Duke Energy Progress, LLC v. 3M Company, et al
| Duke Energy Progress, LLC doing business as Progress Energy Carolinas, Inc. |
| Tennessee Associated Electric, Inc. or Tennessee Associated Electric, Union Electric Company, American Electric Corporation, Town of Blackstone, Virginia, Bonner Electric, Inc., Chevron Mining, Inc., Cohen and Green Salvage Company, Inc., Owen Electric Steel Company of South Carolina and/or SMI-Owen Steel Company, Inc. and/or SMI Steel an Alabama corporation operating a steel plant in Cayce, South Carolina and/or Commercial Metals Company as successors in interest to SMI Steel doing b, Cooper Industries, Inc., Cotter Electric Company, City of Dover, Delaware, Endicott Clay Products Company, Hagerstown Light Department, Huntsville Utilities, Jet Electric Motor Co., Inc., Kelly Generator & Equipment, Inc. and/or Kelly Electrical Construction, Inc. f/k/a Kelly & Bishop Electrical Construction, Inc. and/or John E. Kelly & Sons Electrical Construction Inc., LaFarge Mid-Atlantic, LLC and/or Lafarge Mid-Atlantic, Inc. as successor-in-interest to or Redland Genstar, Inc. and Genstar Stone Products, Inc., Lewis Electric Supply Co., Inc., City of Mascoutah, Illinois, M-P Electrical Contractors, Inc., New Southern of Rocky Mount, Inc., North Carolina Department of Agriculture and Consumer Services, P. C. Campana, Inc., Phoenix Solutions Company, Surry-Yadkin Electric Membership Corporation, Tennessee Associated Electric Holdings, Inc., Ventech Engineers, Inc., and/or Ventech Process Equipment, Inc. and/or Ventech Equipment Inc. and/or The Ventech Companies, W. R. Schofield Construction Co., Inc., Owen Electric Steel Company of South Carolina, Veolia Environmental Services Waste-to-Energy f/k/a Montenay Power Corporation, International Power Machinery Company, 3M Company, Alcan Primary Products Corporation, Alcoa Inc., American Skiing Company, Apogee Coal Company, LLC, Appalachian Power Company, Arkema, Inc., Atlantic City Electric Company, Baltimore Gas & Electric Company, BASF Corporation, Bassett Furniture Industries, Inc., Bayer Cropscience, Inc., Bedford Rural Electric Cooperative Inc., Blue Ridge Electric Cooperative, Inc., Broad River Electric Cooperative, Inc., Bruce-Merrilees Electric Company, Buist Electric, Inc., Cape Hatteras Electric Membership Corporation, Cargill, Incorporated, Carlisle Syntec Incorporated, Carr and Duff, Inc., Caterpillar Inc., CBS Corporation, United States Central Intelligence Agency, United States Defense Logistics Agency, United States Department of the Army, United States Department of the Navy, United Technologies Corporation, University of North Carolina at Chapel Hill, Virginia Electric and Power Company (VEPCO), Vulcan Construction Materials, LLC, Warren Electric Cooperative, Inc., Wartburg College, Washington Suburban Sanitary Commission, West Penn Power Company, Weyerhaeuser Company, Central Regional Hospital, Chemical Products Corporation, Cherry Hospital, Christus Health, Cleveland Electric Company, Cogentrix Energy, LLC, ConocoPhillips Company, Consolidation Coal Company, Consumers Energy Company, Cooper Tire & Rubber Company, CSX Residual Company, Danny Corporation, Dean's Light Box, Inc., Delmarva Power & Light Company, Dixon Lumber Company, Inc., Domtar Paper Company, LLC, Dorey Electric Company, Duke Energy Carolinas, LLC, Duquesne Light Company, East Kentucky Power Cooperative, Inc., Electric Control Equipment Co., Electric Equipment Corporation of Virginia, Environmental Protection Services, Inc., Erachem Comilog, Inc., Florida Power & Light Company, Foremost Electric & Transmission, Inc., Frontier Communications Corporation, Furman University, G&S Motor Equipment Company, Inc., General Electric Company, General Extrusions, Inc., Georgia Power Company, GKN Driveline North American, Inc., Gladieux Trading & Marketing Co., LP, and/or Limited Corporation, Glenwood Resolution Authority, Inc., Green Circle Growers, Inc., Greenwood Mills, Inc., Guernsey-Muskingum Electric Cooperative Inc., Haines and Kibblehouse, Inc., The Holladay Corporation, Hudson Light and Power Department, IES Commercial, Inc., and/or Integrated Electrical Services, Inc., Imerys Carbonates, LLC, International Paper Company, Intertape Polymer Group, Inc., City of Jacksonville, Florida, Jessop Steel, LLC, Kingsport Power Company, Kobe Copper Products, Inc., Koch Industries, Inc, Kraft Foods Global, Inc., City of Lakeland, Florida, Lockwood's Electric Motor Service, Town of Louisburg, North Carolina, LWB Refractories Company, Martin Marietta Materials, Inc., Midamerican Energy Company, Monongahela Power Company, Niagara Mohawk Power Corporation, N.L. Industries, Inc., Norfolk Southern Railway Company, North Carolina State University, North Georgia Electric Membership Corporation, Huntington Ingalls Incorporated., Nucor Corporation, O'Berry Neuro-Medical Center, Occidental Chemical Corporation, Pactiv Corporation, Palmetto Electric Cooperative, Inc., PCS Phospate Company, Inc., Pharmacia Corporation, Potomac Electric Power Company, PPG Industries, Inc., PPL Electric Utilities Corporation, Royal Street Junk Company, Inc., Santee Electric Cooperative, Inc., Sara Lee Corporation, Sonoco Products Company, South Central Power Company, Southland Electrical Supply, Inc., St. Joseph Medical Center, Inc., Sumter Electric Cooperative, Inc., T and R Electric Supply Company, Inc., Imerys Fused Minerals Greeneville, Inc., Tennessee Valley Authority, Trap Rock, Inc., Tredegar Film Products Corporation, Tri-State Armature & Electrical Works, Inc., Unimin Corporation, Union Carbide Corporation, United States Air Force and Sales Transaction Defendants Liaison |
| United States Environmental Protection Agency |
| David O Ledbetter and Mr. David Oscar Ledbetter |
| Johnson/Kerner Liaison Group |
| PCS Phosphate Company, Inc. |
| Barnes & Powell Electrical Company, Inc., Trinity Industries, Inc., Georgia-Pacific, LLC, Melinz Rebar, Inc., Babson College, Batesville Casket Company, Bay Mechanical & Electrical Corporation, CEMEX Construction Materials FL, LLC, City of Winston-Salem, North Carolina, DACCO Incorporated, Davis. Jerry Inc., Delaware Electric Cooperative, Inc., E. Luke Greene Company, Inc., FABRI-KAL Corporation, Henkels & McCoy, Inc., J. C. Blair Memorial Hospital, Kerr-McGee Corporation, Magnetic Metals Corporation, Mass. Electric Construction Co., National Railroad Passenger Corporation, Novartis Corporation, Robert Bosch LLC, SHO-ME Power Electric Cooperative, Saint Augustine's College, Seabrook Enterprises, Inc., Southern Alloy Corporation, St. John's College, Tallahassee Memorial Healthcare, Inc., The North Carolina Granite Corporation, The Rouse Company, LLC, Thomasville Furniture Industries, Inc., Truland Corporation, UPS Ground Freight, Inc., Villanova University in the State of Pennsylvania, Emma L. Bixby Medical Center, Gencorp, Inc., Parker-Hannifin Corporation, Riley Power Inc., The National Lime and Stone Company, Timken US LLC and Woodstream Corporation |
| Duke Energy Progress, LLC |
| Owen Electric Steel Company of South Carolina and/or SMI-Owen Steel Company, Inc. and/or SMI Steel |
| Ohio Valley Medical Center, Incorporated |
| 5:2008cv00460 |
| September 12, 2008 |
| US District Court for the Eastern District of North Carolina |
| Environmental Matters Office |
| WAKE |
| Louise Wood Flanagan |
| Environmental Matters |
| 42 U.S.C. § 9607 Real Property Tort to Land |
| Defendant |
Docket Report
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This docket was last retrieved on March 8, 2017. A more recent docket listing may be available from PACER.
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TEXT ORDER - This matter is before the court on its own initiative, where all defendants have been dismissed from this action by court decision or stipulation of dismissal, and where consent judgment entered in related case, No. 5:16-CV-820-FL. Absent any objection filed within 14 days of the date of this order, the clerk is DIRECTED to close this case for administrative purposes. Signed by District Judge Louise Wood Flanagan on 3/8/2017. (Baker, C.)
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Filing 1851
STIPULATION of Dismissal of Defendants Consolidation Coal Company, Duke Energy Progress, LLC and PCS Phosphate Company, Inc. by Duke Energy Progress, LLC (Ovies, Kelli)
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Filing 1850
STIPULATION of Dismissal of Defendant Domtar Paper Company, LLC by Duke Energy Progress, LLC (Ovies, Kelli)
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Filing 1849
STIPULATION of Dismissal of Defendant Unimin Corporation by PCS Phospate Company, Inc., PCS Phosphate Company, Inc. (Story, Jane)
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Filing 1848
STIPULATION of Dismissal of Defendant Sonoco Products Company by PCS Phospate Company, Inc., PCS Phosphate Company, Inc. (Story, Jane)
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Filing 1847
STIPULATION of Dismissal of Defendant GKN Driveline North America, Inc. by PCS Phospate Company, Inc., PCS Phosphate Company, Inc. (Story, Jane)
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Filing 1846
STIPULATION of Dismissal of Defendant Dixon Lumber Company, Inc. by PCS Phospate Company, Inc., PCS Phosphate Company, Inc. (Story, Jane)
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Filing 1845
STIPULATION of Dismissal of Defendant Broad River Electric Cooperative by PCS Phospate Company, Inc., PCS Phosphate Company, Inc. (Story, Jane)
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Filing 1844
STIPULATION of Dismissal With Prejudice of Defendant The General Electric Company by Consolidation Coal Company (Vanneman, Julie)
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Filing 1843
STIPULATION of Dismissal With Prejudice of Defendant Martin Marietta Materials, Inc. by Consolidation Coal Company (Vanneman, Julie)
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Filing 1842
STIPULATION of Dismissal With Prejudice of Defendant Erachem Comilog, Inc. f/k/a Chemetals Incorporated by Consolidation Coal Company (Vanneman, Julie)
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TEXT ORDER - Subject to the conditions enumerated in the special master's 13th status report, hearing no opposition thereto, the court now terminates the service of David O. Ledbetter, The court's thanks and good wishes are given to Mr. Ledbetter upon conclusion of his distinguished service in these matters. Signed by District Judge Louise Wood Flanagan on 11/22/2016. (Baker, C.)
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TEXT ORDER regarding #1841 Thirteenth Report of Special Master - Upon the court's receipt and review of the special master's 13th status report, including recommendation that his appointment be terminated subject to enumerated conditions, the court allots the parties 21 days from this date to show any cause why the special master's recommendation should not now be accepted. Signed by District Judge Louise Wood Flanagan on 10/20/2016. (Baker, C.)
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Filing 1841
STATUS REPORT - Thirteenth Report of Special Master by David Oscar Ledbetter (Ledbetter, David)
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Filing 1840
ORDER granting #1839 Motion to Withdraw as Attorney - Attorney Linda R. Larson terminated as counsel for third-party defendant Mass. Electric Company. Signed by District Judge Louise Wood Flanagan on 10/4/2016. (Baker, C.)
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Filing 1839
MOTION to Withdraw as Attorney filed by Mass. Electric Construction Co. (Attachments: #1 Text of Proposed Order) (Larson, Linda)
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Filing 1838
STIPULATION of Dismissal With Prejudice of Defendant Kraft Heinz Foods Company as Successor to Kraft Foods Global, Inc. by PCS Phospate Company, Inc., PCS Phosphate Company, Inc. (Story, Jane)
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Filing 1837
STIPULATION of Dismissal With Prejudice of Defendant Bassett Furniture Industries, Inc. by PCS Phospate Company, Inc., PCS Phosphate Company, Inc. (Story, Jane)
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Filing 1836
STATUS REPORT by Duke Energy Progress, LLC (Ovies, Kelli)
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Filing 1835
STIPULATION of Dismissal with Prejudice of Carr & Duff, Inc. by Consolidation Coal Company (Vanneman, Julie)
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Filing 1834
STIPULATION of Dismissal of Claims Against Third Party Defendant Georgia Pacific, LLC by PCS Phosphate Company, Inc. (Meynardie, Robert)
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Filing 1833
STIPULATION of Dismissal with Prejudice of Union Carbide Corporation by Consolidation Coal Company (Vanneman, Julie)
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Filing 1832
Notice of Substitution of Counsel filed by Elizabeth Connolly Stone on behalf of Tallahassee Memorial Healthcare, Inc. substituting for Kacy L. Hunt. (Stone, Elizabeth)
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Filing 1831
STIPULATION of Dismissal With Prejudice of Defendant Lafarge Mid-Atlantic LLC by PCS Phospate Company, Inc., PCS Phosphate Company, Inc. (Story, Jane)
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Filing 1830
STIPULATION of Dismissal of Defendant Vulcan Construction Materials, LLC by Consolidation Coal Company (Vanneman, Julie)
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Filing 1829
STIPULATION of Dismissal of Defendant North Georgia Electric Membership Corporation by Consolidation Coal Company (Vanneman, Julie)
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Filing 1828
STIPULATION of Dismissal of Defendant Huntington Ingalls Incorporated by Consolidation Coal Company (Vanneman, Julie)
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Filing 1827
ORDER granting #1826 Motion to Amend Case Caption - The Court DIRECTS the Clerk of Court to amend the case caption and any relevant court records to change Defendant's name to Vulcan Construction Materials, LLC. Signed by District Judge Louise Wood Flanagan on 8/12/2016. (Baker, C.)
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Filing 1826
MOTION to Amend Case Caption filed by Vulcan Construction Materials, Limited Partnership. (Attachments: #1 Text of Proposed Order) (Rathgeber, Geoffrey)
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Motion Submitted to District Judge Louise Wood Flanagan - #1826 MOTION to Amend Case Caption. (Baker, C.)
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Filing 1825
STIPULATION of Dismissal of Defendant Chemical Products Corporation by Duke Energy Progress, LLC (Ovies, Kelli)
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Motion Submitted to District Judge Louise Wood Flanagan - #1820 MOTION for Extension of Time to File Response to Motions for Summary Judgment and File Motions to Exclude Expert Testimony. (Baker, C.)
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TEXT ORDER denying #1820 Motion for Extension of Time to File Response - Where there are five outstanding summary judgment motions pending, and plaintiffs seek another extension of time to respond, through 12/14/16, the record evidences strong possibility that plaintiffs' claims against moving defendants Broad River Electric Cooperative, Dixon Lumber Company, GKN Driveline North America, Sonoco Products Company, and Unimin Corporation, will be resolved by entry of that consent decree which is the subject of ongoing, protracted negotiations. On this basis, in adherence to Fed. R. Civ. Pro. 1, the court now moots those summary judgment motions without prejudice to their immediate reinstatement, should it appear the consent decree will not in fact contain a provision barring plaintiffs' claims against moving defendants. As such, the instant motion for an extension of time to respond is denied. Plaintiffs are ordered to provide a status report 9/15/16, affirming then, if the consent decree has not yet been lodged, whether plaintiffs' belief remains that it will contain that provision. At that time this court will reassess the situation. And if at any time it appears to a moving defendant that, based on new information, plaintiffs ' claims will in fact be maintained, said defendant may move for reinstatement of motion and, assuming good cause as then found by the court, the undersigned will recall onto the active docket motion(s) now mooted. Signed by District Judge Louise Wood Flanagan on 8/2/2016. (Baker, C.)
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Filing 1824
STATUS REPORT - Twelfth Report of Special Master. by David Oscar Ledbetter (Ledbetter, David)
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TEXT ORDER regarding #1824 Twelfth Report of Special Master - The court acknowledges its receipt and review of report by the Special Master, and the continued progress described therein. The Special Master is DIRECTED to file his next status report on or before October 20, 2016. Signed by District Judge Louise Wood Flanagan on 7/19/2016. (Baker, C.)
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Filing 1823
STIPULATION of Dismissal With Prejudice of Defendant Imerys Fused Minerals Greenville, Inc. by Consolidation Coal Company Associated Cases: 5:08-cv-00460-FL, 5:08-cv-00463-FL (Vanneman, Julie)
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Filing 1822
STIPULATION of Dismissal with Prejudice of Defendant Imerys Carbonates, LLC by Consolidation Coal Company Associated Cases: 5:08-cv-00460-FL, 5:08-cv-00463-FL (Vanneman, Julie)
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Filing 1821
STIPULATION of Dismissal With Prejudice of Defendant Intertape Polymer Group, Inc. by PCS Phospate Company, Inc., PCS Phosphate Company, Inc. (Story, Jane)
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Filing 1820
MOTION for Extension of Time to File Response to Motions for Summary Judgment and File Motions to Exclude Expert Testimony filed by Consolidation Coal Company. (Attachments: #1 Text of Proposed Order) (Vanneman, Julie)
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Filing 1819
MOTION for Extension of Time to File Response/Reply to Motions for Summary Judgment and File Motions to Exclude Expert Testimony filed by Consolidation Coal Company. (Attachments: #1 Text of Proposed Order Text of Proposed Order) (Vanneman, Julie)
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NOTICE OF DEFICIENCY regarding #1819 Motion for Extension of Time to File Response - Filing is not text searchable. Local Civil Rule 5.1 requires that all documents submitted for filing be in a text searchable format. Counsel is directed to correct the deficiency and refile the document accordingly. (Baker, C.)
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Filing 1818
STIPULATION of Dismissal With Prejudice of Defendant Virginia Electric and Power Company by PCS Phospate Company, Inc., PCS Phosphate Company, Inc. (Story, Jane)
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Filing 1817
ORDER granting #1816 Motion to Withdraw as Attorney - Attorney Julie Yates Cronin terminated as counsel for defendant Caterpillar Inc. Signed by District Judge Louise Wood Flanagan on 6/8/2016. (Baker, C.)
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Filing 1816
MOTION to Withdraw as Attorney filed by Caterpillar Inc. (Attachments: #1 Text of Proposed Order to Withdraw as Counsel) (Cronin, Julie)
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Filing 1815
*DOCUMENT CORRECTED AND REFILED AT DOCKET ENTRY #1816 * - MOTION to Withdraw as Attorney filed by Caterpillar Inc. (Cronin, Julie) Modified on 6/8/2016 to insert refiling information. (Baker, C.)
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Filing 1814
STIPULATION of Dismissal of Defendant Cape Hatteras Electric Membership Corporation by Duke Energy Progress, LLC (Ovies, Kelli)
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Filing 1813
Notice of Substitution of Counsel filed by Kendall Lee Stensvad on behalf of Huntington Ingalls Incorporated., Imerys Carbonates, LLC, Imerys Fused Minerals Greeneville, Inc., North Georgia Electric Membership Corporation, Union Carbide Corporation, Vulcan Construction Materials, Limited Partnership substituting for Richard A. McAvoy. (Stensvad, Kendall)
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Filing 1812
STIPULATION of Dismissal With Prejudice of Defendant Magnesita Refratarios S.A. f/k/a LWB Refractories Company f/k/a the J.E. Baker Company by PCS Phospate Company, Inc., PCS Phosphate Company, Inc. (Story, Jane)
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Filing 1811
STIPULATION of Dismissal With Prejudice of Defendant Guernsey-Muskingum Electric Cooperative, Inc. by PCS Phospate Company, Inc., PCS Phosphate Company, Inc. (Story, Jane)
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Filing 1810
STIPULATION of Dismissal With Prejudice of Defendant Owen Electric Steel Company of South Carolina by Consolidation Coal Company (Vanneman, Julie)
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Filing 1809
STIPULATION of Dismissal With Prejudice of Third-Party Defendant Novartis Corporation by PCS Phospate Company, Inc., PCS Phosphate Company, Inc. (Story, Jane)
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Filing 1808
STIPULATION of Dismissal With Prejudice of Defendant Furman University by PCS Phospate Company, Inc., PCS Phosphate Company, Inc. (Story, Jane)
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Filing 1807
STIPULATION of Dismissal With Prejudice of Third-Party Defendant Robert Bosch LLC by PCS Phospate Company, Inc., PCS Phosphate Company, Inc. (Story, Jane)
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Filing 1806
STIPULATION of Dismissal With Prejudice of Defendant Consumers Energy Company by PCS Phospate Company, Inc., PCS Phosphate Company, Inc. (Story, Jane)
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TEXT ORDER regarding Eleventh Report of Special Master - The court acknowledges its receipt and review of report by the Special Master, and the continued progress described therein. Again, the court commends the Special Master for his important work in the case. The Special Master is DIRECTED to file a 12th status report on or before July 20, 2016. Signed by District Judge Louise Wood Flanagan on 5/9/2016. (Baker, C.)
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Filing 1805
STATUS REPORT - Eleventh Report of Special Master by David Oscar Ledbetter. (Ledbetter, David)
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Filing 1804
ORDER granting #1803 Motion to Withdraw as Attorney of Record - Attorney Jason P. Perdion terminated. Signed by District Judge Louise Wood Flanagan on 3/31/2016. (Tripp, S.)
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Filing 1803
MOTION to Withdraw as Attorney of Record filed by Guernsey-Muskingum Electric Cooperative Inc. (Attachments: #1 Text of Proposed Order) (Perdion, Jason)
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Filing 1802
ORDER granting #1800 Motion for Extension of Time to File Response/Reply regarding #1754 MOTION for Summary Judgment, #1752 MOTION for Summary Judgment, #1753 MOTION for Summary Judgment, #1755 MOTION for Summary Judgment, and #1756 MOTION for Summary Judgment - The court finds good cause to extend the deadline for plaintiffs to respond to the moving defendants' motions for summary judgment to 7/22/2016. In addition, where the court previously extended the deadline for dispositive motions, including the corresponding deadline for motions to exclude expert testimony, to April 22, 2016, in order to accommodate ongoing settlement efforts, (see October 1, 2015, order, p. 2), the court finds good cause to extend such deadlines accordingly. Therefore, all potentially dispositive motions shall be filed by July 22, 2016. All motions to exclude testimony of expert witnessespursuant to Federal Rules of Evidence 702, 703, or 705, Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), Kumho Tire Co. v. Carmichael, 526 U.S. 137 (1999), or similar case law, shall be filed by the deadline set for dispositive motions. Signed by District Judge Louise Wood Flanagan on 3/30/2016. (Tripp, S.)
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Motion Submitted to District Judge Louise Wood Flanagan regarding #1803 MOTION to Withdraw as Attorney of Record. (Tripp, S.)
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NOTICE OF DEFICIENCY regarding #1801 Response in Opposition to Motion - Filing is not text searchable. Local Civil Rule 5.1 requires that all documents submitted for filing be in a text searchable format. Refiling of the document will not be required in this limited instance, but future filings before this court must adhere to this policy. (Baker, C.)
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Motion Submitted to District Judge Louise Wood Flanagan - #1800 MOTION for Extension of Time. (Baker, C.)
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Filing 1801
RESPONSE in Opposition regarding #1800 MOTION for Extension of Time filed by Broad River Electric Cooperative, Inc., Dixon Lumber Company, Inc., GKN Driveline North American, Inc., Sonoco Products Company, Unimin Corporation. (Fedder, Jane)
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Filing 1800
MOTION for Extension of Time to File Response as to #1756 MOTION for Summary Judgment, #1755 MOTION for Summary Judgment, #1753 MOTION for Summary Judgment, #1754 MOTION for Summary Judgment, #1752 MOTION for Summary Judgment and to File Motions to Exclude Expert Testimony filed by Duke Energy Progress, LLC. (Attachments: #1 Text of Proposed Order) (Ovies, Kelli)
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Filing 1799
Notice of Substitution of Counsel filed by Geoffrey C. Rathgeber on behalf of Huntington Ingalls Incorporated., Imerys Carbonates, LLC, Imerys Fused Minerals Greeneville, Inc., North Georgia Electric Membership Corporation, Union Carbide Corporation, Vulcan Construction Materials, Limited Partnership substituting for Sarah T. Babcock. (Rathgeber, Geoffrey)
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Notice to Counsel regarding #1799 Notice of Withdrawal and Substitution of Counsel - This document's caption lends itself to filing in related case 5:08-CV-463-FL. The document must also be filed in that matter. (Baker, C.)
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Filing 1798
STIPULATION of Dismissal of Defendant Baltimore Gas and Electric Company by Duke Energy Progress, LLC (Ovies, Kelli)
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Filing 1797
STIPULATION of Dismissal With Prejudice of Defendant Bedford Rural Electric Cooperative, Inc. by PCS Phospate Company, Inc., PCS Phosphate Company, Inc. (Story, Jane)
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Filing 1796
STIPULATION of Dismissal With Prejudice by PCS Phosphate Company, Inc., The National Lime and Stone Company. (Shipley, Curtis)
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Filing 1795
STIPULATION of Dismissal With Prejudice of Third-Party Defendant Barnes & Powell Electrical Company, Inc. by PCS Phospate Company, Inc., PCS Phosphate Company, Inc. (Story, Jane)
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Filing 1794
STIPULATION of Dismissal With Prejudice of Third-Party Defendant The North Carolina Granite Corporation by PCS Phospate Company, Inc., PCS Phosphate Company, Inc. (Story, Jane)
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Filing 1793
STIPULATION of Dismissal With Prejudice of Defendant Santee Electric Cooperative, Inc. by PCS Phospate Company, Inc., PCS Phosphate Company, Inc. (Story, Jane)
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Filing 1792
STIPULATION of Dismissal With Prejudice of Defendant Greenwood Mills, Inc. by PCS Phospate Company, Inc., PCS Phosphate Company, Inc. (Story, Jane)
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Filing 1791
STIPULATION of Dismissal With Prejudice of Defendant CHRISTUS Health Northern Louisiana by PCS Phospate Company, Inc., PCS Phosphate Company, Inc. (Story, Jane)
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Filing 1790
STIPULATION of Dismissal With Prejudice of Defendant Monongahela Power Company by Consolidation Coal Company (Vanneman, Julie)
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Filing 1789
STIPULATION of Dismissal With Prejudice of Defendant West Penn Power Company by Consolidation Coal Company (Vanneman, Julie)
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Filing 1788
STIPULATION of Dismissal of Defendant Pharmacia LLC by Duke Energy Progress, LLC (Ovies, Kelli)
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Filing 1787
STIPULATION of Dismissal With Prejudice of Defendant Palmetto Electric Cooperative, Inc. by PCS Phospate Company, Inc., PCS Phosphate Company, Inc. (Story, Jane)
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Filing 1786
STIPULATION of Dismissal With Prejudice of Third-Party Defendant Bay Mechanical & Electrical Corporation by PCS Phospate Company, Inc., PCS Phosphate Company, Inc. (Story, Jane)
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Filing 1785
STIPULATION of Dismissal With Prejudice of Defendant Buist Electric, Inc. by Consolidation Coal Company (Vanneman, Julie)
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Filing 1784
STIPULATION of Dismissal of Defendant Town of Louisburg by Duke Energy Progress, LLC. (Ovies, Kelli)
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Filing 1783
STIPULATION of Dismissal With Prejudice of Third-Party Defendant Truland Corporation by PCS Phospate Company, Inc., PCS Phosphate Company, Inc. (Story, Jane)
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Filing 1782
ORDER granting #1749 Motion for Relief from Liaison Counsel Duties - Signed by District Judge Louise Wood Flanagan on 1/14/2016. (Baker, C.)
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TEXT ORDER regarding #1779 Order - The court amends its order dated January 13, 2016, lodged on the docket at entry no. 1779 (5:08-CV-460) and no. 1770 (5:08-CV-463), to STRIKE reference to the special master's inquiry into payment issue described in the 10th report. As to the matter of some defendants not paying as required, where the entirety of the special master's fees and expenses are reported as having been paid, and there is no suggestion at present that any future fee or expense will not be satisfied, the court leaves to the parties to raise separately, if warranted, any issue concerning payment(s). Signed by District Judge Louise Wood Flanagan on 1/14/2016. (Baker, C.)
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Filing 1781
STIPULATION of Dismissal With Prejudice of Third-Party Defendant Tallahassee Memorial Healthcare, Inc. by PCS Phospate Company, Inc., PCS Phosphate Company, Inc. (Story, Jane)
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Filing 1780
STIPULATION of Dismissal With Prejudice of Defendant/Third-Party Defendant IES Commercial, Inc. by PCS Phospate Company, Inc., PCS Phosphate Company, Inc. (Story, Jane)
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Filing 1779
ORDER granting in part #1776 Motion for Extension of Time to File Responses - Responses to summary judgment motions due by 4/22/2016. The court finds good cause to extend the deadline for plaintiffs to respond to the moving defendants motions for summary judgment to April 22, 2016. At this time, the court declines to provide an alternative indefinite deadline contingent upon submission of a proposed consent decree with the court. The court DIRECTS the special master to continue, as recommended, in a limited "standby" status. The Special Master is DIRECTED to file an eleventh report within 90 days of the date of this order providing the status of settlement efforts now underway, including any changes in status from that reported in the tenth report. Signed by District Judge Louise Wood Flanagan on 1/13/2016. (Baker, C.)
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Filing 1778
REPLY to Response to Motion regarding #1776 MOTION for Extension of Time to File Response/Reply as to #1756 MOTION for Summary Judgment , #1755 MOTION for Summary Judgment , #1753 MOTION for Summary Judgment , #1754 MOTION for Summary Judgment , [175 filed by PCS Phospate Company, Inc., PCS Phosphate Company, Inc.. (Story, Jane)
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Motion Submitted to District Judge Louise Wood Flanagan - #1776 MOTION for Extension of Time to File Responses. (Baker, C.)
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Filing 1777
Memorandum in Opposition regarding #1776 MOTION for Extension of Time to File Response/Reply as to #1756 MOTION for Summary Judgment , #1755 MOTION for Summary Judgment , #1753 MOTION for Summary Judgment , #1754 MOTION for Summary Judgment , [175 filed by Broad River Electric Cooperative, Inc., Dixon Lumber Company, Inc., GKN Driveline North American, Inc., Sonoco Products Company, Unimin Corporation. (Fedder, Jane)
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Filing 1776
MOTION for Extension of Time to File Response as to #1756 MOTION for Summary Judgment, #1755 MOTION for Summary Judgment, #1753 MOTION for Summary Judgment, #1754 MOTION for Summary Judgment, #1752 MOTION for Summary Judgment filed by PCS Phospate Company, Inc., PCS Phosphate Company, Inc. (Attachments: #1 Text of Proposed Order) (Story, Jane)
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Filing 1775
STATUS REPORT - Tenth Report of Special Master by David Oscar Ledbetter. (Ledbetter, David)
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Motion Submitted to District Judge Louise Wood Flanagan - #1749 MOTION for Relief from Liaison Counsel Duties. (Baker, C.)
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Filing 1774
STIPULATION of Dismissal With Prejudice of Defendant Royal Street Junk Company, Inc. by PCS Phospate Company, Inc., PCS Phosphate Company, Inc. (Story, Jane)
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Filing 1773
STIPULATION of Dismissal With Prejudice of Defendant Caterpillar, Inc. by Consolidation Coal Company. (Vanneman, Julie)
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Filing 1772
Statement of Material Facts regarding #1756 MOTION for Summary Judgment , #1755 MOTION for Summary Judgment , #1753 MOTION for Summary Judgment , #1754 MOTION for Summary Judgment , #1752 MOTION for Summary Judgment filed by Broad River Electric Cooperative, Inc., Dixon Lumber Company, Inc., GKN Driveline North American, Inc., Sonoco Products Company, Unimin Corporation. (Attachments: #1 Appendix to the Joint Statement of Undisputed Material Facts) (Fedder, Jane)
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Filing 1771
STIPULATION of Dismissal of Koch Industries, Inc. by Duke Energy Progress, LLC. (Ovies, Kelli)
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Filing 1770
ORDER granting #1769 Motion for Extension of Time to File Response regarding #1754 MOTION for Summary Judgment, #1752 MOTION for Summary Judgment, #1753 MOTION for Summary Judgment, #1755 MOTION for Summary Judgment, and #1756 MOTION for Summary Judgment - Responses due by 2/1/2016. Signed by District Judge Louise Wood Flanagan on 12/23/2015. (Tripp, S.)
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Filing 1769
Consent MOTION for Extension of Time to File Response as to #1756 MOTION for Summary Judgment, #1755 MOTION for Summary Judgment, #1753 MOTION for Summary Judgment, #1754 MOTION for Summary Judgment, #1752 MOTION for Summary Judgment filed by PCS Phospate Company, Inc., PCS Phosphate Company, Inc. (Attachments: #1 Text of Proposed Order) (Story, Jane)
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Motion Submitted to District Judge Louise Wood Flanagan regarding #1769 Consent MOTION for Extension of Time to File Response/Reply. (Tripp, S.)
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Filing 1768
STIPULATION of Dismissal of Defendant Frontier Communications Corporation by Duke Energy Progress, LLC (Ovies, Kelli)
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Filing 1767
STIPULATION of Dismissal With Prejudice of Third-Party Defendant Saint Augustine's University by PCS Phospate Company, Inc., PCS Phosphate Company, Inc. (Story, Jane)
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TEXT ORDER - In light of the volume of materials filed in relation to the summary judgment motions now pending, the court directs the parties to provide to the court one set of courtesy copies of papers already filed, or to be filed, in support of or in opposition to the motions, within 14 days of the date of this order or the date of filing of such papers, whichever is later. Courtesy copies shall include all briefs and exhibits, except exhibits comprising unpublished cases. Courtesy copies shall be one-sided, tabbed, and secured with rubber bands or clips, but not placed in binders. Courtesy copies shall be delivered to the attention of the Clerk, U.S. District Court, 413 Middle St., New Bern, NC 28560. Signed by District Judge Louise Wood Flanagan on 12/18/2015. (Baker, C.)
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Filing 1766
STIPULATION of Dismissal With Prejudice of Defendant Cargill Incorporated by Consolidation Coal Company (Vanneman, Julie)
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Filing 1765
STIPULATION of Dismissal of Defendant International Paper Company by Duke Energy Progress, LLC (Ovies, Kelli)
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Filing 1764
STIPULATION of Dismissal With Prejudice of Third-Party Defendant Southern Alloy Corporation by PCS Phospate Company, Inc., PCS Phosphate Company, Inc. (Story, Jane)
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Filing 1763
STIPULATION of Dismissal with Prejudice of Third-Party Defendant GenCorp Inc. by PCS Phosphate Company, Inc. (Shipley, Curtis)
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Filing 1762
STIPULATION of Dismissal with Prejudice of Third-Party Defendant Riley Power Inc. by PCS Phosphate Company, Inc. (Shipley, Curtis)
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Filing 1761
STIPULATION of Dismissal of Defendant Alcoa Inc. by Duke Energy Progress, LLC (Ovies, Kelli)
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Filing 1760
STIPULATION of Dismissal of Defendant Electric Equipment Corporation of Virginia by Duke Energy Progress, LLC (Ovies, Kelli)
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Filing 1759
Notice of Additional Exhibits 21-49 filed by Broad River Electric Cooperative, Inc., Dixon Lumber Company, Inc., GKN Driveline North American, Inc., Sonoco Products Company, Unimin Corporation regarding #1757 Memorandum in Support. (Attachments: #1 Exhibit 21 - A-019167-75; A019177-84; WTO26078-84; EPA-WCR 00018012-15, #2 Exhibit 22 - WTO26073-75; EPA-WCR 00018017, #3 Exhibit 23 - Deposition excerpts of Susie Dixon Garner, #4 Exhibit 24 - G000306-309; G000323, #5 Exhibit 25 - Affidavit of Susie Dixon Garner, #6 Exhibit 26 - http://www.gkn.com/driveline/about-us/Pages/default.aspx, #7 Exhibit 27 - http://www.nj.gov/drbc/library/documents/PMP_Resources/Guidelines_PCBtransformers.pdf, #8 Exhibit 28 - WTO26863-868; A-011923-24; EPA00005608-10, #9 Exhibit 29 - WT031579; E017820-824, WT031589-90, WT031593-97; A-011048-49; EPA-WCR00005597-98; E018421-22; E018430, 33-34, #10 Exhibit 30 - U.S. v. NCR Corp., #11 Exhibit 31 - Unimin-Ward 00001-11; Unimin-Ward 00023-41, #12 Exhibit 32 - WTO28516, #13 Exhibit 33 - Deposition excerpts of Doug Losee, #14 Exhibit 34 - E005492- E00550; E005144-147, #15 Exhibit 35 - E005505-506, #16 Exhibit 36 - D000518, A-010503-508; WT031328-38, #17 Exhibit 37 - D002890-2894, #18 Exhibit 38 - A-014191, #19 Exhibit 39 - Sonoco-Ward-000005-09, #20 Exhibit 40 - (#1333) WT046277-78, (#1446) WT046282; (#1362) WT046270; and (#1822 or #1823) A006266, #21 Exhibit 41 - WTO46279-80, #22 Exhibit 42 - WTO46270-271, #23 Exhibit 43 - WTO46268, #24 Exhibit 44 - B011539-43; B00440-443, #25 Exhibit 45 - B011528-36, #26 Exhibit 46 - B04421, #27 Exhibit 47 - Deposition excerpts of Larry Pattengill, #28 Exhibit 48 - Brewer file document, #29 Exhibit 49 - Deposition excerpts of Douglas Wilson) (Fedder, Jane)
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Filing 1758
Notice of Additional Exhibits 10 - 20 filed by Broad River Electric Cooperative, Inc., Dixon Lumber Company, Inc., GKN Driveline North American, Inc., Sonoco Products Company, Unimin Corporation regarding #1757 Memorandum in Support. (Attachments: #1 Exhibit 10 - Deposition excerpts of Marvin Croson, #2 Exhibit 11 - Deposition excerpts of Benjamin Rappleyea, #3 Exhibit 12 - Deposition excerpts of Keith Reed, #4 Exhibit 13 - Deposition excerpts of Robert Ward III, #5 Exhibit 15 - Deposition excerpts of Gary Collison, #6 Exhibit 15 - Deposition excerpts of Joe Richard Brewer, #7 Exhibit 16 - Unpublished authority: Heim v. Heim, #8 Exhibit 17 - Unpublished authority: Veolia v. Hiltop, #9 Exhibit 18 - Expert rebuttal report of Neil Shifrin, #10 Exhibit 19 - Deposition excerpts of Neil Shifrin, #11 Exhibit 20 - Deposition excerpts of Steven Emsbo-Mattingly) (Fedder, Jane)
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Filing 1757
Memorandum in Support regarding #1753 MOTION for Summary Judgment, #1752 MOTION for Summary Judgment, #1756 MOTION for Summary Judgment, #1755 MOTION for Summary Judgment, #1754 MOTION for Summary Judgment, filed by Broad River Electric Cooperative, Inc., Dixon Lumber Company, Inc., GKN Driveline North American, Inc., Sonoco Products Company, Unimin Corporation. (Attachments: #1 Index of Exhibits, #2 Exhibit 1 - Expert Report of Allen Uhler, #3 Exhibit 2- Expert Report of Shahrokh Rouhani, #4 Exhibit 3- Expert Report of Steven Emsbo-Mattingly, #5 Exhibit 4 - Expert report of Neil Shifrin, #6 Exhibit 5 - unpublished authority: MEMC v. Goodgames, #7 Exhibit 6 - Deposition excerpts of Allen Uhler, #8 Exhibit 7 - Deposition excerpts of David Mauro, #9 Exhibit 8 - Deposition excerpts of Shahrokh Rouhani, #10 Exhibit 9 - Deposition excerpts of Frank Aguirre) (Fedder, Jane)
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Filing 1756
MOTION for Summary Judgment filed by Unimin Corporation. (Attachments: #1 Text of Proposed Order) (Fedder, Jane)
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Filing 1755
MOTION for Summary Judgment filed by Sonoco Products Company. (Attachments: #1 Text of Proposed Order) (Fedder, Jane)
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Filing 1754
MOTION for Summary Judgment filed by GKN Driveline North American, Inc. (Attachments: #1 Text of Proposed Order) (Fedder, Jane)
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Filing 1753
MOTION for Summary Judgment filed by Dixon Lumber Company, Inc. (Attachments: #1 Text of Proposed Order) (Fedder, Jane)
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Filing 1752
MOTION for Summary Judgment filed by Broad River Electric Cooperative, Inc. (Attachments: #1 Text of Proposed Order) (Fedder, Jane)
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Filing 1751
STIPULATION of Dismissal With Prejudice of Defendant BASF Corporation by Consolidation Coal Company. (Vanneman, Julie)
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Filing 1750
Memorandum in Support regarding #1749 MOTION for Relief from Liaison Counsel Duties filed by Johnson/Kerner Liaison Group. (Johnson, Keith)
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Filing 1749
MOTION for Relief from Liaison Counsel Duties filed by Johnson/Kerner Liaison Group. (Attachments: #1 Text of Proposed Order) (Johnson, Keith)
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Filing 1748
STIPULATION of Dismissal With Prejudice of Defendant Southland Electrical Supply, Inc. by PCS Phospate Company, Inc., PCS Phosphate Company, Inc. (Story, Jane)
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Filing 1747
STIPULATION of Dismissal With Prejudice of Defendant Danny Corp. by PCS Phospate Company, Inc., PCS Phosphate Company, Inc. (Story, Jane)
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Filing 1746
STIPULATION of Dismissal as to Defendant Southland Electrical Supply, Inc. by Duke Energy Progress, LLC (Ovies, Kelli)
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Filing 1745
STIPULATION of Dismissal as to Defendant Danny Corp. by Duke Energy Progress, LLC (Ovies, Kelli)
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Filing 1744
ORDER granting #1741 Motion to Withdraw as Attorney - Attorney William H. Gifford, Jr. terminated as Local Civil Rule 83.1 counsel of record for G&S Motor Equipment Company, Inc. Signed by District Judge Louise Wood Flanagan on 12/2/2015. (Baker, C.)
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Filing 1743
STIPULATION of Dismissal With Prejudice of Defendant Weyerhaeuser Company by Consolidation Coal Company. (Vanneman, Julie)
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Filing 1742
STIPULATION of Dismissal With Prejudice of Defendant Bruce and Merrilees Electric Company by PCS Phospate Company, Inc., PCS Phosphate Company, Inc. (Story, Jane)
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Motion Submitted to District Judge Louise Wood Flanagan - #1741 MOTION to Withdraw as Attorney. (Baker, C.)
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Filing 1741
MOTION to Withdraw as Attorney filed by G&S Motor Equipment Company, Inc. (Attachments: #1 Text of Proposed Order) (Gifford, William)
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Filing 1740
STIPULATION of Dismissal With Prejudice of Third-Party Defendant J.C. Blair Memorial Hospital by PCS Phospate Company, Inc., PCS Phosphate Company, Inc. (Story, Jane)
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Filing 1739
STIPULATION of Dismissal of Defendant Pactiv Corporation by Duke Energy Progress, LLC. (Ovies, Kelli)
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Filing 1738
STIPULATION of Dismissal With Prejudice of Defendant PPL Electric Utilities Corporation by Consolidation Coal Company. (Vanneman, Julie)
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Filing 1737
STIPULATION of Dismissal With Prejudice of Defendant Gladieux Trading & Marketing Company, L.P. by PCS Phospate Company, Inc., PCS Phosphate Company, Inc. (Story, Jane)
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Filing 1736
STIPULATION of Dismissal With Prejudice of Third-Party Defendant Batesville Casket Company, Inc. by PCS Phospate Company, Inc., PCS Phosphate Company, Inc. (Story, Jane)
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Filing 1735
STIPULATION of Dismissal With Prejudice of Defendant Tredegar Film Products Corporation by PCS Phospate Company, Inc., PCS Phosphate Company, Inc. (Story, Jane)
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Filing 1734
STIPULATION of Dismissal With Prejudice of Defendant Green Circle Growers, Inc. by PCS Phospate Company, Inc., PCS Phosphate Company, Inc. (Story, Jane)
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Filing 1733
STIPULATION of Dismissal of Defendant Blue Ridge Electric Cooperative, Inc. by Duke Energy Progress, LLC. (Ovies, Kelli)
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Filing 1732
STIPULATION of Dismissal of Defendant United Technologies Corporation, Pratt & Whitney Division by Duke Energy Progress, LLC. (Ovies, Kelli)
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Filing 1731
STIPULATION of Dismissal of Defendant G&S Motor Equipment Company, Inc. by Duke Energy Progress, LLC. (Ovies, Kelli)
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Filing 1730
STIPULATION of Dismissal With Prejudice of Defendant Arkema, Inc. by Consolidation Coal Company. (Vanneman, Julie)
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Filing 1729
STIPULATION of Dismissal With Prejudice of Defendant Duquesne Light Company by Consolidation Coal Company. (Vanneman, Julie)
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Filing 1728
STIPULATION of Dismissal With Prejudice of Defendant Jessop Steel, L.L.C. by Consolidation Coal Company. (Vanneman, Julie)
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Filing 1727
STIPULATION of Dismissal of Defendant Washington Suburban Sanitary Commission by Duke Energy Progress, LLC. (Ovies, Kelli)
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Filing 1726
STIPULATION of Dismissal of Defendant Tri-State Armature & Electrical Works, Inc. by Duke Energy Progress, LLC. (Ovies, Kelli)
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Filing 1725
STIPULATION of Dismissal of Defendant St. Joseph Medical Center, Inc. by Duke Energy Progress, LLC. (Ovies, Kelli)
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Filing 1724
STIPULATION of Dismissal of Defendant Glenwood Regional Medical Center by Duke Energy Progress, LLC. (Ovies, Kelli)
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Filing 1723
STIPULATION of Dismissal of Defendant Electric Control Equipment Company by Duke Energy Progress, LLC. (Ovies, Kelli)
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Filing 1722
AMENDED DOCUMENT by Duke Energy Progress, LLC. Amendment to #1700 Stipulation of Dismissal of Defendant CGX Energy, LLC (f/k/a Cogentrix Energy, LLC, f/k/a Cogentrix Energy, Inc.). (Ovies, Kelli)
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Filing 1721
STIPULATION of Dismissal of Defendant Duke Energy Carolinas, LLC by Duke Energy Progress, LLC. (Ovies, Kelli)
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Filing 1720
STIPULATION of Dismissal of Defendant Warren Electric Cooperative, Inc. by Duke Energy Progress, LLC. (Ovies, Kelli)
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Filing 1719
STIPULATION of Dismissal of Defendant Ventech Equipment, Inc. by Duke Energy Progress, LLC. (Ovies, Kelli)
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Filing 1718
STIPULATION of Dismissal of Defendant Union Electric Company d/b/a Ameren Missouri by Duke Energy Progress, LLC. (Ovies, Kelli)
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Filing 1717
STIPULATION of Dismissal of Defendant Sumter Electric Cooperative, Inc. d/b/a SECO Energy by Duke Energy Progress, LLC. (Ovies, Kelli)
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Filing 1716
STIPULATION of Dismissal of Defendant South Central Power Company by Duke Energy Progress, LLC. (Ovies, Kelli)
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Filing 1715
STIPULATION of Dismissal of Defendant Potomac Electric Power Company by Duke Energy Progress, LLC. (Ovies, Kelli)
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Filing 1714
STIPULATION of Dismissal of Defendant P.C. Campana, Inc. by Duke Energy Progress, LLC. (Ovies, Kelli)
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Filing 1713
STIPULATION of Dismissal of Defendant Occidental Chemical Corporation by Duke Energy Progress, LLC. (Ovies, Kelli)
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Filing 1712
STIPULATION of Dismissal of Defendant NL Industries, Inc. by Duke Energy Progress, LLC. (Ovies, Kelli)
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Filing 1711
STIPULATION of Dismissal of Defendant MidAmerican Energy Company by Duke Energy Progress, LLC. (Ovies, Kelli)
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Filing 1710
STIPULATION of Dismissal of Defendant Kingsport Power Company by Duke Energy Progress, LLC. (Ovies, Kelli)
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Filing 1709
STIPULATION of Dismissal of Defendant Jet Electric Motor Co., Inc. by Duke Energy Progress, LLC. (Ovies, Kelli)
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Filing 1708
STIPULATION of Dismissal of Defendant Huntsville Utilities by Duke Energy Progress, LLC. (Ovies, Kelli)
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Filing 1707
STIPULATION of Dismissal of Defendant Holladay Property Services Midwest, Inc. by Duke Energy Progress, LLC. (Ovies, Kelli)
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Filing 1706
STIPULATION of Dismissal of Defendant Haines & Kibblehouse, Inc. by Duke Energy Progress, LLC. (Ovies, Kelli)
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Filing 1705
STIPULATION of Dismissal of Defendant General Extrusions, Inc. by Duke Energy Progress, LLC. (Ovies, Kelli)
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Filing 1704
STIPULATION of Dismissal of Defendant Florida Power & Light Company by Duke Energy Progress, LLC. (Ovies, Kelli)
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Filing 1703
STIPULATION of Dismissal of Defendant East Kentucky Power Cooperative, Inc. by Duke Energy Progress, LLC. (Ovies, Kelli)
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Filing 1702
STIPULATION of Dismissal of Defendant Delmarva Power & Light Company by Duke Energy Progress, LLC. (Ovies, Kelli)
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Filing 1701
STIPULATION of Dismissal of Defendant ConocoPhillips Company d/b/a Phillips 66 by Duke Energy Progress, LLC. (Ovies, Kelli)
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Filing 1700
STIPULATION of Dismissal of CGX Energy, LLC (f/k/a Cogentrix Energy, LLC, f/k/a Cogentrix Energy, Inc.) by Duke Energy Progress, LLC. (Ovies, Kelli)
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Filing 1699
STIPULATION of Dismissal of Defendant CBS Corporation by Duke Energy Progress, LLC. (Ovies, Kelli)
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Filing 1698
STIPULATION of Dismissal of Defendant Atlantic City Electric Company by Duke Energy Progress, LLC. (Ovies, Kelli)
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Filing 1697
STIPULATION of Dismissal of Defendant Appalachian Power Company by Duke Energy Progress, LLC. (Ovies, Kelli)
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Filing 1696
STIPULATION of Dismissal of Defendant Alcan Primary Products Corporation by Duke Energy Progress, LLC. (Ovies, Kelli)
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Filing 1695
STIPULATION of Dismissal With Prejudice of Third-Party Defendant Mass. Electric Construction Co. by PCS Phospate Company, Inc., PCS Phosphate Company, Inc.. (Story, Jane)
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Filing 1694
STIPULATION of Dismissal With Prejudice of Third-Party Defendant National Railroad Passenger Corporation by PCS Phospate Company, Inc., PCS Phosphate Company, Inc.. (Story, Jane)
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TEXT ORDER regarding #1601 Order - Notwithstanding any contrary provisions in paragraphs 6 and 7 of the court's 14 May 2015 order (D.E. 1601 (No. 460 case); D.E. 1593 (No. 463 case)), attendance and other arrangements for settlement meetings and conferences with the United States (including but not limited to attendance by counsel for parties previously designated as "active participants") may be determined by the United States and the parties in consultation with the special master. The court finds that such flexibility regarding arrangements would, in light of developments since entry of the order, facilitate settlement negotiations with the United States. Signed by U.S. Magistrate Judge James E. Gates on 10/5/2015. (Baker, C.)
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Filing 1693
ORDER regarding #1692 Ninth Status Report filed by David O. Ledbetter - Signed by District Judge Louise Wood Flanagan on 10/1/2015. (Baker, C.)
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Filing 1692
STATUS REPORT Ninth Report of Special Master by David O Ledbetter. (Ledbetter, David)
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NOTICE OF CORRECTION regarding #1690 Order Modifying the Attendance Requirements for Certain Parties for the Second Settlement Sessions sealed on September 18. 2015 - Where need for maintenance of continued sealing of this entry has expired, and under the direction of U.S. Magistrate Judge James E. Gates, the clerk's office has unsealed this order. (Baker, C.)
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Filing 1691
ORDER granting #1663 Joint MOTION Allow Stipulations of Dismissal to be Signed Only by Plaintiffs and Dismissed Party - Signed by Magistrate Judge James E. Gates on 09/22/2015. (Baker, C.)
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Filing 1690
ORDER Modifying the Attendance Requirements for Certain Parties for the Second Settlement Sessions - Signed by Magistrate Judge James E. Gates on 09/18/2015. (Baker, C.) Modified on 9/18/2015 to provisionally seal entry. (Baker, C.)
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Filing 1689
ORDER regarding #1687 Response filed by Bruce-Merrilees Electric Company as to #1685 Order to Show Cause - The court is satisfied that no sanctions should be imposed. All issues presented by the show cause order having been resolved, the proceedings on such order are hereby CONCLUDED. Signed by Magistrate Judge James E. Gates on 09/18/2015. (Baker, C.)
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TEXT ORDER - These consolidated cases come before the court to address modifications that may be sought in the attendance schedule for the second settlement session to be conducted in Raleigh, North Carolina on 24-25 September 2015 that was set forth in Paragraph 2 of the court's 17 September 2015 order (Order) (D.E. 1688 (No. 460 case); D.E. 1679 (No. 463 case)). With the exception of the in-person attendance requirement and subject to Paragraph 3 of the Order, the Special Master is authorized to make any adjustments in the attendance schedule in Paragraph 2 of the Order that he deems appropriate to facilitate settlement discussions. Signed by Magistrate Judge James E. Gates on 09/18/2015. (Baker, C.)
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NOTICE OF CORRECTION regarding #1690 ORDER Modifying the Attendance Requirements for Certain Parties for the Second Settlement Sessions - Pursuant to directive received from U.S. Magistrate Judge James E. Gate, the entry has been provisionally SEALED by the clerk until further notice. (Baker, C.)
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Filing 1688
ORDER granting #1674 MOTION To Be Excused from Second Settlement Conference Sessions; denying #1675 MOTION To Be Excused from Second Settlement Conference Sessions; granting #1676 MOTION To Be Excused from Second Settlement Conference Sessions; granting #1677 MOTION To Be Excused from Second Settlement Conference Sessions; granting #1678 MOTION To Be Excused from Second Settlement Conference Sessions; granting #1680 MOTION To Be Excused from Second Settlement Conference Sessions; granting #1681 Motion To Be Excused from Settlement Conference Sessions; granting #1682 MOTION To Be Excused from Second Settlement Conference Sessions; granting in part and denying in part #1683 MOTION To Be Excused from Second Settlement Conference Sessions - Counsel should read the attached order in its entirety for additional critical details and information. Signed by U.S. Magistrate Judge James E. Gates on 09/17/2015. (Baker, C.)
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Filing 1687
RESPONSE to Order regarding #1685 Order to Show Cause filed by Bruce-Merrilees Electric Company. (DeGeorge, R.)
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Motions Referred to US Magistrate Judge James E. Gates - #1681 MOTION to Excuse In-Person Attendance at Settlement Sessions, #1682 MOTION Request to be Excused From the Requirements for In-Person Attendance at Settlement Conference, #1677 MOTION to Excuse In-Person Attendance at Settlement Sessions, #1674 MOTION of Third Party Defendant Truland Corporation to be Excused from In-Person Attendance at Settlement Sessions, #1679 MOTION to be excused from in-person attendance at 9-24 and 9-25 settlement conference, #1676 MOTION to be Excused from Participation at Settlement Conference, #1680 MOTION to be Excused from In-Person Participation in Settlement Conferences, #1678 MOTION to Excuse in-Person Attendance at September 24-25, 2015 Settlement Session, #1683 MOTION To Be Excused from Attendance at Settlement Sessions, #1675 MOTION to be excused from Second Settlement Conference Sessions. Motions referred to James E. Gates. (Baker, C.)
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Filing 1686
Proposed Order regarding #1684 MOTION Excusal Proposed Order, Amended, filed by Truland Corporation. (Redmond, Robert)
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Notice to Counsel regarding #1673 Notice of Appearance for non-district counsel by Erik R. Zimmerman on behalf of Bruce-Merrilees Electric Company - This document's caption lends itself to filing in related case 5:08-CV-463-FL. and counsel must also file it in that related case for consideration in that matter. (Baker, C.)
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Filing 1685
ORDER TO SHOW CAUSE (as to defendant Bruce-Merrilees Electric Company) - Defendant shall file no later than Friday, 18 September 2015, a memorandum in response to this Order explaining why the court should not fine or otherwise sanction (1) defendant and/or defendant's attorney for failure of a party representative for defendant to attend the settlement session and (2) defendant's counsel for his failure to properly prepare for the settlement session. The memorandum shall be signed by lead counsel for defendant in this case and the attorney who appeared for defendant at the settlement session. Signed by Magistrate Judge James E. Gates on 09/11/2015. (Baker, C.)
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Filing 1684
Proposed Order regarding #1674 MOTION to Be Excused from Settlement Conference filed by Truland Corporation. (Redmond, Robert) Modified on 9/9/2015 to terminate erroneous motion event and clarify docket entry text. (Baker, C.)
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Filing 1683
MOTION To Be Excused from Attendance at Settlement Sessions filed by The North Carolina Granite Corporation. (Attachments: #1 Text of Proposed Order) (Jacobson, Denis)
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Filing 1682
MOTION Request to be Excused From the Requirements for In-Person Attendance at Settlement Conference filed by Bay Mechanical & Electrical Corporation. (Attachments: #1 Text of Proposed Order) (Savidge, Keith)
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Filing 1681
MOTION to Excuse In-Person Attendance at Settlement Sessions filed by Royal Street Junk Company, Inc. (Attachments: #1 Text of Proposed Order on Motion to Excuse In-Person Attendance at Settlement Sessions) (Wellman, Jacob)
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NOTICE OF CORRECTION regarding #1684 Motion for Excusal - This is not a motion. This is a proposed order related to an underlying motion at docket entry #1674 . The clerk has corrected the deficiency in this instance. (Baker, C.)
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Filing 1680
MOTION Unopposed to be Excused from In-Person Participation in Settlement Conferences filed by CHRISTUS Health of Northern Louisiana filed by Christus Health. (Attachments: #1 Text of Proposed Order) (Renbarger, Robert)
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Filing 1679
MOTION To Be Excused From In-Person Attendance at 9-24 and 9-25 Settlement Conference filed by Broad River Electric Cooperative, Inc., Dixon Lumber Company, Inc., GKN Driveline North American, Inc., Pharmacia Corporation, Sonoco Products Company, Unimin Corporation. (Attachments: #1 Text of Proposed Order) (Fedder, Jane)
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Filing 1678
MOTION to Excuse in-Person Attendance at September 24-25, 2015 Settlement Session filed by Green Circle Growers, Inc. (Attachments: #1 Text of Proposed Order) (Knapp, Amanda)
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Filing 1677
MOTION to Excuse In-Person Attendance at Settlement Sessions filed by Guernsey-Muskingum Electric Cooperative Inc. (Attachments: #1 Text of Proposed Order) (Chapman, Trischa)
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Filing 1676
MOTION To Be Excused from Participation at Settlement Conference filed by Tallahassee Memorial Healthcare, Inc. (Attachments: #1 Text of Proposed Order) (Spurgeon, Susan)
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Filing 1675
MOTION To Be Excused from Second Settlement Conference Sessions filed by Riley Power Inc. (Attachments: #1 Text of Proposed Order) (Friesen, Bradley)
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Filing 1674
MOTION of Third Party Defendant Truland Corporation to be Excused from In-Person Attendance at Settlement Sessions, for September 24-25, 2015 filed by Truland Corporation. (Redmond, Robert)
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Filing 1673
Notice of Appearance for non-district counsel by Erik R. Zimmerman on behalf of Bruce-Merrilees Electric Company. (Zimmerman, Erik)
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Filing 1672
ORDER granting #1671 Motion Filed by Alcoa Inc. to be Excused from In-Person Participation in Settlement Conference - Signed by Magistrate Judge James E. Gates on 08/31/2015. (Baker, C.)
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Filing 1671
MOTION to be Excused from In-Person Participation in Settlement Conference filed by Alcoa Inc.. (Attachments: #1 Text of Proposed Order) (Boenning, Franklin)
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Filing 1670
ORDER granting #1669 MOTION to Be Excused from Attendance at Settlement Conferences - Signed by Magistrate Judge James E. Gates on 8/28/2015. (Tripp, S.)
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MOTION REFERRED to U.S. Magistrate Judge James E. Gates: #1671 MOTION to be Excused from In-Person Participation in Settlement Conference. (Tripp, S.)
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Filing 1669
MOTION to Be Excused from Attendance at Settlement Conferences filed by Kraft Foods Global, Inc.. (Attachments: #1 Text of Proposed Order) (Camerson, Donald)
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MOTION REFERRED to U.S. Magistrate Judge to James E. Gates: #1669 MOTION to Be Excused from Attendance at Settlement Conferences. (Tripp, S.)
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Filing 1668
ORDER regarding various Motions to be Excused from Attendance at Settlement Conferences - Counsel should read attached order in its entirety for critical information. Signed by Magistrate Judge James E. Gates on 8/26/2015. (Tripp, S.)
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MOTIONS REFERRED to U.S. Magistrate Judge James E. Gates: #1667 MOTION for Leave to File Motion to be Excused from Attendance at Settlement Sessions and #1666 MOTION to Be Excused From Attendance at Settlement Conferences. (Tripp, S.)
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Motion No Longer Submitted to District Judge Louise Wood Flanagan. Motion REFERRED to U.S. Magistrate Judge James E. Gates: #1663 Joint MOTION Allow Stipulations of Dismissal to be Signed Only by Plaintiffs and Dismissed Party. (Tripp, S.)
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Filing 1667
MOTION for Leave to File Motion to be Excused from Attendance at Settlement Sessions filed by Koch Industries, Inc. (Attachments: #1 Text of Proposed Order Proposed Order Granting Motion for Leave, #2 Exhibit Proposed Motion to be Excused from Attendance at Settlement Sessions) (Weslander, John)
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Filing 1666
MOTION to Be Excused From Attendance at Settlement Conferences filed by Novartis Corporation. (Attachments: #1 Text of Proposed Order) (McManus, Keith)
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Filing 1665
Notice filed by Georgia-Pacific, LLC regarding #1643 Joint MOTION to Be Excused From Requirement of In-Person Attendance at Settlement Sessions and its agreement to settle. (Waldron, Jonathan)
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Remark - #1665 Notice referred to U.S. Magistrate Judge James E. Gates. (Tripp, S.)
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MOTIONS REFERRED to U.S. Magistrate Judge James E. Gates: #1630 MOTION Request to be Excused from the Requirements for In-Person Attendance at Settlement Sessions, #1654 MOTION to be Excused from Attendance at Settlement Conferences, #1657 MOTION to be Excused from Requirements of Attendance at Settlement Conference, #1658 MOTION to be Excused from Attendance at Settlement Conferences, #1655 MOTION to be Excused from Attendance at Settlement Conferences, #1660 MOTION to Amend/Correct #1643 Joint MOTION to Be Excused From Requirement of In-Person Attendance at Settlement Sessions to provide supplemental information, #1659 MOTION to be Excused from Attendance at Settlement Conferences, #1637 MOTION to Be Excused from In-Person Attendance at Settlement Sessions, #1639 MOTION To Be Excused From In-Person Party Representative Attendance at Settlement Conference regarding Text Order, #1624 MOTION of Third Party Defendant Truland Corporation to be Excused from In-Person Attendance at Settlement Sessions, #1623 MOTION To Be Excused from In-Person Attendance at Settlement Conference regarding Text Order, #1618 MOTION to be Excused from Requirements for In-Person Attendance at Settlement Sessions, #1649 MOTION to Excuse In-Person Attendance of Party Representative and Local Counsel at Settlement Sessions, #1634 MOTION Unopposed Motion to be Excused From In-Person Participation in Settlement Conferences, #1645 MOTION To Be Excused from Requirement of In-Person Attendance at Settlement Sessions, #1647 MOTION to Be Excused from the Requirements of In-Person Attendance at Settlement Sessions, #1617 MOTION William Pollock's Motion To Be Excused From Settlement Sessions regarding Text Order, #1632 MOTION to be Excused from the Requirement for In-Person Attendance at the Settlement Sessions, #1644 MOTION Excuse Client Representative From In-Person Attendance at September 1-2, 2015 Settlement Session, #1627 MOTION For representative to be excused from attending settlement session, #1641 MOTION To be excused in part from in-person mediation attendance, #1625 MOTION to excuse Defendants Arkema, Inc.; BASF Corporation; Duquesne Light Company; Jessop Steel, LLC; PPL Electric Utilities, Inc.; Tredegar Film Products Corporation; and Weyerhaeuser Company from the in-person attendance requirements for the Septem, #1628 MOTION to be excused from in-person attendance at the settlement conference, #1621 Joint MOTION To Be Excused From In-Person Attendance at ADR Sessions, #1626 Joint MOTION Requesting to be Excused From the Requirement to Attend the In-Person Settlement Sessions, #1642 First MOTION Excuse from requirement of in-person attendance at settlement sessions, #1643 Joint MOTION to Be Excused From Requirement of In-Person Attendance at Settlement Sessions, #1635 MOTION Huntsville Utilities Motion to Be Excused from In-Person Attendance at Settlement Sessions, #1622 MOTION Excuse from requirement of in-person attendance, #1640 MOTION to be Excused from the Requirements for In-Person Attendance at Settlement Session, #1610 MOTION to be Excused from In-Person Attendance at Settlement Sessions, #1613 MOTION to be Excused from the in-person Attendance Requirement at the Settlement Sessions, #1638 MOTION to Be Excused from In-Person Attendance at Settlement Sessions, #1656 MOTION to be Excused from Requirements of Attendance at Settlement Conference, #1615 MOTION to Be Excused from the Requirements for In-Person Attendance at Settlement Sessions, #1648 MOTION to be excused from in-person attendance at settlement sessions. (Tripp, S.)
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Filing 1664
Memorandum in Support regarding #1663 Joint MOTION Allow Stipulations of Dismissal to be Signed Only by Plaintiffs and Dismissed Party filed by PCS Phospate Company, Inc., PCS Phosphate Company, Inc.. (Story, Jane)
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Filing 1663
Joint MOTION Allow Stipulations of Dismissal to be Signed Only by Plaintiffs and Dismissed Party filed by PCS Phospate Company, Inc., PCS Phosphate Company, Inc.. (Attachments: #1 Text of Proposed Order) (Story, Jane)
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Motion Submitted to District Judge Louise Wood Flanagan: #1663 Joint MOTION Allow Stipulations of Dismissal to be Signed Only by Plaintiffs and Dismissed Party. (Tripp, S.)
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Filing 1662
Notice filed by IES Commercial, Inc., and/or Integrated Electrical Services, Inc., Robert Bosch LLC, Santee Electric Cooperative, Inc. Notice of Clarification. (Hartley, Joan)
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Filing 1661
RESPONSE in Opposition regarding #1630 MOTION Request to be Excused from the Requirements for In-Person Attendance at Settlement Sessions , #1657 MOTION to be Excused from Requirements of Attendance at Settlement Conference , #1639 MOTION To Be Excused From In-Person Party Representative Attendance at Settlement Conference regarding Text Order,,, , #1624 MOTION of Third Party Defendant Truland Corporation to be Excused from In-Person Attendance at Settlement Sessions,, #1649 MOTION to Excuse In-Person Attendance of Party Representative and Local Counsel at Settlement Sessions, #1645 MOTION To Be Excused from Requirement of In-Person Attendance at Settlement Sessions , #1644 MOTION Excuse Client Representative From In-Person Attendance at September 1-2, 2015 Settlement Session , #1627 MOTION For representative to be excused from attending settlement session , #1628 MOTION to be excused from in-person attendance at the settlement conference , #1656 MOTION to be Excused from Requirements of Attendance at Settlement Conference filed by Duke Energy Progress, LLC. (Attachments: #1 Exhibit A - Sales Only Parties Offered Dismissals, #2 Exhibit B - Parties with Pending Settlements) (Ovies, Kelli)
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Filing 1660
MOTION to Amend/Correct #1643 Joint MOTION to Be Excused From Requirement of In-Person Attendance at Settlement Sessions to provide supplemental information filed by Cargill, Incorporated, Delmarva Power & Light Company, Florida Power & Light Company, Georgia-Pacific, LLC, Atlantic City Electric Company, Occidental Chemical Corporation, Potomac Electric Power Company. (Waldron, Jonathan)
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NOTICE OF CORRECTION regarding #1651 NOTICE, #1652 NOTICE, and #1653 NOTICE - When filing a document that seeks relief from the court, the filer must utilize a "Motion" event. The clerk's office has corrected the deficiency for these entries in this limited instance. (Baker, C.)
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Filing 1659
MOTION to be Excused from Attendance at Settlement Conferences filed by IES Commercial, Inc., and/or Integrated Electrical Services, Inc.. (Attachments: #1 Text of Proposed Order) (Hartley, Joan)
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Filing 1658
MOTION to be Excused from Attendance at Settlement Conferences filed by Santee Electric Cooperative, Inc.. (Attachments: #1 Text of Proposed Order) (Hartley, Joan)
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Filing 1657
MOTION to be Excused from Requirements of Attendance at Settlement Conference filed by Bedford Rural Electric Cooperative Inc.. (Attachments: #1 Text of Proposed Order) (Hartley, Joan)
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Filing 1656
MOTION to be Excused from Requirements of Attendance at Settlement Conference filed by The National Lime and Stone Company. (Attachments: #1 Text of Proposed Order) (Hartley, Joan)
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Filing 1655
MOTION to be Excused from Attendance at Settlement Conferences filed by Warren Electric Cooperative, Inc.. (Attachments: #1 Text of Proposed Order) (Hartley, Joan)
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Filing 1654
MOTION to be Excused from Attendance at Settlement Conferences filed by Robert Bosch LLC. (Attachments: #1 Text of Proposed Order) (Hartley, Joan)
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Filing 1653
*DOCUMENT CORRECTED AND REFILED AT DOCKET ENTRY #1654 * - MOTION to be Excused from Attendance at Settlement Conferences filed by Robert Bosch LLC. (Attachments: #1 Text of Proposed Order) (Hartley, Joan) Modified on 8/19/2015 to open pending motion event and clarify docket entry text. (Baker, C.) Modified on 8/21/2015 to insert refiling information. (Baker, C.)
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Filing 1652
*DOCUMENT CORRECTED AND REFILED AT DOCKET ENTRY #1659 * - MOTION to be Excused from Attendance at Settlement Conferences filed by IES Commercial, Inc., and/or Integrated Electrical Services, Inc. (Attachments: #1 Text of Proposed Order) (Hartley, Joan) Modified on 8/19/2015 to open pending motion event and clarify docket entry text. (Baker, C.) Modified on 8/21/2015 to insert refiling information. (Baker, C.)
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Filing 1651
*DOCUMENT CORRECTED AND REFILED AT DOCKET ENTRY #1658 * - MOTION to be Excused from Attendance at Settlement Conferences filed by Santee Electric Cooperative, Inc.(Attachments: #1 Text of Proposed Order) (Hartley, Joan) Modified on 8/19/2015 to open pending motion event and clarify docket entry text. (Baker, C.) Modified on 8/21/2015 to insert refiling information. (Baker, C.)
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Filing 1650
MOTION Supplement to Motion to Be Excused from In-Person Attendance at Settlement Sessions filed by Alcan Primary Products Corporation. (Attachments: #1 Text of Proposed Order) (Bennett, Joshua)
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Filing 1649
MOTION to Excuse In-Person Attendance of Party Representative and Local Counsel at Settlement Sessions filed by Guernsey-Muskingum Electric Cooperative Inc.. (Attachments: #1 Text of Proposed Order) (Chapman, Trischa)
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Filing 1648
MOTION to be excused from in-person attendance at settlement sessions filed by Ventech Engineers, Inc., and/or Ventech Process Equipment, Inc. and/or Ventech Equipment Inc. and/or The Ventech Companies. (Attachments: #1 Text of Proposed Order proposed Order) (Wojciechowski, Marc)
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Filing 1647
MOTION to Be Excused from the Requirements of In-Person Attendance at Settlement Sessions filed by Duke Energy Carolinas, LLC. (Attachments: #1 Text of Proposed Order) (Green, Stanley)
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Filing 1646
SUPPLEMENT to #1624 Motion to Be Excused from In-Person Attendance at Settlement Sessions filed by Truland Corporation. (Redmond, Robert) Modified on 8/19/2015 to terminate pending motion event and clarify docket entry text. (Baker, C.)
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Filing 1645
MOTION To Be Excused from Requirement of In-Person Attendance at Settlement Sessions filed by The North Carolina Granite Corporation. (Attachments: #1 Text of Proposed Order) (Southerland, Jeffrey)
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Filing 1644
MOTION Excuse Client Representative From In-Person Attendance at September 1-2, 2015 Settlement Session filed by Green Circle Growers, Inc.. (Attachments: #1 Exhibit A - Declaration of Anthony Lucarell, #2 Text of Proposed Order) (Knapp, Amanda)
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Filing 1643
Joint MOTION to Be Excused From Requirement of In-Person Attendance at Settlement Sessions filed by Cargill, Incorporated, Delmarva Power & Light Company, Florida Power & Light Company, Georgia-Pacific, LLC, Atlantic City Electric Company, Occidental Chemical Corporation, Potomac Electric Power Company. (Attachments: #1 Proposed Order) (Waldron, Jonathan)
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Filing 1642
First MOTION Excuse from requirement of in-person attendance at settlement sessions filed by Union Electric Company. (Attachments: #1 Text of Proposed Order Proposed Order) (King, Katherine)
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Filing 1641
MOTION To be excused in part from in-person mediation attendance filed by Carr and Duff, Inc.. (Attachments: #1 Text of Proposed Order) (Lewis, E.)
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Filing 1640
MOTION to be Excused from the Requirements for In-Person Attendance at Settlement Session filed by Barnes & Powell Electrical Company, Inc.. (Attachments: #1 Text of Proposed Order) (Smith, M.)
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Filing 1639
MOTION To Be Excused From In-Person Party Representative Attendance at Settlement Conference regarding Text Order,,, filed by Riley Power Inc.. (Attachments: #1 Text of Proposed Order Proposed Order) (Friesen, Bradley)
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Filing 1638
MOTION to Be Excused from In-Person Attendance at Settlement Sessions filed by J. C. Blair Memorial Hospital. (Attachments: #1 Text of Proposed Order Order on Motion to Be Excused from In-Person Attendance at Settlement Sessions) (Risinger, Bradley)
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Filing 1637
MOTION to Be Excused from In-Person Attendance at Settlement Sessions filed by National Railroad Passenger Corporation. (Attachments: #1 Text of Proposed Order Order on Motion to Be Excused from In-Person Attendance at Settlement Sessions) (Risinger, Bradley)
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Filing 1636
Supplemental to #1615 MOTION to Be Excused from the Requirements for In-Person Attendance at Settlement Sessions filed by Cogentrix Energy, LLC. (Brillault, Megan) Modified on 8/18/2015 to terminate motion event and clarify docket entry text. (Baker, C.)
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Filing 1635
MOTION Huntsville Utilities Motion to Be Excused from In-Person Attendance at Settlement Sessions filed by Huntsville Utilities. (Attachments: #1 Text of Proposed Order Proposed Order) (Voelker, Nicholas)
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Filing 1634
MOTION Unopposed Motion to be Excused From In-Person Participation in Settlement Conferences filed by Batesville Casket Company. (Attachments: #1 Text of Proposed Order Proposed Order Granting Unopposed Motion to be Excused From In-Person Participation in Settlement Conferences) (Mullican, Valerie)
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Filing 1633
Supplemental to #1613 MOTION to be Excused from the in-person Attendance Requirement at the Settlement Sessions filed by Alcan Primary Products Corporation. (Bennett, Richard) Modified on 8/18/2015 to terminate pending motion event and clarify docket entry text. (Baker, C.)
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Filing 1632
MOTION to be Excused from the Requirement for In-Person Attendance at the Settlement Sessions filed by Caterpillar Inc.. (Attachments: #1 Text of Proposed Order Proposed Order) (Cronin, Julie)
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Filing 1631
Notice filed by N.L. Industries, Inc. regarding #1610 MOTION to be Excused from In-Person Attendance at Settlement Sessions (Supplement to Motion to be Excused). (Herz, Joel)
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Filing 1630
MOTION Request to be Excused from the Requirements for In-Person Attendance at Settlement Sessions filed by Bay Mechanical & Electrical Corporation. (Attachments: #1 Order) (Savidge, Keith)
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Filing 1629
Memorandum in Support regarding #1628 MOTION to be excused from in-person attendance at the settlement conference scheduled for September 1 and 2, 2015 filed by Blue Ridge Electric Cooperative, Inc., Broad River Electric Cooperative, Inc., Consumers Energy Company, Danny Corporation, Dixon Lumber Company, Inc., Electric Control Equipment Co., GKN Driveline North American, Inc., Gladieux Trading & Marketing Co., LP, and/or Limited Corporation, Glenwood Resolution Authority, Inc., LWB Refractories Company, Pharmacia Corporation, Sonoco Products Company, Southland Electrical Supply, Inc., St. Joseph Medical Center, Inc., Tri-State Armature & Electrical Works, Inc., Unimin Corporation, United Technologies Corporation, Washington Suburban Sanitary Commission. (Attachments: #1 Exhibit Designations of party representatives for settlement conference) (Fedder, Jane)
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Filing 1628
MOTION to be excused from in-person attendance at the settlement conference filed by Blue Ridge Electric Cooperative, Inc., Broad River Electric Cooperative, Inc., Consumers Energy Company, Danny Corporation, Dixon Lumber Company, Inc., Electric Control Equipment Co., GKN Driveline North American, Inc., Gladieux Trading & Marketing Co., LP, and/or Limited Corporation, Glenwood Resolution Authority, Inc., LWB Refractories Company, Pharmacia Corporation, Sonoco Products Company, Southland Electrical Supply, Inc., St. Joseph Medical Center, Inc., Tri-State Armature & Electrical Works, Inc., Unimin Corporation, United Technologies Corporation, Washington Suburban Sanitary Commission. (Attachments: #1 Text of Proposed Order) (Fedder, Jane)
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Filing 1627
MOTION For representative to be excused from attending settlement session filed by Saint Augustine's College. (Attachments: #1 Text of Proposed Order Proposed order granting Motion to be excused from Attendance at settlement sessions) (Sheehan, Ruth)
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Filing 1626
Joint MOTION Requesting to be Excused From the Requirement to Attend the In-Person Settlement Sessions filed by East Kentucky Power Cooperative, Inc., G&S Motor Equipment Company, Inc., Jet Electric Motor Co., Inc., Mass. Electric Construction Co., P. C. Campana, Inc., Pactiv Corporation. (Attachments: #1 Text of Proposed Order) (Wagenbach, Jeffrey)
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Filing 1625
MOTION to Excuse Defendants Arkema, Inc.; BASF Corporation; Duquesne Light Company; Jessop Steel, LLC; PPL Electric Utilities, Inc.; Tredegar Film Products Corporation; and Weyerhaeuser Company from the in-person attendance requirements for the September 2015 settlement meetings filed by Duke Energy Progress, LLC. (Attachments: #1 Text of Proposed Order) (Ovies, Kelli)
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Filing 1624
MOTION to be Excused from In-Person Attendance at Settlement Sessions, filed by Truland Corporation. (Attachments: #1 Exhibit 1 - "Nexus" Documents, #2 Exhibit 2 - Ward Employee Testimony, #3 Text of Proposed Order) (Redmond, Robert) (Modified on 8/17/2015 to insert naming conventions for exhibits. (Baker, C.)
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Filing 1623
MOTION To Be Excused from In-Person Attendance at Settlement Conference regarding Text Order filed by Monongahela Power Company, West Penn Power Company. (Attachments: #1 Text of Proposed Order) (DeGeorge, R.)
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Notice to Counsel regarding #1623 MOTION To Be Excused from In-Person Attendance at Settlement Conference - This document's caption lends itself to filing in related case 5:08-CV-463-FL. This motion will also need to be filed in that related case for consideration in that matter. (Baker, C.)
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NOTICE OF CORRECTION regarding #1624 Motion to be Excused from In-Person Attendance at Settlement Sessions - Pursuant to Section L of the court's CM/ECF Policies and Procedures Manual, attachments and exhibits must be identified with a clear and complete description in the docket entry text. The clerk's office has corrected the deficiency in this instance, but future filings must adhere to the court's filing policy. (Baker, C.)
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Filing 1622
MOTION to be Excused from Requirements for In-Person Attendance at Settlement Sessions filed by Southern Alloy Corporation. (Attachments: #1 Text of Proposed Order) (Mitchell, Charlotte) Modified on 8/17/2015 to clarify docket entry text. (Baker, C.)
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Filing 1621
Joint MOTION To Be Excused From In-Person Attendance at ADR Sessions filed by Appalachian Power Company. (Attachments: #1 Text of Proposed Order) (Olson, Kurt)
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Filing 1620
Notice of Substitution of Counsel filed by Ruth Sheehan on behalf of Saint Augustine's College substituting for Stacie Watson. (Sheehan, Ruth)
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Filing 1619
Proposed Order regarding #1618 MOTION to be Excused from Requirements for In-Person Attendance at Settlement Sessions filed by Buist Electric, Inc., Gencorp, Inc.. (Johnson, Keith)
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Filing 1618
MOTION to be Excused from Requirements for In-Person Attendance at Settlement Sessions filed by Buist Electric, Inc., Gencorp, Inc.. (Johnson, Keith)
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Filing 1617
MOTION To Be Excused From Settlement Sessions regarding filed by Consolidation Coal Company. (Attachments: #1 Text of Proposed Order) (Pollock, William)
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Filing 1616
Proposed Order regarding #1615 MOTION to Be Excused from the Requirements for In-Person Attendance at Settlement Sessions filed by Cogentrix Energy, LLC. (Brillault, Megan)
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Filing 1615
MOTION to Be Excused from the Requirements for In-Person Attendance at Settlement Sessions filed by Cogentrix Energy, LLC. (Brillault, Megan)
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Filing 1614
Proposed Order regarding #1613 MOTION to be Excused from the in-person Attendance Requirement at the Settlement Sessions filed by Alcan Primary Products Corporation. (Bennett, Richard)
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Filing 1613
MOTION to be Excused from the in-person Attendance Requirement at the Settlement Sessions filed by Alcan Primary Products Corporation. (Bennett, Richard)
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Filing 1612
ORDER granting #1609 Motion to Amend/ Case Caption - The Court directs the Clerk of Court to amend the case caption and any relevant Court records to change DEPs name to Duke Energy Progress, LLC. Signed by District Judge Louise Wood Flanagan on 08/10/2015. (Baker, C.)
