/22/2018. SO ORDERED. Issued by William M. Skretny, United States District Judge on 10/18/2018. (MEAL) |
| Filing 37 TEXT ORDER. IT HEREBY IS ORDERED THAT, the Unopposed Motion to Withdraw Appearances of E. Thomas Henefer, Stevens & Lee, and Neil C. Schur is GRANTED. SO ORDERED. Issued by William M. Skretny, United States District Judge on 10/15/2018. (MEAL)- CLERK TO FOLLOW UP - |
| Filing 36 NOTICE of Appearance by Jason C. Cyrulnik on behalf of Just Energy Solutions, Inc. (Cyrulnik, Jason) |
| Filing 35 MOTION for Leave to File Sur-Reply by Trevor Jordet. (Attachments: #1 Plaintiff's Sur-Reply in Opposition to Defendant's Motion to Dismiss)(Blankinship, D.) |
| Filing 33 Letter filed by Trevor Jordet as to Just Energy Solutions, Inc. Requesting Leave to File Sur-Reply in Response to Defendant's Motion to Dismiss. (Attachments: #1 Proposed Sur-Reply)(Blankinship, D.) |
| E-Filing Notification regarding #33 Letter Judge Skretny does not accept letters electronically filed or in paper form unless it is pursuant to Local Rule of Civil Procedure 7.(SG) |
| Filing 34 MOTION to Withdraw as Attorneys on behalf of E. Thomas Henefer, Neil C. Schur and Stevens & Lee by Just Energy Solutions, Inc.(SG) |
| Filing 32 RESPONSE in Support re #19 Motion to Dismiss filed by Just Energy Solutions, Inc.. (Attachments: #1 Declaration of Motty Shulman, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D)(Shulman, Motty) |
| Filing 31 NOTICE of Appearance by Sharon M. Porcellio on behalf of Just Energy Solutions, Inc. (Porcellio, Sharon) |
| E-Filing Notification regarding #25 Withdrawal of Appearance by Neil Schur. Local Rule 83.2(d) directs that withdrawal of attorney must either be made by motion or submission of a stipulation endorsed by the client and by all counsel of record and unrepresented parties in the case. Action Required by filer: Submit either a motion to withdraw or a fully endorsed stipulation to proceed with withdrawal from the action. (JMM) |
| Filing 30 NOTICE of Appearance by Heath J. Szymczak on behalf of Just Energy Solutions, Inc. (Szymczak, Heath) |
| Filing 29 TEXT ORDER. The #28 Joint Stipulation for Extension of Time for Defendant to File Reply in Support of Motion to Dismiss is HEREBY SO ORDERED. Defendant's reply is now due 10/5/2018. SO ORDERED. Issued by William M. Skretny, United States District Judge on 9/18/2018. (MEAL) |
| Filing 28 STIPULATION FOR EXTENSION OF TIME FOR DEFENDANT TO FILE REPLY IN SUPPORT OF MOTION TO DISMISS by Just Energy Solutions, Inc.. (Shulman, Motty) |
| Filing 27 DECLARATION signed by D. Greg Blankinship re #26 Memorandum in Opposition to Motion filed by Trevor Jordet filed by Trevor Jordet. (Attachments: #1 Exhibit 1-Steketee v. Viridian Energy, Inc.,, #2 Exhibit 2-Tully v. N. Am. Power & Gas, LLC, #3 Exhibit 3-Sanborn v. Viridian Energy, Inc, #4 Exhibit 4-Fritz v. North American Power & Gas, LLC, #5 Exhibit 5-5 Wise v. Energy Plus Holdings, LLC, #6 Exhibit 6-EIA Table 20, #7 Exhibit 7-Table Comparing Total Bill Rate)(Blankinship, D.) |
| Filing 26 MEMORANDUM in Opposition re #19 filed by Trevor Jordet. (Blankinship, D.) |
| Filing 25 Withdrawal of Appearance by Neil Schur. (KM) |
| Filing 24 Case transferred in from District of Pennsylvania Eastern; Case Number 2:18-cv-01496. |
| AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at http://www.nywd.uscourts.gov/alternative-dispute-resolution(SG) |
| Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (AO-85) is available for download at http://www.uscourts.gov/services-forms/forms. (SG) |
| Original record transferred to the Western District of New York via interdistrict transfer system. (md) [Transferred from paed on 8/30/2018.] |
Filing 23
ORDER THAT DEFT'S UNOPPOSED MOTION TO TRANSFER VENUE (ECF 17) IS GRANTED. THIS ACTION IS HEREBY TRANSFERRED TO THE WESTERN DISTRICT OF NEW YORK. THE CLERK SHALL TRANSFER THE RECORD TO THAT DISTRICT. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 8/23/18.8/24/18 ENTERED AND COPIES MAILED AND E-MAILED.(kw, ) [Transferred from paed on 8/30/2018.]