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Filing 1611
Proposed Order regarding #1610 MOTION to be Excused from In-Person Attendance at Settlement Sessions filed by N.L. Industries, Inc. (Herz, Joel)
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Filing 1610
MOTION to be Excused from In-Person Attendance at Settlement Sessions filed by N.L. Industries, Inc. (Herz, Joel)
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NOTICE TO COUNSEL regarding #1610 Motion to be Excused from In-Person Attendance at Settlement Sessions - At the direction of the court, counsel shall file a proposed order. The order must be filed electronically using the event PROPOSED ORDER located in the RESPONSES AND REPLIES category. (Baker, C.)
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TEXT ORDER - Requests to be excused from the requirements for in-person attendance at the settlement sessions in Raleigh on 1-2 September 2015 and 24-25 September 2015 shall be made by motion filed with the court. Any such motions for the 1-2 September 2015 session shall be filed by 18 August 2015 and for the 24-25 September 2015 session by 8 September 2015. Any responses to such a motion shall be filed within 4 business days after the filing of the motion. In the event such a motion is based on information the movant deems confidential, the movant may set forth such information in a supporting memorandum that is filed as a proposed sealed document and is accompanied by a motion to seal and memorandum supporting it, in accordance with Local Civil Rule 79.2 (E.D.N.C.) and Section T of the CM/ECF Policy Manual (E.D.N.C.). Signed by Magistrate Judge James E. Gates on 08/06/2015. (Baker, C.)
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Motion Submitted to District Judge Louise Wood Flanagan - #1609 MOTION to Amend Case Caption. (Baker, C.)
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Filing 1609
MOTION to Amend Case Caption filed by Duke Energy Progress, Inc. (Attachments: #1 Text of Proposed Order) (Ovies, Kelli)
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Filing 1608
STIPULATION - Joint Stipulation by Baltimore Gas & Electric Company. (Attachments: #1 Exhibit 1 - Domtar Transformers) (Brice, F.)
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TEXT ORDER regarding #1607 Eight Report of Special Master - The court acknowledges its receipt and review of report by the Special Master, and the continued progress described therein. Again, the court commends the Special Master him for his important work in the case. Signed by District Judge Louise Wood Flanagan on 07/14/2015. (Baker, C.)
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Filing 1607
STATUS REPORT Eighth Report of Special Master by David Oscar Ledbetter. (Ledbetter, David)
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Filing 1606
ORDER - Discovery and dispositive motions as to sales-only defendants shall proceed as directed in the attached order. All other terms and conditions not therein altered, as set forth in the court's prior case management orders, including the court's June 15, 2010, August 19, 2013, and January 3, 2014, orders, not otherwise amended or modified, shall remain in effect. Signed by District Judge Louise Wood Flanagan on 06/19/2015. (Attachments: #1 Exhibit A - Spreadsheet of Remaining Defendants) (Baker, C.)
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Filing 1605
STATUS REPORT JOINT STATUS REPORT by Consolidation Coal Company. (Attachments: #1 Exhibit Addendum A: Sales Only Defendant Alcoa's Addendum to 6/9/15 Joint Report, #2 Exhibit Addendum B: Plaintiff's Response to Addenda of Alcoa, Kraft Foods and Consumers Energy, #3 Exhibit Addendum C: Defendant Kraft Foods' Addendum to Joint Status Report, #4 Exhibit Addendum D: Consumers Energy's Position on Plaintiffs' Proposal, and Schedule for Additional Discovery) (Vanneman, Julie)
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Filing 1604
ORDER granting #1603 Joint Motion for Extension of Time to File Joint Report - The deadline for filing the joint report called for in Paragraph B.3 of the Court's Order entered on April 15, 2015 (Case 460, Doc. 1592; Case 463, Doc. 1584) is hereby extended to June 9, 2015. Signed by District Judge Louise Wood Flanagan on 06/05/2015. (Baker, C.)
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Filing 1603
Joint MOTION for Extension of Time to File Joint Report by Kraft Foods Global, Inc. (Attachments: #1 Text of Proposed Order) (Erteschik, Andrew)
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Filing 1602
NOTICE of Appearance by Andrew H. Erteschik on behalf of Kraft Foods Global, Inc. (Erteschik, Andrew)
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**** Set Hearing - Settlement Conferences set for 8/31/2015 through 9/4/2015 at 09:00 AM in 2nd Floor Conference Room in Raleigh before Magistrate Judge James E. Gates. (Baker, C.)
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Filing 1601
ORDER Setting Forth Plan and Schedule for Settlement Negotiations - Signed by Magistrate Judge James E. Gates on 05/13/2015. (Baker, C.)
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Filing 1600
MANDATE of US Court of Appeals (certified copy) as to #1212 Notice of Appeal filed by PCS Phosphate Company, Inc., PCS Phosphate Company, Inc., #1207 Notice of Appeal filed by Consolidation Coal Company. The judgment of this court, entered 3/20/15, takes effect today. This constitutes the formal mandate of this court issued pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure. (Fogle, L.)
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Filing 1599
NOTICE regarding #1592 ORDER by Gladieux Trading & Marketing Co., LP, and/or Limited Corporation - Objection to Plaintiffs' Categorization of Transactions. (Attachments: #1 Exhibit 1 - Correspondence, #2 Exhibit 2 - Deposition Excerpts, #3 Exhibit 3 - Ward "nexus" documents for one Westinghouse transformer S/N 259253-2, #4 Exhibit 4 - Ward "nexus" documents for 6 transformers) (Fedder, Jane)
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Filing 1598
NOTICE regarding #1592 ORDER by Truland Corporation regarding - Truland's Supplemental Objection to PCS Phosphate's Categorization of Alleged Transactions. (Redmond, Robert)
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Filing 1597
NOTICE regarding #1592 ORDER by Robert Bosch LLC - Notice of Categorization Objection. (Attachments: #1 Exhibit I - Third-Party PCS Phosphate Company, Inc.'s Responses and Objections to Third-Party Robert Bosch LLC's Requests for Admission) (Hartley, Joan)
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Filing 1596
NOTICE regarding #1592 ORDER by Consolidation Coal Company - Plaintiffs' Notice Regarding Parties Remaining in Case by Transaction Category. (Attachments: #1 Exhibit A - Notice of Motion - U.S. Bankruptcy Court, District of Delaware - Case No. 13-12329 (CSS)), #2 Exhibit B - Order - U.S. Bankruptcy Court, District of Delaware - Case No. 13-12329 (CSS)) (Vanneman, Julie) Modified on 4/22/2015 to clarify docket entry text. (Baker, C.)
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Filing 1595
NOTICE by International Paper Company regarding #1592 Order - International Paper Company's Notice of Categorization Objection. (Olson, Kurt) Modified on 4/22/2015 to clarify docket entry text. (Baker, C.)
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Filing 1594
NOTICE by Georgia-Pacific, LLC regarding #1592 Order - Georgia-Pacific LLC's Notice of Categorization Objection. (Attachments: #1 Exhibit A - PCS's response to third-party defendant Georgia-Pacific LLC's first requests to admist directed to third-party plaintiff PCS Phosphate Company, Inc.) (Waldron, Jonathan) Modified on 4/22/2015 to clarify docket entry text. (Baker, C.)
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NOTICE TO COUNSEL regarding #1596 Notice and #1594 Notice - Pursuant to Section L of the court's CM/ECF Policies and Procedures Manual, attachments and exhibits must be identified with a clear and complete description in the docket entry text (e.g. Exhibit 1' is insufficient. Exhibit 1 - Affidavit of Jane Doe would meet the requirement). The clerk's office has corrected the deficiency in this limited instance, but future filings must adhere to the court's filing policy. (Baker, C.)
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Filing 1593
ORDER of US Court of Appeals as to #1212 Notice of Appeal filed by PCS Phospate Company, Inc., PCS Phosphate Company, Inc., #1207 Notice of Appeal filed by Consolidation Coal Company. The court denies the petition for rehearing en banc. (Fogle, L.)
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Filing 1592
ORDER (REGARDING CASE SCHEDULE) - This matter is before the court on the parties' supplemental joint status report. Also before the court is the seventh report of the special master. The court DIRECTS the parties to review the spreadsheet of remaining defendants attached as Exhibit A to this order, which updates with modification the spreadsheet attached to the court's July 19, 2013, order, on the basis of subsequent proceedings and the court's ongoing review of the docket in this case. Within 7 days of the date of this order, any party seeking to update or note a new objection to the categorizations already noted, for purposes of this spreadsheet only, shall file notice thereof. In addition, within 7 days of the date of this order, plaintiffs (as used herein, referring jointly to plaintiff Consolidation Coal Company, plaintiff Duke Energy Progress, Inc., and crossclaim/third-party plaintiff PCS Phosphate Company, Inc.) shall file notice confirming whether the spreadsheet provides a complete listing of defendants remaining in the case. By June 5, 2015, those parties shall file a joint status report (a) identifying the Sales-Only Defendants that will remain in the case, additional proposed discovery and any objections, and a proposed schedule for completing discovery; and (b) identifying those sales-only defendants who have offered a dismissal without prejudice and tolling agreement. All potentially dispositive motions shall be filed by October 23, 2015. Counsel should review attached order in its entirety for additional critical information and deadlines. Signed by District Judge Louise Wood Flanagan on 4/15/2015. (Tripp, S.)
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Filing 1591
ORDER granting #1590 Motion to Withdraw as Attorney. Attorney Brian J. Schoolman terminated as counsel for Barnes & Powell Electrical Company, Inc. Signed by District Judge Louise Wood Flanagan on 4/15/2015. (Tripp, S.)
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Filing 1590
MOTION to Withdraw as Attorney by Brian J. Schoolman by Barnes & Powell Electrical Company, Inc. (Attachments: #1 Text of Proposed Order) (Schoolman, Brian)
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Motion Submitted to District Judge Louise Wood Flanagan: #1590 MOTION to Withdraw as Attorney by Brian J. Schoolman. (Tripp, S.)
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Filing 1589
STATUS REPORT Seventh Report of Special Master by David Oscar Ledbetter. (Ledbetter, David)
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Filing 1588
STAY of MANDATE regarding #1212 Notice of Appeal: In accordance with Rule 41(d)(1), the mandate is stayed pending further order of this court. (Fogle, L.)
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Filing 1587
CERTIFICATE OF SERVICE by Barnes & Powell Electrical Company, Inc. regarding #1586 Notice of Appearance (Smith, M.)
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Filing 1586
NOTICE of Appearance by M. Riana Smith on behalf of Barnes & Powell Electrical Company, Inc. (Smith, M.)
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NOTICE OF DEFICIENCY regarding #1586 Notice of Appearance - Counsel failed to attach a certificate of service pursuant to Fed. R. Civ. P. 5(d) and Section F(3) of the Court's CM/ECF Electronic Policies and Procedures Manual. Counsel should file a separately captioned certificate of service using the appropriate event located under the 'Civil Events - Service of Process' category. (Baker, C.)
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Filing 1585
STATUS REPORT Supplemental Joint Status Report by PCS Phospate Company, Inc., PCS Phosphate Company, Inc. (Attachments: #1 Addendum A - Plaintiffs' Proposal, #2 Addendum B - Certain Sales-Only Defendants' Response to Plaintiffs' Proposal, #3 Addendum C - Certain Other Sales-Only Defendants' Addendum, #4 Addendum D - Certain Hybrid Defendants' Addendum) (Story, Jane)
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Filing 1584
NOTICE by Truland Corporation - Sixth Amended Notice of Deposition of PCS Phosphate Company. (Redmond, Robert)
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Filing 1583
ORDER granting #1582 Joint MOTION for Extension of Time to File Joint Report Post-Fourth Circuit Ruling - The parties shall have up to April 8, 2015 to file the joint report. Signed by District Judge Louise Wood Flanagan on 4/3/2015. (Tripp, S.)
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Filing 1582
Joint MOTION for Extension of Time to File Joint Report Post-Fourth Circuit Ruling by Johnson/Kerner Liaison Group. (Attachments: #1 Text of Proposed Order) (Johnson, Keith)
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Motion Submitted to District Judge Louise Wood Flanagan - #1582 Joint MOTION for Extension of Time to File Joint Report Post-Fourth Circuit Ruling. (Baker, C.)
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Filing 1581
US Court of Appeals Judgment as to #1212 Notice of Appeal filed by PCS Phospate Company, Inc., PCS Phosphate Company, Inc., #1207 Notice of Appeal filed by Consolidation Coal Company. In accordance with the decision of this court, the judgment of the district court is affirmed. This judgment shall take effect upon issuance of this court's mandate in accordance with Fed. R. App. P. 41. (Fogle, L.)
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Filing 1580
PUBLISHED Opinion from Fourth Circuit Court of Appeals. AFFIRMED by published opinion. (Fogle, L.)
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Filing 1579
NOTICE of Appearance for non-district counsel by James M. Jones on behalf of PCS Phospate Company, Inc., PCS Phosphate Company, Inc. (Jones, James)
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Filing 1578
ORDER granting in part #1553 Motion for Protective Order - Signed by District Judge Louise Wood Flanagan on 03/11/2015. (Baker, C.)
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Filing 1577
NOTICE by Truland Corporation - Fifth Amended Notice of Deposition of PCS Phosphate Company. (Redmond, Robert)
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Filing 1576
Minute Entry for proceedings held before District Judge Louise Wood Flanagan in New Bern - Telephonic Hearing regarding #1550 Appeal of Magistrate Judge Decision held on 03/04/2015. Present at conference - Jane Story and Michael Ginsberg (counsel for PCS Phosphate Company, Inc.) and Robert Redmond and Clement Carter (counsel for Truland Corporation). Oral arguments offered by each side in supplement to written briefing already received on the record. Court adopts in part the objections of Truland Corporation and directs the deposition in question to be reopened for a total of three hours, to occur in Chicago, IL, either in person or by videoconference. The parties shall notice the court as to the date and time selected for the reopened deposition in written filing on the case docket. No written order to follow. (Court reporter - David Collier) (Baker, C.)
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**** Set Hearing - Telephonic Hearing regarding #1550 Appeal of Magistrate Judge Decision set for 3/4/2015 at 1:30 PM before District Judge Louise Wood Flanagan. Affected counsel will be contacted in advance of hearing by court personnel who will provide the information necessary to participate in the call. (Baker, C.)
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Filing 1575
ORDER granting #1560 Motion to Compel Payments for Joint Defense Costs - Signed by District Judge Louise Wood Flanagan on 2/27/2015. (Tripp, S.)
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TEXT NOTICE regarding #1571 Status Report Sixth Report of Special Master - The court has reviewed the Sixth Report of Special Master, and again commends Mr. Ledbetter for his continued, capable and diligent assistance in the matter. The report speaks of much progress in the litigation through his oversight and direction, with the aid of the Magistrate Judge, and the cooperation of the parties. SO NOTICED. Entered by District Judge Louise Wood Flanagan on 2/27/2015. (Tripp, S.)
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TEXT ORDER regarding #1550 Appeal of Magistrate Judge Decision to District Court filed by Truland Corporation, #1545 Order on Motion to Compel - Unfortunately, the court notes here that the appeal of the Magistrate Judge's order memorialized at DE 1545 remains pending (oddly, DE 1550 does not reveal itself on the motions report for this case run through CM/ECF as "pending" for decision). But that as it may, the issue raised may very well have resolved itself already, given the passage of time. Movant shall contact the case manager next Monday to alert as to whether any issue remains for decision, and if so, provide then alternative suggested dates and times next week for the conduct of a hearing by telephone, which dates and times are agreeable also to the opposition. Entered by District Judge Louise Wood Flanagan on 2/27/2015. (Tripp, S.)
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Filing 1574
Notice of Substitution of Counsel by Katherine A. King on behalf of Union Electric Company substituting for Jesse H. Rigsby, IV. (King, Katherine)
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Filing 1573
STIPULATION of Dismissal With Prejudice of Third-Party Defendant Magnetic Metals Corporation by PCS Phospate Company, Inc., PCS Phosphate Company, Inc. (Story, Jane)
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Filing 1572
NOTICE by Johnson/Kerner Liaison Group regarding #1560 MOTION to Compel Payments for Joint Defense Costs - Defense Liaison Counsel's Notice of Receipt of Payment from Magnetic Metals. (Johnson, Keith)
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Motion Submitted to District Judge Louise Wood Flanagan - #1560 MOTION to Compel Payments for Joint Defense Costs. (Baker, C.)
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Filing 1571
STATUS REPORT Sixth Report of Special Master by David Oscar Ledbetter. (Ledbetter, David)
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Filing 1570
ORDER granting #1559 Consent MOTION to Compel Defendant Martin Marietta Materials, Inc. to Respond to Plaintiffs' Discovery Requests - Signed by District Judge Louise Wood Flanagan on 01/30/2015. (Baker, C.)
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Filing 1569
STIPULATION Joint Stipulation Between Plaintiffs and Defendant Unimin Corporation by PCS Phospate Company, Inc., PCS Phosphate Company, Inc. (Story, Jane)
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Filing 1568
STIPULATION Joint Stipulation Between Plaintiffs and Defendant Sonoco Products Company by PCS Phospate Company, Inc., PCS Phosphate Company, Inc. (Story, Jane)
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Filing 1567
STIPULATION Joint Stipulation Between Plaintiffs and Defendant LWB Refractories Company n/k/a Magnesita Refractories Company by PCS Phospate Company, Inc., PCS Phosphate Company, Inc. (Story, Jane)
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Filing 1566
STIPULATION Joint Stipulation Between Plaintiffs and Defendant Gladieux Trading & Marketing Company, L.P. by PCS Phospate Company, Inc., PCS Phosphate Company, Inc. (Story, Jane)
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Filing 1565
STIPULATION Joint Stipulation Between Plaintiffs and Defendant GKN Driveline North America, Inc. by PCS Phospate Company, Inc., PCS Phosphate Company, Inc. (Story, Jane)
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Filing 1564
STIPULATION Joint Stipulation Between Plaintiffs and Defendant Broad River Electric Cooperative, Inc. by PCS Phospate Company, Inc., PCS Phosphate Company, Inc. (Story, Jane)
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Filing 1563
STIPULATION (Joint Stipulation of Truland Corporation and PCS Phosphate Company, Inc.) by Truland Corporation. (Redmond, Robert)
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Filing 1562
Proposed Order regarding #1560 MOTION to Compel Payments for Joint Defense Costs filed by Johnson/Kerner Liaison Group. (Johnson, Keith)
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Filing 1561
Memorandum in Support regarding #1560 MOTION to Compel Payments for Joint Defense Costs filed by Johnson/Kerner Liaison Group. (Attachments: #1 Exhibit A - Declaration of Administrative Liaison Counsel) (Johnson, Keith)
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Filing 1560
MOTION to Compel Payments for Joint Defense Costs by Johnson/Kerner Liaison Group. (Johnson, Keith)
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NOTICE OF DEFICIENCY regarding #1560 Motion to Compel - Pursuant to the judge's practice preferences on the court's website, counsel must submit a proposed order. The order must be filed electronically using the event PROPOSED ORDER located in the RESPONSES AND REPLIES category. (Baker, C.)
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Filing 1559
Consent MOTION to Compel Defendant Martin Marietta Materials, Inc. to Respond to Plaintiffs' Discovery Requests by PCS Phospate Company, Inc., PCS Phosphate Company, Inc. (Attachments: #1 Exhibit 1 - Plaintiffs' November 25, 2014 Requests for Admissions and Interrogatories to Certain Defendants, #2 Exhibit 2 - Plaintiffs' November 26, 2014 Interrogatory to Certain Defendants, #3 Exhibit 3 - Defendant Martin Marietta's December 29, 2014 Response to Plaintiffs' Requests for Admission and Interrogatories, #4 Exhibit 4 - Defendant Martin Marietta's December 29, 2014 Response to Plaintiffs' Interrogatory to Certain Defendants, #5 Exhibit 5 - Plaintiffs' January 21, 2015 Narrowed Requests for Admission and Interrogatories to Defendant Martin Marietta, #6 Exhibit 6 - Proposed Order) (Story, Jane)
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Motion Submitted to District Judge Louise Wood Flanagan - #1553 MOTION for Protective Order. (Baker, C.)
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Motion Submitted to District Judge Louise Wood Flanagan - #1559 Consent MOTION to Compel Defendant Martin Marietta Materials, Inc. to Respond to Plaintiffs' Discovery Requests. (Baker, C.)
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Remark - #1550 APPEAL OF US MAGISTRATE JUDGE DECISION submitted to District Judge Louise Wood Flanagan. (Baker, C.)
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Filing 1558
RESPONSE in Opposition regarding #1553 MOTION for Protective Order filed by Truland Corporation. (Attachments: #1 Exhibit 1: Mauro Report, #2 Exhibit 2: Email of Vanneman, #3 Exhibit 3: Excerpts from Mauro Deposition) (Redmond, Robert)
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Filing 1557
RESPONSE regarding #1550 Appeal of Magistrate Judge Decision to District Court filed by PCS Phospate Company, Inc., PCS Phosphate Company, Inc. (Attachments: #1 Exhibit 1 - April 4, 2014 Notice of Deposition of PCS, #2 Exhibit 2 - April 6, 2014 Amended Notice of Deposition of PCS, #3 Exhibit 3 - PCS's April 17, 2014 Responses and Objections to Amended Notice of Deposition and corresponding cover letter, #4 Exhibit 4 - June 27 through July 1, 2014 Email chain between J. Story and Special Master Ledbetter, #5 Exhibit 5 - Transcript of July 1, 2014 conference call with Special Master Ledbetter) (Story, Jane)
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Filing 1556
ORDER granting #1555 Motion to Dismiss With Prejudice Claims By and Against Third-Party Defendant Melinz-Rebar, Inc. - Signed by District Judge Louise Wood Flanagan on 01/12/2015. (Baker, C.)
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Filing 1555
MOTION to Dismiss With Prejudice Claims By and Against Third-Party Defendant Melinz-Rebar, Inc. by PCS Phospate Company, Inc., PCS Phosphate Company, Inc. (Attachments: #1 Exhibit A - Affidavit of Philip Melinz, #2 Exhibit B - Text of Proposed Order) (Story, Jane)
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Motion Submitted to District Judge Louise Wood Flanagan - #1555 MOTION to Dismiss With Prejudice Claims By and Against Third-Party Defendant Melinz-Rebar, Inc. (Baker, C.)
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Filing 1554
Memorandum in Support regarding #1553 MOTION for Protective Order regarding #349 Order on Motion for Protective Order Designating Certain EPRI Report Copies as "Confidential - Attorney's Eyes Only" Under This Court's August 5, 2010 Consent Protective Order and and Stipulation of Confidentiality filed by Consolidation Coal Company. (Attachments: #1 Exhibit A - Email string with Special Master re: EPRI Reports, #2 Exhibit B - EPRI's refusal of Mr. Mauro's consent request, #3 Exhibit C - Notice of Deposition and Subpoena directed to David Mauro, #4 Exhibit D - Email string regarding Subpoena, #5 Exhibit E - EPRI's grant of limited consent to copy EPRI Reports, #6 Exhibit F - Plaintiffs' Supplemental Notice of Production of Materials cited by Expert Witness David Mauro, #7 Exhibit G - Truland Corp.'s 12/5/13 letter objecting to Plaintiffs' designation of EPRI Report copies as "Confidential - Attorney's Eyes Only", #8 Exhibit H - EPRI's 12/19/13 position letter) (Darragh, Daniel)
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Filing 1553
MOTION for Protective Order regarding #349 Order on Motion for Protective Order Designating Certain EPRI Report Copies as "Confidential - Attorney's Eyes Only" Under This Court's August 5, 2010 Consent Protective Order and Stipulation of Confidentiality by Consolidation Coal Company. (Attachments: #1 Text of Proposed Order) (Darragh, Daniel)
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Filing 1552
STIPULATION Regarding Categorization of Defendant CBS Corporation by CBS Corporation. (DeGeorge, R.)
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Filing 1551
Memorandum in Support regarding #1550 Appeal of Magistrate Judge Decision to District Court filed by Truland Corporation. (Attachments: #1 Exhibit 1: PCS 30(b)(6) Deposition Transcript, #2 Exhibit Exhibit 2: Chart, #3 Exhibit 3: MAG Aerospce v. B/E Aerospace, 13-cv-6089 (C.D. Cal. Aug. 22, 2014)) (Redmond, Robert)
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Filing 1550
APPEAL OF US MAGISTRATE JUDGE DECISION to District Court by Truland Corporation regarding #1545 Order on Motion to Compel. (Attachments: #1 Text of Proposed Order) (Redmond, Robert)
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Filing 1549
NOTICE of Change of Address by Curtis J. Shipley. (Shipley, Curtis)
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**** Set Hearing - Settlement Conference set for 1/13/2015 at 8:30 AM in Raleigh before Magistrate Judge James E. Gates. (Baker, C.)
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TEXT ORDER: Having considered the comments of counsel and conferred with the Special Master, the court ORDERS that counsel for the parties attend a preliminary settlement conference on January 13, 2015 at the Terry Sanford Federal Building and Courthouse in Raleigh, NC. The conference shall begin at 8:30 a.m. There shall be a lunch break from 11:30 a.m. to 12:30 p.m., and the conference shall end no later than 3:30 p.m. Parties may be represented by previously designated liaison counsel. Counsel who are appearing specially pursuant to Local Civil Rule 83.1(e) and have had principal responsibility for preparing pleadings and motions may attend without local counsel, although local counsel and other party representatives may attend. The Special Master shall, no later than January 2, 2015, notify all designated liaison counsel of the agenda for and other details concerning the conference, and shall be reasonably available to answer questions of counsel regarding the conference.Signed by U.S. Magistrate Judge James E. Gates on 12/24/2014. (Richards, J.)
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Filing 1548
ORDER granting #1546 Motion for Extension of Time to Complete Discovery - It is ORDERED AND ADJUDGED that the deadline for Plaintiffs responses to the written discovery served by the Moving Defendants on December 2, 2014, and December 3, 2014, is hereby extended to January 16, 2015. The January 2, 2015 deadline remains in effect for the completion of Phase I discovery. Signed by District Judge Louise Wood Flanagan on 12/22/2014. (Baker, C.)
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Filing 1547
Memorandum in Support of Consent Motion for Limited Extension of Discovery Deadline filed by Greenwood Mills, Inc., Koch Industries, Inc, Riley Power Inc., Robert Bosch LLC, The National Lime and Stone Company. (Attachments: #1 Certificate of Service) (Hartley, Joan)
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Filing 1546
Consent MOTION for Extension of Time to Complete Discovery by Greenwood Mills, Inc., Koch Industries, Inc, Riley Power Inc., Robert Bosch LLC, The National Lime and Stone Company. (Attachments: #1 Exhibit A - Written discovery served, #2 Text of Proposed Order, #3 Certificate of Service) (Hartley, Joan) Modified on 12/19/2014 to clarfiy docket entry text.(Baker, C.)
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NOTICE OF CORRECTION regarding #1546 Consent Motion for Extension of Time to Complete Discovery - Pursuant to Section L of the court's CM/ECF Policies and Procedures Manual, attachments and exhibits must be identified with a clear and complete description in the docket entry text (e.g. 'Exhibit A' is insufficient. 'Exhibit A - Map of Main Street' would meet the requirement). The clerk's office has corrected the deficiency in this instance, but future filings must adhere to the court's filing policy. (Baker, C.)
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Motion Submitted to District Judge Louise Wood Flanagan - #1546 Consent MOTION for Extension of Time to Complete Discovery. (Baker, C.)
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Filing 1545
ORDER granting in part and denying in part #1523 Motion to Compel; #1526 Motion to Compel; and #1528 Motion to Compel - Signed by Magistrate Judge James E. Gates on 12/15/2014. (Baker, C.)
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TEXT ORDER - Upon receipt and review of the Special Master's Second Supplement to his Fifth Report, for the reasons given, the Court ADOPTS the Special Master's recommendation and amends Paragraph II.B. of its Order of January 3, 2014, by revising the deadline set forth therein for dispositive motions and for certain motions related to the testimony of expert witnesses from March 2, 2015, to May 18, 2015. Signed by District Judge Louise Wood Flanagan on 12/15/2014. (Baker, C.)
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Filing 1544
STATUS REPORT Second Supplement to Fifth Report of Special Master by David Oscar Ledbetter. (Ledbetter, David)
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Filing 1543
ORDER granting #1541 Motion to Withdraw as Attorney - Attorney Robert B. Casarona terminated as counsel for Green Circle Growers, Inc. Signed by District Judge Louise Wood Flanagan on 12/10/2014. (Baker, C.)
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Filing 1542
Proposed Order regarding #1541 MOTION to Withdraw as Attorney filed by Green Circle Growers, Inc.. (Knapp, Amanda)
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NOTICE OF DEFICIENCY regarding: #1541 Motion to Withdraw as Attorney - Pursuant to the judge's practice preferences on the court's website, counsel must submit a proposed order. The order must be filed electronically using the event PROPOSED ORDER located in the RESPONSES AND REPLIES category. (Baker, C.)
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Filing 1541
MOTION to Withdraw as Attorney by Green Circle Growers, Inc. (Knapp, Amanda)
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TEXT ORDER - This court having reviewed the #1540 Special Master's Supplement to Fifth Report, awaits a second supplemental report on the schedule therein outlined, with appreciation for the considered approach of the Special Master and Magistrate Judge, in aid to the parties' settlement efforts. Entered by District Judge Louise Wood Flanagan on 12/9/2014. (Castania, M.)
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Filing 1540
STATUS REPORT Supplement to Fifth Report of Special Master by David Oscar Ledbetter. (Ledbetter, David)
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Filing 1539
ORDER regarding #1538 Fifth Status Report - Signed by District Judge Louise Wood Flanagan on 11/24/2014. (Baker, C.)
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Filing 1538
STATUS REPORT Fifth Report of Special Master by David Oscar Ledbetter. (Ledbetter, David)
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MOTION REFERRED to U.S. Magistrate Judge James E. Gates - #1523 Amended MOTION to Compel Deposition Testimony, #1528 MOTION to Compel Testimony from PCS Phosphate, Inc.s Fed. R. Civ. P. 30(B)(6) Corporate Designee as to Topics 21 & 22, and #1526 MOTION to Compel Testimony from PCS Phosphate, Inc.'s Fed.R.Civ.P.30(B) Corporate Designee as to Topics 21 & 22. (Baker, C.)
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Filing 1537
STIPULATION of Dismissal with Prejudice of Third-Party Defendant Emma L. Bixby Medical Center by PCS Phosphate Company, Inc. (Shipley, Curtis)
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Filing 1536
Memorandum in Opposition regarding #1526 MOTION to Compel Testimony from PCS Phosphate, Inc.'s Fed.R.Civ.P.30(B) Corporate Designee as to Topics 21 & 22, #1523 Amended MOTION to Compel Deposition Testimony, #1528 MOTION to Compel Testimony from PCS Phosphate, Inc.s Fed. R. Civ. P. 30(B)(6) Corporate Designee as to Topics 21 & 22 filed by Duke Energy Progress, Inc. (Smith, Christopher)
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Filing 1535
RESPONSE in Opposition regarding #1526 MOTION to Compel Testimony from PCS Phosphate, Inc.'s Fed.R.Civ.P.30(B) Corporate Designee as to Topics 21 & 22, #1528 MOTION to Compel Testimony from PCS Phosphate, Inc.s Fed. R. Civ. P. 30(B)(6) Corporate Designee as to Topics 21 & 22 filed by PCS Phosphate Company, Inc. (Attachments: #1 Index of Exhibits, #2 Exhibit 1.April 4, 2014 Notice of Deposition of PCS, #3 Exhibit 2.April 6, 2014 Amended Notice of Deposition of PCS, #4 Exhibit 3.PCS April 17, 2014 Responses and Objections to Amended Notice of Deposition and corresponding cover letter, #5 Exhibit 4.April 28, 2014 Second Amended Notice of Deposition of PCS, #6 Exhibit 5.May 28, 2014 Third Amended Notice of Deposition of PCS, #7 Exhibit 6.PCS June 23, 2014 Responses and Objections to Fourth Amended Notice of Deposition and corresponding cover letter, #8 Exhibit 7.June 27 through July 1, 2014 Email chain between J. Story and Special Master Ledbetter, #9 Exhibit 8.Transcript of July 1, 2014 conference call with Special Master Ledbetter, #10 Exhibit 9.September 3 through September 4, 2014 Email chain between parties and Special Master Ledbetter) (Shipley, Curtis)
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Filing 1534
RESPONSE in Opposition regarding #1523 Amended MOTION to Compel Deposition Testimony filed by PCS Phosphate Company, Inc. (Attachments: #1 Index of Exhibits, #2 Exhibit 1. April 4, 2014 Notice of Deposition of PCS, #3 Exhibit 2.April 6, 2014 Amended Notice of Deposition of PCS, #4 Exhibit 3.PCS April 17, 2014 Responses and Objections to Amended Notice of Deposition and corresponding cover letter, #5 Exhibit 4.April 28, 2014 Second Amended Notice of Deposition of PCS, #6 Exhibit 5.May 28, 2014 Third Amended Notice of Deposition of PCS, #7 Exhibit 6.PCS June 23, 2014 Responses and Objections to Fourth Amended Notice of Deposition and corresponding cover letter, #8 Exhibit 7.June 27 through July 1, 2014 Email chain between J. Story and Special Master Ledbetter, #9 Exhibit 8.Transcript of July 1, 2014 conference call with Special Master Ledbetter, #10 Exhibit 9.September 3 through September 4, 2014 Email chain between parties and Special Master Ledbetter) (Shipley, Curtis)
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Filing 1533
Memorandum in Opposition regarding #1526 MOTION to Compel Testimony from PCS Phosphate, Inc.'s Fed.R.Civ.P.30(B) Corporate Designee as to Topics 21 & 22, #1523 Amended MOTION to Compel Deposition Testimony, #1528 MOTION to Compel Testimony from PCS Phosphate, Inc.s Fed. R. Civ. P. 30(B)(6) Corporate Designee as to Topics 21 & 22 filed by Consolidation Coal Company. (Darragh, Daniel)
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Filing 1532
NOTICE by Tallahassee Memorial Healthcare, Inc. of Withdrawal of Counsel. (Hall, Carrie)
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Filing 1531
Notice of Substitution of Counsel by Kacy Lynn Hunt on behalf of Tallahassee Memorial Healthcare, Inc. substituting for C. Elizabeth Hall. (Hunt, Kacy)
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Filing 1530
STATUS REPORT by David Oscar Ledbetter. (Ledbetter, David)
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TEXT ORDER regarding #1530 Status Report - The court acknowledges receipt and review of the thoughtful report by the Special Master, and commends him for his continued work on the matters at issue. Signed by District Judge Louise Wood Flanagan on 10/02/2014. (Baker, C.)
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Filing 1529
Memorandum in Support regarding #1528 MOTION to Compel Testimony from PCS Phosphate, Inc.s Fed. R. Civ. P. 30(B)(6) Corporate Designee as to Topics 21 & 22 filed by J. C. Blair Memorial Hospital, National Railroad Passenger Corporation. (Risinger, Bradley)
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Filing 1528
MOTION to Compel Testimony from PCS Phosphate, Inc.s Fed. R. Civ. P. 30(B)(6) Corporate Designee as to Topics 21 & 22 by J. C. Blair Memorial Hospital, National Railroad Passenger Corporation. (Attachments: #1 Exhibit A - PCS Responses & Objections to Fourth Amended Notice of Deposition, #2 Text of Proposed Order) (Risinger, Bradley)
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Filing 1527
Memorandum in Support regarding #1526 MOTION to Compel Testimony from PCS Phosphate, Inc.'s Fed.R.Civ.P.30(B) Corporate Designee as to Topics 21 & 22 filed by Bay Mechanical & Electrical Corporation, Riley Power Inc., Tallahassee Memorial Healthcare, Inc. (Attachments: #1 Exhibit A-Portions of Deposition Transcript of PCS corporate designee taken July 1, 2014, #2 Exhibit B-Portions of Deposition Transcript of Joe Richard Brewer, taken March 11, 2014, #3 Exhibit C-E-mail exchange sent by Daniel Darragh on May 14, 2014) (Spurgeon, Susan)
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Filing 1526
MOTION to Compel Testimony from PCS Phosphate, Inc.'s Fed.R.Civ.P.30(B) Corporate Designee as to Topics 21 & 22 by Bay Mechanical & Electrical Corporation, Riley Power Inc., Tallahassee Memorial Healthcare, Inc. (Attachments: #1 PCS Responses and Objections to Fourth Amended Notice of Deposition, #2 Text of Proposed Order) (Spurgeon, Susan)
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Filing 1525
Memorandum in Support regarding #1523 Amended MOTION to Compel Deposition Testimony filed by Georgia-Pacific, LLC, Truland Corporation. (Attachments: #1 Transcript of PCS Fed. R. Civ. P. 30(b)(6) Deposition, #2 Deposition transcript index, #3 MAG Aerospace v. B/E Aerospace, 13-CV-6089 (C.D. Cal. Aug. 22, 2014), #4 Fourth Amended PCS Fed. R. Civ. P. 30(b)(6) Deposition Notice) (Redmond, Robert)
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Filing 1524
*DOCUMENT CORRECTED AND REFILED AT DOCKET ENTRY #1525 * - Memorandum in Support regarding #1523 Amended MOTION to Compel Deposition Testimony filed by Georgia-Pacific, LLC, Truland Corporation. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4) (Redmond, Robert) Modified on 9/26/2014 to insert refiling information. (Baker, C.).
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Filing 1523
Amended MOTION to Compel Deposition Testimony by Georgia-Pacific, LLC, Truland Corporation. (Attachments: #1 Text of Proposed Order, #2 Exhibit 1 - Email Correspondence with Special Master) (Redmond, Robert)
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NOTICE OF DEFICIENCY regarding #1524 Memorandum in Support - Counsel failed to identify each exhibit or attachment pursuant to Section L(2)(b) of the Court's Electronic Policies and Procedures Manual. Counsel is instructed to refile the document making sure that each attached exhibit is properly identified using a complete description in the docket entry text. (Baker, C.)
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Filing 1522
ORDER denying #1477 Motion for Summary Judgment - Signed by District Judge Louise Wood Flanagan on 09/25/2014. (Baker, C.) Modified on 9/25/2014 to clarify docket entry text. (Baker, C.)
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Filing 1521
STIPULATION of Dismissal With Prejudice of Third-Party Defendant Trinity Industries, Inc. by PCS Phospate Company, Inc., PCS Phosphate Company, Inc. (Story, Jane)
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Filing 1520
STIPULATION of Dismissal With Prejudice of Third-Party Defendant DACCO, Incorporated by PCS Phospate Company, Inc., PCS Phosphate Company, Inc. (Story, Jane)
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Filing 1519
Memorandum in Support regarding #1518 First MOTION to Compel Deposition Testimony filed by Georgia-Pacific, LLC, Riley Power Inc., Tallahassee Memorial Healthcare, Inc., Truland Corporation. (Attachments: #1Transcript of PCS Fed. R.Civ. P. 30(b)(6) Deposition, #2 Deposition Transcript Index, #3 MAG Aerospace v. B/E Aerospace, 13-cv-6089 (C.D. Cal. Aug. 22, 2014), #4 Fourth Amended PCS Fed. R. Civ. P.30(b)(6) Deposition Notice) (Redmond, Robert)
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Filing 1518
*DOCUMENT AMENDED AND REFILED AT DOCKET ENTRY #1523 * - First MOTION to Compel Deposition Testimony by Georgia-Pacific, LLC, Riley Power Inc., Tallahassee Memorial Healthcare, Inc., Truland Corporation. (Attachments: #1 Text of Proposed Order, #2 Email Correspondence with Special Master) (Redmond, Robert) Modified on 9/26/2014 to insert refiling information. (Baker, C.)
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NOTICE OF DEFICIENCY regarding #1516 Motion to Compel - This document must be refiled to select all filers joining in on the motion. Currently, the docket text only indicates that Truland Corporation is the moving party, however, the motion designates several parties to the motion. When refiling the motion, counsel must also be sure to include a description of the exhibit in the docket entry text as prescribed by Section L(2)(b) of the Court's Electronic Policies and Procedures Manual available on the Court's website. (Baker, C.)
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NOTICE OF DEFICIENCIES regarding #1517 Motion to Compel - This is not a motion. Counsel has utilized a motion event to file the memorandum in support of an underlying motion. The document must be refiled using the "Memorandum in Support" event located in the Responses and Replies category of civil filing events. When refiling, counsel is referred to Section L(2) of the court's CM/ECF Policies and Procedures Manual which prescibed that attachments and exhibits must be identified with a clear and complete description of the document in the docket text (e.g. 'Exhibit 1' is insufficient. 'Exhibit 1 - Affidavit of Jane Doe' would meet the requirement.) Counsel must also select all filers joining in on the motion. Currently, the docket text only indicates that Truland Corporation is the moving party, however, the motion designates several parties to the motion. (Baker, C.)
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Filing 1517
*DOCUMENT CORRECTED AND REFILED AT DOCKET ENTRY #1519 * - MOTION to Compel Memorandum of Law in Support of Motion to Compel Deposition Testimony From PCS Phosphate Inc.'s Fed. R. Civ. P. 30(B)(6) Corporate Designee by Truland Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4) (Redmond, Robert) Modified on 9/22/2014 to insert refiling information. (Baker, C.)
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Filing 1516
*DOCUMENT CORRECTED AND REFILED AT DOCKET ENTRY #1518 * - MOTION to Compel Deposition Testimony From PCS Phosphate Inc.'s Fed. R. Civ. P. 30(B)(6) Corporate Designee by Truland Corporation. (Attachments: #1 Exhibit 1, #2 Text of Proposed Order) (Redmond, Robert) Modified on 9/22/2014 to insert refiling information. (Baker, C.)
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Filing 1515
STIPULATION of Dismissal With Prejudice of Third-Party Defendant Cemex Construction Materials Florida, LLC by PCS Phosphate Company, Inc., PCS Phosphate Company, Inc. (Story, Jane)
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Filing 1514
STIPULATION of Dismissal as to Carlisle SynTec Incorporated by Duke Energy Progress, Inc. (Smith, Christopher)
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Filing 1513
NOTICE by Chemical Products Corporation - Disclosure of Expert Witness and Rebuttal Report. (Attachments: #1 Expert Rebuttal Report of Stephen D. Embso-Mattingly) (Olson, Kurt)
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Filing 1512
NOTICE by The North Carolina Granite Corporation - Rebuttal Expert Witness-Report. (Southerland, Jeffrey)
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Filing 1511
NOTICE by International Paper Company - Disclsoure of Expert Witness and Report. (Attachments: #1 Exhibit A - Expert Rebuttal Report of Stephen D. Emsbo-Mattingly) (Olson, Kurt)
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Filing 1510
NOTICE by International Paper Company - Disclosure of Expert Witness and Rebuttal Report. (Attachments: #1 Exhibit A - Expert Rebuttal Report by Neil S. Shifrin, PhD) (Olson, Kurt)
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Filing 1509
NOTICE by Erachem Comilog, Inc. - Disclosure of Expert Witness and Rebuttal Report. (Attachments: #1 Exhibit A - Expert Rebuttal Report By Neil S. Shifrin, PhD) (Olson, Kurt)
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Filing 1508
NOTICE by Baltimore Gas & Electric Company - Disclosure of Expert Witness and Report. (Attachments: #1 Rebuttal Report of Neil Shifrin, PhD) (Brice, F.)
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Filing 1507
NOTICE by Erachem Comilog, Inc. - Disclosure of Expert Witness and Report. (Attachments: #1 Exhibit A - Expert Witness Report by Gary Amendola) (Olson, Kurt)
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Filing 1506
AMENDED NOTICE by Cape Hatteras Electric Membership Corporation - Disclosure of Expert Witnesses and Reports. (Attachments: #1 Exhibit A - Rebuttal Report of Neil S. Shifrin, PhD)(Genzler, Patrick)
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Filing 1505
*DOCUMENT CORRECTED AND REFILED AT DOCKET ENTRY #1506 * - NOTICE by Cape Hatteras Electric Membership Corporation - Disclosure of Expert Witnesses and Reports. (Attachments: #1 Exhibit A - Rebuttal Report of Neil S. Shifrin, PhD) (Genzler, Patrick) Modified on 9/8/2014 to insert refiling information. (Baker, C.)
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Filing 1504
Notice of Substitution of Counsel by John E. Weslander on behalf of Koch Industries, Inc substituting for Margaret Richards. (Weslander, John)
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Filing 1503
NOTICE by Timken US LLC - Notice by Counsel Of Consent To And Request For Termination Of Future Communications From Court Regarding Cases. (Byrne, Michael)
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Filing 1502
Notice of Substitution of Counsel by Carrie Elizabeth Hall on behalf of Tallahassee Memorial Healthcare, Inc. substituting for Garrick Alcarez Sevilla. (Hall, Carrie)
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TEXT ORDER denying #1494 Motion to Strike #1484 Response in Opposition to Motion - This matter comes now before the court upon motion to strike filed by third-party defendant Truland Corporation ("Truland") directed against Consolidation Coal Company's response in opposition to Truland's motion for summary judgment on its third affirmative defense. Having carefully considered the issues raised, said motion is DENIED. Signed by District Judge Louise Wood Flanagan on 08/21/2014. (Baker, C.)
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TEXT ORDER denying #1493 Motion to Strike #1485 Response in Opposition to Motion - This matter comes now before the court upon motion to strike filed by third-party defendant Truland Corporation ("Truland") directed against Duke Energy Progress, Inc.'s response in opposition to Truland's motion for summary judgment on its third affirmative defense. Having carefully considered the issues raised, said motion is DENIED. Signed by District Judge Louise Wood Flanagan on 08/21/2014. (Baker, C.)
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Filing 1501
STIPULATION of Dismissal with Prejudice of Third-Party Defendant Timken US LLC by PCS Phosphate Company, Inc. (Shipley, Curtis)
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Filing 1500
Notice of Substitution of Counsel by Charles R. Anthony on behalf of Caterpillar Inc. substituting for Johna G. Hedden. (Anthony, Charles)
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Filing 1499
NOTICE of Appearance for non-district counsel by Charles R. Anthony on behalf of Caterpillar Inc. (Attachments: #1 CM/ECF Registration Form) (Anthony, Charles)
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Filing 1498
REPLY to Response to Motion regarding #1494 MOTION to Strike #1484 Response in Opposition to Motion for Summary Judgment filed by Truland Corporation. (Redmond, Robert)
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Filing 1497
REPLY to Response to Motion regarding #1493 MOTION to Strike #1485 Response in Opposition to Motion for Summary Judgment filed by Truland Corporation. (Redmond, Robert) Modified on 8/14/2014 to link to appropriate underlying motion. (Baker, C.)
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Motions Submitted to District Judge Louise Wood Flanagan - #1493 MOTION to Strike #1485 Response in Opposition to Motion for Summary Jugment, #1477 MOTION for Summary Judgment on Its Third Affirmative Defense, and #1494 MOTION to Strike #1484 Response in Opposition to Motion for Summary Judgment. (Baker, C.)
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Filing 1496
RESPONSE in Opposition regarding #1493 MOTION to Strike #1485 Response in Opposition to Motion for Summary Jugment filed by Duke Energy Progress, Inc. (Smith, Christopher)
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Filing 1495
RESPONSE to Motion regarding #1494 MOTION to Strike #1484 Response in Opposition to Motion for Summary Judgment filed by Consolidation Coal Company. (Darragh, Daniel)
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Filing 1494
MOTION to Strike #1484 Response in Opposition to Motion for Summary Judgment by Truland Corporation. (Attachments: #1 Text of Proposed Order on Third-Party Defendant Truland Corporations Motion to Strike) (Redmond, Robert)
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Filing 1493
MOTION to Strike #1485 Response in Opposition to Motion for Summary Jugment by Truland Corporation. (Attachments: #1 Text of Proposed Order on Third-Party Defendant Truland Corporations Motion to Strike) (Redmond, Robert)
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Filing 1492
REPLY regarding #1483 Response in Opposition to Motion for Summary Judgment by Truland Corporation. (Redmond, Robert)
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Filing 1491
STIPULATION - Joint Stipulation between Erachem Comilog, Inc. and Plaintiffs by Erachem Comilog, Inc. (Attachments: #1 Affidavit of Terry Lawrence) (Olson, Kurt)
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Filing 1490
NOTICE by The North Carolina Granite Corporation - Expert Disclosure. (Southerland, Jeffrey)
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Filing 1489
STIPULATION - Joint Stipulation by Plaintiffs and Defendant Erachem Comilog, Inc. by PCS Phospate Company, Inc., PCS Phosphate Company, Inc. (Attachments: #1 Exhibit A - August 4, 2014 Email from J. Story to D. Ledbetter et al., #2 Exhibit B - August 4, 2014 Email from D. Ledbetter to Parties) (Story, Jane)
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Filing 1488
ORDER regarding #1487 Third Status Report of Special Master - This matter comes before the Court in response to the third report of Special Master. The Special Master seeks the Court to appoint a Magistrate Judge in conformity with the Court's prior rulings and his assessment with the parties of a framework for settlement negotiations. Upon consideration, the court designates Magistrate Judge James E. Gates. Good cause having been shown, the Special Master's other request, that the Court now authorize him to facilitate requested confidential bilateral settlement negotiations subject to enumerated terms and conditions is ALLOWED. Signed by District Judge Louise Wood Flanagan on 08/01/2014. (Baker, C.)
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Filing 1487
STATUS REPORT Third Report of Special Master by David Oscar Ledbetter. (Ledbetter, David)
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Filing 1486
STIPULATION Joint by Magnetic Metals Corporation. (Attachments: #1 Exhibit 1 - Affidavit of Frank A. Ranero) (Harvey, Elizabeth) Modified on 7/29/2014 to clarify docket entry text. (Baker, C.)
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Filing 1485
RESPONSE in Opposition regarding #1477 MOTION for Summary Judgment on Its Third Affirmative Defense filed by Duke Energy Progress, Inc. (Smith, Christopher)
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Filing 1484
RESPONSE in Opposition regarding #1477 MOTION for Summary Judgment on Its Third Affirmative Defense filed by Consolidation Coal Company. (Darragh, Daniel)
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Filing 1483
RESPONSE in Opposition regarding #1477 MOTION for Summary Judgment on Its Third Affirmative Defense of Third-Party Defendant Truland Corporation filed by PCS Phospate Company, Inc., PCS Phosphate Company, Inc. (Story, Jane)
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Filing 1482
STIPULATION OF DISCOVERY Amended by Southern Alloy Corporation. (Attachments: #1 Exhibit A - Affidavit of Buster Hughes) (Mitchell, Charlotte)
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Filing 1481
NOTICE by Truland Corporation Of Party Fact Witnesses to Potentially be Deposed. (Redmond, Robert)
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Filing 1480
STIPULATION OF DISCOVERY by Southern Alloy Corporation. (Attachments: #1 Exhibit) (Mitchell, Charlotte)
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Filing 1479
STIPULATION Amended Joint by Emma L. Bixby Medical Center. (Attachments: #1 Exhibit A; Affidavit of Matthew J. Hammond) (Bronstein, Joel)
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Filing 1478
Memorandum in Support regarding #1477 MOTION for Summary Judgment on Its Third Affirmative Defense filed by Truland Corporation. (Redmond, Robert)
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Filing 1477
MOTION for Summary Judgment on Its Third Affirmative Defense by Truland Corporation. (Attachments: #1 Proposed Order) (Redmond, Robert)
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Filing 1476
ORDER granting #1473 Motion for Extension of Time to Complete Discovery of Each Other - The Scheduling Order entered on January 3, 2014 (460 DE 1383, 463 DE 1375) is modified by adding the following provision: I.C (1): Any Rule 30(b)(6) deposition by one Plaintiff of another Plaintiff may be completed by January 2, 2015. Signed by District Judge Louise Wood Flanagan on 07/03/2014. (Baker, C.)
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Filing 1475
STIPULATION Joint with PCS Phosphate Company, Inc. by Magnetic Metals Corporation. (Harvey, Elizabeth)
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Filing 1474
STIPULATION Joint by Plaintiffs and Defendants Cargill Incorporated and EraChem Comilog, Inc. by Consolidation Coal Company. (Darragh, Daniel)
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Filing 1473
MOTION for Extension of Time to Complete Discovery of Each Other by Consolidation Coal Company. (Attachments: #1 Exhibit A - E-Mail Correspondence, #2 Exhibit B - E-Mail Correspondence, #3 Exhibit C - E-Mail Correspondence, #4 Exhibit D - E-mail Correspondence, #5 Exhibit E - Proposed Order) (Darragh, Daniel)
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Motion Submitted to District Judge Louise Wood Flanagan - #1473 MOTION for Extension of Time to Complete Discovery of Each Other. (Baker, C.)
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Filing 1472
STIPULATION OF DISCOVERY Joint Stipulation to Extend Time to File by Southern Alloy Corporation. (Mitchell, Charlotte)
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Filing 1471
STIPULATION Joint by Frontier Communications Corporation. (Attachments: #1 Affidavit of Lynne A. Monaco) (Hahn, John)
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Filing 1470
STIPULATION Joint by Saint Augustine's College. (Attachments: #1 Affidavit of Angela Haynes) (Francis, Charles)
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Filing 1469
STIPULATION by Weyerhaeuser Company. (Attachments: #1 Affidavit of Charlie Douthwaite) (Hart, Scott)
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Filing 1468
STIPULATION Joint by J. C. Blair Memorial Hospital. (Attachments: #1 Exhibit 1 -- Affidavit of Edward M. Quinn) (Risinger, Bradley)
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Filing 1467
STIPULATION by Novartis Corporation. (Attachments: #1 Affidavit of Stephen Havlik) (McManus, Keith)
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Filing 1466
STIPULATION Joint by Domtar Paper Company, LLC. (Attachments: #1 Affidavit of Diane Hardison) (Brice, F.)
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Filing 1465
STIPULATION Joint by Baltimore Gas & Electric Company. (Attachments: #1 Affidavit of Keith Wessleman) (Brice, F.)
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Filing 1464
STIPULATION by Koch Industries, Inc. (Attachments: #1 Affidavit of Craid Highfill) (Shields, Grady)
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Filing 1463
STIPULATION Joint Stipulation by Green Circle Growers, Inc. (Attachments: #1 Affidavit of Anthony Lucarell) (Knapp, Amanda)
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Filing 1462
STIPULATION - JOINT by The National Lime and Stone Company. (Attachments: #1 Exhibit 1 - Affidavit of R. Daniel Mapes) (Hartley, Joan)
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Filing 1461
STIPULATION - JOINT by Robert Bosch LLC. (Attachments: #1 Exhibit 1 - Affidavit of Chap Tippey) (Hartley, Joan)
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Filing 1460
STIPULATION - JOINT by The North Carolina Granite Corporation. (Attachments: #1 Exhibit 1 - Affidavit of Kenny Moles) (Southerland, Jeffrey)
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Filing 1459
STIPULATION Amended Joint Stipulation by Truland Corporation. (Attachments: #1 Affidavit of Wayne Butler) (Redmond, Robert)
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Filing 1458
STIPULATION (JOINT) by Christus Health. (Renbarger, Robert)
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Filing 1457
STIPULATION Joint by Emma L. Bixby Medical Center. (Attachments: #1 Exhibit A - Affidavit of Matthew J. Hammond) (Bronstein, Joel)
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Filing 1456
STIPULATION Joint Stipulation by Truland Corporation. (Attachments: #1 Affidavit of Wayne Butler) (Redmond, Robert)
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Filing 1455
STIPULATION by LaFarge Mid-Atlantic, LLC and/or Lafarge Mid-Atlantic, Inc. as successor-in-interest to or Redland Genstar, Inc. and Genstar Stone Products, Inc. (Attachments: #1 Exhibit 1 - Affidavit of William G. Miller) (Erteschik, Andrew)
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Filing 1454
STIPULATION Joint Stipulation of Third-Party Plaintiff PCS Phosphate and Third-Party Defendants by Truland Corporation. (Redmond, Robert)
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Filing 1453
STIPULATION by Riley Power Inc. (Attachments: #1 Exhibit A - Affidavit of Earl B. Mason) (Friesen, Bradley)
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Filing 1452
STIPULATION by Huntington Ingalls Incorporated. (Attachments: #1 Exhibit A - Affidavit of Brian McVey) (Babcock, Sarah)
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Filing 1451
ORDER regarding #1450 Second Status Report filed by Special Master - Signed by District Judge Louise Wood Flanagan on 06/13/2014. (Baker, C.)
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Filing 1450
STATUS REPORT - Second Report of Special Master by David Oscar Ledbetter. (Ledbetter, David)
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Filing 1449
STIPULATION by Imerys Fused Minerals Greeneville, Inc. (Attachments: #1 Exhibit A - Affidavit of Sean Varner) (Babcock, Sarah)
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Filing 1448
STIPULATION by Imerys Carbonates, LLC. (Attachments: #1 Exhibit A - Affidavit of Kevin Forstmann) (Babcock, Sarah)
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Filing 1447
NOTICE of Withdrawal from Liaison Group by Huntington Ingalls Incorporated., Imerys Carbonates, LLC, Imerys Fused Minerals Greeneville, Inc., North Georgia Electric Membership Corporation, Union Carbide Corporation, Vulcan Construction Materials, Limited Partnership. (Babcock, Sarah)
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Filing 1446
STIPULATION of Defendant Furman University by Furman University. (Attachments: #1 Exhibit A - Affidavit of Bernard F. Stanton) (Erteschik, Andrew)
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Filing 1445
STIPULATION of Defendant Intertape Polymer Group, Inc. by Intertape Polymer Group, Inc. (Attachments: #1 Exhibit A - Affidavit of Ricky G. Carnell) (Erteschik, Andrew)
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Filing 1444
ORDER dismissing #1442 Motion for Protective Order - In accordance with its January 8, 2014, order, the court requires the parties to bring any discovery disputes to the Special Master for resolution before filing formal motion with this court. Thus, the instant motion is DISMISSED. Signed by District Judge Louise Wood Flanagan on 06/10/2014. (Baker, C.)
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Filing 1443
Memorandum in Support regarding #1442 MOTION for Protective Order filed by Dixon Lumber Company, Inc. (Attachments: #1 Index of exhibits, #2 Exhibit 1 - Draft Notice of Deposition, #3 Exhibit 2 - Draft Affidavit, #4 Exhibit 3 - Dixon's response to request for admissions, #5 Exhibit 4 - Executed Affidavit, #6 Exhibit 5 - Unpublished Opinion - Huggins v. NC Dept, #7 Exhibit 6 - Unpublished Opinion - Preferred Carolinas v. American Home, #8 Exhibit 7 - Unpublished Opinion - Performance Sales v. Lowes, #9 Exhibit 8 - Unpublished Opinion - Severn Peanut, #10 Exhibit 9 - Deposition excerpts from Frank Aguirre, #11 Exhibit 10 - Deposition excerpts from Benjamin Rappleyea, #12 Exhibit 11 - Deposition excerpts from Marvin Croson, #13 Exhibit 12 - Letter from Julie Vanneman, #14 Exhibit 13 - Letter from Jane Fedder to plaintiffs' counsel, #15 Exhibit 14 - Email chain between parties) (Fedder, Jane)
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Filing 1442
MOTION for Protective Order by Dixon Lumber Company, Inc. (Attachments: #1 Text of Proposed Order) (Fedder, Jane)
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Filing 1441
STIPULATION - Joint Stipulation Regarding Affidavit of Jay R. Hervey by Bassett Furniture Industries, Inc. (Attachments: #1 Exhibit 1 - Affidavit of Jay R. Hervey) (Roessler, Todd)
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Filing 1440
Notice of Substitution of Counsel by Richard Anthony McAvoy on behalf of Huntington Ingalls Incorporated., Imerys Carbonates, LLC, Imerys Fused Minerals Greeneville, Inc., North Georgia Electric Membership Corporation, Union Carbide Corporation, Vulcan Construction Materials, Limited Partnership substituting for Elizabeth N. Willoughby (McAvoy, Richard)
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Filing 1439
ORDER - This matter comes before the court on its own accord. In accordance with its January 8, 2014, order, the court requests that the Special Master in this case prepare an updated progress report. Such a report was last filed on February 21, 2014, and much has transpired since that time. The Special Master shall file his report within twenty-one (21) days of the date of this order. Signed by District Judge Louise Wood Flanagan on 06/02/2014. (Baker, C.)
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Filing 1438
STIPULATION of Dismissal With Prejudice of Third-Party Defendant The Rouse Company, LLC by PCS Phospate Company, Inc., PCS Phosphate Company, Inc. (Story, Jane)
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Filing 1437
NOTICE of Appearance for non-district counsel by Kelly K. Iverson on behalf of Consolidation Coal Company. (Iverson, Kelly)
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Filing 1436
NOTICE by Jessop Steel, LLC - Joint Stipulation of Plaintiffs and Defendant, Jessop Steel, LLC. (Olson, Kurt)
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Filing 1435
Joint Stipulation of Plaintiffs and Defendant International Paper Co. regarding the Affidavit of Brian Edward Heim by International Paper Company. (Olson, Kurt) Modified on 5/16/2014 to clarify docket entry text. (Baker, C.)
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Filing 1434
NOTICE of Appearance for non-district counsel by David M. Belczyk on behalf of PCS Phospate Company, Inc., PCS Phosphate Company, Inc. (Belczyk, David)
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Filing 1433
FINANCIAL DISCLOSURE STATEMENT by Imerys Fused Minerals Greeneville, Inc. identifying Corporate Parent Imerys U.S.A., Inc., Corporate Parent Imerys S.A., Corporate Parent C-E Minerals, Inc. for Imerys Fused Minerals Greeneville, Inc. (Babcock, Sarah)
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Filing 1432
NOTICE of Appearance for non-district counsel by John P. Miller on behalf of PCS Phospate Company, Inc., PCS Phosphate Company, Inc. (Miller, John)
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Filing 1431
ORDER granting #1430 Motion to Amend Case Caption - The Court DIRECTS the Clerk of Court to amend the case caption and any relevant court records to change Defendant's name to Imerys Fused Minerals Greeneville, Inc. Signed by District Judge Louise Wood Flanagan on 04/25/2014. (Baker, C.)
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Filing 1430
MOTION to Amend Case Caption by Tennessee Electro Minerals, Inc. (Attachments: #1 Text of Proposed Order) (Babcock, Sarah)
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Motion Submitted to District Judge Louise Wood Flanagan - #1430 MOTION to Amend Case Caption. (Baker, C.)
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Filing 1429
STIPULATION regarding the Affidavit of Thomas Gieck and Stipulation of Union Carbide Corporation dated April 17, 2014 by Union Carbide Corporation. (Attachments: #1 Exhibit A - Affidavit of Thomas Gieck and Stipulation of Union Carbide Corporation) (Babcock, Sarah) Modified on 4/23/2014 to clarify docket entry text. (Baker, C.)
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Filing 1428
NOTICE of Appearance for non-district counsel by David M. Bates on behalf of IES Commercial, Inc., and/or Integrated Electrical Services, Inc. (Bates, David)
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Filing 1427
ORDER granting #1426 Motion to Withdraw as Attorney - Attorney D. Martin Warf terminated as counsel for VEPCO. Signed by District Judge Louise Wood Flanagan on 04/10/2014. (Baker, C.)
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Filing 1426
MOTION to Withdraw as Attorney by Virginia Electric and Power Company (VEPCO). (Warf, D.)
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Motion Submitted to District Judge Louise Wood Flanagan - #1426 MOTION to Withdraw as Attorney. (Baker, C.)
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Filing 1425
STIPULATION of Dismissal With Prejudice of Third-Party Defendant Henkels & McCoy, Inc. by PCS Phospate Company, Inc., PCS Phosphate Company, Inc. (Story, Jane)
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Filing 1424
FINANCIAL DISCLOSURE STATEMENT by Pharmacia Corporation identifying Corporate Parent Pfizer for Pharmacia Corporation. (Fedder, Jane)
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Filing 1423
STIPULATION of Dismissal With Prejudice of Third-Party Defendant Fabri-Kal Corporation by PCS Phospate Company, Inc., PCS Phosphate Company, Inc. (Story, Jane)
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Filing 1422
ORDER granting #1420 Motion to Withdraw as Attorney - Styers & Kemerait is hereby withdrawn as counsel for third-party defendants Southern Alloy Corporation and Thomasville Furniture Industries, Inc. and should be removed from the electronic filing service list for these consolidated actions. Signed by District Judge Louise Wood Flanagan on 03/25/2014. (Baker, C.)
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Filing 1421
NOTICE of Change of Address by Charlotte Anne Mitchell. (Mitchell, Charlotte)
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Motion Submitted to District Judge Louise Wood Flanagan - #1420 MOTION to Withdraw as Attorney Styers & Kemerait, PLLC. (Baker, C.)
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Filing 1420
MOTION to Withdraw as Attorney Styers & Kemerait, PLLC by Southern Alloy Corporation, Thomasville Furniture Industries, Inc. (Kemerait, Karen)
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Filing 1419
NOTICE of Appearance for non-district counsel by Jason P. Perdion on behalf of Guernsey-Muskingum Electric Cooperative Inc. and WITHDRAWAL of non-district counsel Ben L. Pfefferle, III. (Perdion, Jason) Modified on 3/24/2014 to clarify docket entry text. (Baker, C.).
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NOTICE TO COUNSEL regarding #1420 Motion to Withdraw as Attorney - This document's caption lends itself to filing in related case 5:08-CV-463-FL. This motion will also need to be filed in that related case for consideration in that matter. (Baker, C.)
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Filing 1418
STIPULATION of Dismissal With Prejudice of Third-Party Defendant Seabrook Enterprises, Inc. by PCS Phospate Company, Inc., PCS Phosphate Company, Inc. (Story, Jane)
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Filing 1417
STIPULATION of Dismissal With Prejudice of Third-Party Defendant Villanova University in the State of Pennsylvania by PCS Phospate Company, Inc., PCS Phosphate Company, Inc. (Story, Jane)
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Filing 1416
NOTICE by E. Luke Greene Company, Inc. to be Removed from ECF Notifications. (Ridings, Leslie)
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TEXT NOTICE TO COUNSEL regarding #1415 Motion to Withdraw from further ECF Notifications - This motion has been terminated as it raises no justiciable issue for this court. The case administrator will remove counsel for third-party defendant Babson College from the ECF notification list for this case. (Baker, C.)
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Filing 1415
MOTION to Withdraw from further ECF Notifications by Babson College. (Hornthal, L.)
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Filing 1414
STIPULATION of Dismissal With Prejudice of Third-Party Defendant St. John's College by PCS Phospate Company, Inc., PCS Phosphate Company, Inc. (Story, Jane)
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Filing 1413
ORDER granting #1412 Motion to Withdraw - Michael J. Byrne is withdrawn as counsel for Martin Marietta Materials, Inc. Signed by District Judge Louise Wood Flanagan on 02/25/2014. (Baker, C.)
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Filing 1412
MOTION to Withdraw by Martin Marietta Materials, Inc. (Attachments: #1 Text of Proposed Order) (Byrne, Michael)
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Filing 1411
NOTICE of Appearance for non-district counsel by William J. Gust on behalf of Blue Ridge Electric Cooperative, Inc., Broad River Electric Cooperative, Inc., Consumers Energy Company, Danny Corporation, Dixon Lumber Company, Inc., Electric Control Equipment Co., GKN Driveline North American, Inc., Gladieux Trading & Marketing Co., LP, and/or Limited Corporation, Glenwood Resolution Authority, Inc., LWB Refractories Company, Pharmacia Corporation, Sonoco Products Company, Southland Electrical Supply, Inc., St. Joseph Medical Center, Inc., Tri-State Armature & Electrical Works, Inc., Unimin Corporation, United Technologies Corporation, Washington Suburban Sanitary Commission (Gust, William)
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Filing 1410
STATUS REPORT First Report of Special Master by David O Ledbetter. (Ledbetter, David)
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Filing 1409
NOTICE of Appearance for non-district counsel by Jonathan R. Waldron on behalf of Georgia-Pacific, LLC. (Waldron, Jonathan)
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Filing 1408
STIPULATION of Dismissal With Prejudice of Third-Party Defendant City of Winston-Salem, North Carolina by PCS Phospate Company, Inc., PCS Phosphate Company, Inc. (Story, Jane)
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Filing 1407
STIPULATION of Dismissal With Prejudice of Third-Party Defendant E. Luke Greene Company, Inc. by PCS Phospate Company, Inc. (Story, Jane)
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Filing 1406
STIPULATION of Dismissal With Prejudice of Third-Party Defendant Sho-Me Power Electric Cooperative by PCS Phospate Company, Inc. (Story, Jane)
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Filing 1405
NOTICE of Appearance for non-district counsel Margaret H. Richards on behalf of Koch Industries, Inc. (Richards, Margaret)
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Filing 1404
ORDER granting #1403 Motion to Amend #1383 ORDER - Pursuant to Rule 16(b) of the Federal Rules of Civil Procedure. Section I.D. on page 8 of the Scheduling Order is hereby replaced with the following: Any other non-party fact witness to be deposed shall be identified and disclosed along with the perceived relevant information known by that witness by the party wishing to take such depositions by April 11, 2014; any other party fact witness to be deposed shall be identified and disclosed along with the perceived relevant information known by that witness by the party wishing to take such depositions by July 11, 2014. Signed by District Judge Louise Wood Flanagan on 01/31/2014. (Baker, C.)
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Filing 1403
MOTION to Amend #1383 Order by Consolidation Coal Company. (Attachments: #1 Text of Proposed Order) (Darragh, Daniel)
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Filing 1402
STIPULATION of Dismissal With Prejudice of Third-Party Defendant Delaware Electric Cooperative, Inc. by PCS Phospate Company, Inc., PCS Phosphate Company, Inc. (Story, Jane)
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Filing 1401
Notice of Substitution of Counsel by Elizabeth N. Willoughby on behalf of Huntington Ingalls Incorporated., Imerys Carbonates, LLC, North Georgia Electric Membership Corporation, Tennessee Electro Minerals, Inc., Union Carbide Corporation, Vulcan Construction Materials, Limited Partnership substituting for Noelle Valentine. (Willoughby, Elizabeth)
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TEXT ORDER - In aid to the scheduling activities of the Special Master, the clerk shall issue on his behalf his scheduling notices to the parties, through the electronic docket, if such assistance is requested. Entered by District Judge Louise Wood Flanagan on 01/23/2014. (Baker, C.)
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NOTICE TO COUNSEL regarding #1399 Notice, #1397 Notice, #1390 Notice, #1396 Notice, #1400 Notice, and #1398 Notice - Counsel is reminded that pursuant to Local Civil Rule 26.1, discovery materials need not be filed unless ordered or needed by the Court. (Baker, C.)
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Filing 1400
NOTICE by Truland Corporation Notice of Deposition of Benjamin J. Rappleyea (Redmond, Robert)
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Filing 1399
NOTICE by Truland Corporation Notice of Deposition of Doris Ann Ostby (Redmond, Robert)
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Filing 1398
NOTICE by Truland Corporation Notice of Deposition of Marvin C. Croson, Jr. (Redmond, Robert)
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Filing 1397
NOTICE by Truland Corporation Notice of Deposition of Frank Aguirre (Redmond, Robert)
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Filing 1396
NOTICE by Green Circle Growers, Inc. of 30(b)(6) Designee (Knapp, Amanda)
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Filing 1395
STIPULATION of Dismissal With Prejudice of Third-Party Defendant Babson College by PCS Phospate Company, Inc., PCS Phosphate Company, Inc. (Story, Jane)
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Filing 1394
ORDER regarding #1391 Notice - This matter comes before the court upon review of the parties' January 17, 2014, joint report regarding payment of the Special Master. the court approves of the parties' joint report, and ORDERS the parties to act in accordance with its terms. Signed by District Judge Louise Wood Flanagan on 01/17/2014. (Baker, C.)
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Filing 1393
ORDER granting #1392 Motion to Withdraw as Attorney - Attorney John D. Ormond terminated as counsel of record for defendant Caterpillar, Inc. Signed by District Judge Louise Wood Flanagan on 01/17/2014. (Baker, C.)
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Filing 1392
MOTION to Withdraw as Attorney John D. Ormond by Caterpillar Inc. (Attachments: #1 Text of Proposed Order) (Ormond, John)
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Filing 1391
NOTICE by Consolidation Coal Company regarding #1387 Order - Joint Report Regarding Payment of the Special Master. (Darragh, Daniel) Modified on 1/17/2014 to clarify docket entry text.(Baker, C.)
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NOTICE OF DEFICIENCY regarding #1390 Notice Identifying Rule 30(b)(6) Designee - The electronic signature on the document and the electronic filer of the item do not match. Counsel is directed to refile the document because the docket entry must reflect that the filer and the signer are the same individual. (Baker, C.)
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Filing 1390
NOTICE Identifying Rule 30(b)(6) Designee by Baltimore Gas & Electric Company. (Quinn, Matthew) Modified on 1/16/2014 to clarify docket entry text. (Baker, C.)
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NOTICE OF DEFICIENCY regarding #1389 Notice of Withdrawal and Substitution of Counsel - Elizabeth N. Willoughby must file her own Notice of Appearance. The CM/ECF electronic filing and docketing system does not recognize filings made on behalf of other attorneys for purposes of appearing on the court's docket. The appropriate form for becoming a registered e-filer in this district is available to out-of-district counsel on this court's website at www.nced.uscourts.gov. (Baker, C.)
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TEXT ORDER - This matter comes before the court in supplement to recent order appointing David O. Ledbetter to serve as special master to clarify the manner of service of electronically filed documents in these matters upon the special master. In light of his retired status, the special master is not presently registered as an active efiler in the Eastern District of North Carolina as envisioned and required in the court's Standing Order, 06-PLR-2. However, the court finds efficiencies will accrue if Mr. Ledbetter is authorized to receive Notices of Electronic Filing in the instant cases for which he has been appointed. Service in this manner will afford the opportunity to the special master to remain informed as to current filings in the case and relieve the parties and the clerk of the burden of serving him through U.S. mail. The clerk is directed to add Mr. Ledbetter to the electronic service list for these cases to receive Notices of Electronic Filing at his email address of ledbetterward@gmail.com. The court reminds here that the special master is expected to maintain the confidentiality of all sealed or otherwise restricted-access materials filed and is subject to all applicable local rules and orders of the court. Signed by District Judge Louise Wood Flanagan on 01/13/2014. (Baker, C.)
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Filing 1389
Notice of Substitution of Counsel by Sarah T. Babcock on behalf of Huntington Ingalls Incorporated., Imerys Carbonates, LLC, North Georgia Electric Membership Corporation, Tennessee Electro Minerals, Inc., Union Carbide Corporation, Vulcan Construction Materials, Limited Partnership substituting for Noelle Valentine (Babcock, Sarah)
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Filing 1388
STIPULATION of Dismissal with Prejudice of Third-Party Defendant Woodstream Corporation by PCS Phosphate Company, Inc. (Shipley, Curtis)
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Filing 1387
ORDER - Having found sufficient necessity for the use of a special master, and having determined his qualifications lend themselves to the discharge of this weighty appointment, the court hereby APPOINTS David O. Ledbetter to serve as special master for this case, in accordance with the limited responsibilities assigned herein, and subject to the restrictions of Rule 53 of the Federal Rules of Civil Procedure. The parties shall file, within ten (10) days of the date of entry of this order, a report addressing the details for the fund to pay the special master's invoices. Signed by District Judge Louise Wood Flanagan on 01/08/2014. (Baker, C.)
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Filing 1386
ORDER granting #1385 Motion to Withdraw as Attorney - Attorney Michael John Byrne terminated as counsel for Cogentrix Energy, LLC. Signed by District Judge Louise Wood Flanagan on 01/07/2014. (Baker, C.)
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Filing 1385
MOTION to Withdraw as Attorney by Cogentrix Energy, LLC. (Attachments: #1 Text of Proposed Order) (Byrne, Michael)
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Filing 1384
NOTICE by Consolidation Coal Company regarding #1379 Order - (Joint Report Regarding Special Master's Compensation). (Darragh, Daniel)
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Filing 1383
ORDER (REGARDING CASE SCHEDULE) - Having reviewed the Joint Report submitted December 6, 2013, which proposes deadlines for remaining Phase I discovery to be conducted and other matters as more specifically directed in the court's August 19, 2013, order, additional activities in these cases are prescribed in the attached order. The court will appoint the nominated Special Master by separate order to follow. Court-hosted settlement conference will be conducted as indicated in the court's December 16, 2013, order. While ordinarily such conference would occur upon the close of discovery, the court will solicit the Special Master for suggestion as to timing and consider also the parties' views. Stay of case as it relates to Sales only defendants shall remain in effect as prescribed in the court's August 19, 2013, order. The court will further address issues pertinent to these defendants upon receipt of the joint report ordered to be made following the Fourth Circuit's opinion in the now pending Sales Test Case matter. The parties shall refer to the court's August 19, 2013, order for further procedures. The court's specific references to a particular provision of that order should not be read to limit its applicability. All of that order shall be considered and applied, except as amended or clarified, where said order remains in force and effect. Phase I discovery due by 1/2/2015. Potentially dispositive motions due by 3/2/2015. Upon receipt of the parties' joint report expressing collective response to the Special Master's compensation terms, as stated in affidavit filed December 26, 2013, which report is due on or before January 9, 2014, the court will enter such other and further order as appropriate. Signed by District Judge Louise Wood Flanagan on 1/3/2014. (Tripp, S.)
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Filing 1382
AFFIDAVIT regarding #1379 Order Referring Case to Special Master by David O. Ledbetter. (Darragh, Daniel)
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Filing 1381
STIPULATION of Dismissal with Prejudice of Third-Party Defendant Parker-Hannifin Corporation by PCS Phosphate Company, Inc. (Shipley, Curtis)
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Filing 1380
FINANCIAL DISCLOSURE STATEMENT by Consolidation Coal Company identifying Corporate Parent Ohio Valley Resources, Inc., Corporate Parent Murray Energy Corporation, Corporate Parent Murray Energy Holdings Company for Consolidation Coal Company. Associated Cases: 5:08-cv-00463-FL, 5:08-cv-00460-FL (Darragh, Daniel)
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Filing 1379
ORDER Regarding Referral of Case to Special Master - David O. Ledbetter identified as proposed special master. In accordance with Rule 53 of the Federal Rules of Civil Procedure, the proposed special master shall cause to be filed on his behalf with the court his affidavit disclosing whether there is any ground for disqualification within ten (10) days hereof. The parties now shall confer among themselves and designate representative(s) to confer and negotiate with the proposed special master his proposed compensation terms, where basis, terms, and procedures for fixing the master's compensation also must be stated in the order of appointment. After the parties and the proposed special master have endeavored to come to some agreement, they shall make joint report to the court addressing same within twenty-one (21) days. Signed by District Judge Louise Wood Flanagan on 12/16/2013. (Baker, C.)
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Filing 1378
STIPULATION of Dismissal With Prejudice of Third-Party Defendant Ohio Valley Medical Center, Inc. by PCS Phospate Company, Inc., PCS Phosphate Company, Inc. (Story, Jane)
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Filing 1377
NOTICE of Appearance by Raja S. Mishra on behalf of Truland Corporation. (Mishra, Raja)
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Filing 1376
STATUS REPORT (Joint) by Consolidation Coal Company. (Attachments: #1 Plaintiffs' Addendum A, #2 Plaintiffs' Addendum B, #3 Defendants' Addendums A and B, #4 Addendum C) (Darragh, Daniel)
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Filing 1375
ORDER regarding #1374 Letter and #981 Letter - For earlier stated reason, the court is concerned about the informality of these presentations, and plaintiffs' suggested address. Where there appears no reason to maintain these compact discs (CDs) which are ancillary to the court record, the court proposes simply that it will destroy the 21 CDs at issue, obviating any issue regarding inadvertent disclosure of confidential information. Should there be need in some future ruling to review or reference all or part of the materials, they may be resubmitted. Unless any party shows in the coming fourteen (14) days cause why this proposed action should not be taken, after December 20, 2013, these CDs will be destroyed. Signed by District Judge Louise Wood Flanagan on 12/05/2013. (Baker, C.)
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TEXT ORDER - This matter now comes before the court in furtherance of the issues raised informally, in letter dated November 19, 2013, where counsel for Duke Energy Progress, Inc. informed of its recent realization that deposition exhibits include certain documents marked "confidential" that were submitted to the court during the Georgia Power Company ("GPC") test case process in early 2012, but which were not filed under seal, with reference to 460 DE 878 and 463 DE 876. Specifically, counsel makes mention of exhibit nos. 283 and 285 to the deposition of Kenneth R. Brown, a transmission specialist with GPC. Counsel reminds that those exhibits, digitally submitted, were not filed on the docket and thus were not made available publicly, nor have they been referenced publicly in any filings by the parties or the court. In this letter, counsel notes one earlier sent to the court, dated February 1, 2012. The court has not been able to locate this correspondence, which counsel alerts made mention of two confidential exhibits (nos. 219 and 220). On behalf of plaintiffs, counsel requests notification by the court if it intends to make any use of these documents other than internally. Plaintiffs would then, counsel recites, submit an appropriate notice to GPC pursuant to section T1(a)(6) of the ECF Filing Manual regarding documents marked confidential so that GPC may, if it elects, file a motion to place the documents under seal. The court is concerned about the informality of the presentation here, which depends on retention of correspondence, where the February 1, 2012, letter was not, for example, retained in the court's file, and the reliance on cross-reference by the court of future order before entry with past correspondence from a party, in order to preserve agreed upon confidentiality terms. Counsel invites that if the court would like plaintiffs to proceed in another fashion, to signal this. Counsel shall send electronic copy to the court of the earlier letter by 12/5/13, so the court may make more specific reference to that in future order which will direct plaintiffs to proceed in different fashion. Signed by District Judge Louise Wood Flanagan on 12/03/2013. (Baker, C.)