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| Filing 22 JOINT STIPULATION AND ORDER THAT PLAINTIFF'S TIME TO FILE A RESPONSE IN OPPOSITON TO DEFENDANT'S MOTION TO DISMISS SHALL BE DUE 21 CALENDAR DAYS FROM THE DATE OF THE COURT'S ORDER ON THE PENDING MOTION. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 8/14/18. 8/14/18 ENTERED AND COPIES MAILED AND E-MAILED.(mbh, ) [Transferred from paed on 8/30/2018.] |
| Filing 21 NOTICE of Appearance by NEIL C. SCHUR on behalf of JUST ENERGY SOLUTIONS, INC. with Certificate of Service(SCHUR, NEIL) [Transferred from paed on 8/30/2018.] |
| Filing 20 Memorandum of Law, in Support re #19 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by JUST ENERGY SOLUTIONS, INC.. (Attachments: #1 Declaration, #2 Certificate of Service)(HENEFER, E.) [Transferred from paed on 8/30/2018.] |
| Filing 19 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by JUST ENERGY SOLUTIONS, INC...(HENEFER, E.) [Transferred from paed on 8/30/2018.] |
| Filing 18 Memorandum in Support re #17 MOTION to Transfer Venue filed by JUST ENERGY SOLUTIONS, INC.. (HENEFER, E.) [Transferred from paed on 8/30/2018.] |
| Filing 17 MOTION to Transfer Venue filed by JUST ENERGY SOLUTIONS, INC..Certificate of Service.(HENEFER, E.) [Transferred from paed on 8/30/2018.] |
| Filing 16 Disclosure Statement Form pursuant to FRCP 7.1 including Just Energy Group Inc. with Certificate of Service by JUST ENERGY SOLUTIONS, INC..(HENEFER, E.) [Transferred from paed on 8/30/2018.] |
| Filing 15 NOTICE of Appearance by E. THOMAS HENEFER on behalf of JUST ENERGY SOLUTIONS, INC. with Certificate of Service(HENEFER, E.) [Transferred from paed on 8/30/2018.] |
| Letter to Attorney MOTTY SHULMAN re: L.R. 83.5 and 83.5.2. (eibo, ) [Transferred from paed on 8/30/2018.] |
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Filing 14
ORDER THAT THE APPLICATION OF TODD S. GARBER, ESQUIRE TO PRACTICE IN THIS COURT PURSUANT TO LOCAL RULE OF CIVIL PROCEDURE 83.5.2(b) IS GRANTED. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 5/9/18. 5/10/18 ENTERED AND COPIES MAILED AND E-MAILED.(mbh, ) [Transferred from paed on 8/30/2018.]
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Filing 13
ORDER THAT THE APPLICATION OF D. GREG BLANKINSHIP, ESQUIRE TO PRACTICE IN THIS COURT PURSUANT TO LOCAL RULE OF CIVIL PROCEDURE 83.5.2(b) IS GRANTED. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 5/9/18. 5/10/18 ENTERED AND COPIES MAILED AND E-MAILED.(mbh, ) [Transferred from paed on 8/30/2018.]