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Filing 1373
ORDER granting #1372 Motion for Extension of Time to File Joint Report - The deadline for the parties to submit the Joint Report described in paragraph I.F. of the Court's Order entered on August 19, 2013 is hereby extended up to and including December 6, 2013. Signed by District Judge Louise Wood Flanagan on 11/26/2013. (Baker, C.)
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Filing 1372
MOTION for Extension of Time to File Joint Report by Atlantic City Electric Company, Cargill, Incorporated, Delmarva Power & Light Company, Florida Power & Light Company, G&S Motor Equipment Company, Inc., Georgia-Pacific, LLC, Johnson/Kerner Liaison Group, Occidental Chemical Corporation, Potomac Electric Power Company, Sales Transaction Defendants Liaison, Tallahassee Memorial Healthcare, Inc. (Attachments: #1 Text of Proposed Order) (Johnson, Keith)
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Filing 1371
NOTICE of Appearance by Joel F. Bronstein on behalf of Emma L. Bixby Medical Center. (Bronstein, Joel)
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Filing 1370
NOTICE of Withdrawal of Counsel Seth D. Beckley of Brown Law LLP, by Emma L. Bixby Medical Center (Beckley, Seth) Modified on 11/22/2013 to clarify docket entry text. (Baker, C.)
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Filing 1369
STIPULATION of Dismissal with Prejudice as to Apogee Coal Company, LLC by Duke Energy Progress, Inc. (Smith, Christopher) Modified on 11/21/2013 to clarify docket entry text. (Baker, C.)
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Filing 1374
Letter from Christopher G. Smith regarding Exhibits 283 and 285 offered in relation to #878 NOTICE of Filing. (Baker, C.)
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Filing 1368
NOTICE of Appearance by Julie Ogden Yates on behalf of Caterpillar Inc. (Yates, Julie)
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Filing 1367
Memorandum in Support regarding #1366 MOTION for Discovery Entry of a "Lone Pine" Type Discovery Order filed by Blue Ridge Electric Cooperative, Inc., Broad River Electric Cooperative, Inc., Consumers Energy Company, Danny Corporation, Dixon Lumber Company, Inc., Electric Control Equipment Co., GKN Driveline North American, Inc., Gladieux Trading & Marketing Co., LP, and/or Limited Corporation, Glenwood Resolution Authority, Inc., LWB Refractories Company, Pharmacia Corporation, Sonoco Products Company, Southland Electrical Supply, Inc., St. Joseph Medical Center, Inc., Tri-State Armature & Electrical Works, Inc., Unimin Corporation, Washington Suburban Sanitary Commission. (Attachments: #1 Index Index of Exhibits, #2 Exhibit CPL's answers and objections to Broad River's first interrogatories, #3 Exhibit CPL's responses and objections to Broad River's first request for production, #4 Exhibit CPL's responses to Broad River's first request for admission, #5 Exhibit CCC's response and objections to Broad River's first request for admission, #6 Exhibit PCS Phosphate's responses and objections to Broad River's first request for admission, #7 Exhibit Grant v. E.I. DuPont, #8 Exhibit Hembree v. Litton Industries, #9 Exhibit Lore v. Lone Pine Corp., #10 Exhibit Asarco v. NL Industries) (Fedder, Jane)
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Filing 1366
MOTION for Discovery Entry of a "Lone Pine" Type Discovery Order by Blue Ridge Electric Cooperative, Inc., Broad River Electric Cooperative, Inc., Consumers Energy Company, Danny Corporation, Dixon Lumber Company, Inc., Electric Control Equipment Co., GKN Driveline North American, Inc., Gladieux Trading & Marketing Co., LP, and/or Limited Corporation, Glenwood Resolution Authority, Inc., LWB Refractories Company, Pharmacia Corporation, Sonoco Products Company, Southland Electrical Supply, Inc., St. Joseph Medical Center, Inc., Tri-State Armature & Electrical Works, Inc., Unimin Corporation, United Technologies Corporation, Washington Suburban Sanitary Commission. (Attachments: #1 Text of Proposed Order Proposed Order) (Fedder, Jane)
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TEXT ORDER denying #1366 Motion for Discovery Entry of a "Lone Pine" Type Discovery Order - This matter comes now before the court on motion of defendants Blue Ridge Electric Cooperative; Broad River Electric Cooperative, Inc.; Consumers Energy Company; Danny Corp.; Dixon Lumber Company, Inc.; Electric Control Equipment Company, Inc.; GKN Driveline North America, Inc.; Gladieux Trading & Marketing Co.; Glenwood Regional Medical Center n/k/a Glenwood Resolution Authority,; LWB Refractories Company k/n/a Magnesita Refractories; Pharmacia Corporation f/k/a Monsanto Company; Sonoco Products Co.; St. Joseph Medical Center; Southland Electrical Supply Company, Inc.; Tri-State Armature & Electrical Works, Inc.; Unimin Corporation; United Technologies Corporation; Pratt & Whitney Division; and Washington Suburban Sanitary Commision for entry of a Lone Pine Type Discovery Order, requiring plaintiffs to come forward, within 90 days, with a threshold showing of authenticated fact and/or expert evidence in the form of affidavits and the identification of specific documents as to each defendant who is alleged to have engaged in repair and/or consignment transactions on various, described issues. Said motion is filed on the deadline ordered for the parties to meet and confer, in advance of their submission of a joint report in accordance with prior order. The court has rejected this approach, and there is no good cause presented at this time to revisit that rejection. The parties' attention is directed to the work activities ordered August 19, 2013 (DE 1296). Said motion (DE 1366) is DENIED. Signed by District Judge Louise Wood Flanagan on 11/15/2013. (Baker, C.)
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Filing 1365
NOTICE of Appearance by Andrew H. Erteschik on behalf of Furman University, Intertape Polymer Group, Inc., LaFarge Mid-Atlantic, LLC and/or Lafarge Mid-Atlantic, Inc. as successor-in-interest to or Redland Genstar, Inc. and Genstar Stone Products, Inc. (Erteschik, Andrew)
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Filing 1364
ORDER granting #1363 Motion to Withdraw as Attorney - Ronald E. Cardwell terminated as counsel for defendants Intertape Polymer Corp., Furman University, and Lafarge Mid-Atlantic, LLC. Signed by District Judge Louise Wood Flanagan on 11/07/2013. (Baker, C.)
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Filing 1363
MOTION to Withdraw as Attorney And Substitute Local Civil Rule 83.1 Counsel by Furman University, Intertape Polymer Group, Inc., LaFarge Mid-Atlantic, LLC and/or Lafarge Mid-Atlantic, Inc. as successor-in-interest to or Redland Genstar, Inc. and Genstar Stone Products, Inc. (Attachments: #1 Text of Proposed Order) (Cardwell, Ronald)
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Filing 1362
ORDER granting #1357 Motion to Withdraw as Counsel - Michael J. Byrne terminated as counsel for defendant North Carolina State University. Signed by District Judge Louise Wood Flanagan on 11/07/2013. (Baker, C.)
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Filing 1361
ORDER granting #1356 Motion to Withdraw as Counsel - Michael J. Byrne terminated as counsel for third-party defendant Seabrook Enterprises, Inc. Signed by District Judge Louise Wood Flanagan on 11/06/2013. (Baker, C.)
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Motion Submitted to Disttrict Judge Louise Wood Flanagan - #1363 MOTION to Withdraw as Attorney And Substitute Local Civil Rule 83.1 Counsel. (Baker, C.)
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Filing 1360
ORDER denying #1347 Motion to Compel - Signed by District Judge Louise Wood Flanagan on 11/06/2013. (Baker, C.)
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Filing 1359
NOTICE of Appearance for non-district counsel by Jessica J.O. King on behalf of Furman University, Intertape Polymer Group, Inc., LaFarge Mid-Atlantic, LLC and/or Lafarge Mid-Atlantic, Inc. as successor-in-interest to or Redland Genstar, Inc. and Genstar Stone Products, Inc. (King, Jessica)
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Filing 1358
NOTICE of Appearance for non-district counsel by Lee W. Zimmerman on behalf of Furman University, Intertape Polymer Group, Inc., LaFarge Mid-Atlantic, LLC and/or Lafarge Mid-Atlantic, Inc. as successor-in-interest to or Redland Genstar, Inc. and Genstar Stone Products, Inc. (Zimmerman, Lee)
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Filing 1357
MOTION to Withdraw by North Carolina State University. (Attachments: #1 Text of Proposed Order) (Byrne, Michael)
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Filing 1356
MOTION to Withdraw by Seabrook Enterprises, Inc. (Attachments: #1 Text of Proposed Order) (Byrne, Michael)
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Filing 1355
STIPULATION of Dismissal Without Prejudice of Third-Party Defendant UPS Ground Freight, Inc. by PCS Phospate Company, Inc., PCS Phosphate Company, Inc. (Story, Jane)
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Motion Submitted to District Judge Louise Wood Flanagan - #1347 MOTION to Compel. (Baker, C.)
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Filing 1354
RESPONSE by Cross Defendant PCS Phospate Company, Inc., Counter Claimants PCS Phospate Company, Inc., PCS Phospate Company, Inc., Defendant PCS Phospate Company, Inc., Cross Claimants PCS Phospate Company, Inc., PCS Phospate Company, Inc., ThirdParty Plaintiff PCS Phosphate Company, Inc., Counter Defendant PCS Phosphate Company, Inc. regarding #1350 RESPONSE. (Story, Jane)
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Filing 1353
RESPONSE in Opposition regarding #1347 MOTION to Compel filed by PCS Phospate Company, Inc., PCS Phosphate Company, Inc. (Attachments: #1 Exhibit A - 10/15/2013 Letter from R. Redmond, #2 Exhibit B - Robinson v. Quicken Loans, Inc.) (Story, Jane)
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Filing 1352
NOTICE of Appearance for non-district by Grady L. Shields on behalf of Koch Industries, Inc (Attachments: #1 Exhibit Attorney Registration Form) (Shields, Grady)
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NOTICE OF DEFICIENCY regarding #1352 Notice of Appearance for Non-District Counsel - Each attorney must file his or her own Notice of Appearance. The CM/ECF electronic filing and docketing system does not recognize filings made on behalf of other attorneys for purposes of appearing on the court's docket. Once Margaret H. Richards has completed the process of applying for her own login and password in this district, she may appropriately file her own Notice of Appearance. (Baker, C.)
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Filing 1351
NOTICE by Truland Corporation Liaison Group (Redmond, Robert)
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Filing 1350
RESPONSE regarding #1342 Order - Objection to Third-Party Plaintiff PCS Phosphate Company, Inc.'s Answers and Objection to Third-Party Defendants' Initial Interrogatories and Requests for Production of Documents filed by Tallahassee Memorial Healthcare, Inc. (Spurgeon, Susan)
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Filing 1349
Memorandum in Support regarding #1347 MOTION to Compel filed by Truland Corporation. (Attachments: #1 Exhibit A - Third-Party Plaintiff PCS Phosphate Company, Inc.'s responses to Third-Party Defendants' Initial Requests for Production of Documents, #2 Exhibit B - Third-Party Plaintiff PCS Phosphate Company, Inc.'s Answers to Third-Party Defendants' Initial Interrogatories, #3 Exhibit C - 10-16-13 letter to Robert Redmond from Jane Borthwick Story) (Redmond, Robert)
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NOTICE OF DEFICIENCY regarding #1348 Memorandum in Support - Counsel failed to identify each exhibit or attachment pursuant to Section L(2)(b) of the Court's Electronic Policies and Procedures Manual. Counsel is instructed to refile the document making sure that each attached exhibit is properly identified using a complete description in the docket entry text. (Baker, C.)
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Filing 1348
*DOCUMENT CORRECTED AND REFILED AT DOCKET ENTRY #1349 * - Memorandum in Support regarding #1347 MOTION to Compel filed by Truland Corporation. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit) (Redmond, Robert) Modified on 10/24/2013 to insert refiling information. (Baker, C.)
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Filing 1347
MOTION to Compel by Truland Corporation. (Attachments: #1 Text of Proposed Order) (Redmond, Robert)
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Filing 1346
ORDER regarding #1327 Notice filed by Thomasville Furniture Industries, Inc. - This action is hereby STAYED with respect to defendant Thomasville Furniture Industries, Inc. during the pendency of the bankruptcy case or until such time as the bankruptcy court shall order otherwise. Counsel is DIRECTED to notify the court immediately upon the conclusion of the bankruptcy proceedings by filing with this court a notice stating the disposition of the bankruptcy case and including the final order in the bankruptcy matter or other disposing order issued by the bankruptcy court. Signed by District Judge Louise Wood Flanagan on 10/23/2013. (Baker, C.)
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TEXT ORDER regarding #1342 Order - The court clarifies in supplement to its order entered October 17, 2013, that William Weir is not a former Ward employee, but, instead, an employee of Consol Energy, Inc. From its review of depositions provided to the court on discs in connection with the parties' dispositive motions in the test cases, the court is aware of the following previously deposed former Ward employees: Frank Aguirre, Joe Brewer, Marvin Croson, Joseph Hicks, Doris Ostby, Benjamin Rappleyea, Keith Reed, and Robert Ward III. As discussed in its October 17, 2013, order, these previously deposed former Ward employees may be subjects of Supplemental Session depositions by the parties. Mr. Weir and other previously deposed persons unaffiliated with Ward also may be considered by the parties in conference activities and ensuing joint report and plan submission, due November 29, 2013. Signed by District Judge Louise Wood Flanagan on 10/23/2013. (Baker, C.)
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Filing 1345
OFFICIAL TRANSCRIPT of Status Conference Proceedings held on August 15, 2013, before Judge District Judge Louise Wood Flanagan. Court Reporter David J. Collier, Telephone number (919) 912-9698. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Please review Attorney obligations regarding the redaction of electronic transcripts of court proceedings available on the court's #website. Redaction Request due 11/15/2013. Redacted Transcript Deadline set for 11/25/2013. Release of Transcript Restriction set for 1/23/2014. (Collier, David)
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NOTICE of Filing of Official Transcript of Status Conference Proceedings. The parties have seven calendar days from the filing of the transcript to file a Notice of Intent to Request Redaction. The parties must also serve a copy on the court reporter. After filing the Notice of Intent to Request Redaction, a party must submit to the court reporter, within 21 calendar days of the filing of the transcript, a written statement indicating where the personal data identifiers to be redacted appear in the transcript. (Collier, David)
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Filing 1343
NOTICE of Change of Address by Michael John Byrne (Byrne, Michael)
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Filing 1342
ORDER dismissing as moot #1329 Motion to Reopen Depositions; granting #1335 Motion to Continue the Deposition of Joe Richard Brewer; granting #1336 Motion for Leave to Re-Open Certain Depositions; dismissing as moot #1340 Motion to Take Deposition from Rappleya, Walsh, Ward, and Weir and memorializing items addressed at 10/16/2013 teleconference - Concerning the October 7, 2013, written discovery responses of the third-party plaintiff, the court deems waived now any complaint about the form of the interrogatories and requests, disclosed on or before September 6, 2013. Having struck objection no. 8 and requiring the third-party plaintiff to serve an amended statement of its objections accompanying its answers and responses, within seven days from date of entry of this order, the court holds further, that if a third-party defendant would seek to show any answer or response deficient, such motion shall be filed not later than seven days from this date, with response by the third-party plaintiff due seven days thereafter. Signed by District Judge Louise Wood Flanagan on 10/17/2013. (Baker, C.)
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Filing 1341
RESPONSE in Opposition regarding #1340 Third Party MOTION to Take Deposition from Rappleya, Walsh, Ward, and Weir filed by Consolidation Coal Company. (Attachments: #1 Exhibit 1 - Weir transcript) (Darragh, Daniel)
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Filing 1344
Minute Entry for proceedings held before District Judge Louise Wood Flanagan in New Bern - Administrative Telephonic Conference held on 10/16/2013 at the request of counsel for Truland Corporation. Present at conference - Jane Story and Michael Ginsberg (counsel for PCS Phosphate Company, Inc.) and Robert Redmond and Clement Carter (counsel for Truland Corporation). Court takes under advisement matters raised at conference. Written order to follow. (Baker, C.) (Baker, C.).
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Filing 1340
Third Party MOTION to Take Deposition from Rappleya, Walsh, Ward, and Weir by Truland Corporation. (Attachments: #1 Text of Proposed Order) (Redmond, Robert)
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Motions Submitted to District Judge Louise Wood Flanagan - #1329 MOTION for Discovery - Motion to Reopen Depositions, #1336 MOTION for Leave to Re-Open Certain Depositions, and #1335 MOTION to Continue the Deposition of Joe Richard Brewer. (Baker, C.)
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Filing 1339
RESPONSE regarding #1329 MOTION for Discovery - Motion to Reopen Depositions filed by PCS Phosphate Company, Inc. (Shipley, Curtis)
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Filing 1338
RESPONSE regarding #1336 MOTION in Opposition to Defendants' Joint Request to Reopen Certain Former Ward Employee Depositions filed by Consolidation Coal Company, Duke Energy Progress, Inc., PCS Phosphate Company, Inc. (Attachments: #1 Exhibit 1 - Brewer transcript excerpts and exhibit, #2 Exhibit 2 - Wilson transcript excerpts and exhibit, #3 Exhibit 3 - Brewer affidavit w/o exhibits, #4 Exhibit 4 - Aguirre transcript excerpts, #5 Exhibit 5 - Rappleyea transcript excerpts) (Darragh, Daniel) Modified on 10/15/2013 to clarify filers of document. (Baker, C.)
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Filing 1337
RESPONSE regarding #1335 MOTION to General Electric Company's Request to Reopen the Deposition of Joe Richard Brewer filed by Consolidation Coal Company, Duke Energy Progress, Inc., PCS Phosphate Company, Inc. (Attachments: #1 Exhibit 1 - Excerpt from deposition transcript, #2 Exhibit 2 - Ward records for repair transaction) (Darragh, Daniel) Modified on 10/15/2013 to clarify filing parties. (Baker, C.)
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Filing 1336
RESPONSE to Order regarding #1296 Order - Joint MOTION for Leave to Re-Open Certain Depositions filed by Atlantic City Electric Company, Blue Ridge Electric Cooperative, Inc., Broad River Electric Cooperative, Inc., Cargill, Incorporated, Consumers Energy Company, Danny Corporation, Delmarva Power & Light Company, Dixon Lumber Company, Inc., Electric Control Equipment Co., Florida Power & Light Company, GKN Driveline North American, Inc., Gladieux Trading & Marketing Co., LP, and/or Limited Corporation, Glenwood Resolution Authority, Inc., Johnson/Kerner Liaison Group, LWB Refractories Company, Occidental Chemical Corporation, Pharmacia Corporation, Potomac Electric Power Company, Sonoco Products Company, Southland Electrical Supply, Inc., St. Joseph Medical Center, Inc., Tri-State Armature & Electrical Works, Inc., Unimin Corporation, United Technologies Corporation, Washington Suburban Sanitary Commission. (Attachments: #1 Exhibit A - List of Defendants Joining in Request, #2 Exhibit B - Deposition Excerpts of) (Johnson, Keith) Modified on 10/8/2013 to clarify docket entry text and open pending motion event. (Baker, C.)
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Filing 1335
RESPONSE to Order regarding #1296 Order - General Electric Company's MOTION to Continue the Deposition of Joe Richard Brewer filed by General Electric Company. (Erteschik, Andrew) Modified on 10/8/2013 to clarify docket entry text and open motion event. (Baker, C.) Modified on 10/8/2013 (Baker, C.).
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Filing 1334
ORDER granting #1333 Motion to Withdraw as Attorney and Motion to Substitute Attorney - Andrew H. Erteschik terminated as counsel for Blue Ridge Electric Cooperative; Broad River Electric Cooperative, Inc.; Consumers Energy Company; Danny Corp.; Dixon Lumber Company, Inc.; Electric Control Equipment Company, Inc.; GKN Driveline North America, Inc.; Gladieux Trading & Marketing Co.; Glenwood Regional Medical Center n/k/a Glenwood Resolution Authority, Inc.; LWB Refractories Company k/n/a Magnesita Refractories; Pharmacia Corporation f/k/a Monsanto Company; Sonoco Products Co.; St. Joseph Medical Center; Southland Electrical Supply Company, Inc.; Tri-State Armature & Electrical Works, Inc.; Unimin Corporation; United Technologies Corporation, Pratt & Whitney Division; and Washington Suburban Sanitary Commission. Patricia P. Shields and the firm of Hedrick Gardner Kincheloe & Garofalo, LLP will serve as Local Civil Rule 83.1 Counsel for these Defendants, appearing with Jane E. Fedder of Polsinelli PC. Signed by District Judge Louise Wood Flanagan on 10/07/2013. (Baker, C.)
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Filing 1333
MOTION to Withdraw as Attorney , MOTION to Substitute Attorney by Blue Ridge Electric Cooperative, Inc., Broad River Electric Cooperative, Inc., Consumers Energy Company, Danny Corporation, Dixon Lumber Company, Inc., Electric Control Equipment Co., GKN Driveline North American, Inc., Gladieux Trading & Marketing Co., LP, and/or Limited Corporation, Glenwood Resolution Authority, Inc., LWB Refractories Company, Pharmacia Corporation, Sonoco Products Company, Southland Electrical Supply, Inc., St. Joseph Medical Center, Inc., Tri-State Armature & Electrical Works, Inc., Unimin Corporation, United Technologies Corporation, Washington Suburban Sanitary Commission. (Attachments: #1 Text of Proposed Order) (Erteschik, Andrew)
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Filing 1332
NOTICE of Appearance by Patricia P. Shields on behalf of Blue Ridge Electric Cooperative, Inc., Broad River Electric Cooperative, Inc., Consumers Energy Company, Danny Corporation, Dixon Lumber Company, Inc., Electric Control Equipment Co., GKN Driveline North American, Inc., Gladieux Trading & Marketing Co., LP, and/or Limited Corporation, Glenwood Resolution Authority, Inc., LWB Refractories Company, Pharmacia Corporation, Sonoco Products Company, Southland Electrical Supply, Inc., St. Joseph Medical Center, Inc., Tri-State Armature & Electrical Works, Inc., Unimin Corporation, United Technologies Corporation, Washington Suburban Sanitary Commission (Shields, Patricia)
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Motion Submitted to District Judge Louise Wood Flanagan - #1333 MOTION to Withdraw as Attorney and MOTION to Substitute Attorney. (Baker, C.)
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Filing 1331
NOTICE of Appearance by Clement D. Carter on behalf of Truland Corporation (Carter, Clement)
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Filing 1330
Proposed Order regarding #1329 MOTION for Discovery Motion to Reopen Depositions filed by Truland Corporation. (Redmond, Robert) Modified on 10/2/2013 to link to underlying motion. (Baker, C.)
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Filing 1329
MOTION for Discovery Motion to Reopen Depositions by Truland Corporation. (Redmond, Robert)
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NOTICE OF DEFICIENCY regarding #1329 Motion to Reopen Depositions - Pursuant to the judge's practice preferences on the court's website, counsel must submit a proposed order. The order must be filed electronically using the event PROPOSED ORDER located in the RESPONSES AND REPLIES category. (Baker, C.)
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Filing 1328
NOTICE by Thomasville Furniture Industries, Inc. (Attachments: #1 Certificate of Service) (Styers, Matthew)
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Filing 1327
NOTICE by Thomasville Furniture Industries, Inc. (Styers, Matthew)
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Filing 1326
ORDER granting #1325 Motion for Protective Order - IT IS HEREBY ORDERED that the Consent Protective Order and Stipulation of Confidentiality entered August 5, 2010 (460 DE 349; 463 DE 352) (attached hereto as Exhibit A) and the Consent Protective Order Governing Access to Documents entered September 14, 2010 (460 DE 465; 463 DE 463) (attached hereto as Exhibit B) are hereby extended to apply to all Third-Party Defendants, in addition to all original parties. In addition, the contact information for the Ward Transformer Site Trust in the Consent Protective Order Governing Access to Documents is amended as noted in the attached order. Signed by District Judge Louise Wood Flanagan on 09/30/2013. (Attachments: #1 Exhibit A - Consent Protective Order and Stipulation of Confidentiality entered August 5, 2010 (460 DE 349, 463 DE 352), #2 Exhibit B - Consent Protective Order Governing Access to Documents entered September 14, 2010 (460 DE 465, 463 DE 463)) (Baker, C.)
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Filing 1325
Joint MOTION for Protective Order by PCS Phospate Company, Inc., PCS Phosphate Company, Inc. (Attachments: #1 Text of Proposed Order, #2 Exhibit A to Proposed Order - Consent Protective Order and Stipulation of Confidentiality Entered August 5, 2010, #3 Exhibit B to Proposed Order - Consent Protective Order Governing Access to Documents Entered September 14, 2010) (Story, Jane)
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Filing 1324
ORDER granting #1322 Motion to Withdraw as Attorney - Megan P. Caldwell terminated as counsel for defendants Blue Ridge Electrical Cooperative, Southland Electrical Supply Company, Inc., and Tri-State Armature & Electrical Works, Inc. Signed by District Judge Louise Wood Flanagan on 09/30/2013. (Baker, C.)
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Filing 1323
ORDER granting #1321 Motion to Withdraw as Attorney - Joseph G. Nassif terminated as counsel for defendants Blue Ridge Electrical Cooperative, Southland Electrical Supply Company, Inc., and Tri-State Armature & Electrical Works, Inc. Signed by District Judge Louise Wood Flanagan on 09/30/2013. (Baker, C.)
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Filing 1322
MOTION to Withdraw as Attorney by Blue Ridge Electric Cooperative, Inc., Southland Electrical Supply, Inc., Tri-State Armature & Electrical Works, Inc. (Attachments: #1 Text of Proposed Order Allowing Withdrawal As Counsel For Certain Defendants) (Caldwell, Megan)
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Filing 1321
MOTION to Withdraw as Attorney by Blue Ridge Electric Cooperative, Inc., Southland Electrical Supply, Inc., Tri-State Armature & Electrical Works, Inc. (Attachments: #1 Text of Proposed Order Allowing Withdrawal As Counsel For Certain Defendants) (Nassif, Joseph)
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Filing 1320
ORDER granting #1319 Motion to Withdraw as Attorney - Jane Fedder terminated as counsel for Defendants Cargill Incorporated, Occidental Chemical Corporation, and Pepco Holdings (Delmarva Power & Light Company, Potomac Electric Power Company, and Atlantic City Electric Company). Signed by District Judge Louise Wood Flanagan on 09/30/2013. (Baker, C.)
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Filing 1319
MOTION to Withdraw as Attorney by Atlantic City Electric Company, Cargill, Incorporated, Delmarva Power & Light Company, Occidental Chemical Corporation, Potomac Electric Power Company. (Attachments: #1 Text of Proposed Order) (Fedder, Jane)
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Motions Submitted to District Judge Louise Wood Flanagan - #1322 MOTION to Withdraw as Attorney and #1321 MOTION to Withdraw as Attorney. (Baker, C.)
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Motion Submitted to District Judge Louise Wood Flanagan - #1319 MOTION to Withdraw as Attorney. (Baker, C.)
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Filing 1318
ORDER granting #1315 Motion to Withdraw as Attorney - Megan P. Caldwell terminated as LR 83.1 Special Counsel counsel for Danny Corporation f/k/a Suisman & Blumenthal; and Glenwood Resolution Authority f/k/a Glenwood Regional Medical Center. Signed by District Judge Louise Wood Flanagan on 09/24/2013. (Baker, C.)
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Filing 1317
ORDER granting #1314 Motion to Withdraw as Attorney - Joseph G. Nassif terminated as LR 83.1 Special Counsel counsel for Danny Corporation f/k/a Suisman & Blumenthal; and Glenwood Resolution Authority f/k/a Glenwood Regional Medical Center. Signed by District Judge Louise Wood Flanagan on 09/24/2013. (Baker, C.)
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Filing 1316
NOTICE regarding #1300 Response by United States Environmental Protection Agency - The court has determined that the two cases identified in the EPA's response, USAO #795022 and USAO #95021, are Eastern District of North Carolina criminal case numbers 79-3-CR -5, USA v. Robert Earl Ward, Jr. and 79-4-CR-5, USA v. Robert Earl Ward, Jr., a/k/a Buck Ward and Robert Earl Ward. III, respectively. Case number 79-4-CR-5 and its corresponding docket sheets were designated as permanent records for storage at NARA. For the convenience of the litigants and the public, the clerk's office has opened an electronic case file ("shell case") in CM/ECF under the case number of 5:79-CR-4. The docket sheet for case number 79-3-CR-5 was also deemed a permanent record at NARA; however, its corresponding case file, which contains the record for the obstruction of justice charge against Robert Earl Ward, Jr. that was ultimately dismissed, was not designated as a permanent record and therefore is not available for recall from NARA. Judicial Conference policy prohibits remote access of criminal documents filed prior to November 1, 2004, but any member of the bar or public may view the public contents of the shell case at the clerk's office's public terminal. (Attachments: #1 Previous Docket Sheets) (Baker, C.)
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Filing 1315
MOTION to Withdraw as Attorney For Certain Defendants by Danny Corporation, Glenwood Resolution Authority, Inc. (Attachments: #1 Text of Proposed Order Proposed Order) (Caldwell, Megan)
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Filing 1314
MOTION to Withdraw as Attorney For Certain Defendants by Danny Corporation, Glenwood Resolution Authority, Inc. (Attachments: #1 Text of Proposed Order Proposed Order) (Nassif, Joseph)
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Filing 1313
NOTICE by PCS Phospate Company, Inc., PCS Phosphate Company, Inc. Regarding Third-Party Plaintiff PCS Phosphate Company, Inc.'s Settlement Offer to Third-Party Defendant Melinz-Rebar, Inc. (Story, Jane)
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Filing 1312
ORDER granting #1311 Motion to Withdraw as Attorney - Attorney Jane E. Fedder terminated as counsel for Florida Power & Light. Signed by District Judge Louise Wood Flanagan on 09/23/2013. (Baker, C.)
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Filing 1311
MOTION to Withdraw as Attorney by Florida Power & Light Company. (Attachments: #1 Text of Proposed Order) (Fedder, Jane)
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Motion Submitted to District Judge Louise W. Flanagan - #1311 MOTION to Withdraw as Attorney. (Baker, C.)
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Filing 1310
ORDER granting #1308 Motion to Withdraw as Attorney - Megan P. Caldwell terminated as LR 83.1 Special Counsel for Broad River Electrical Cooperative, Inc.; Consumer Energy; Dixon Lumber Company, Inc.; Electric Control Equipment Company; GKN Driveline North America, Inc.; Gladieux Trading & Marketing Co., LP, and/or Limited Corporation; Magnesita Refractories, f/k/a LWB Refractories Company; Pharmacia Corporation f/k/a Monsanto Company; St. Joseph Medical Center, Inc.; Sonoco Products Company; Unimin Corporation; United Technologies Corporation, Pratt & Whitney Division; and Washington Suburban Sanitary Commission. Signed by District Judge Louise Wood Flanagan on 09/19/2013. (Baker, C.)
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Filing 1309
ORDER granting #1307 Motion to Withdraw as Attorney - Joseph G. Nassif terminated as LR 83.1 Special Counsel for Broad River Electrical Cooperative, Inc.; Consumer Energy; Dixon Lumber Company, Inc.; Electric Control Equipment Company; GKN Driveline North America, Inc.; Gladieux Trading & Marketing Co., LP, and/or Limited Corporation; Magnesita Refractories, f/k/a LWB Refractories Company; Pharmacia Corporation f/k/a Monsanto Company; St. Joseph Medical Center, Inc.; Sonoco Products Company; Unimin Corporation; United Technologies Corporation, Pratt & Whitney Division; and Washington Suburban Sanitary Commission. Signed by District Judge Louise Wood Flanagan on 09/19/2013. (Baker, C.)
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Filing 1308
MOTION to Withdraw as Attorney for Certain Defendants by Broad River Electric Cooperative, Inc., Consumers Energy Company, Dixon Lumber Company, Inc., Electric Control Equipment Co., GKN Driveline North American, Inc., Gladieux Trading & Marketing Co., LP, and/or Limited Corporation, LWB Refractories Company, Pharmacia Corporation, Sonoco Products Company, St. Joseph Medical Center, Inc., Unimin Corporation, United Technologies Corporation, Washington Suburban Sanitary Commission. (Attachments: #1 Text of Proposed Order Proposed Order Allowing Withdrawal as Counsel for Certain Defendants) (Caldwell, Megan)
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Filing 1307
MOTION to Withdraw as Attorney for Certain Defendants by Broad River Electric Cooperative, Inc., Consumers Energy Company, Dixon Lumber Company, Inc., Electric Control Equipment Co., GKN Driveline North American, Inc., Gladieux Trading & Marketing Co., LP, and/or Limited Corporation, LWB Refractories Company, Pharmacia Corporation, Sonoco Products Company, St. Joseph Medical Center, Inc., Unimin Corporation, United Technologies Corporation, Washington Suburban Sanitary Commission. (Attachments: #1 Text of Proposed Order Proposed Order Allowing Withdrawal as Counsel for Certain Defendants) (Nassif, Joseph)
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Filing 1306
ORDER granting #1305 Motion to Withdraw as Attorney - Jane E. Fedder terminated as counsel for Third-Party Defendant Georgia Pacific LLC. Signed by District Judge Louise Wood Flanagan on 09/18/2013. (Baker, C.)
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Filing 1305
MOTION to Withdraw as Attorney by Georgia-Pacific, LLC. (Attachments: #1 Text of Proposed Order) (Fedder, Jane)
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NOTICE OF DEFICIENCY regarding #1304 Notice - Filings seeking relief from the court must be filed using a motion event. Counsel is directed to refile this document using the "Motion to Withdraw as Attorney" event. (Baker, C.)
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Filing 1304
*DOCUMENT CORRECTED AND REFILED AT DOCKET ENTRY #1305 * - NOTICE by Georgia-Pacific, LLC (Attachments: #1 Text of Proposed Order) (Fedder, Jane) Modified on 9/18/2013 to insert refiling information. (Baker, C.)
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Filing 1303
NOTICE of Change of Address by Todd S. Roessler (Roessler, Todd)
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Filing 1302
*DOCUMENT CORRECTED AND REFILED AT DOCKET ENTRY #1303 * - NOTICE by Bassett Furniture Industries, Inc. Notice of Change of Address (Roessler, Todd) Modified on 9/12/2013 to insert refiling information. (Baker, C.)
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NOTICE OF DEFICIENCY regarding #1302 Notice-(other) - Incorrect event used. Counsel is directed to refile this document using the event Notice of Change of Address located in the 'Notices' category of filing selections. (Baker, C.)
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Filing 1301
ORDER - This matter comes before the court in consideration of a potential discovery dispute regarding dissemination of deposition transcripts to third-party defendants. The court encourages the parties to reach some immediate consensus as to access and distribution of the transcripts at issue, and discovery materials generally in this case. If there is an issue unable to be resolved, of or relating to access by the third-party defendants to existing deposition transcripts, any motion shall be filed by Thursday, September 12, 2013, with any response due by Monday, September 16, 2013. Signed by District Judge Louise Wood Flanagan on 09/10/2013. (Baker, C.)
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Filing 1300
RESPONSE by unknown United States Environmental Protection Agency regarding #1296 Order - United States' Response to the Court's August 19, 2013 Order. (Jonas, Lori)
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Filing 1299
NOTICE of Change of Address by Jane E. Fedder (Fedder, Jane)
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Filing 1298
RESPONSE to Discovery Request from Rule 26(a)(1) Initial Disclosures filed by Villanova University, Villanova University in the State of Pennsylvania. (Segletes, Theodore)
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NOTICE TO COUNSEL regarding #1298 Response to Discovery Request from Rule 26(a)(1) Initial Disclosures - Counsel is reminded that pursuant to Local Civil Rule 26.1, discovery materials need not be filed unless ordered or needed by the court. (Baker, C.)
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Filing 1297
ORDER (Re: third-party defendant Melinz Rebar, Inc.) - The status of the parties' service activities as it relates to this third-party defendant are unclear. Where no notice of appearance was filed on its behalf from and after February 1, 2013, Melinz has not been served with court filings since its counsel withdrew, until July 19, 2013, when in the court's regular docket review this issue was renewed. The court's July 19, 2013, order directing third-party defendant Melinz to obtain counsel within twenty-one (21) days, was served by the clerk of court upon Melinz through its registered agent. More than twenty-one (21) days have elapsed and Melinz still has not obtained counsel in contravention of the court's order, the district's local rules, and well-established case law that a corporation only may appear in this court through licensed counsel. Of its own initiative, the court extends for a further twenty-one (21) days from date of entry of this order the deadline for Melinz to secure new counsel. If the third-party plaintiff is engaged in negotiations with Melinz directly, it shall report that to the court. Otherwise, if the twenty-one (21) day deadline expires, with no appearance being filed, the third-party plaintiff is on notice that representational issue remains as to this third-party defendant, and the third-party plaintiff shall take such other and further action as deemed necessary to perfect any right claimed by it against Melinz. Signed by District Judge Louise Wood Flanagan on 8/21/2013. (Tripp, S.)
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Filing 1296
ORDER (Regarding Case Schedule) - With benefit of the parties' joint report, proposed agendas, and other documents filed in advance of the hearing, and considering the issues raised at conference, the court lifts blanket stay and orders as provided in the attached order. Original parties shall make available to third parties their Initial Informal Discovery responses and deposition transcripts by 8/28/2013. The parties shall meet and confer by 11/15/2013, to consider how the case has developed. The parties shall file with the court a joint report of conference in aid to the court's subsequent entry of further scheduling order, which report shall be filed by 11/29/2013. A jointly proposed protective order or the parties' respective motions for a protective order shall be filed by 9/30/2013. The court strongly encourages the parties to discuss settlement of claims through formal or informal process, which may in this case involve a Special Master. The parties shall include discussion on these issues in Addendum B to the joint report to be filed by 11/29/2013. Within fourteen (14) days after decision by the Fourth Circuit on the Sales Only test case now on appeal, the making of supplemental joint report to the court concerning any suggested modifications to the case schedule based upon that ruling. While hearing a request 8/15/2013, from a defendant for a consignment test case, the court declines at this time to endorse a further test case. While hearing a request on 8/15/2013, from a plaintiff urging that the repair test case defendant Broad River be taken at this time to trial, having reflected on the arguments in support and in opposition to this, it is the court's determination that trial will be stayed pending further case developments. Counsel are directed to read the order in its entirety for critical information, directives, and deadlines. Signed by District Judge Louise Wood Flanagan on 8/19/2013. (Attachments: #1 June 14, 2010 Case Management Order, #2 January 13, 2011 Order) (Tripp, S.) Modified on 8/28/2013 to clarify docket entry text. (Baker, C.)
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Remark - Case Administrator served a copy of #1296 ORDER on this date via electronic mail addressed to the attention of C. Jade Rutland (rutland.jade@epa.gov) and Lori Jonas (lori.jonas@usdoj.gov). (Tripp, S.)
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Filing 1295
NOTICE of Appearance for non-district by Marc J. Wojciechowski on behalf of Ventech Engineers, Inc., and/or Ventech Process Equipment, Inc. and/or Ventech Equipment Inc. and/or The Ventech Companies (Wojciechowski, Marc)
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Filing 1294
Spreadsheet of Remaining Defendants at commencement of 8/15/2013 Status Conference. (Document distributed in open court to all counsel in attendance for proceedings.) (Attachments: #1 Sign-in sheet of attendees appearing personally at 8/15/2013 conference, #2 List of attendees appearing telephonically as self-reported by counsel in advance of 8/15/2013 conference) (Baker, C.)
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Filing 1293
*DOCUMENT CORRECTED AND REFILED AT DOCKET ENTRY #1295 * - NOTICE of Appearance for non-district by Marc J. Wojciechowski on behalf of Ventech Engineers, Inc., and/or Ventech Process Equipment, Inc. and/or Ventech Equipment Inc. and/or The Ventech Companies (Wojciechowski, Marc) Modified on 8/16/2013 to insert refiling information. (Baker, C.)
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NOTICE OF DEFICIENCY regarding #1291 Notice of Appearance for Non-District Counsel, Marc J. Wojciechowski - Each attorney must file his or her own Notice of Appearance. The CM/ECF electronic filing and docketing system does not recognize filings made on behalf of multiple attorneys for purposes of appearing on the court's docket. Further, counsel is reminded that this document must also be filed in the related case (5:08-cv-463-FL). (Baker, C.)
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NOTICE OF DEFICIENCY regarding #1293 Notice of Appearance for Non-District Counsel - An incorrect document was attached to this docket entry. Counsel is directed to refile the document and attach the correct document. (Baker, C.)
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Filing 1292
Minute Entry for proceedings held before District Judge Louise Wood Flanagan in New Bern, NC - Status Conference held on 8/15/2013. Court addresses and advances matters outlined and previewed more particularly in #1290 NOTICE. Written order to follow. (Court Reporter - David Collier) (Baker, C.)
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Filing 1291
*DOCUMENT CORRECTED AND REFILED AT DOCKET ENTRY #1295 * - NOTICE of Appearance for non-district by Marc J. Wojciechowski on behalf of Ventech Engineers, Inc., and/or Ventech Process Equipment, Inc. and/or Ventech Equipment Inc. and/or The Ventech Companies (Wojciechowski, Marc) Modified on 8/16/2013 to insert refiling information. (Baker, C.)
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Filing 1290
NOTICE - Items for Discussion for August 15, 2013 Conference. (Baker, C.)
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Filing 1289
NOTICE TO COUNSEL - Where time for conference convening 8/15/13 is limited, the court sets out in the attached document particulars of the case which otherwise would be addressed from the bench at the start. Signed by District Judge Louise Wood Flanagan on 08/14/2013. (Baker, C.)
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Filing 1288
NOTICE of Appearance by Conor Patrick Regan on behalf of Henkels & McCoy, Inc. (Regan, Conor)
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Filing 1287
NOTICE of Appearance by Christopher R. Kiger on behalf of Duke Energy Progress, Inc. (Kiger, Christopher)
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Filing 1286
NOTICE of Appearance by Seth Davis Beckley on behalf of Emma L. Bixby Medical Center (Beckley, Seth)
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Filing 1285
ORDER denying #1252 Motion for Pretrial Settlement Conference; terminating #1254 Motion for Joinder; and denying #1264 Motion to Compel - At upcoming conference, among other things, the court will engage the parties attending about settlement timing and techniques which may be considered in aid to settlement efforts, including utility of a special master. Defendants' motion seeking court ordered attendance by the EPA is denied. However, the court having noticed that it will be sponsoring some form of a required technique in aid to settlement efforts at a later date, which reasonably will be a topic of discussion at the pending conference, does encourage the EPA to send its representative, to inform as to its position concerning how those efforts may be made effective. Signed by District Judge Louise Wood Flanagan on 08/12/2013. (Baker, C.)
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Filing 1284
NOTICE by Barnes & Powell Electrical Company, Inc., East Kentucky Power Cooperative, Inc., G&S Motor Equipment Company, Inc., Guernsey-Muskingum Electric Cooperative Inc., Jet Electric Motor Co., Inc., Mass. Electric Construction Co., P. C. Campana, Inc., Pactiv Corporation, SHO-ME Power Electric Cooperative, St. John's College, The Rouse Company, LLC, Villanova University regarding #1218 Order, Certain Sales Defendants' Proposed Agenda For Case Management Conference on August 15, 2013 (Sands, Laurie)
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Filing 1283
ORDER denying #1241 Motion for Certificate of Appealability - Signed by District Judge Louise Wood Flanagan on 08/12/2013. (Baker, C.)
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Filing 1282
NOTICE by Consolidation Coal Company regarding #1218 Order, Proposed Agenda for August 15, 2013 Status Conference (Darragh, Daniel)
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Filing 1281
NOTICE by Saint Augustine's College of Interest Regarding a Third-Party Settlement Conference (Francis, Charles)
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Filing 1280
RESPONSE to Motion regarding #1264 MOTION to Compel of Certain Defendants to Compel EPA's Attendance at August 15 Status Conference filed by United States Environmental Protection Agency. (Jonas, Lori)
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Motions Submitted to District Judge Louise Wood Flanagan - #1252 MOTION for Pretrial Settlement Conference and #1254 MOTION for Joinder RE: Villanova University's Joinder In Co-Third Party Defendants' Motion For Pretrial Settlement Conference. (Baker, C.)
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Motion Submitted to District Judge Louise Wood Flanagan - #1264 MOTION to Compel. (Baker, C.)
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Filing 1279
REPLY to Response to Motion regarding #1252 MOTION for Pretrial Settlement Conference filed by City of Winston-Salem, North Carolina, FABRI-KAL Corporation. (Johnson, Keith)
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Filing 1278
ORDER granting #1273 Motion to Appoint Counsel - Susan K. Spurgeon is appointed as Administrative Liaison Counsel for third-party defendants Bay Mechanical & Electrical Corporation, E. Luke Greene Company, Inc., Parker-Hannifin Corporation, Tallahassee Memorial Healthcare, Inc., The North Carolina Granite Corporation. Signed by District Judge Louise Wood Flanagan on 08/07/2013. (Baker, C.)
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Motion Submitted to District Judge Louise Wood Flanagan - #1273 MOTION to Appoint Counsel - Certain Third-Party Defendants' Nomination of Liaison Counsel. (Baker, C.)
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Filing 1277
NOTICE by CEMEX Construction Materials FL, LLC, DACCO Incorporated, J. C. Blair Memorial Hospital, National Railroad Passenger Corporation, Woodstream Corporation of Interest Regarding Third-Party Settlement Conference (Risinger, Bradley)
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Filing 1276
NOTICE by Barnes & Powell Electrical Company, Inc. of interest in Proposed Settlement Conference (Schoolman, Brian)
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Filing 1275
NOTICE by Trinity Industries, Inc. of Interest in Proposed Settlement Conference (Sencenbaugh, Adam)
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Filing 1274
NOTICE by Bay Mechanical & Electrical Corporation, E. Luke Greene Company, Inc., Georgia-Pacific, LLC, Tallahassee Memorial Healthcare, Inc., The North Carolina Granite Corporation Certain Third-Party Defendants' Notice of Interest Regarding a Third-Party Settlement Conference (Spurgeon, Susan)
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Filing 1273
MOTION to Appoint Counsel Certain Third-Party Defendants Nomination of Liaison Counsel by Bay Mechanical & Electrical Corporation, E. Luke Greene Company, Inc., Parker-Hannifin Corporation, Tallahassee Memorial Healthcare, Inc., The North Carolina Granite Corporation. (Attachments: #1 Text of Proposed Order of Appointment of Administrative Liaison Counsel for Certain Third-Party Defendants) (Spurgeon, Susan)
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Filing 1272
STATUS REPORT Proposed Agenda for Status Conference by Tallahassee Memorial HealthCare Inc. and by Atlantic City Electric Company, Babson College, Bay Mechanical & Electrical Corporation, Blue Ridge Electric Cooperative, Inc., Broad River Electric Cooperative, Inc., Cargill Incorporated, Consumers Energy Company, Danny Corp., Delmarva Power & Light Company, Dixon Lumber Company, Incorporated, Electric Control Equipment Company, Florida Power & Light Company, GKN Driveline North American, Inc., Georgia-Pacific, LLC, Glenwood Regional Medical Center, LWB Refractories Company, Occidental Chemical Corporation, Pharmacia Corporation, Potamac Electric Power Company, Sonoco Products Company, Southland Electrical Supply, Inc., St. Joseph Medical Center, Inc., Tri-State Armature & Electrical Works, Inc., Unimin Corporation, United Technologies Corporation, Pratt & Whitney Division, Washington Suburban Sanitary Commission. (Attachments: #1 Supplement Examples of Lone Pine Orders)Associated Cases: 5:08-cv-00460-FL, 5:08-cv-00463-FL (Fedder, Jane)
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Filing 1271
NOTICE by Riley Power Inc. of Interest in Participating in Settlement Conference (Friesen, Bradley)
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Filing 1270
NOTICE of Desire to Participate in Third-Party Settlement Conference by Henkels & McCoy, Inc. (Lewis, J.) Modified on 8/6/2013 to clarify docket entry text. (Baker, C.)
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Filing 1269
RESPONSE in Opposition regarding #1252 MOTION for Pretrial Settlement Conference, #1254 MOTION for Joinder, #1258 NOTICE of Desire to Participate in Third-Party Settlement Conference, and #1267 NOTICE of Desire to Participate in Third-Party Settlement Conference, filed by PCS Phosphate Company, Inc. (Shipley, Curtis) Modified on 8/6/2013 to clarify docket entry text. (Baker, C.)
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Filing 1268
NOTICE Memorializing Telephonic and Personal Attendance Protocol for August 15, 2013 Conference - Signed by District Judge Louise Wood Flanagan on 08/06/2013. (Baker, C.)
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Filing 1267
NOTICE by Mass. Electric Construction Co. of Desire to Participate in Third-Party Settlement Conference (Larson, Linda)
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TEXT ORDER regarding #1264 MOTION to Compel and #1266 Joint Status Report - This matter comes before the court upon that notice filed August 2, 2013, where defendants attending conference August 15, 2013, with the court through counsel seek to be relieved in this instance from requirement that local counsel also attend. In its discretion, the court allows this request given the large number of counsel attending and associated expense involved for local counsel also to attend. The court takes note also of a motion to compel filed July 31, 2013, directed towards the United States Environmental Protection Agency ("EPA"), seeking to compel its attendance at the August 15, 2013, conference to explain its refusal to offer de minimis settlements, offer protections to non-exempt de micromis parties, and/or take a leading role in orchestrating sitewide settlement discussions. The EPA shall file a response to the motion by Friday, August 9, 2013, informing as to its position, including its participation in settlement procedure(s), where the court is considering appointment of a special master. Signed by District Judge Louise Wood Flanagan on 08/05/2013. (Baker, C.)
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Remark - Case Administrator served the following items on this date via electronic mail addressed to the attention of C. Jade Rutland (rutland.jade@epa.gov) and Lori Jonas (lori.jonas@usdoj.gov): #1264 MOTION to Compel; #1265 Memorandum in Support; and TEXT ORDER entered on August 5, 2013. (Baker, C.)
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Filing 1266
NOTICE by Atlantic City Electric Company, Blue Ridge Electric Cooperative, Inc., Broad River Electric Cooperative, Inc., Cargill, Incorporated, Consolidation Coal Company, Consumers Energy Company, Danny Corporation, Delmarva Power & Light Company, Dixon Lumber Company, Inc., Duke Energy Carolinas, LLC, Electric Control Equipment Co., Florida Power & Light Company, GKN Driveline North American, Inc., Georgia-Pacific, LLC, Gladieux Trading & Marketing Co., LP, and/or Limited Corporation, Glenwood Resolution Authority, Inc., Johnson/Kerner Liaison Group, LWB Refractories Company, Occidental Chemical Corporation, PCS Phospate Company, Inc., PCS Phosphate Company, Inc., Pharmacia Corporation, Potomac Electric Power Company, Sales Transaction Defendants Liaison, Sonoco Products Company, Southland Electrical Supply, Inc., St. Joseph Medical Center, Inc., Tallahassee Memorial Healthcare, Inc., Tri-State Armature & Electrical Works, Inc., Unimin Corporation, United Technologies Corporation, Washington Suburban Sanitary Commission regarding #1248 Order, Set Hearings,,,, JOINT SUBMISSION REGARDING PARTICIPATION AT AUGUST 15 CONFERENCE (Attachments: #1 List of Counsel Desiring Telephonic Participation) (Johnson, Keith)
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Filing 1265
Memorandum in Support regarding #1264 MOTION to Compel of Certain Defendants filed by Atlantic City Electric Company, Bay Mechanical & Electrical Corporation, Blue Ridge Electric Cooperative, Inc., Broad River Electric Cooperative, Inc., Cargill, Incorporated, Consumers Energy Company, Danny Corporation, Delmarva Power & Light Company, Dixon Lumber Company, Inc., E. Luke Greene Company, Inc., Electric Control Equipment Co., Florida Power & Light Company, GKN Driveline North American, Inc., Georgia-Pacific, LLC, Gladieux Trading & Marketing Co., LP, and/or Limited Corporation, Glenwood Resolution Authority, Inc., LWB Refractories Company, Occidental Chemical Corporation, Parker-Hannifin Corporation, Pharmacia Corporation, Potomac Electric Power Company, Sonoco Products Company, Southland Electrical Supply, Inc., St. Joseph Medical Center, Inc., Tallahassee Memorial Healthcare, Inc., Tri-State Armature & Electrical Works, Inc., Unimin Corporation, United Technologies Corporation, Washington Suburban Sanitary Commission. (Attachments: #1 Index Exhibit Index, #2 Exhibit #1 EPA Streamlined Approach for Settlements, #3 Exhibit #2 EPA Revised Settlement Policy, #4 Exhibit #3 Excerpts from EPA's Response to Public Comments, #5 Exhibit #4 Excerpts from Statement of Lois J. Schiffer, #6 Exhibit #5 EPA Fact Sheet, #7 Exhibit #6 March 15, 2011 Letter, #8 Exhibit #7 EPA Fact Sheet, #9 Exhibit #8 EPA Summary of Methodologies) (Fedder, Jane)
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Filing 1264
MOTION to Compel of Certain Defendants by Atlantic City Electric Company, Bay Mechanical & Electrical Corporation, Blue Ridge Electric Cooperative, Inc., Broad River Electric Cooperative, Inc., Cargill, Incorporated, Consumers Energy Company, Danny Corporation, Delmarva Power & Light Company, Dixon Lumber Company, Inc., Electric Control Equipment Co., Florida Power & Light Company, GKN Driveline North American, Inc., Georgia-Pacific, LLC, Gladieux Trading & Marketing Co., LP, and/or Limited Corporation, Glenwood Resolution Authority, Inc., LWB Refractories Company, Occidental Chemical Corporation, Parker-Hannifin Corporation, Pharmacia Corporation, Potomac Electric Power Company, Sonoco Products Company, Southland Electrical Supply, Inc., St. Joseph Medical Center, Inc., Tallahassee Memorial Healthcare, Inc., Tri-State Armature & Electrical Works, Inc., Unimin Corporation, United Technologies Corporation, Washington Suburban Sanitary Commission. (Attachments: #1 Text of Proposed Order Proposed order) (Fedder, Jane)
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Filing 1263
NOTICE of Appearance by Richard V. Bennett on behalf of Alcan Primary Products Corporation (Bennett, Richard)
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Filing 1262
NOTICE Memorializing Previous Case Involvement/Progress by U.S. Magistrate Judge David W. Daniel - Signed by U.S. District Judge Louise Wood Flanagan on 07/29/2013. (Baker, C.)
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Filing 1261
Notice of Substitution of Counsel by Johna G. Hedden on behalf of Caterpillar Inc. substituting for Julie S. Stine (Hedden, Johna)
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Filing 1260
NOTICE of Appearance for non-district by Johna G. Hedden on behalf of Caterpillar Inc. (Attachments: #1 Exhibit CM/ECF Registration Form) (Hedden, Johna)
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Motion Submitted to District Judge Louise Wood Flanagan - #1241 Third Party MOTION for Certificate of Appealability - Motion for Certification of Interlocutory Appeal. (Baker, C.)
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Filing 1259
REPLY to Response to Motion regarding #1241 Third Party MOTION for Certificate of Appealability Motion for Certification of Interlocutory Appeal filed by Truland Corporation. (Dinsmore, Joan)
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Filing 1258
NOTICE by Parker-Hannifin Corporation of Desire to Participate in Third-Party Settlement Conference (Attachments: #1 Exhibit A - PSC Documents B011309 - 10; EPA-WRC 00017134 - 35; B011304; A-008193, #2 Exhibit B - PSC Documents B018891; B018893; EPA-WCR 00017140 - 42; A-017792) (Olson, Kurt)
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Filing 1257
*DOCUMENT CORRECTED AND REFILED AT DOCKET ENTRY #1258 * - NOTICE by Parker-Hannifin Corporation of Desire to Participate in Third-Party Settlement Conference (Attachments: #1 Exhibit, #2 Exhibit) (Olson, Kurt) Modified on 7/26/2013 to insert refiling information. (Baker, C.)
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Filing 1256
ORDER granting #1255 Motion to Withdraw as Attorney - M. Riana Smith is hereby withdrawn as counsel for Third-Party Defendant Barnes and Powell Electrical Company, Inc. and should be removed from the electronic filing service list for this matter. Signed by District Judge Louise Wood Flanagan on 07/26/2013. (Baker, C.)
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Motion Submitted to District Judge Louise Wood Flanagan - #1255 MOTION to Withdraw as Attorney. (Baker, C.)
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NOTICE OF DEFICIENCY regarding #1257 Notice of Desire to Participate in Third-Party Settlement Conference - Counsel failed to identify each exhibit or attachment pursuant to Section L(2)(b) of the Court's Electronic Policies and Procedures Manual. Counsel is instructed to refile the document making sure that each attached exhibit is properly identified using a complete description in the docket entry text. (Baker, C.)
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Filing 1255
MOTION to Withdraw as Attorney by Barnes & Powell Electrical Company, Inc. (Attachments: #1 Text of Proposed Order) (Smith, M.)
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Filing 1254
MOTION for Joinder RE: Villanova University's Joinder In Co-Third Party Defendants' Motion For Pretrial Settlement Conference by Villanova University. (Attachments: #1 Text of Proposed Order, #2 Certificate of Service) (Segletes, Theodore)
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TEXT ORDER regarding #1252 MOTION for Pretrial Settlement Conference - Two of the third-party defendants in these cases have filed motion for court-hosted settlement conference between third-party defendants and PCS Phosphate Company, Inc. Fabri-Kal Corporation and the City of Winston-Salem argue that their involvement at the Ward site was limited to not more than three transactions by the City and two by Fabri-kal, and this would be an efficient manner to resolve claims against them where PCS Phosphate has not responded to settlement offers made for over four months now. Movants refer to other third-party defendants in similar circumstances. They seek this court to convene conference among these parties after the one scheduled August 15, 2013. The proposed order urges that "[i]n the interest of judicial economies, any third-party defendant interested in early settlement opportunities should attend this conference, so that multiple conferences of this nature can be avoided." Since the making of the motion, PCS Phosphate has filed a stipulation of dismissal against Lockwood's Electric Motor Service, Inc., which stipulation memorializes that claims by this defendant against it also are voluntarily dismissed with prejudice. The court endorses immediate efforts to assess and determine the status of claims against any defendant who has made an offer of settlement, and to make any response to that offering party deemed appropriate. As to the motion requesting settlement conference August 15, 2013, response of PCS Phosphate shall be due by Tuesday, August 6, 2013. Any other defendant wishing to be considered, should the court facilitate such a conference, shall notice their interest in participating also by the August 6, 2013 deadline. Signed by District Judge Louise Wood Flanagan on 07/25/2013. (Baker, C.)
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Filing 1253
STIPULATION of Dismissal With Prejudice of Defendant Lockwood's Electric Motor Service, Inc. by PCS Phospate Company, Inc., PCS Phosphate Company, Inc.. (Story, Jane)
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Filing 1252
MOTION for Pretrial Settlement Conference by City of Winston-Salem, North Carolina, FABRI-KAL Corporation. (Attachments: #1 Text of Proposed Order) (Johnson, Keith)
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Filing 1251
ORDER denying #1220 Motion for Certification of Interlocutory Appeal - Signed by District Judge Louise Wood Flanagan on 07/22/2013. (Baker, C.)
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Filing 1250
NOTICE of Appearance by Brian J. Schoolman on behalf of Barnes & Powell Electrical Company, Inc. (Schoolman, Brian)
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Filing 1249
ORDER - This matter comes before the court on its own initiative, where regular docket review reveals that third-party defendant Melinz-Rebar, Inc. appears to be attempting to proceed pro se. Where defendant Melinz-Rebar, Inc., is a business entity and may not appear without counsel, said counsel having been allowed in February of this year to withdraw, the court ORDERS that Melinz Rebar, Inc., shall within twenty-one (21) days from the date of entry of this order retain counsel and direct that counsel to file a notice of appearance. Signed by District Judge Louise Wood Flanagan on 07/19/2013. (Baker, C.)
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Filing 1248
ORDER - Conference to consider various topics jointly proposed in recent filings set for 8/15/2013 at 1:30 PM in New Bern - 2nd floor Courtroom before District Judge Louise Wood Flanagan. The court directs the parties to assess which counsel for defendants and third-party defendants are necessary to attend in person, and who among the other counsel would seek to listen to theconference telephonically, and provide this information in unified format to the court on or beforeAugust 2, 2013. Signed by District Judge Louise Wood Flanagan on 07/19/2013. (Baker, C.)
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Filing 1247
RESPONSE in Opposition regarding #1241 Third Party MOTION for Certificate of Appealability - Motion for Certification of Interlocutory Appeal filed by PCS Phospate Company, Inc.(Attachments: #1 Exhibit A - Truland nexus documents, #2 Exhibit B - Phillip v. Geo Group, #3 Exhibit C - Fannin v. CSX Transp., #4 Exhibit D - Pharmanetics v. Aventis, #5 Exhibit E - Brewer deposition excerpts and corresponding exhibits, #6 Exhibit F - Quilling v. Cristell) (Story, Jane)
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Motion Submitted to District Judge Louise Wood Flanagan - #1220 MOTION for Certificate of Appealability - Motion for Certification of Interlocutory Appeal. (Baker, C.)
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Filing 1246
REPLY to Response to Motion regarding #1220 MOTION for Certificate of Appealability Motion for Certification of Interlocutory Appeal filed by Broad River Electric Cooperative, Inc.. (Attachments: #1 Exhibit #1 Case re Rural Water District v. City of Eudora, Kansas) (Fedder, Jane)
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Filing 1245
FINANCIAL DISCLOSURE STATEMENT by Alcan Primary Products Corporation. (Keller, Alysa)
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Filing 1244
RESPONSE in Opposition regarding #1220 MOTION for Certificate of Appealability Motion for Certification of Interlocutory Appeal filed by Duke Energy Progress, Inc. (Attachments: #1 Exhibit A - Phillip v. GEO Group, #2 Exhibit B - Rahmi v. Trumble, #3 Exhibit C - Pharmanetics, Inc. v. Aventis Pharms) (Smith, Christopher)
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Filing 1243
RESPONSE in Opposition regarding #1220 MOTION for Certificate of Appealability Motion for Certification of Interlocutory Appeal filed by Consolidation Coal Company, PCS Phospate Company, Inc. (Attachments: #1 Exhibit A - Am. Int'l Specialty Lines Ins. Co. v. United States, 2010 WL 2635768 (C.D. Cal. June 30, 2010), #2 Exhibit B - Phillip v. GEO Group, Inc., WL 4946769 (E.D.N.C. Oct. 18, 2011), #3 Exhibit C - Fannin v. CSX Transp., Inc., 1989 WL 42538 (4th Cir. 1989), #4 Exhibit D - Pharmanetics, Inc. v. Aventis Pharmaceuticals, Inc., (2005 WL 6000369 (E.D.N.C. May 4, 2005)) (Darragh, Daniel)
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Filing 1242
Memorandum in Support regarding #1241 Third Party MOTION for Certificate of Appealability Motion for Certification of Interlocutory Appeal filed by Truland Corporation. (Attachments: #1 Exhibit 1 - Order Sheet, #2 Text of Proposed Order) (Redmond, Robert) Modified on 6/30/2013 to clarify docket entry text. (Baker, C.)
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Filing 1241
Third Party MOTION for Certificate of Appealability Motion for Certification of Interlocutory Appeal by Truland Corporation. (Redmond, Robert)
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Filing 1240
*DOCUMENT CORRECTED AND REFILED AT DOCKET ENTRY #1242 * - Third Party MOTION for Certificate of Appealability Memorandum in Support of Motion for Certification of Interlocutory Appeal by Truland Corporation. (Attachments: #1 Exhibit Exhibit 1, #2 Text of Proposed Order Proposed Order) (Dinsmore, Joan) Modified on 6/30/2013 to insert refiling information. (Baker, C.)
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Filing 1239
*DOCUMENT CORRECTED AND REFILED AT DOCKET ENTRY #1241 * - Third Party MOTION for Certificate of Appealability Motion for Certification of Interlocutory Appeal by Truland Corporation. (Dinsmore, Joan) Modified on 6/30/2013 to insert refiling information. (Baker, C.)
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Filing 1238
NOTICE by Truland Corporation Objections to PCS Phosphate's Categorization of Alleged Transactions (Dinsmore, Joan)
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NOTICE OF DEFICIENCY regarding #1240 Motion for Certificate of Appealability - Counsel has used an incorrect event to file the memorandum in support of the underlying motion and must refile the document using the appropriate event. The pending motion event for this docket entry has been terminated as it raises no justiciable issue for this court. (Baker, C.)
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Filing 1237
ORDER granting #1235 Motion to Withdraw as Attorney - Bruce White, Esq. and the law firm of Barnes & Thornburg LLP are withdrawn as counsel for Defendant Alcan Primary Products Corporation in this matter. Signed by District Judge Louise Wood Flanagan on 06/26/2013. (Baker, C.)
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Motion Submitted to District Judge Louise Wood Flanagan - #1235 MOTION to Withdraw as Attorney. (Baker, C.)
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Filing 1236
NOTICE by Alcan Primary Products Corporation regarding #1235 MOTION to Withdraw as Attorney (proposed Order) (White, Alan)
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Filing 1235
MOTION to Withdraw as Attorney by Alcan Primary Products Corporation. (Attachments: #1 Text of Proposed Order) (White, Alan)
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Filing 1234
NOTICE by Duquesne Light Company Notice of Disclaimer of Affiliation with Liaison Counsel (Olson, Kurt)
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Filing 1233
RESPONSE regarding #1093 NOTICE by PCS Phosphate Company, Inc. re #1091 Order - Lists of Third-Party Defendants Remaining in the Case by Transaction Category filed by UPS Ground Freight, Inc. (Attachments: #1 Exhibit A - Ward nexus documents A-012195, WT010755, and EPA-WCR 00017071) (Babcock, Sarah) Modified on 6/26/2013 to clarify docket entry text. (Baker, C.)
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Filing 1232
NOTICE of Appearance by Hal J. Pos on behalf of Alcan Primary Products Corporation (Pos, Hal)
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Filing 1231
NOTICE of Appearance by Alysa M. Keller on behalf of Alcan Primary Products Corporation (Keller, Alysa)
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Filing 1230
ORDER granting #1229 Motion to Withdraw as Attorney - Attorney Donald H. Beskind terminated as counsel for Defendant Union Electric Company d/b/a AmerenUE. Signed by District Judge Louise Wood Flanagan on 06/21/2013. (Baker, C.)
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Filing 1229
MOTION to Withdraw as Attorney and Notice of Change of Address by Union Electric Company. (Attachments: #1 Text of Proposed Order) (Beskind, Donald)
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Motion Submitted to District Judge Louise Wood Flanagan - #1229 MOTION to Withdraw as Attorney. (Baker, C.)
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Filing 1228
NOTICE Regarding Liaison Counsel by Southern Alloy Corporation, Thomasville Furniture Industries, Inc. (Mitchell, Charlotte) Modified on 6/20/2013 to clarify docket entry text. (Baker, C.)
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Filing 1227
STIPULATION of Dismissal with Prejudice as to Veolia Environmental Services Waste-to-Energy f/ka Montenay Power Corporation by Duke Energy Progress, Inc. (Smith, Christopher) Modified on 6/19/2013 to clarify docket entry text. (Baker, C.)
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Filing 1226
RESPONSE to Order regarding #1218 Order, Joint Submission Regarding Liaison Counsel for Defendants and Certain Third-Party Defendants by Atlantic City Electric Company, Blue Ridge Electric Cooperative, Inc., Broad River Electric Cooperative, Inc., Cargill, Incorporated, Consumers Energy Company, Danny Corporation, Delmarva Power & Light Company, Dixon Lumber Company, Inc., Electric Control Equipment Co., Florida Power & Light Company, GKN Driveline North American, Inc., Georgia Power Company, Gladieux Trading & Marketing Co., LP, and/or Limited Corporation, Glenwood Resolution Authority, Inc., Johnson/Kerner Liaison Group, LWB Refractories Company, Occidental Chemical Corporation, Pharmacia Corporation, Potomac Electric Power Company, Sales Transaction Defendants Liaison, Sonoco Products Company, Southland Electrical Supply, Inc., St. Joseph Medical Center, Inc., Tallahassee Memorial Healthcare, Inc., Tri-State Armature & Electrical Works, Inc., Unimin Corporation, United Technologies Corporation, Washington Suburban Sanitary Commission. (Attachments: #1 Exhibit A - Parties with Wagenbach and Wisz as Liaison Counsel, #2 Exhibit B - Parties with Johnson/Kerner as Liaison Counsel, #3 Exhibit C - Parties with Pennington, P.A. as Liaison Counsel, #4 Exhibit D - Parties Represented by Husch Blackwell) (Johnson, Keith)
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Filing 1225
RESPONSE regarding #1219 Notice-(other), and Notice of Objection to Plaintiffs Categorization of Alleged Transactions filed by Electric Equipment Corporation of Virginia. (Erteschik, Andrew)
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Filing 1224
NOTICE of Appearance for non-district counsel by Mark T. Pavkov on behalf of Warren Electric Cooperative, Inc. (Pavkov, Mark)
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NOTICE TO COUNSEL regarding #1223 Response to #1218 Order - Counsel is reminded that this document must also be filed in Case Number 5:08-cv-463-FL if the content extends also to that related matter. (Baker, C.)
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Filing 1223
RESPONSE regarding #1218 Order, filed by Bruce-Merrilees Electric Company. (Attachments: #1 Appendix of Exhibits, #2 Exhibit A - WT Site Allocation worksheet, #3 Exhibit B - Ellwood Forge Purchase information, #4 Exhibit C - Repair Information) (DeGeorge, R.)
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Filing 1222
NOTICE by N.L. Industries, Inc. of Disclaimer of Defendants' Liaison Counsel (Herz, Joel)
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Filing 1221
Memorandum in Support regarding #1220 MOTION for Certificate of Appealability - Motion for Certification of Interlocutory Appeal filed by Broad River Electric Cooperative, Inc. (Attachments: #1 Index of Exhibits, #2 Exhibit #1 CP&L v. Alcan Feb. 1, 2013, #3 Exhibit #2 CP&L v. Alcan Feb. 19, 2013, #4 Exhibit #3 Duke v. Alcan, #5 Exhibit #4 Brooks v. Circuit City, #6 Exhibit #5 Sledge v. J.P. Stevens, #7 Exhibit #6 EEOC v. State of N.C., #8 Exhibit #7 Prime TV v. Travelers, #9 Exhibit #8 Moffett v. Computer Scis., #10 Exhibit #9 Pakootas v. Teck Cominco, #11 Exhibit #10 American International v. U.S., #12 Exhibit #11 Ward excerpts and Exhibit 504, #13 Exhibit #12 Hanley v. Hand'N Heart, #14 Exhibit #13 Aguirre excerpt, #15 Exhibit #14 U.S. v. D.S.C. of Newark, #16 Exhibit #15 U.S. v. Wash. State) (Fedder, Jane)
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Filing 1220
MOTION for Certificate of Appealability - Motion for Certification of Interlocutory Appeal by Broad River Electric Cooperative, Inc. (Attachments: #1 Text of Proposed Order) (Fedder, Jane)
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Filing 1219
NOTICE by Duke Energy Progress, Inc. regarding #1218 Order, List of Defendants Remaining in the Case by Transaction Category (Attachments: #1 Exhibit A - List of All Parties, #2 Exhibit B - Repair Parties, #3 Exhibit C - Sales Parties, #4 Exhibit D - Consignment Parties) (Smith, Christopher)
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Filing 1218
ORDER regarding #1216 Joint Status Report - Counsel should review the attached order for important deadlines and directives pertaining to the issues of parties' request for conference; identity of defendants; and liason counsel for defendants and third-party defendants. Signed by District Judge Louise Wood Flanagan on 06/04/2013. (Baker, C.)
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NOTICE TO COUNSEL regarding #1217 Notice of Appearance for Non-District Counsel - Guernsey-Muskingam Electric Cooperative, Inc. also appears as a party in related case 5:08-cv-463-FL. If counsel wishes for appearance to be noted also in that matter for this entity, a Notice of Appearance must also be filed in that separate action. (Baker, C.)
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Filing 1217
NOTICE of Appearance for non-district counsel by Trischa S. Chapman on behalf of Guernsey-Muskingum Electric Cooperative Inc. (Chapman, Trischa)
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Filing 1216
STATUS REPORT (Joint) by Consolidation Coal Company. Associated Cases: 5:08-cv-00463-FL, 5:08-cv-00460-FL (Darragh, Daniel)
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Filing 1215
ORDER of US Court of Appeals as to #1212 Notice of Appeal filed by PCS Phospate Company, Inc., PCS Phosphate Company, Inc., #1207 Notice of Appeal filed by Consolidation Coal Company. The court consolidates Case Nos. 13-1603, 13-1617, 13-1664 and 13-1666. Entry of appearance forms and disclosure statements filed by counsel and parties to the lead case are deemed filed in the secondary cases. (Fogle, L.)
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Filing 1214
US Court of Appeals Case Number 13-1664, Donna Lett, Case Manager for #1212 Notice of Appeal filed by PCS Phospate Company, Inc., PCS Phosphate Company, Inc. (Fogle, L.)
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Filing 1213
Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals regarding #1212 Notice of Appeal as to #1204 Judgment by PCS Phosphate Company, Inc. (Tripp, S.)
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Filing 1212
NOTICE OF APPEAL as to #1204 Judgment by PCS Phospate Company, Inc. Filing fee $ 455, receipt number 0417-2506171. (Ginsberg, Michael)
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Filing 1211
US Court of Appeals Case Number 13-1603, Donna Lett, Case Manager for #1207 Notice of Appeal filed by Consolidation Coal Company. (Fogle, L.)
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Filing 1210
Notice of Substitution of Counsel by Megan P. Caldwell on behalf of Atlantic City Electric Company, Blue Ridge Electric Cooperative, Inc., Broad River Electric Cooperative, Inc., Cargill, Incorporated, Consumers Energy Company, Danny Corporation, Delmarva Power & Light Company, Dixon Lumber Company, Inc., Electric Control Equipment Co., Florida Power & Light Company, GKN Driveline North American, Inc., Georgia-Pacific, LLC, Gladieux Trading & Marketing Co., LP, and/or Limited Corporation, Glenwood Resolution Authority, Inc., LWB Refractories Company, Occidental Chemical Corporation, Pharmacia Corporation, Potomac Electric Power Company, Sonoco Products Company, Southland Electrical Supply, Inc., St. Joseph Medical Center, Inc., Tri-State Armature & Electrical Works, Inc., Unimin Corporation, United Technologies Corporation, Washington Suburban Sanitary Commission substituting for Uyless M. Dewberry (Caldwell, Megan)
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Filing 1209
ORDER denying #1169 Motion for Reconsideration regarding #1166 Order by Broad River Electric Cooperative, Inc. Signed by District Judge Louise Wood Flanagan on 5/6/2013. (Tripp, S.)
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Filing 1208
Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals regarding #1207 Notice of Appeal by Consolidation Coal Company. (Fogle, L.)
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Filing 1207
NOTICE OF APPEAL as to #1204 Judgment by Consolidation Coal Company. Filing fee $ 455, receipt number 0417-2493744. (Darragh, Daniel)
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Filing 1206
ORDER granting #1205 Motion to Amend Case Caption Due to Corporate Name Change - The court directs the Clerk of Court to amend the case caption and any relevant records to change PEC's name to Duke Energy Progress, Inc. The parties shall file a joint report identifying case management issues necessary to be considered at this juncture in the cases, including any request for conference with the court in advance of it further order on scheduling and pretrial management. Said report shall be filed within 21 days from the date of entry of this order. Signed by District Judge Louise Wood Flanagan on 05/02/2013. (Baker, C.)
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Filing 1205
MOTION to Amend Case Caption due to Corporate Name Change by Carolina Power & Light Company. (Attachments: #1 Text of Proposed Order) (Ovies, Kelli)
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Motion Submitted to District Judge Louise Wood Flanagan - #1205 MOTION to Amend Case Caption due to Corporate Name Change. (Baker, C.)
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Filing 1204
JUDGMENT - IT IS ORDERED, ADJUDGED AND DECREED in accordance with the court's orders entered February 1, 2013 and April 30, 2013, for the reasons set forth more specifically therein, that defendant Georgia Power Company's Motion for Summary Judgment is GRANTED, plaintiffs' cross-motions for summary judgment are DENIED, and the Motion for Entry of Judgment under Rule 54(b) as to Georgia Power Company filed by claimants Consolidation Coal Company and PCS Phosphate Company, Inc. is GRANTED. All claims against defendant Georgia Power Company in the current litigation have been disposed. Signed by Julie A. Richards, Clerk of Court on 05/01/2013. (Baker, C.)
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Filing 1203
ORDER granting #1172 Motion for Entry of Judgment under Rule 54(b) as to Georgia Power Company - Signed by District Judge Louise Wood Flanagan on 04/29/2013. (Baker, C.)
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Filing 1202
NOTICE of Appearance for non-district by Adam Sencenbaugh on behalf of Trinity Industries, Inc. (Sencenbaugh, Adam)
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Filing 1201
Memorandum in Support regarding #1169 MOTION for Reconsideration regarding #1166 Order filed by Carr and Duff, Inc. (Lewis, E.)
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TEXT ORDER granting #1178 Motion for Leave to File Memorandum in Support of Broad River's Motion for Reconsideration - In the court's discretion, the motion is allowed. So Ordered. Entered by District Judge Louise Wood Flanagan on 04/25/2013. (Baker, C.)
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TEXT ORDER granting #1198 Motion to Withdraw as Attorney - Good cause having been shown, this motion is allowed. So Ordered. Attorney Mary Maclean Asbill terminated as counsel for Domtar Paper Company, LLC. Entered by District Judge Louise Wood Flanagan on 04/25/2013. (Baker, C.)
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TEXT ORDER granting #1199 Motion to Withdraw as Attorney - Good cause having been shown, this motion is allowed. So Ordered. Attorney Caroline N. Belk terminated as counsel for Carolina Power & Light Company. Entered by District Judge Louise Wood Flanagan on 04/25/2013. (Baker, C.)
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Motions Submitted to District Judge Louise Wood Flanagan - #1198 MOTION to Withdraw as Attorney, #1178 MOTION for Leave to File Memorandum in Support of Broad River's Motion for Reconsideration, #1199 MOTION to Withdraw as Attorney by Caroline N. Belk, and #1169 MOTION for Reconsideration. (Baker, C.)
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Filing 1200
Proposed Order regarding #1199 MOTION to Withdraw as Attorney of Caroline N. Belk filed by Carolina Power & Light Company. (Belk, Caroline)
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Filing 1199
MOTION to Withdraw as Attorney of Caroline N. Belk by Carolina Power & Light Company. (Belk, Caroline)
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Filing 1198
MOTION to Withdraw as Attorney by Domtar Paper Company, LLC. (Attachments: #1 Text of Proposed Order) (Asbill, Mary)
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Motion Submitted to District Judge Louise Wood Flanagan - #1172 MOTION for Entry of Judgment under Rule 54(b) as to Georgia Power Company. (Baker, C.)
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Filing 1197
ANSWER to Third Party Complaint by Riley Power Inc. (Friesen, Bradley)
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Filing 1196
CERTIFICATE OF SERVICE by Truland Corporation regarding #1195 Answer to Third Party Complaint (Redmond, Robert)
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Filing 1195
AFFIRMATIVE DEFENSES AND ANSWER to Third Party Complaint by Truland Corporation. (Redmond, Robert)
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Filing 1194
NOTICE of Appearance by Joan S. Dinsmore on behalf of Truland Corporation (Dinsmore, Joan)
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Filing 1193
REPLY to Response to Motion regarding #1169 MOTION for Reconsideration regarding #1166 Order filed by Broad River Electric Cooperative, Inc. (Attachments: #1 Index to Exhibits, #2 Exhibit 1 - Deposition Excerpt of Benjamin Rappleyea, #3 Exhibit 2 - Unpublished Case Gilchrist v. US, #4 Exhibit 3 - Unpublished Case McClung v. Gautreaux, #5 Exhibit 4 - Unpublished Case Pakootas v. Teck Cominco Metals, #6 Exhibit 5 - Unpublished Case US v. B&D Electric, #7 Exhibit 6 - Unpublished Case Ruffin v. Entertainment of the E. Panhandle) (Fedder, Jane)
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Filing 1192
STIPULATION of Dismissal with Prejudice of Defendant Norfolk Southern Railway Company by Carolina Power & Light Company. (Smith, Christopher)
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Filing 1191
RESPONSE in Opposition regarding #1178 MOTION for Leave to File Memorandum in Support of Broad River's Motion for Reconsideration filed by Consolidation Coal Company, PCS Phosphate Company, Inc. (Darragh, Daniel)
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Filing 1190
RESPONSE in Opposition regarding #1178 MOTION for Leave to File Memorandum in Support of Broad River's Motion for Reconsideration filed by Carolina Power & Light Company. (Smith, Christopher)
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Filing 1189
ORDER denying #946 Motion to Dismiss; denying #953 Motion to Dismiss for Failure to State a Claim; denying #955 Motion to Dismiss for Failure to State a Claim; denying #957 Motion to Dismiss for Failure to State a Claim; denying #963 Motion to Dismiss for Failure to State a Claim; denying #1121 Motion to Dismiss for Failure to State a Claim; denying #1123 Motion to Dismiss for Failure to State a Claim; denying #1125 Motion to Dismiss; denying #1127 Motion to Dismiss; denying #1129 Motion to Dismiss for Failure to State a Claim; denying and #1131 Motion to Dismiss - The court will seperately enter an order regarding planning and scheduling with respect to claims by PCS Phosphate against third-party defendants. Motion to Dismiss at #1131 is denied without prejudice for renewal at the close of discovery or before trial. Signed by District Judge Louise Wood Flanagan on 03/27/2013. (Baker, C.)
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Filing 1188
RESPONSE in Opposition regarding #1169 MOTION for Reconsideration regarding #1166 Order filed by Consolidation Coal Company, PCS Phospate Company, Inc. (Attachments: #1 Exhibit A - United States v. McGhee, #2 Exhibit B - United States v. Dico, Inc., #3 Exhibit C - Am. International Specialty Lines Ins. Co. v. United States) (Darragh, Daniel)
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Filing 1187
RESPONSE in Opposition regarding #1169 MOTION for Reconsideration regarding #1166 Order filed by Carolina Power & Light Company. (Smith, Christopher)
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Filing 1186
ORDER granting #1185 Motion to Withdraw as Attorney - Attorney Garrick Alcarez Sevilla terminated as counsel of record for Third-Party Defendant Truland Corporation. Signed by District Judge Louise Wood Flanagan on 03/22/2013. (Baker, C.)
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Motion Submitted to District Judge Louise Wood Flanagagn - #1185 MOTION to Withdraw as Attorney. (Baker, C.)
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Filing 1185
MOTION to Withdraw as Attorney by Truland Corporation. (Attachments: #1 Text of Proposed Order) (Sevilla, Garrick)
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Filing 1184
RESPONSE to Motion regarding #1172 MOTION for Entry of Judgment under Rule 54(b) as to Georgia Power Company filed by Carolina Power & Light Company. (Belk, Caroline)
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Filing 1183
*DOCUMENT CORRECTED AND REFILED AT DOCKET ENTRY #1184 * - RESPONSE to Motion for Entry of Judgment as to Georgia Power Co. filed by Carolina Power & Light Company. (Belk, Caroline) Modified on 3/21/2013 to insert refiling information. (Baker, C.)
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NOTICE OF DEFICIENCY regarding #1183 Response to Motion - The document has not been linked to the appropriate docket entry. Counsel is directed to refile this document and link it to the correct underlying motion at docket entry #1172 . (Baker, C.)
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NOTICE OF DEFICIENCY regarding: #1178 Motion for Leave to File Memorandum in Support of Broad River's Motion for Reconsideration - Pursuant to the judge's practice preferences on the court's website, counsel must submit a proposed order. The order must be filed electronically using the event PROPOSED ORDER located in the RESPONSES AND REPLIES category and be linked to the underlying related motion. (Baker, C.)
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NOTICE OF DEFICIENCY regarding #1180 Notice of Substitution of Counsel - Pursuant to Local Civil Rule 83.1(g), counsel may not withdraw her appearance or have it stricken from the record except with leave of court. Substitution of counsel is only permitted if an attorney within the same firm replaces counsel for a party. Each new counsel must file his or her own notice of appearance pursuant to Local Civil Rule 5.2(a). Withdrawing counsel must file the appropriate motion seeking leave to be relieved from representation. (Baker, C.)
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Filing 1182
*DISREGARD - DUPLICATE FILING OF DOCKET ENTRY 1181* - NOTICE of Change of Address by Catherine W. Cralle-Jones (Cralle-Jones, Catherine) Modified on 3/20/2013. (Baker, C.)
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Filing 1181
NOTICE of Change of Address by Catherine W. Cralle-Jones (Cralle-Jones, Catherine)
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Filing 1180
Notice of Substitution of Counsel by Catherine W. Cralle-Jones on behalf of Domtar Paper Company, LLC substituting for Mary Mclean Asbill (Attachments: #1 Text of Proposed Order) (Cralle-Jones, Catherine)
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Filing 1179
NOTICE of Change of Address by Robert F. Redmond (Redmond, Robert)
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Filing 1178
MOTION for Leave to File Memorandum in Support of Broad River's Motion for Reconsideration by Carr and Duff, Inc. (Attachments: #1 Exhibit A - Proposed Memorandum of Law) (Lewis, E.)
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Filing 1177
NOTICE of Appearance by Mark E. Anderson on behalf of Truland Corporation (Anderson, Mark)
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NOTICE TO COUNSEL regarding #1177 Notice of Appearance - Truland Corporation also appears as a third-party defendant in related case 5:08-cv-463-FL. If counsel wishes for appearance to be noted also in that matter for this entity, a Notice of Appearance must also be filed in that separate action. (Baker, C.)
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Filing 1176
RESPONSE regarding #1172 MOTION for Entry of Judgment under Rule 54(b) as to Georgia Power Company filed by Georgia Power Company. (Attachments: #1 Text of Proposed Order) (Reinhardt, Daniel)
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Filing 1175
RESPONSE to Motion regarding #1121 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM - Surreply filed by PCS Phosphate Company, Inc. (Shipley, Curtis)
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Filing 1174
ORDER granting #1147 Motion for Leave to File Surreply to Certain Third-Party Defendants' Omnibus Motion to Dismiss - PCS is directed to file electronically with the court the Surreply attached as Exhibit A to PCS's motion. Signed by District Judge Louise Wood Flanagan on 03/11/2013. (Baker, C.)
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Filing 1173
Memorandum in Support regarding #1172 MOTION for Entry of Judgment under Rule 54(b) as to Georgia Power Company filed by Consolidation Coal Company, PCS Phosphate Company, Inc. (Story, Jane)
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Filing 1172
MOTION for Entry of Judgment under Rule 54(b) as to Georgia Power Company by Consolidation Coal Company, PCS Phosphate Company, Inc. (Attachments: #1 Text of Proposed Order) (Story, Jane)
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Filing 1171
Proposed Order regarding #1169 MOTION for Reconsideration regarding #1166 Order filed by Broad River Electric Cooperative, Inc. (Fedder, Jane)
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NOTICE OF DEFICIENCY regarding #1169 Motion for Reconsideration - Pursuant to the judge's practice preferences on the court's website, counsel must submit a proposed order. The order must be filed electronically using the event PROPOSED ORDER located in the RESPONSES AND REPLIES category. (Baker, C.)
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Filing 1170
Memorandum in Support regarding #1169 MOTION for Reconsideration regarding #1166 Order filed by Broad River Electric Cooperative, Inc. (Attachments: #1 Exhibit 1 - Deposition Excerpt of Doug wilson) (Fedder, Jane)
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Filing 1169
MOTION for Reconsideration regarding #1166 Order by Broad River Electric Cooperative, Inc. (Fedder, Jane)
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Filing 1168
NOTICE of Change of Address by Patricia P. Shields (Shields, Patricia)
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Filing 1167
NOTICE regarding #1166 ORDER by Broad River Electric Cooperative, Inc. (Fedder, Jane) Modified on 2/20/2013 to clarify docket entry text. (Baker, C.)
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Filing 1166
ORDER denying #975 Motion for Partial Summary Judgment as to Liability Against Repair Test Case Defendant Broad River Electric Cooperative, Inc.; denying #977 Motion for Partial Summary Judgment as to CERCLA Liability Against Broad River Electric Cooperative, Inc.; denying #993 Motion for Summary Judgment; granting #1033 Motion Exclude the Affidavit of Mr. Richard Westover and Related Deposition Testimony; denying #1042 Motion to Strike Plaintiffs' Speculative Assertions of Fact and Admissible Allegations of Habit or Routine; denying #1051 Motion to Strike Certain Materials and Statements Submitted by Plaintiffs; and, granting #1097 Motion for Leave to File Amicus Curiae Reply Brief - Signed by District Judge Louise Wood Flanagan on 02/18/2013. (Baker, C.)
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Filing 1165
STIPULATION of Dismissal with Prejudice of Cooper Tire & Rubber Company by Carolina Power & Light Company. (Smith, Christopher)
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Filing 1164
ORDER granting #1159 Motion to Withdraw as Attorney - Attorneys J. Mark Langdon and William Walton Silverman terminated as counsel for third-party defendant Melinz Rebar, Inc. Signed by District Judge Louise Wood Flanagan on 02/01/2013. (Baker, C.)
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Filing 1163
ORDER granting #882 Motion for Summary Judgment; denying #885 Motion for Partial Summary Judgment as to Liability Against Sale Test Case Defendant Georgia Power Company; denying #941 Motion for Summary Judgment as to CERCLA Liability Against Georgia Power Company; denying as moot #1024 Motion to Strike #870 Affidavit, #871 Affidavit of Brewer and Canady; and, denying as moot #1061 Motion to Exclude the Affidavit of Mr. Richard Westover and Related Deposition Testimony - Defendant Georgia Power's request for hearing is DENIED as the court elects to decide motion without oral argument pursuant to Federal Rule of Civil Procedure 78(b). Signed by District Judge Louise Wood Flanagan on 01/31/2013. (Baker, C.)
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Filing 1162
Notice of Substitution of Counsel by David S. Wisz on behalf of East Kentucky Power Cooperative, Inc. substituting for Carson M. Carmichael (Wisz, David)
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NOTICE TO COUNSEL regarding #1161 Notice of Change of Firm Name - In future filings, the certificate of service should note that service was achieved using the CM/ECF system, rather than the 'LexisNexis File & Serve system'. (See FORM A of this court's CM/ECF Policies and Procedures Manual for additional information.) There is no need to refile this document. (Baker, C.)
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Filing 1161
NOTICE by Villanova University, Villanova University in the State of Pennsylvania RE: Notice of Change of Firm Name (Attachments: #1 Certificate of Service to the Notice of Change of Firm Name) (Segletes, Theodore)
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Filing 1160
Notice of Substitution of Counsel by Joshua Brian Howard on behalf of SHO-ME Power Electric Cooperative substituting for Peter Anderson (Howard, Joshua)
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Motion Submitted to District Judge Louise Wood Flanagan - #1159 MOTION to Withdraw as Attorney. (Baker, C.)
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Filing 1159
MOTION to Withdraw as Attorney by Melinz Rebar, Inc. (Attachments: #1 Text of Proposed Order) (Langdon, J.)
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Filing 1158
ORDER granting #1157 Motion to Withdraw as Attorney - Attorney William H. Harkins, Jr. terminated as counsel for Caterpillar Inc. Signed by District Judge Louise Wood Flanagan on 11/30/2012. (Baker, C.)
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Motion Submitted to District Judge Louise Wood Flanagan - #1157 MOTION to Withdraw as Attorney. (Baker, C.)
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Filing 1157
MOTION to Withdraw as Attorney by Caterpillar Inc. (Attachments: #1 Text of Proposed Order) (Harkins, William)
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Filing 1156
NOTICE of Change of Address by Lee Knight Caffery. (Caffery, Lee)
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Filing 1155
NOTICE of Change of Address by Dawn T. Mistretta (Mistretta, Dawn)
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Filing 1154
NOTICE of Change of Address by Stanley B. Green (Green, Stanley)
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Filing 1153
NOTICE of Appearance by John D. Ormond on behalf of Caterpillar Inc. (Ormond, John)
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Filing 1152
STIPULATION of Dismissal with Prejudice as to Hudson Light and Power Department by Carolina Power & Light Company. (Smith, Christopher) Modified on 9/24/2012 to clarify docket entry text. (Baker, C.)
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Filing 1151
STIPULATION of Dismissal by Carolina Power & Light Company, Consolidation Coal Company, PCS Phospate Company, Inc., PPG Industries, Inc. (Smith, Christopher)
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Filing 1150
Notice of Substitution of Counsel by Ryan Russell Kemper on behalf of SHO-ME Power Electric Cooperative substituting for Ross E. Linzer (Kemper, Ryan)
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Motion Submitted to District Judge Louise Wood Flanagan - #1147 MOTION for Leave to File Surreply to Certain Third-Party Defendants' Omnibus Motion to Dismiss. (Baker, C.)
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Filing 1149
RESPONSE in Opposition regarding #1147 MOTION for Leave to File Surreply to Certain Third-Party Defendants' Omnibus Motion to Dismiss with Memorandum filed by Riley Power Inc. (Attachments: #1 Exhibit A - Ivanova-Nikolova Opinion, #2 Exhibit B - Beaulieu Opinion) (Nielsen, Donald)
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Filing 1148
Proposed Order regarding #1147 MOTION for Leave to File Surreply to Certain Third-Party Defendants' Omnibus Motion to Dismiss with Memorandum filed by PCS Phosphate Company, Inc.. (Shipley, Curtis)
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Filing 1147
MOTION for Leave to File Surreply to Certain Third-Party Defendants' Omnibus Motion to Dismiss with Memorandum by PCS Phosphate Company, Inc. (Attachments: #1 Exhibit A. Third-Party Plaintiff's Surreply to Certain Third-Party Defendants' Omnibus Motion to Dismiss, #2 Text of Proposed Order) (Shipley, Curtis)
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NOTICE OF DEFICIENCY regarding #1147 Motion for Leave to File Surreply - Counsel is directed to correct and refile the proposed order containing the language contemplated in Section E(4) of the court's CM/ECF Administrative Policies and Procedures Manual wherein the court will order the attorney to file the proposed document electronically if the motion is granted. Do not refile the motion. The corrected item is to be refiled using the PROPOSED ORDER event located in the RESPONSES AND REPLIES category. (Baker, C.)
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Motions Submitted to District Judge Louise Wood Flanagan - #957 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM the Additional Third Party Complaint of PCS Phosphate Company, Inc., #1127 MOTION to Dismiss Third Party Complaints of PCS Phosphates, Inc., #1121 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, #1123 Supplemental MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #1125 MOTION to Dismiss Third-Party Complaint and Additional Third-Party Complaint, #953 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Third Party Complaint of PCS Phosphate Company, Inc., #946 MOTION to Dismiss Additional Third-Party Complaint for Failure to State a Claim pursuant to Rules 12(b)(6) and 14, #963 Corrected MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM OR, IN THE ALTERNATIVE, JOINDER IN TALLAHASSEE MEMORIAL HEALTHCARE, INC.S MOTION FOR CLARIFICATION, #955 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM the Third Party Complaint of PCS Phosphate Company, Inc., #1131 MOTION to Dismiss for Lack of Personal Jurisdiction, #1129 Supplemental MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Baker, C.)
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Filing 1146
NOTICE of Appearance for non-district by Jeffrey R. Diver on behalf of The Rouse Company, LLC (Diver, Jeffrey)
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Filing 1145
REPLY to Response to Motion regarding #1125 MOTION to Dismiss Third-Party Complaint and Additional Third-Party Complaint filed by Parker-Hannifin Corporation. (Attachments: #1 Exhibit Scott v. PPG Industries) (Olson, Kurt)
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Filing 1144
REPLY to Response to Motion regarding #1127 MOTION to Dismiss Third Party Complaints of PCS Phosphates, Inc. filed by Trinity Industries, Inc. (Albergotti, Robert)
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Filing 1143
REPLY to Response to Motion regarding #1121 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Babson College, Barnes & Powell Electrical Company, Inc., Batesville Casket Company, Bay Mechanical & Electrical Corporation, CEMEX Construction Materials FL, LLC, City of Winston-Salem, North Carolina, DACCO Incorporated, Delaware Electric Cooperative, Inc., E. Luke Greene Company, Inc., Emma L. Bixby Medical Center, FABRI-KAL Corporation, Gencorp, Inc., Georgia-Pacific, LLC, Henkels & McCoy, Inc., J. C. Blair Memorial Hospital, Magnetic Metals Corporation, Mass. Electric Construction Co., Melinz Rebar, Inc., National Railroad Passenger Corporation, Novartis Corporation, Ohio Valley Medical Center, Incorporated, Parker-Hannifin Corporation, Riley Power Inc., Robert Bosch LLC, SHO-ME Power Electric Cooperative, Saint Augustine's College, Seabrook Enterprises, Inc., Southern Alloy Corporation, St. John's College, Tallahassee Memorial Healthcare, Inc., The National Lime and Stone Company, The North Carolina Granite Corporation, The Rouse Company, LLC, Thomasville Furniture Industries, Inc., Timken US LLC, Truland Corporation, UPS Ground Freight, Inc., Villanova University, Villanova University in the State of Pennsylvania, Woodstream Corporation. (Johnson, Keith)
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Filing 1142
REPLY to Response to Motion regarding #1131 MOTION to Dismiss for Lack of Personal Jurisdiction filed by Truland Corporation. (Redmond, Robert)
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Filing 1141
REPLY to Response to Motion regarding #1129 Supplemental MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Truland Corporation. (Redmond, Robert)
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Filing 1140
NOTICE of Appearance by Garrick Alcarez Sevilla on behalf of Truland Corporation (Sevilla, Garrick)
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Filing 1139
FINANCIAL DISCLOSURE STATEMENT by Carolina Power & Light Company identifying Corporate Parent Duke Energy Corporation, Corporate Parent Progress Energy, Inc. for Carolina Power & Light Company. (Smith, Christopher)
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Filing 1138
NOTICE by Apogee Coal Company, LLC Notice of Automatic Stay (Risinger, Bradley)
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Filing 1137
RESPONSE in Opposition regarding #1121 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by PCS Phosphate Company, Inc. (Meynardie, Robert)
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Filing 1136
RESPONSE in Opposition regarding #1121 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, #946 MOTION to Dismiss Additional Third-Party Complaint for Failure to State a Claim pursuant to Rules 12(b)(6) and 14 filed by Riley Power, Inc., #953 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by City of Winston-Salem, North Carolina, #955 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by FABRI-KAL Corporation, #957 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Gencorp, Inc., #963 Corrected MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM OR, IN THE ALTERNATIVE, JOINDER IN TALLAHASSEE MEMORIAL HEALTHCARE, INC.S MOTION FOR CLARIFICATION filed by Villanova University, #1125 MOTION to Dismiss filed by Parker-Hannifan Corporation, #1127 MOTION to Dismiss filed by Trinity Industries, Inc. filed by PCS Phosphate Company, Inc. (Attachments: #1 Index to Exhibits, #2 Exhibit A. ITT Corp. v. Borgwarner, Inc., #3 Exhibit B. Kemper Prime Indus. Partners v. Montgomery Watson Ams., Inc., #4 Exhibit C. Assicurazioni Generali, Spa v. Terranova, #5 Exhibit D. Scott v. PPG Indus., Inc., #6 Exhibit E. Stonecrest Partners, LLC v. Bank of Hampton Rds., #7 Exhibit F. Pa. Mfrs.' Ass'n Ins. Co. v. Fed. Realty Inv. Trust, #8 Exhibit G. Ameira Corp. v. United States) (Shipley, Curtis) Modified on 7/4/2012 to link to appropriate underlying motions. (Baker, C.).
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Filing 1135
RESPONSE in Opposition regarding #1129 Supplemental MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #1123 Supplemental MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #946 MOTION to Dismiss Additional Third-Party Complaint for Failure to State a Claim pursuant to Rules 12(b)(6) and 14 filed by PCS Phosphate Company, Inc. (Attachments: #1 Index of Exhibits, #2 Exhibit 1. Riley v. Vilsack, #3 Exhibit 2. Wells v. Moen, Inc., #4 Exhibit 3. Riley Power Allegations, #5 Exhibit 4. Truland Corporation Allegations, #6 Exhibit 5. Mass. Electric Construction Co. Allegations, #7 Exhibit 6. Stimson Lumber Co. v. Int'l Paper Co., #8 Exhibit 7. American Int'l Specialty Lines Ins. Co. v. United States) (Shipley, Curtis)
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Filing 1134
RESPONSE in Opposition regarding #1131 MOTION to Dismiss for Lack of Personal Jurisdiction filed by PCS Phosphate Company, Inc. (Attachments: #1 Exhibit A - Records of Transactions) (Story, Jane)
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Filing 1133
STIPULATION of Dismissal With Prejudice of Defendant 3M Company by Carolina Power & Light Company, Consolidation Coal Company, PCS Phosphate Company, Inc. (Smith, Christopher)
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Motion Submitted to District Judge Louise Wood Flanagan - #1097 MOTION for Leave to File Amicus Curiae Reply Brief. (Baker, C.)
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Filing 1132
Memorandum in Support re #1131 MOTION to Dismiss for Lack of Personal Jurisdiction filed by Truland Corporation. (Attachments: #1 Exhibit A - Affidavit of Adam Chase Linkous) (Redmond, Robert)
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Filing 1131
MOTION to Dismiss for Lack of Personal Jurisdiction by Truland Corporation. (Redmond, Robert)
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Filing 1130
Memorandum in Support re #1129 Supplemental MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Truland Corporation. (Attachments: #1 Exhibit A - Nexus Documents for 1982 Truland Transformer, #2 Exhibit B - Unpublished Cases) (Redmond, Robert)
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Filing 1129
Supplemental MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Truland Corporation. (Redmond, Robert)
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Filing 1128
Memorandum in Support re #1127 MOTION to Dismiss Third Party Complaints of PCS Phosphates, Inc. filed by Trinity Industries, Inc. (Albergotti, Robert)
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Filing 1127
MOTION to Dismiss Third Party Complaints of PCS Phosphates, Inc. by Trinity Industries, Inc. (Attachments: #1 Text of Proposed Order) (Albergotti, Robert)
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Filing 1126
Memorandum in Support re #1125 MOTION to Dismiss Third-Party Complaint and Additional Third-Party Complaint filed by Parker-Hannifin Corporation. (Attachments: #1 Exhibit Scott v. PPG Industries, 920 F.2d 927 (4th. Cir. 1990)) (Olson, Kurt)
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Filing 1125
MOTION to Dismiss Third-Party Complaint and Additional Third-Party Complaint by Parker-Hannifin Corporation. (Attachments: #1 Text of Proposed Order) (Olson, Kurt)
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Filing 1124
Memorandum in Support re #1123 Supplemental MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Mass. Electric Construction Co. (Larson, Linda)
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Filing 1123
Supplemental MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Mass. Electric Construction Co. (Attachments: #1 Text of Proposed Order) (Larson, Linda)
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Filing 1122
Memorandum in Support re #1121 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND RULE 14 filed by Babson College, Barnes & Powell Electrical Company, Inc., Batesville Casket Company, Bay Mechanical & Electrical Corporation, CEMEX Construction Materials FL, LLC, DACCO Incorporated, Delaware Electric Cooperative, Inc., E. Luke Greene Company, Inc., Emma L. Bixby Medical Center, Georgia-Pacific, LLC, Henkels & McCoy, Inc., IES Commercial, Inc., and/or Integrated Electrical Services, Inc., J. C. Blair Memorial Hospital, Magnetic Metals Corporation, Mass. Electric Construction Co., Melinz Rebar, Inc., National Railroad Passenger Corporation, Novartis Corporation, Ohio Valley Medical Center, Incorporated, Parker-Hannifin Corporation, Robert Bosch LLC, SHO-ME Power Electric Cooperative, Saint Augustine's College, Seabrook Enterprises, Inc., Southern Alloy Corporation, St. John's College, Tallahassee Memorial Healthcare, Inc., The National Lime and Stone Company, The North Carolina Granite Corporation, The Rouse Company, LLC, Thomasville Furniture Industries, Inc., Timken US LLC, Truland Corporation, UPS Ground Freight, Inc., Villanova University, Woodstream Corporation. (Savidge, Keith)
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Filing 1121
MOTION to Dismiss Certain Third-Party Defendants' Omnibus Motion to Dismiss the Third-Party Complaints of PCS Phosphates, Inc. by Babson College, Barnes & Powell Electrical Co., Inc., Batesville Casket Company, Inc., Bay Mechanical & Electrical Corporation, CEMEX Construction Materials Florida, LLC, DACCO, Incorporated, J.C. Blair Memorial Hospital, National Railroad Passenger Corporation a/k/a Amtrak, Woodstream Corporation, Delaware Electric Cooperative, Inc., Seabrook Enterprises, Inc., Timken US LLC, E. Luke Greene, Inc., Emma L. Bixby Medical Medical Center, Georgia-Pacific LLC, Henkels & McCoy, Inc., IES Commercial, Inc., Magnetic Metals Corporation, Mass Electric Constuction Co., Melinz Rebar, Inc., Novartis Corporation, Ohio Valley Medical Center, Parker-Hannifin Corporation, Robert Bosch, LLC, Saint Augustine's College, Sho-Me Power Electric Cooperative, Southern Alloy Corporation, St. John's College, Tallahassee Memorial Healthcare, Inc., The National Lime and Stone Company, The North Carolina Granite Corporation, The Rouse Company, LLC, Thomasville Furniture Industries, Inc., Truland Corporation, UPS Ground Frieght, Inc., and Villanova University. (Savidge, Keith) Modified on 5/31/2012 (Baker, C.).
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NOTICE TO COUNSEL regarding #1120 Response to Discovery - Counsel is reminded that discovery materials need not be filed unless ordered or needed, pursuant to Local Civil Rule 26.1. (Baker, C.)
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Filing 1120
RESPONSE to Discovery Request from NL - Third Supplemental Rule 26(a)(1) Disclosures by N.L. Industries, Inc. (Attachments: #1 Exhibit Declaration of John Rafferty) (Herz, Joel)
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Filing 1119
Individual ANSWER to Third Party Complaint by Novartis Corporation. (Bowers, John)
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Filing 1118
Individual ANSWER to Third Party Complaint and Additional Defenses by Barnes & Powell Electrical Company, Inc. (Smith, M.)
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Filing 1117
Individual ANSWER to Third Party Complaint and Affirmative Defenses by SHO-ME Power Electric Cooperative. (Anderson, Peter)
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Filing 1116
Amended ANSWER to Third Party Complaint and Affirmative Defenses to Third-Party Complaint by J. C. Blair Memorial Hospital. (Risinger, Bradley)
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Filing 1115
Amended ANSWER to Third Party Complaint and Affirmative Defenses to Third-Party Complaint by CEMEX Construction Materials FL, LLC. (Risinger, Bradley)
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Filing 1114
Amended ANSWER to Third Party Complaint and Affirmative Defenses to Third-Party Complaint by DACCO Incorporated. (Risinger, Bradley)
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Filing 1113
Amended ANSWER to Third Party Complaint and Affirmative Defenses to Third-Party Complaint by National Railroad Passenger Corporation. (Risinger, Bradley)
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Filing 1112
Magnetic Metal's individual ANSWER to Third Party Complaint by Magnetic Metals Corporation. (Harvey, Elizabeth)
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Filing 1111
Amended ANSWER to Third Party Complaint and Affirmative Defenses to Third-Party Complaint by Woodstream Corporation. (Risinger, Bradley)
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Filing 1110
Amended ANSWER to Third Party Complaint by UPS Ground Freight, Inc.. (Babcock, Sarah)
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Filing 1109
ANSWER to Third Party Complaint by Saint Augustine's College. (Francis, Charles)
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Filing 1108
Original ANSWER to Third Party Complaint and Non-CERCLA Affirmative Defenses by Trinity Industries, Inc. (Albergotti, Robert)
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Filing 1107
Individual ANSWER to Third Party Complaint by Robert Bosch LLC. (Hartley, Joan)
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Filing 1106
Individual ANSWER to Third Party Complaint by The National Lime and Stone Company. (Hartley, Joan)
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Filing 1105
Villanova University's Individual ANSWER to Third Party Complaint And Additional Defenses To The Third-Party Complaint by Villanova University, Villanova University in the State of Pennsylvania. (Attachments: #1 Affidavit of Leo Kob at Villanova, #2 Exhibit 1 - 3 to the Affidavit of Leo Kob at Villanova, #3 Exhibit 4 - 5 to the Affidavit of Leo Kob at Villanova, #4 Certificate of Service) (Segletes, Theodore)
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Filing 1104
Affirmative Defenses and ANSWER to Third Party Complaint (Second Additional) Filed by PCS Phosphate Company by Georgia-Pacific, LLC. (Fedder, Jane)
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Filing 1103
Third-Party Defendant Bay Mechanical & Electrical Corporation's Individual Answer and Affirmative Defenses ANSWER to Third Party Complaint by Bay Mechanical & Electrical Corporation. (Savidge, Keith)
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Filing 1102
Individual ANSWER to Third Party Complaint and Additional Defenses by Tallahassee Memorial Healthcare, Inc. (Spurgeon, Susan)
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Filing 1101
STIPULATION of Dismissal with prejudice as to Sara Lee Corporation by Carolina Power & Light Company, Consolidation Coal Company, PCS Phospate Company, Inc., Sara Lee Corporation. (Smith, Christopher) Modified on 5/14/2012 to clarify docket entry text. (Baker, C.)
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Filing 1100
RESPONSE in Opposition re #1097 MOTION for Leave to File Amicus Curiae Reply Brief (CORRECTED) filed by Consolidation Coal Company, PCS Phospate Company, Inc.. (Darragh, Daniel)
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Filing 1099
*DOCUMENT CORRECTED AND REFILED AT DOCKET ENTRY #1100 * - RESPONSE in Opposition re #1097 MOTION for Leave to File Amicus Curiae Reply Brief filed by Consolidation Coal Company, PCS Phospate Company, Inc. (Darragh, Daniel) Modified on 5/11/2012 to insert refiling information. (Baker, C.)
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Filing 1098
RESPONSE in Opposition re #1097 MOTION for Leave to File Amicus Curiae Reply Brief filed by Carolina Power & Light Company. (Smith, Christopher)
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Filing 1097
MOTION for Leave to File Amicus Curiae Reply Brief by Chemical Products Corporation. (Attachments: #1 Exhibit Reply Brief, #2 Text of Proposed Order) (Olson, Kurt)
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Filing 1096
ORDER re #1089 Notice of Substitution of Counsel filed by SHO-ME Power Electric Cooperative - Peter C. Anderson is permitted to continue as counsel for Third Party Defendant Sho-Me Power Electric Cooperative under the new law firm Anderson Law PLLC. Signed by District Judge Louise Wood Flanagan on 05/08/2012. (Baker, C.)
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NOTICE OF DEFICIENCY re: #1094 Motion for Leave to File - Counsel has failed to attached the proposed document sought to be filed pursuant to Section E(4) of the court's CM/ECF Admininistrative Policies and Procedures Manual. (Baker, C.)
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Filing 1095
Memorandum in Support re #1097 MOTION for Leave to File Reply to Plaintiffs' Amicus Curiae Responses filed by Chemical Products Corporation. (Olson, Kurt) Modified on 5/9/2012 to link to refiled motion. (Baker, C.)
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Filing 1094
*DOCUMENT CORRECTED AND REFILED AT DOCKET ENTRY #1097 * - MOTION for Leave to File Reply to Plaintiffs' Amicus Curiae Responses by Chemical Products Corporation. (Attachments: #1 Text of Proposed Order) (Olson, Kurt) Modified on 5/9/2012 to insert refiling information. (Baker, C.)
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Filing 1093
NOTICE by PCS Phosphate Company, Inc. re #1091 Order - Lists of Third-Party Defendants Remaining in the Case by Transaction Category (Attachments: #1 Exhibit A. List of Remaining Third-Party Defendants, #2 Exhibit B. List of Third Party Defendants Engaged in Repair Transactions, #3 Exhibit C. List of Third Party Defendants Engaged in Sale Transactions, #4 Exhibit D. List of Third Party Defendants Engaged in Consignment Transactions) (Shipley, Curtis)
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Motions Submitted to District Judge Louise Wood Flanagan - #1061 MOTION Exclude the Affidavit of Mr. Richard Westover and Related Deposition Testimony, #975 MOTION for Partial Summary Judgment as to Liability Against Repair Test Case Defendant Broad River Electric Cooperative, Inc., #1033 MOTION to Exclude the Affidavit of Mr. Richard Westover and Related Deposition Testimony, #1051 MOTION to Strike Certain Materials and Statements Submitted by Plaintiffs, #977 MOTION for Partial Summary Judgment as to CERCLA Liability Against Broad River Electric Cooperative, Inc., #885 MOTION for Partial Summary Judgment as to Liability Against Sale Test Case Defendant Georgia Power Company, #1042 MOTION to Strike Plaintiffs' Speculative Assertions of Fact and Admissible Allegations of Habit or Routine, #882 MOTION for Summary Judgment and Request for Hearing, #941 MOTION for Summary Judgment as to CERCLA Liability Against Georgia Power Company, #1024 MOTION to Strike #870 Affidavit and #871 Affidavit of Brewer and Canady, #993 MOTION for Summary Judgment, and #1073 Amicus Curiae Brief. (Baker, C.)
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Filing 1092
Proposed Order - Revised Proposed Order Regarding #1089 Notice of Substitution of Counsel filed by SHO-ME Power Electric Cooperative. (Anderson, Peter) Modified on 5/4/2012 to link to underlying document. (Baker, C.)
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Filing 1091
ORDER granting in part and denying in part #880 Motion for Clarification re #312 Scheduling Order and adopting #1056 Memorandum and Recommendations - Counsel should review the attached order in its entirety for critical deadlines and information. Signed by District Judge Louise Wood Flanagan on 05/01/2012. (Baker, C.)
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Filing 1090
ORDER granting #1084 Motion to Withdraw as Attorney - Attorney William R. Terpening terminated as counsel for Third-Party Defendant Sho-Me Power Electric Corporation. Signed by District Judge Louise Wood Flanagan on 05/01/2012. (Baker, C.)
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Filing 1089
Notice of Substitution of Counsel by Peter C. Anderson on behalf of SHO-ME Power Electric Cooperative substituting for Anderson Terpening PLLC (Attachments: #1 Proposed Order) (Anderson, Peter)
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Filing 1088
RESPONSE re #1073 Amicus Curiae Appearance (Memorandum in Response to Amicus Brief) filed by Carolina Power & Light Company. (Smith, Christopher)
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Filing 1087
RESPONSE re #1073 Amicus Curiae Appearance (Plaintiffs' Response to Amicus Defendants' Brief) filed by Consolidation Coal Company, PCS Phospate Company, Inc. (Attachments: #1 Exhibit A - Am. Int'l Specialty Lines Ins. Co. v. United States) (Darragh, Daniel)
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Filing 1086
RESPONSE in Opposition re #1042 MOTION to Strike Plaintiffs' Speculative Assertions of Fact and Admissible Allegations of Habit or Routine (Joint Response) filed by Carolina Power & Light Company, Consolidation Coal Company, PCS Phosphate Company, Inc. (Attachments: #1 Index A - Index of Exhibits, #2 Exhibit B - Genesis Telecomm., LLC v. Moore, #3 Exhibit C -United States v. Multi-Chem, Inc., #4 Exhibit D - Martin v. Thrifty Rent A Car, #5 Exhibit E - Deposition Exhibit 129, #6 Exhibit F - Deposition Exhibit 130, #7 Exhibit G - Deposition Exhibit 504, #8 Exhibit H - Deposition Exhibit 631, #9 Exhibit I - Excerpts from deposition of Frank Aquirre, #10 Exhibit J - Exceprts from deposition of Joe Richard Brewer, #11 Exhibit K - Excerpts from deposition of Gary Collison, PE, #12 Exhibit L - Excerpts from deposition of Marvin Croson, #13 Exhibit M - Excerpts from depsosition of Joseph Hicks, #14 Exhibit N - Excerpts from deposition of Ann Ostby, #15 Exhibit O -Excerpts from deposition of Benjamin Rappleyea, #16 Exhibit P -Excerpts from administrative deposition of Benjamin Rappleyea, #17 Exhibit Q - Excerpts from deposition of Keith Reed, #18 Exhibit R - Excerpts from deposition of Robert E. Walsh, PhD, #19 Exhibit S - Excerpts from deposition of Richard Westover, #20 Exhibit T - EPA-FOIA 00001448-49) (Smith, Christopher)
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Filing 1085
RESPONSE in Opposition re #1051 MOTION to Strike Certain Materials and Statements Submitted by Plaintiffs filed by Carolina Power & Light Company, Consolidation Coal Company, PCS Phosphate Company, Inc. (Attachments: #1 Index of Exhibits, #2 Exhibit 1 - 1/13/12 Correspondence, #3 Exhibit 2 - Deposition Excerpts of Walsh, #4 Exhibit 3 - Cent. Carolina Bank & Trust v. Weiss, Peck & Greer, LLC, #5 Exhibit 4 - Deposition Excerpts of Brewer, #6 Exhibit 5 - Deposition Excerpts of Croson, #7 Exhibit 6 - Deposition Excerpts of Wilson, #8 Exhibit 7 - Deposition Exhibit 282, #9 Exhibit 8 - Deposition Exhibit 276, #10 Exhibit 9 - Deposition Excerpts of Ward, #11 Exhibit 10 - US v. Am. Cyanamid Co., #12 Exhibit 11 - Williams v. Computer Sci. Corp., #13 Exhibit 12 - Deposition Excerpts of Aguirre, #14 Exhibit 13 - Deposition Excerpts of Ostby, #15 Exhibit 14 - Deposition Excerpts of Rappleyea, #16 Exhibit 15 - Deposition Excerpts of Hicks, #17 Exhibit 16 - Genesis Telecomm v. Moore, #18 Exhibit 17 - Raleigh Flex Owner v. Marketsmart Interactive, #19 Exhibit 18 - Deposition Exhibit 94, #20 Exhibit 19 - Deposition Exhibit 95) (Story, Jane)
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Motion Submitted to District Judge Louise Wood Flanagan - #1084 MOTION to Withdraw as Attorney. (Baker, C.)
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NOTICE TO COUNSEL re: #1084 Motion to Withdraw as Attorney - Counsel is reminded that this document must also be filed in Case Number 5:08-cv-463-FL if the relief requested extends also to that related matter. (Baker, C.)
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Filing 1084
MOTION to Withdraw as Attorney by SHO-ME Power Electric Cooperative. (Attachments: #1 Text of Proposed Order) (Terpening, William)
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Filing 1083
RESPONSE to Motion re #1061 MOTION Exclude the Affidavit of Mr. Richard Westover and Related Deposition Testimony re #1026 Response, of Georgia Power to Plaintiffs' Joint Statement of Fact filed by Georgia Power Company. (Reinhardt, Daniel)
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Filing 1082
NOTICE by Consolidation Coal Company, PCS Phospate Company, Inc. re #1075 Response in Support of Motion, EXHIBITS TO CONSOLIDATION COAL COMPANYS AND PCS PHOSPHATE COMPANY, INC.S REPLY IN SUPPORT OF CROSS MOTION FOR PARTIAL SUMMARY JUDGMENT AGAINST BROAD RIVER ELECTRIC COOPERATIVE, INC. - Part 2 - Exhibits W - Y (Attachments: #1 Exhibit W - EPA-FOIA 00001173 1446 (Remedial Investigation and Risk Assessment Report) (through Section 3) (RI), #2 Exhibit X - EPA-TSCA-0000764 65 (Letter dated Sept. 26, 1985), #3 Exhibit Y - WT-MISC 00001 25 (NCOSHA Report), #4 Certificate of Service) (Darragh, Daniel)
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Filing 1081
NOTICE by Consolidation Coal Company, PCS Phospate Company, Inc. re #1075 Response in Support of Motion, EXHIBITS TO CONSOLIDATION COAL COMPANYS AND PCS PHOSPHATE COMPANY, INC.S REPLY IN SUPPORT OF CROSS MOTION FOR PARTIAL SUMMARY JUDGMENT AGAINST BROAD RIVER ELECTRIC COOPERATIVE, INC. - Part 1 - Exhibits A - V (Attachments: #1 Exhibit A - Index of Exhibits, #2 Exhibit B - Am. Intl Specialty Lines Ins. Co. v. United States, #3 Exhibit C - Deposition Exhibit 129, #4 Exhibit D - Deposition Exhibit 130, #5 Exhibit E - Deposition Exhibit 274, #6 Exhibit F - Deposition Exhibit 275, #7 Exhibit G - Deposition Exhibit 278, #8 Exhibit H - Deposition Exhibit 282, #9 Exhibit I - Deposition Exhibit 500, #10 Exhibit J - Deposition Exhibit 501, #11 Exhibit K - Deposition Exhibit 504, #12 Exhibit L - Deposition Exhibit 506, #13 Exhibit M - Deposition Exhibit 513, #14 Exhibit N - Deposition Exhibit 526, #15 Exhibit O - Deposition Exhibit 535, #16 Exhibit P - Deposition Exhibit 700, #17 Exhibit Q - Excerpts from deposition of Gary Collison, #18 Exhibit R - Excerpts from deposition of Keith Reed, #19 Exhibit S - Excerpts from deposition of Edward J. Walsh, PhD, #20 Exhibit T - Excerpts from deposition of Robert E. Ward, III, #21 Exhibit U - Excerpts from deposition of Douglas Wilson, #22 Exhibit V - B000863 866 (Letter dated Jan. 19, 1984), #23 Certificate of Service) (Darragh, Daniel)
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Motion Submitted to District Judge Louise Wood Flanagan - #1056 MEMORANDUM AND RECOMMENDATIONS re #880 MOTION for Clarification re #312 Case Management Order filed by Tallahassee Memorial Healthcare, Inc. (Baker, C.)
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Filing 1080
REPLY to Response to Motion re #975 MOTION for Partial Summary Judgment as to Liability Against Repair Test Case Defendant Broad River Electric Cooperative, Inc. filed by Carolina Power & Light Company. (Attachments: #1 IIndex To Exhibits, #2 Exhibit A-Excerpt from Jan. 17, 2012 deposition of Edward J. Walsh, Ph.D., #3 Exhibit B- American International Specialty Lines Insurance Co. v. United States, #4 Exhibit C-United States v. General Electric Co.) (Smith, Christopher)
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Filing 1079
Memorandum in Opposition re #1061 MOTION Exclude the Affidavit of Mr. Richard Westover and Related Deposition Testimony re #1026 Response, of Georgia Power to Plaintiffs' Joint Statement of Fact filed by Broad River Electric Cooperative, Inc. (Attachments: #1 Attachment 1 - Chesney v. Tennessee Valley Authority, #2 Exhibit 1-06/02/2011 Amended Notice of Deposition of Rich Westover, #3 Exhibit 2-T&R Electric Supply's Website Home Page) (Dewberry, Uyless)
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Filing 1078
REPLY to Response to Motion re #993 MOTION for Summary Judgment filed by Broad River Electric Cooperative, Inc.. (Attachments: #1 Index Exhibit Index, #2 Exhibit 1- Broad River's Compilation of Undisputed Material Facts Agreed to by Parties, #3 Exhibit 2-E-mail Correspondence Between Darragh & Matt Hicks, #4 Exhibit 3-E-mail Correspondence between C. Smith & L. Jonas and M. Hicks, #5 Exhibit 4-1/17/2012 Deposition Excerpts of Edward Walsh, Ph.D., #6 Exhibit 5-10/26/2010 Deposition Excerpts of Frank Aguirre, #7 Exhibit 6-9/29/2010 Deposition Excerpts of Joe Richard Brewer, #8 Exhibit 7-11/17/2011 Deposition Excerpts of Keith Reed, #9 Exhibit 8-First Amended Complaint in U.S. vs. B&D electric, #10 Exhibit 9-Representative MEW Records, #11 Exhibit 10-Excerpts from US Memo in Support of Motion for Partial Summary Judgment, #12 Exhibit 11-Excerpts from U.S. Opposition to Certain Defs.' Motion for Summary Judgment, #13 Exhibit 12-Unopposed Motion for Voluntary Dismissal in U.S. v B&D Electric, #14 Exhibit 13 - 1/12/2012 Deposition Excerpts of Richard Weaver, #15 Exhibit 14-01/04/2012 Deposition Excerpts of Gary H. Collison) (Fedder, Jane)
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Filing 1077
*DOCUMENT CORRECTED AND REFILED AT DOCKET ENTRY #1082 * - NOTICE by Consolidation Coal Company, PCS Phospate Company, Inc. re #1075 Response in Support of Motion, EXHIBITS TO CONSOLIDATION COAL COMPANYS AND PCS PHOSPHATE COMPANY, INC.S REPLY IN SUPPORT OF CROSS MOTION FOR PARTIAL SUMMARY JUDGMENT AGAINST BROAD RIVER ELECTRIC COOPERATIVE, INC. - Part 2 - Exhibits W - Y (Darragh, Daniel) Modified on 4/23/2012 to insert refiling information. (Baker, C.)
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Filing 1076
*DOCUMENT CORRECTED AND REFILED AT DOCKET ENTRY #1081 * - NOTICE by Consolidation Coal Company, PCS Phospate Company, Inc. re #1075 Response in Support of Motion, EXHIBITS TO CONSOLIDATION COAL COMPANYS AND PCS PHOSPHATE COMPANY, INC.S REPLY IN SUPPORT OF CROSS MOTION FOR PARTIAL SUMMARY JUDGMENT AGAINST BROAD RIVER ELECTRIC COOPERATIVE, INC. - Part 1 - Exhibits A - V (Darragh, Daniel) Modified on 4/23/2012 to insert refiling information. (Baker, C.)
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Filing 1075
RESPONSE in Support re #977 MOTION for Partial Summary Judgment as to CERCLA Liability Against Broad River Electric Cooperative, Inc. filed by Consolidation Coal Company, PCS Phospate Company, Inc. (Attachments: #1 Index of Exhibits) (Darragh, Daniel)
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NOTICE OF DEFICIENCY re: #1077 Notice-(Exhibits) and #1076 Notice-(Exhibits) - Pursuant to Section (L)(2) of the CM/ECF Policy Manual, attachments and exhibits must be identified with a clear and complete description of the document (e.g. 'Exhibit 1' is insufficient. 'Exhibit 1 - Affidavit of Jane Doe' would meet the requirement.) Additionally, each exhibit must be separated as a filing party would do when creating a hard copy version of the documents. Counsel is directed to refile the documents with the exhibits separated and individually labeled accordingly. (Baker, C.)
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Filing 1074
AMENDED DOCUMENT (Amicus Curiae Statement of Subsequent Authority) by Chemical Products Corporation. Amendment to (1070 in 5:08-cv-00463-FL) Amicus Curiae Appearance . (Attachments: #1 Exhibit New York v. Solvent Chem. Co., Inc., 453 Fed. App'x 42 (2011))Associated Cases: 5:08-cv-00460-FL, 5:08-cv-00463-FL (Olson, Kurt) Modified on 4/20/2012 to clarify docket entry text. (Baker, C.)
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Filing 1073
Amicus Curiae BRIEF entered by Kurt J. Olson on behalf of Chemical Products Corporation. (Olson, Kurt) Modified on 4/18/2012 to correct docket entry text. (Baker, C.)
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Filing 1072
ORDER granting #1069 Motion for Leave to File Amicus Curiae Brief - The amicus curiae defendants may file an amicus curiae brief on the scope of liability under CERCLA Section 9607(a)(2) on or before April 17, 2012 to be made part of the record in the "repair party test case" which is proceeding in accordance with the Court's Orders of November 14, 2011 and November 29, 2011. Plaintiffs shall have two weeks to respond as requested. Signed by District Judge Louise Wood Flanagan on 04/15/2012. (Baker, C.)
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Filing 1071
RESPONSE in Opposition re #1024 MOTION to Strike #870 Affidavit,, #871 Affidavit of Brewer and Canady (Plaintiffs' Joint Response in Opposition) filed by PCS Phosphate Company, Inc., Carolina Power & Light Company, Consolidation Coal Company (Attachments: #1 Index of Exhibits, #2 Exhibit 1 - 1-13-12 Correspondence, #3 Exhibit 2 - Musick v. Dorel Juvenile Group, Inc., #4 Exhibit 3 - Ward Record WT0004696, #5 Exhibit 4- Dennis Deposition Excerpts, #6 Exhibit 5 - Brown Deposition Excerpts, #7 Exhibit 6 - Ward Record A-012119, #8 Exhibit 7 - Ward Record A-012033, #9 Exhibit 8 - Walsh Deposition Excerpts, #10 Exhibit 9 - Cent. Carolina Bank & Trust Co. v. Weiss, Peck & Greer, L.L.C., #11 Exhibit 10 - Brewer Deposition Excerpts, #12 Exhibit 11 - Croson Deposition Excerpts, #13 Exhibit 12 - Grey v. Potter, #14 Exhibit 13 - Ward Deposition Excerpts, #15 Exhibit 14 - United States v. Am. Cyanamid Co., #16 Exhibit 15 - Aguirre Deposition Excerpts, #17 Exhibit 16 - Williams v. Computer Sci. Corp., #18 Exhibit 17 - Ostby Deposition Excerpts, #19 Exhibit 18 - Rappleyea Deposition Excerpts, #20 Exhibit 19 - Hicks Deposition Excerpts, #21 Exhibit 20 - Martin v. Thrifty Rent A Car, #22 Exhibit 21 - Genesis Telecomm., LLC v. Moore, #23 Exhibit 22 - Raleigh Flex Owner, LLC v. Marketsmart Interactive, Inc., #24 Exhibit 23 - Brewer Deposition Exhibit 74, #25 Exhibit 24 - Brewer Deposition Exhibit 76) (Story, Jane)
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Filing 1070
RESPONSE to Motion re #1069 MOTION for Leave to File Amicus Curiae Brief filed by Carolina Power & Light Company, Consolidation Coal Company, PCS Phospate Company, Inc. (Smith, Christopher)
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NOTICE TO COUNSEL re: #1069 Motion for Leave to File Amicus Curiae Brief - Counsel is reminded that a Memorandum in Support should be filed as a separate entry using event codes located under 'Motions and Related Filings: Responses and Replies'. In the future, be sure to file each pleading separately and link the Memorandum to the underlying Motion. No need to refile at this time. (Baker, C.)
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Motion Submitted to District Judge Louise Wood Flanagan - #1069 MOTION for Leave to File Amicus Curiae Brief. (Baker, C.)
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Filing 1069
MOTION for Leave to File Amicus Curiae Brief by Chemical Products Corporation. (Attachments: #1 Supplement Memorandum in Support, #2 Text of Proposed Order) (Olson, Kurt)
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Filing 1068
Notice of Substitution of Counsel by Kurt J. Olson on behalf of Owen Electric Steel Company of South Carolina substituting for Lee W. Zimmerman, Ethane R. Ware and Ronald E. Cardwell (Olson, Kurt)
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Filing 1067
NOTICE of Appearance by Alan D. Albert on behalf of Babson College (Albert, Alan)
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Filing 1066
RESPONSE to Discovery Request from Second Supplemental Rule 26(a)(1) Disclosures by N.L. Industries, Inc. (Attachments: #1 Exhibit A - Declaration of William R. Bronner) (Herz, Joel)
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Filing 1065
REPLY to Response to Motion re #941 MOTION for Summary Judgment as to CERCLA Liability Against Georgia Power Company filed by Consolidation Coal Company, PCS Phospate Company, Inc. (Attachments: #1 Index of Exhibits, #2 Exhibit A - United States v. Atlas Lederer Co. (Sept. 1, 2009), #3 Exhibit B - Pakootas v. Teck Cominco Metals, Ltd. (Nov. 29, 2011), #4 Exhibit C - Pakootas v. Teck Cominco Metals, Ltd. (Feb. 3, 2012), #5 Exhibit D - Am. Intl Specialty Lines Ins. Co. v. United States, #6 Exhibit E - Excerpts from Deposition of Darahyl Dennis, #7 Exhibit F - Excerpts from Deposition of Richard Westover, #8 Exhibit G - Dennis Dep. Exhibit 201, #9 Exhibit H - Dennis Dep. Exhibit 207, #10 Exhibit I - Dennis Dep. Exhibit 208, #11 Exhibit J - GPC Spill Prevention Control and Countermeasure Plan (GPC-Ward-000139-150)) (Darragh, Daniel)
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Filing 1064
REPLY to Response to Motion re #882 MOTION for Summary Judgment and Request for Hearing filed by Georgia Power Company. (Attachments: #1 Exhibit Unpublished Case: Pakootas v.Teck Cominco Metals, #2 Exhibit Unpublished Case: United States v. B&D Electric, Inc., #3 Exhibit Unpublished Case: United States v. General Electric Company, #4 Exhibit Unpublished Case: Schiavone v. Northeast Utilities Svc Co.) (Reinhardt, Daniel)
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Filing 1063
REPLY to Response to Motion re #885 MOTION for Partial Summary Judgment as to Liability Against Sale Test Case Defendant Georgia Power Company filed by Carolina Power & Light Company. (Attachments: #1 Index Index to Exhibits, #2 Exhibit Exhibit A - United States v. General Electric, 2012 US App. LEXIS 4148, #3 Exhibit Exhibit B - Excerpt from Nov. 17, 2011 deposition of Keith Reed, #4 Exhibit Exhibit C - Excerpt from Jan. 12, 2012 deposition of Richard Westover, #5 Exhibit Exhibit D - Schiavone v. North-East Util. Serv., 2011 US Dist. LEXIS 29090, #6 Exhibit Exhibit E - Excerpt from Transcript of Aug. 18, 2009 hearing, #7 Exhibit Exhibit F - United States v. B&D Electric, 2007 US Dist. LEXIS 34086, #8 Exhibit Exhibit G - Transformer Example exhibit) (Smith, Christopher)
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Filing 1062
Memorandum in Support re #1061 MOTION Exclude the Affidavit of Mr. Richard Westover and Related Deposition Testimony re #1026 Response, of Georgia Power to Plaintiffs' Joint Statement of Fact filed by Carolina Power & Light Company, Consolidation Coal Company, PCS Phospate Company, Inc. (Smith, Christopher)
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Filing 1061
MOTION Exclude the Affidavit of Mr. Richard Westover and Related Deposition Testimony re #1026 Response, of Georgia Power to Plaintiffs' Joint Statement of Fact by Carolina Power & Light Company, Consolidation Coal Company, PCS Phospate Company, Inc. (Attachments: #1 Text of Proposed Order) (Smith, Christopher)
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Filing 1060
ORDER granting #1040 Motion to Withdraw as Attorney - Attorneys R. Dennis Fairbanks and Dan J. Jordanger terminated as counsel for Alcoa Inc. Signed by District Judge Louise Wood Flanagan on 04/05/2012. (Baker, C.)
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Filing 1059
NOTICE of Appearance by L. Phillip Hornthal, III on behalf of Babson College (Hornthal, L.)
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Filing 1058
ORDER OF DEFICIENCY as to Babson College for Failure to File Financial Disclosure - Signed by Julie A. Richards, Clerk of Court on 04/03/2012. (Baker, C.)
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Filing 1057
FINANCIAL DISCLOSURE STATEMENT by Huntington Ingalls Incorporated. identifying Corporate Parent Huntington Ingalls Industries, Inc. for Huntington Ingalls Incorporated. (Babcock, Sarah)
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Filing 1056
MEMORANDUM AND RECOMMENDATIONS re #880 MOTION for Clarification filed by Tallahassee Memorial Healthcare, Inc. - Objections due by 4/20/2012. Signed by Magistrate Judge David W. Daniel on 04/03/2012. (Attachments: #1 Notice) (Baker, C.)
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NOTICE TO COUNSEL re: Notice of Deficiency - Failure to File Proposed Order entered 04/03/2012 - Counsel may disregard the Notice of Deficiency. In future filings, please be sure to attach proposed orders to the underlying motion and not to the memorandum in support. (Baker, C.)
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Motion Submitted to District Judge Louise Wood Flangan - #1040 MOTION to Withdraw as Attorney. (Baker, C.)
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NOTICE OF DEFICIENCY re: #1051 Motion to Strike and #1042 Motion to Strike - Pursuant to the judge's practice preferences on the court's website, counsel must submit a proposed order. The order must be filed electronically using the event PROPOSED ORDER located in the RESPONSES AND REPLIES category. (Baker, C.)
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Filing 1055
NOTICE by Carolina Power & Light Company, Consolidation Coal Company, PCS Phosphate Company, Inc. re #1041 Response, Supplemental Appendix to Plaintiffs' Joint Response to Broad River Electric Cooperative, Inc.'s Statement of Undisputed Material Facts - Part 10 - Pages BR S APP 1109-1112 (Attachments: #1 Exhibit Certificate of Service) (Ovies, Kelli)
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Filing 1054
NOTICE by Carolina Power & Light Company, Consolidation Coal Company, PCS Phosphate Company, Inc. re #1041 Response, Supplemental Appendix to Plaintiffs' Joint Response to Broad River Electric Cooperative, Inc.'s Statement of Undisputed Material Facts - Part 9 - Pages BR S APP 1104-1108 (Attachments: #1 Exhibit Certificate of Service) (Smith, Christopher)
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Filing 1053
Memorandum in Support re #1051 MOTION to Strike Certain Materials and Statements Submitted by Plaintiffs filed by Broad River Electric Cooperative, Inc. (Attachments: #1 Exhibit Index, #2 Text of Proposed Order, #3 Exhibit 1-Grey v. Potter, #4 Exhibit 2-Genesis Telecommunications v. Moore, #5 Exhibit 3-Williams v. Computer Scis., #6 Exhibit 4-Edward Walsh Expert Report, #7 Exhibit 5-Edward Walsh Supplemental Expert Report, #8 Exhibit 6-CONSOL002734-2737, #9 Exhibit 7-Iron-Mtn-004589,4602-4604, #10 Exhibit 8-Edward Walsh Deposition Excerpts, #11 Exhibit 9-Joe Richard Brewer Deposition 9/29/2010 Excerpts, #12 Exhibit 10-Email from B. Baird to D. Darragh dated 10/27/11, #13 Exhibit 11-Joe R. Brewer deposition excerpts 11/4/2010) (Fedder, Jane)
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Filing 1052
NOTICE by Carolina Power & Light Company, Consolidation Coal Company, PCS Phosphate Company, Inc. re #1041 Response, Supplemental Appendix to Plaintiffs' Joint Response to Broad River Electric Cooperative, Inc.'s Statement of Undisputed Material Facts - Part 8 - Pages BR S APP 1060-1103 (Attachments: #1 Exhibit Certificate of Service) (Ovies, Kelli)
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Filing 1051
MOTION to Strike Certain Materials and Statements Submitted by Plaintiffs by Broad River Electric Cooperative, Inc. (Fedder, Jane)
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Filing 1050
NOTICE by Carolina Power & Light Company, Consolidation Coal Company, PCS Phosphate Company, Inc. re #1041 Response, Supplemental Appendix to Plaintiffs' Joint Response to Broad River Electric Cooperative, Inc.'s Statement of Undisputed Material Facts - Part 7 - Pages BR S APP 575-1059 (Attachments: #1 Exhibit Certificate of Service) (Smith, Christopher)
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Filing 1049
NOTICE by Carolina Power & Light Company, Consolidation Coal Company, PCS Phosphate Company, Inc. re #1041 Response, Supplemental Appendix to Plaintiffs' Joint Response to Broad River Electric Cooperative, Inc.'s Statement of Undisputed Material Facts - Part 6 - Pages BR S APP 440-574 (Attachments: #1 Exhibit Certificate of Service) (Ovies, Kelli)
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Filing 1048
NOTICE by Carolina Power & Light Company, Consolidation Coal Company, PCS Phosphate Company, Inc. re #1041 Response, Supplemental Appendix to Plaintiffs' Joint Response to Broad River Electric Cooperative, Inc.'s Statement of Undisputed Material Facts - Part 5 - Pages BR S APP 387-439 (Attachments: #1 Exhibit Certificate of Service) (Smith, Christopher)
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Filing 1047
NOTICE by Carolina Power & Light Company, Consolidation Coal Company, PCS Phosphate Company, Inc. re #1041 Response, Supplemental Appendix to Plaintiffs' Joint Response to Broad River Electric Cooperative, Inc.'s Statement of Undisputed Material Facts - Part 4 - Pages BR S APP 251-386 (Attachments: #1 Exhibit Certificate of Service) (Ovies, Kelli)
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Filing 1046
NOTICE by Carolina Power & Light Company, Consolidation Coal Company, PCS Phosphate Company, Inc. re #1041 Response, Supplemental Appendix to Plaintiffs' Joint Response to Broad River Electric Cooperative, Inc.'s Statement of Undisputed Material Facts - Part 3 - Pages BR S APP 168-250 (Attachments: #1 Exhibit Certificate of Service) (Smith, Christopher)
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Filing 1045
NOTICE by Carolina Power & Light Company, Consolidation Coal Company, PCS Phosphate Company, Inc. re #1041 Response, Supplemental Appendix to Plaintiffs' Joint Response to Broad River Electric Cooperative, Inc.'s Statement of Undisputed Material Facts - Part 2 - Pages BR S APP 001-167 (Attachments: #1 Exhibit Certificate of Service) (Ovies, Kelli)
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Filing 1044
Memorandum in Support re #1042 MOTION to Strike Plaintiffs' Speculative Assertions of Fact and Admissible Allegations of Habit or Routine filed by Broad River Electric Cooperative, Inc.. (Attachments: #1 Index Index of Exhibits, #2 Exhibit 1-Genesis Telecommunications v. Moore, #3 Exhibit 2-Progressive Southeastern Ins. v. Greene, #4 Exhibit 3-Joe Richard Brewer deposition excerpts 11/4/2010, #5 Exhibit 4-Joe Richard Brewer deposition excerpts 9/29/2010, #6 Text of Proposed Order Proposed Order) (Fedder, Jane)
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Filing 1043
NOTICE by Carolina Power & Light Company, Consolidation Coal Company, PCS Phosphate Company, Inc. re #1041 Response, Supplemental Appendix to Plaintiffs' Joint Response to Broad River Electric Cooperative, Inc.'s Statement of Undisputed Material Facts - Table of Contents (Smith, Christopher)
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Filing 1042
MOTION to Strike Plaintiffs' Speculative Assertions of Fact and Admissible Allegations of Habit or Routine by Broad River Electric Cooperative, Inc. (Fedder, Jane)
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Filing 1041
RESPONSE by Plaintiff Carolina Power & Light Company, Counter Defendants Consolidation Coal Company, PCS Phosphate Company, Inc. Joint Response to Broad River Electric Cooperative, Inc.'s Statement of Undisputed Material Facts (DE 996). (Smith, Christopher)
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Filing 1040
MOTION to Withdraw as Attorney by Alcoa Inc. (Attachments: #1 Text of Proposed Order) (Fairbanks, R.)
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Filing 1039
RESPONSE re #975 MOTION for Partial Summary Judgment as to Liability Against Repair Test Case Defendant Broad River Electric Cooperative, Inc. Objections and Responses to Plaintiffs' Joint Statement of Material Facts Not In Dispute with Regard to Broad River Electric Cooperative, Inc. filed by Broad River Electric Cooperative, Inc. (Attachments: #1 Index of Exhibits, #2 Exhibit 1-Joe Richard Brewer Deposition Excerpts 11/4/2010, #3 Exhibit 2-Joe Richard Brewer Deposition Excerpts 9/29/2010, #4 Exhibit 3-Edward Walsh Deposition Excerpts, #5 Exhibit 4-Frank Aguirre Deposition Excerpts) (Fedder, Jane)
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Filing 1038
Memorandum in Opposition re #975 MOTION for Partial Summary Judgment as to Liability Against Repair Test Case Defendant Broad River Electric Cooperative, Inc. filed by Broad River Electric Cooperative, Inc. (Attachments: #1 Index of Exhibits, #2 Exhibit 1-Veolia Es Special Servs. v. Hilltop Invs., #3 Exhibit 2-Voggenthaler v. Maryland Square, LLC, #4 Exhibit 3-U.S. v. Gen. Elec. Co., #5 Exhibit 4-Appleton Papers v. Whiting Paper Co., #6 Exhibit 5-Edward Walsh Deposition Excerpts, #7 Exhibit 6-7/1/10 Letter from Dan Darragh) (Fedder, Jane)
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Filing 1037
Memorandum in Opposition re #977 MOTION for Partial Summary Judgment as to CERCLA Liability Against Broad River Electric Cooperative, Inc. filed by Broad River Electric Cooperative, Inc. (Attachments: #1 Index Index of Exhibits, #2 Exhibit 1 - Deposition Excerpts of Edward Walsh, #3 Exhibit 2 - Deposition Excerpts of William Weir, #4 Exhibit 3 - U.S. v. General Electric, No. 11-1034, 2012 WL 639189, #5 Exhibit 4 -Deposition Excerpts of Gary Collison, #6 Exhibit 5 - 7/1/10 Daniel Darragh Letter, #7 Exhibit 6-Robert Earl Ward III Deposition Excerpts) (Fedder, Jane)
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Filing 1036
RESPONSE in Opposition re #993 MOTION for Summary Judgment filed by Carolina Power & Light Company. (Attachments: #1 Index to Exhibits, #2 Exhibit A - United States v. General Electric 2012 U.S. App. LEXIS 4148, #3 Exhibit B - Unilateral Administrative Order for Remedial Design/Remedial Action for OU1 issued to Broad River Electric Cooperative, Inc., #4 Exhibit C - Test report showing 24.1 ppm PCBs in Broad River transformer serial no. 2059260, #5 Exhibit D - Test report showing 10.9 ppm PCBs in Broad River transformer serial no. 5064207, #6 Exhibit E - United States v. Washington State Dep't of Transp., 2010 U.S. Dist. LEXIS 68100 (July 7, 2010)) (Ovies, Kelli)
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Filing 1035
Memorandum in Support re #1033 MOTION to Exclude the Affidavit of Mr. Richard Westover and Related Deposition Testimony re #996 MOTION for Summary Judgment Statement of Undisputed Material Facts in Support of filed by Carolina Power & Light Company, Consolidation Coal Company, PCS Phosphate Company, Inc. (Attachments: #1 Index Index to Exhibits, #2 Exhibit A-10/27/11 E-mail correspondence from Brandy Baird regarding expert disclosures, #3 Exhibit B-9/30/11 Certain Husch Blackwell Defendants' Disclosure of Non-Retained Expert Richard Westover, #4 Exhibit C-10/3/11 Objection by Plaintiffs' to Certain Husch Blackwell Defendants' Disclosure of Non-Retained Expert Richard Westover, #5 Exhibit D-10/31/11 Defendant Broad River's Amended Disclosure of Non-Retained Expert Richard Westover, #6 Exhibit E-11/4/11 Objection by Plaintiffs to Broad River's Amended Disclosure of Non-Retained Expert Richard Westover, #7 Exhibit F-11/29/11 All Defendants' Joint Expert Disclosure of Richard Westover, #8 Exhibit G-12/16/11 Plaintiffs' Notice of Deposition and Subpoena to Richard Westover, #9 Exhibit H-12/29/11 Mr. Westover's response to the Plaintiffs' subpoena identifying all responsive documents, #10 Exhibit I-1/17/12 Defendant Broad River's Response and Objections to CP&L's First Request for Production of Documents, #11 Exhibit J-1/23/12 Mr. Westover's counsel's clarification that no responsive documents were being withheld, #12 Exhibit K-Excerpts from the deposition testimony of Mr. Westover, #13 Exhibit L-USGen New England, Inc. v. TransCanada Pipelines, Ltd., #14 Exhibit M-Funai Electric Company v. Daewoo Elecs. Corp., #15 Exhibit N-Desrosiers v. Giddings & Lewis Mach. Tools LLC, #16 Exhibit O-Excerpt from the deposition testimony of Keith Reed, #17 Exhibit P-Deposition Exhibit 534) (Smith, Christopher)
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Filing 1034
Memorandum in Opposition re #993 MOTION for Summary Judgment filed by Consolidation Coal Company, PCS Phospate Company, Inc. (Attachments: #1 Index to Exhibits, #2 Exhibit A - United States v. Gen. Elec. Co., #3 Exhibit B - U.S. v. B&D Electric, #4 Exhibit C - U.S. Am. Int'l Specialty Lines Ins. Co. v. U.S., #5 Exhibit D - Solutia Inc. v. McWane, Inc., #6 Exhibit E - Litgo N.J., Inc. v. Bob Martin, #7 Exhibit F - U.S. v. Washington State Department of Transportation) (Darragh, Daniel)
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Filing 1033
MOTION to Exclude the Affidavit of Mr. Richard Westover and Related Deposition Testimony re #996 MOTION for Summary Judgment Statement of Undisputed Material Facts in Support of by Carolina Power & Light Company, Consolidation Coal Company, PCS Phosphate Company, Inc. (Attachments: #1 Text of Proposed Order) (Smith, Christopher)
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Filing 1032
ORDER denying #589 Motion for Partial Summary Judgment on De Micromis Grounds and denying #858 Motion for Hearing re #589 Motion for Partial Summary Judgment on De Micromis Grounds. Signed by District Judge Louise Wood Flanagan on 3/30/12. (Tripp, S.)
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Filing 1031
NOTICE of Appearance for non-district by E. Hardy Lewis on behalf of Alcoa Inc. (Lewis, E.)
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Filing 1030
ORDER granting #1008 Motion to Amend Case Caption - THIS MATTER is before the Court upon the motion of Defendant Northrop Grumman Shipbuilding, Inc. to amend the case caption and any relevant court records to reflect the change in Defendant's corporate name to Huntington Ingalls Incorporated. It appearing to the Court that Defendants motion is warranted, the motion to amend case caption is GRANTED. The Court DIRECTS the Clerk of Court to amend the case caption and any relevant court records to change Defendant's name to Huntington Ingalls Incorporated. Signed by District Judge Louise Wood Flanagan on 03/29/2012. (Baker, C.)
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Motion Submitted to District Judge Louise Wood Flanagan - #1008 MOTION to Amend Case Caption. (Baker, C.)
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Filing 1029
RESPONSE to Discovery Request from Supplement to Rule 26(a)(1) Disclosures by N.L. Industries, Inc. (Attachments: #1 Exhibit A - Declaration of J. Marne Gleason) (Herz, Joel)
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Filing 1028
Proposed Order re #1024 MOTION to Strike #870 Affidavit, #871 Affidavit of Brewer and Canady filed by Georgia Power Company. (Reinhardt, Daniel)
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NOTICE OF DEFICIENCY re: #1024 Motion to Strike - Pursuant to the judge's practice preferences on the court's website, counsel must submit a proposed order. The order must be filed electronically using the event PROPOSED ORDER located in the RESPONSES AND REPLIES category. (Baker, C.)
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Filing 1027
RESPONSE in Opposition re #885 MOTION for Partial Summary Judgment as to Liability Against Sale Test Case Defendant Georgia Power Company, #941 MOTION for Summary Judgment as to CERCLA Liability Against Georgia Power Company filed by Georgia Power Company. (Attachments: #1 Exhibit Unpublished Case: Schiavone v. Northeast Utilities Services Co., #2 Exhibit Unpublished Case: Pakootas v. Teck Cominco Metals (2011), #3 Exhibit Unpublished Case: Pakootas v. Teck Cominco Metals (2012), #4 Exhibit Unpublished Case: United States v. B&D Electric, #5 Exhibit Unpublished Case: United States v. Wash. State Dept of Transp.) (Reinhardt, Daniel)
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Filing 1026
RESPONSE re #900 Notice-(other), Plaintiffs Joint Statement of Material Facts Not In Dispute With Regard to Sale Test Case Defendant Georgia Power Company filed by Georgia Power Company. (Attachments: #1 Exhibit 2/5/2009 Email from Richard Brewer, #2 Exhibit Excerpt from Deposition of Joe Richard Brewer, #3 Exhibit Dielectric Fluid Test Results, #4 Exhibit General Work Orders) (Reinhardt, Daniel)
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Filing 1025
Memorandum in Support re #1024 MOTION to Strike #870 Affidavit, #871 Affidavit of Brewer and Canady filed by Georgia Power Company. (Attachments: #1 Exhibit Unpublished case: Grey v. Potter, #2 Exhibit Unpublished case: Williams v. Computer Sciences Corp., #3 Exhibit Unpublished case: Genesis Telecomm., LLC v. Moore) (Reinhardt, Daniel)
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Filing 1024
MOTION to Strike #870 Affidavit, #871 Affidavit of Brewer and Canady by Georgia Power Company. (Reinhardt, Daniel)
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Filing 1023
RESPONSE re #882 MOTION for Summary Judgment and Request for Hearing Response Memorandum in Opposition to Georgia Power Company's Motion for Summary Judgment by Carolina Power & Light Company. (Attachments: #1 Exhibit A - United States v. General Electric, 2012 U.S. App. LEXIS 4148, #2 Exhibit B - United States v. Atlas Lederer, 2009 U.S. Dist. LEXIS 126350) (Smith, Christopher)
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Filing 1022
Memorandum in Opposition re #882 MOTION for Summary Judgment and Request for Hearing filed by Consolidation Coal Company, PCS Phospate Company, Inc. (Attachments: #1 Index to Exhibits, #2 Exhibit A - United States v. Atlas Lederer Co., #3 Exhibit B - United States v. General Electric Co., #4 Exhibit C - United States v. B&D Electric, Inc., #5 Exhibit D - United States v. Maryland Sand, Gravel & Stone Co., #6 Exhibit E - Schiavone v. Northeast Utilities Service Co.) (Darragh, Daniel)
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Filing 1021
RESPONSE re #896 Notice-(other) - Plaintiffs' Joint Response to Georgia Power Company's Statement of Undisputed Material Facts by Carolina Power & Light Company, Consolidation Coal Company, PCS Phosphate Company, Inc. (Attachments: #1 Index to Exhibits, #2 Exhibit A - Ward's Descriptions of Sales of GPC Transformers as Rebuilt, #3 Exhibit B - Ward's Descriptions of Sales of GPC Transformers as Reconditioned, #4 Exhibit C - Ward's Descriptions of Sales of GPC Transformers as Sold for Parts, #5 Exhibit D - Ward's Descriptions of Sales of GPC Transformers - Other Dispositions, #6 Exhibit E - Voltage Changes for GPC Transformers) (Smith, Christopher)
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Filing 1020
RESPONSE re #896 Notice-(other) - Supplemental Appendix to Plaintiffs' Joint Response to Georgia Power Company's Statement of Undisputed Material Facts - Part 4 - Pages S App 189-209 by Carolina Power & Light Company, Consolidation Coal Company, PCS Phosphate Company, Inc. (Smith, Christopher)
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Filing 1019
RESPONSE re #896 Notice-(other) - Supplemental Appendix to Plaintiffs' Joint Response to Georgia Power Company's Statement of Undisputed Material Facts - Part 3 - Pages S App 158-188 by Carolina Power & Light Company, Consolidation Coal Company, PCS Phosphate Company, Inc. (Smith, Christopher)
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Filing 1018
RESPONSE re #896 Notice-(other) - Supplemental Appendix to Plaintiffs' Joint Response to Georgia Power Company's Statement of Undisputed Facts - Part 2 - Pages S App 1-157 by Carolina Power & Light Company, Consolidation Coal Company, PCS Phosphate Company, Inc. (Smith, Christopher)
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Filing 1017
RESPONSE re #896 Notice-(other) - Supplemental Appendix to Plaintiffs' Joint Response to Georgia Power Company's Statement of Undisputed Material Facts - Part 1 - Table of Contents by Carolina Power & Light Company, Consolidation Coal Company, PCS Phosphate Company, Inc. (Smith, Christopher)
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*THIRD* NOTICE OF DEFICIENCY as to Third-Party Defendant Babson College - Counsel is reminded, pursuant to the Notices of Deficiency issued on 02/08/2012 and 02/27/2012 and pursuant to Local Civil Rule 5.2, all counsel must file a Notice of Appearance. (Baker, C.)
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Filing 1016
ANSWER to Third Party Complaint by The North Carolina Granite Corporation. (Jacobson, Denis)
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Filing 1015
ORDER - This matter is before the court sua sponte for the purpose of addressing the impending deadlines for Third-Party Defendants to respond to the Third-Party Complaints and for PCS to respond to the pending motions to dismiss. It is hereby ORDERED that the aforementioned deadlines are now held in abeyance pending the court's ruling on the motion for clarification and that no Third-Party Defendant shall file a response to the Third-Party Complaints pending further order of the court. Signed by Magistrate Judge David W. Daniel on 03/12/2012. (Baker, C.)
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Filing 1014
Notice of Substitution of Counsel by John S. Hahn on behalf of Frontier Communications Corporation substituting for Robert B. Cordle. (Hahn, John)
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Filing 1013
ORDER granting #1009 Motion to Withdraw as Attorney - Attorney Alissa A. Watts terminated as counsel for Third-Party Defendant Truland Corporation. Signed by District Judge Louise Wood Flanagan on 03/02/2012. (Baker, C.)
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Filing 1012
NOTICE of Appearance for non-district by Michael J. Maher on behalf of Magnetic Metals Corporation (Maher, Michael)
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Filing 1011
NOTICE of Appearance for non-district by Elizabeth S. Harvey on behalf of Magnetic Metals Corporation (Harvey, Elizabeth)
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Filing 1010
NOTICE of Appearance by John P. Arranz on behalf of Magnetic Metals Corporation (Arranz, John)
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Filing 1009
MOTION to Withdraw as Attorney by Truland Corporation. (Attachments: #1 Text of Proposed Order) (Watts, Alissa)
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Motion Submitted to District Judge Louise Wood Flanagan - #1009 MOTION to Withdraw as Attorney. (Baker, C.)
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Filing 1008
MOTION to Amend/Correct Case Caption by Northrop Grumman Shipbuilding, Inc. (Attachments: #1 Text of Proposed Order) (Babcock, Sarah)
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*SECOND* NOTICE OF DEFICIENCY as to Third-Party Defendant Babson College - Counsel is reminded, pursuant to the Notice of Deficiency originally issued on 02/08/2012 and pursuant to Local Civil Rule 5.2, all counsel must file a Notice of Appearance. (Baker, C.)
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Filing 1007
NOTICE of Appearance for non-district by Robert F. Redmond on behalf of Truland Corporation (Redmond, Robert)
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Filing 1006
ORDER granting #969 Motion for Extension of Time to File Response re Third-Party Defendants' Motions to Dismiss - PCS shall have through and including March 19, 2012, to respond to the motion to dismiss filed by Riley Power, Inc., and shall have through and including March 21, 2012, to respond to the motions to dismiss filed by the City of Winston-Salem, FABRI-KAL Corporation, GenCorp, Inc. and Villanova University. In the event the issues addressed herein remain unresolved as of the new deadlines or to the extent new motions to dismiss are filed and require a response prior to resolution of these issues, PCS may seek further extensions.Signed by Magistrate Judge David W. Daniel on 02/23/2012. (Baker, C.)
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Filing 1005
REPLY to Response to Motion re #969 MOTION for Extension of Time to File Response/Reply as to Third-Party Defendants' Motions to Dismiss. (Shipley, Curtis) Modified on 2/22/2012 to clarify docket entry text. (Baker, C.)
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MOTION REFERRED to Magistrate Judge David W. Daniel - #880 MOTION for Clarification re #312 Scheduling Order. (Baker, C.)