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Filing 12
ORDER THAT THE APPLICATION OF CHANTAL KHALIL, ESQUIRE TO PRACTICE IN THIS COURT PURSUANT TO LOCAL RULE OF CIVIL PROCEDURE 83.5.2(b) IS GRANTED. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 5/9/18. 5/10/18 ENTERED AND COPIES MAILED AND E-MAILED.(mbh, ) [Transferred from paed on 8/30/2018.]
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Filing 11
STIPULATION AND ORDER THAT THE TIME FOR DEFENDANT JUST ENERGY SOLUTIONS INC. TO RESPOND TO THE COMPLAINT IN THIS ACTION IS EXTENDED 90 DAYS FROM 5/8/18 TO 8/6/18. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 5/8/18. 5/9/18 ENTERED AND COPIES E-MAILED.(mbh, ) [Transferred from paed on 8/30/2018.]
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| Filing 10 MOTION for Pro Hac Vice Todd S. Garber ( Filing fee $ 40 receipt number 0313-12797786.) filed by TREVOR JORDET.Certificate of Service.(SHUB, JONATHAN) [Transferred from paed on 8/30/2018.] |
| Filing 9 MOTION for Pro Hac Vice D. Greg Blankinship ( Filing fee $ 40 receipt number 0313-12797768.) filed by TREVOR JORDET.Certificate of Service.(SHUB, JONATHAN) [Transferred from paed on 8/30/2018.] |
| Filing 8 MOTION for Pro Hac Vice Chantal Khalil ( Filing fee $ 40 receipt number 0313-12797737.) filed by TREVOR JORDET.Certificate of Service.(SHUB, JONATHAN) [Transferred from paed on 8/30/2018.] |
| Filing 7 NOTICE of Change of Address by JONATHAN SHUB(SHUB, JONATHAN) [Transferred from paed on 8/30/2018.] |
| Filing 6 Minute Entry for a Pretrial Conference held on 4/25/18 before Judge Baylson. (mbh, ) [Transferred from paed on 8/30/2018.] |
| Filing 5 STATUS REPORT ORDER THAT THE COURT HELD AN UNREDACTED TELEPHONE CONFERENCE WITH COUNSEL ON 4/25/18 CONCERNING THE STATUS OF THIS CASE AND A POSSIBLY RELATED CASE PENDING IN THE WESTERN DISTRICT OF NEW YORK. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 4/25/18. 4/26/18 ENTERED AND COPIES E-MAILED.(mbh, ) [Transferred from paed on 8/30/2018.] |
| Filing 4 AFFIDAVIT of Service by Stephanie L. Gonzalez re: served Summons upon Cori Novy, Defendant, Just Energy Solutions, Inc. by Personally Hand Delivered on 04/17/2018 (SHUB, JONATHAN) [Transferred from paed on 8/30/2018.] |
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Filing 3
ORDER THAT THE COURT WILL HAVE A RULE 16 PRELIMINARY PRETRIAL CONFERENCE, IN VIEW OF THE FACT THAT THERE APPEARS TO BE SIMILAR LITIGATION PENDING IN THE WESTERN DISTRICT OF NEW YORK ON 4/25/18 AT 3:30 PM. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 4/11/18. 4/12/18 ENTERED AND COPIES E-MAILED.(mbh, ) [Transferred from paed on 8/30/2018.]
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| Filing 2 Disclosure Statement Form pursuant to FRCP 7.1 by TREVOR JORDET.(ahf) [Transferred from paed on 8/30/2018.] |
| Filing 1 COMPLAINT against JUST ENERGY SOLUTIONS, INC. ( Filing fee $ 400 receipt number 176571.), filed by TREVOR JORDET. (Attachments: #1 Civil Cover Sheets)(ahf) [Transferred from paed on 8/30/2018.] |
| Summons Issued as to JUST ENERGY SOLUTIONS, INC.. 1 Forwarded To: Counsel on 4/10/2018 (ahf) [Transferred from paed on 8/30/2018.] |
| DEMAND for Trial by Jury by TREVOR JORDET. (ahf, ) [Transferred from paed on 8/30/2018.] |
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