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Filing 1004
NOTICE by Broad River Electric Cooperative, Inc. re #996 MOTION for Summary Judgment Statement of Undisputed Material Facts in Support of Exhibits 65 thru 69 (Attachments: #1 Exhibit 65 part 1: AOC, #2 Exhibit 65 part 2: AOC, #3 Exhibit 66: Plaintiff's opposition to FPL motion, #4 Exhibit 67: Collison Deposition Excerpts, #5 Exhibit 68: Weir Deposition Exceprts, #6 Exhibit 69: Broad River Doc) (Fedder, Jane)
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Filing 1003
NOTICE by Broad River Electric Cooperative, Inc. re #996 MOTION for Summary Judgment Statement of Undisputed Material Facts in Support of Exhibits 50 thru 64 (Attachments: #1 Exhibit 50 - EPA Response # 8, #2 Exhibit 51 - EPA FOIA, #3 Exhibit 53 - Deposition Exhibit 501 (Ward 1979 SPCC Plan), #4 Exhibit 52 - Deposition Exhibit 515, #5 Exhibit 54 - Deposition Exhibit 502, #6 Exhibit 55 - Consol's Respsonse to RTA, #7 Exhibit 56 - Deposition Exhibit 572 Brantley Affidavit, #8 Exhibit 57 - Deposition Exhibit 526 Ward Affidavit, #9 Exhibit 58 - Rappleyea Deposition Excerpts, #10 Exhibit 59 - Deposition 630, #11 Exhibit 60 - Deposition Exhibit 631, #12 Exhibit 61 Depo 632, #13 Exhibit 62 EPA - TSCA docs, #14 Exhibit 63 - part 1: EPA TSCA Docs, #15 Exhibit 63 - part 2: EPA TSCA Docs, #16 Exhibit 64 - EPA TSCA Docs) (Fedder, Jane)
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Filing 1002
NOTICE by Broad River Electric Cooperative, Inc. re #996 MOTION for Summary Judgment Statement of Undisputed Material Facts in Support of Exhibits 38 thru 49 (Attachments: #1 Exhibit 38 Depo Ex 9, #2 Exhibit 39 - PCS' Response to RTA 8, #3 Exhibit 40 - Deposition Exhibit 553D, #4 Exhibit 41 - Brewer 2008 Deposition Excerpts, #5 Exhibit 42 Deposition Exhibit 282, #6 Exhibit 43 - Deposition Exhibit 720, #7 Exhibit 44 - part 1 Deposition Exhibit 718, #8 Exhibit 44 - part 2 Deposition Exhibit 718, #9 Exhibit 44 - part 3 Deposition Exhibit 718, #10 Exhibit 45 - Deposition Exhibit 541 (Brewer 1993 Affidavit), #11 Exhibit 46 - CPL Responses to RTA, #12 Exhibit 47 part 1: Deposition Exhibit 513, #13 Exhibit 47 part 2: Deposition Exhibit 513, #14 Exhibit 48 part 1: EPA-FOIA docs, #15 Exhibit 48 part 2: EPA-FOIA docs, #16 Exhibit 48 part 3: EPA-FOIA docs, #17 Exhibit 49 part 1: EPA 1979 Investigation, #18 Exhibit 49 part 2: EPA 1979 Investigation, #19 Exhibit 49 part 3: EPA 1979 Investigation) (Fedder, Jane)
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Filing 1001
NOTICE by Broad River Electric Cooperative, Inc. re #996 MOTION for Summary Judgment Statement of Undisputed Material Facts in Support of Exhibits 28 thru Exhibit 37 (Attachments: #1 Exhibit 28 - Ward Jr. Deposition Exhibit, #2 Exhibit 29 - Brewer 2004 Deposition Exceprts, #3 Exhibit 30 - Brewer 2010 Deposition Excerpts, #4 Exhibit - Ward III Deposition Excerpts, #5 Exhibit - Aguirre Deposition Exceprts, #6 Exhibit 33 - part 1: Deposition Exhibit 534 Surplus Record pages, #7 Exhibit 33 - part 2: Deposition Exhibit 534 Surplus Record pages, #8 Exhibit 33 - part 3: Deposition Exhibit 534 Surplus Record pages, #9 Exhibit 34 - EASA Web Site pages, #10 Exhibit 35 -Deposition Exhibit 538, #11 Exhibit 36 - part 1: Deposition Exhibit 524, #12 Exhibit 36 - part 2: Deposition Exhibit 524, #13 Exhibit 36 - part 3: Deposition Exhibit 524, #14 Exhibit 36 - part 4: Deposition Exhibit 524, #15 Exhibit 37 - Deposition Exhibit 536) (Fedder, Jane)
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Filing 1000
NOTICE by Broad River Electric Cooperative, Inc. re #996 MOTION for Summary Judgment Statement of Undisputed Material Facts in Support of Exhibits 14-27 (Attachments: #1 Exhibit 14-Deposition Exhibit 535 (Ward 2004 Letter), #2 Exhibit 15- EASA Web site pages, #3 Exhibit 16 - EASA Web site pages, #4 Exhibit 17 - EASA Web site pages, #5 Exhibit 18 - EASA Web site pages, #6 Exhibit 19 - Broad River Web site pages, #7 Exhibit 20 Wilson Deposition Excerpts, #8 Exhibit 21 - Deposition Exhibit 267, #9 Exhibit 22 - Deposition Exhibit 278, #10 Exhibit 23 - Deposition Exhibit 273, #11 Exhibit 24 - part 1 - Deposition Exhibit 276, #12 Exhibit 24 - part 2 - Deposition Exhibit 276, #13 Exhibit 25 - Deposition Exhibit 274, #14 Exhibit 26 - Deposition Exhibit 275, #15 Exhibit 27 - Deposition Exhibit 281) (Fedder, Jane)
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Filing 999
NOTICE by Broad River Electric Cooperative, Inc. re #996 MOTION for Summary Judgment Statement of Undisputed Material Facts in Support of Exhibits 8 thru 13 (Attachments: #1 Exhibit 8-part 1: 42 Fed Reg. 26564, #2 Exhibit 8-part 2: 42 Fed Reg. 26564, #3 Exhibit 8a-part 1: 54 Fed. Reg. 52716, #4 Exhibit 8a-part 2: 54 Fed. Reg. 52716, #5 Exhibit 8a-part 3: 54 Fed. Reg. 52716, #6 Exhibit 8a-part 4: 54 Fed. Reg. 52716, #7 Exhibit 9-part 1: 47 Fed. Reg. 37342, #8 Exhibit 10 - Reed Deposition Excerpts, #9 Exhibit 11 - Westover Deposition Excerpts, #10 Exhibit 12 - Croson Deposition Excerpts, #11 Exhibit 13 - Blank) (Fedder, Jane)
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Filing 998
NOTICE by Broad River Electric Cooperative, Inc. re #996 MOTION for Summary Judgment Statement of Undisputed Material Facts in Support of Exhibits 4 thru 7 (Attachments: #1 Exhibit 4 - part 1 EPA 1994 PCB Q&A Manual, #2 Exhibit 4 -part 2 EPA 1994 PCB Q&A Manual, #3 Exhibit 4 - part 3 EPA 1994 PCB Q&A Manual, #4 Exhibit 4 - part 4 EPA 1994 PCB Q&A Manual, #5 Exhibit 4 - part 5 EPA 1994 PCB Q&A Manual, #6 Exhibit 4 -part 6 EPA 1994 PCB Q&A Manual, #7 Exhibit 4 - part 7 EPA 1994 PCB Q&A Manual, #8 Exhibit 4 - part 8 EPA 1994 PCB Q&A Manual, #9 Exhibit 4 - part 9 EPA 1994 PCB Q&A Manual, #10 Exhibit 5 - part 1: 75 Fed Reg 17645, #11 Exhibit 5 - part 2: 75 Fed Reg 17645, #12 Exhibit 6 - part 1: EPA PCB Spill Cleanup, #13 Exhibit 6 - part 2: EPA PCB Spill Cleanup, #14 Exhibit 6 - part 3: EPA PCB Spill Cleanup, #15 Exhibit 7 42 USC 9601(14)) (Fedder, Jane)
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Filing 997
NOTICE by Broad River Electric Cooperative, Inc. re #996 MOTION for Summary Judgment Statement of Undisputed Material Facts in Support of Exhibits 1-3 (Attachments: #1 Exhibit 1-part 1 Westover Affidavit, #2 Exhibit 1-part 2 Westover Affidavit, #3 Exhbit 1-part 3 Westover Affidavit, #4 Exhibit 1-part 4 Westover Affidavit, #5 Exhibit 1-part 5 Westover Affidavit, #6 Exhibit 1-part 6 Westover Affidavit, #7 Exhibit 1-part 7 Westover Affidavit, #8 Exhibit 1-part 8 Westover Affidavit, #9 Exhibit 1-part 9 Westover Affidavit, #10 Exhibit 1-part 10 Westover Affidavit, #11 Exhibit 1-part 11 Westover Affidavit, #12 Exhibit 1-part 12 Westover Affidavit, #13 Exhibit 1-part 13 Westover Affidavit, #14 Exhibit 1-part 14 Westover Affidavit, #15 Exhibit 1-part 15 Westover Affidavit, #16Exhibit 1-part 16 Westover Affidavit, #17 Exhibit 2-part 1 TSCA PCB Final Report, #18 Exhibit 2-part 2 TSCA PCB Final Report, #19 Exhibit 2-part 3 TSCA PCB Final Report, #20 Exhibit 2-part 4 TSCA PCB Final Report, #21 Exhibit 2-part 5 TSCA PCB Final Report, #22 Exhibit 3 - Walsh Deposition Excerpts) (Fedder, Jane)
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Filing 996
Statement of Undisputed Material Facts in Support of #993 MOTION for Summary Judgment by Broad River Electric Cooperative, Inc. (Attachments: #1 Index Index to Broad River's Statement of Undisputed Facts in Support of Motion for Summary Judgment (993)) (Fedder, Jane) Modified on 2/18/2012 to terminate pending motion event and clarify docket entry text. (Baker, C.)
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Filing 995
REPLY to Response to Motion re #880 MOTION for Clarification re #312 Scheduling Order, filed by Tallahassee Memorial Healthcare, Inc. (Spurgeon, Susan)
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Filing 994
Memorandum in Support re #993 MOTION for Summary Judgment filed by Broad River Electric Cooperative, Inc. (Attachments: #1 Index of Exhibits to Memorandum in Support of Broad River's Motion for Summary Judgment, #2 Exhibit 1: Walewska Watkins Tulane Law Journal Article, #3 Exhibit 2: Barkett Chemical Waste Article, #4 Exhibit 3: Unpublished Authority- DVL, Inc. v. Gen. Elec. Co., #5 Exhibit 4: Unpublished Authority- United States v. Wash. State Dept. of Transp., #6 Exhibit 5: Unpublished Authority- Montville Tp. v. Woodmont Builders, LLC, #7 Exhibit 6: Unpublished Authority- Schiavone v. Ne. Utilities Serv. Co., #8 Exhibit 7: Unpublished Authority- United States v. B&D Electric, #9 Exhibit 8: Unpublished Authority- Pakootas v. Teck Cominco Metals, Ltd., #10 Exhibit 9: Unpublished Authority- U.S. Objections and Memor. in Oppos. to G.E. Mot. for Summ. J., #11 Exhibit 10: Unpublished Authority - U.S. Answer Brief, Miami-Dade County v. United States) (Fedder, Jane)
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Filing 993
MOTION for Summary Judgment by Broad River Electric Cooperative, Inc. (Attachments: #1 Text of Proposed Order Proposed Order) (Fedder, Jane)
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Filing 992
Memorandum in Support re #977 MOTION for Partial Summary Judgment as to CERCLA Liability Against Broad River Electric Cooperative, Inc. filed by Consolidation Coal Company, PCS Phospate Company, Inc. (Attachments: #1 Exhibit A - Young v. N.C. Agric. & Technical State Univ., No. 11-1244, 2012 WL 11240, at *1 (4th Cir. Jan. 4, 2012) (per curiam), #2 Exhibit B - Am. Petroleum Inst. v. Cooper, No. 5:08-CV-396-FL, 2011 WL 6297885, at *4 (E.D.N.C. Dec. 16, 2011)) (Darragh, Daniel)
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Filing 991
Memorandum in Support re #975 MOTION for Partial Summary Judgment as to Liability Against Repair Test Case Defendant Broad River Electric Cooperative, Inc. filed by Carolina Power & Light Company. (Attachments: #1 Exhibit A-Plaintiffs' Answers and Objections to Broad River Electric Cooperative, Inc.'s First Set of Interrogatories Nos. 6 and 7) (Smith, Christopher)
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Filing 990
NOTICE by Carolina Power & Light Company, Consolidation Coal Company, PCS Phosphate Company, Inc. re #975 MOTION for Partial Summary Judgment as to Liability Against Repair Test Case Defendant Broad River Electric Cooperative, Inc. Plaintiffs' Joint Statement of Material Facts Not in Dispute with Regard to Repair Test Case Defendant Broad River Electric Cooperative, Inc. (Smith, Christopher)
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Filing 989
NOTICE by Carolina Power & Light Company, Consolidation Coal Company, PCS Phosphate Company, Inc. re #975 MOTION for Partial Summary Judgment as to Liability Against Repair Test Case Defendant Broad River Electric Cooperative, Inc. Joint Appendix to Plaintiffs' Joint Statement of Material Facts Not in Dispute with Regard to Repair Test Case Defendant Board River Electric Cooperative, Inc., Part 11 - Pages BR APP 1259-1310 (Attachments: #1 Exhibit Certificate of Service) (Ovies, Kelli)
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Filing 988
NOTICE by Carolina Power & Light Company, Consolidation Coal Company, PCS Phosphate Company, Inc. re #975 MOTION for Partial Summary Judgment as to Liability Against Repair Test Case Defendant Broad River Electric Cooperative, Inc. Joint Appendix to Plaintiffs' Joint Statement of Material Facts Not in Dispute with Regard to Repair Test Case Defendant Broad River Electric Cooperative, Inc., Part 10 - Pages BR APP 1165-1258 (Attachments: #1 Exhibit Certificate of Service) (Smith, Christopher)
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Filing 987
NOTICE by Carolina Power & Light Company, Consolidation Coal Company, PCS Phosphate Company, Inc. re #975 MOTION for Partial Summary Judgment as to Liability Against Repair Test Case Defendant Broad River Electric Cooperative, Inc. Joint Appendix to Plaintiffs' Joint Statement of Material Facts Not in Dispute with Regard to Repair Test Case Defendant Board River Electric Cooperative, Inc., Part 9 - Pages BR APP 1105-1164 (Attachments: #1 Exhibit Certificate of Service) (Ovies, Kelli)
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Filing 986
NOTICE by Carolina Power & Light Company, Consolidation Coal Company, PCS Phosphate Company, Inc. re #975 MOTION for Partial Summary Judgment as to Liability Against Repair Test Case Defendant Broad River Electric Cooperative, Inc. Joint Appendix to Plaintiffs' Joint Statement of Material Facts Not in Dispute with Regard to Repair Test Case Defendant Broad River Electric Cooperative, Inc., Part 8 - Pages BR APP 962-1104 (Attachments: #1 Exhibit Certificate of Service) (Smith, Christopher)
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Filing 985
NOTICE by Carolina Power & Light Company, Consolidation Coal Company, PCS Phosphate Company, Inc. re #975 MOTION for Partial Summary Judgment as to Liability Against Repair Test Case Defendant Broad River Electric Cooperative, Inc. Joint Appendix to Plaintiffs' Joint Statement of Material Facts Not in Dispute with Regard to Repair Test Case Defendant Board River Electric Cooperative, Inc., Part 7 - BR APP 912-961 (Attachments: #1 Exhibit Certificate of Service) (Ovies, Kelli)
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Filing 984
NOTICE by Carolina Power & Light Company, Consolidation Coal Company, PCS Phosphate Company, Inc. re #975 MOTION for Partial Summary Judgment as to Liability Against Repair Test Case Defendant Broad River Electric Cooperative, Inc. Joint Appendix to Plaintiffs' Joint Statement of Material Facts Not in Dispute with Regard to Repair Test Case Defendant Broad River Electric Cooperative, Inc., Part 6 - Pages BR APP 868-911 (Attachments: #1 Exhibit Certificate of Service) (Smith, Christopher)
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Filing 983
NOTICE by Carolina Power & Light Company, Consolidation Coal Company, PCS Phosphate Company, Inc. re #975 MOTION for Partial Summary Judgment as to Liability Against Repair Test Case Defendant Broad River Electric Cooperative, Inc. Joint Appendix to Plaintiffs' Joint Statement of Material Facts Not in Dispute with Regard to Repair Test Case Defendant Board River Electric Cooperative, Inc., Part 5 - Pages BR APP 851-867 (Attachments: #1 Exhibit Certificate of Service) (Ovies, Kelli)
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Filing 982
NOTICE by Carolina Power & Light Company, Consolidation Coal Company, PCS Phosphate Company, Inc. re #975 MOTION for Partial Summary Judgment as to Liability Against Repair Test Case Defendant Broad River Electric Cooperative, Inc. Joint Appendix to Plaintiffs' Joint Statement of Material Facts Not in Dispute with Regard to Repair Test Case Defendant Broad River Electric Cooperative, Inc., Part 4 - Pages BR APP 662-850 (Attachments: #1 Exhibit Certificate of Service) (Smith, Christopher)
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Filing 980
NOTICE by Carolina Power & Light Company, Consolidation Coal Company, PCS Phosphate Company, Inc. re #975 MOTION for Partial Summary Judgment as to Liability Against Repair Test Case Defendant Broad River Electric Cooperative, Inc. Joint Appendix to Plaintiffs' Joint Statement of Material Facts Not in Dispute with Regard to Repair Test Case Defendant Board River Electric Cooperative, Inc., Part 3 - Pages BR APP 467-661 (Attachments: #1 Exhibit Certificate of Service) (Ovies, Kelli)
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Filing 979
NOTICE by Carolina Power & Light Company, Consolidation Coal Company, PCS Phosphate Company, Inc. re #975 MOTION for Partial Summary Judgment as to Liability Against Repair Test Case Defendant Broad River Electric Cooperative, Inc. Joint Appendix to Plaintiffs' Joint Statement of Material Facts Not in Dispute with Regard to Repair Test Case Defendant Broad River Electric Cooperative, Inc., Part 2 - Pages BR APP 430-466 (Attachments: #1 Exhibit Certificate of Service) (Smith, Christopher)
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Filing 978
NOTICE by Carolina Power & Light Company, Consolidation Coal Company, PCS Phosphate Company, Inc. re #975 MOTION for Partial Summary Judgment as to Liability Against Repair Test Case Defendant Broad River Electric Cooperative, Inc. Joint Appendix to Plaintiffs' Joint Statement of Material Facts Not in Dispute with Regard to Repair Test Case Defendant Board River Electric Cooperative, Inc., Part 1 - Pages BR APP 1-429 (Attachments: #1 Exhibit Certificate of Service) (Ovies, Kelli)
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Filing 977
MOTION for Partial Summary Judgment as to CERCLA Liability Against Broad River Electric Cooperative, Inc. by Consolidation Coal Company, PCS Phospate Company, Inc. (Darragh, Daniel)
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Filing 976
NOTICE by Carolina Power & Light Company, Consolidation Coal Company, PCS Phosphate Company, Inc. re #975 MOTION for Partial Summary Judgment as to Liability Against Repair Test Case Defendant Broad River Electric Cooperative, Inc. Joint Appendix to Plaintiffs' Joint Statement of Material Facts Not in Dispute with Regard to Repair Test Case Defendant Broad River Electric Cooperative, Inc. - Table of Contents (Attachments: #1 Exhibit Certificate of Service) (Smith, Christopher)
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Filing 975
MOTION for Partial Summary Judgment as to Liability Against Repair Test Case Defendant Broad River Electric Cooperative, Inc. by Carolina Power & Light Company. (Smith, Christopher)
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Filing 974
AFFIDAVIT of Edward J. Walsh by Carolina Power & Light Company, Consolidation Coal Company, PCS Phosphate Company, Inc. (Attachments: #1 Exhibit A - Ward Records - Serial #5064206, #2 Exhibit B - Ward Records - Serial #5064207, #3 Exhibit C - Distribution Transformer Manufacturers and Available PCB Information, #4 Exhibit D - Guidelines for Determining PCB Status of Distribution Transformers) (Ovies, Kelli)
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MOTION REFERRED to Magistrate Judge David W. Daniel - #969 MOTION for Extension of Time to File Response as to Third-Party Defendants' Motions to Dismiss. (Baker, C.)
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Filing 973
Notice of Substitution of Counsel by Noelle E. Valentine on behalf of Imerys Carbonates, LLC, North Georgia Electric Membership Corporation, Northrop Grumman Shipbuilding, Inc., Tennessee Associated Electric, Inc. or Tennessee Associated Electric, UPS Ground Freight, Inc., Union Carbide Corporation, Vulcan Construction Materials, Limited Partnership substituting for Benjamin Sidbury (Valentine, Noelle)
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Filing 972
RESPONSE in Opposition re #969 MOTION for Extension of Time to File Response filed by City of Winston-Salem, North Carolina, FABRI-KAL Corporation, Gencorp, Inc., Riley Power Inc., Villanova University (Attachments: #1 Exhibit A - Hexion Specialty Chemicals, Inc. v. Oak Bank Corp., 2011 U.S. Dist. Lexis 111669 (E.D.N.C. 2011) (unpublished)). (Johnson, Keith)
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Filing 971
NOTICE by Carolina Power & Light Company, Consolidation Coal Company, PCS Phosphate Company, Inc. re #878 Notice-(other), Second Notice of Filing in Support of Motions for Summary Judgment as to Test Case Defendants, Georgia Power Company and Broad River Electric Cooperative, Inc. (Smith, Christopher)
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Filing 970
FINANCIAL DISCLOSURE STATEMENT by Villanova University, Villanova University in the State of Pennsylvania. (Segletes, Theodore)
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Filing 969
MOTION for Extension of Time to File Response as to #957 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM the Additional Third Party Complaint of PCS Phosphate Company, Inc., #953 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Third Party Complaint of PCS Phosphate Company, Inc., #946 MOTION to Dismiss Additional Third-Party Complaint for Failure to State a Claim pursuant to Rules 12(b)(6) and 14, #963 Corrected MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM OR, IN THE ALTERNATIVE, JOINDER IN TALLAHASSEE MEMORIAL HEALTHCARE, INC'S MOTION FOR CLARIFICATION, #955 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM the Third Party Complaint of PCS Phosphate Company, Inc. by PCS Phosphate Company, Inc., (Attachments: #1 Text of Proposed Order). (Shipley, Curtis)
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Motion Submitted: #969 MOTION for Extension of Time to File Response as to Motions to Dismiss filed by Third-Party Defendants. (Baker, C.)
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Filing 968
RESPONSE to Motion re #880 MOTION for Clarification re #312 Scheduling Order, filed by CEMEX Construction Materials FL, LLC, DACCO Incorporated, J. C. Blair Memorial Hospital, National Railroad Passenger Corporation, Woodstream Corporation. (Risinger, Bradley)
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Filing 967
RESPONSE to Motion re #880 MOTION for Clarification re #312 Scheduling Order, filed by PCS Phosphate Company, Inc. (Attachments: #1 Text of Proposed Order). (Story, Jane)
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Filing 966
NOTICE of Appearance by Andrew H. Erteschik on behalf of Trinity Industries, Inc. (Erteschik, Andrew)
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Filing 965
FINANCIAL DISCLOSURE STATEMENT by Babson College. (Hornthal, L.)
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NOTICE OF DEFICIENCY - Failure to File Financial Disclosure Statement and Notice of Appearance as to Babson College. Pursuant to Fed. R. Civ. P. 7.1 and Local Civil Rule 7.3, all parties must file a corporate affiliate/financial interest disclosure statement. A negative statement is required if a party has no disclosures to make. The disclosure statement must be on a form provided by the clerk. This form is available at the clerk's office and on the court's website. Further, pursuant to Local Civil Rule 5.2, all counsel must file a Notice of Appearance. (Baker, C.)
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NOTICE OF DEFICIENCY - Failure to File Financial Disclosure Statement as to Villanova University. Pursuant to Fed. R. Civ. P. 7.1 and Local Civil Rule 7.3, all parties must file a corporate affiliate/financial interest disclosure statement. A negative statement is required if a party has no disclosures to make. The disclosure statement must be on a form provided by the clerk. This form is available at the clerk's office and on the court's website. (Baker, C.)
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Filing 964
FINANCIAL DISCLOSURE STATEMENT by Magnetic Metals Corporation identifying Corporate Parent Rowan Technologies, Inc. for Magnetic Metals Corporation. (Hartley, Joan)
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Filing 963
Corrected MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM OR, IN THE ALTERNATIVE, JOINDER IN TALLAHASSEE MEMORIAL HEALTHCARE, INC.'S MOTION FOR CLARIFICATION by Villanova University, Villanova University in the State of Pennsylvania (Attachments: #1 Certificate of Service). (Segletes, Theodore)
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Filing 962
Memorandum in Support re #963 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND, IN THE ALTERNATIVE, JOINDER IN TALLAHASSEE MEMORIAL HEALTHCARE, INC.S MOTION FOR CLARIFICATION filed by Villanova University, Villanova University in the State of Pennsylvania. (Attachments: #1 Certificate of Service) (Segletes, Theodore) Modified on 2/8/2012 to link to corrected motion. (Baker, C.)
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Filing 961
*DOCUMENT CORRECTED AND REFILED AT DOCKET ENTRY #963 * - MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND, IN THE ALTERNATIVE, JOINDER IN TALLAHASSEE MEMORIAL HEALTHCARE, INC.S MOTION FOR CLARIFICATION by Villanova University, Villanova University in the State of Pennsylvania. (Segletes, Theodore) Modified on 2/8/2012 to insert refiling information. (Baker, C.)
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Filing 960
ANSWER to Third Party Complaint by Emma L. Bixby Medical Center. (Brown, Gregory)
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Filing 959
ANSWER to Third Party Complaint by Babson College. (Hornthal, L.)
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Filing 958
Memorandum in Support re #957 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM the Additional Third Party Complaint of PCS Phosphate Company, Inc. filed by Gencorp, Inc.. (Johnson, Keith)
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Filing 957
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM the Additional Third Party Complaint of PCS Phosphate Company, Inc. by Gencorp, Inc. (Johnson, Keith)
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Filing 956
Memorandum in Support re #955 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM the Third Party Complaint of PCS Phosphate Company, Inc. filed by FABRI-KAL Corporation. (Johnson, Keith)
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Filing 955
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM the Third Party Complaint of PCS Phosphate Company, Inc. by FABRI-KAL Corporation. (Johnson, Keith)
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Filing 954
Memorandum in Support re #953 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Third Party Complaint of PCS Phosphate Company, Inc. filed by City of Winston-Salem, North Carolina. (Johnson, Keith)
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Filing 953
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Third Party Complaint of PCS Phosphate Company, Inc. by City of Winston-Salem, North Carolina. (Johnson, Keith)
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Filing 952
NOTICE of Appearance by Keith Harrison Johnson on behalf of City of Winston-Salem, North Carolina. (Johnson, Keith)
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Filing 951
NOTICE of Appearance by Andrew H. Erteschik on behalf of City of Winston-Salem, North Carolina. (Erteschik, Andrew)
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NOTICE OF DEFICIENCY - Failure to File Financial Disclosure Statement as to Magnetic Metals Corporation. Pursuant to Fed. R. Civ. P. 7.1 and Local Civil Rule 7.3, all parties must file a corporate affiliate/financial interest disclosure statement. A negative statement is required if a party has no disclosures to make. The disclosure statement must be on a form provided by the clerk. This form is available at the clerk's office and on the court's website. (Baker, C.)
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Filing 981
Letter from Christopher G. Smith re #599 MOTION for Summary Judgment on de micromis Grounds. (Baker, C.)
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Filing 950
ORDER - The time for all Third-Party Defendants, including that of the movants of the motions specifically referenced in the attached order, to answer or otherwise respond to the Third-Party Complaint of PCS Phosphate Company, Inc. is extended to March 15, 2012 to allow the Court to consider the motion for clarification. In the event the issues addressed herein remain unresolved as of the new deadline, the parties may seek further extension. Signed by Magistrate Judge David W. Daniel on 02/03/2012. (Baker, C.)
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Filing 949
ORDER re #880 MOTION for Clarification re #312 Scheduling Order, filed by Tallahassee Memorial Healthcare, Inc. - Any party, including Third-Party Plaintiff PCS Phosphate Company, Inc. and the Third-Party Defendants, that wishes to object to or otherwise be heard on the relief proposed in the motion for clarification shall file a response to the motion no later than February 13, 2012. Any reply shall be filed no later than February 17, 2012. Signed by Magistrate Judge David W. Daniel on 02/03/2012. (Baker, C.)
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MOTIONS REFERRED to Magistrate Judge David W. Daniel - #945 MOTION for Extension of Time to File Answer, #943 Third Party MOTION for Extension of Time to File Answer re #633 Third Party Complaint, #895 Consent MOTION for Extension of Time to File Answer, #948 MOTION for Extension of Time to File Answer, #904 MOTION for Extension of Time to File Answer to Third-Party Complaint of PCS Phosphate, and #940 MOTION for Extension of Time to File Answer re #633 Third Party Complaint. (Baker, C.)
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Filing 948
MOTION for Extension of Time to File Answer by Trinity Industries, Inc. (Attachments: #1 Text of Proposed Order). (Albergotti, Robert)
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Filing 947
Memorandum in Support re #946 MOTION to Dismiss Additional Third-Party Complaint for Failure to State a Claim pursuant to Rules 12(b)(6) and 14 filed by Riley Power Inc. (Attachments: #1 Exhibit 1 Stimson Lumber Co. v. Int'l Paper Co.). (Friesen, Bradley)
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Filing 946
MOTION to Dismiss Additional Third-Party Complaint for Failure to State a Claim pursuant to Rules 12(b)(6) and 14 by Riley Power Inc. (Attachments: #1 Text of Proposed Order). (Friesen, Bradley)
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Motions Submitted to District Judge Louise Wood Flanagan - #945 MOTION for Extension of Time to File Answer, #904 MOTION for Extension of Time to File Answer, #943 Third Party MOTION for Extension of Time to File Answer re #633 Third Party Complaint, #895 Consent MOTION for Extension of Time to File Answer, and #940 MOTION for Extension of Time to File Answer re #633 Third Party Complaint. (Baker, C.)
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Filing 945
MOTION for Extension of Time to File Answer by Magnetic Metals Corporation. (Attachments: #1 Text of Proposed Order). (Hartley, Joan)
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Filing 944
NOTICE of Appearance by Joan Wash Hartley on behalf of Magnetic Metals Corporation. (Hartley, Joan) D.).
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Filing 943
Third Party MOTION for Extension of Time to File Answer re #633 Third Party Complaint by SHO-ME Power Electric Cooperative. (Attachments: #1 Text of Proposed Order) (Terpening, William)
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Filing 942
Memorandum in Support re #941 MOTION for Summary Judgment as to CERCLA Liability Against Georgia Power Company filed by Consolidation Coal Company, PCS Phospate Company, Inc. (Attachments: #1 Exhibit A - Young v. North Carolina Agr. & Tech. State University, 2012 WL 11240 (4th Cir. Jan. 4, 2012), #2 Exhibit B - Am. Petroleum Inst. v. Cooper, 2011 WL 6297885 (E.D.N.C. Dec. 16, 2011), #3 Exhibit C - United States v. Atlas Lederer Co., 282 F. Supp. 2d 687 (S.D. Ohio 2001), on reconsideration, 2009 United States District LEXIS 126350 (Southern District Ohio Sept. 1, 2009). (Darragh, Daniel)
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Filing 941
MOTION for Summary Judgment as to CERCLA Liability Against Georgia Power Company by Consolidation Coal Company, PCS Phospate Company, Inc. (Darragh, Daniel)
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Filing 940
MOTION for Extension of Time to File Answer re #633 Third Party Complaint by The Rouse Company, LLC (Attachments: #1 Text of Proposed Order). (Sevilla, Garrick)
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Filing 939
NOTICE by Georgia Power Company re #896 Notice-(other) Supplemental Material Related to Statement of Undisputed Material Facts, Exhibit F, Part 3, Subpart A (Attachments: #1 Supplement Part 3, Subpart 2 of Exhibit F,: GPC's Two-Track Process, #2 Supplement Part 3, Subpart 3 of Exhibit F,: GPC's Two-Track Process, #3 Supplement Part 3, Subpart 4 of Exhibit F,: GPC's Two-Track Process, #4 Supplement Part 3, Subpart 5 of Exhibit F,: GPC's Two-Track Process, #5 Supplement Part 3, Subpart 6 of Exhibit F,: GPC's Two-Track Process, #6 Exhibit Certificate of Service). (Waldenberg, Whitney)
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Filing 938
NOTICE by Georgia Power Company re #896 Notice-(other) Supplemental Materials Related to Statement of Undisputed Material Facts, Exhibit F, Part 2, Subpart A (Attachments: #1 Supplement Part 2, Subpart B of Exhibit F: GPC's Twp-Track Process, #2 Supplement Part 2, Subpart C of Exhibit F: GPC's Twp-Track Process, #3 Supplement Part 2, Subpart D of Exhibit F: GPC's Twp-Track Process, #4 Exhibit Certificate of Service) (Waldenberg, Whitney)
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Filing 937
NOTICE by Georgia Power Company re #896 Notice-(other) Supplemental Materials Related to Statement of Undisputed Material Facts, Exhibit F, Part 1, Subpart A (Attachments: #1 Supplement Part 1, subpart B of Exhibit F: GPC's Two-Track Process, #2 Supplement Part 1, subpart C of Exhibit F: GPC's Two-Track Process, #3 Supplement Part 1, subpart D of Exhibit F: GPC's Two-Track Process, #4 Supplement Part 1, subpart E of Exhibit F: GPC's Two-Track Process, #5 Supplement Part 1, subpart F of Exhibit F: GPC's Two-Track Process, #6 Exhibit Certificate of Service) (Waldenberg, Whitney)
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Filing 936
NOTICE by Georgia Power Company re #896 Notice-(other) Supplemental Material Related to Statement of Undisputed Material Facts, Exhibit S, Excerpts from Deposition of Westover (Attachments: #1 Exhibit Certificate of Service). (Waldenberg, Whitney)
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Filing 935
NOTICE by Georgia Power Company re #896 Notice-(other) Supplemental Material Related to Statement of Undisputed Material Facts, Exhibit R, Excerpts from Deposition of Ward (Attachments: #1 Exhibit Certificate of Service). (Waldenberg, Whitney)
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Filing 934
NOTICE by Georgia Power Company re #896 Notice-(other) Supplemental Material Related to Statement of Undisputed Material Facts, Exhibit Q, Excerpts from Deposition of Walsh (Attachments: #1 Exhibit Certificate of Service). (Waldenberg, Whitney)
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Filing 933
NOTICE by Georgia Power Company re #896 Notice-(other) Supplemental Material Related to Statement of Undisputed Material Facts, Exhibit P, Excerpts from Deposition of Tennille (Attachments: #1 Exhibit Certificate of Service). (Waldenberg, Whitney)
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Filing 932
NOTICE by Georgia Power Company re #896 Notice-(other) Supplemental Material Related to Statement of Undisputed Material Facts, Exhibit O, Excerpts from Deposition of Dennis (Attachments: #1 Exhibit Certificate of Service). (Waldenberg, Whitney)
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Filing 931
NOTICE by Georgia Power Company re #896 Notice-(other) Supplemental Material Related to Statement of Undisputed Material Facts, Exhibit N, Excerpts from Deposition of Brown (Attachments: #1 Exhibit Certificate of Service). (Waldenberg, Whitney)
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Filing 930
NOTICE by Carolina Power & Light Company, Consolidation Coal Company, PCS Phosphate Company, Inc. re #885 MOTION for Partial Summary Judgment as to Liability Against Sale Test Case Defendant Georgia Power Company Joint Appendix in Support of Motion for Summary Judgment as to Defendant Georgia Power Company, Part 24B - Pages App. 1211 - App. 1239 (Attachments: #1 Exhibit Certificate of Service). (Belk, Caroline)
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Filing 929
NOTICE by Carolina Power & Light Company, Consolidation Coal Company, PCS Phosphate Company, Inc. re #885 MOTION for Partial Summary Judgment as to Liability Against Sale Test Case Defendant Georgia Power Company Joint Appendix in Support of Moton for Summary Judgment as to Defendant Georgia Power Company, Part 24A - Pages App. 1172 - App. 1210 (Attachments: #1 Exhibit Certificate of Service). (Belk, Caroline)
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Filing 928
NOTICE by Carolina Power & Light Company, Consolidation Coal Company, PCS Phosphate Company, Inc. re #885 MOTION for Partial Summary Judgment as to Liability Against Sale Test Case Defendant Georgia Power Company Joint Appendix in Support of Motion for Summary Judgment as to Defendant Georgia Power Company, Part 30 (Part 6 of 6 of Deposition Exhibit 286) Pages App. 1320 - App. 1327, Remaining Documents: Pages App. 1328 - App. 1392 (Attachments: #1 Exhibit Certificate of Service). (Smith, Christopher)
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Filing 927
NOTICE by Georgia Power Company re #896 Notice-(other) Supplemental Material Related to Statement of Undisputed Material Facts, Exhibit M, Excerpts from Deposition of Brewer (Attachments: #1 Exhibit Certificate of Service). (Waldenberg, Whitney)
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Filing 926
NOTICE by Georgia Power Company re #896 Notice-(other) Supplemental Materials Related to Statement of Undisputed Material Facts, Exhibit L, Part 1 (Attachments: #1 Supplement Part 2 of Exhibit L: Facts Relevant to SEPCo's Sales of Transformers to a Third Party that Later Sent Transformers to Ward, #2 Supplement Part 3 of Exhibit L: Facts Relevant to SEPCo's Sales of Transformers to a Third Party that Later Sent Transformers to Ward, #3 Supplement Part 4 of Exhibit L: Facts Relevant to SEPCo's Sales of Transformers to a Third Party that Later Sent Transformers to Ward, #4 Exhibit Certificate of Service). (Waldenberg, Whitney)
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Filing 925
NOTICE by Carolina Power & Light Company, Consolidation Coal Company, PCS Phosphate Company, Inc. re #885 MOTION for Partial Summary Judgment as to Liability Against Sale Test Case Defendant Georgia Power Company Joint Appendix in Support of Motion for Summary Judgment as to Defendant Georgia Power Company, Part 29 (Part 5 of 6 of Deposition Exhibit 286) Pages App. 1305 - App. 1319 (Attachments: #1 Exhibit Certificate of Service). (Smith, Christopher)
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Filing 924
NOTICE by Carolina Power & Light Company, Consolidation Coal Company, PCS Phosphate Company, Inc. re #885 MOTION for Partial Summary Judgment as to Liability Against Sale Test Case Defendant Georgia Power Company Joint Appendix in Support of Motion for Summary Judgment as to Defendant Georgia Power Company, Part 28 (Part 4 of 6 of Deposition Exhibit 286) Pages App. 1289 - App. 1304 (Attachments: #1 Exhibit Certificate of Service). (Smith, Christopher)
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Filing 923
NOTICE by Georgia Power Company re #896 Notice-(other) Supplemental Materials Related to Statement of Undisputed Material Facts, Exhibit K, Part 1 (Attachments: #1 Supplement Part 2 of Exhibit K: Ward's Resale of All GPC Transformers to Ward's Customers, #2 Supplement Part 3 of Exhibit K: Ward's Resale of All GPC Transformers to Ward's Customers, #3 Supplement Part 4 of Exhibit K: Ward's Resale of All GPC Transformers to Ward's Customers, #4 Exhibit Certificate of Service). (Waldenberg, Whitney)
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Filing 922
NOTICE by Carolina Power & Light Company, Consolidation Coal Company, PCS Phosphate Company, Inc. re #885 MOTION for Partial Summary Judgment as to Liability Against Sale Test Case Defendant Georgia Power Company Joint Appendix in Support of Motion for Summary Judgment as to Defendant Georgia Power Company, Part 27 (Part 3 of 6 of Deposition Exhibit 286) Pages App. 1271 - App. 1288 (Attachments: #1 Exhibit Certificate of Service) (Smith, Christopher)
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Filing 921
NOTICE by Carolina Power & Light Company, Consolidation Coal Company, PCS Phosphate Company, Inc. re #885 MOTION for Partial Summary Judgment as to Liability Against Sale Test Case Defendant Georgia Power Company Joint Appendix in Support of Motion for Summary Judgment as to Defendant Georgia Power Company, Part 26 (Part 2 of 6 of Deposition Exhibit 286) Pages App. 1258 - App. 1270 (Attachments: #1 Exhibit Certificate of Service). (Smith, Christopher)
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Filing 920
NOTICE by Georgia Power Company re #896 Notice-(other) Supplemental Material Related to Statement of Undisputed Material Facts, Exhibit J, Part 1 (Attachments: #1 Supplement Part 2 of Exhibit J: GPC's October 1984 Sales Transactions, #2 Supplement Part 3 of Exhibit J: GPC's October 1984 Sales Transactions, #3 Exhibit Certificate of Service). (Waldenberg, Whitney)
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Filing 919
NOTICE by Carolina Power & Light Company, Consolidation Coal Company, PCS Phosphate Company, Inc. re #885 MOTION for Partial Summary Judgment as to Liability Against Sale Test Case Defendant Georgia Power Company Joint Appendix in Support of Motion for Summary Judgment as to Defendant Georgia Power Company, Part 25, Pages App. 1240 (Part 1 of 6 of Deposition Exhibit 286) Pages App. 1241 - App. 1257 (Attachments: #1 Exhibit Certificate of Service). (Smith, Christopher)
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Filing 918
NOTICE by Georgia Power Company re #896 Notice-(other) Supplemental Material Related to Statement of Undisputed Material Facts, Exhibit I, Part 1 (Attachments: #1 Supplement Part 2 of Exhibit I:GPC's April 1984 Sales Transactions, #2 Exhibit Certificate of Service). (Waldenberg, Whitney)
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Filing 917
NOTICE by Georgia Power Company re #896 Notice-(other) Supplemental Material Related to Statement of Undisputed Material Facts, Exhibit H, Part 1 (Attachments: #1 Supplement Part 2 of Exhibit H: GPC's March 1984 Sales Transactions, #2 Exhibit Certificate of Service). (Waldenberg, Whitney)
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Filing 916
NOTICE by Georgia Power Company re #896 Notice-(other) Supplemental Material Related to Statement of Undisputed Material Facts, Exhibit G, Part 1 (Attachments: #1 Supplement Part 2 of Exhibit G: GPC's September 1983 Sales Transactions, #2 Supplement Part 3 of Exhibit G: GPC's September 1983 Sales Transactions, #3 Supplement Part 4 of Exhibit G: GPC's September 1983 Sales Transactions, #4 Exhibit Certificate of Service). (Waldenberg, Whitney)
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Filing 915
NOTICE by Carolina Power & Light Company, Consolidation Coal Company, PCS Phosphate Company, Inc. re #885 MOTION for Partial Summary Judgment as to Liability Against Sale Test Case Defendant Georgia Power Company Joint Appendix in Support of Motion for Summary Judgment as to Defendant Georgia Power Company, Part 23, Pages App. 1015 - App. 1171 (Attachments: #1 Exhibit Certificate of Service). (Smith, Christopher)
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Filing 914
NOTICE by Carolina Power & Light Company, Consolidation Coal Company, PCS Phosphate Company, Inc. re #885 MOTION for Partial Summary Judgment as to Liability Against Sale Test Case Defendant Georgia Power Company Joint Appendix in Support of Motion for Summary Judgment as to Defendant Georgia Power Company, Part 22 (Part 4 of 4 of Deposition Exhibit 700) Pages App. 999 - App. 1014 (Attachments: #1 Exhibit Certificate of Service) (Smith, Christopher)
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Filing 913
NOTICE by Carolina Power & Light Company, Consolidation Coal Company, PCS Phosphate Company, Inc. re #885 MOTION for Partial Summary Judgment as to Liability Against Sale Test Case Defendant Georgia Power Company Joint Appendix in Support of Motion for Summary Judgment as to Defendant Georgia Power Company, Part 21 (Part 3 of 4 of Deposition Exhibit 700) Pages App. 964 - App. 998 (Attachments: #1 Exhibit Certificate of Service) (Belk, Caroline)
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Filing 912
NOTICE by Carolina Power & Light Company, Consolidation Coal Company, PCS Phosphate Company, Inc. re #885 MOTION for Partial Summary Judgment as to Liability Against Sale Test Case Defendant Georgia Power Company Joint Appendix in Support of Motion for Summary Judgment as to Defendant Georgia Power Company, Part 20 (Part 2 of 4 of Deposition Exhibit 700) Pages App. 931 - App. 963 (Attachments: #1 Exhibit Certificate of Service) (Smith, Christopher)
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Filing 911
NOTICE by Carolina Power & Light Company, Consolidation Coal Company, PCS Phosphate Company, Inc. re #885 MOTION for Partial Summary Judgment as to Liability Against Sale Test Case Defendant Georgia Power Company Joint Appendix in Support of Motion for Summary Judgment as to Defendant Georgia Power Company, Part 19 (Part 1 of 4 of Deposition Exhibit 700) Pages App. 904 - App. 930 (Attachments: #1 Exhibit Certificate of Service) (Belk, Caroline)
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Filing 910
NOTICE by Carolina Power & Light Company, Consolidation Coal Company, PCS Phosphate Company, Inc. re #885 MOTION for Partial Summary Judgment as to Liability Against Sale Test Case Defendant Georgia Power Company Joint Appendix in Support of Motion for Summary Judgment as to Defendant Georgia Power Company, Part 18, Pages App. 875 - App. 903 (Attachments: #1 Exhibit Certificate of Service) (Smith, Christopher)
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Filing 909
NOTICE by Carolina Power & Light Company, Consolidation Coal Company, PCS Phosphate Company, Inc. re #885 MOTION for Partial Summary Judgment as to Liability Against Sale Test Case Defendant Georgia Power Company Joint Appendix in Support of Motion for Summary Judgment as to Defendant Georgia Power, Part 17, Pages App. 851 - App. 874 (Attachments: #1 Exhibit Certificate of Service) (Smith, Christopher)
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Filing 908
Memorandum in Support re #885 MOTION for Partial Summary Judgment as to Liability Against Sale Test Case Defendant Georgia Power Company filed by Carolina Power & Light Company. (Attachments: #1 Exhibit A - U.S. v. Atlas Lederer Co., 2009 U.S. Dist. LEXIS 126350 (S.D. Ohio Sept. 1, 2009), #2 Exhibit B - Schiavone v. Northeast Utilities Co., 2011 U.S. Dist. LEXIS 29090 (D.Conn. March 22, 2011), #3 Exhibit U.S. v. B&D Electric, Inc., et al. 2007 U.S. Dist. LEXIS 34086 (E.D. Mo. May 9, 2007)) (Belk, Caroline)
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Filing 907
NOTICE by Carolina Power & Light Company, Consolidation Coal Company, PCS Phosphate Company, Inc. re #885 MOTION for Partial Summary Judgment as to Liability Against Sale Test Case Defendant Georgia Power Company Joint Appendix in Support of Motion for Summary Judgment as to Defendant Georgia Power Company, Part 16, Pages App. 827 - App. 850 (Attachments: #1 Exhibit Certificate of Service) (Smith, Christopher)
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Filing 906
NOTICE by Carolina Power & Light Company, Consolidation Coal Company, PCS Phosphate Company, Inc. re #885 MOTION for Partial Summary Judgment as to Liability Against Sale Test Case Defendant Georgia Power Company Joint Appendix in Support of Motion for Summary Judgment as to Defendant Georgia Power Company, Part 15 (Part 2 of 2 of Deposition Exhibit 604) Pages App. 799 - App. 826 (Attachments: #1 Exhibit Certificate of Service) (Smith, Christopher)
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Filing 905
NOTICE by Carolina Power & Light Company, Consolidation Coal Company, PCS Phosphate Company, Inc. re #885 MOTION for Partial Summary Judgment as to Liability Against Sale Test Case Defendant Georgia Power Company Joint Appendix in Support of Motion for Summary Judgment as to Defendant Georgia Power Company, Part 14 (Part 1 of 2 of Deposition Exhibit 604) Pages App. 771 - App. 798 (Attachments: #1 Exhibit Certificate of Service) (Smith, Christopher)
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Filing 904
MOTION for Extension of Time to File Answer to Third-Party Complaint of PCS Phosphate by Melinz Rebar, Inc. (Attachments: #1 Text of Proposed Order) (Silverman, William)
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Filing 903
NOTICE by Carolina Power & Light Company, Consolidation Coal Company, PCS Phosphate Company, Inc. re #885 MOTION for Partial Summary Judgment as to Liability Against Sale Test Case Defendant Georgia Power Company Joint Appendix in Support of Motion for Summary Judgment as to Defendant Georgia Power Company Part 13 - Pages App. 740 - App. 770 (Attachments: #1 Exhibit Certificate of Service) (Belk, Caroline)
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Filing 902
NOTICE by Carolina Power & Light Company, Consolidation Coal Company, PCS Phosphate Company, Inc. re #885 MOTION for Partial Summary Judgment as to Liability Against Sale Test Case Defendant Georgia Power Company Joint Appendix in Support of Motion for Summary Judgment as to Defendant Georgia Power Company, Part 12, Pages App. 707 - App. 739 (Attachments: #1 Exhibit Certificate of Service) (Smith, Christopher)
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Filing 901
NOTICE by Carolina Power & Light Company, Consolidation Coal Company, PCS Phosphate Company, Inc. re #885 MOTION for Partial Summary Judgment as to Liability Against Sale Test Case Defendant Georgia Power Company Joint Appendix in Support of Motion for Summary Judgment as to Defendant Georgia Power Company, Part 11 (Part 3 of 3 of Deposition Exhibit 222) Pages App. 695 - App. 706 (Attachments: #1 Exhibit Certificate of Service) (Smith, Christopher)
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Filing 900
NOTICE by Carolina Power & Light Company, Consolidation Coal Company, PCS Phosphate Company, Inc. re #885 MOTION for Partial Summary Judgment as to Liability Against Sale Test Case Defendant Georgia Power Company Joint Statement of Material Facts not in Dispute with Regard to Sale Test Case Defendant Georgia Power Company (Belk, Caroline)
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Filing 899
NOTICE by Georgia Power Company re #896 Notice-(other) Supplemental Material Related to Statement of Undisputed Material Facts, Exhibit E, Part 1 (Attachments: #1 Supplement Part 2 of Exhibit E: Ward's Business as a Reseller of Used Transformers, #2 Supplement Part 3 of Exhibit E: Ward's Business as a Reseller of Used Transformers, #3 Supplement Part 4 of Exhibit E: Ward's Business as a Reseller of Used Transformers, #4 Supplement Part 5 of Exhibit E: Ward's Business as a Reseller of Used Transformers, #5 Supplement Part 6 of Exhibit E: Ward's Business as a Reseller of Used Transformers) (Waldenberg, Whitney)
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Filing 898
NOTICE by Carolina Power & Light Company, Consolidation Coal Company, PCS Phosphate Company, Inc. re #885 MOTION for Partial Summary Judgment as to Liability Against Sale Test Case Defendant Georgia Power Company Joint Appendix in Support of Motion for Summary Judgment as to Defendant Georgia Power Company, Part 10 (Part 2 of 3 of Deposition Exhibit 222) Pages App. 683 - App. 694 (Attachments: #1 Exhibit Certificate of Service) (Belk, Caroline)
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Filing 897
NOTICE by Carolina Power & Light Company, Consolidation Coal Company, PCS Phosphate Company, Inc. re #885 MOTION for Partial Summary Judgment as to Liability Against Sale Test Case Defendant Georgia Power Company Joint Appendix in Support of Motion for Summary Judgment as to Defendant Georgia Power Company, Part 9 (Part 1 of 3 of Deposition Exhibit 222) Pages App. 653 - App. 682 (Attachments: #1 Exhibit Certificate of Service) (Belk, Caroline)
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Filing 896
NOTICE by Georgia Power Company re #882 MOTION for Summary Judgment and Request for Hearing, Notice of Deficiency, #884 Notice-(other), Statement of Undisputed Material Facts and Notice of Filing Exhibits in Support of Georgia Power Company's Motion for Summary Judgment (Attachments: #1 Index of Exhibits A through S to Statement of Undisputed Material Facts, #2 Exhibit A: Summary Chart: GPC Transformers Sold to Ward, #3 Exhibit B: Summary Chart: Ward's Return on Resale of GPC's Transformers, #4 Exhibit C: Summary Chart: SEPCo Transformers Sold to EEC and Later Sent to Ward, #5 Exhibit D: Summary Chart: Ward/EEC's Return on Resale of SEPCo's Transformers) (Waldenberg, Whitney)
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Filing 895
Consent MOTION for Extension of Time to File Answer re #636 Summons Issued by Bay Mechanical & Electrical Corporation. (Attachments: #1 Proposed Order Granting Third-Party Defendant Bay Mechanical & Electrical Corporation's Unopposed Motion for an Additional Extension of Time to Respond to Third-Party Complaint) (Savidge, Keith)
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Filing 894
Memorandum in Support re #882 MOTION for Summary Judgment and Request for Hearing, #883 Memorandum in Support, Notice of Deficiency, filed by Georgia Power Company. (Attachments: #1 Index Index of Attached Cases, #2 Exhibit Case 1: Burlington Northern, #3 Exhibit Case 2: Pneumo Abex Corp, #4 Exhibit Case 3: Florida Power & Light Co., #5 Exhibit Case 4: B&D Electric, #6 Exhibit Case 5: North Landing, #7 Exhibit Case 6: Yellow Freight, #8 Exhibit Case 7: Wedzeb, #9 Exhibit Case 8: Gordon Stafford, #10 Exhibit Case 9: C. Green Equip, #11 Exhibit Case 10: Schiavone) (Waldenberg, Whitney)
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Filing 893
NOTICE by Carolina Power & Light Company, Consolidation Coal Company, PCS Phosphate Company, Inc. re #885 MOTION for Partial Summary Judgment as to Liability Against Sale Test Case Defendant Georgia Power Company Joint Appendix in Support of Motion for Summary Judgment as to Defendant Georgia Power Company, Part 8 - Pages App. 628 - App. 652 (Attachments: #1 Exhibit Certificate of Service) (Smith, Christopher)
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Filing 892
NOTICE by Carolina Power & Light Company, Consolidation Coal Company, PCS Phosphate Company, Inc. re #885 MOTION for Partial Summary Judgment as to Liability Against Sale Test Case Defendant Georgia Power Company Joint Appendix in Support of Motion for Summary Judgment as to Defendant Georgia Power Company, Part 7 App. 604 - App. 627 (Attachments: #1 Exhibit Certificate of Service) (Smith, Christopher)
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Filing 891
NOTICE by Carolina Power & Light Company, Consolidation Coal Company, PCS Phosphate Company, Inc. re #885 MOTION for Partial Summary Judgment as to Liability Against Sale Test Case Defendant Georgia Power Company Joint Appendix in Support of Motion for Summary Judgment as to Defendant Georgia Power Company, Part 6 - Pages App. 585 - App. 603 (Attachments: #1 Exhibit Certificate of Service) (Smith, Christopher)
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Filing 890
NOTICE by Carolina Power & Light Company, Consolidation Coal Company, PCS Phosphate Company, Inc. re #885 MOTION for Partial Summary Judgment as to Liability Against Sale Test Case Defendant Georgia Power Company Joint Appendix in Support of Motion for Summary Judgment as to Defendant Georgia Power Company, Part 5 - Pages App. 542 - App. 584 (Attachments: #1 Exhibit Certificate of Service) (Smith, Christopher)
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Filing 889
NOTICE by Carolina Power & Light Company, Consolidation Coal Company, PCS Phosphate Company, Inc. re #885 MOTION for Partial Summary Judgment as to Liability Against Sale Test Case Defendant Georgia Power Company Joint appendix in Support of Motion for Summary Judgment as to Defendant Georgia Power Company, Part 4 - Pages App. 506 - App. 541 (Attachments: #1 Exhibit Certificate of Service) (Smith, Christopher)
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Filing 888
NOTICE by Carolina Power & Light Company, Consolidation Coal Company, PCS Phosphate Company, Inc. re #885 MOTION for Partial Summary Judgment as to Liability Against Sale Test Case Defendant Georgia Power Company Joint Appendix in Support of Motion for Summary Judgment as to Defendant Georgia Power Company, Part 3 - Pages App. 443 - App.505 (Attachments: #1 Exhibit Certificate of Service) (Smith, Christopher)
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Filing 887
NOTICE by Carolina Power & Light Company, Consolidation Coal Company, PCS Phosphate Company, Inc. re #885 MOTION for Partial Summary Judgment as to Liability Against Sale Test Case Defendant Georgia Power Company Joint Appendix in Support of Motion for Summary Judgment as to Defendant Georgia Power Company, Part 2 - Pages App. 1 - App. 442 (Attachments: #1 Exhibit Certificate of Service) (Smith, Christopher)
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Filing 886
NOTICE by Carolina Power & Light Company, Consolidation Coal Company, PCS Phosphate Company, Inc. re #885 MOTION for Partial Summary Judgment as to Liability Against Sale Test Case Defendant Georgia Power Company Joint Appendix in Support of Motion for Summary Judgment as to Defendant Georgia Power Company, Part 1 - Table of Contents (Smith, Christopher)
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Filing 885
MOTION for Partial Summary Judgment as to Liability Against Sale Test Case Defendant Georgia Power Company by Carolina Power & Light Company. (Smith, Christopher)
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NOTICE OF DEFICIENCY re: #883 Memorandum in Support, #884 Notice - STATEMENT OF UNDISPUTED MATERIAL FACTS AND NOTICE OF FILING EXHIBITS - Pursuant to Section (L)(2) of the CM/ECF Policy Manual, attachments and exhibits must be identified with a clear and complete description of the document (e.g. Exhibit 1 is insufficient. Exhibit 1 - Affidavit of Jane Doe would meet the requirement.) Counsel is directed to refile both documents. (Baker, C.)
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Filing 884
*DOCUMENT CORRECTED AND REFILED AT DOCKET ENTRY #896 * - NOTICE by Georgia Power Company re #882 MOTION for Summary Judgment and Request for Hearing STATEMENT OF UNDISPUTED MATERIAL FACTS AND NOTICE OF FILING EXHIBITS (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E-S (placeholder)) (Reinhardt, Daniel) Modified on 2/2/2012 to insert refiling information. (Baker, C.)
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Filing 883
*DOCUMENT CORRECTED AND REFILED AT DOCKET ENTRY #894 * Memorandum in Support re #882 MOTION for Summary Judgment and Request for Hearing filed by Georgia Power Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10) (Reinhardt, Daniel) Modified on 2/2/2012 to insert refiling information. (Baker, C.)
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Filing 882
MOTION for Summary Judgment and Request for Hearing by Georgia Power Company. (Reinhardt, Daniel)
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Filing 881
Memorandum in Support re #880 MOTION for Clarification re #312 Scheduling Order, filed by Tallahassee Memorial Healthcare, Inc. (Spurgeon, Susan)
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Filing 880
MOTION for Clarification re #312 Scheduling Order, by Tallahassee Memorial Healthcare, Inc. (Attachments: #1 Text of Proposed Order proposed Order) (Spurgeon, Susan)
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NOTICE OF CORRECTION re Notice to Counsel. Counsel please disregard the "Notice To Counsel" sent earlier today in this matter in reference to the Certificate of Service. The notice was sent in error. (Heath, D.)
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NOTICE TO COUNSEL - as to the Certificate of Service attached to #880 Motion for Clarification and #881 Memorandum In Support. For future reference, counsel must include the name of each individual upon which the document was served. (Heath, D.)
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Filing 879
ANSWER to #807 Answer to Third Party Complaint, Counterclaim (to Ohio Valley Medical Center's Counterclaims) by PCS Phosphate Company, Inc. (Story, Jane)
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Filing 878
NOTICE by Carolina Power & Light Company, Consolidation Coal Company, PCS Phosphate Company, Inc. of Filing in Support of Motions for Summary Judgment as to Test Case Defendants, Georgia Power Company and Broad River Electric Cooperative, Inc. (Smith, Christopher)
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Filing 877
AFFIDAVIT of William G. Weir by Carolina Power & Light Company. (Attachments: #1 Exhibit A - July 7, 2005 EPA letter, #2 Exhibit B - Vendor Payment Schedule) (Smith, Christopher)
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Filing 876
AFFIDAVIT of Gary H. Collison by Carolina Power & Light Company. (Attachments: #1 Exhibit A - Collison Expert Report) (Smith, Christopher)
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NOTICE OF DEFICIENCY re #873 Affidavit and #872 Affidavit. Counsel failed to identify the exhibits. Counsel is directed to Section L(2)(b) of the Court's Electronic Policy Manual. Counsel should refile the Affidavits and identify each exhibit. (Heath, D.)
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Filing 875
ORDER granting #866 Motion for Entry of Default as to Third-Party Defendant Davis.Jerry Inc. - Signed by Dennis P. Iavarone, Clerk of Court on 01/26/2012. (Baker, C.)
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Filing 874
AFFIDAVIT of Joe Richard Brewer Regarding Broad River Transformers 2059260, 5064206, and 5064207 by Carolina Power & Light Company. (Attachments: #1 Exhibit A-Various Ward Documents, #2 Exhibit B Part 1-Various Ward Documents, #3 Exhibit B Part 2-Various Ward Documents, #4 Exhibit C-Various Ward Documents, #5 Exhibit D-Various Ward Documents, #6 Exhibit E-Various Ward Documents) (Smith, Christopher)
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Filing 873
*DOCUMENT REFILED AT DOCKET ENTRY #876 * - AFFIDAVIT of Gary H. Collison by Carolina Power & Light Company. (Attachments: #1 Exhibit A - Expert report of Gary H. Collison, P.E.) (Smith, Christopher) Modified on 1/27/2012 to identify exhibit. (Baker, C.) Modified on 1/27/2012 to insert refiling information. (Baker, C.)
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Filing 872
*DOCUMENT REFILED AT DOCKET ENTRY #877 * - AFFIDAVIT of William G. Weir by Carolina Power & Light Company. (Attachments: #1 Exhibit A - 07/07/05 etter from U.S. Environmental Protection Agency, #2 Exhibit B - The Ward Transformer Site Trust Fund Expenses 09/15/05 - 12/13/11) (Smith, Christopher) Modified on 1/27/2012 to insert exhibit naming conventions. (Baker, C.) Modified on 1/27/2012 to insert refiling information. (Baker, C.)
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Filing 871
AFFIDAVIT of Scott Canady by Carolina Power & Light Company. (Attachments: #1 Exhibit A-Coversheet) (Smith, Christopher)
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Filing 870
AFFIDAVIT of Joe Richard Brewer Regarding Certain Georgia Power Company Transformers by Carolina Power & Light Company. (Attachments: #1 Exhibit A-Various Ward Documents, #2 Exhibit B-Various Ward Documents, #3 Exhibit C-Various Ward Documents, #4 Exhibit D-Various Ward Documents, #5 Exhibit E-Various Ward Documents, #6 Exhibit F Part 1-Various Ward Documents, #7 Exhibit F Part 2-Various Ward Documents, #8 Exhibit G-Various Ward Documents, #9 Exhibit H-Various Ward Documents, #10 Exhibit I-Various Ward Documents, #11 Exhibit J-Various Ward Documents, #12 Exhibit K-Various Ward Documents) (Smith, Christopher)
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Filing 869
NOTICE of Appearance by Kelli Ann Ovies on behalf of Carolina Power & Light Company (Ovies, Kelli)
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Filing 868
Notice of Substitution of Counsel by Colin G Van Dyke on behalf of General Electric Company substituting for Husch Blackwell, LLP (Van Dyke, Colin)
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Filing 867
Declaration re #866 MOTION for Entry of Default as to Third Party Defendant Davis. Jerry Inc. by PCS Phosphate Company, Inc. (Attachments: #1 Exhibit 1 - Affidavit of Service as to Davis. Jerry Inc.) (Story, Jane)
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Filing 866
MOTION for Entry of Default as to Third Party Defendant Davis. Jerry Inc. by PCS Phosphate Company, Inc. (Attachments: #1 Text of Proposed Order) (Story, Jane)
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MOTION REFERRED to Dennis P. Iavarone, Clerk of Court - #866 MOTION for Entry of Default as to Third Party Defendant Davis. Jerry Inc. (Baker, C.)
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Filing 865
ORDER granting #859 Motion for Extension of Time to Answer Third-Party Complaint - Babson College's answer due 2/6/2012. Signed by District Judge Louise Wood Flanagan on 01/19/2012. (Baker, C.)
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Filing 864
STIPULATION regarding Affidavit by Carolina Power & Light Company, Consolidation Coal Company, North Georgia Electric Membership Corporation, PCS Phosphate Company, Inc. (Attachments: #1 Exhibit A - Affidavit of Wilford H. Hall) (Babcock, Sarah) Modified on 1/19/2012 to identify exhibit. (Baker, C.)
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Motion Submitted to District Judge Louise Wood Flanagan - #859 MOTION for Extension of Time to File Answer re #633 Third Party Complaint. (Baker, C.)
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Motion Submitted to District Judge Louise Wood Flanagan - #858 MOTION for Hearing re #589 MOTION for Partial Summary Judgment on De Micromis Grounds. (Baker, C.)
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Filing 863
NOTICE of Appearance for non-district by Theodore J. Segletes, III on behalf of Villanova University in the State of Pennsylvania (Attachments: #1 Certificate of Service) (Segletes, Theodore)
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Filing 862
*DOCUMENT CORRECTED AND REFILED AT DOCKET ENTRY #863 * - NOTICE of Appearance for non-district by Michael T. Hamilton on behalf of Villanova University in the State of Pennsylvania (Attachments: #1 Certificate of Service) (Hamilton, Michael) Modified on 2/6/2012 to insert refiling information. (Baker, C.)
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Filing 861
NOTICE of Appearance for non-district by Michael T. Hamilton on behalf of Villanova University in the State of Pennsylvania (Attachments: #1 Certificate of service) (Hamilton, Michael)
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Filing 860
Proposed Order re #858 MOTION for Hearing re #589 MOTION for Partial Summary Judgment on De Micromis Grounds filed by Danny Corporation, Northrop Grumman Shipbuilding, Inc., Pharmacia Corporation, Southland Electrical Supply, Inc., Unimin Corporation. (Babcock, Sarah)
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Filing 859
MOTION for Extension of Time to File Answer re #633 Third Party Complaint by Babson College. (Attachments: #1 Text of Proposed Order) (Hornthal, L.)
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Filing 858
MOTION for Hearing re #589 MOTION for Partial Summary Judgment on De Micromis Grounds by Danny Corporation, Northrop Grumman Shipbuilding, Inc., Pharmacia Corporation, Southland Electrical Supply, Inc., Unimin Corporation. (Babcock, Sarah)
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NOTICE OF DEFICIENCY re: #858 Motion for Hearing - Pursuant to the judge's practice preferences on the court's website, counsel must submit a proposed order. The order must be filed electronically using the event PROPOSED ORDER located in the RESPONSES AND REPLIES category. (Baker, C.)
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Filing 857
ORDER granting #850 Motion for Extension of Time to Answer Third-Party Complaint - Novartis Corporation's answer due 2/10/2012. Signed by District Judge Louise Wood Flanagan on 01/17/2012. (Baker, C.)
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Filing 856
NOTICE of Appearance for non-district by Peter S. Strassner on behalf of SHO-ME Power Electric Cooperative (Strassner, Peter)
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Filing 855
AMENDED ANSWER to Third Party Complaint by E. Luke Greene Company, Inc. (Ridings, Leslie)
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Filing 854
FINANCIAL DISCLOSURE STATEMENT by Henkels & McCoy, Inc. Associated Cases: 5:08-cv-00460-FL, 5:08-cv-00463-FL (Lewis, J.)
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Motion Submitted to District Judge Louise Wood Flanagan - #850 MOTION for Extension of Time to File Answer re #633 Third Party Complaint. (Baker, C.)
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Filing 853
NOTICE of Appearance for non-district by Keith P. McManus on behalf of Novartis Corporation (McManus, Keith)
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Filing 852
ORDER denying #787 MOTION for Extension of Time to Conduct Expert Discovery and denying #822 Supplemental Corresponding Motion - Signed by District Judge Louise Wood Flanagan on 01/12/2012. (Baker, C.)
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Filing 851
Proposed Order re #850 MOTION for Extension of Time to File Answer re #633 Third Party Complaint filed by Novartis Corporation. (Bowers, John)
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Filing 850
MOTION for Extension of Time to File Answer re #633 Third Party Complaint by Novartis Corporation. (Bowers, John)
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Filing 849
FINANCIAL DISCLOSURE STATEMENT by Novartis Corporation identifying Corporate Parent Novartis AG for Novartis Corporation. (Bowers, John)
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Filing 848
NOTICE of Appearance by John Watson Bowers on behalf of Novartis Corporation (Bowers, John)
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Filing 847
ORDER granting #841 Motion for Extension of Time to Answer Third-Party Complaint - Truland Corporation's answer due 2/13/2012. Signed by District Judge Louise Wood Flanagan on 01/12/2012. (Baker, C.)
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Filing 846
ORDER granting #839 Motion for Extension of Time to Answer Third-Party Complaint - FABRI-KAL Corporation's answer due 2/16/2012. Signed by District Judge Louise Wood Flanagan on 01/12/2012. (Baker, C.)
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Filing 845
ORDER granting #842 Motion for Extension of Time to Answer Third-Party Complaint - Saint Augustine's College's answer due 2/13/2012. Signed by District Judge Louise Wood Flanagan on 01/13/2012. (Baker, C.)
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Filing 844
ANSWER to Third Party Complaint by Henkels & McCoy, Inc. (Lewis, J.)
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Filing 843
NOTICE of Appearance by J. Scott Lewis on behalf of Henkels & McCoy, Inc. (Lewis, J.)
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Filing 842
MOTION for Extension of Time to File Answer by Saint Augustine's College. (Attachments: #1 Text of Proposed Order) (Watson, Stacie)
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Motion Submitted to District Judge Louise Wood Flanagan - #842 MOTION for Extension of Time to File Answer. (Baker, C.)
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Filing 841
Consent MOTION for Extension of Time to File Answer re #633 Third Party Complaint by Truland Corporation. (Attachments: #1 Text of Proposed Order) (Watts, Alissa)
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Filing 840
ORDER granting #827 Motion to Dismiss Kobe Copper Products Inc. - Plaintiffs' claims against KCPI in the above captioned actions are hereby dismissed with prejudice and the reserved claims of all other parties are dismissed without prejudice. Signed by District Judge Louise Wood Flanagan on 01/11/2012. (Baker, C.)
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Filing 839
MOTION for Extension of Time to File Answer re #633 Third Party Complaint by FABRI-KAL Corporation. (Attachments: #1 Text of Proposed Order) (Johnson, Keith)
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Filing 838
NOTICE of Appearance by Andrew H. Erteschik on behalf of FABRI-KAL Corporation (Erteschik, Andrew)
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Filing 837
NOTICE of Appearance by Andrew H. Erteschik on behalf of Gencorp, Inc. (Erteschik, Andrew)
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Motion Submitted to District Judge Louise Wood Flanagan - #827 MOTION to Dismiss. (Baker, C.)
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Motion Submitted to District Judge Louise Wood Flanagan - #841 Consent MOTION for Extension of Time to File Answer re #633 Third Party Complaint. (Baker, C.)
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Motion Submitted to District Judge Louise Wood Flanagan - #839 MOTION for Extension of Time to File Answer re #633 Third Party Complaint. (Baker, C.)
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Filing 836
NOTICE of Appearance for non-district by Ross E. Linzer on behalf of SHO-ME Power Electric Cooperative (Linzer, Ross)
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Filing 835
ORDER granting #809 Motion for Extension of Time to Answer Third-Party Complaint - Villanova University's answer due 2/6/2012. Signed by District Judge Louise Wood Flanagan on 01/10/2012. (Baker, C.)
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Filing 834
ORDER granting #798 Motion for Extension of Time to File Response to Third-Party Complaint - Georgia-Pacific LLC's answer due 02/06/2012. Signed by District Judge Louise Wood Flanagan on 01/10/2012. (Baker, C.)
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Filing 833
ORDER granting #813 Motion for Extension of Time to Answer Third-Party Complaint - Parker-Hannifan Corporation's answer due 02/08/2012. Signed by District Judge Louise Wood Flanagan on 01/10/2012. (Baker, C.)
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Filing 832
ORDER granting #823 Motion for Extension of Time to Answer Third-Party Complaint - Timken US LLC's answer due 2/8/2012. Signed by District Judge Louise Wood Flanagan on 01/10/2012. (Baker, C.)
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Filing 831
FINANCIAL DISCLOSURE STATEMENT by FABRI-KAL Corporation (Johnson, Keith)
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Filing 830
NOTICE of Appearance by Keith Harrison Johnson on behalf of FABRI-KAL Corporation (Johnson, Keith)
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Filing 829
ORDER granting #817 Motion to Withdraw as Attorney of Record for Defendant Caterpillar, Inc. - Attorney Brian K. Lewallen terminated. Signed by District Judge Louise Wood Flanagan on 01/10/2012. (Baker, C.)
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Filing 828
Memorandum in Support re #827 MOTION to Dismiss Kobe Copper Products, Inc. Pursuant to Rule 41(a)(2) filed by Carolina Power & Light Company. (Smith, Christopher)
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Filing 827
MOTION to Dismiss by Carolina Power & Light Company. (Attachments: #1 Text of Proposed Order Proposed Order) (Smith, Christopher)
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Filing 826
Memorandum in Opposition re #787 MOTION for Extension of Time to Conduct Expert Discovery and Notice of Intent to Disclose Rebuttal Expert, #822 Supplemental MOTION for Extension of Time to Complete Discovery re Experts and Notice of Intent to Disclose Rebuttal Expert filed by Carolina Power & Light Company. (Attachments: #1 Exhibit A: Email of August 10, 2010, #2 Exhibit B: Email of December 12, 2011, #3 Exhibit C: Excerpt - Deposition Transcript of Gary H. Collison, #4 Exhibit D: Wooton v. CL, LLC) (Smith, Christopher)
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Filing 825
NOTICE of Voluntary Dismissal of third-party defendant Kerr-McGee Corporation by PCS Phosphate Company, Inc. (Story, Jane) Modified on 1/10/2012 to clarify docket entry text. (Baker, C.)
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Filing 824
NOTICE by Caterpillar Inc. re #817 MOTION to Withdraw as Attorney (Millberg, John)
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Motion Submitted to District Judge Louise Wood Flanagan - #817 MOTION to Withdraw as Attorney. (Baker, C.)
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Motion Submitted to District Judge Louise Wood Flanagan - #823 MOTION for Extension of Time to File Answer. (Baker, C.)
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Motion Submitted to District Judge Louise Wood Flanagan - #822 Supplemental MOTION for Extension of Time to Complete Discovery re Experts and Notice of Intent to Disclose Rebuttal Expert. (Baker, C.)
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Filing 823
MOTION for Extension of Time to File Answer by Timken US LLC. (Attachments: #1 Text of Proposed Order on Motion for Ext of Time) (Byrne, Michael)
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Filing 822
Supplemental MOTION for Extension of Time to Complete Discovery re Experts and Notice of Intent to Disclose Rebuttal Expert by Broad River Electric Cooperative, Inc., Georgia Power Company. (Attachments: #1 Exhibit A - 01/09/2012 Email Communication) (Dewberry, Uyless)
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Filing 821
FINANCIAL DISCLOSURE STATEMENT by Timken US LLC. (Byrne, Michael)
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Filing 820
NOTICE of Appearance by Michael John Byrne on behalf of Timken US LLC (Byrne, Michael)
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Filing 819
ANSWER to Third Party Complaint by CEMEX Construction Materials FL, LLC. (Risinger, Bradley)
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Filing 818
ANSWER to Third Party Complaint by National Railroad Passenger Corporation. (Risinger, Bradley)
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Filing 817
MOTION to Withdraw as Attorney by Caterpillar Inc. (Attachments: #1 Text of Proposed Order) (Millberg, John)
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Filing 816
NOTICE of Appearance for non-district by Kevin P. Sullivan on behalf of St. John's College (Sullivan, Kevin)
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Filing 815
Proposed Order by Villanova University in the State of Pennsylvania. (Attachments: #1 Text of Proposed Order) (Tarleton, Allan)
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Filing 814
Proposed Order re #813 Consent MOTION For Extension of Time to File Responsive Pleading by Parker-Hannifin Corporation. (Olson, Kurt)
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Filing 813
Consent MOTION for Extension of Time by Parker-Hannifin Corporation. (Olson, Kurt)
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Filing 812
FINANCIAL DISCLOSURE STATEMENT by Parker-Hannifin Corporation (Olson, Kurt)
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Filing 811
NOTICE of Appearance by Kurt J. Olson on behalf of Parker-Hannifin Corporation (Olson, Kurt)
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NOTICE OF DEFICIENCY re: #809 Motion for Extension of Time to File Answer - Pursuant to Local Civil Rule 6.1, or the judge's practice preferences on the court's website, counsel must submit a proposed order. The order must be filed electronically using the event PROPOSED ORDER located in the RESPONSES AND REPLIES category. (Baker, C.)
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Motion Submitted to District Judge Louise Wood Flanagan - #787 MOTION for Extension of Time to Conduct Expert Discovery and Notice of Intent to Disclose Rebuttal Expert. (Baker, C.)
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Motion Submitted to District Judge Louise Wood Flanagan - #813 Consent MOTION for Extension of Time Consent MOTION for Extension of Time to File Response. (Baker, C.)
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Motion Submitted to District Judge Louise Wood Flanagan - #809 MOTION for Extension of Time to File Answer. (Baker, C.)
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Filing 810
NOTICE of Appearance of Non-District Counsel Michael T. Hamilton on behalf of Villanova University in the State of Pennsylvania (Tarleton, Allan) Modified on 1/9/2012 to clarify docket entry text. (Baker, C.)
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Filing 809
MOTION for Extension of Time to File Answer by Villanova University. (Tarleton, Allan)
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Filing 808
NOTICE of Appearance by Allan R. Tarleton on behalf of Villanova University in the State of Pennsylvania (Tarleton, Allan)
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Filing 807
ANSWER to Third Party Complaint , COUNTERCLAIM against PCS Phosphate Company, Inc. by Ohio Valley Medical Center, Incorporated. (Buckner, Andrew)
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Filing 806
ANSWER to Third Party Complaint by Mass. Electric Construction Co. (Larson, Linda)
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Filing 805
FINANCIAL DISCLOSURE STATEMENT by Ohio Valley Medical Center, Incorporated. (Marshall, James)
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Filing 804
NOTICE of Appearance by James W. Marshall, III on behalf of Ohio Valley Medical Center, Incorporated (Marshall, James)
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Filing 803
ANSWER to Third Party Complaint by J. C. Blair Memorial Hospital. (Risinger, Bradley)
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Filing 802
ANSWER to Third Party Complaint by Woodstream Corporation. (Risinger, Bradley)
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Filing 801
ANSWER to Third Party Complaint by DACCO Incorporated. (Risinger, Bradley)
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Filing 800
ANSWER to Third Party Complaint by E. Luke Greene Company, Inc. (Ridings, Leslie)
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Filing 799
Affirmative Defenses and ANSWER to Third Party Complaint by UPS Ground Freight, Inc. (Babcock, Sarah)
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Filing 798
Consent MOTION for Extension of Time to File Response/Reply as to #635 Third Party Complaint, by Georgia-Pacific, LLC. (Attachments: #1 Text of Proposed Order) (Fedder, Jane)
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Filing 797
ANSWER to Third Party Complaint by Thomasville Furniture Industries, Inc. (Mitchell, Charlotte)
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Filing 796
ANSWER to Third Party Complaint by Southern Alloy Corporation. (Mitchell, Charlotte)
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Filing 795
ORDER granting #794 Motion for Extension of Time to Answer Third-Party Complaint - City of Winston-Salem, North Carolina's answer due 2/7/2012. Signed by District Judge Louise Wood Flanagan on 01/06/2012. (Baker, C.)
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NOTICE OF DEFICIENCY re: #787 Motion for Extension of Time - Pursuant to Local Civil Rule 6.1, all motions for an extension of time to perform an act required or allowed to be done within a specified time must show prior consultation with opposing counsel and the views of opposing counsel. By directive received from the Court, counsel is to supplement this motion by providing the omitted information in filing to be made by the close of business on Monday, January 9, 2012. (Baker, C.)
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Motion Submitted to District Judge Louise Wood Flanagan - #798 Consent MOTION for Extension of Time to File Response/Reply as to #635 Third Party Complaint. (Baker, C.)
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Filing 794
First MOTION for Extension of Time to File Answer re #633 Third Party Complaint by City of Winston-Salem, North Carolina. (Attachments: #1 Text of Proposed Order) (Baker, Anthony)
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Filing 793
ORDER granting #785 Motion for Extension of Time to Answer Third-Party Complaint - Bay Mechanical & Electrical Corporation's answer due 2/6/2012. Signed by District Judge Louise Wood Flanagan on 01/05/2012. (Baker, C.)
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Filing 792
ORDER granting #783 Motion for Extension of Time to Answer Third-Party Complaint - Delaware Electric Cooperative, Inc.'s answer due 2/6/2012. Signed by District Judge Louise Wood Flanagan on 01/05/2012. (Baker, C.)
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Filing 791
ORDER granting #784 Motion for Extension of Time to Answer Third-Party Complaint - Seabrook Enterprises, Inc.'s answer due 2/6/2012.Signed by District Judge Louise Wood Flanagan on 01/05/2012. (Baker, C.)
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Filing 790
FINANCIAL DISCLOSURE STATEMENT by City of Winston-Salem, North Carolina (Baker, Anthony)
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Filing 789
ANSWER to Third Party Complaint and Affirmative Defenses by Batesville Casket Company. (Mullican, Valerie)
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Motion Submitted to District Judge Louise Wood Flanagan - #794 First MOTION for Extension of Time to File Answer re #633 Third Party Complaint. (Baker, C.)
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Filing 788
NOTICE of Appearance for non-district by Leslie T Ridings on behalf of E. Luke Greene Company, Inc. (Ridings, Leslie)
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NOTICE OF DEFICIENCY re #786 Motion for Leave to Appear - This document is not a motion. The document should have been filed using the Notice of Appearance event under the "Notices" category. Counsel is instructed to refile this document using the correct event. (Tripp, S.)
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Filing 787
MOTION for Extension of Time to Conduct Expert Discovery and Notice of Intent to Disclose Rebuttal Expert by Broad River Electric Cooperative, Inc., Georgia Power Company. (Attachments: #1 Text of Proposed Order, #2 Exhibit A - 12/30/11 Email letter from C. Smith, #3 Exhibit B - 12/30/11 Email Letter from D. Darragh to U. Dewberry) (Dewberry, Uyless)
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Filing 786
*DOCUMENT CORRECTED AND REFILED AT DOCKET ENTRY #786 * - MOTION for Leave to Appear Counsel Leslie T. Ridings and William Bovender by E. Luke Greene Company, Inc. (Ridings, Leslie) Modified on 1/5/2012 to insert refiling information. (Baker, C.).
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Filing 785
MOTION for Extension of Time to File Answer re #633 Third Party Complaint by Bay Mechanical & Electrical Corporation. (Attachments: #1 Text of Proposed Order Granting Third-Party Defendant Bay Mechanical & Electrical Corporation's Motion for Extension of Time to Respond to Third-Party Complaint) (Savidge, Keith)
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Filing 784
MOTION for Extension of Time to File Answer by Seabrook Enterprises, Inc. (Attachments: #1 Text of Proposed Order on Motion to Extend) (Byrne, Michael)
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Filing 783
MOTION for Extension of Time to File Answer by Delaware Electric Cooperative, Inc. (Attachments: #1 Text of Proposed Order on Motion to Extend) (Byrne, Michael)
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Motion Submitted to District Judge Louise Wood Flanagan: #783 MOTION for Extension of Time to File Answer. (Tripp, S.)
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Motion Submitted to District Judge Louise Wood Flanagan: #784 MOTION for Extension of Time to File Answer. (Tripp, S.)
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Motion Submitted to District Judge Louise Wood Flanagan: #785 MOTION for Extension of Time to File Answer re #633 Third Party Complaint. (Tripp, S.)
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Filing 782
FINANCIAL DISCLOSURE STATEMENT by J. C. Blair Memorial Hospital identifying Corporate Parent J. C. Blair Health Systems, Inc. for J. C. Blair Memorial Hospital. (Risinger, Bradley)
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Filing 781
NOTICE of Appearance by Bradley M. Risinger on behalf of J. C. Blair Memorial Hospital (Risinger, Bradley)
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Filing 780
NOTICE of Appearance for non-district by Linda R. Larson on behalf of Mass. Electric Construction Co. (Larson, Linda)
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Filing 779
NOTICE of Appearance for non-district by Russell C. Prugh on behalf of Mass. Electric Construction Co. (Prugh, Russell)
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Filing 778
ORDER granting #776 Motion for Extension of Time to Answer Third-Party Complaint - Barnes & Powell Electrical Company, Inc.'s answer due 02/07/2012. Signed by District Judge Louise Wood Flanagan on 12/30/2011. (Baker, C.) Modified on 12/30/2011 to correct answer deadline. (Baker, C.)
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Motion Submitted to District Judge Louise Wood Flanagan - #776 MOTION for Extension of Time to File Answer re #633 Third Party Complaint. (Baker, C.)
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Filing 777
NOTICE of Appearance for non-district by Edward S. Griggs on behalf of Batesville Casket Company (Griggs, Edward)
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Filing 776
MOTION for Extension of Time to File Answer re #633 Third Party Complaint by Barnes & Powell Electrical Company, Inc. (Attachments: #1 Text of Proposed Order) (Smith, M.)
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Filing 775
ORDER granting #774 Motion for Extension of Time to Answer Third-Party Complaint - The Rouse Company, LLC's answer due 2/6/2012. Signed by District Judge Louise Wood Flanagan on 12/29/2011. (Baker, C.)
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Filing 774
MOTION for Extension of Time to File Answer re #633 Third Party Complaint by The Rouse Company, LLC. (Attachments: #1 Text of Proposed Order) (Sevilla, Garrick)
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Motion Submitted to District Judge Louise Wood Flanagan - #774 MOTION for Extension of Time to File Answer re #633 Third Party Complaint. (Baker, C.)
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Filing 773
ORDER denying #666 Motion to Amend/Correct #629 Order on Motion for Protective Order - Signed by District Judge Louise Wood Flanagan on 12/28/2011. (Baker, C.)
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Filing 772
ORDER granting #771 Motion for Extension of Time to File Response to Third-Party Complaint - Gencorp, Inc.'s answer due by 2/6/2012. Signed by District Judge Louise Wood Flanagan on 12/28/2011. (Baker, C.)
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Filing 771
MOTION for Extension of Time to File Response/Reply to Third-Party Complaint by Gencorp, Inc. (Attachments: #1 Text of Proposed Order) (Johnson, Keith)
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Motion Submitted to District Judge Louise Wood Flanagan - #666 MOTION to Modify #629 Order on Motion for Protective Order. (Baker, C.)
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Motion Submitted to District Judge Louise Wood Flanagan - #771 MOTION for Extension of Time to File Response/Reply to Third-Party Complaint. (Baker, C.)
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Filing 770
ORDER granting #768 Motion for Extension of Time to Answer Third-Party Complaint - Robert Bosch LLC's answer due 2/6/2012.Signed by District Judge Louise Wood Flanagan on 12/27/2011. (Baker, C.)
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Filing 769
ORDER granting #767 Motion for Extension of Time to Answer Third-Party Complaint - The National Lime and Stone Company's answer due 2/13/2012. Signed by District Judge Louise Wood Flanagan on 12/27/2011. (Baker, C.)
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Filing 768
MOTION for Extension of Time to File Answer Third-Party Complaint by Robert Bosch LLC. (Attachments: #1 Text of Proposed Order) (Hartley, Joan)
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Filing 767
MOTION for Extension of Time to File Answer Third-Party Complaint by The National Lime and Stone Company. (Attachments: #1 Text of Proposed Order) (Hartley, Joan)
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Motions Submitted to District Judge Louise Wood Flanagan - #767 MOTION for Extension of Time to File Answer Third-Party Complaint and #768 MOTION for Extension of Time to File Answer Third-Party Complaint. (Baker, C.)
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Filing 766
ORDER granting #765 Motion for Extension of Time to Answer Third-Party Complaint - Trinity Industries, Inc.'s answer due 2/6/2012. Signed by District Judge Louise Wood Flanagan on 12/23/2011. (Baker, C.)
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Filing 765
MOTION for Extension of Time to File Answer by Trinity Industires, Inc. (Attachments: #1 Text of Proposed Order) (Albergotti, Robert)
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Filing 764
FINANCIAL DISCLOSURE STATEMENT by Gencorp, Inc. (Johnson, Keith)
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Filing 763
NOTICE of Appearance by Keith Harrison Johnson on behalf of Gencorp, Inc. (Johnson, Keith)
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Filing 762
ORDER granting #761 Motion for Extension of Time to Answer Third-Party Complaint - The North Carolina Granite Corporation's answer due 2/6/2012. Signed by District Judge Louise Wood Flanagan on 12/23/2011. (Baker, C.)
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Motion Submitted to District Judge Louise Wood Flanagan - #761 MOTION for Extension of Time to File Answer re #633 Third Party Complaint. (Baker, C.)
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NOTICE OF DEFICIENCY - Failure to File Financial Disclosure Statement as to City of Winston-Salem, North Carolina. Pursuant to Fed. R. Civ. P. 7.1 and Local Civil Rule 7.3, all parties must file a corporate affiliate/financial interest disclosure statement. A negative statement is required if a party has no disclosures to make. The disclosure statement must be on a form provided by the clerk. This form is available at the clerk's office and on the court's website. (Baker, C.)
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SECOND NOTICE TO COUNSEL re: #681 Notice of Appearance and #682 Financial Disclosure Statement - Counsel is reminded, pursuant to the original clerk's notice issued 12/13/11, that these documents must also be filed in Case Number 5:08-cv-463-FL if counsel is appearing in both matters on behalf of defendant Barnes & Powell Electrical Company, Inc. (Baker, C.)
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Motion Submitted to District Judge Louise Wood Flanagan - #765 MOTION for Extension of Time to File Answer. (Baker, C.)
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Filing 761
MOTION for Extension of Time to File Answer re #633 Third Party Complaint by The North Carolina Granite Corporation. (Attachments: #1 Text of Proposed Order) (Southerland, Jeffrey)
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Filing 760
ORDER granting #759 Motion for Extension of Time to Answer Third-Party Complaint - SHO-ME Power Electric Cooperative's answer due 2/6/2012. Signed by District Judge Louise Wood Flanagan on 12/22/2011. (Baker, C.)
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Filing 759
MOTION for Extension of Time to File Answer re #633 Third Party Complaint by SHO-ME Power Electric Cooperative. (Attachments: #1 Text of Proposed Order) (Terpening, William)
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Motion Submitted to District Judge Louise Wood Flanagan - #759 MOTION for Extension of Time to File Answer re #633 Third Party Complaint. (Baker, C.)
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Filing 758
ORDER granting #754 Motion for Extension of Time to Answer Third-Party Complaint - Riley Power Inc.'s answer due 2/6/2012. Signed by District Judge Louise Wood Flanagan on 12/21/2011. (Baker, C.)
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Filing 757
Notice of Substitution of Counsel by Jason E. Yearout on behalf of Guernsey-Muskingum Electric Cooperative Inc. substituting for Gregory R. Flax (Yearout, Jason)
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Filing 756
STIPULATION of Dismissal Without Prejudice of Defendant Lockwood's Electric Motor Service, Inc. by Carolina Power & Light Company. (Belk, Caroline)
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Filing 755
NOTICE of Appearance by Susan K. Spurgeon on behalf of Tallahassee Memorial Healthcare, Inc. (Spurgeon, Susan)
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Filing 754
MOTION for Extension of Time to File Answer re #633 Third Party Complaint by Riley Power Inc. (Attachments: #1 Text of Proposed Order) (Friesen, Bradley)
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Motion Submitted to District Judge Louise Wood Flanagan - #754 MOTION for Extension of Time to File Answer re #633 Third Party Complaint. (Baker, C.)
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Filing 753
ORDER granting #751 Motion for Extension of Time to Answer Third-Party Compalint - Melinz Rebar, Inc.'s answer due 2/6/2012. Signed by District Judge Louise Wood Flanagan on 12/20/2011. (Baker, C.)
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Filing 752
FINANCIAL DISCLOSURE STATEMENT by Saint Augustine's College. (Watson, Stacie)
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Filing 751
MOTION for Extension of Time to File Answer re #633 Third Party Complaint by Melinz Rebar, Inc. (Attachments: #1 Text of Proposed Order) (Langdon, J.)
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Filing 750
ORDER granting #749 Motion for Extension of Time to Answer Third-Party Complaint - Tallahassee Memorial Healthcare, Inc.'s answer due 2/6/2012. Signed by District Judge Louise Wood Flanagan on 12/20/2011. (Baker, C.)
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Filing 749
MOTION for Extension of Time to File Answer or Otherwise Respond by Tallahassee Memorial Healthcare, Inc. (Attachments: #1 Text of Proposed Order) (Sevilla, Garrick)
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Motion Submitted to District Judge Louise Wood Flanagan - #751 MOTION for Extension of Time to File Answer re #633 Third Party Complaint. (Baker, C.)
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NOTICE TO COUNSEL re #726 Notice of Appearance - Counsel is reminded that this documents must also be filed in Case Number 5:08-cv-463-FL if counsel is appearing in both matters on behalf of defendant City of Winston Salem, North Carolina. Further, pursuant to Fed. R. Civ. P. 7.1 and Local Civil Rule 7.3, all parties must file a corporate affiliate/financial interest disclosure statement. A negative statement is required if a party has no disclosures to make. The disclosure statement must be on a form provided by the clerk. This form is available at the clerk's office and on the court's website. (Baker, C.)
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Motion Submitted to District Judge Louise Wood Flanagan - #749 MOTION for Extension of Time to File Answer or Otherwise Respond. (Baker, C.)
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Filing 748
FINANCIAL DISCLOSURE STATEMENT by The National Lime and Stone Company. (Hartley, Joan)
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Filing 747
NOTICE of Appearance by Joan Wash Hartley on behalf of The National Lime and Stone Company (Hartley, Joan)
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Filing 746
STIPULATION of Dismissal as to Bonner Electric, Inc. by Carolina Power & Light Company. (Belk, Caroline) Modified on 12/19/2011 to clarify docket entry text. (Baker, C.)
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Filing 745
FINANCIAL DISCLOSURE STATEMENT by Truland Corporation. (Watts, Alissa)
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Filing 744
NOTICE of Appearance by Alissa A. Watts on behalf of Truland Corporation (Watts, Alissa)
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Filing 743
WITHDRAWAL of Motion by Carolina Power & Light Company. re #703 MOTION for Discovery / Motion and Memorandum in Support for Leave to Serve Discovery and to Designate Deposition Venue filed by Carolina Power & Light Company . (Smith, Christopher)
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Filing 742
ORDER granting #734 Motion for Extension of Time to Answer Third-Party Complaint - Emma L. Bixby Medical Center's answer due 2/6/2012. Signed by District Judge Louise Wood Flanagan on 12/16/2011. (Baker, C.)
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Filing 741
FINANCIAL DISCLOSURE STATEMENT by Georgia-Pacific, LLC identifying Corporate Parent Koch Industries, Inc. for Georgia-Pacific, LLC. (Fedder, Jane)
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Filing 740
NOTICE of Appearance by Jane E. Fedder on behalf of Georgia-Pacific, LLC (Fedder, Jane)
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Filing 739
Memorandum in Opposition re #703 MOTION for Discovery / Motion and Memorandum in Support for Leave to Serve Discovery and to Designate Deposition Venue filed by Broad River Electric Cooperative, Inc.. (Attachments: #1 Exhibit 1- 11/17/11 Email re deposition scheduling, #2 Exhibit 2 - 12/09/11 Email re Defendants Interrogatories and document requests served on 11/17/2011, #3 Exhibit 3 - 12/13/11 Email re Defendants Interrogatories and document requests served on 11/17/2011, #4 Exhibit 4 - Amended Dislcosure of Non-retained Expert Richard Westover, #5 Exhibit 5 - Notice of Deposition of Richard Westover) (Fedder, Jane)
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Filing 738
RESPONSE in Opposition re #666 MOTION to Amend/Correct #629 Order on Motion for Protective Order - /Motion to Modify Order filed by Georgia Power Company. (Reinhardt, Daniel)
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Filing 737
NOTICE of Appearance by Charles T. Francis on behalf of Saint Augustine's College (Francis, Charles)
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Filing 736
NOTICE of Appearance by Stacie Saunders Watson on behalf of Saint Augustine's College (Watson, Stacie)
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Filing 735
Proposed Order re #734 MOTION for Extension of Time to File Answer filed by Emma L. Bixby Medical Center. (Brown, Gregory)
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Filing 734
MOTION for Extension of Time to File Answer by Emma L. Bixby Medical Center. (Brown, Gregory)
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NOTICE TO COUNSEL re: #708 Notice of Appearance and #710 Financial Disclosure Statement - Counsel is reminded that these documents must also be filed in Case Number 5:08-cv-463-FL if counsel is appearing in both matters on behalf of defendant SHO-ME Power Electric Cooperative. (Baker, C.)
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Filing 733
NOTICE of Appearance by Garrick Alcarez Sevilla on behalf of Tallahassee Memorial Healthcare, Inc. (Sevilla, Garrick)
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Filing 732
NOTICE of Appearance by Garrick Alcarez Sevilla on behalf of The Rouse Company, LLC (Sevilla, Garrick)
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Filing 731
FINANCIAL DISCLOSURE STATEMENT by Ohio Valley Medical Center, Incorporated (Buckner, Andrew)
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Filing 730
NOTICE of Appearance by Michael John Byrne on behalf of Delaware Electric Cooperative, Inc. (Byrne, Michael)
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NOTICE OF DEFICIENCY re: #716 Notice of Appearance as to defendant Delaware Electric Cooperative - Counsel has attached an incorrect document to this entry. Counsel is directed to refile this item. (Baker, C.)
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Filing 729
FINANCIAL DISCLOSURE STATEMENT by Tallahassee Memorial Healthcare, Inc. Associated Cases: 5:08-cv-00460-FL, 5:08-cv-00463-FL (Vick, Brian)
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Filing 728
NOTICE of Appearance by Brian C. Vick on behalf of Tallahassee Memorial Healthcare, Inc. (Vick, Brian)
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Filing 727
FINANCIAL DISCLOSURE STATEMENT by Mass. Electric Construction Co. identifying Corporate Parent Kiewit Infrastructure Co., Corporate Parent Kiewit Corporation, Corporate Parent Peter Kiewit Sons', Inc. for Mass. Electric Construction Co. (Riemann, Neil)
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Filing 726
NOTICE of Appearance by Anthony J. Baker on behalf of City of Winston-Salem, North Carolina (Baker, Anthony)
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Filing 725
NOTICE of Appearance by Neil A. Riemann on behalf of Mass. Electric Construction Co. (Riemann, Neil)
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Filing 724
FINANCIAL DISCLOSURE STATEMENT by The Rouse Company, LLC identifying Corporate Parent GGP Limited Partnership, Corporate Parent GGP Limited Partnership II, Corporate Parent GGP, Inc., Corporate Parent GGP Real Estate Holding II, Inc., Corporate Parent GGP Real Estate Holding I, Inc., Corporate Parent General Growth Properties, Inc. for The Rouse Company, LLC. Associated Cases: 5:08-cv-00460-FL, 5:08-cv-00463-FL (Vick, Brian)
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Filing 723
FINANCIAL DISCLOSURE STATEMENT by Melinz Rebar, Inc. (Langdon, J.)
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Filing 722
NOTICE of Appearance by J. Mark Langdon and William W. Silverman on behalf of Melinz Rebar, Inc., Melinz-Rebar, Inc. (Langdon, J.)
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Filing 721
NOTICE of Appearance by Brian C. Vick on behalf of The Rouse Company, LLC (Vick, Brian)
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Filing 720
FINANCIAL DISCLOSURE STATEMENT by Seabrook Enterprises, Inc. Associated Cases: 5:08-cv-00463-FL, 5:08-cv-00460-FL (Byrne, Michael)
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Filing 719
FINANCIAL DISCLOSURE STATEMENT by Delaware Electric Cooperative, Inc. Associated Cases: 5:08-cv-00463-FL, 5:08-cv-00460-FL (Byrne, Michael)
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Filing 718
FINANCIAL DISCLOSURE STATEMENT by National Railroad Passenger Corporation. (Risinger, Bradley)
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Filing 717
NOTICE of Appearance by Michael John Byrne on behalf of Seabrook Enterprises, Inc. (Byrne, Michael)
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Filing 716
*DOCUMENT CORRECTED AND REFILED AT DOCKET ENTRY #730 * - NOTICE of Appearance by Michael John Byrne on behalf of Delaware Electric Cooperative, Inc. (Byrne, Michael) Modified on 12/15/2011 to insert refiling information. (Baker, C.)
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Filing 715
NOTICE of Appearance by Andrew C. Buckner on behalf of Ohio Valley Medical Center, Incorporated (Buckner, Andrew)
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Filing 714
NOTICE of Appearance by Dan Johnson McLamb on behalf of Ohio Valley Medical Center, Incorporated (McLamb, Dan)
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Filing 713
FINANCIAL DISCLOSURE STATEMENT by Trinity Industires, Inc. identifying Corporate Parent Trinity Industires, Inc. for Trinity Industires, Inc. (Albergotti, Robert)
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Filing 712
NOTICE of Appearance by Robert Dew Albergotti on behalf of Trinity Industires, Inc. (Albergotti, Robert)
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Filing 711
*DISREGARD - DUPLICATE FILING OF #709 - FINANCIAL DISCLOSURE STATEMENT by E. Luke Greene Company, Inc. Associated Cases: 5:08-cv-00463-FL et al. (Johnson, Russell) Modified on 12/15/2011. (Baker, C.)
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Filing 710
FINANCIAL DISCLOSURE STATEMENT by SHO-ME Power Electric Cooperative. (Terpening, William)
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Filing 709
FINANCIAL DISCLOSURE STATEMENT by E. Luke Greene Company, Inc. Associated Cases: 5:08-cv-00460-FL et al. (Johnson, Russell)
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Filing 708
NOTICE of Appearance by William R. Terpening on behalf of SHO-ME Power Electric Cooperative (Terpening, William)
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Filing 707
NOTICE of Appearance by Russell W. Johnson on behalf of E. Luke Greene Company, Inc. (Johnson, Russell)
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Filing 706
FINANCIAL DISCLOSURE STATEMENT by Riley Power Inc. identifying Corporate Parent Vogt-NEM, Inc., Corporate Parent Babcock Power Capital Corporation, Corporate Parent BBCC Holding Co., Inc., Corporate Parent Babcock Power Inc. for Riley Power Inc. (Nielsen, Donald)
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Filing 705
NOTICE of Appearance by Bradley Craig Friesen on behalf of Riley Power Inc. (Friesen, Bradley)
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Filing 704
NOTICE of Appearance by Donald M. Nielsen on behalf of Riley Power Inc. (Nielsen, Donald)
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Filing 703
MOTION for Discovery / Motion and Memorandum in Support for Leave to Serve Discovery and to Designate Deposition Venue by Carolina Power & Light Company. (Attachments: #1 Exhibit A-Defendants' Joint Expert Disclosure, #2 Exhibit B-Disclosure of Non-Retained Expert Richard Westover, #3 Exhibit C-Amended Disclosure of Non-Retained Expert Richard Westover, #4 Exhibit D-Email Exchange Between Counsel for Plaintiffs and Defendants, #5 Exhibit E-In Re Yasmin and Yaz, #6 Text of Proposed Order) (Smith, Christopher)
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Filing 702
FINANCIAL DISCLOSURE STATEMENT by CEMEX Construction Materials FL, LLC identifying Corporate Parent CEMEX Materials, LLC, Corporate Parent CEMEX, Inc. for CEMEX Construction Materials FL, LLC. (Risinger, Bradley)
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Filing 701
NOTICE of Appearance by Bradley M. Risinger on behalf of CEMEX Construction Materials FL, LLC (Risinger, Bradley)
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Filing 700
NOTICE of Appearance by Bradley M. Risinger on behalf of National Railroad Passenger Corporation (Risinger, Bradley)
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Filing 699
FINANCIAL DISCLOSURE STATEMENT by DACCO Incorporated identifying Corporate Parent ETX, Inc., Corporate Parent ETX Holdings, Inc. for DACCO Incorporated. (Risinger, Bradley)
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Filing 698
NOTICE of Appearance by Bradley M. Risinger on behalf of DACCO Incorporated (Risinger, Bradley)
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Filing 697
FINANCIAL DISCLOSURE STATEMENT by Bay Mechanical & Electrical Corporation (Savidge, Keith)
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Filing 696
FINANCIAL DISCLOSURE STATEMENT by Woodstream Corporation identifying Corporate Parent Woodstream Holdings, Inc., Corporate Parent Woodstream Group, Inc. for Woodstream Corporation. (Risinger, Bradley)
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Filing 695
NOTICE of Appearance by Bradley M. Risinger on behalf of Woodstream Corporation (Risinger, Bradley)
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Filing 694
NOTICE of Appearance by Keith A. Savidge on behalf of Bay Mechanical & Electrical Corporation (Savidge, Keith)
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Filing 693
ANSWER to Third Party Complaint by St. John's College. (DeGeorge, R.)
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Filing 692
NOTICE of Appearance by Benjamin Freedman Sidbury on behalf of UPS Ground Freight, Inc. (Sidbury, Benjamin)
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Filing 691
NOTICE of Appearance for non-district by Douglas S. Arnold on behalf of UPS Ground Freight, Inc. (Arnold, Douglas)
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Filing 690
NOTICE of Appearance for non-district by Meaghan G Boyd on behalf of UPS Ground Freight, Inc. (Boyd, Meaghan)
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NOTICE TO COUNSEL re: #681 Notice of Appearance and #682 Financial Disclosure Statement - Counsel is reminded that these documents must also be filed in Case Number 5:08-cv-463-FL if counsel is appearing in both matters on behalf of defendant Barnes & Powell Electrical Company, Inc. (Baker, C.)
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TEXT ORDER denying as moot #649 Motion for Protective Order - Entered by District Judge Louise Wood Flanagan on 12/13/2011 (pursuant to #659 ORDER). (Baker, C.)
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Filing 689
*DISREGARD - DUPLICATE FILING OF DOCKET ENTRY #688 * - FINANCIAL DISCLOSURE STATEMENT by The North Carolina Granite Corporation. Associated Cases: 5:08-cv-00463-FL, 5:08-cv-00460-FL (Jacobson, Denis) Modified on 12/13/2011. (Baker, C.)
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Filing 688
FINANCIAL DISCLOSURE STATEMENT by The North Carolina Granite Corporation. Associated Cases: 5:08-cv-00460-FL, 5:08-cv-00463-FL (Jacobson, Denis)
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Filing 687
FINANCIAL DISCLOSURE STATEMENT by UPS Ground Freight, Inc. identifying Corporate Parent United Parcel Service, Inc., Corporate Parent United Parcel Service of America, Inc. for UPS Ground Freight, Inc. (Babcock, Sarah)
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Filing 686
NOTICE of Appearance for non-district by Sarah T. Babcock on behalf of UPS Ground Freight, Inc. (Babcock, Sarah)
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Filing 685
NOTICE of Appearance for non-district by William T. Lavender, Jr on behalf of Robert Bosch LLC (Lavender, William)
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Filing 684
FINANCIAL DISCLOSURE STATEMENT by Robert Bosch LLC. (Hartley, Joan)
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Filing 683
NOTICE of Appearance by Joan Wash Hartley on behalf of Robert Bosch LLC (Hartley, Joan)
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Filing 682
FINANCIAL DISCLOSURE STATEMENT by Barnes & Powell Elecrical Company, Inc. (Smith, M.)
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Filing 681
NOTICE of Appearance by M. Riana Smith on behalf of Barnes & Powell Elecrical Company, Inc. (Smith, M.)
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Filing 680
ORDER regarding discovery dispute, as related by Christopher G. Smith on behalf of plaintiffs, of or relating to (1) the venue for three expert witness depositions and (2) plaintiffs' requests for documents provided by any defendant to Richard Westover, whom Mr. Smith identifies as a non-retained expert on behalf of all defendants - Where Mr. Smith indicated that plaintiffs have prepared a motion addressing the discovery dispute, the court directs plaintiffs to file said motion and supporting memorandum by the close of business Tuesday, December 13, 2011. Responses by any defendant are due December 21, 2011. Signed by District Judge Louise Wood Flanagan on 12/12/2011. (Baker, C.)
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Filing 679
WAIVER OF SERVICE Returned Executed by PCS Phosphate Company, Inc. (Story, Jane)
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Filing 678
FINANCIAL DISCLOSURE STATEMENT by Southern Alloy Corporation. (Mitchell, Charlotte)
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Filing 677
NOTICE of Appearance by Charlotte Anne Mitchell on behalf of Southern Alloy Corporation (Mitchell, Charlotte)
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Filing 676
NOTICE of Appearance by Jeffrey Scott Southerland on behalf of The North Carolina Granite Corporation (Southerland, Jeffrey)
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Filing 675
NOTICE of Appearance by Denis E. Jacobson on behalf of The North Carolina Granite Corporation (Jacobson, Denis)
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Filing 674
FINANCIAL DISCLOSURE STATEMENT by PPL Electric Utilities Corporation. (Bailey, Katie)
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Filing 673
FINANCIAL DISCLOSURE STATEMENT by Emma L. Bixby Medical Center. Associated Cases: 5:08-cv-00460-FL et al. (Brown, Gregory)
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Filing 672
FINANCIAL DISCLOSURE STATEMENT by Thomasville Furniture Industries, Inc. (Mitchell, Charlotte)
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Filing 671
NOTICE of Appearance by Charlotte Anne Mitchell on behalf of Thomasville Furniture Industries, Inc. (Mitchell, Charlotte)
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Filing 670
ORDER re #666 MOTION to Amend/Correct #629 Order on Motion for Protective Order - Expedited resolution of this motion is appropriate. Response to this motion shall be filed no later than 12/18/2011. No opportunity for reply is accorded. Signed by District Judge Louise Wood Flanagan on 12/08/2011. (Baker, C.)
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Filing 669
NOTICE of Appearance by Gregory Wenzl Brown on behalf of Emma L. Bixby Medical Center (Brown, Gregory)
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NOTICE TO COUNSEL re: #669 Notice of Appearance - Counsel is reminded that this document must also be filed in Case Number 5:08-cv-463-FL if counsel is appearing in both matters on behalf of defendant Emma L. Bixby Medical Center. (Baker, C.)
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Filing 668
FINANCIAL DISCLOSURE STATEMENT by St. John's College (DeGeorge, R.)
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Filing 667
Memorandum in Support re #666 MOTION to Amend/Correct #629 Order on Motion for Protective Order - /Motion to Modify Order filed by Carolina Power & Light Company. (Smith, Christopher)
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Filing 666
MOTION to Amend/Correct #629 Order on Motion for Protective Order - /Motion to Modify Order by Carolina Power & Light Company. (Attachments: #1 Text of Proposed Order) (Smith, Christopher)
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NOTICE TO COUNSEL re: #665 Financial Disclosure Statement and #664 Notice of Appearance - Counsel is reminded that these documents must also be filed in Case Number 5:08-cv-463-FL. (Baker, C.)
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Filing 665
FINANCIAL DISCLOSURE STATEMENT by Batesville Casket Company identifying Corporate Parent Batesville Services, Inc., Corporate Parent Hillenbrand, Inc. for Batesville Casket Company. (Mullican, Valerie)
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Filing 664
NOTICE of Appearance by Valerie B. Mullican on behalf of Batesville Casket Company (Mullican, Valerie)
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Filing 663
NOTICE by Atlantic City Electric Company, Blue Ridge Electric Cooperative, Inc., Broad River Electric Cooperative, Inc., Cargill, Incorporated, Consumers Energy Company, Danny Corporation, Delmarva Power & Light Company, Dixon Lumber Company, Inc., Electric Control Equipment Co., Florida Power & Light Company, GKN Driveline North American, Inc., General Electric Company, Gladieux Trading & Marketing Co., LP, and/or Limited Corporation, Glenwood Resolution Authority, Inc., LWB Refractories Company, Occidental Chemical Corporation, Pharmacia Corporation, Potomac Electric Power Company, Sonoco Products Company, Southland Electrical Supply, Inc., St. Joseph Medical Center, Inc., Tri-State Armature & Electrical Works, Inc., Unimin Corporation, United Technologies Corporation, Washington Suburban Sanitary Commission re #651 Order - Certain Defendants' Notice of Resolved Discovery Dispute (Dewberry, Uyless)
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Filing 662
NOTICE of Appearance by R. Steven DeGeorge on behalf of St. John's College (DeGeorge, R.)
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Filing 661
AFFIDAVIT of Service for Summons, Third-Party Complaint, Scheduling Order, Plaintiffs' Objections to Test Case Program and Schedule and 2010 Case Management Order served on Emma L. Bixby Medical Center, Gencorp Inc., Parker-Hannifin Corporation, Riley Power Inc., The National Lime & Stone Company, Timken US LLC and Woodstream Corporation on November 23, 2011, filed by PCS Phosphate Company, Inc. (Attachments: #1 Exhibit A. Emma L. Bixby Medical Center, #2 Exhibit B. GenCorp Inc., #3 Exhibit C. Parker-Hannafin Corporation, #4 Exhibit D. Riley Power Inc., #5 Exhibit E. The National Lime & Stone Company, #6 Exhibit F. Timken US LLC, #7 Exhibit G. Wooodstream Corporation) (Shipley, Curtis)
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Filing 660
ORDER denying #622 Motion for Leave to File Sur-Reply to #589 Motion for Partial Summary Judgment on De Micromis Grounds and Memorandum in Support - Signed by District Judge Louise Wood Flanagan on 12/02/2011. (Baker, C.)
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Filing 659
ORDER re #649 MOTION for Protective Order filed by West Penn Power Company and Monongahela Power Company - This matter comes before the court upon motion of defendants West Penn Power Company and Monogahela Power Company for protective order regarding the timing of depositions (DE # 649). Where the court recently entered stay of general discovery, movant has ten days from date of entry of this order to show continued necessity for decision by the court on the instant motion, as presumably this discovery is not now being sought. If ten days elapses with nothing further being heard in response to this order, the clerk of court shall without further direction mark this motion DENIED as MOOT. The clerk is DIRECTED to docket this order in both cases. Signed by District Judge Louise Wood Flanagan on 12/02/2011. (Baker, C.)
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Filing 658
ORDER granting #650 Motion to Withdraw as Attorney - The Court permits Kevin D. Margolis, Gregory J. Lucht and the law firm of Benesch, Friedlander, Coplan & Aronoff LLP to withdraw as counsel of record for Defendant Green Circle Growers, Inc. Signed by District Judge Louise Wood Flanagan on 12/02/2011. (Baker, C.)
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Filing 657
AFFIDAVIT re #633 Third Party Complaint, Service of Summons by PCS Phosphate Company, Inc. (Attachments: #1 Exhibit A - Fabri-Kal Corporation) (Story, Jane)
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Filing 656
AFFIDAVIT re #633 Third Party Complaint, Service of Summonses by PCS Phosphate Company, Inc.. (Attachments: #1 Exhibit A - National RR Passenger Corp., #2 Exhibit B - Babson College, #3 Exhibit C - Barnes & Powell Electrical Co., Inc., #4 Exhibit D - Batesville Casket Co., Inc., #5 Exhibit E - Bay Mechanical & Electrical Corp., #6 Exhibit F - Robert Bosch LLC, #7 Exhibit G - CEMEX Corp., #8 Exhibit H - City of Winston-Salem, NC, #9 Exhibit I - DACCO Inc., #10 Exhibit J - Delaware Electric Cooperative, Inc., #11 Exhibit K - E. Luke Greene Co., Inc., #12 Exhibit L - Henkels & McCoy, Inc., #13 Exhibit M - J. C. Blair Memorial Hospital, #14 Exhibit N - Davis. Jerry Inc., #15 Exhibit O - Kerr-McGee Corp., #16 Exhibit P - Magnetic Metals Corp., #17 Exhibit Q - Mass. Electric Construction Co., #18 Exhibit R - Melinz-Rebar, Inc., #19 Exhibit S - The NC Granite Corp., #20 Exhibit T - Novartis Corp., #21 Exhibit U - Ohio Valley Medical Center, Inc., #22 Exhibit V - The Rouse Co. LLC, #23 Exhibit W - Seabrook Enterprises, Inc., #24 Exhibit X - Sho-Me Power Electric Cooperative, #25 Exhibit Y - Southern Alloy Corp., #26 Exhibit Z - Saint Augustine's College, #27 Exhibit AA - St. John's College, #28 Exhibit BB - Tallahassee Memorial Healthcare, Inc., #29 Exhibit CC - Thomasville Furniture Industries, #30 Exhibit DD - Trinity Industries, Inc., #31 Exhibit EE - Truland Corp., #32 Exhibit FF - UPS Ground Freight, Inc.) (Story, Jane)
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Filing 655
STIPULATION of Dismissal with Prejudice as to Defendant Environmental Protection Services, Inc. by Carolina Power & Light Company. (Belk, Caroline)
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Filing 654
Summons Issued as to FABRI-KAL Corporation. (Baker, C.)
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Filing 653
NOTICE by PCS Phosphate Company, Inc. re #633 Third Party Complaint - Proposed Summons (Story, Jane)
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Filing 652
Notice of Substitution of Counsel by Christopher S. Battles on behalf of Green Circle Growers, Inc. substituting for Steven K. McCallister (Battles, Christopher)
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Filing 651
ORDER - This court, having concluded that a stay of discovery is an effective and efficient means of managing these cases, amends its order entered November 14, 2011, at section B.1., now to provide for a stay of unrelated discovery pending decision on motions of or concerning liability of the "test case defendants", by January 15, 2012. Except as herein amended, the court's prior order remains in force and effect. Signed by District Judge Louise Wood Flanagan on 11/28/2011. (Baker, C.)
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Filing 650
MOTION to Withdraw as Attorney by Green Circle Growers, Inc. (Attachments: #1 Text of Proposed Order) (Lucht, Gregory)
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Filing 649
MOTION for Protective Order by Monongahela Power Company, West Penn Power Company. (Attachments: #1 Ex. A-Notice of Deposition to West Penn, #2 Ex. B-Notice of Deposition to Monongahela, #3 Ex. C-Degeorge email of 11/28/11, #4 Ex. D-Darragh email of 11/29/11) (DeGeorge, R.)
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Filing 648
NOTICE by Imerys Carbonates, LLC, North Georgia Electric Membership Corporation, Northrop Grumman Shipbuilding, Inc., Tennessee Electro Minerals, Inc., Union Carbide Corporation, Vulcan Construction Materials, Limited Partnership re #645 Response - Notice of Joinder in Objection of Certain Defendants to Schedule and Response to Plaintiffs' Objection (Babcock, Sarah)
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Filing 647
NOTICE by Alcoa Inc., Tredegar Film Products Corporation re #645 Response - Notice of Adoption of Objection of Certain Defendants to Schedule and Response to Plaintiffs' Objection by Aloca, Inc. and Tredegar Film Products Corporation (Fairbanks, R.)
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Filing 646
NOTICE by Electric Equipment Corporation of Virginia re #625 Order on Motion for Leave to File - Notice of Objection to Plaintiffs' Categorization of Alleged Transactions (Erteschik, Andrew)
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Filing 645
RESPONSE re #625 Order on Motion for Leave to File Third-Party Complaint filed by Appalachian Power Company, Arkema, Inc., BASF Corporation, Cape Hatteras Electric Membership Corporation, Caterpillar Inc., Chemical Products Corporation, Christus Health, ConocoPhillips Company, Cooper Tire & Rubber Company, Domtar Paper Company, LLC, Duke Energy Carolinas, LLC, Duquesne Light Company, East Kentucky Power Cooperative, Inc., Electric Equipment Corporation of Virginia, Erachem Comilog, Inc., Furman University, G&S Motor Equipment Company, Inc., General Electric Company, General Extrusions, Inc., Guernsey-Muskingum Electric Cooperative Inc., Haines and Kibblehouse, Inc., International Paper Company, Intertape Polymer Group, Inc., Jessop Steel, LLC, Jet Electric Motor Co., Inc., Kingsport Power Company, LaFarge Mid-Atlantic, LLC and/or Lafarge Mid-Atlantic, Inc. as successor-in-interest to or Redland Genstar, Inc. and Genstar Stone Products, Inc., Alcan Primary Products Corporation, Midamerican Energy Company, Norfolk Southern Railway Company, PPL Electric Utilities Corporation, Sara Lee Corporation, South Central Power Company, Sumter Electric Cooperative, Inc., Union Electric Company, Virginia Electric and Power Company (VEPCO). (Deak, D.)
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Filing 644
NOTICE of Appearance by Andrew H. Erteschik on behalf of General Electric Company (Erteschik, Andrew)
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Filing 643
NOTICE by Sara Lee Corporation Of Objection to Plaintiffs' Categorization of Alleged Transactions (Olson, Kurt)
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Filing 642
NOTICE of Appearance for non-district by Amanda M. Knapp on behalf of Green Circle Growers, Inc. (Knapp, Amanda)
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Filing 641
NOTICE of Appearance for non-district by Robert B. Casarona on behalf of Green Circle Growers, Inc. (Casarona, Robert)
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Filing 640
NOTICE of Appearance for non-district by Laurie J. Sands on behalf of G&S Motor Equipment Company, Inc. (Sands, Laurie)
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Filing 639
NOTICE of Appearance by Laurie J. Sands on behalf of G&S Motor Equipment Company, Inc. (Sands, Laurie)
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Filing 638
Summons Issued as to Georgia-Pacific, LLC. Counsel should print summons to effect service. (Tripp, S.)
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Filing 637
Summonses Issued as to Emma L. Bixby Medical Center, Gencorp, Inc., Parker-Hannifin Corporation, Riley Power Inc., The National Lime and Stone Company, Timken US LLC, and Woodstream Corporation. Counsel should print summonses to effect service. (Tripp, S.)
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Filing 636
Summonses Issued as to Babson College, Barnes & Powell Elecrical Company, Inc., Batesville Casket Company, Bay Mechanical & Electrical Corporation, CEMEX Construction Materials FL, LLC, City of Winston-Salem, North Carolina, DACCO Incorporated, Davis. Jerry Inc., Delaware Electric Cooperative, Inc., E. Luke Greene Company, Inc., FABRI-KAL Corporation, Henkels & McCoy, Inc., J. C. Blair Memorial Hospital, Kerr-McGee Corporation, Magnetic Metals Corporation, Mass. Electric Construction Co., Melinz-Rebar, Inc., National Railroad Passenger Corporation, Novartis Corporation, Ohio Valley Medical Center, Incorporated, Robert Bosch LLC, SHO-ME Power Electric Cooperative, Saint Augustine's College, Seabrook Enterprises, Inc., Southern Alloy Corporation, St. John's College, Tallahassee Memorial Healthcare, Inc., The North Carolina Granite Corporation, The Rouse Company, LLC, Thomasville Furniture Industries, Inc., Trinity Industires, Inc., Truland Corporation, UPS Ground Freight, Inc., and Villanova University in the State of Pennsylvania. Counsel should print summonses to effect service. (Tripp, S.)
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Motion Submitted to District Judge Louise Wood Flanagan - #622 MOTION for Leave to File Sur-Reply to Motion for Partial Summary Judgment on De Micromis Grounds and Memorandum in Support. (Baker, C.)
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Filing 635
SECOND ADDITIONAL THIRD PARTY COMPLAINT against Georgia-Pacific LLC filed by PCS Phosphate Company, Inc. (Attachments: #1 Exhibit A - Consolidated and Third Amended Complaint, #2 Summons to Georgia Pacific) (Meynardie, Robert) Modified on 11/22/2011 to identify exhibit. (Baker, C.) Modified on 11/22/2011 to clarify docket entry text. (Baker, C.)
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Filing 634
ADDITIONAL THIRD PARTY COMPLAINT against Emma L. Bixby Medical Center, Gencorp, Inc., Parker-Hannifin Corporation, Riley Power Inc., The National Lime and Stone Company, Timken US LLC, Woodstream Corporation, filed by PCS Phosphate Company, Inc. (Attachments: #1 Exhibit A. Underlying Complaint, #2 Summons to Emma L. Bixby Medical Center, #3 Summons to Gencorp, Inc., #4 Summons to The National Lime and Stone Company, #5 Summons to Parker-Hannifin Corporation, #6 Summons to Riley Power Inc., #7 Summons to Timken US LLC, #8 Summons to Woodstream Corporation) (Shipley, Curtis) Modified on 11/22/2011 to clarify docket entry text. (Baker, C.)
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Filing 633
THIRD PARTY COMPLAINT against Babson College, Barnes & Powell Elecrical Company, Inc., Batesville Casket Company, Bay Mechanical & Electrical Corporation, CEMEX Construction Materials FL, LLC, City of Winston-Salem, North Carolina, DACCO Incorporated, Davis. Jerry Inc., Delaware Electric Cooperative, Inc., E. Luke Greene Company, Inc., FABRI-KAL Corporation, Henkels & McCoy, Inc., J. C. Blair Memorial Hospital, Kerr-McGee Corporation, Magnetic Metals Corporation, Mass. Electric Construction Co., Melinz-Rebar, Inc., National Railroad Passenger Corporation, Novartis Corporation, Ohio Valley Medical Center, Incorporated, Robert Bosch LLC, SHO-ME Power Electric Cooperative, Saint Augustine's College, Seabrook Enterprises, Inc., Southern Alloy Corporation, St. John's College, Tallahassee Memorial Healthcare, Inc., The North Carolina Granite Corporation, The Rouse Company, LLC, Thomasville Furniture Industries, Inc., Trinity Industires, Inc., Truland Corporation, UPS Ground Freight, Inc., Villanova University in the State of Pennsylvania, filed by PCS Phosphate Company, Inc.. (Attachments: #1 Exhibit A - PEC Consolidated and 3rd Amended Complaint (Part 1 of 3), #2 Exhibit A - PEC Consolidated and 3rd Amended Complaint (Part 2 of 3), #3 Exhibit A - PEC Consolidated and 3rd Amended Complaint (Part 3 of 3), #4 Summons on a 3rd Party - Babson College, #5 Summons on a 3rd Party - Barnes & Powell Electrical Company, Inc., #6 Summons on a 3rd Party - Batesville Caseket Company, Inc., #7 Summons on a 3rd Party - Bay Mechanical & Electrical Corporation, #8 CEMEX Construction Materials FL, LLC, #9 Summons on a 3rd Party - DACCO Incorporated, #10 Summons on a 3rd Party - Davis. Jerry Inc., #11 Summons on a 3rd Party - Delaware Electric Cooperative, #12 Summons on a 3rd Party - E. Luke Greene Company, Inc., #13 Summons on a 3rd Party - FABRI-KAL Corporation, #14 Summons on a 3rd Party - Henkels & McCoy, Inc., #15 Summons on a 3rd Party - J. C. Blair Memorial Hospital, #16 Summons on a 3rd Party - Kerr-McGee Corporation, #17 Summons on a 3rd Party - Magnetic Metals Corporation, #18 Summons on a 3rd Party - Mass. Electric Construction Co., #19 Summons on a 3rd Party - Melinz-Rebar, Inc., #20 Summons on a 3rd Party - National Railroad Passenger Corporation, #21 Summons on a 3rd Party - The North Carolina Granite Corporation, #22 Summons on a 3rd Party - Novartis Corporation, #23 Summons on a 3rd Party - Ohio Valley Medical Center, Incorporated, #24 Summons on a 3rd Party - Robert Bosch LLC, #25 Summons on a 3rd Party - The Rouse Company, LLC, #26 Summons on a 3rd Party - Saint Augustine's College, #27 Summons on a 3rd Party - Seabrook Enterprises, Inc., #28 Summons on a 3rd Party - SHO-ME Power Electric Cooperative, #29 Summons on a 3rd Party - Southern Alloy Corporation, #30 Summons on a 3rd Party - St. John's College, #31 Summons on a 3rd Party - Tallahassee Memorial Healthcare, Inc., #32 Summons on a 3rd Party - Thomasville Furniture Industries, Inc., #33 Summons on a 3rd Party - Trinity Industries, Inc., #34 Summons on a 3rd Party - Truland Corporation, #35 Summons on a 3rd Party - UPS Ground Freight, Inc., #36 Summons on a 3rd Party - Villanova University in the State of Pennsylvania, #37 Summons on a 3rd Party - City of Winston-Salem, North Carolina) (Story, Jane) Modified on 11/21/2011 (Jones, J.)
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Filing 632
WITHDRAWAL of Motion by Carolina Power & Light Company. of Plaintiffs' Motion to Dismiss CERCLA 107(a)(3) Claim Against Kobe Copper Products, Inc. (Belk, Caroline)
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Filing 631
NOTICE of Appearance by Robert A. Meynardie on behalf of PCS Phosphate Company, Inc. (Meynardie, Robert)
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Filing 630
NOTICE by Carolina Power & Light Company Lists of Defendants Remaining in the Case by Transaction Category with regard to Order #625 (Attachments: #1 Exhibit A - Ward Transformer Litigation - Parties, #2 Exhibit B - Ward Transformer Litigation - Repair Parties, #3 Exhibit C - Ward Transformer Litigation - Sale Parties, #4 Exhibit D - Ward Transformer Litigation - Consignment Parties) (Belk, Caroline)
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Filing 629
ORDER granting in part and denying in part #612 Motion for Protective Order - Plaintiff is directed to timely respond to Georgia Power's fourth, fifth, and sixth document requests and third, fourth, and fifth interrogatories. Georgia Power's remaining discovery requests exceed the scope of discovery, would unduly burden Plaintiff, and would cause unnecessary delay in the progress of the case. Accordingly, Plaintiff is protected from the need to respond to Georgia Power's remaining document requests and interrogatories. Signed by District Judge Louise Wood Flanagan on 11/18/11. (Tripp, S.)
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Filing 627
ORDER denying #559 Motion to Compel - Signed by Magistrate Judge David W. Daniel on 11/16/2011. (Baker, C.)
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Filing 628
RESPONSE/OBJECTIONS to #625 Order - filed by Carolina Power & Light Company, PCS Phospate Company, Inc. (Baker, C.)
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Motion Submitted to District Judge Louise Wood Flanagan - #589 MOTION for Partial Summary Judgment on De Micromis Grounds. (Baker, C.)
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Filing 626
STIPULATION of Dismissal with Prejudice by Carolina Power & Light Company. (Belk, Caroline)
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Filing 625
ORDER granting #583 Motion for Leave to File Third-Party Complaint - The court ALLOWS defendant PCS Phosphate's motion for leave to file third-party complaint. As set forth more particularly herein, certain service and notice procedures shall be adhered to. The program of "test case defendants" is ADOPTED, subject to the limitations herein set. The schedule of the cases has been AMENDED to accommodate the program, and also to achieve the result that all Phase I discovery will be completed in advance of the filing of dispositive motions on liability. Where the court declines to stay the progress of Phase I discovery, issues in discovery as between plaintiffs and the Husch Blackwell defendants may be renewed. List shall be filed by plaintiffs, in aid to the court's record keeping, with respect to the identity and classification of defendants. Counsel should read the attached order in its entirety for additional critical deadlines and information. Signed by District Judge Louise Wood Flanagan on 11/14/2011. (Baker, C.) Modified on 11/17/2011 to correct docket entry text. (Baker, C.)
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Motions No Longer Referred to Magistrate Judge David W. Daniel - #583 MOTION for Leave to File Third-Party Complaint Pursuant to Rule 14 and #612 MOTION for Protective Order. Motions submitted to District Judge Louise Wood Flanagan. (Baker, C.)
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Filing 624
RESPONSE in Opposition re #622 MOTION for Leave to File Sur-Reply to Motion for Partial Summary Judgment on De Micromis Grounds and Memorandum in Support filed by Danny Corporation, Northrop Grumman Shipbuilding, Inc., Pharmacia Corporation, Southland Electrical Supply, Inc., Unimin Corporation. (Fedder, Jane)
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MOTION REFERRED to Magistrate Judge David W. Daniel - #583 MOTION for Leave to File Third-Party Complaint Pursuant to Rule 14. (Baker, C.)
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Filing 623
REPLY to Response to Motion re #583 MOTION for Leave to File Third-Party Complaint Pursuant to Rule 14 filed by PCS Phospate Company, Inc. (Story, Jane)
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MOTION REFERRED to Magistrate Judge David W. Daniel - #612 MOTION for Protective Order. (Baker, C.)
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Filing 622
MOTION for Leave to File Sur-Reply to #589 Motion for Partial Summary Judgment on De Micromis Grounds and Memorandum in Support by PCS Phospate Company, Inc. (Attachments: #1 Exhibit A - Plaintiffs' Proposed Sur-Reply, #2 Exhibit 1 - Unreported Case Law, #3 Exhibit 2 - Deposition Excerpts, #4 Exhibit 3 - Ginsberg Declaration, #5 Text of Proposed Order) (Story, Jane)
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Filing 621
RESPONSE in Opposition re #612 MOTION for Protective Order filed by Georgia Power Company. (Reinhardt, Daniel)
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Filing 620
ORDER granting #619 Motion for Extension of Time to File Response re #586 MOTION to Dismiss Cercla 107(a)(3) Claims Against Kobe Copper Products, Inc. - Responses due by 11/14/2011. Signed by District Judge Louise Wood Flanagan on 10/14/2011. (Baker, C.)
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Motion Submitted to District Judge Louise Wood Flanagan - #619 Consent MOTION for Extension of Time to File Response as to #586 MOTION to Dismiss Cercla 107(a)(3) Claims Against Kobe Copper Products, Inc. (Baker, C.)
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Filing 619
Consent MOTION for Extension of Time to File Response/Reply as to #586 MOTION to Dismiss Cercla 107(a)(3) Claims Against Kobe Copper Products, Inc. by Kobe Copper Products, Inc. (Attachments: #1 Memorandum in Support, #2 Text of Proposed Order, #3 Certificate of Service) (Olson, Kurt)
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Filing 618
RESPONSE to Motion re #583 MOTION for Leave to File Third-Party Complaint Pursuant to Rule 14 and pursuant to #606 ORDER filed by Johnson/Kerner Liaison Group, Sales Transaction Defendants Liaison. (Johnson, Keith)
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Filing 617
ORDER memorializing October 5, 2011 telephonic status conference - Signed by Magistrate Judge David W. Daniel on 10/06/2011. (Baker, C.)
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Filing 616
REPLY to Response to Motion re #589 MOTION for Partial Summary Judgment on De Micromis Grounds filed by Danny Corporation, Northrop Grumman Shipbuilding, Inc., Pharmacia Corporation, Southland Electrical Supply, Inc., Unimin Corporation. (Attachments: #1 Index Exhibit Index, #2 Exhibit #1 - CONSOL001904-1906, #3 Exhibit #2 - CONSOL001945-1946, #4 Exhibit #3- Caselaw: Christian v. Vought Aircraft Industries, Inc., #5 Exhibit #4 - Schiavone v. Ne. Utilities Serv. Co., #6 Exhibit #5 - Ward 1965 Article of Incorporation, #7 Exhibit #6 - 02/15/11 Deposition Excerpts of Robert Ward, III, #8 Exhibit #7 - WL0004691; EPA-WT004259, #9 Exhibit #8 - Sewell v. Wrap-On Co., Inc.) (Fedder, Jane)
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Minute Entry for proceedings held before Magistrate Judge David W. Daniel - Telephonic Status Conference held on 10/5/2011. Counsel in attendance - Clay Burns, Jane Fedder, Grady Shields, Jeffrey Wagenbach, Stan Green, Patricia Shields, Michael Ginsberg, Kurt Olson, Katie Bailey, Christopher Smith, Bruce White, William Pollock, Joan Hartley, Daniel Reinhart, Douglas Arnold, Locke Milhillind, Bradley Risinger, Bryan Brice, Joseph Williams, Carson Carmichael, Keith Johnson, Patrick Genzler, Timothy Bergere, Curtis Shipley, Ben Pfefferle, D.J. Camerson, Don Mitchell, Michael Byrne and Will Harkins. Parties' proposed agreement as to test case process and schedule addressed. The parties are to submit follow-up information requested by the court to Magistrate Judge David W. Daniel by Tuesday, October 11, 2011. (Baker, C.)
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Filing 615
NOTICE of Appearance for non-district by Sarah T. Babcock on behalf of Imerys Carbonates, LLC, North Georgia Electric Membership Corporation, Northrop Grumman Shipbuilding, Inc., Tennessee Electro Minerals, Inc., Union Carbide Corporation, Vulcan Construction Materials, Limited Partnership (Babcock, Sarah)
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Filing 614
NOTICE of Appearance for non-district by Douglas S. Arnold on behalf of Imerys Carbonates, LLC, North Georgia Electric Membership Corporation, Northrop Grumman Shipbuilding, Inc., Tennessee Electro Minerals, Inc., Union Carbide Corporation, Vulcan Construction Materials, Limited Partnership (Arnold, Douglas)
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Filing 613
Memorandum in Support re #612 MOTION for Protective Order filed by Carolina Power & Light Company. (Attachments: #1 Exhibit A (Part 1)-Administrative Settlement Agreement and Order on Consent for Removal Action, #2 Exhibit A (Part 2)-Administrative Settlement Agreement and Order on Consent for Removal Action, #3 Exhibit A (Part 3)-Administrative Settlement Agreement and Order on Consent for Removal Action, #4 Exhibit A (Part 4)-Administrative Settlement Agreement and Order on Consent for Removal Action, #5 Exhibit B-Georgia Power's First Request for Production of Documents, #6 Exhibit C-Georgia Power's First Set of Interrogatories) (Smith, Christopher)
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Filing 612
MOTION for Protective Order by Carolina Power & Light Company. (Attachments: #1 Text of Proposed Protective Order) (Smith, Christopher)
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Filing 611
ORDER denying #482 Motion to Dismiss for Lack of Jurisdiction [Federal Rules of Civil Procedure Rule 12(b)(2)] - Signed by Chief Judge Louise Wood Flanagan on 09/30/2011. (Baker, C.) Modified on 9/30/2011 to correct docket entry text. (Baker, C.)
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Filing 610
ORDER memorializing matters addressed at 09/26/2011 telephonic discovery conference - Signed by Magistrate Judge David W. Daniel on 09/29/2011. (Baker, C.)
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Filing 609
Order - The status conference presently scheduled for Wednesday, October 5, 2011 at 9:30 a.m. will be held telephonically. Refer to the attached order for dial-in conferencing information needed to participate in the call. Signed by Magistrate Judge David W. Daniel on 09/28/2011. (Baker, C.)
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Minute Entry for proceedings held before Magistrate Judge David W. Daniel - Telephonic Discovery Conference held on 9/26/2011. Present at conference - Christopher Smith (for CP&L); Daniel Darragh (for Consol); Michael Ginsberg (for PCS Phosphate); Daniel Reinhardt (for Georgia Power); and Joseph Nassif and Jane Fedder (for Husch Blackwell defendants). Issues discussed regarding two discovery disputes having arisen between the collective Plaintiffs, Georgia Power and Husch Blackwell defendants. Written order to follow. (Baker, C.)
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Filing 608
ORDER granting #597 Motion for Extension of Time to File Response re #586 MOTION to Dismiss Cercla 107(a)(3) Claims Against Kobe Copper Products, Inc. - Defendant KCPI, shall have an additional thirty (30) days in which to file its response to Plaintiffs' Motion. Signed by Chief Judge Louise Wood Flanagan on 09/26/2011. (Baker, C.)
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Filing 607
Notice of Substitution of Counsel by Dan J. Jordanger on behalf of Alcoa Inc., Tredegar Film Products Corporation substituting for John A. Sheehan (Jordanger, Dan)
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Filing 606
ORDER re #583 MOTION for Leave to File Third-Party Complaint Pursuant to Rule 14 - PCS seeks leave to file third-party complaint. In response, defendants objected that PCS had not attached a proposed third-party complaint. In reply, PCS attached "Third-Party Complaint of Defendant PCS Phosphate Company, Inc.," and "Additional Third-Party Complaint of Defendant PCS Phosphate Company, Inc." The court GRANTS Defendants twenty-one (21) days from entry of this order to respond to PCS's proposed third-party complaints. The court further GRANTS PCS fourteen (14) days from entry of Defendants' response to reply. Signed by Chief Judge Louise Wood Flanagan on 09/22/2011. (Baker, C.)
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Motion Submitted to Chief Judge Louise Wood Flanagan - #585 MEMORANDUM AND RECOMMENDATIONS re #482 MOTION to Dismiss for Lack of Jurisdiction [F.R.C.P. Rule 12(b)(2)] filed by Union Electric Company. (Baker, C.)
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Filing 605
NOTICE by Carolina Power & Light Company re #599 Memorandum in Opposition, Notice of Filing. (Belk, Caroline)
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Filing 604
NOTICE by Carolina Power & Light Company re #599 Memorandum in Opposition, Exhibits AA-CC to Plaintiffs' Memorandum in Opposition to Motion for Summary Judgment on de micromis Grounds (Attachments: #1 Exhibit AA - Excerpt of 54 FR 52716 (at 54 FR 52717-20) (Dec. 21, 1989), #2 Exhibit BB - 55 FR 21023 (May 22, 1990), #3 Exhibit CC - 147 Cong. Rec. H2348-02 (May 21, 2001)) (Belk, Caroline)
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Filing 603
NOTICE by Carolina Power & Light Company re #599 Memorandum in Opposition, Exhibits U-Z to Plaintiffs' Memorandum in Opposition to Motion for Summary Judgment on de micromis Grounds (Attachments: #1 Exhibit U - Southland transaction documents, #2 Exhibit V - Excerpt of Deposition Exhibit Number 547, #3 Exhibit W - Affidavit of Jim Griggs, #4 Exhibit X - Unimin transaction documents, #5 Exhibit Y - HR REP. 107-70(I), 2001 WL 541463 (Leg. Hist.), #6 Exhibit Z - H.R. Rep. 107 70(II), 2001 WL 541464 (Leg. Hist.)) (Belk, Caroline)
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Filing 602
NOTICE by Carolina Power & Light Company re #599 Memorandum in Opposition, Exhibits R-T to Plaintiffs' Memorandum in Opposition to Motion for Summary Judgment on De Micromis Grounds (Attachments: #1 Exhibit R - Affidavit of Paul Jones, #2 Exhibit S - 47 FR 37342 (Aug. 25, 1982), #3 Exhibit T - Pharmacia Corp. transaction documents) (Belk, Caroline)
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Filing 601
NOTICE by Carolina Power & Light Company re #599 Memorandum in Opposition, Exhibits P-Q to Plaintiffs' Memorandum in Opposition to Motion for Summary Judgment on de micromis Grounds (Attachments: #1 Exhibit P - Danny Corporation transaction documents, #2 Exhibit Q-1 - Northrop Grumman transaction documents, #3 Exhibit Q-2 - Northrop Grumman transaction documents) (Belk, Caroline)
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Filing 600
NOTICE re #599 Memorandum in Opposition by Carolina Power & Light Company, Exhibits E-O to Plaintiffs' Memorandum in Opposition to Motion for Summary Judgment on De Micromis Grounds (Attachments: #1 Exhibit E - Deposition Exhibit 38g, #2 Exhibit F - Excerpts from Deposition Transcript of Benjamin Rappelyea, #3 Exhibit G - Excerpts from Deposition Transcript of Frank Aguirre, #4 Exhibit H - Excerpts from Deposition Transcript of Ann Ostby, #5 Exhibit I - Excerpt from U.S. EPA PCBs in the United States Industrial Use and Environmental Distribution: Final Report, Feb. 25, 1976, #6 Exhibit J - Excerpt from Requests for Admissions, September 7, 2011, #7 Exhibit K - Excerpt of 63 FR 35384 (at 35403)(June 29, 1998), #8 Exhibit L - Excerpt from 2004 Remedial Investigation for Ward Site, #9 Exhibit M - Depo Exh Number 206, #10 Exhibit N - Danny Corporation: Memorandum of 2/23/81 by E. Klein for Suisaman & Blumenthal re: PCB Problem, #11 Exhibit O - 66 Fed. Reg. 17602) (Belk, Caroline)
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Filing 599
Memorandum in Opposition re #589 MOTION for Summary Judgment on De Micromis Grounds filed by Carolina Power & Light Company. (Attachments: #1 Index Exhibit List, #2 Exhibit A - Deposition Exhibit 119 (Ward Affidavit), #3 Exhibit B - How Transformers Operate, #4 Exhibit C - Excerpts from Deposition Transcript of Richard Brewer, #5 Exhibit D-1 - Deposition Exhibit Number 37a-b, #6 Exhibit D-2 - Deposition Exhibit No 37c-e) (Belk, Caroline)
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Filing 598
RESPONSE re #593 Objection to Memorandum and Recommendations regarding Union Electric Company's Motion to Dismiss filed by Carolina Power & Light Company. (Belk, Caroline)
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Motion Submitted to Chief Judge Louise Wood Flanagan - #597 Consent MOTION for Extension of Time to File Response. (Baker, C.)
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Filing 597
Consent MOTION for Extension of Time to File Response re #586 MOTION to Dismiss by Kobe Copper Products, Inc. (Attachments: #1 Memorandum in Support, #2 Text of Proposed Order, #3 Certificate of Service) (Olson, Kurt)
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Filing 596
AFFIDAVIT of Robert E. Ward, III by Carolina Power & Light Company. (Attachments: #1 Exhibit A- 12/4/07 B. Ward Document Storage Affidavit, #2 Exhibit B- 5/19/10 B. Ward Document Storage Affidavit, #3 Exhibit C- Descriptive Listing of Ward Business Records) (Smith, Christopher)
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Filing 595
Order Setting Hearing - Status Conference set for 10/5/2011 at 9:30 AM in Raleigh - 5th Floor Courtroom before Magistrate Judge David W. Daniel to resolve outstanding issues regarding case management, including ADR and other procedures for early resolution. Participation is open to all counsel, but not mandatory. Signed by Magistrate Judge David W. Daniel on 09/08/2011. (Baker, C.)
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Filing 594
Minute Entry for proceedings held before Magistrate Judge David W. Daniel: Status Conference held on 9/7/2011 in Raleigh. Counsel for both plaintiff and defendants present. Each side presents to the court the status of where the case stands. The Court gives advisement as to how the case needs to move forward. Another Status Conference to be held on Wednesday, October 5, 2011 at 9:30 a.m. in Raleigh - 5th Floor Courtroom. (Court Reporter FTR) (Bunn, A.)
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Motion Submitted to Chief Judge Louise Wood Flanagan - #583 MOTION for Leave to File Third-Party Complaint Pursuant to Rule 14. (Baker, C.)
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Filing 593
OBJECTION to #585 Memorandum and Recommendations by Union Electric Company. (Rigsby, Jesse)
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Filing 592
REPLY to Response to Motion re #583 MOTION for Leave to File Third-Party Complaint Pursuant to Rule 14 filed by PCS Phospate Company, Inc. (Attachments: #1 Exhibit 1 - Proposed Third-Party Complaint of PCS Phosphate Company, Inc., #2 Exhibit 2 - Proposed Additional Third-Party Complaint of PCS Phosphate Company, Inc.) (Shipley, Curtis)
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Filing 591
NOTICE by Johnson/Kerner Liaison Group, Sales Transaction Defendants Liaison - Defendants' Report and Proposed Topics for September 7, 2011 Status Conference. (Johnson, Keith)
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Referred the Defendant's Report and Proposed Topics for the 9/7/2011 Status Conference at #591 to US Magistrate Judge David W. Daniel pursuant to his order at docket entry #549 . (Edwards, S.)
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Filing 590
Memorandum in Support re #589 MOTION for Partial Summary Judgment on De Micromis Grounds and Statement of Undisputed Facts filed by Danny Corporation, Northrop Grumman Shipbuilding, Inc., Pharmacia Corporation, Southland Electrical Supply, Inc., Unimin Corporation. (Attachments: #1 Index of Exhibits, #2 Exhibit A - Affidavit of Eugene Klein, #3 Exhibit B - PCB Policy Memo, #4 Exhibit C - Documents re Danny Corp Serial #3439819, #5 Exhibit D - Paul Jones Affidavit, #6 Exhibit E - Inventory Card 1414, #7 Exhibit F - Pharmacia Corp Serial # E-694087, #8 Exhibit G -Pharmacia Corp Serial #13358, #9 Exhibit H - Deposition Excerpts of Frank Aguirre, #10 Exhibit I - Deposition Excerpts of Joe Richard Brewer, #11 Exhibit J - Affidavit of Jim Griggs, #12 Exhibit K -Southland Electrical Supply transactional documents, #13 Exhibit L - Unimin Corp. Serial #C762347, #14 Exhibit M - Unimin Corp Serial #H525679-67K, #15 Exhibit N - Unimin Corp. Serial # T-3159, #16 Text of Proposed Order) (Fedder, Jane)
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Filing 589
MOTION for Partial Summary Judgment on De Micromis Grounds by Danny Corporation, Northrop Grumman Shipbuilding, Inc., Pharmacia Corporation, Southland Electrical Supply, Inc., Unimin Corporation. (Fedder, Jane)
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Filing 588
RESPONSE to Motion re #583 MOTION for Leave to File Third-Party Complaint Pursuant to Rule 14 filed by Johnson/Kerner Liaison Group, Sales Transaction Defendants Liaison. (Johnson, Keith)
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Filing 587
Memorandum in Support re #586 MOTION to Dismiss Cercla 107(a)(3) Claims Against Kobe Copper Products, Inc. filed by Carolina Power & Light Company. (Belk, Caroline)
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Filing 586
MOTION to Dismiss Cercla 107(a)(3) Claims Against Kobe Copper Products, Inc. by Carolina Power & Light Company. (Attachments: #1 Text of Proposed Order) (Belk, Caroline)
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Filing 585
MEMORANDUM AND RECOMMENDATIONS re #482 MOTION to Dismiss for Lack of Jurisdiction [F.R.C.P. Rule 12(b)(2)] filed by Union Electric Company - It is hereby RECOMMENDED that Defendant Union Electric's motion to dismiss for lack of personal jurisdiction be DENIED. Objections due by 9/2/2011. Signed by Magistrate Judge David W. Daniel on 08/16/2011. (Attachments: #1 Notice) (Baker, C.)
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Filing 584
Memorandum in Support re #583 MOTION for Leave to File Third-Party Complaint Pursuant to Rule 14 filed by PCS Phospate Company, Inc. (Story, Jane)
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Filing 583
MOTION for Leave to File Third-Party Complaint Pursuant to Rule 14 by PCS Phospate Company, Inc. (Attachments: #1 Text of Proposed Order) (Story, Jane)
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Filing 582
Notice of Substitution of Counsel by Katie L. Bailey on behalf of PPL Electric Utilities Corporation substituting for P. Leigh Bausinger. (Bailey, Katie)
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Filing 581
STIPULATION of Dismissal with Prejudice of Defendant T&R Electric Supply Company, Inc. by Carolina Power & Light Company. (Belk, Caroline)
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Filing 580
NOTICE by PCS Phospate Company, Inc. (Shipley, Curtis)
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Filing 579
Order - This matter is before the Court for the purpose of scheduling a conference to further discuss potential ADR and early resolution procedures. The conference will be held on Wednesday, August 3, 2011 at 10:30 a.m. in the 5th Floor Courtroom of the Terry Sanford Federal Building in Raleigh, North Carolina. Participation is open to all counsel, but attendance is not mandatory. The parties are invited to submit proposals for discussion, which may be emailed no later than July 27, 2011 to Documents_Judge_Daniel@nced.uscourts.gov. Signed by Magistrate Judge David W. Daniel on 06/21/2011. (Baker, C.)
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Filing 578
Minute Entry for proceedings held before Magistrate Judge David W. Daniel in Raleigh, NC - Status Conference held on 6/21/2011. Issues bearing on potential for alternative dispute resolution measure and other early resolution procedures addressed. Counsel for parties to meet July 7, 2011 to continue discussions. Court sets next conference for August 3, 2011 at 10:30 a.m. Written order to follow. (Baker, C.)
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Filing 577
STIPULATION of Dismissal without Prejudice of Defendant International Power Machinery Company by Carolina Power & Light Company. (Belk, Caroline)
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MOTION REFERRED to Magistrate Judge David W. Daniel - #559 MOTION to Compel Production of Certain Un-Redacted Documents. (Baker, C.)
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Minute Entry for proceedings held before Magistrate Judge David W. Daniel - Telephonic Discovery Hearing held on 6/9/2011. Present at conference - Christopher Smith (counsel for CP&L); Michael Ginsberg and Jane Story (counsel for PCS); Julie Vanneman (counsel for Consolidation Coal); Lock Mulholland (counsel for Hudson Light and Power); and Kurt Olson and Skip Kropp (counsel for Environmental Protection Services, Inc. Issues bearing on disputes in discovery addressed. Written order to follow. (Baker, C.)
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Filing 576
ORDER memorializing conference as to discovery disputes - Counsel should review attached order in its entirety for additional critical information and deadlines. Signed by Magistrate Judge David W. Daniel on 06/09/11. (Baker, C.)
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Filing 575
REPLY to Response to Motion re #563 Joint MOTION for Discovery and Memorandum to Extend Deadlines for Disclosure of Expert Testimony, for Completion of Phase I Discovery, and for Dispositive Motions filed by Carolina Power & Light Company. (Attachments: #1 Exhibit A-Notice of Deposition of Broad River, #2 Exhibit B-Broad River's Objections to Notice of Deposition, #3 Exhibit C-Notice of Deposition of Dixon Lumber, #4 Exhibit D-Dixon Lumber's Objections to Notice of Deposition, #5 Exhibit E-Notice of Deposition of Guernsey-Muskingum, #6 Exhibit F-Notice of Deposition of Carr & Duff, #7 Exhibit G-Notice of Deposition of Appalachian Power, #8 Exhibit H-Notice of Deposition of Duquesne Light) (Smith, Christopher)
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Filing 574
ORDER granting in part #563 Motion to Extend Discovery Deadlines and granting #572 Motion for Leave to File Reply - Plaintiffs are directed to promptly file their reply, which the Court has considered in ruling on the motion to extend deadlines. The Court will extend the expert deadlines by 90 days: reports from retained experts shall be disclosed no later than September 30, 2011, and reports from rebuttal experts shall be disclosed no later than December, 30, 2011. The Court will consider further extension of the expert deadlines and extension of the discovery and dispositive motions deadlines at the September 7, 2011 status conference. Signed by Magistrate Judge David W. Daniel on 06/09/2011. (Baker, C.)
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MOTION REFERRED to Magistrate Judge David W. Daniel - #572 MOTION for Leave to File Reply to Defendants' Response in Opposition to Plaintiffs' Motion to Extend Deadlines. (Baker, C.)
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Filing 573
NOTICE of Appearance by Edward L. Kropp on behalf of Environmental Protection Services, Inc. (Kropp, Edward)
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Filing 572
MOTION for Leave to File Reply to Defendants' Response in Opposition to Plaintiffs' Motion to Extend Deadlines by Carolina Power & Light Company. (Attachments: #1 Exhibit Reply to Defendants' Response in Opposition to Plaintiffs' Motion to Extend Deadlines, #2 Exhibit A-Notice of Deposition of Broad River, #3 Exhibit B-Broad River's Objections to Notice of Deposition, #4 Exhibit C-Notice of Deposition of Dixon Lumber, #5 Exhibit D-Dixon Lumber's Objections to Notice of Deposition, #6 Exhibit E-Notice of Deposition of Guernsey-Muskingum, #7 Exhibit F-Notice of Deposition of Carr & Duff, #8 Exhibit G-Notice of Deposition of Appalachian Power, #9 Exhibit H-Notice of Deposition of Duquesne Light, #10 Text of Proposed Order) (Smith, Christopher)
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Filing 571
STATUS REPORT (Joint) by Consolidation Coal Company. Associated Cases: 5:08-cv-00463-FL, 5:08-cv-00460-FL (Darragh, Daniel)
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Motions Submitted to Chief Judge Louise Wood Flanagan - #559 MOTION to Compel and #563 MOTION to Extend Deadlines for Disclosure of Expert Testimony, for Completion of Phase I Discovery, and for Dispositive Motions. (Baker, C.)
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MOTION REFERRED to Magistrate Judge David W. Daniel - #563 MOTION to Extend Deadlines for Disclosure of Expert Testimony, for Completion of Phase I Discovery, and for Dispositive Motions. (Baker, C.)
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Filing 570
NOTICE of Appearance by Curtis J. Shipley on behalf of PCS Phospate Company, Inc. (Shipley, Curtis)
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Filing 569
Notice of Substitution of Counsel by Meaghan G Boyd on behalf of Imerys Carbonates, LLC, North Georgia Electric Membership Corporation, Northrop Grumman Shipbuilding, Inc., Tennessee Electro Minerals, Inc., Union Carbide Corporation, Vulcan Construction Materials, Limited Partnership substituting for Shelly Jacobs Ellerhorst. (Boyd, Meaghan)
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Filing 568
RESPONSE in Opposition re #563 Joint MOTION for Discovery and Memorandum to Extend Deadlines for Disclosure of Expert Testimony, for Completion of Phase I Discovery, and for Dispositive Motions filed by Johnson/Kerner Liaison Group, Sales Transaction Defendants Liaison. (Attachments: #1 Exhibit A - Email Correspondence, #2 Exhibit B - Wooten v. CL, LLC, et al., 2010 U.S. Dist. Lexis 138130 (E.D.N.C. 2010)) (Johnson, Keith)
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Filing 567
RESPONSE in Opposition re #559 MOTION to Compel Production of Certain Un-Redacted Documents filed by Carolina Power & Light Company. (Attachments: #1 Exhibit Letter from Jane Fedder dated 4/22/11, #2 Exhibit Excerpts from Deposition of Benjamin Rappleyea 10/26/10, #3 Exhibit E-mail from Richard Brewer at CONSOL 002053, #4 Exhibit Excerpts from Deposition of Robert E. Ward, III 02/16/11) (Smith, Christopher)
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Filing 566
ORDER granting #565 Motion to Withdraw as Attorney - Attorney Curtis L. Bentz terminated as counsel for Defendant Buist Electric, Inc. Signed by Chief Judge Louise Wood Flanagan on 05/24/2011. (Baker, C.)
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Filing 565
MOTION to Withdraw as Attorney by Buist Electric, Inc. (Attachments: #1 Text of Proposed Order) (Bentz, Curtis)
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Motion Submitted to Chief Judge Louise Wood Flanagan - #565 MOTION to Withdraw as Attorney. (Baker, C.)
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Filing 564
STIPULATION of Dismissal with Prejudice of Defendant Bayer CropScience, Inc. by Carolina Power & Light Company. (Belk, Caroline)
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Filing 563
Joint MOTION for Discovery and Memorandum to Extend Deadlines for Disclosure of Expert Testimony, for Completion of Phase I Discovery, and for Dispositive Motions by Carolina Power & Light Company, PCS Phospate Company, Inc. (Attachments: #1 Text of Proposed Order) (Belk, Caroline)
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Filing 562
STIPULATION of Dismissal with Prejudice of Defendant Niagara Mohawk Power Corporation by Carolina Power & Light Company. (Belk, Caroline)
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Filing 561
*DOCUMENT CORRECTED AND REFILED AT DOCKET ENTRY #562 * - STIPULATION of Dismissal with Prejudice of Defendant Niagara Mohawk Power Corporation by Carolina Power & Light Company. (Belk, Caroline) Modified on 5/13/2011 to insert refiling information. (Baker, C.)
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NOTICE TO COUNSEL re: #560 Memorandum in Support - Counsel did not attach exhibit index. For future filings, when filing a document with more than five (5) exhibits or attachments, the first attached document must be an index of all of the subsequently attached documents (per Section L(2) of CM/ECF Policy Manual). No need to refile at this time. (Jenkins, C.)
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NOTICE OF DEFICIENCY re: #561 Stipulation of Dismissal - Counsel failed to date the Stipulation of Dismissal and Certificate of Service. Counsel is to refile document reflecting the appropriate date. (Jenkins, C.)
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NOTICE OF DEFICIENCY re: #553 Notice of Substitution of Counsel - Pursuant to Local Civil Rule 83.1(g), counsel may not withdraw his appearance or have it stricken from the record except with leave of court. Substitution of counsel is only permitted if an attorney within the same firm replaces counsel for a new party. Mr. Johnson's appearance has been noted on the court's docket. Mr. Bentz's appearance will also remain pending filing of an appropriate motion seeking leave to withdraw as counsel. (Baker, C.)
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Filing 560
Memorandum in Support re #559 MOTION to Compel Production of Certain Un-Redacted Documents filed by Florida Power & Light Company. (Attachments: #1 Exhibit A - 11-14-2010 Deposition Excerpts of Richard Brewer, #2 Exhibit B- 02-16-2010 Deposition Excerpts of Robert E. Ward III, #3 Exhibit C - 09/29/2010 Deposition Excerpts of Richard Brewer, #4 Exhibit D - 10/12/2010 Deposition Excerpts of Doris Ann Ostby, #5 Exhibit E - 10/13/2010 Deposition Excerpts of Joseph Hicks, #6 Exhibit F - 10/26/20 Deposition Excerpts of Benjamin Rappleyea, #7 Exhibit G - CONSOL002635-2639, #8 Exhibit H - Plaintiffs' Answers to Defs Rev. Initial Irrogs, #9 Exhibit I - Plaintiffs' Status Report dated 4/15/11, #10 Exhibit J - 10/26/2010 Deposition Excerpts of Frank Aguirre, #11 Exhibit K - 12/12/2010 Deposition Excerpts of Benjamin Rappleyea, #12 Exhibit L - FPL's First Set of Requests For Production, #13 Exhibit M- 01/21/2011 Email from D. Darragh to J. Fedder, #14 Exhibit N - Plaintiffs' Answers to FPL's Requests for Production, #15 Exhibit O - 05/05/2011 Letter from D. Darrah to J. Fedder, #16 Exhibit P - CONSOL001901-1905, #17 Exhibit Q - CONSOL001945, #18 Exhibit R - CONSOL000604-605, #19 Exhibit S - CONSOL000968-969, #20 Exhibit T - CONSOL002736-2738, #21 Exhibit U - CONSOL001013-1035 & 1882-1896, #22 Exhibit V - CONSOL000559-560, #23 Exhibit W - CONSOL000725; CONSOL000968-969 & CONSOL002135, #24 Exhibit X - Consol Privilege Log, #25 Exhibit Y - CP&L Privilege Log, #26 Exhibit Z - 12/14/2010 Frank Aguirre Deposition Excerpts, #27 Exhibit AA - Unpublished Authority Relied Upon, #28 Plaintiffs' Exhibit 36 - Ward Tranformer Glossary of Terms, #29 Plaintiffs' Exhibit 45 - Release Pathways, #30 Plaintiffs' Exhibit 45a - HV Bushing Repair Release Pathways, #31 Plaintiffs' Exhibit 45b - Coil Repair/Rewind Release Pathways, #32 Plaintiffs' Exhibit 45c - Tap Changer Repair Release Pathways, #33 Plaintiffs' Exhibit 85 - Ann Ostby's additions to Exhibit 45 Release Pathways, #34 Plaintiffs' Exhibit 86 - Ann Ostby's Amendment to Exhibit 45a HV Bushing Repair Release Pathways, #35 Plaintiffs' Exhibit 87 - Joe Hicks' Additions to Exhibit 85 Ann Ostby's Additions to Exhibit 45 Release Pathways) (Fedder, Jane)
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Filing 559
MOTION to Compel Production of Certain Un-Redacted Documents by Florida Power & Light Company. (Attachments: #1 Text of Proposed Order) (Fedder, Jane)
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Filing 558
OFFICIAL TRANSCRIPT OF STATUS CONFERENCE Proceedings held on 4/27/2011, before Magistrate Judge David W. Daniel. Transcriber Janice Russell. 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. Please review Attorney obligations regarding the redaction of electronic transcripts of court proceedings available on the court's #website.. Redaction Request due 5/31/2011. Redacted Transcript Deadline set for 6/10/2011. Release of Transcript Restriction set for 8/8/2011. Associated Cases: 5:08-cv-00460-FL et al. (Steele, F.) .
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NOTICE of Filing of Official Transcript - DE #558 - Transcript. The parties have seven calendar days from the filing of the transcript to file a Notice of Intent to Request Redaction. The parties must also serve a copy on the court reporter or transcriber. After filing the Notice of Intent to Request Redaction, a party must submit to the court reporter or transcriber, within 21 calendar days of the filing of the transcript, a written statement indicating where the personal data identifiers to be redacted appear in the transcript. (Steele, F.)
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Filing 556
ORDER - This matter comes now before the court upon notice of continuing issues in discovery raised most recently by counsel for defendant Florida Power & Light in email of today' s date. In this instance the complaining party is relieved of necessity for any teleconference in advance of filing discovery motion where the court has determined briefing on the issues will advance the court's address of the disputed issues. Signed by Chief Judge Louise Wood Flanagan on 05/06/2011. (Baker, C.)
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Filing 555
NOTICE of Appearance for non-district by Keith P. McManus on behalf of Kraft Foods Global, Inc. (McManus, Keith)
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Filing 554
NOTICE of Appearance for non-district by Keith P. McManus on behalf of 3M Company (McManus, Keith)
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Filing 553
Notice of Substitution of Counsel by Keith Harrison Johnson on behalf of Buist Electric, Inc. substituting for Curtis L. Bentz of Battle, Winslow, Scott & Wiley, PA. (Johnson, Keith)
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Filing 552
OFFICIAL TRANSCRIPT OF HEARING ON UNION ELECTRIC COMPANY'S MOTION TO DISMISS FOR LACK OF JURISDICTION Proceedings held on 4/27/2011, before Judge Daniel. Transcriber Janice Russell. 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. Please review Attorney obligations regarding the redaction of electronic transcripts of court proceedings available on the court's #website.. Redaction Request due 5/23/2011. Redacted Transcript Deadline set for 6/2/2011. Release of Transcript Restriction set for 7/31/2011. Associated Cases: 5:08-cv-00460-FL et al. (Steele, F.)
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Filing 551
ORDER granting #531 Motion for Extension of Time for Filing Motions to Compel and for Leave to Join Additional Parties and Amend the Pleadings. Counsel should refer to Order for critical information - Signed by Magistrate Judge David W. Daniel on 5/2/11. (Tripp, S.)
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**** Set Hearings - Status Conference set per #549 ORDER for 9/7/2011 at 09:30 AM in Raleigh - 5th Floor Courtroom before Magistrate Judge David W. Daniel. Conference set to further discuss potential ADR procedures per #550 ORDER for 6/21/2011 09:30 AM in Raleigh - 5th Floor Courtroom before Magistrate Judge David W. Daniel. (Baker, C.)
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NOTICE of Filing of Official Transcript - DE #552 - Transcript. The parties have seven calendar days from the filing of the transcript to file a Notice of Intent to Request Redaction. The parties must also serve a copy on the court reporter or transcriber. After filing the Notice of Intent to Request Redaction, a party must submit to the court reporter or transcriber, within 21 calendar days of the filing of the transcript, a written statement indicating where the personal data identifiers to be redacted appear in the transcript. (Steele, F.)
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Filing 550
ORDER: ADR Conference set for 6/21/2011 at 9:30 AM in Raleigh - 5th Floor Courtroom before Magistrate Judge David W. Daniel. Proposals for discussion during the ADR Conference due by 6/14/2011. Counsel should refer to Order for crticial information - Signed by Magistrate Judge David W. Daniel on 4/28/11. (Tripp, S.)
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Filing 549
ORDER: Status Conference set for 9/7/2011 at 9:30 AM in Raleigh - 5th Floor Courtroom before Magistrate Judge David W. Daniel. Counsel should refer to Order for critical information - Signed by Magistrate Judge David W. Daniel on 4/28/11. (Tripp, S.)
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MOTION REFERRED: #531 MOTION for Extension of Time for Filing Motions to Compel and for Leave to Join Additional Parties and Amend Pleadings - Motion referred to Magistrate Judge David W. Daniel. (Tripp, S.)
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Filing 548
Exhibit List from Motion Hearing held 4/27/2011 before US Magistrate Judge David W. Daniel. (Marsh, K)
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Filing 547
Minute Entry for proceedings held before Magistrate Judge David W. Daniel: Motion Hearing held in Raleigh on 4/27/2011 re #482 MOTION to Dismiss for Lack of Jurisdiction [F.R.C.P. Rule 12(b)(2)] filed by Union Electric Company. Counsel for plaintiff and defendants present. Written order to follow. (Court Reporter FTR) (Marsh, K)
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Filing 546
Minute Entry for proceedings held before Magistrate Judge David W. Daniel: Status Conference held on 4/27/2011 in Raleigh. Counsel for plaintiff and defendants present. (Court Reporter FTR) (Marsh, K)
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Filing 545
NOTICE by Union Electric Company re #482 MOTION to Dismiss for Lack of Jurisdiction [F.R.C.P. Rule 12(b)(2)] MOTION to Dismiss for Lack of Jurisdiction [F.R.C.P. Rule 12(b)(2)] Notice of Filing (Attachments: #1 Exhibit Excerpts from Brewer deposition, #2 Exhibit Excerpts from Ward deposition, #3 Exhibit Ward documents, #4 Affidavit Gerald Waters Affidavit) (Rigsby, Jesse)
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Filing 544
NOTICE of Filing by Carolina Power & Light Company, PCS Phospate Company, Inc. re #492 Memorandum in Opposition. (Attachments: #1 Exhibit 1 - Ward Transformer nexus documents for Union Electric, #2 Exhibit 2 - Nov. 25, 2009 Affidavit of Robert E. Ward, III, #3 Exhibit 3 - Excerpts from Sept. 29, 2010 and Nov. 4, 2010 depositions of Joe Richard Brewer) (Belk, Caroline)
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Filing 543
STIPULATION re: admissible evidence for evidenciary hearing on personal jurisdiction by Carolina Power & Light Company, PCS Phospate Company, Inc., Union Electric Company. (Belk, Caroline)
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Filing 542
NOTICE of Appearance by Donald B. Mitchell, Jr on behalf of Electric Equipment Corporation of Virginia (Mitchell, Donald)
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Filing 541
ORDER granting #525 Motion to Approve the Use of a Qualified Settlement Fund. Counsel should refer to Order for critical information - Signed by Chief Judge Louise Wood Flanagan on 4/13/2011. (Tripp, S.)
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Filing 540
FINANCIAL DISCLOSURE STATEMENT by Northrop Grumman Shipbuilding, Inc. (Ellerhorst, Shelly)
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NOTICE OF DEFICIENCY re: #539 Motion to Withdraw as Attorney (corrected title: Notice of Substitution of Counsel) - No Certificate of Service attached. CM/ECF Policy Manual, Section F(3) (located on Court Website) states that all documents filed using CM/ECF shall include a certificate of service identifying the manner in which the service on each party was accomplished. You must either refile document or file separately captioned document labeled Certificate of Service using Civil Event - Service of Process - Certificate of Service. (Lee, B.)
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Filing 539
NOTICE of Substitution of Counsel by Cogentrix Energy, LLC. (Knaub, Zackary) Modified on 4/5/2011 to correct docket entry text (Baker, C.).
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Filing 538
STATUS REPORT (Joint Monthly) by Consolidation Coal Company. Associated Cases: 5:08-cv-00463-FL, 5:08-cv-00460-FL. (Darragh, Daniel)
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Filing 537
NOTICE by G&S Motor Equipment Company, Inc. Notice of Withdrawal of Counsel. (Eversman) (Gifford, William)
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Motion Submitted: #525 MOTION to Approve Use of Qualified Settlement Fund submitted to Chief Judge Flanagan. (Baker, C.)
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Filing 536
RESPONSE to Motion re #531 MOTION for Extension of Time for Filing Motions to Compel and for Leave to Join Additional Parties and Amend Pleadings By All Defendants filed by Alcoa Inc., American Electric Corporation, American Skiing Company, Apogee Coal Company, LLC, Appalachian Power Company, Arkema, Inc., Atlantic City Electric Company, BASF Corporation, Baltimore Gas & Electric Company, Bassett Furniture Industries, Inc., Bayer Cropscience, Inc., Bedford Rural Electric Cooperative Inc., Blue Ridge Electric Cooperative, Inc., Bonner Electric, Inc., Broad River Electric Cooperative, Inc., Bruce-Merrilees Electric Company, Buist Electric, Inc., CBS Corporation, CSX Residual Company, Cape Hatteras Electric Membership Corporation, Cargill, Incorporated, Carlisle Syntec Incorporated, Carr and Duff, Inc., Caterpillar Inc., Central Regional Hospital, Chemical Products Corporation, Cherry Hospital, Chevron Mining, Inc., Christus Health, City of Dover, Delaware, City of Jacksonville, Florida, City of Lakeland, Florida, City of Mascoutah, Illinois, Cleveland Electric Company, Cogentrix Energy, LLC, Cohen and Green Salvage Company, Inc., ConocoPhillips Company, Consumers Energy Company, Cooper Industries, Inc., Cooper Tire & Rubber Company, Cotter Electric Company, Danny Corporation, Dean's Light Box, Inc., Delmarva Power & Light Company, Dixon Lumber Company, Inc., Domtar Paper Company, LLC, Dorey Electric Company, Duke Energy Carolinas, LLC, Duquesne Light Company, East Kentucky Power Cooperative, Inc., Electric Control Equipment Co., Electric Equipment Corporation of Virginia, Endicott Clay Products Company, Environmental Protection Services, Inc., Erachem Comilog, Inc., Florida Power & Light Company, Foremost Electric & Transmission, Inc., Frontier Communications Corporation, Furman University, G&S Motor Equipment Company, Inc., GKN Driveline North American, Inc., General Electric Company, General Extrusions, Inc., Georgia Power Company, Gladieux Trading & Marketing Co., LP, and/or Limited Corporation, Glenwood Resolution Authority, Inc., Green Circle Growers, Inc., Greenwood Mills, Inc., Guernsey-Muskingum Electric Cooperative Inc., Hagerstown Light Department, Haines and Kibblehouse, Inc., Hudson Light and Power Department, Huntsville Utilities, IES Commercial, Inc., and/or Integrated Electrical Services, Inc., Imerys Carbonates, LLC, International Paper Company, International Power Machinery Company, Intertape Polymer Group, Inc., Jessop Steel, LLC, Jet Electric Motor Co., Inc., Johnson/Kerner Liaison Group, Kelly Generator & Equipment, Inc. and/or Kelly Electrical Construction, Inc. f/k/a Kelly & Bishop Electrical Construction, Inc. and/or John E. Kelly & Sons Electrical Construction Inc., Kingsport Power Company, Kobe Copper Products, Inc., Koch Industries, Inc, Kraft Foods Global, Inc., LWB Refractories Company, LaFarge Mid-Atlantic, LLC and/or Lafarge Mid-Atlantic, Inc. as successor-in-interest to or Redland Genstar, Inc. and Genstar Stone Products, Inc., Lewis Electric Supply Co., Inc., Lockwood's Electric Motor Service, M-P Electrical Contractors, Inc., Martin Marietta Materials, Inc., 3M Company, Alcan Primary Products Corporation, Midamerican Energy Company, Monongahela Power Company, N.L. Industries, Inc., New Southern of Rocky Mount, Inc., Niagara Mohawk Power Corporation, Norfolk Southern Railway Company, North Carolina Department of Agriculture and Consumer Services, North Carolina State University, North Georgia Electric Membership Corporation, Northrop Grumman Shipbuilding, Inc., Nucor Corporation, O'Berry Neuro-Medical Center, Occidental Chemical Corporation, Owen Electric Steel Company of South Carolina, Owen Electric Steel Company of South Carolina and/or SMI-Owen Steel Company, Inc. and/or SMI Steel, P. C. Campana, Inc., PPG Industries, Inc., PPL Electric Utilities Corporation, Pactiv Corporation, Palmetto Electric Cooperative, Inc., Pharmacia Corporation, Phoenix Solutions Company, Potomac Electric Power Company, Royal Street Junk Company, Inc., Sales Transaction Defendants Liaison, Santee Electric Cooperative, Inc., Sara Lee Corporation, Sonoco Products Company, South Central Power Company, Southland Electrical Supply, Inc., St. Joseph Medical Center, Inc., Sumter Electric Cooperative, Inc.(a/k/a SECO Energy), Surry-Yadkin Electric Membership Corporation, T and R Electric Supply Company, Inc., Tennessee Associated Electric, Inc. or Tennessee Associated Electric, Tennessee Electro Minerals, Inc., Tennessee Valley Authority, The Holladay Corporation(a/k/a Holladay Property Services Midwest, Inc.), Town of Blackstone, Virginia, Town of Louisburg, North Carolina, Trap Rock, Inc., Tredegar Film Products Corporation, Tri-State Armature & Electrical Works, Inc., Unimin Corporation, Union Carbide Corporation, Union Electric Company, United States Air Force, United States Central Intelligence Agency, United States Defense Logistics Agency, United States Department of the Army, United States Department of the Navy, United States Environmental Protection Agency, United Technologies Corporation, University of North Carolina at Chapel Hill, Ventech Engineers, Inc., and/or Ventech Process Equipment, Inc. and/or Ventech Equipment Inc. and/or The Ventech Companies, Veolia Environmental Services Waste-to-Energy f/k/a Montenay Power Corporation, Virginia Electric and Power Company (VEPCO), Vulcan Construction Materials, Limited Partnership, W. R. Schofield Construction Co., Inc., Warren Electric Cooperative, Inc., Wartburg College, Washington Suburban Sanitary Commission, West Penn Power Company, Weyerhaeuser Company. (Johnson, Keith)
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Filing 535
NOTICE of Appearance by Megan R. Brillault on behalf of Cogentrix Energy, LLC (Brillault, Megan)
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Filing 534
ORDER denying #435 Motion for Sanctions and Motion to Strike - Signed by Magistrate Judge David W. Daniel on 03/23/2011. (Baker, C.)
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Minute Entry for proceedings held before Magistrate Judge David W. Daniel: Status Conference held on 3/23/2011 in Raleigh, NC. Present at conference - Daniel Darragh, Jane Fedder, Joseph Nassif, Bryan Brice, Kurt Olson, and Michael Youth. Discussion held as to issues bearing on alternative dispute resolution in follow up to telephonic conference proceeding held 02/23/2011. (Baker, C.)
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Filing 533
ORDER granting #530 Motion to Continue - The hearing on Union Electric Company's renewed motion to dismiss for lack of personal jurisdiction will be continued to April 27, 2011 at 9:30 a.m. in the 5th floor courtroom of the Terry Sanford Federal Building in Raleigh, North Carolina. Signed by Magistrate Judge David W. Daniel on 03/23/2011. (Baker, C.)
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MOTION REFERRED: #530 Consent MOTION to Continue Hearing on Union Electric Company's Motion to Dismiss referred to Magistrate Judge David W. Daniel. (Baker, C.)
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Reset Hearing as to #482 MOTION to Dismiss for Lack of Jurisdiction [F.R.C.P. Rule 12(b)(2)]. Motion Hearing reset for 4/27/2011 at 09:30 AM in Raleigh - 5th Floor Courtroom before Magistrate Judge David W. Daniel. (Baker, C.)
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Filing 532
STIPULATION of Dismissal with Prejudice of Defendant Trap Rock, Inc. by Carolina Power & Light Company. (Belk, Caroline)
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Filing 531
MOTION for Extension of Time for Filing Motions to Compel and for Leave to Join Additional Parties and Amend Pleadings by Carolina Power & Light Company. (Attachments: #1 Text of Proposed Order) (Smith, Christopher)
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Filing 530
Consent MOTION to Continue Hearing on Union Electric Company's Motion to Dismiss by Carolina Power & Light Company. (Attachments: #1 Text of Proposed Order) (Smith, Christopher)
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Filing 529
STIPULATION of Dismissal without Prejudice of Defendant New Southern of Rocky Mount, Inc. by Carolina Power & Light Company. (Belk, Caroline)
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Filing 528
Order Resetting Hearing - Status Conference reset for 4/27/2011 at 09:30 AM in Raleigh - 5th Floor Courtroom before Magistrate Judge David W. Daniel. Signed by Magistrate Judge David W. Daniel on 03/10/2011. (Baker, C.)
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Filing 527
ORDER Setting Hearing on Motion re #482 MOTION to Dismiss for Lack of Jurisdiction [F.R.C.P. Rule 12(b)(2)] : Motion Hearing set for 3/30/2011 at 10:00 AM in Raleigh - 5th Floor Courtroom before Magistrate Judge David W. Daniel. Signed by Magistrate Judge David W. Daniel on 03/10/2011. (Baker, C.)
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MOTION REFERRED: #482 MOTION to Dismiss for Lack of Jurisdiction [F.R.C.P. Rule 12(b)(2)] referred to Magistrate Judge David W. Daniel. (Baker, C.)
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Filing 526
Order Resetting Hearing - Status Conference reset for 4/19/2011 at 09:30 AM in Raleigh - 5th Floor Courtroom before Magistrate Judge David W. Daniel. Only plaintiffs' counsel and defendants' liaison counsel shall be required to attend, and a recording of the status conference will be made available upon request. The parties are invited to submit proposed topics for discussion, which may be emailed to Documents_Judge_Daniel@nced.uscourts.gov no later than April 8, 2011. Signed by Magistrate Judge David W. Daniel on 03/04/2011. (Baker, C.)
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Filing 525
MOTION to Approve Use of Qualified Settlement Fund by Carolina Power & Light Company. (Attachments: #1 Text of Proposed Order) (Smith, Christopher)
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Filing 524
STATUS REPORT (Joint) by Consolidation Coal Company. Associated Cases: 5:08-cv-00463-FL, 5:08-cv-00460-FL (Darragh, Daniel)
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Filing 523
NOTICE of Appearance for non-district by Julie Wallace Vanneman on behalf of Consolidation Coal Company (Attachments: #1 ECF Form) (Vanneman, Julie)
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NOTICE OF DEFICIENCY re: #522 Notice of Appearance for Non-District Counsel - Notice of Appearance must be filed by the party notifying court of his/her appearance in action. In order for out of state counsel to associate with this case and receive electronic notifications he/she must sign and file Notice of Appearance. Counsel, see Section J.2 (Special Appearance) of the Policy Manual, Section J.2 and correctly refile document. (Lee, B.)
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Filing 522
NOTICE of Appearance for non-district by Daniel M. Darragh on behalf of Consolidation Coal Company (Attachments: #1 ECF Registration Form) (Darragh, Daniel)
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Minute Entry for proceedings held before Magistrate Judge David W. Daniel: Telephone Conference held on 2/23/2011. Present at conference - Daniel Darragh, Jane Fedder, Joseph Nassif, Bryan Brice and Kurt Olson. Status of alternative dispute resolution addressed. (Baker, C.)
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Filing 521
NOTICE of Withdrawal of Counsel by Georgia Power Company (Hayward, Jeffrey) Modified on 2/15/2011 to clarify docket entry text (Baker, C.).
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Filing 520
ORDER - This matter comes before the court upon inquiry of defense counsel, Jane Fedder, relating to the conduct of a deposition scheduled to commence tomorrow afternoon. The request at hand implicitly seeks the court now to compel a document, and address the propriety of anticipated claimed privilege, in the context of a deposition scheduled to begin in about twenty-four (24) hours. If the dispute arises, as anticipated, the parties may attempt to call Magistrate Judge David W. Daniel at the United States Courthouse at New Bern. He may or may not be able to assist also in this case. The court regrets that more notice was not given. If Judge Daniel determines that the dispute is not susceptible to telephonic resolution, he shall notify the parties on this court's behalf, and direct formal briefing. Signed by Chief Judge Louise Wood Flanagan on 02/14/2011. Copies served electronically. (Baker, C.)
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Filing 519
ORDER - This matter is before the Court on the request of the parties, made at the January 13, 2011 status conference in these cases, to extend the deadline for filing motions for leave to join parties and amend pleadings. [CP&L DE-503 & 504; Consol DE-501 &502.] For good cause shown, the request is GRANTED and the deadline for filing motions for leave to join parties and to amend pleadings is extended to April 30, 2011. Signed by U.S. Magistrate Judge David W. Daniel on 02/08/2011. Copies served electronically. (Baker, C.)
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Filing 518
NOTICE of Appearance by D. Martin Warf on behalf of Virginia Electric and Power Company (VEPCO) (Warf, D.)
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Filing 517
NOTICE of Appearance for non-district by Stephen Eric Rumanek on behalf of Georgia Power Company (Rumanek, Stephen)
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Filing 516
OFFICIAL TRANSCRIPT of STATUS CONFERENCE Proceedings held on 1/13/2011, before Judge Daniel. Transcriber Janice Russell. 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. Please review Attorney obligations regarding the redaction of electronic transcripts of court proceedings available on the court's #website.. Redaction Request due 2/28/2011. Redacted Transcript Deadline set for 3/10/2011. Release of Transcript Restriction set for 5/8/2011. Associated Cases: 5:08-cv-00460-FL, 5:08-cv-00463-FL (Steele, F.)
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NOTICE of Filing of Official Transcript - DE #516 - Transcript. The parties have seven calendar days from the filing of the transcript to file a Notice of Intent to Request Redaction. The parties must also serve a copy on the court reporter or transcriber. After filing the Notice of Intent to Request Redaction, a party must submit to the court reporter or transcriber, within 21 calendar days of the filing of the transcript, a written statement indicating where the personal data identifiers to be redacted appear in the transcript. (Steele, F.)
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Filing 515
STATUS REPORT (Joint) by Consolidation Coal Company. Associated Cases: 5:08-cv-00463-FL, 5:08-cv-00460-FL (Darragh, Daniel)
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Filing 514
ORDER re #505 Order - It has come to the Court's attention that further definition of certain terms used in the Courts order may assist the parties in effectuating the directives of the Order. See attached Order containing definition specifics. To the extent there is a disagreement between the parties regarding any interpretation of the Court's order, the parties are directed to raise those issues via an informal request to the undersigned for a teleconference. Signed by US Magistrate Judge David W. Daniel on 02/03/2011. Copies served electronically. (Baker, C.)
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Filing 513
NOTICE of Change of Address by William W. Pollock (Pollock, William)
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Filing 512
STIPULATION of Dismissal with Prejudice of Defendant Town of Blackstone, Virginia by Carolina Power & Light Company. (Belk, Caroline)
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Filing 511
NOTICE by Bassett Furniture Industries, Inc. of Law Firm Name Change (Roessler, Todd)
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Minute Entry for proceedings held before U.S. Magistrate Judge David W. Daniel: Telephonic Discovery Conference held on 1/24/2011. Present at conference - Jane Fedder and Joseph Nassif (counsel for Florida Power & Light Co.); Chris Smith (counsel for CP&L); Daniel Darragh and Julie Vanneman (counsel for Consolidation Coal); and, Michael Ginsberg (counsel for PCS Phosphate). Issues related to discovery dispute between parties addressed. Parties able to resolve the issues in dispute, but Florida Power & Light Co. preserves the right to file timely a motion to compel if necessary. (Baker, C.)
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Filing 510
NOTICE by N.L. Industries, Inc. of Service of Offer of Judgment (Herz, Joel)
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Filing 509
ORDER granting #500 Motion to Withdraw as Attorney. Attorney Reid C. Adams, Jr. terminated as counsel for Veolia Environmental Services Waste-to-Energy f/k/a Montenay Power Corporation. Signed by Chief Judge Louise Wood Flanagan on 01/18/2011. Copies served electronically. (Baker, C.)
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Filing 508
ORDER granting #499 Motion to Withdraw as Attorney - David Mazza terminated as counsel for Veolia Environmental Services Waste-to-Energy f/k/a Montenay Power Corporation. Signed by Chief Judge Louise Wood Flanagan on 01/18/2011. Copies served electronically. (Baker, C.)
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Filing 507
Notice of Substitution of Counsel by Whitney Sarah Waldenberg on behalf of Georgia Power Company substituting for Gavin Parsons (Waldenberg, Whitney)
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Filing 506
Minute Entry for proceedings held before US Magistrate Judge David W. Daniel: Status Conference held on 1/13/2011 in 5th floor courtroom - Raleigh. Parties discuss issues related to scheduling, depositions, discovery, summary judgment, extension of deadlines and ADR. Written order to follow. (Court Reporter FTR) (Marsh, K)
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Filing 505
ORDER re #320 , #321 , #322 , #337 , #345 , and #358 - The parties are ORDERD to respond to the initial document requests and interrogatories in conformity with the attached order no later than February 22, 2011. Signed by U.S. Magistrate Judge David W. Daniel on 01/13/2011. Copies served electronically. (Baker, C.)
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Filing 504
STATUS REPORT and Proposed Topics for Discussion at the January 13, 2011 Status Conference by Carolina Power & Light Company. (Smith, Christopher)
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Filing 503
STATUS REPORT and Proposed Topics for Discussion at the January 13, 2011 Status Conference by Virginia Electric And Power Company. Associated Cases: 5:08-cv-00460-FL, 5:08-cv-00463-FL (Deak, D.)
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Motions Submitted: #482 MOTION to Dismiss for Lack of Jurisdiction [F.R.C.P. Rule 12(b)(2)], #499 MOTION to Withdraw as Attorney and #500 MOTION to Withdraw as Attorney submitted to Chief Judge Flanagan for consideration. (Baker, C.)
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Filing 502
STIPULATION of Dismissal with Prejudice of Defendant Wartburg College by Carolina Power & Light Company. (Belk, Caroline)
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Filing 501
STIPULATION of Dismissal with Prejudice of Defendant City of Dover, Delaware by Carolina Power & Light Company. (Belk, Caroline)
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Filing 500
MOTION to Withdraw as Attorney by Veolia Environmental Services Waste-to-Energy f/k/a Montenay Power Corporation. (Attachments: #1 Text of Proposed Order) (Adams, Reid)
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Filing 499
MOTION to Withdraw as Attorney by Veolia Environmental Services Waste-to-Energy f/k/a Montenay Power Corporation. (Attachments: #1 Text of Proposed Order) (Mazza, David)
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Filing 498
STIPULATION of Dismissal with Prejudice of Defendant Nucor Corporation by Carolina Power & Light Company. (Belk, Caroline)
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Filing 497
STIPULATION of Dismissal with Prejudice by Carolina Power & Light Company. (Belk, Caroline)
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Filing 496
Notice of Substitution of Counsel by Kurt J. Olson on behalf of Veolia Environmental Services Waste-to-Energy f/k/a Montenay Power Corporation substituting for David Mazza (Olson, Kurt)
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Filing 495
STIPULATION of Dismissal with Prejudice as to Defendant Cleveland Electric Company by Carolina Power & Light Company. (Belk, Caroline)
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Filing 494
Order Setting Hearings - Status Conference set for 1/13/2011 at 09:00 AM in Raleigh - 5th Floor Courtroom before U.S. Magistrate David W. Daniel. Signed by U.S. Magistrate Judge David W. Daniel on 12/16/2010. Copies served electronically. (Baker, C.)
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Filing 493
NOTICE of Appearance by Uyless M. Dewberry on behalf of Atlantic City Electric Company, Blue Ridge Electric Cooperative, Inc., Broad River Electric Cooperative, Inc., Consumers Energy Company, Danny Corporation, Delmarva Power & Light Company, Dixon Lumber Company, Inc., Electric Control Equipment Co., Florida Power & Light Company, GKN Driveline North American, Inc., General Electric Company, Gladieux Trading & Marketing Co., LP, and/or Limited Corporation, Glenwood Resolution Authority, Inc., LWB Refractories Company, Occidental Chemical Corporation, Pharmacia Corporation, Potomac Electric Power Company, Sonoco Products Company, Southland Electrical Supply, Inc., St. Joseph Medical Center, Inc., T and R Electric Supply Company, Inc., Tri-State Armature & Electrical Works, Inc., Unimin Corporation, United Technologies Corporation, Washington Suburban Sanitary Commission (Dewberry, Uyless)
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Filing 492
Memorandum in Opposition re #482 MOTION to Dismiss for Lack of Jurisdiction [F.R.C.P. Rule 12(b)(2)] MOTION to Dismiss for Lack of Jurisdiction [F.R.C.P. Rule 12(b)(2)] filed by Carolina Power & Light Company, PCS Phospate Company, Inc.. (Attachments: #1 Exhibit Ward Records, #2 Exhibit Excerpts from deposition of J.Richard Brewer 09/29/10, #3 Exhibit Excerpts from deposition of J. Richard Brewer 11/04/10, #4 Exhibit Excerpts from Affidavit of Robert E. Ward, III, 11/25/09, #5 Exhibit Union Electric Responses to Plaintiffs' Requests for Production, #6 Exhibit Union Electric Answers/Objections to Plaintiffs' Interrogatories, #7 Exhibit Manley v. Air Canada, 2010 WL 4852365, #8 Exhibit U.S. v. American Cyanamid, 1997 US Dist. LEXIS 4413) (Belk, Caroline)
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Filing 491
ORDER granting #490 Motion to Withdraw as Attorney - John S. Slosson and Julia S. Bright of Nelson Mullins Riley & Scarborough LLP are permitted to withdraw as counsel of record for Electric Equipment Corporation of Virginia and Joseph G. Nassif and Jane E. Fedder of Husch Blackwell, LLP are permitted to withdraw as Local Rule 83.1 special counsel. Signed by Chief Judge Louise Wood Flanagan on 12/13/2010. Copies served electronically. (Baker, C.)
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Remark re Motion Submitted 12/09/2010 - #482 MOTION to Dismiss was inadvertently submitted prior to the expiration of the response period designated in the Court's Case Management Order at docket entry #312 . Motion submission is withdrawn pending expiration of the briefing period. (Baker, C.)
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Motion Submitted: #490 MOTION to Withdraw as Attorney submitted to Chief Judge Flanagan for consideration. (Baker, C.)
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Motion Submitted: #482 MOTION to Dismiss for Lack of Jurisdiction submitted to Chief Judge Flanagan for consideration. (Baker, C.)
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Filing 490
MOTION to Withdraw as Attorney of record for John S. Slosson and Julia S. Bright, Nelson Mullins Riley & Scarborough, LLP and Joseph G. Nassif and Jane E. Fedder, Husch Blackwell, LLP by Electric Equipment Corporation of Virginia. (Attachments: #1 Text of Proposed Order) (Fedder, Jane).
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Filing 489
NOTICE of Appearance for non-district by Patricia Leigh Bausinger on behalf of Niagara Mohawk Power Corporation, PPL Electric Utilities Corporation, Trap Rock, Inc. (Bausinger, Patricia)
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Filing 488
NOTICE of Appearance by Andrew H. Erteschik on behalf of Electric Equipment Corporation of Virginia (Erteschik, Andrew)
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Filing 487
STIPULATION of Dismissal as to CSX Residual Company by Carolina Power & Light Company. (Belk, Caroline)
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Filing 486
STIPULATION of Dismissal as to Dean's Light Box, Inc. by Carolina Power & Light Company. (Belk, Caroline)
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Filing 485
ORDER granting #481 Motion to Withdraw as Attorney - Attorney Julia S. Bright and John S. Slosson terminated as to all defendants named in the attached order except Occidental Chemical Corporation. Signed by Chief Judge Louise Wood Flanagan on 11/15/2010. Copies served electronically. (Baker, C.)
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Filing 484
Proposed Order re #482 MOTION to Dismiss for Lack of Jurisdiction [Federal Rules of Civil Procedure Rule 12(b)(2)] filed by Union Electric Company. (Rigsby, Jesse).
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Filing 483
Memorandum in Support re #482 MOTION to Dismiss for Lack of Jurisdiction [Federal Rules of Civil Procedure Rule 12(b)(2)] filed by Union Electric Company. (Rigsby, Jesse).
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Filing 482
MOTION to Dismiss for Lack of Jurisdiction [Federal Rules of Civil Procedure Rule 12(b)(2)] by Union Electric Company. (Attachments: #1 Exhibit 1 - Deposition Transcript Excerpts Richard Brewer, #2 Exhibit 2 - Excerpt from Brewer Deposition Exhibit 79, #3 Affidavit Exhibit 3 - Affidavit of Gerald Waters) (Rigsby, Jesse).
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Motion Submitted: #481 MOTION to Withdraw as Attorney submitted to Cheif Judge Flanagan for consideration. (Baker, C.)
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Filing 481
MOTION to Withdraw as Attorney by Atlantic City Electric Company, Blue Ridge Electric Cooperative, Inc., Broad River Electric Cooperative, Inc., Cargill, Incorporated, Consumers Energy Company, Danny Corporation, Delmarva Power & Light Company, Dixon Lumber Company, Inc., Electric Control Equipment Co., Florida Power & Light Company, GKN Driveline North American, Inc., General Electric Company, Gladieux Trading & Marketing Co., LP, and/or Limited Corporation, Glenwood Resolution Authority, Inc., LWB Refractories Company, Pharmacia Corporation, Potomac Electric Power Company, Sonoco Products Company, Southland Electrical Supply, Inc., St. Joseph Medical Center, Inc., T and R Electric Supply Company, Inc., Tri-State Armature & Electrical Works, Inc., Unimin Corporation, United Technologies Corporation, Washington Suburban Sanitary Commission. (Attachments: #1 Text of Proposed Order Granting Motion to Withdraw) (Bright, Julia).
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Filing 480
NOTICE of Appearance by Andrew H. Erteschik on behalf of Atlantic City Electric Company, Blue Ridge Electric Cooperative, Inc., Broad River Electric Cooperative, Inc., Cargill, Incorporated, Consumers Energy Company, Danny Corporation, Delmarva Power & Light Company, Dixon Lumber Company, Inc., Electric Control Equipment Co., Florida Power & Light Company, GKN Driveline North American, Inc., General Electric Company, Gladieux Trading & Marketing Co., LP, and/or Limited Corporation, Glenwood Resolution Authority, Inc., LWB Refractories Company, Occidental Chemical Corporation, Pharmacia Corporation, Potomac Electric Power Company, Sonoco Products Company, Southland Electrical Supply, Inc., St. Joseph Medical Center, Inc., T and R Electric Supply Company, Inc., Tri-State Armature & Electrical Works, Inc., Unimin Corporation, United Technologies Corporation, Washington Suburban Sanitary Commission (Erteschik, Andrew)
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Filing 479
SUR-REPLY re #435 MOTION for Sanctions filed by Carolina Power & Light Company. (Smith, Christopher) Modified on 10/29/2010 to clarify docket entry text (Baker, C.).
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Filing 478
ORDER granting #471 Motion for Leave to File Surreply to Defendant T&R's motion for sanctions - Plaintiffs are DIRECTED to file their surreply forthwith. Signed by U.S. Magistrate Judge David W. Daniel on 10/27/2010. Copies served electronically. (Baker, C.)
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Filing 477
ORDER granting #339 Motion to Set Aside Default as to Defendant Wartburg College - Signed by Chief Judge Louise Wood Flanagan on 10/25/2010. Copies served electronically. (Baker, C.)
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Filing 476
NOTICE of Change of Address by Jesse Huntsman Rigsby, IV (Rigsby, Jesse)
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Filing 475
WITHDRAWAL as Counsel of Record as to Meghan M Hubbard by Union Electric Company. (Hubbard, Meghan) Modified on 10/21/2010 to clarify docket entry text (Baker, C.).
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Filing 474
NOTICE of Appearance for non-district by Jay P. Eversman on behalf of G&S Motor Equipment Company, Inc. (Eversman, Jay)
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MOTIONS REFERRED: #435 MOTION for Sanctions and MOTION to Strike and #471 MOTION for Leave to File Sur-Reply referred to U.S. Magistrate Judge David W. Daniel. (Baker, C.)
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Motions Submitted: #435 MOTION for Sanctions and MOTION to Strike and #471 MOTION for Leave to File Sur-Reply submitted to Chief Judge Flangan for consideration. (Baker, C.)
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Filing 473
Minute Entry for proceedings held before US Magistrate Judge David W. Daniel: Status Conference held on 9/30/2010. Plaintiff: Daniel Darragh, Christopher Smith, Bill Pollock, Caroline Belk, Michael Ginsberg; Defendant: Patrick Kerner, Jefferey Wagenbach, Carson Carmichael, Dan Reinhardt, Jane Felder, Clay Burns, Kurt Olson, Will Harkins, Jesse Rigsby, Stan Green, Keith Johnson, Bryan Brice; Law Clerk: Brandy Baird, Bettina Roberts. Parties discuss issues regading discovery, depositions, ADR, Summary Judgment. (Court Reporter FTR) (Powers, S.).
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Filing 472
STIPULATION re #312 Scheduling Order, by Georgia Power Company. (Hayward, Jeffrey)
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Filing 471
MOTION and Memorandum in Support for Leave to File Sur-Reply to #435 Motion to Strike and Motion for Sanctions by Carolina Power & Light Company. (Attachments: #1 Exhibit A - Plaintiffs' Proposed Sur-Reply to T&R's Motion for Sanctions, #2 Text of Proposed Order) (Smith, Christopher) Modified on 9/24/2010 to clarify docket entry text (Baker, C.).
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Filing 470
WITHDRAWAL as Counsel of Record as to Ryan K. McKain by Bonner Electric, Inc. (McKain, Ryan) Modified on 9/22/2010 to terminate motion event and clarify docket entry text (Baker, C.).
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Filing 469
NOTICE by Johnson/Kerner Liaison Group re #358 Response, Supplement to Defendants' Report on Disputed Initial Interrogatories (Attachments: #1 Exhibit A - Plaintiffs' Answers and Objections to Defendants' Initial Interrogatories) (Johnson, Keith)
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Filing 468
STIPULATION regarding Deposition of Gary H. Collison by Carolina Power & Light Company, Consolidation Coal Company, Johnson/Kerner Liaison Group, PCS Phospate Company, Inc., Sales Transaction Defendants Liaison. (Kerner, Patricia)
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Filing 467
RESPONSE re #451 Memorandum in Opposition filed by T and R Electric Supply Company, Inc. (Attachments: #1 Exhibit A - Pleading Excerpts) (Fedder, Jane) Modified on 9/15/2010 (Baker, C.).
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Filing 466
AFFIRMATIVE NON-CERCLA DEFENSES AND ANSWER to Complaint by Christus Health. (Bentz, Curtis).
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Filing 465
CONSENT PROTECTIVE ORDER GOVERNING ACCESS TO DOCUMENTS - Signed by Chief Judge Louise Wood Flanagan on 09/13/2010. Copies served electronically. (Baker, C.)
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Filing 464
ORDER granting #461 Motion for Leave to File - This Court grants Defendant Weyerhaeuser Company's Motion, and hereby declares its Answer and Non-CERCLA defenses (D.E. 438 and D.E. 437) as timely filed, as if filed pursuant to and in compliance with Paragraph II.E of the Case Management Order governing those cases. Signed by Chief Judge Louise Wood Flanagan on 09/13/2010. Copies served electronically. (Baker, C.)
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Filing 463
ORDER granting #452 Motion for Leave to File - CHRISTUS shall be permitted to file the duplicate pleading attached to its Motion as Exhibit A in Civil Action No. 5:08-cv-460-FL and Civil Action No. 5:08-cv-00463-FL. Signed by Chief Judge Louise Wood Flanagan on 09/13/2010. Copies served electronically. (Baker, C.)
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Filing 462
RESPONSE in Opposition re #339 MOTION to Set Aside Default Response in Opposition to Defendant Wartburg College's Motion to Set Aside Entry of Default filed by Carolina Power & Light Company. (Smith, Christopher)
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Filing 461
MOTION for Leave to File by Weyerhaeuser Company. (Attachments: #1 Text of Proposed Order GRANTING MOTION FOR ANSWER AND AFFIRMATIVE NON-CERCLA DEFENSES TO BE DEEMED TIMELY FILED) (Hart, Scott)
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Motion Submitted: #461 MOTION for Leave to File submitted to Chief Judge Flanagan for consideration. (Baker, C.)
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Motion Submitted: #339 MOTION to Set Aside Default submitted to Chief Judge Flanagan for consideration. (Baker, C.)
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Motion Submitted: #458 Joint MOTION for Protective Order submitted to Chief Judge Flanagan for consideration. (Baker, C.)
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Filing 460
NOTICE by Sales Transaction Defendants Liaison re #361 Order, Set Hearings Sales Transaction Defendants' Proposed Topics for Discussion at Status Conference (Wagenbach, Jeffrey)
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Filing 459
ANSWER to #325 Amended Complaint by Cleveland Electric Company. (Schoolman, Brian)
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Filing 458
Joint MOTION for Protective Order by Georgia Power Company. (Attachments: #1 Exhibit A. AOC, #2 Exhibit Proposed Consent Protective Order w/ Attachments) (Parsons, Gavin)
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Filing 457
NOTICE by Johnson/Kerner Liaison Group Defendants' Proposed Topics for Discussion at Status Conference (Johnson, Keith)
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Filing 456
NOTICE by Carolina Power & Light Company, Consolidation Coal Company, PCS Phospate Company, Inc. re #361 Order, Set Hearings / Plaintiffs' Proposed Topics for Discussion at September 30, 2010 Status Conference (Smith, Christopher)
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Motion Submitted: #452 MOTION for Leave to File Affirmative Non-CERCLA Defenses and Answers Out of Time submitted to Chief Judge Flanagan for consideration. (Baker, C.)
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Filing 455
NOTICE by Danny Corporation regarding Notice of Change of Firm Name (Fedder, Jane)
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Filing 454
CONSENT ORDER AND STIPULATION REGARDING THE COURT'S MARCH 24, 2010 ORDER - Plaintiffs' 107 claims as to the remaining defendants are DISMISSED for the reasons set forth in the Court's March 24 ORDER. Cross-claimant PCS Phosphate Company, Inc.'s 107 claims are unaffected by this disposition. Defendants' respective 113(f) counterclaims asserted in response to the dismissed 107(a) claims are hereby DISMISSED. Defendants' 113(f) crossclaims in response to PCS Phosphate's 107(a) and 113(g)(2) claims are unaffected by this disposition. #342 Defendants' Motion to Strike Pursuant to Fed. R. Civ. P. 12(f) Count I of Plaintiff Carolina Power & Light Company d/b/a Progress Energy Carolinas, Inc. 's Consolidated and Third Amended Complaint is DENIED as MOOT. Signed by Chief Judge Louise Wood Flanagan on 09/08/2010. Copies served electronically. (Baker, C.)
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Filing 453
ORDER granting #359 Motion for Extension of Time to File Response/Reply re #339 MOTION to Set Aside Default (Responses due by 9/10/2010); denying as moot #360 Motion for Extension of Time to File Response/Reply; granting #363 Motion to Withdraw as Attorney; granting #441 , #442 , #444 , #447 and #449 Motions for Leave to File Out of Time. The untimely answers and affirmative non-CERCLA defenses attached to the motions of those defendants named herein shall be accepted for filing as if timely filed under the court's case management order entered June 15, 2010. Signed by Chief Judge Louise Wood Flanagan on 09/08/2010. Copies served electronically. (Baker, C.)
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Filing 452
MOTION for Leave to File Affirmative Non-CERCLA Defenses and Answers Out of Time by Christus Health. (Attachments: #1 Exhibit, #2 Text of Proposed Order) (Bentz, Curtis)
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Filing 451
Memorandum in Opposition re #435 T&R Electric Supply Company's Motion to Strike and for Sanctions filed by Carolina Power & Light Company, Consolidation Coal Company, PCS Phospate Company, Inc.. (Attachments: #1 Exhibit 1 - T&R's 9/8/09 Letter to Consol & PEC Counsel, #2 Exhibit 2 - Consol's 9/10/09 Letter to T&R in Response to T&R's 9/8/09 Letter, #3 Exhibit 3 - PEC's Response to 9/14/09 Letter, #4 Exhibit 4 - Consol's 8/31/10 E-Mail to T&R's Counsel, #5 Exhibit 5 - T&R's E-Mail Response to Consol Counsel's 9/1/10 E-Mail, #6 Exhibit 6 - T&R Counsel Referenced Letter of 8/23/07 from Ward Transformer Sales & Service, Inc., #7 Exhibit 7 - Consol's 8/30/07 Letter to T&R, #8 Exhibit 8 - Ward's Documents Relating to A 333 KVA Transformer Acquired from T&R in February 1987, #9 Exhibit 9 - Document Provided by T&R, #10 Exhibit 10 - EPA's Denial of Ward's Application for Exemption to Buy & Sell PCB-Contaminated Transformers, #11 Exhibit 11 - Transformer Acquired from T&R in February 1987, #12 Exhibit 12 - 1982 & 1983 Transaction Where Transformers from T&R Were Leaking on Arrival at Ward, #13 Exhibit 13 - 1982 & 1983 Transaction Where Transformers from T&R Were Leaking on Arrival at Ward, #14 Exhibit 14 - 1985 Transaction Involving A Transformer from T&R, #15 Exhibit 15 - 1984 Transaction That Involved A Transformer Acquired from T&R) (Smith, Christopher)
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Filing 450
NOTICE of Appearance by Patricia P. Kerner on behalf of Johnson/Kerner Liaison Group (Attachments: #1 Exhibit A - Current list of Defendants for whom Patricia P. Kerner has been appointed as liaison counsel) (Kerner, Patricia)
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Filing 449
MOTION for Leave to File Answer and Affirmative Non-CERCLA Defenses Out of Time by Dean's Light Box, Inc. (Lewis, J.)
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Filing 448
NOTICE of Appearance by Keith Harrison Johnson on behalf of Johnson/Kerner Liaison Group (Attachments: #1 Exhibit A - Current list of Defendants for whom Keith H. Johnson has been appointed as liaison counsel) (Johnson, Keith)
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Filing 447
MOTION for Leave to File Answer and Affirmative Non-CERCLA Defenses Out of Time by Duquesne Light Company. (Olson, Kurt)
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Motion Submitted: #449 MOTION for Leave to File Answer and Affirmative Non-CERCLA Defenses Out of Time submitted to Chief Judge Flanagan for consideration. (Baker, C.)
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Motion Submitted: #447 MOTION for Leave to File Answer and Affirmative Non-CERCLA Defenses Out of Time submitted to Chief Judge Flanagan for consideration. (Baker, C.)
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Filing 446
ADR DEFENDANTS' SUPPLEMENTAL MEDIATOR NOMINATION (Ellerhorst, Shelly) Modified on 9/7/2010 to correct docket entry text (Baker, C.).
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Filing 445
NOTICE by Tennessee Valley Authority, United States Air Force, United States Central Intelligence Agency, United States Defense Logistics Agency, United States Department of the Army, United States Department of the Navy Withdrawal of Appearance (Spear, C.)
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Filing 444
MOTION for Leave to File Caterpillar Inc.'s Answers and Affirmative Non-CERCLA Defenses Two Days Out of Time by Caterpillar Inc. (Attachments: #1 Proposed Order re Caterpillar Inc.'s Motion for Leave to File Answer & Affirmative Non-CERCLA Defenses Two Days Out of Time, #2 Caterpillar Inc.'s Answer & Affirmative Non-CERCLA Defenses) (Millberg, John).
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Motions Submitted: #441 MOTION for Leave to File Answer and Affirmative Non-CERCLA Defenses One Day Out of Time, #442 MOTION for Leave to File Answer and Affirmative Non-CERCLA Defenses One Day Out of Time, and #444 MOTION for Leave to File Caterpillar Inc.'s Answers and Affirmative Non-CERCLA Defenses Two Days Out of Time submitted to Chief Judge Flanagan for consideration. (Baker, C.)
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Filing 443
AFFIRMATIVE AND NON-CERCLA DEFENSES AND ANSWER to #325 Amended Complaint, #185 Crossclaim by Frontier Communications Corporation. (Cordle, Robert).
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Filing 442
MOTION for Leave to File Answer and Affirmative Non-CERCLA Defenses One Day Out of Time by Sumter Electric Cooperative, Inc. (Olson, Kurt).
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Filing 441
MOTION for Leave to File Answer and Affirmative Non-CERCLA Defenses One Day Out of Time by Arkema, Inc. (Olson, Kurt).
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Filing 440
AFFIRMATIVE NON-CERCLA DEFENSES AND ANSWER to #325 Amended Complaint, #326 Answer to Amended Complaint, Crossclaim, Counterclaim by Veolia Environmental Services Waste-to-Energy f/k/a Montenay Power Corporation. (Mazza, David).
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Filing 439
AFFIRMATIVE NON-CERCLA DEFENSES AND ANSWER to #325 Amended Complaint, #326 Answer to Amended Complaint, Crossclaim, Counterclaim by Christus Health. (Bentz, Curtis).
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Filing 438
ANSWER to #325 Amended Complaint, #326 Answer to Amended Complaint, Crossclaim, Counterclaim by Weyerhaeuser Company. (Hart, Scott).
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Filing 437
ANSWER to #325 Amended Complaint, #326 Answer to Amended Complaint, Crossclaim, Counterclaim, #186 Counterclaim, Crossclaim by Bonner Electric, Inc. (Williams, Joseph).
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Filing 436
Memorandum in Support of #435 Motion to Strike and Motion for Sanctions filed by T and R Electric Supply Company, Inc. (Attachments: #1 Exhibit A-1 Correspondence with Plaintiffs Counsel Before Complaints were Filed Against T&R Electric, #2 Exhibit A-2 Correspondence with Plaintiffs Counsel Before Complaints were Filed Against T&R Electric, #3 Exhibit A-3 Correspondence with Plaintiffs Counsel Before Complaints were Filed Against T&R Electric, #4 Exhibit A-4 Correspondence with Plaintiffs Counsel Before Complaints were Filed Against T&R Electric, #5 Exhibit A-5 Correspondence with Plaintiffs Counsel Before Complaints were Filed Against T&R Electric, #6 Exhibit A-6 Correspondence with Plaintiffs Counsel Before Complaints were Filed Against T&R Electric, #7 Exhibit A-7 Correspondence with Plaintiffs Counsel Before Complaints were Filed Against T&R Electric, #8 Exhibit B-1 Local Rule 11.1 Correspondence, #9 Exhibit B-2 Local Rule 11.1 Correspondence) (Fedder, Jane).
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Filing 435
T&R Electric Supply Co.'s Individual Answer & Motions to Strike and For Sanctions to #325 Amended Complaint, #326 Answer to Amended Complaint, Crossclaim, Counterclaim by T and R Electric Supply Company, Inc. (Attachments: #1 Exhibit - Transaction Related Documents) (Fedder, Jane).
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Filing 434
Occidental Chemical Corporation's Individual Answer to #325 Amended Complaint, #185 Crossclaim by Occidental Chemical Corporation. (Attachments: #1 Exhibit Transaction Related Documents) (Fedder, Jane).
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Filing 433
Pharmacia Corporation's Individual Answer to #325 Amended Complaint, #185 Crossclaim by Pharmacia Corporation. (Attachments: #1 Exhibit Transaction Related Documents) (Fedder, Jane).
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Filing 432
Washington Suburban Sanitary Commission's Individual Answer to #325 Amended Complaint, #326 Answer to Amended Complaint, Crossclaim, Counterclaim by Washington Suburban Sanitary Commission. (Attachments: #1 Exhibit Transaction Related Documents) (Fedder, Jane).
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Filing 431
United Technologies Corporation's Individual Answer to #325 Amended Complaint, #326 Answer to Amended Complaint, Crossclaim, Counterclaim by United Technologies Corporation. (Attachments: #1 Exhibit Transaction Related Documents) (Fedder, Jane).
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Filing 430
Unimin Corporation's Individual Answer to #325 Amended Complaint, #326 Answer to Amended Complaint, Crossclaim, Counterclaim by Unimin Corporation. (Attachments: #1 Exhibit Transaction Related Documents) (Fedder, Jane).
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Filing 429
Potomac Electric Power Company's Individual Answer to #325 Amended Complaint, #326 Answer to Amended Complaint, Crossclaim, Counterclaim by Potomac Electric Power Company. (Attachments: #1 Exhibit Transaction Related Documents) (Fedder, Jane).
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Filing 428
Sonoco Products Company's Individual Answer to #325 Amended Complaint, #326 Answer to Amended Complaint, Crossclaim, Counterclaim by Sonoco Products Company. (Attachments: #1 Exhibit Transaction Related Documents) (Fedder, Jane).
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Filing 427
Southland Electrical Supply's Individual Answer to #325 Amended Complaint, #326 Answer to Amended Complaint, Crossclaim, Counterclaim by Southland Electrical Supply, Inc. (Attachments: #1 Exhibit Transaction Related Documents) (Fedder, Jane).
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Filing 426
Individual Answer to #325 Amended Complaint, #326 Answer to Amended Complaint, Crossclaim, Counterclaim by Tri-State Armature & Electrical Works, Inc. (Attachments: #1 Exhibit Transaction Related Documents) (Fedder, Jane).
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Filing 425
St. Joseph Medical Center's Individual Answer to #325 Amended Complaint, #326 Answer to Amended Complaint, Crossclaim, Counterclaim by St. Joseph Medical Center, Inc. (Attachments: #1 Exhibit Transaction Related Documents) (Fedder, Jane).
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Filing 424
LWB Refractories Company n/k/a Magnesita Refractories Company's Individual Answer to #325 Amended Complaint, #326 Answer to Amended Complaint, Crossclaim, Counterclaim by LWB Refractories Company. (Attachments: #1 Exhibit Transaction Related Exhibits) (Fedder, Jane).
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Filing 423
Glenwood Regional Medical Center's Individual Answer to #325 Amended Complaint, #326 Answer to Amended Complaint, Crossclaim, Counterclaim by Glenwood Resolution Authority, Inc. (Attachments: #1 Exhibit Transaction Related Documents) (Fedder, Jane).
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Filing 422
Gladieux Trading & Marketing Company's Individual Answer to #325 Amended Complaint, #326 Answer to Amended Complaint, Crossclaim, Counterclaim by Gladieux Trading & Marketing Co., LP, and/or Limited Corporation. (Attachments: #1 Exhibit Transaction Related Documents) (Fedder, Jane).
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Filing 421
GKN Driveline North America's Individual Answer to #325 Amended Complaint, #326 Answer to Amended Complaint, Crossclaim, Counterclaim by GKN Driveline North American, Inc. (Attachments: #1 Exhibit Transaction Related Documents) (Fedder, Jane).
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Filing 420
Florida Power & Light Company's Individual Answer to #325 Amended Complaint, #326 Answer to Amended Complaint, Crossclaim, Counterclaim by Florida Power & Light Company. (Attachments: #1 Exhibit Transaction Related Documents) (Fedder, Jane).
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Filing 419
Electric Equipment Corporation's Individual Answer to #325 Amended Complaint, #326 Answer to Amended Complaint, Crossclaim by Electric Equipment Corporation of Virginia. (Fedder, Jane).
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Filing 418
Electric Control Equipment Company's Individual Answer to #325 Amended Complaint, #326 Answer to Amended Complaint, Crossclaim, Counterclaim by Electric Control Equipment Co. (Attachments: #1 Exhibit Transaction Related Documents) (Fedder, Jane).
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Filing 417
Dixon Lumber Company's Individual Answer to #325 Amended Complaint, #326 Answer to Amended Complaint, Crossclaim, Counterclaim by Dixon Lumber Company, Inc. (Attachments: #1 Exhibit Transaction Related Documents) (Fedder, Jane).
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Filing 416
Delmarva Power & Light Company's Individual Answer to #325 Amended Complaint, #326 Answer to Amended Complaint, Crossclaim, Counterclaim by Delmarva Power & Light Company. (Attachments: #1 Exhibit Part 1 Transaction Related Documents, #2 Exhibit Part 2 Transaction Related Documents) (Fedder, Jane).
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Filing 415
Danny Corporation's Individual Answer to #325 Amended Complaint, #326 Answer to Amended Complaint, Crossclaim, Counterclaim by Danny Corporation. (Attachments: #1 Exhibit Transaction Related Documents) (Fedder, Jane).
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Filing 414
General Electric Company's Individual Answer to #325 Amended Complaint, #185 Crossclaim by General Electric Company. (Attachments: #1 Exhibit Transaction Related Documents) (Fedder, Jane).
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Filing 413
Consumers Energy Company's Individual Answer to #325 Amended Complaint, #326 Answer to Amended Complaint, Crossclaim, Counterclaim by Consumers Energy Company. (Attachments: #1 Exhibit Part 1 Transaction Related Documents, #2 Exhibit Part 2 Transaction Related Documents) (Fedder, Jane).
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Filing 412
Cargill Incorporated's Individual Answer to #325 Amended Complaint, #326 Answer to Amended Complaint, Crossclaim, Counterclaim by Cargill, Incorporated. (Attachments: #1 Exhibit Transaction Related Documents) (Fedder, Jane).
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Filing 411
Broad River Electric Cooperative's Individual Answer to #325 Amended Complaint, #326 Answer to Amended Complaint, Crossclaim, Counterclaim by Broad River Electric Cooperative, Inc. (Attachments: #1 Exhibit Transaction Related Documents) (Fedder, Jane).
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Filing 410
Blue Ridge Electric Company's Individual Answer to #325 Amended Complaint, #326 Answer to Amended Complaint, Crossclaim, Counterclaim by Blue Ridge Electric Cooperative, Inc. (Attachments: #1 Exhibit Transaction Related Documents) (Fedder, Jane).
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Filing 409
Atlantic City Electric Company's Individual ANSWER to #325 Amended Complaint, #326 Answer to Amended Complaint, Crossclaim, Counterclaim by Atlantic City Electric Company. (Attachments: #1 Exhibit Transaction Related Documents) (Fedder, Jane).
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Filing 408
INDIVIDUAL ANSWER to #325 Amended Complaint, #326 Answer to Amended Complaint, Crossclaim, Counterclaim by New Southern of Rocky Mount, Inc. (Olson, Kurt).
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Filing 407
Affirmative Non-Cercla Defenses and ANSWER to #325 Amended Complaint, #326 Answer to Amended Complaint, Crossclaim, Counterclaim by Tredegar Film Products Corporation. (Fairbanks, R.).
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Filing 406
Affirmative Non-Cercla Defenses and ANSWER to #325 Amended Complaint, #326 Answer to Amended Complaint, Crossclaim, Counterclaim by Alcoa Inc. (Fairbanks, R.).
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Filing 405
ANSWER to Complaint (Individual Answer With Non-CERCLA Defenses To Plaintiffs Second And Third Amended Complaints And PCS Phosphate Company, Inc.s Crossclaims) by Cogentrix Energy, LLC. (Byrne, Michael)
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Filing 404
ANSWER to #325 Amended Complaint, #95 Amended Complaint, #326 Answer to Amended Complaint, Crossclaim, Counterclaim by Huntsville Utilities. (McArthur, Benjamin).
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Filing 403
INDIVIDUAL ANSWER to #325 Amended Complaint, #326 Answer to Amended Complaint, Crossclaim, Counterclaim by Norfolk Southern Railway Company. (Olson, Kurt).
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Filing 402
INDIVIDUAL ANSWER to #325 Amended Complaint, #326 Answer to Amended Complaint, Crossclaim, Counterclaim by Bayer Cropscience, Inc. (Olson, Kurt).
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Filing 401
INDIVIDUAL ANSWER to #325 Amended Complaint, #326 Answer to Amended Complaint, Crossclaim, Counterclaim by South Central Power Company. (Olson, Kurt).
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Filing 400
INDIVIDUAL ANSWER to #325 Amended Complaint, #326 Answer to Amended Complaint, Crossclaim, Counterclaim by Midamerican Energy Company. (Olson, Kurt).
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Filing 399
INDIVIDUAL ANSWER to #325 Amended Complaint, #326 Answer to Amended Complaint, Crossclaim, Counterclaim by Sara Lee Corporation. (Olson, Kurt).
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Filing 398
INDIVIDUAL ANSWER to #325 Amended Complaint, #326 Answer to Amended Complaint, Crossclaim, Counterclaim by Jessop Steel, LLC. (Olson, Kurt).
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Filing 397
INDIVIDUAL ANSWER to #325 Amended Complaint, #326 Answer to Amended Complaint, Crossclaim, Counterclaim by Kobe Copper Products, Inc. (Olson, Kurt).
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Filing 396
INDIVIDUAL ANSWER to #325 Amended Complaint, #326 Answer to Amended Complaint, Crossclaim, Counterclaim by Foremost Electric & Transmission, Inc. (Olson, Kurt).
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Filing 395
INDIVIDUAL ANSWER to #325 Amended Complaint, #326 Answer to Amended Complaint, Crossclaim, Counterclaim by Chemical Products Corporation. (Olson, Kurt).
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Filing 394
INDIVIDUAL ANSWER to #325 Amended Complaint, #326 Answer to Amended Complaint, Crossclaim, Counterclaim by CSX Residual Company. (Olson, Kurt).
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Filing 393
Non-Cercla Defenses and ANSWER to #325 Amended Complaint, #326 Answer to Amended Complaint, Crossclaim, Counterclaim by West Penn Power Company. (DeGeorge, R.).
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Filing 392
ANSWER to #325 Amended Complaint, #186 Counterclaim, Crossclaim, #326 Answer to Amended Complaint, Crossclaim, Counterclaim by Kraft Foods Global, Inc. (Camerson, Donald).
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Filing 391
ANSWER to #325 Amended Complaint, #186 Counterclaim, Crossclaim, #326 Answer to Amended Complaint, Crossclaim by 3M Company. (Camerson, Donald).
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Filing 390
Non-Cercla Defenses and ANSWER to #325 Amended Complaint, #326 Answer to Amended Complaint, Crossclaim, Counterclaim by Monongahela Power Company. (DeGeorge, R.).
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Filing 389
INDIVIDUAL ANSWER to #325 Amended Complaint, #326 Answer to Amended Complaint, Crossclaim, Counterclaim by Georgia Power Company. (Hayward, Jeffrey).
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Filing 388
Non-Cercla Defenses and ANSWER to #325 Amended Complaint, #326 Answer to Amended Complaint, Crossclaim, Counterclaim by CBS Corporation. (DeGeorge, R.).
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Filing 387
ANSWER to #325 Amended Complaint, #185 Crossclaim, #95 Amended Complaint, #342 Motion for Miscellaneous Relief, Answer to Crossclaim, Answer to Complaint, Answer to Amended Complaint, Counterclaim, #186 Counterclaim, Crossclaim, #326 Answer to Amended Complaint, Crossclaim, Counterclaim by Virginia Electric and Power Company (VEPCO). (Kerner, Patricia).
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Filing 386
Non-Cercla Defenses and ANSWER to #325 Amended Complaint, #326 Answer to Amended Complaint, Crossclaim, Counterclaim by Bruce-Merrilees Electric Company. (DeGeorge, R.).
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Filing 385
Apogee Coal Company LLC's Affirmative Non-CERCLA Defenses and ANSWER to #325 Amended Complaint, #326 Answer to Amended Complaint, Crossclaim, Counterclaim, #218 Counterclaim and Crossclaims of Defendant PCS Phosphate Company, Inc., #135 Second Amended Complaint by Apogee Coal Company, LLC. (Risinger, Bradley).
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Filing 384
Lockwood's Electric Motor Services, Inc.'s Affirmative Non-CERCLA Defenses and ANSWER to #325 Amended Complaint, #326 Answer to Amended Complaint, Crossclaim, Counterclaim, #218 Counterclaim and Crossclaims of Defendant PCS Phosphate Company, Inc., #135 Second Amended Complaint by Lockwood's Electric Motor Service. (Risinger, Bradley).
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Filing 383
ConocoPhillips Company's Non-Cercla Defenses ANSWER to #325 Amended Complaint, #326 Answer to Amended Complaint, Crossclaim, Counterclaim, ConocoPhillips Company's Non-Cercla Defenses. (DeGeorge, R.).
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Filing 382
Defendant Niagara Mohawk Power Corporation's Individual ANSWER to #185 Crossclaim, Certificate of Service by Niagara Mohawk Power Corporation. (Barnett, Bonnie).
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Filing 381
Defendant Niagara Mohawk Power Corporation's Individual ANSWER to #325 Amended Complaint, Certificate of Service by Niagara Mohawk Power Corporation. (Barnett, Bonnie).
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Filing 380
NOTICE by G&S Motor Equipment Company, Inc. re #379 Answer to Amended Complaint, Answer to Crossclaim, Answer to Counterclaim, (Unable to File - Sunday, August 29, 2010) (Haus, Jaan).
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Filing 379
Individual ANSWER to #325 Amended Complaint, #185 Crossclaim, #95 Amended Complaint, #326 Answer to Amended Complaint, Crossclaim, Counterclaim, #186 Counterclaim, Crossclaim by G&S Motor Equipment Company, Inc. (Haus, Jaan).
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Filing 378
ANSWER to #325 Amended Complaint, #326 Answer to Amended Complaint, Crossclaim, Counterclaim by Duke Energy Carolinas, LLC. (Green, Stanley).
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Filing 377
Joint MOTION for Entry of Consent Order and Stipulation - with Respect to The Court's March 24, 2010 Order by Alcoa Inc., American Electric Corporation, American Skiing Company, Apogee Coal Company, LLC, Appalachian Power Company, Arkema, Inc., Atlantic City Electric Company, BASF Corporation, Baltimore Gas & Electric Company, Bassett Furniture Industries, Inc., Bayer Cropscience, Inc., Bedford Rural Electric Cooperative Inc., Blue Ridge Electric Cooperative, Inc., Bonner Electric, Inc., Broad River Electric Cooperative, Inc., Bruce-Merrilees Electric Company, Buist Electric, Inc., CBS Corporation, CSX Residual Company, Cape Hatteras Electric Membership Corporation, Cargill, Incorporated, Carlisle Syntec Incorporated, Carolina Power & Light Company, Carr and Duff, Inc., Caterpillar Inc., Central Regional Hospital, Chemical Products Corporation, Cherry Hospital, Chevron Mining, Inc., Christus Health, City of Dover, Delaware, City of Jacksonville, Florida, City of Lakeland, Florida, City of Mascoutah, Illinois, Cleveland Electric Company, Cogentrix Energy, LLC, Cohen and Green Salvage Company, Inc., ConocoPhillips Company, Consolidation Coal Company, Consumers Energy Company, Cooper Industries, Inc., Cooper Tire & Rubber Company, Cotter Electric Company, Danny Corporation, Dean's Light Box, Inc., Delmarva Power & Light Company, Dixon Lumber Company, Inc., Domtar Paper Company, LLC, Dorey Electric Company, Duke Energy Carolinas, LLC, Duquesne Light Company, East Kentucky Power Cooperative, Inc., Electric Control Equipment Co., Electric Equipment Corporation of Virginia, Endicott Clay Products Company, Environmental Protection Services, Inc., Erachem Comilog, Inc., Florida Power & Light Company, Foremost Electric & Transmission, Inc., Frontier Communications Corporation, Furman University, G&S Motor Equipment Company, Inc., GKN Driveline North American, Inc., General Electric Company, General Extrusions, Inc., Georgia Power Company, Gladieux Trading & Marketing Co., LP, and/or Limited Corporation, Glenwood Resolution Authority, Inc., Green Circle Growers, Inc., Greenwood Mills, Inc., Guernsey-Muskingum Electric Cooperative Inc., Hagerstown Light Department, Haines and Kibblehouse, Inc., William J. Hengemihle, Hudson Light and Power Department, Huntsville Utilities, IES Commercial, Inc., and/or Integrated Electrical Services, Inc., Imerys Carbonates, LLC, International Paper Company, International Power Machinery Company, Intertape Polymer Group, Inc., Jessop Steel, LLC, Jet Electric Motor Co., Inc., Johnson/Kerner Liaison Group, Kelly Generator & Equipment, Inc. and/or Kelly Electrical Construction, Inc. f/k/a Kelly & Bishop Electrical Construction, Inc. and/or John E. Kelly & Sons Electrical Construction Inc., Kingsport Power Company, Kobe Copper Products, Inc., Koch Industries, Inc, Kraft Foods Global, Inc., LWB Refractories Company, LaFarge Mid-Atlantic, LLC and/or Lafarge Mid-Atlantic, Inc. as successor-in-interest to or Redland Genstar, Inc. and Genstar Stone Products, Inc., Lewis Electric Supply Co., Inc., Lockwood's Electric Motor Service, M-P Electrical Contractors, Inc., Martin Marietta Materials, Inc., 3M Company, Alcan Primary Products Corporation, Midamerican Energy Company, Monongahela Power Company, N.L. Industries, Inc., New Southern of Rocky Mount, Inc., Niagara Mohawk Power Corporation, Norfolk Southern Railway Company, North Carolina Department of Agriculture and Consumer Services, North Carolina State University, North Georgia Electric Membership Corporation, Northrop Grumman Shipbuilding, Inc., Nucor Corporation, O'Berry Neuro-Medical Center, Occidental Chemical Corporation, Owen Electric Steel Company of South Carolina, Owen Electric Steel Company of South Carolina and/or SMI-Owen Steel Company, Inc. and/or SMI Steel, P. C. Campana, Inc., PCS Phospate Company, Inc., PPG Industries, Inc., PPL Electric Utilities Corporation, Pactiv Corporation, Palmetto Electric Cooperative, Inc., Pharmacia Corporation, Phoenix Solutions Company, Potomac Electric Power Company, Royal Street Junk Company, Inc., Santee Electric Cooperative, Inc., Sara Lee Corporation, Sonoco Products Company, South Central Power Company, Southland Electrical Supply, Inc., St. Joseph Medical Center, Inc., Sumter Electric Cooperative, Inc.(a/k/a SECO Energy), Surry-Yadkin Electric Membership Corporation, T and R Electric Supply Company, Inc., Tennessee Associated Electric, Inc. or Tennessee Associated Electric, Tennessee Electro Minerals, Inc., Tennessee Valley Authority, The Holladay Corporation(a/k/a Holladay Property Services Midwest, Inc.), Town of Blackstone, Virginia, Town of Louisburg, North Carolina, Trap Rock, Inc., Tredegar Film Products Corporation, Tri-State Armature & Electrical Works, Inc., Unimin Corporation, Union Carbide Corporation, Union Electric Company, United States Air Force, United States Central Intelligence Agency, United States Defense Logistics Agency, United States Department of the Army, United States Department of the Navy, United States Environmental Protection Agency, United Technologies Corporation, University of North Carolina at Chapel Hill, Ventech Engineers, Inc., and/or Ventech Process Equipment, Inc. and/or Ventech Equipment Inc. and/or The Ventech Companies, Veolia Environmental Services Waste-to-Energy f/k/a Montenay Power Corporation, Virginia Electric and Power Company (VEPCO), Vulcan Construction Materials, Limited Partnership, W. R. Schofield Construction Co., Inc., Warren Electric Cooperative, Inc., Wartburg College, Washington Suburban Sanitary Commission, West Penn Power Company, Weyerhaeuser Company. (Attachments: #1 Text of Proposed Order Consent Order and Stipulation Regarding The Court's March 24, 2010 Order) (Belk, Caroline).
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Filing 376
Individual ANSWER to #325 Amended Complaint, #326 Answer to Amended Complaint, Crossclaim, Counterclaim by Cape Hatteras Electric Membership Corporation. (Attachments: #1 Exhibit - Ward Transformer repair records for 4 transformers) (Shearin, Norman)
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Filing 375
Individual Affirmative Non-Cercla Defenses and ANSWER to #325 Amended Complaint, #326 Answer to Amended Complaint, Crossclaim, Counterclaim by Vulcan Construction Materials, Limited Partnership. (Ellerhorst, Shelly).
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Filing 374
Individual Affirmative Non-Cercla Defenses and ANSWER to #325 Amended Complaint, #326 Answer to Amended Complaint, Crossclaim, Counterclaim by Union Carbide Corporation. (Ellerhorst, Shelly).
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Filing 373
Individual Affirmative Non-Cercla Defenses and ANSWER to #325 Amended Complaint, #326 Answer to Amended Complaint, Crossclaim, Counterclaim by Tennessee Electro Minerals, Inc. (Ellerhorst, Shelly).
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Filing 372
Individual Affirmative Non-Cercla Defenses and ANSWER to #325 Amended Complaint, #326 Answer to Amended Complaint, Crossclaim, Counterclaim by Northrop Grumman Shipbuilding, Inc. (Ellerhorst, Shelly).
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Filing 371
Individual Affirmative Non-Cercla Defenses and ANSWER to #325 Amended Complaint, #326 Answer to Amended Complaint, Crossclaim, Counterclaim by North Georgia Electric Membership Corporation. (Ellerhorst, Shelly).
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Filing 370
Individual Affirmative Non-Cercla Defenses and Answer to #325 Amended Complaint, #326 Answer to Amended Complaint, Crossclaim, Counterclaim by Imerys Carbonates, LLC. (Ellerhorst, Shelly).
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Filing 369
INDIVIDUAL ANSWER to #326 Answer to Amended Complaint, Crossclaim, Counterclaim (Correcting Corporate Name) by Trap Rock, Inc. (Barnett, Bonnie).
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Filing 368
INDIVIDUAL ANSWER to #325 Plaintiff's Colsolidated AND Third Amended Complaint (Correcting Corporate Name) by Trap Rock, Inc. (Barnett, Bonnie).
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Filing 367
INDIVIDUAL ANSWER Asserting Non-Cercla Defense of Lack of Personal Jurisdiction by Union Electric Company. (Rigsby, Jesse) Modified on 8/27/2010 to clarify docket entry text (Baker, C.).
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Motion Submitted: #377 Joint MOTION Entry of Consent Order submitted to Chief Judge Flanagan for consideration. (Baker, C.)
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Filing 366
NOTICE of Appearance for non-district by Shelly J. Ellerhorst on behalf of Imerys Carbonates, LLC, North Georgia Electric Membership Corporation, Northrop Grumman Shipbuilding, Inc., Tennessee Electro Minerals, Inc., Union Carbide Corporation, Vulcan Construction Materials, Limited Partnership (Ellerhorst, Shelly)
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Filing 365
NOTICE (Defendant, Crossclaim Defendant and Counterclaim Defendant Consolidation Coal Company's CERCLA Defenses and Crossclaim) re #312 Scheduling Order. (Darragh, Daniel).
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Filing 364
RESPONSE: Supplement to Defendants' Report on Disputed Document Requests re #321 Response filed by Alcoa Inc., Apogee Coal Company, LLC, Appalachian Power Company, Arkema, Inc., BASF Corporation, Baltimore Gas & Electric Company, Bayer Cropscience, Inc., Bedford Rural Electric Cooperative Inc., Blue Ridge Electric Cooperative, Inc., Bonner Electric, Inc., Broad River Electric Cooperative, Inc., Bruce-Merrilees Electric Company, Buist Electric, Inc., CBS Corporation, CSX Residual Company, Cape Hatteras Electric Membership Corporation, Cargill, Incorporated, Carlisle Syntec Incorporated, Carr and Duff, Inc., Caterpillar Inc., Chemical Products Corporation, Christus Health, City of Dover, Delaware, Cleveland Electric Company, Cogentrix Energy, LLC, ConocoPhillips Company, Consumers Energy Company, Cooper Tire & Rubber Company, Danny Corporation, Dean's Light Box, Inc., Dixon Lumber Company, Inc., Domtar Paper Company, LLC, Duke Energy Carolinas, LLC, Duquesne Light Company, Electric Control Equipment Co., Electric Equipment Corporation of Virginia, Environmental Protection Services, Inc., Erachem Comilog, Inc., Florida Power & Light Company, Foremost Electric & Transmission, Inc., Frontier Communications Corporation, Furman University, GKN Driveline North American, Inc., General Electric Company, General Extrusions, Inc., Georgia Power Company, Gladieux Trading & Marketing Co., LP, and/or Limited Corporation, Glenwood Resolution Authority, Inc., Green Circle Growers, Inc., Greenwood Mills, Inc., Haines and Kibblehouse, Inc., Hudson Light and Power Department, Huntsville Utilities, IES Commercial, Inc., and/or Integrated Electrical Services, Inc., Imerys Carbonates, LLC, International Paper Company, International Power Machinery Company, Intertape Polymer Group, Inc., Jessop Steel, LLC, Kingsport Power Company, Kobe Copper Products, Inc., Koch Industries, Inc, Kraft Foods Global, Inc., LWB Refractories Company, LaFarge Mid-Atlantic, LLC and/or Lafarge Mid-Atlantic, Inc. as successor-in-interest to or Redland Genstar, Inc. and Genstar Stone Products, Inc., Lockwood's Electric Motor Service, 3M Company, Alcan Primary Products Corporation, Martin Marietta Materials, Inc., Midamerican Energy Company, Monongahela Power Company, N.L. Industries, Inc., New Southern of Rocky Mount, Inc., Niagara Mohawk Power Corporation, Norfolk Southern Railway Company, North Georgia Electric Membership Corporation, Northrop Grumman Shipbuilding, Inc., Nucor Corporation, Occidental Chemical Corporation, Owen Electric Steel Company of South Carolina, PPG Industries, Inc., PPL Electric Utilities Corporation, Palmetto Electric Cooperative, Inc., Pharmacia Corporation, Potomac Electric Power Company, Royal Street Junk Company, Inc., Santee Electric Cooperative, Inc., Sara Lee Corporation, Sonoco Products Company, South Central Power Company, Southland Electrical Supply, Inc., St. Joseph Medical Center, Inc., Sumter Electric Cooperative, Inc., T and R Electric Supply Company, Inc., Tennessee Electro Minerals, Inc., The Holladay Corporation, Town of Blackstone, Virginia, Town of Louisburg, North Carolina, Trap Rock, Inc., Tredegar Film Products Corporation, Tri-State Armature & Electrical Works, Inc., Unimin Corporation, Union Carbide Corporation, Union Electric Company, United Technologies Corporation, Ventech Engineers, Inc., and/or Ventech Process Equipment, Inc. and/or Ventech Equipment Inc. and/or The Ventech Companies, Veolia Environmental Services Waste-to-Energy f/k/a Montenay Power Corporation, Virginia Electric and Power Company (VEPCO), Vulcan Construction Materials, Limited Partnership, Warren Electric Cooperative, Inc., Wartburg College, Washington Suburban Sanitary Commission, West Penn Power Company, Weyerhaeuser Company. (Attachments: #1 Exhibit A - Plaintiffs' Initial Informal Production of Documents to Defendants) (Johnson, Keith).
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Filing 363
MOTION to Withdraw as Attorney by Dean's Light Box, Inc. (Attachments: #1 Text of Proposed Order granting withdrawal) (Lewis, J.).
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Filing 362
NOTICE by Carolina Power & Light Company re #312 Scheduling Order, (Defendant, Crossclaim Defendant and Counterclaim Defendant Carolina Power & Light Co. d/b/a Progress Energy Carolinas, Inc.'s CERCLA Defenses and Crossclaim) (Smith, Christopher)
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Filing 361
ORDER - Status Conference set for 9/30/2010 at 11:00 AM in Raleigh - 5th Floor Courtroom before U.S. Magistrate Judge David W. Daniel. Signed by U.S. Magistrate Judge David W. Daniel on 08/20/2010. Copies served electronically. (Baker, C.)
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Filing 360
Consent MOTION for Extension of Time to File Response/Reply as to #342 Motion to Strike - Consent Motion for Extension of Time to Respond to Defendants' Motion to Strike by Carolina Power & Light Company. (Attachments: #1 Text of Proposed Order) (Smith, Christopher)
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Filing 359
Consent MOTION for Extension of Time to File Response/Reply as to #339 MOTION to Set Aside Default by Carolina Power & Light Company. (Attachments: #1 Text of Proposed Order) (Belk, Caroline)
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Motions Submitted: #360 Consent MOTION for Extension of Time to File Response/Reply as to #342 Motion to Strike and #359 Consent MOTION for Extension of Time to File Response/Reply as to #339 MOTION to Set Aside Default submitted to Chief Judge Flanagan for consideration. (Baker, C.)
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NOTICE OF DEFICIENCY re: #358 Response - Pursuant to Section L of the CM/ECF Policy and Procedures Manual, attachments and exhibits must be identified with a clear and complete description in the docket entry text. The Case Administrator has corrected the deficiency in this instance, but future filings must adhere to the court's filing policy. (Baker, C.)
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Filing 358
Defendants' Report on Disputed Initial Interrogatories re #312 Scheduling Order filed by Georgia Power Company. (Attachments: #1 Appendix A - Defendants' Initial Interrogatories, #2 Appendix B - Unpublished Decisions, #3 Appendix C - Defendants' Specific Objections to Individual Interrogatories) (Hayward, Jeffrey) Modified on 8/16/2010 to insert naming conventions for attachments (Baker, C.).
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Filing 357
Plaintiffs' Response and Objections to Defendants' Initial Interrogatories re #312 Scheduling Order filed by Carolina Power & Light Company, PCS Phospate Company, Inc. (Attachments: #1 Appendix A - Plaintiffs' Initial Interrogatories to All Defendants, #2 Appendix B - Defendants' Initial Interrogatories, #3 Appendix C - Certain Sales Transaction Defendants' Proposed Initial Interrogatories, #4 Appendix D - Defendants' Initial Interrogatories) (Smith, Christopher).
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Filing 356
NOTICE of Appearance for non-district by Jaan M. Haus on behalf of G&S Motor Equipment Company, Inc. (Haus, Jaan)
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Filing 355
Notice of Substitution of Counsel by Robert B. Cordle on behalf of Frontier Communications Corporation substituting for Eric H. Cottrell (Cordle, Robert)
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Filing 354
NOTICE OF CORRECTION by Wartburg College re #340 Memorandum in Support (Attachments: #1 Exhibit Unpublished Cases Cited in Memorandum in Support of Motion to Set Aside Entry of Default) (Byrne, Michael).
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Filing 353
Notice of Withdrawal and Substitution of Counsel (Smithson) by G&S Motor Equipment Company, Inc. (Gifford, William).
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Filing 352
RESPONSE to Order (Amended CERCLA Defenses) filed by Bassett Furniture Industries, Inc. (Roessler, Todd).
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Filing 351
NOTICE of Appearance for non-district by Julie S. Solmer Stine on behalf of Caterpillar Inc. (Solmer Stine, Julie)
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Filing 350
NOTICE (Sales Transaction Defendants' Nomination of Replacement Liaison Counsel) by G&S Motor Equipment Company, Inc. (Gifford, William).
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Filing 349
CONSENT PROTECTIVE ORDER AND STIPULATION OF CONFIDENTIALITY - Signed by Chief Judge Louise Wood Flanagan on 08/05/2010. Copies served electronically. (Baker, C.)
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Please disregard the order appointing mediator located at docket entry #348 as this order was entered in error. No mediator has been appointed as of this date. (Carpenter, T.)
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Filing 348
ORDER Appointing Mediator William J. Hengemihle. Signed by Clerk of Court on 8/3/10. (Carpenter, T.)
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Filing 347
Notice of Support for ADR Defendants' Mediator Nomination by Guernsey-Muskingum Electric Cooperative Inc. (Flax, Gregory).
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Filing 346
RESPONSE to Order re #312 Scheduling Order, CERCLA Defenses by Bassett Furniture Industries, Inc. (Roessler, Todd).
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Motion Submitted: #333 Joint MOTION for Protective Order submitted to Chief Judge Flanagan for consideration. (Baker, C.)
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Filing 345
RESPONSE by Defendant Blue Ridge Electric Cooperative, Inc. re #320 - Defendants in Johnson/Kerner Liaison Group's Response to Plaintiffs' Filing Concerning Initial Discovery. (Fedder, Jane) Modified on 8/2/2010 to correct docket entry text (Baker, C.).
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Filing 344
Memorandum in Support re #342 MOTION TO STRIKE filed by Georgia Power Company, P. C. Campana, Inc., Cape Hatteras Electric Membership Corporation, Bonner Electric, Inc., BruceMerrilees Electric Company, Conoco Phillips Company, Monongahela Power Company, CBS Corporation, West Penn Power Company, City of Huntsville d/b/a Huntsville Utilities, Cogentrix Energy LLC, Carlisle Syntec Incorporated, PPG Industries, Inc., Arkema, Inc., Bayer CropScience, Inc., CSX Residual Company, Duquense Light Company, Sara Lee Corporation, Chemical Products, Corporation, Sumter Electric Cooperative, Inc., Midamerican Energy Company, Norfolk Southern Railway Company, Haines & Kibblehouse, Inc., South Central Power Company, General Extrusions, Inc., Cooper Tire and Rubber Company, American Skiing Company, Appalachian Power Company, Kingsport Power Company, International Paper Company, Kobe Copper Products, Inc., Environmental Protection Services, Inc., Jessop Steel, LLC, Foremost Electric and Transmission, Inc., Holladay Property Services; Midwest, Inc. (aka Holladay Corporation), Frontier Communications Corporation f/k/a Citizens Communications Company, Furman University, Intertape Polymer Group, Lafarge Mid-Atlantic, Owen Electric Steel, Green Circle Growers, Inc., Cleveland Electric Company, Carr & Duff, Inc., Union Electric Company,CHRISTUS Health Northern Louisiana, Jet Electric Motor Company, Inc., Buist Electric Company, Deans Light Box, Inc., Weyerhaeuser Company, Warren Electric Cooperative, Bedford Rural Electric Cooperative, Inc., Greenwood Mills, Inc., Palmetto Electric Cooperative, Inc., Santee Electric Cooperative, Inc., IES Commercial, Inc., Integrated Electrical Services, Inc., Hudson Light & Power, Baltimore Gas & Electric, Duke Energy Carolinas LLC, Tennessee Electro Minerals, Inc., Union Carbide Corporation, Vulcan Construction Materials, L.P., Northrop Grumman Shipbuilding, Inc., North Georgia Electric Membership Corporation, International Power Machinery Company, Apogee Coal Company, LLC, Lockwoods Electric Motor Service, Inc., Domtar Paper Company, LLC, and New Southern of Rocky Mount, Inc. (Kerner, Patricia) Modified on 8/2/2010 to correct docket entry text (Baker, C.). Modified on 8/3/2010 to add all filers of document (Baker, C.).
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Filing 343
NOTICE by PCS Phospate Company, Inc. of PCS Phosphate Co., Inc.'s CERCLA Defenses (Story, Jane)
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Filing 342
MOTION TO STRIKE and ANSWER to #325 Amended Complaint, #185 Crossclaim,, #1 Complaint, #95 Amended Complaint, #186 Counterclaim, Crossclaim, #29 Amended Complaint, #326 Answer to Amended Complaint, Crossclaim, Counterclaim, ANSWER to #325 Amended Complaint, #185 Crossclaim,, #1 Complaint, #95 Amended Complaint, #186 Counterclaim, Crossclaim, #29 Amended Complaint, #326 Answer to Amended Complaint, Crossclaim, Counterclaim,, ANSWER to #325 Amended Complaint, #185 Crossclaim,, #1 Complaint, #95 Amended Complaint, #186 Counterclaim, Crossclaim, #29 Amended Complaint, #326 Answer to Amended Complaint, Crossclaim, Counterclaim, ANSWER to #325 Amended Complaint, #185 Crossclaim,, #1 Complaint, #95 Amended Complaint, #186 Counterclaim, Crossclaim, #29 Amended Complaint,,,, #326 Answer to Amended Complaint, Crossclaim, Counterclaim, ANSWER to #325 Amended Complaint, #185 Crossclaim,, #1 Complaint, #95 Amended Complaint, #186 Counterclaim, Crossclaim, #29 Amended Complaint, #326 Answer to Amended Complaint, Crossclaim, Counterclaim, ANSWER to #325 Amended Complaint, #185 Crossclaim,, #1 Complaint, #95 Amended Complaint, #186 Counterclaim, Crossclaim, #29 Amended Complaint, #326 Answer to Amended Complaint, Crossclaim, Counterclaim, ANSWER to #325 Amended Complaint, #185 Crossclaim,, #1 Complaint, #95 Amended Complaint, #186 Counterclaim, Crossclaim, #29 Amended Complaint, #326 Answer to Amended Complaint, Crossclaim, Counterclaim, CROSSCLAIM against PCS Phospate Company, Inc., COUNTERCLAIM against Carolina Power & Light Company, Consolidation Coal Company by American Skiing Company, Apogee Coal Company, LLC, Appalachian Power Company, Arkema, Inc., Atlantic City Electric Company, BASF Corporation, Baltimore Gas & Electric Company, Bayer Cropscience, Inc., Bedford Rural Electric Cooperative Inc., Blue Ridge Electric Cooperative, Inc., Bonner Electric, Inc., Broad River Electric Cooperative, Inc., Bruce-Merrilees Electric Company, Buist Electric, Inc., CBS Corporation, CSX Residual Company, Cape Hatteras Electric Membership Corporation, Cargill, Incorporated, Carlisle Syntec Incorporated, Carr and Duff, Inc., Caterpillar Inc., Central Regional Hospital, Chemical Products Corporation, Cherry Hospital, Chevron Mining, Inc., Christus Health, City of Dover, Delaware, City of Jacksonville, Florida, City of Lakeland, Florida, City of Mascoutah, Illinois, Cleveland Electric Company, Cogentrix Energy, LLC, Cohen and Green Salvage Company, Inc., ConocoPhillips Company, Consumers Energy Company, Cooper Industries, Inc., Cooper Tire & Rubber Company, Cotter Electric Company, Danny Corporation, Dean's Light Box, Inc., Delmarva Power & Light Company, Dixon Lumber Company, Inc., Domtar Paper Company, LLC, Dorey Electric Company, Duke Energy Carolinas, LLC, Duquesne Light Company, East Kentucky Power Cooperative, Inc., Electric Control Equipment Co., Electric Equipment Corporation of Virginia, Endicott Clay Products Company, Environmental Protection Services, Inc., Erachem Comilog, Inc., Florida Power & Light Company, Foremost Electric & Transmission, Inc., Frontier Communications Corporation, Furman University, G&S Motor Equipment Company, Inc., GKN Driveline North American, Inc., General Electric Company, General Extrusions, Inc., Georgia Power Company, Gladieux Trading & Marketing Co., LP, and/or Limited Corporation, Glenwood Resolution Authority, Inc., Green Circle Growers, Inc., Greenwood Mills, Inc., Guernsey-Muskingum Electric Cooperative Inc., Hagerstown Light Department, Haines and Kibblehouse, Inc., Hudson Light and Power Department, Huntsville Utilities, IES Commercial, Inc., and/or Integrated Electrical Services, Inc., Imerys Carbonates, LLC, International Paper Company, International Power Machinery Company, Intertape Polymer Group, Inc., Jessop Steel, LLC, Jet Electric Motor Co., Inc., Kelly Generator & Equipment, Inc. and/or Kelly Electrical Construction, Inc. f/k/a Kelly & Bishop Electrical Construction, Inc. and/or John E. Kelly & Sons Electrical Construction Inc., Kingsport Power Company, Kobe Copper Products, Inc., Koch Industries, Inc, Kraft Foods Global, Inc., LWB Refractories Company, LaFarge Mid-Atlantic, LLC and/or Lafarge Mid-Atlantic, Inc. as successor-in-interest to or Redland Genstar, Inc. and Genstar Stone Products, Inc., Lewis Electric Supply Co., Inc., Lockwood's Electric Motor Service, 3M Company, Alcan Primary Products Corporation, Alcoa Inc., American Electric Corporation, M-P Electrical Contractors, Inc., Martin Marietta Materials, Inc., Midamerican Energy Company, Monongahela Power Company, N.L. Industries, Inc., New Southern of Rocky Mount, Inc., Niagara Mohawk Power Corporation, Norfolk Southern Railway Company, North Carolina Department of Agriculture and Consumer Services, North Carolina State University, North Georgia Electric Membership Corporation, Northrop Grumman Shipbuilding, Inc., Nucor Corporation, O'Berry Neuro-Medical Center, Occidental Chemical Corporation, Owen Electric Steel Company of South Carolina, Owen Electric Steel Company of South Carolina and/or SMI-Owen Steel Company, Inc. and/or SMI Steel, P. C. Campana, Inc., PPL Electric Utilities Corporation, Pactiv Corporation, Palmetto Electric Cooperative, Inc., Pharmacia Corporation, Phoenix Solutions Company, Potomac Electric Power Company, Royal Street Junk Company, Inc., Santee Electric Cooperative, Inc., Sara Lee Corporation, Sonoco Products Company, South Central Power Company, Southland Electrical Supply, Inc., St. Joseph Medical Center, Inc., Sumter Electric Cooperative, Inc.(a/k/a SECO Energy), Surry-Yadkin Electric Membership Corporation, T and R Electric Supply Company, Inc., Tennessee Associated Electric, Inc. or Tennessee Associated Electric, Tennessee Electro Minerals, Inc., Tennessee Valley Authority, The Holladay Corporation(a/k/a Holladay Property Services Midwest, Inc.), Town of Blackstone, Virginia, Town of Louisburg, North Carolina, Trap Rock, Inc., Tredegar Film Products Corporation, Tri-State Armature & Electrical Works, Inc., Unimin Corporation, Union Carbide Corporation, Union Electric Company, United States Air Force, United States Central Intelligence Agency, United States Defense Logistics Agency, United States Department of the Army, United States Department of the Navy, United States Environmental Protection Agency, United Technologies Corporation, University of North Carolina at Chapel Hill, Ventech Engineers, Inc., and/or Ventech Process Equipment, Inc. and/or Ventech Equipment Inc. and/or The Ventech Companies, Veolia Environmental Services Waste-to-Energy f/k/a Montenay Power Corporation, Virginia Electric and Power Company (VEPCO), Vulcan Construction Materials, Limited Partnership, W. R. Schofield Construction Co., Inc., Warren Electric Cooperative, Inc., Wartburg College, Washington Suburban Sanitary Commission, West Penn Power Company, Weyerhaeuser Company. (Attachments: #1 Exhibit 1 - Authorization for the sale of scrap metal) (Kerner, Patricia) Modified on 8/2/2010 to open motion event (Baker, C.).
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Filing 341
SELECTION OF William J. Hengemihle as mediator. (Attachments: #1 Exhibit A -- Mediator Nomination)Associated Cases: 5:08-cv-00460-FL, 5:08-cv-00463-FL (Sidbury, Benjamin)
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Filing 340
Memorandum in Support of Motion to Set Aside Entry of Default filed by Wartburg College. (Attachments: #1 Affidavit Declaration of Gary Grace) (Byrne, Michael).
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Filing 339
MOTION to Set Aside Entry of Default by Wartburg College. (Byrne, Michael).
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Filing 338
RESPONSE to Discovery Request from Rule 26(a)(1) Initial Disclosures by N.L. Industries, Inc. (Herz, Joel).
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Filing 337
RESPONSE re #321 Response -(Response to the Johnson/Kerner Defendants' Report on Disputed Document Requests) filed by Carolina Power & Light Company. (Attachments: #1 Appendix A - Unreported Decision, American International Specialty Lines Insurance Company v. United States, 2010 WL 2635768 (C.D. Cal. 6/30/10)) (Smith, Christopher).
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Filing 336
NOTICE by Wartburg College of Affiliation with Liaison Counsel (Byrne, Michael)
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Filing 335
NOTICE by Carolina Power & Light Company re #282 Scheduling Order, (Plaintiff's Position Regarding The Appointment of A Mediator) (Smith, Christopher).
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Filing 334
NOTICE by Bruce-Merrilees Electric Company, CBS Corporation, ConocoPhillips Company, Monongahela Power Company, West Penn Power Company of Liaison Group Representation (DeGeorge, R.)
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Filing 333
Joint MOTION for Protective Order by American Skiing Company, Apogee Coal Company, LLC, Appalachian Power Company, Arkema, Inc., Atlantic City Electric Company, BASF Corporation, Baltimore Gas & Electric Company, Bassett Furniture Industries, Inc., Bayer Cropscience, Inc., Bedford Rural Electric Cooperative Inc., Blue Ridge Electric Cooperative, Inc., Bonner Electric, Inc., Broad River Electric Cooperative, Inc., Bruce-Merrilees Electric Company, Buist Electric, Inc., CBS Corporation, CSX Residual Company, Cape Hatteras Electric Membership Corporation, Cargill, Incorporated, Carlisle Syntec Incorporated, Carolina Power & Light Company, Carr and Duff, Inc., Caterpillar Inc., Central Regional Hospital, Chemical Products Corporation, Cherry Hospital, Chevron Mining, Inc., Christus Health, City of Dover, Delaware, City of Jacksonville, Florida, City of Lakeland, Florida, City of Mascoutah, Illinois, Cleveland Electric Company, Cogentrix Energy, LLC, Cohen and Green Salvage Company, Inc., ConocoPhillips Company, Consolidation Coal Company, Consumers Energy Company, Cooper Industries, Inc., Cooper Tire & Rubber Company, Cotter Electric Company, Danny Corporation, Dean's Light Box, Inc., Delmarva Power & Light Company, Dixon Lumber Company, Inc., Domtar Paper Company, LLC, Dorey Electric Company, Duke Energy Carolinas, LLC, Duquesne Light Company, East Kentucky Power Cooperative, Inc., Electric Control Equipment Co., Electric Equipment Corporation of Virginia, Endicott Clay Products Company, Environmental Protection Services, Inc., Erachem Comilog, Inc., Florida Power & Light Company, Foremost Electric & Transmission, Inc., Frontier Communications Corporation, Furman University, G&S Motor Equipment Company, Inc., GKN Driveline North American, Inc., General Electric Company, General Extrusions, Inc., Georgia Power Company, Gladieux Trading & Marketing Co., LP, and/or Limited Corporation, Glenwood Resolution Authority, Inc., Green Circle Growers, Inc., Greenwood Mills, Inc., Guernsey-Muskingum Electric Cooperative Inc., Hagerstown Light Department, Haines and Kibblehouse, Inc., Hudson Light and Power Department, Huntsville Utilities, IES Commercial, Inc., and/or Integrated Electrical Services, Inc., Imerys Carbonates, LLC, International Paper Company, International Power Machinery Company, Intertape Polymer Group, Inc., Jessop Steel, LLC, Jet Electric Motor Co., Inc., Kelly Generator & Equipment, Inc. and/or Kelly Electrical Construction, Inc. f/k/a Kelly & Bishop Electrical Construction, Inc. and/or John E. Kelly & Sons Electrical Construction Inc., Kingsport Power Company, Kobe Copper Products, Inc., Koch Industries, Inc, Kraft Foods Global, Inc., LWB Refractories Company, LaFarge Mid-Atlantic, LLC and/or Lafarge Mid-Atlantic, Inc. as successor-in-interest to or Redland Genstar, Inc. and Genstar Stone Products, Inc., Lewis Electric Supply Co., Inc., Lockwood's Electric Motor Service, 3M Company, Alcan Primary Products Corporation, Alcoa Inc., American Electric Corporation, M-P Electrical Contractors, Inc., Martin Marietta Materials, Inc., Midamerican Energy Company, Monongahela Power Company, N.L. Industries, Inc., New Southern of Rocky Mount, Inc., Niagara Mohawk Power Corporation, Norfolk Southern Railway Company, North Carolina Department of Agriculture and Consumer Services, North Carolina State University, North Georgia Electric Membership Corporation, Northrop Grumman Shipbuilding, Inc., Nucor Corporation, O'Berry Neuro-Medical Center, Occidental Chemical Corporation, Owen Electric Steel Company of South Carolina, Owen Electric Steel Company of South Carolina and/or SMI-Owen Steel Company, Inc. and/or SMI Steel, P. C. Campana, Inc., PCS Phospate Company, Inc., PPG Industries, Inc., PPL Electric Utilities Corporation, Pactiv Corporation, Palmetto Electric Cooperative, Inc., Pharmacia Corporation, Phoenix Solutions Company, Potomac Electric Power Company, Royal Street Junk Company, Inc., Santee Electric Cooperative, Inc., Sara Lee Corporation, Sonoco Products Company, South Central Power Company, Southland Electrical Supply, Inc., St. Joseph Medical Center, Inc., Sumter Electric Cooperative, Inc.(a/k/a SECO Energy), Surry-Yadkin Electric Membership Corporation, T and R Electric Supply Company, Inc., Tennessee Associated Electric, Inc. or Tennessee Associated Electric, Tennessee Electro Minerals, Inc., Tennessee Valley Authority, The Holladay Corporation(a/k/a Holladay Property Services Midwest, Inc.), Town of Blackstone, Virginia, Town of Louisburg, North Carolina, Trap Rock, Inc., Tredegar Film Products Corporation, Tri-State Armature & Electrical Works, Inc., Unimin Corporation, Union Carbide Corporation, Union Electric Company, United States Air Force, United States Central Intelligence Agency, United States Defense Logistics Agency, United States Department of the Army, United States Department of the Navy, United States Environmental Protection Agency, United Technologies Corporation, University of North Carolina at Chapel Hill, Ventech Engineers, Inc., and/or Ventech Process Equipment, Inc. and/or Ventech Equipment Inc. and/or The Ventech Companies, Veolia Environmental Services Waste-to-Energy f/k/a Montenay Power Corporation, Virginia Electric and Power Company (VEPCO), Vulcan Construction Materials, Limited Partnership, W. R. Schofield Construction Co., Inc., Warren Electric Cooperative, Inc., Wartburg College, Washington Suburban Sanitary Commission, West Penn Power Company, Weyerhaeuser Company. (Attachments: #1 Text of Proposed Order Consent Protective Order and Stipulation of Confidentiality) (Johnson, Keith)
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Filing 332
RESPONSE to Discovery Request from Rule 26(a) Initial Disclosures by Hudson Light and Power Department. (Cralle-Jones, Catherine)
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Filing 331
RESPONSE to Discovery Request from Rule 26(a) Intial Disclosures by Baltimore Gas & Electric Company. (Cralle-Jones, Catherine)
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Filing 330
NOTICE by Baltimore Gas & Electric Company Notice of Liaison Group Representation (Cralle-Jones, Catherine)
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Filing 329
FINANCIAL DISCLOSURE STATEMENT by P. C. Campana, Inc. identifying Corporate Parent P.C. CAMPANA, INC. for P. C. Campana, Inc. Associated Cases: 5:08-cv-00460-FL, 5:08-cv-00463-FL (Weir, Jeffrey)
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Filing 328
NOTICE of Appearance by Patricia P. Kerner on behalf of Virginia Electric and Power Company (VEPCO) (Kerner, Patricia)
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Filing 327
FINANCIAL DISCLOSURE STATEMENT by Wartburg College (Byrne, Michael)
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Filing 326
COUNTERCLAIM to #325 Amended Complaint and AND AMENDED CROSSCLAIMS against Appalachian Power Company, Atlantic City Electric Company, BASF Corporation, Bassett Furniture Industries, Inc., Bedford Rural Electric Cooperative Inc., Blue Ridge Electric Cooperative, Inc., Bonner Electric, Inc., Broad River Electric Cooperative, Inc., Bruce-Merrilees Electric Company, Buist Electric, Inc., Cape Hatteras Electric Membership Corporation, Cargill, Incorporated, Carlisle Syntec Incorporated, Carr and Duff, Inc., Caterpillar Inc., Chemical Products Corporation, Christus Health, City of Dover, Delaware, City of Lakeland, Florida, Cleveland Electric Company, ConocoPhillips Company, Consumers Energy Company, Danny Corporation, Dean's Light Box, Inc., Delmarva Power & Light Company, Dixon Lumber Company, Inc., Domtar Paper Company, LLC, Dorey Electric Company, Duke Energy Carolinas, LLC, Duquesne Light Company, East Kentucky Power Cooperative, Inc., Electric Control Equipment Co., Electric Equipment Corporation of Virginia, Erachem Comilog, Inc., Florida Power & Light Company, Foremost Electric & Transmission, Inc., Furman University, G&S Motor Equipment Company, Inc., GKN Driveline North American, Inc., General Extrusions, Inc., Georgia Power Company, Gladieux Trading & Marketing Co., LP, and/or Limited Corporation, Glenwood Resolution Authority, Inc., Green Circle Growers, Inc., Greenwood Mills, Inc., Guernsey-Muskingum Electric Cooperative Inc., Haines and Kibblehouse, Inc., Hudson Light and Power Department, Huntsville Utilities, IES Commercial, Inc., and/or Integrated Electrical Services, Inc., Imerys Carbonates, LLC, International Paper Company, International Power Machinery Company, Intertape Polymer Group, Inc., Jessop Steel, LLC, Jet Electric Motor Co., Inc., Kingsport Power Company, Kobe Copper Products, Inc., Kraft Foods Global, Inc., LWB Refractories Company, LaFarge Mid-Atlantic, LLC and/or Lafarge Mid-Atlantic, Inc. as successor-in-interest to or Redland Genstar, Inc. and Genstar Stone Products, Inc., Lockwood's Electric Motor Service, Martin Marietta Materials, Inc., Midamerican Energy Company, Monongahela Power Company, 3M Company, Alcan Primary Products Corporation, Apogee Coal Company, LLC, N.L. Industries, Inc., New Southern of Rocky Mount, Inc., Norfolk Southern Railway Company, North Georgia Electric Membership Corporation, Northrop Grumman Shipbuilding, Inc., Nucor Corporation, Owen Electric Steel Company of South Carolina, P. C. Campana, Inc., PPG Industries, Inc., PPL Electric Utilities Corporation, Pactiv Corporation, Palmetto Electric Cooperative, Inc., Potomac Electric Power Company, Royal Street Junk Company, Inc., Santee Electric Cooperative, Inc., Sara Lee Corporation, Sonoco Products Company, South Central Power Company, Southland Electrical Supply, Inc., St. Joseph Medical Center, Inc., Sumter Electric Cooperative, Inc., T and R Electric Supply Company, Inc., Tennessee Electro Minerals, Inc., The Holladay Corporation, Town of Blackstone, Virginia, Town of Louisburg, North Carolina, Trap Rock, Inc., Tredegar Film Products Corporation, Tri-State Armature & Electrical Works, Inc., Unimin Corporation, Union Carbide Corporation, Union Electric Company, United Technologies Corporation, Veolia Environmental Services Waste-to-Energy f/k/a Montenay Power Corporation, Virginia Electric and Power Company (VEPCO), Vulcan Construction Materials, Limited Partnership, Warren Electric Cooperative, Inc., Wartburg College, Washington Suburban Sanitary Commission, West Penn Power Company, Weyerhaeuser Company, COUNTERCLAIM against Carolina Power & Light Company by PCS Phospate Company, Inc. (Attachments: #1 Exhibit A - Articles of Merger, #2 Exhibit B - Certificate of Merger) (Story, Jane) Modified on 7/27/2010 to correct docket entry text (Baker, C.).
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Filing 325
AMENDED COMPLAINT Consolidated and Third Amended Complaint against Apogee Coal Company, LLC, Appalachian Power Company, Arkema, Inc., Atlantic City Electric Company, BASF Corporation, Baltimore Gas & Electric Company, Bassett Furniture Industries, Inc., Bayer Cropscience, Inc., Bedford Rural Electric Cooperative Inc., Blue Ridge Electric Cooperative, Inc., Bonner Electric, Inc., Broad River Electric Cooperative, Inc., Bruce-Merrilees Electric Company, Buist Electric, Inc., CBS Corporation, CSX Residual Company, Cape Hatteras Electric Membership Corporation, Cargill, Incorporated, Carlisle Syntec Incorporated, Carr and Duff, Inc., Caterpillar Inc., Central Regional Hospital, Chemical Products Corporation, Cherry Hospital, Chevron Mining, Inc., Christus Health, City of Dover, Delaware, City of Jacksonville, Florida, City of Lakeland, Florida, City of Mascoutah, Illinois, Cleveland Electric Company, Cogentrix Energy, LLC, Cohen and Green Salvage Company, Inc., ConocoPhillips Company, Consolidation Coal Company, Consumers Energy Company, Cooper Industries, Inc., Cooper Tire & Rubber Company, Cotter Electric Company, Danny Corporation, Dean's Light Box, Inc., Delmarva Power & Light Company, Dixon Lumber Company, Inc., Domtar Paper Company, LLC, Dorey Electric Company, Duke Energy Carolinas, LLC, Duquesne Light Company, East Kentucky Power Cooperative, Inc., Electric Control Equipment Co., Electric Equipment Corporation of Virginia, Endicott Clay Products Company, Environmental Protection Services, Inc., Erachem Comilog, Inc., Florida Power & Light Company, Foremost Electric & Transmission, Inc., Frontier Communications Corporation, Furman University, G&S Motor Equipment Company, Inc., GKN Driveline North American, Inc., General Electric Company, General Extrusions, Inc., Georgia Power Company, Gladieux Trading & Marketing Co., LP, and/or Limited Corporation, Glenwood Resolution Authority, Inc., Green Circle Growers, Inc., Greenwood Mills, Inc., Guernsey-Muskingum Electric Cooperative Inc., Hagerstown Light Department, Haines and Kibblehouse, Inc., Hudson Light and Power Department, Huntsville Utilities, IES Commercial, Inc., and/or Integrated Electrical Services, Inc., Imerys Carbonates, LLC, International Paper Company, International Power Machinery Company, Intertape Polymer Group, Inc., Jessop Steel, LLC, Jet Electric Motor Co., Inc., Kelly Generator & Equipment, Inc. and/or Kelly Electrical Construction, Inc. f/k/a Kelly & Bishop Electrical Construction, Inc. and/or John E. Kelly & Sons Electrical Construction Inc., Kingsport Power Company, Kobe Copper Products, Inc., Koch Industries, Inc, Kraft Foods Global, Inc., LWB Refractories Company, LaFarge Mid-Atlantic, LLC and/or Lafarge Mid-Atlantic, Inc. as successor-in-interest to or Redland Genstar, Inc. and Genstar Stone Products, Inc., Lewis Electric Supply Co., Inc., Lockwood's Electric Motor Service, M-P Electrical Contractors, Inc., Martin Marietta Materials, Inc., Midamerican Energy Company, Monongahela Power Company, 3M Company, Alcan Primary Products Corporation, Alcoa Inc., American Electric Corporation, American Skiing Company, N.L. Industries, Inc., New Southern of Rocky Mount, Inc., Niagara Mohawk Power Corporation, Norfolk Southern Railway Company, North Carolina Department of Agriculture and Consumer Services, North Carolina State University, North Georgia Electric Membership Corporation, Northrop Grumman Shipbuilding, Inc., Nucor Corporation, O'Berry Neuro-Medical Center, Occidental Chemical Corporation, Owen Electric Steel Company of South Carolina, Owen Electric Steel Company of South Carolina and/or SMI-Owen Steel Company, Inc. and/or SMI Steel, P. C. Campana, Inc., PCS Phospate Company, Inc., PPG Industries, Inc., PPL Electric Utilities Corporation, Pactiv Corporation, Palmetto Electric Cooperative, Inc., Pharmacia Corporation, Phoenix Solutions Company, Potomac Electric Power Company, Royal Street Junk Company, Inc., Santee Electric Cooperative, Inc., Sara Lee Corporation, Sonoco Products Company, South Central Power Company, Southland Electrical Supply, Inc., St. Joseph Medical Center, Inc., Sumter Electric Cooperative, Inc., Surry-Yadkin Electric Membership Corporation, T and R Electric Supply Company, Inc., Tennessee Associated Electric, Inc. or Tennessee Associated Electric, Tennessee Electro Minerals, Inc., Tennessee Valley Authority, The Holladay Corporation, Town of Blackstone, Virginia, Town of Louisburg, North Carolina, Trap Rock, Inc., Tredegar Film Products Corporation, Tri-State Armature & Electrical Works, Inc., Unimin Corporation, Union Carbide Corporation, Union Electric Company, United States Air Force, United States Central Intelligence Agency, United States Defense Logistics Agency, United States Department of the Army, United States Department of the Navy, United States Environmental Protection Agency, United Technologies Corporation, University of North Carolina at Chapel Hill, Ventech Engineers, Inc., and/or Ventech Process Equipment, Inc. and/or Ventech Equipment Inc. and/or The Ventech Companies, Veolia Environmental Services Waste-to-Energy f/k/a Montenay Power Corporation, Virginia Electric and Power Company (VEPCO), Vulcan Construction Materials, Limited Partnership, W. R. Schofield Construction Co., Inc., Warren Electric Cooperative, Inc., Wartburg College, Washington Suburban Sanitary Commission, West Penn Power Company, Weyerhaeuser Company, filed by Carolina Power & Light Company. (Attachments: #1 Exhibit A - Ward Site Photographs, #2 Exhibit B - Sample Inventory Cards, #3 Exhibit C - Modern Primo Merger Documents, #4 Exhibit D - Primo IES Merger Documents) (Smith, Christopher)
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Filing 324
NOTICE OF CORRECTION by Georgia Power Company re #321 Response - (Attachments: #1 Exhibit John W. Daniel v. Durham Public Schools Board of Education) (Parsons, Gavin).
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Filing 323
NOTICE of Appearance by Michael John Byrne on behalf of Wartburg College (Byrne, Michael)
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Filing 322
NOTICE - Sales Defendants' Statement Regarding Agreed Categories of Information and Documents to be Exchanged in Initial Informal Discovery (Smithson, Stephen) Modified on 7/22/2010 to correct docket entry text (Baker, C.).
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Filing 321
RESPONSE (Johnson/Kerner Liaison Group's Report on Disputed Document Requests) by Defendant Blue Ridge Electric Cooperative, Inc. re (312 in 5:08-cv-00460-FL) Scheduling Order, (Attachments: #1 Appendix A Defendants Objections to Plaintiffs' Proposed Document Requests, #2 Appendix B Authority for Defendants' Document Requests, #3 Appendix C Unpublished Authority, #4 Appendix D Email from Daniel Darragh, #5 Appendix E Plaintiffs' 7/19 Draft Response to Defendants' Requests for Documents, #6 Appendix F Email Exchange with Caroline Belk)Associated Cases: 5:08-cv-00460-FL, 5:08-cv-00463-FL (Fedder, Jane).
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Filing 320
NOTICE by Carolina Power & Light Company Plaintiffs' List of Categories of Documents to Be Produced by August 20, 2010 (Attachments: #1 Exhibit 1 - Plaintiffs' Proposed Categories of Documents for Initial Informal Discovery, #2 Exhibit 2 - Plaintiffs' Response to Defendants' Draft Requests for Documents) (Smith, Christopher)
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Filing 319
ORDER granting #316 Motion for Entry of Default as to Defendant Wartburg College. Signed by Clerk of Court on 07/19/2010. (Baker, C.)
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Filing 318
ORDER granting #297 Motion for Reconsideration; granting #299 Motion to Amend/Correct; and, granting #305 Motion for Reconsideration - The dismissal of the successor liability claims against IES is deemed to be without prejudice, and the moving parties are granted leave to amend their pleadings to properly set forth successor liability against IES. These parties shall file their amended pleadings within seven days from date of entry of this order. CP&L's proposed amended complaint re-asserts a claim against IES pursuant to 107, which claim was dismissed on separate grounds. In granting CP&L leave to amend, the court is not asked to reconsider this determination, and leave is granted with the caveat that CP&L's 107 claim remains dismissed as to IES. Signed by Chief Judge Louise Wood Flanagan on 07/19/2010. Copies served electronically. (Baker, C.)
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Filing 317
Declaration re #316 MOTION for Entry of Default As to Defendant Wartburg College Declaration of Caroline N. Belk by Carolina Power & Light Company. (Attachments: #1 Exhibit 1 - Affidavit of Service, #2 Exhibit 2 - Federal Express Delivery Confirmation, #3 Exhibit 3 - 6/19/09 Service Letter of Summons and Complaint) (Belk, Caroline)
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Filing 316
MOTION for Entry of Default As to Defendant Wartburg College by Carolina Power & Light Company. (Attachments: #1 Text of Proposed Order) (Belk, Caroline)
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MOTION REFERRED: #316 MOTION for Entry of Default As to Defendant Wartburg College referred to Clerk of Court. (Baker, C.).
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Filing 315
NOTICE of Appearance by Herman L. Fussell on behalf of Cleveland Electric Company (Fussell, Herman)
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Filing 314
ORDER AMENDING in part #311 Order Appointing Liaison Counsel - Signed by Chief Judge Louise Wood Flanagan on 07/08/2010. Copies served electronically. (Baker, C.)
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Motions Submitted: #299 MOTION to Amend/Correct Crossclaims Against IES Commercial, Inc. Pursuant to Rule 15(a)(2), #297 MOTION for Reconsideration re #277 Order, and #305 MOTION for Reconsideration submitted to Chief Judge Flanagan for consideration. (Baker, C.)
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Filing 313
REPLY to Response to Motion re #299 MOTION to Amend/Correct Crossclaims Against IES Commercial, Inc. Pursuant to Rule 15(a)(2), #297 MOTION for Reconsideration re #277 Order on Motion to Dismiss, Order on Motion to Dismiss/Lack of Jurisdiction - Pursuant to Rule 54(b), of the Dismissal with Prejudice filed by PCS Phospate Company, Inc. (Story, Jane)
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Filing 312
CASE MANAGEMENT ORDER: Discovery due by 11/30/2011. Mediation Deadline set for 12/15/2010. Dispositive Motions due by 1/6/2010. (The stay on filing pleadings previously imposed by the court is hereby lifted.) Trial set for 5/7/2012 before Chief Judge Louise Wood Flanagan. See attached document for further scheduling particulars. Signed by Chief Judge Louise Wood Flanagan on 06/14/2010. Copies served electronically. (Baker, C.)
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Filing 311
ORDER appointing administrative liaison counsel. Signed by Chief Judge Louise Wood Flanagan on 06/14/2010. Copies served electronically. (Baker, C.)
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Filing 310
Memorandum in Opposition re #299 MOTION to Amend/Correct Crossclaims Against IES Commercial, Inc. Pursuant to Rule 15(a)(2), #297 MOTION for Reconsideration re #277 Order, and #305 MOTION for Reconsideration. (Attachments: #1 Exhibit Unpublished Cases) (Hartley, Joan)
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Filing 309
ORDER granting #307 Motion for Extension of Time to File Response/Reply re #299 MOTION to Amend/Correct Crossclaims Against IES Commercial, Inc. Pursuant to Rule 15(a)(2) and #297 MOTION for Reconsideration re #277 Order. Responses due by 6/7/2010. Signed by Chief Judge Louise Wood Flanagan on 05/19/2010. Copies served electronically. (Baker, C.)
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Filing 308
NOTICE by Carolina Power & Light Company re #305 MOTION for Reconsideration re #299 MOTION to Amend/Correct Crossclaims Against IES Commercial, Inc. Pursuant to Rule 15(a)(2), #300 Memorandum in Support, #297 MOTION for Reconsideration re #277 Order on Motion to Dismiss,, Order on Motion MOTION for Reconsideration re #299 MOTION to Amend/Correct Crossclaims Against IES Commercial, Inc. Pursuant to Rule 15(a)(2), #300 Memorandum in Support, #297 MOTION for Reconsideration re #277 Order on Motion to Dismiss,, Order on Motion MOTION for Reconsideration re #299 MOTION to Amend/Correct Crossclaims Against IES Commercial, Inc. Pursuant to Rule 15(a)(2), #300 Memorandum in Support, #297 MOTION for Reconsideration re #277 Order on Motion to Dismiss,, Order on Motion NOTICE OF FILING CORRECTED EXHIBIT (Attachments: #1 Exhibit 1, Part 1 - Consolidated and Third Amended Complaint (proposed), #2 Exhibit 1, Part 2 - Consolidated and Third Amended Complaint (proposed), #3 Exhibit 1, Part 3 - Consolidated and Third Amended Complaint (proposed)) (Smith, Christopher)
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Motions Submitted: #307 First MOTION for Extension of Time to File Response/Reply as to #299 MOTION to Amend/Correct Crossclaims Against IES Commercial, Inc. Pursuant to Rule 15(a)(2) submitted to Chief Judge Flanagan for consideration. (Baker, C.)
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Filing 307
First MOTION for Extension of Time to File Response/Reply as to #299 MOTION to Amend/Correct Crossclaims Against IES Commercial, Inc. Pursuant to Rule 15(a)(2) (Attachments: #1 Text of Proposed Order) (Hartley, Joan)
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Filing 306
Memorandum in Support re #299 MOTION to Amend/Correct Crossclaims Against IES Commercial, Inc. Pursuant to Rule 15(a)(2), #300 Memorandum in Support, #297 MOTION for Reconsideration re #277 Order - MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTIONS FOR RECONSIDERATION AND FOR LEAVE TO AMEND filed by Carolina Power & Light Company. (Attachments: #1 Exhibit A - 7/15/99 Merger - Modern Electric, Inc. into Primo Electric, #2 Exhibit B - 9/30/07 Merger - Primo Electric into IES Commercial, #3 Exhibit C - 11/24/09 Form 8-K of Integrated Electrical Services, Inc., #4 Exhibit D - 7/10/06 Letter (Darragh to Warnock), #5 Exhibit E - 1/31/07 Letter (Darragh to Warnock)) (Smith, Christopher)
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Filing 305
MOTION for Reconsideration re #299 MOTION to Amend/Correct Crossclaims Against IES Commercial, Inc. Pursuant to Rule 15(a)(2), #300 Memorandum in Support, #297 MOTION for Reconsideration re #277 Order - NOTICE THAT PLAINTIFF JOINS IN PCS PHOSPHATE COMPANY, INC.'S APRIL 29TH MOTIONS AND PLAINTIFF'S MOTIONS FOR RECONSIDERATION AND FOR LEAVE TO AMEND by Carolina Power & Light Company. (Attachments: #1 Exhibit 1, Part 1 - Consolidated Third Amended Complaint, #2 Exhibit 1, Part 2 - Consolidated Third Amended Complaint, #3 Exhibit 1, Part 3 - Consolidated Third Amended Complaint, #4 Text of Proposed Order) (Smith, Christopher)
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Filing 304
Proposed Order by Certain Sales Defendants filed by G&S Motor Equipment Company, Inc. (Wagenbach, Jeffrey)
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Filing 303
Minute Entry for proceedings held before U.S. Magistrate Judge David W. Daniel: Status Conference held on 5/5/2010. Present-Plaintiff: Christopher Smith, Caroline Belk,Bill Pollock, Dan Darragh, Michael Ginsberg, Kelli Ovies, John Lynch, Mary Beth Deemer, Dan Kemp;Defendant: Jesse Rigsby, IV, Stephen Smithson, Carson Carmichael, Michael Byrne, Jane Fedder, Hollister Hill, Jeff Hayward, Kristin Jones, William White, Tricia Kerner, Stan Green, Keith Johnson, Will Harkins and Kurt Olson. Issues regarding division of defendants into litigation groups, discovery, depositions, streamlining pleadings, interrogatories, liaison counsel are discussed by both parties. Defendants have produced a proposed case management order, the parties have until 5/13/10 to submit to chambers changes to this proposed Order. Taken under advisement, written Memorandum & Recommendation to follow. (Court Reporter FTR.) (Powers, S.)
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Filing 302
RESPONSE by Defendant Consolidation Coal Company, Plaintiff Carolina Power & Light Company, Cross Claimant PCS Phospate Company, Inc. and Counter Claimant PCS Phospate Company, Inc. re #295 Status Report, #288 Status Report, #291 Status Report - Plaintiffs' Joint Response Regarding Case Management Issues. (Belk, Caroline)
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Filing 301
NOTICE of Appearance for non-district by Donald J. Camerson on behalf of Kraft Foods Global, Inc., 3M Company (Camerson, Donald)
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Filing 300
Memorandum in Support re #299 MOTION to Amend/Correct Crossclaims Against IES Commercial, Inc. Pursuant to Rule 15(a)(2) filed by PCS Phospate Company, Inc. (Story, Jane)
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Filing 299
MOTION to Amend/Correct Crossclaims Against IES Commercial, Inc. Pursuant to Rule 15(a)(2) by PCS Phospate Company, Inc. (Attachments: #1 Exhibit 1 (Counterclaim and Amended Crossclaims), #2 Text of Proposed Order) (Story, Jane)
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Filing 298
Memorandum in Support re #297 MOTION for Reconsideration re #277 Order - Pursuant to Rule 54(b), of the Dismissal with Prejudice filed by PCS Phospate Company, Inc. (Attachments: #1 Index and copy of unpublished cases) (Story, Jane)
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Filing 297
MOTION for Reconsideration re #277 Order - Pursuant to Rule 54(b), of the Dismissal with Prejudice of Crossclaims Against IES Commercial, Inc. by PCS Phospate Company, Inc. (Attachments: #1 Text of Proposed Order) (Story, Jane)
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Filing 296
ORDER granting #281 Motion to Withdraw as Attorney. Attorney Ryan D. Dahl terminated as counsel for Defendant PCS Phosphate Company, Inc. Signed by Chief Judge Louise Wood Flanagan on 04/29/2010. Copies served electronically. (Baker, C.)
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Filing 295
STATUS REPORT Defendant Union Electric's Individual Report Regarding Case Management Issues by Union Electric Company. Associated Cases: 5:08-cv-00460-FL, 5:08-cv-00463-FL (Rigsby, Jesse)
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Filing 294
Notice of Substitution of Counsel by Kurt J. Olson on behalf of New Southern of Rocky Mount, Inc. substituting for John J. Butler (Olson, Kurt)
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Filing 293
NOTICE by Frontier Communications Corporation (Notice of Withdrawal of Jay C. Johnson) (Cottrell, Eric)
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Filing 292
NOTICE by Frontier Communications Corporation (Notice of Withdrawal of Rodney E. Alexander) (Cottrell, Eric)
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Motions Submitted: #281 MOTION to Withdraw as Attorney submitted to Chief Judge Flanagan for consideration. (Baker, C.)
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Filing 291
STATUS REPORT Defendants' Report Regarding Case Management Issues by Owen Electric Steel Company of South Carolina, Veolia Environmental Services Waste-to-Energy f/k/a Montenay Power Corporation, International Power Machinery Company, 3M Company, Alcan Primary Products Corporation, Alcoa Inc., Apogee Coal Company, LLC, Appalachian Power Company, Arkema, Inc., Atlantic City Electric Company, Baltimore Gas & Electric Company, BASF Corporation, Bayer Cropscience, Inc., Bedford Rural Electric Cooperative Inc., Blue Ridge Electric Cooperative, Inc., Broad River Electric Cooperative, Inc., Buist Electric, Inc., Cape Hatteras Electric Membership Corporation, Cargill, Incorporated, Carlisle Syntec Incorporated, Carr and Duff, Inc., Caterpillar Inc., United Technologies Corporation, Virginia Electric and Power Company (VEPCO), Vulcan Construction Materials, Limited Partnership, Warren Electric Cooperative, Inc., Washington Suburban Sanitary Commission, Weyerhaeuser Company, Chemical Products Corporation, Christus Health, Cleveland Electric Company, Cogentrix Energy, LLC, Consumers Energy Company, Cooper Tire & Rubber Company, CSX Residual Company, Danny Corporation, Dean's Light Box, Inc., Delmarva Power & Light Company, Dixon Lumber Company, Inc., Domtar Paper Company, LLC, Duke Energy Carolinas, LLC, Duquesne Light Company, Electric Control Equipment Co., Electric Equipment Corporation of Virginia, Environmental Protection Services, Inc., Erachem Comilog, Inc., Florida Power & Light Company, Foremost Electric & Transmission, Inc., Frontier Communications Corporation, Furman University, General Electric Company, General Extrusions, Inc., Georgia Power Company, GKN Driveline North American, Inc., Gladieux Trading & Marketing Co., LP, and/or Limited Corporation, Glenwood Resolution Authority, Inc., Green Circle Growers, Inc., Greenwood Mills, Inc., Haines and Kibblehouse, Inc., Hudson Light and Power Department, International Paper Company, Intertape Polymer Group, Inc., Jessop Steel, LLC, Kingsport Power Company, Kobe Copper Products, Inc., Koch Industries, Inc, Kraft Foods Global, Inc., Lockwood's Electric Motor Service, Town of Louisburg, North Carolina, LWB Refractories Company, Martin Marietta Materials, Inc., Midamerican Energy Company, Niagara Mohawk Power Corporation, N.L. Industries, Inc., Norfolk Southern Railway Company, North Georgia Electric Membership Corporation, Northrop Grumman Shipbuilding, Inc., Nucor Corporation, Occidental Chemical Corporation, Palmetto Electric Cooperative, Inc., Pharmacia Corporation, Potomac Electric Power Company, PPG Industries, Inc., PPL Electric Utilities Corporation, Royal Street Junk Company, Inc., Santee Electric Cooperative, Inc., Sara Lee Corporation, Sonoco Products Company, Town of Blackstone, Virginia, South Central Power Company, Southland Electrical Supply, Inc., St. Joseph Medical Center, Inc., Sumter Electric Cooperative, Inc., T and R Electric Supply Company, Inc., Tennessee Electro Minerals, Inc., Trap Rock, Inc., Tredegar Film Products Corporation, Tri-State Armature & Electrical Works, Inc., Bonner Electric, Inc., Unimin Corporation, Union Carbide Corporation, City of Dover, Delaware, Huntsville Utilities, LaFarge Mid-Atlantic, LLC and/or Lafarge Mid-Atlantic, Inc. as successor-in-interest to or Redland Genstar, Inc. and Genstar Stone Products, Inc., New Southern of Rocky Mount, Inc., Ventech Engineers, Inc., and/or Ventech Process Equipment, Inc. and/or Ventech Equipment Inc. and/or The Ventech Companies, Apogee Coal Company, L.L.C., Arkema, Inc., Bayer Crop Science, Inc., Bedford Rural Electric Cooperative, Inc., Buist Electric Inc., Cargill Incorporated, Carr & Duff, Inc., Celanese Corporation, CHRISTUS Health Northern Louisiana, Cogentrix Energy, L.L.C., Danny Corp., Dean's Light Box Inc., Dixon Lumber Company, Incorporated, Domtar Paper Company, L.L.C., Duke Energy Carolinas, L.L.C., Electric Control Equipment Company, EraChem Comilog Inc., General Electric Company, General Extrusions Incorporated, Veolia Environmental Services Waste-to-Energy, Gladieux Trading & Marketing Company, L.P., Glenwood Regional Medical Center, Haines & Kibblehouse, Inc., Holladay Property Services Midwest, Inc., Jessop Steel Company n/k/a Jessop Steel, L.L.C., Koch Industries Inc., Niagara Mohawk Power Corporation d/b/a National Grid, NL Industries, Inc., Norfolk Southern Railway Company, Peace College of Raleigh, Inc., Potamac Electric Power Company, Sara Lee Corporation d/b/a Hillshire Farms, Sumter Electric Cooperative, Inc. d/b/a SECO Energy, Tennessee Electro-Minerals Inc., Trap Rock Industries Inc., Union Carbide Corporation, United Technologies Corporation, Pratt & Whitney Division, Virginia Electric And Power Company, Vulcan Construction Materials, L.P., Weyerhaeuser Company. (Attachments: #1 Exhibit A -List of Majority Defendants, #2 Exhibit B - Unpublished Cases, #3 Text of Proposed Order)Associated Cases: 5:08-cv-00460-FL, 5:08-cv-00463-FL (Johnson, Keith)
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Filing 290
NOTICE by G&S Motor Equipment Company, Inc. re #283 Notice - Proposed Order of Appointment of Administrative Liaison Counsel for Certain Sales Transaction Defendants (Gifford, William)
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Filing 289
NOTICE of Appearance for non-district by John Watson Bowers on behalf of 3M Company, Kraft Foods Global, Inc. (Bowers, John)
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Filing 288
STATUS REPORT Certain Sales Transaction Defendants' Report Regarding Preliminary Case Management Issues by G&S Motor Equipment Company, Inc. (Gifford, William)
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Filing 287
NOTICE of Appearance for non-district by Jeffrey H. Weir on behalf of P. C. Campana, Inc. (Weir, Jeffrey)
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Filing 286
NOTICE by Foremost Electric & Transmission, Inc. re #280 Notice-(other) Supplemental Notice of Deposition (Olson, Kurt)
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Filing 285
NOTICE by Town of Louisburg, North Carolina Defendants Nomination of Liaison Counsel (Johnson, Keith)
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Filing 284
STATUS REPORT Regarding Preliminary Case Management Issues by Carolina Power & Light Company, PCS Phospate Company, Inc. (Belk, Caroline)
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Filing 283
NOTICE by G&S Motor Equipment Company, Inc. Sales Transaction Defendants' Nomination of Liaison Counsel (Gifford, William)
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Filing 282
PRELIMINARY CASE MANAGEMENT ORDER - Further proceedings in these matters shall be bifurcated into separate liability and allocation phases, denominated "Phase I" and "Phase II." On or before April 16, 2010, defendants shall nominate one or more individuals to serve as liaison counsel. Plaintiffs' counsel and liaison counsel for defendants shall attend a status conference before Magistrate Judge David W. Daniel at 10:00 a.m. on May 5, 2010, at the Terry Sanford Federal Building and Courthouse, 5th Floor Courtroom. Optional advance report(s) stating position(s) on case management issues and/or suggesting additional issues requested to be discussed at conference, are due on or before 04/16/2010 for plaintiffs; 04/23/2010 for liaison counsel for defendants; and 04/30/2010 for any defendant wishing to be seperately heard. The court tentatively sets trial on the issue of liability to begin Monday, May 7, 2012. Signed by Chief Judge Louise Wood Flanagan. Copies served electronically. (Baker, C.)
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Filing 281
MOTION to Withdraw as Attorney by PCS Phospate Company, Inc. (Attachments: #1 Text of Proposed Order) (Dahl, Ryan)
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Filing 280
NOTICE by Foremost Electric & Transmission, Inc. Notice of Deposition (Olson, Kurt)
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Filing 279
NOTICE by Carolina Power & Light Company of Christopher G. Smith's Schedule for Week of April 26, 2010 (Smith, Christopher)
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Filing 278
ORDER denying as moot #273 Motion to Strike. Signed by Chief Judge Louise Wood Flanagan on 03/24/2010. Copies served electronically. (Baker, C.)
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Filing 277
ORDER - Defendants' omnibus motion to dismiss all claims (CP&L DE # 228; Consol DE # 254) is DENIED. Defendant Cogentrix's motion to dismiss for failure to join an indispensable party and failure to state a claim upon which relief can be granted is also DENIED. The motions to dismiss for lack of personal jurisdiction of defendants EKPC (CP&L DE #223; Consol DE #251) and Union Electric (CP&L DE # 225; Consol DE # 253) are DENIED without prejudice to renewal at the close of discovery or before trial. Concurring defendants' supplemental motion to dismiss plaintiffs' 107 claims (CP&L DE # 226; Consol DE # 256) is GRANTED. Plaintiffs' claims are DISMISSED as to the concurring defendants only. Cross-claimant's 107 claims are unaffected by this disposition. The State Agencies' motion to dismiss on Eleventh Amendment sovereign immunity grounds (CP&L DE # 224; Consol DE # 252) is likewise GRANTED. Furthermore, successor defendants' motions to dismiss for failure to properly allege successor liability are GRANTED. All claims and cross-claims against these defendants are DISMISSED with prejudice. The court previously stayed progress of this case pending resolution of the motions to dismiss, herein decided. A program for discovery, a process for streamlining further pleadings, and a case schedule generally remain to be decided, together with determination of liaison counsel. The stay remains in effect pending separate order to follow. Signed by Chief Judge Louise Wood Flanagan on 03/24/2010. Copies served electronically. (Baker, C.)
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Filing 276
ORDER granting #275 Motion to Take Deposition of Bob Young. Signed by Chief Judge Louise Wood Flanagan on 03/16/2010. Copies served electroincally. (Baker, C.)
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Filing 275
Joint MOTION to Take Deposition from Foremost Electric and Transmission Company Employee Bob Young by Consolidation Coal Company, Carolina Power & Light Company, PCS Phospate Company, Inc.. (Attachments: #1 Exhibit A - Affidavit of Bob Young, #2 Exhibit B - Second Affidavit of Bob Young, #3 Text of Proposed Order) (Belk, Caroline)
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Motions Submitted: #275 Joint MOTION to Take Deposition from Foremost Electric and Transmission Company Employee Bob Young submitted to Chief Judge Flanagan for consideration. (Baker, C.)
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Motions Submitted: #273 MOTION to Strike submitted to Chief Judge Flanagan for consideration. (Baker, C.)
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Filing 274
RESPONSE in Opposition re #273 MOTION to Strike #272 Notice filed by Owen Electric Steel Company of South Carolina, International Power Machinery Company, American Skiing Company, Apogee Coal Company, LLC, Appalachian Power Company, Arkema, Inc., Baltimore Gas & Electric Company, Bayer Cropscience, Inc., Bedford Rural Electric Cooperative Inc., Bruce-Merrilees Electric Company, Buist Electric, Inc., Cape Hatteras Electric Membership Corporation, Carlisle Syntec Incorporated, Carr and Duff, Inc., CBS Corporation, Vulcan Construction Materials, Limited Partnership, Warren Electric Cooperative, Inc., West Penn Power Company, Weyerhaeuser Company, Chemical Products Corporation, Christus Health, Cleveland Electric Company, Cogentrix Energy, LLC, ConocoPhillips Company, Cooper Tire & Rubber Company, CSX Residual Company, Dean's Light Box, Inc., Domtar Paper Company, LLC, Duke Energy Carolinas, LLC, Duquesne Light Company, East Kentucky Power Cooperative, Inc., Environmental Protection Services, Inc., Foremost Electric & Transmission, Inc., Frontier Communications Corporation, Furman University, General Extrusions, Inc., Georgia Power Company, Green Circle Growers, Inc., Greenwood Mills, Inc., Guernsey-Muskingum Electric Cooperative Inc., Haines and Kibblehouse, Inc., The Holladay Corporation, Hudson Light and Power Department, IES Commercial, Inc., and/or Integrated Electrical Services, Inc., International Paper Company, Intertape Polymer Group, Inc., Jessop Steel, LLC, Kingsport Power Company, Kobe Copper Products, Inc., Midamerican Energy Company, Monongahela Power Company, Norfolk Southern Railway Company, North Georgia Electric Membership Corporation, Northrop Grumman Shipbuilding, Inc., Pactiv Corporation, Palmetto Electric Cooperative, Inc., PPG Industries, Inc., Royal Street Junk Company, Inc., Santee Electric Cooperative, Inc., Sara Lee Corporation, South Central Power Company, Sumter Electric Cooperative, Inc., Tennessee Electro Minerals, Inc., Bonner Electric, Inc., Union Carbide Corporation, Huntsville Utilities, Jet Electric Motor Co., Inc., LaFarge Mid-Atlantic, LLC and/or Lafarge Mid-Atlantic, Inc. as successor-in-interest to or Redland Genstar, Inc. and Genstar Stone Products, Inc., New Southern of Rocky Mount, Inc., P. C. Campana, Inc.. (Olson, Kurt)
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Filing 273
MOTION to Strike Defendants' Notice of Subsequently Decided Controlling Authority by Carolina Power & Light Company. Responses due by 3/19/2010 (Attachments: #1 Text of Proposed Order) (Belk, Caroline)
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Filing 272
NOTICE by Owen Electric Steel Company of South Carolina, International Power Machinery Company, American Skiing Company, Apogee Coal Company, LLC, Appalachian Power Company, Arkema, Inc., Baltimore Gas & Electric Company, Bayer Cropscience, Inc., Bedford Rural Electric Cooperative Inc., Bruce-Merrilees Electric Company, Buist Electric, Inc., Cape Hatteras Electric Membership Corporation, Carlisle Syntec Incorporated, Carr and Duff, Inc., CBS Corporation, Vulcan Construction Materials, Limited Partnership, Warren Electric Cooperative, Inc., West Penn Power Company, Weyerhaeuser Company, Chemical Products Corporation, Christus Health, Cleveland Electric Company, Cogentrix Energy, LLC, ConocoPhillips Company, Cooper Tire & Rubber Company, CSX Residual Company, Dean's Light Box, Inc., Domtar Paper Company, LLC, Duke Energy Carolinas, LLC, Duquesne Light Company, East Kentucky Power Cooperative, Inc., Environmental Protection Services, Inc., Foremost Electric & Transmission, Inc., Frontier Communications Corporation, Furman University, General Extrusions, Inc., Georgia Power Company, Green Circle Growers, Inc., Greenwood Mills, Inc., Guernsey-Muskingum Electric Cooperative Inc., Haines and Kibblehouse, Inc., The Holladay Corporation, Hudson Light and Power Department, IES Commercial, Inc., and/or Integrated Electrical Services, Inc., International Paper Company, Intertape Polymer Group, Inc., Jessop Steel, LLC, Kingsport Power Company, Kobe Copper Products, Inc., Lockwood's Electric Motor Service, Midamerican Energy Company, Monongahela Power Company, Norfolk Southern Railway Company, North Georgia Electric Membership Corporation, Northrop Grumman Shipbuilding, Inc., Pactiv Corporation, Palmetto Electric Cooperative, Inc., PPG Industries, Inc., Royal Street Junk Company, Inc., Santee Electric Cooperative, Inc., Sara Lee Corporation, South Central Power Company, Sumter Electric Cooperative, Inc., Tennessee Electro Minerals, Inc., Bonner Electric, Inc., Union Carbide Corporation, Huntsville Utilities, Jet Electric Motor Co., Inc., LaFarge Mid-Atlantic, LLC and/or Lafarge Mid-Atlantic, Inc. as successor-in-interest to or Redland Genstar, Inc. and Genstar Stone Products, Inc., New Southern of Rocky Mount, Inc., P. C. Campana, Inc. re #227 Memorandum in Support (Attachments: #1 Exhibit - Niagara Mohawk Power v. Chevron U.S.) (Olson, Kurt)
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Filing 271
NOTICE of Voluntary Dismissal by Carolina Power & Light Company (Belk, Caroline)
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Motions Submitted: #228 Joint MOTION to Dismiss, #224 MOTION to Dismiss, #226 Joint MOTION to Dismiss, #223 MOTION to Dismiss, and #225 MOTION to Dismiss for Lack of Jurisdiction, and #256 Amicus Brief submitted to Chief Judge Flanagan for consideration. (Baker, C.)
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Filing 270
REPLY to Response to Motion re #223 MOTION to Dismiss Plaintiffs' Second Amended Complaints and PCS Phosphate's Cross-Claims for Lack of Personal Jurisdiction filed by East Kentucky Power Cooperative, Inc. (Attachments: #1 Affidavit of James D. Caudill, #2 Exhibit 1 to Affidavit of James Caudill, #3 Exhibit 2 to Affidavit of James D. Caudill, #4 Exhibit 3 to Affidavit of James D. Caudill, #5 Exhibit 4 to Affidavit of James D. Caudill) (Carmichael, Carson)
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Filing 269
REPLY to Response to Motion re #228 Joint MOTION to Dismiss For Failure To State Claims (Reply to Plaintiffs' Joint Response to Cogentrix's Addendum to All Defendants' Omnibus Motion to Dismiss) filed by Cogentrix Energy, LLC. (Byrne, Michael)
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Filing 268
REPLY to Response to Motion re #224 MOTION to Dismiss filed by University of North Carolina at Chapel Hill, Central Regional Hospital, Cherry Hospital, North Carolina State University, O'Berry Neuro-Medical Center. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (Byrne, Michael)
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Filing 267
REPLY to Response to Motion re #225 MOTION to Dismiss filed by Union Electric Company. (Rigsby, Jesse)
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Filing 266
REPLY to Response to Motion re #228 Joint MOTION to Dismiss For Failure To State Claims - Joint Reply to Plaintiffs' Opposition to Defendants' (Phoenix, IES and ASC's) Motion to Dismiss filed by American Skiing Company, IES Commercial, Inc., and/or Integrated Electrical Services, Inc., Phoenix Solutions Company. (Johnson, Keith)
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Filing 265
NOTICE of Appearance for non-district by John W. Kalich on behalf of Alcan Primary Products Corporation (Kalich, John)
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Filing 264
RESPONSE re #256 Response to Motion, Defendants' Response to United States as Amicus Curiae in Opposition to Omnibus Motion to Dismiss filed by Wartburg College, Washington Suburban Sanitary Commission, West Penn Power Company, Weyerhaeuser Company, Central Regional Hospital, Chemical Products Corporation, Cherry Hospital, Christus Health, Cleveland Electric Company, ConocoPhillips Company, Consumers Energy Company, Cooper Tire & Rubber Company, Danny Corporation, Dean's Light Box, Inc., Delmarva Power & Light Company, Dixon Lumber Company, Inc., Domtar Paper Company, LLC, Dorey Electric Company, Duke Energy Carolinas, LLC, Duquesne Light Company, East Kentucky Power Cooperative, Inc., Electric Control Equipment Co., Electric Equipment Corporation of Virginia, Environmental Protection Services, Inc., Erachem Comilog, Inc., Florida Power & Light Company, Foremost Electric & Transmission, Inc., Furman University, G&S Motor Equipment Company, Inc., General Extrusions, Inc., Georgia Power Company, GKN Driveline North American, Inc., Gladieux Trading & Marketing Co., LP, and/or Limited Corporation, Glenwood Resolution Authority, Inc., Green Circle Growers, Inc., Greenwood Mills, Inc., Guernsey-Muskingum Electric Cooperative Inc., Haines and Kibblehouse, Inc., The Holladay Corporation, Hudson Light and Power Department, IES Commercial, Inc., and/or Integrated Electrical Services, Inc., Imerys Carbonates, LLC, International Paper Company, Intertape Polymer Group, Inc., Jessop Steel, LLC, Kingsport Power Company, Kobe Copper Products, Inc., Kraft Foods Global, Inc., Lockwood's Electric Motor Service, Town of Louisburg, North Carolina, LWB Refractories Company, Martin Marietta Materials, Inc., Midamerican Energy Company, Monongahela Power Company, N.L. Industries, Inc., Norfolk Southern Railway Company, North Carolina State University, North Georgia Electric Membership Corporation, Nucor Corporation, O'Berry Neuro-Medical Center, Pactiv Corporation, Palmetto Electric Cooperative, Inc., Potomac Electric Power Company, PPG Industries, Inc., PPL Electric Utilities Corporation, Royal Street Junk Company, Inc., Santee Electric Cooperative, Inc., Sara Lee Corporation, Sonoco Products Company, Town of Blackstone, Virginia, South Central Power Company, Southland Electrical Supply, Inc., St. Joseph Medical Center, Inc., Sumter Electric Cooperative, Inc., T and R Electric Supply Company, Inc., Tennessee Electro Minerals, Inc., Trap Rock, Inc., Tredegar Film Products Corporation, Tri-State Armature & Electrical Works, Inc., Bonner Electric, Inc., Unimin Corporation, Union Carbide Corporation, City of Dover, Delaware, Huntsville Utilities, Jet Electric Motor Co., Inc., LaFarge Mid-Atlantic, LLC and/or Lafarge Mid-Atlantic, Inc. as successor-in-interest to or Redland Genstar, Inc. and Genstar Stone Products, Inc., New Southern of Rocky Mount, Inc., North Carolina Department of Agriculture and Consumer Services, P. C. Campana, Inc., Phoenix Solutions Company, Owen Electric Steel Company of South Carolina, Veolia Environmental Services Waste-to-Energy f/k/a Montenay Power Corporation, International Power Machinery Company, 3M Company, Alcan Primary Products Corporation, Alcoa Inc., American Skiing Company, Apogee Coal Company, LLC, Appalachian Power Company, Arkema, Inc., Atlantic City Electric Company, Baltimore Gas & Electric Company, BASF Corporation, Bayer Cropscience, Inc., Bedford Rural Electric Cooperative Inc., Blue Ridge Electric Cooperative, Inc., Broad River Electric Cooperative, Inc., Bruce-Merrilees Electric Company, Buist Electric, Inc., Cape Hatteras Electric Membership Corporation, Cargill, Incorporated, Carlisle Syntec Incorporated, Carr and Duff, Inc., Caterpillar Inc., CBS Corporation, United Technologies Corporation, University of North Carolina at Chapel Hill, Virginia Electric and Power Company (VEPCO), Vulcan Construction Materials, Limited Partnership, Warren Electric Cooperative, Inc., Cogentrix Energy, LLC, CSX Residual Company, Frontier Communications Corporation, General Electric Company, Koch Industries, Inc, Niagara Mohawk Power Corporation, Occidental Chemical Corporation, Pharmacia Corporation, Ventech Engineers, Inc., and/or Ventech Process Equipment, Inc. and/or Ventech Equipment Inc. and/or The Ventech Companies. (Attachments: #1 Exhibit 1 (unpublished case), #2 Exhibit 2 (unpublished case), #3 Exhibit 3 (notice of dismissal), #4 Exhibit 4 (US Brief), #5 Exhibit 5 (US Brief), #6 Exhibit 6 (US Brief), #7 Exhibit 7 (US Brief), #8 Exhibit 8 (US Motion), #9 Exhibit 9 (US Brief), #10 Exhibit 10 (US Motion), #11 Exhibit 11 (Unpublished case)) (Fedder, Jane)
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Filing 263
RESPONSE re #256 Response to Motion, Progress Energy Carolinas, Inc.'s Response to United States' Brief As Amicus Curiae filed by Carolina Power & Light Company. (Attachments: #1 Exhibit A - Ford Motor Co., et al. v. Michigan Consolidated Gas Co., #2 Exhibit B - U.S.D.C., et al. v. Helen Kramer, et al. v. Almo Anti-Pollution Services Corp., et al.) (Belk, Caroline)
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Filing 262
NOTICE by Washington Suburban Sanitary Commission Notice of Appearance as Co-Counsel (Fedder, Jane)
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Filing 261
NOTICE of Voluntary Dismissal by Carolina Power & Light Company (Belk, Caroline)
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Filing 260
Memorandum in Opposition re #228 Joint MOTION to Dismiss For Failure To State Claims, #230 Memorandum in Support - Joint Memorandum in Opposition to Defendants' Motion to Dismiss Based on Allegations of Corporate Successor Liability filed by PCS Phospate Company, Inc. (Attachments: #1 Exhibit 1 - Information Supporting Successor Liability, #2 Exhibit 2 - Unpublished Cases) (Story, Jane)
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Filing 259
RESPONSE to Motion re #228 Joint MOTION to Dismiss For Failure To State Claims /Plaintiffs' Joint Response to North Carolina Agencies' Motion to Dismiss for Lack of Subject Matter Jurisdiction and Failure to State a Claim Based on Eleventh Amendment Immunity filed by Carolina Power & Light Company. (Attachments: #1 Exhibit 1-Parrish v. Scudamore, et al.) (Smith, Christopher)
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Filing 258
RESPONSE to Motion re #228 Joint MOTION to Dismiss For Failure To State Claims /Plaintiffs' Joint Response to Defendant Cogentrix Energy, LLC's Motion to Dismiss for Failure to Join an Indispensable Party filed by Carolina Power & Light Company. (Attachments: #1 Index Index of Exhibits, #2 Exhibit A-Letter from Stephen Gordon to Dan Darragh, #3 Exhibit B (Part 1)-Ward Transformer Business Records, #4 Exhibit B (Part 2)-Ward Transformer Business Records, #5 Exhibit C-Letter from Dan Darragh to Cogentrix and Stephen Gordon, #6 Exhibit D-Letter from Dan Darragh to Stephen Gordon, #7 Exhibit E-Cogentrix 4/15/09 Limited Liability Company Annual Report, #8 Exhibit F-Cogentrix 8/10/09 Business Corporation North Carolina Annual Report, #9 Exhibit G-Cogentrix 11/9/07 Articles of Organization, #10 Exhibit H-Cogentrix 10/8/07 Business Corporation North Carolina Annual Report) (Smith, Christopher)
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Filing 257
Memorandum in Opposition re #228 Joint MOTION to Dismiss For Failure To State Claims /PEC, Consol, and PCS' Joint Memorandum in Opposition to Certain Defendants' Motions to Dismiss for Lack of Personal Jurisdiction filed by Carolina Power & Light Company. (Attachments: #1 Exhibit A-Records of EKPC's Transactions, #2 Exhibit B-Records of Union Electric's Transactions, #3 Exhibit C (Part 1 of 2)-Affidavit of Robert E. Ward, III, #4 Exhibit C (Part 2 of 2)-Affidavit of Robert E. Ward, III) (Belk, Caroline)
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Filing 256
RESPONSE to Motion re #228 Joint MOTION to Dismiss For Failure To State Claims - United States' Brief as Amicus Curiae filed by United States Environmental Protection Agency. (Attachments: #1 Exhibit A - Slip Opinion, Boy Blue, Inc. v. Zomba Recording, LLC, #2 Exhibit B - Unpublished Opinion, Reichhold, Inc. v. U.S. Metals Refining Co.) (Jonas, Lori)
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Filing 255
NOTICE of Appearance by Lori B. Jonas on behalf of United States Environmental Protection Agency (Jonas, Lori)
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Filing 254
REPLY to Response to Motion re #228 Joint MOTION to Dismiss For Failure To State Claims Omnibus Reply filed by Wartburg College, Washington Suburban Sanitary Commission, West Penn Power Company, Weyerhaeuser Company, Central Regional Hospital, Chemical Products Corporation, Cherry Hospital, Christus Health, Cleveland Electric Company, ConocoPhillips Company, Consumers Energy Company, Cooper Tire & Rubber Company, Danny Corporation, Dean's Light Box, Inc., Delmarva Power & Light Company, Dixon Lumber Company, Inc., Domtar Paper Company, LLC, Dorey Electric Company, Duquesne Light Company, Electric Control Equipment Co., Electric Equipment Corporation of Virginia, Environmental Protection Services, Inc., Erachem Comilog, Inc., Florida Power & Light Company, Foremost Electric & Transmission, Inc., Furman University, General Extrusions, Inc., GKN Driveline North American, Inc., Gladieux Trading & Marketing Co., LP, and/or Limited Corporation, Glenwood Resolution Authority, Inc., Green Circle Growers, Inc., Greenwood Mills, Inc., Haines and Kibblehouse, Inc., The Holladay Corporation, Hudson Light and Power Department, IES Commercial, Inc., and/or Integrated Electrical Services, Inc., Imerys Carbonates, LLC, International Paper Company, Intertape Polymer Group, Inc., Jessop Steel, LLC, Kingsport Power Company, Union Electric Company, Kobe Copper Products, Inc., Kraft Foods Global, Inc., Lockwood's Electric Motor Service, Town of Louisburg, North Carolina, LWB Refractories Company, Martin Marietta Materials, Inc., Midamerican Energy Company, Monongahela Power Company, N.L. Industries, Inc., Norfolk Southern Railway Company, North Carolina State University, North Georgia Electric Membership Corporation, Northrop Grumman Shipbuilding, Inc., Nucor Corporation, O'Berry Neuro-Medical Center, Palmetto Electric Cooperative, Inc., Potomac Electric Power Company, PPG Industries, Inc., PPL Electric Utilities Corporation, Royal Street Junk Company, Inc., Santee Electric Cooperative, Inc., Sara Lee Corporation, Sonoco Products Company, Town of Blackstone, Virginia, South Central Power Company, Southland Electrical Supply, Inc., St. Joseph Medical Center, Inc., Sumter Electric Cooperative, Inc., T and R Electric Supply Company, Inc., Tennessee Electro Minerals, Inc., Trap Rock, Inc., Tredegar Film Products Corporation, Tri-State Armature & Electrical Works, Inc., Bonner Electric, Inc., Unimin Corporation, Union Carbide Corporation, City of Dover, Delaware, Jet Electric Motor Co., Inc., LaFarge Mid-Atlantic, LLC and/or Lafarge Mid-Atlantic, Inc. as successor-in-interest to or Redland Genstar, Inc. and Genstar Stone Products, Inc., New Southern of Rocky Mount, Inc., North Carolina Department of Agriculture and Consumer Services, Phoenix Solutions Company, Veolia Environmental Services Waste-to-Energy f/k/a Montenay Power Corporation, International Power Machinery Company, 3M Company, Alcan Primary Products Corporation, Alcoa Inc., American Skiing Company, Apogee Coal Company, LLC, Appalachian Power Company, Arkema, Inc., Atlantic City Electric Company, Baltimore Gas & Electric Company, BASF Corporation, Bayer Cropscience, Inc., Bedford Rural Electric Cooperative Inc., Blue Ridge Electric Cooperative, Inc., Broad River Electric Cooperative, Inc., Bruce-Merrilees Electric Company, Buist Electric, Inc., Cape Hatteras Electric Membership Corporation, Cargill, Incorporated, Carlisle Syntec Incorporated, Carr and Duff, Inc., Caterpillar Inc., CBS Corporation, United Technologies Corporation, University of North Carolina at Chapel Hill, Virginia Electric and Power Company (VEPCO), Vulcan Construction Materials, Limited Partnership, Warren Electric Cooperative, Inc., CSX Residual Company, Frontier Communications Corporation, General Electric Company, Koch Industries, Inc, Niagara Mohawk Power Corporation, Occidental Chemical Corporation, Pharmacia Corporation, Cooper Industries, Inc., Endicott Clay Products Company, Ventech Engineers, Inc., and/or Ventech Process Equipment, Inc. and/or Ventech Equipment Inc. and/or The Ventech Companies. (Attachments: #1 Exhibit Unpublished Authorities) (Fedder, Jane)
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Filing 253
REPLY to Response to Motion re #226 Joint MOTION to Dismiss Count I of the Second Amended Complaints filed by Owen Electric Steel Company of South Carolina, International Power Machinery Company, American Skiing Company, Apogee Coal Company, LLC, Appalachian Power Company, Arkema, Inc., Baltimore Gas & Electric Company, Bayer Cropscience, Inc., Bedford Rural Electric Cooperative Inc., Bruce-Merrilees Electric Company, Buist Electric, Inc., Cape Hatteras Electric Membership Corporation, Carlisle Syntec Incorporated, Carr and Duff, Inc., Vulcan Construction Materials, Limited Partnership, Warren Electric Cooperative, Inc., West Penn Power Company, Weyerhaeuser Company, Chemical Products Corporation, Christus Health, Cleveland Electric Company, Cogentrix Energy, LLC, ConocoPhillips Company, Cooper Tire & Rubber Company, Dean's Light Box, Inc., Domtar Paper Company, LLC, Duke Energy Carolinas, LLC, Duquesne Light Company, East Kentucky Power Cooperative, Inc., Environmental Protection Services, Inc., Foremost Electric & Transmission, Inc., Frontier Communications Corporation, Furman University, General Extrusions, Inc., Georgia Power Company, Green Circle Growers, Inc., Greenwood Mills, Inc., Guernsey-Muskingum Electric Cooperative Inc., Haines and Kibblehouse, Inc., Hudson Light and Power Department, IES Commercial, Inc., and/or Integrated Electrical Services, Inc., International Paper Company, Intertape Polymer Group, Inc., Jessop Steel, LLC, Kingsport Power Company, Kobe Copper Products, Inc., Lockwood's Electric Motor Service, Midamerican Energy Company, Monongahela Power Company, Norfolk Southern Railway Company, North Georgia Electric Membership Corporation, Northrop Grumman Shipbuilding, Inc., Pactiv Corporation, Palmetto Electric Cooperative, Inc., Royal Street Junk Company, Inc., Santee Electric Cooperative, Inc., Sara Lee Corporation, South Central Power Company, Sumter Electric Cooperative, Inc., Tennessee Electro Minerals, Inc., Bonner Electric, Inc., Union Carbide Corporation, Huntsville Utilities, Jet Electric Motor Co., Inc., LaFarge Mid-Atlantic, LLC and/or Lafarge Mid-Atlantic, Inc. as successor-in-interest to or Redland Genstar, Inc. and Genstar Stone Products, Inc., New Southern of Rocky Mount, Inc., P. C. Campana, Inc.. (Hayward, Jeffrey)
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Filing 252
REPLY to Response to Motion re #228 Joint MOTION to Dismiss For Failure To State Claims Reply of the "Useful Sales Transaction Defendants" filed by Cogentrix Energy, LLC, Duke Energy Carolinas, LLC, East Kentucky Power Cooperative, Inc., G&S Motor Equipment Company, Inc., Georgia Power Company, Guernsey-Muskingum Electric Cooperative Inc., Pactiv Corporation, Huntsville Utilities, P. C. Campana, Inc.. (Attachments: #1 Exhibit Exhibit A) (Flax, Gregory)
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Filing 251
ORDER granting #249 Motion for Leave to File Excess Pages. Having considered the arguments in support of and in opposition to the motion, the court allows expanded omnibus reply in these cases not to exceed fifteen pages. Signed by Chief Judge Louise Wood Flanagan on 11/25/09. Copies served electronically. (Baker, C.)
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Filing 250
RESPONSE in Opposition re #249 MOTION for Leave to File Excess Pages filed by Carolina Power & Light Company. (Attachments: #1 Exhibit A-Consol's Response to Motion) (Smith, Christopher)
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Motions Submitted: #249 MOTION for Leave to File Excess Pages submitted to Chief Judge Flanagan for consideration. (Baker, C.)
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Filing 249
MOTION for Leave to File Excess Pages by Georgia Power Company. (Attachments: #1 Text of Proposed Order) (Parsons, Gavin)
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Filing 248
Memorandum in Opposition re #228 Joint MOTION to Dismiss For Failure To State Claims, #230 Memorandum in Support filed by PCS Phospate Company, Inc. (Attachments: #1 Index of Unpublished Cases) (Story, Jane)
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Filing 247
ORDER denying #242 Motion for Extension of Time to File Response/Reply. Where the USA's motion at issue was allowed today in separate order, in its discretion, while denying defendants' request, any party may in the event amicus brief is filed, file response not later than fourteen (14) days thereafter, not to exceed ten (10) pages. Signed by Chief Judge Louise Wood Flanagan on 11/13/09. Copies served electronically. (Baker, C.)
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Filing 246
ORDER granting #241 United States' Motion for leave to participate as amicus curiae. The United States shall file its amicus curiae briefs, or notify the Court that it has elected not to file amicus curiae briefs, on or before December 1, 2009. The Court will take no action on the defendants' omnibus motion to dismiss and motion to dismiss count 1 until that time. Signed by Chief Judge Louise Wood Flanagan on 11/13/09. Copies served electronically. (Baker, C.)
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Filing 245
RESPONSE to Motion re #226 Joint MOTION to Dismiss filed by Carolina Power & Light Company. (Attachments: #1 Exhibit A-Ford Motor Company v. Michigan Consolidated Gas Company, #2 Exhibit B-Consol Memorandum in Opposition) (Smith, Christopher)
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Filing 244
Memorandum in Opposition re #228 Joint MOTION to Dismiss For Failure To State Claims filed by Carolina Power & Light Company. (Attachments: #1 Index Index of Exhibits, #2 Exhibit A-Washington Post Article, #3 Exhibit B-NY Times Article, #4 Exhibit C-Wells v. Moen, Inc., #5 Exhibit D-Riley v. Vilsack, #6 Exhibit E-U.S. v. Washington State DOT, #7 Exhibit F-U.S. v. Halliburton Energy Servs., #8 Exhibit G-U.S. v. B&D Elec.) (Smith, Christopher)
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Motions Submitted: #242 MOTION for Extension of Time to File Response/Reply submitted to Chief Judge Flanagan for consideration. (Baker, C.)
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Filing 243
RESPONSE re #242 Response to Motion - Joint Response in Opposition to Defendants' Request for Additional Time to File Replies in Support of Defendants' Motions to Dismiss filed by Carolina Power & Light Company. (Smith, Christopher)
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Filing 242
RESPONSE to Motion re #241 MOTION seeking leave to participate as amicus curiae Defendants' Request for an Extension of Time to Respond Should the Grant the United States Leave filed by Washington Suburban Sanitary Commission, West Penn Power Company, Weyerhaeuser Company, Central Regional Hospital, Chemical Products Corporation, Cherry Hospital, Christus Health, Cleveland Electric Company, ConocoPhillips Company, Consumers Energy Company, Cooper Tire & Rubber Company, Danny Corporation, Dean's Light Box, Inc., Delmarva Power & Light Company, Dixon Lumber Company, Inc., Domtar Paper Company, LLC, Dorey Electric Company, Duke Energy Carolinas, LLC, Duquesne Light Company, East Kentucky Power Cooperative, Inc., Electric Control Equipment Co., Electric Equipment Corporation of Virginia, Environmental Protection Services, Inc., Erachem Comilog, Inc., Florida Power & Light Company, Foremost Electric & Transmission, Inc., Furman University, G&S Motor Equipment Company, Inc., General Extrusions, Inc., Georgia Power Company, GKN Driveline North American, Inc., Gladieux Trading & Marketing Co., LP, and/or Limited Corporation, Glenwood Resolution Authority, Inc., Green Circle Growers, Inc., Greenwood Mills, Inc., Haines and Kibblehouse, Inc., The Holladay Corporation, Hudson Light and Power Department, IES Commercial, Inc., and/or Integrated Electrical Services, Inc., International Paper Company, Intertape Polymer Group, Inc., Jessop Steel, LLC, Kingsport Power Company, Union Electric Company, Kobe Copper Products, Inc., Kraft Foods Global, Inc., Lockwood's Electric Motor Service, LWB Refractories Company, Midamerican Energy Company, Monongahela Power Company, N.L. Industries, Inc., Norfolk Southern Railway Company, O'Berry Neuro-Medical Center, Pactiv Corporation, Palmetto Electric Cooperative, Inc., Potomac Electric Power Company, PPG Industries, Inc., PPL Electric Utilities Corporation, Royal Street Junk Company, Inc., Santee Electric Cooperative, Inc., Sara Lee Corporation, Sonoco Products Company, South Central Power Company, Southland Electrical Supply, Inc., St. Joseph Medical Center, Inc., Sumter Electric Cooperative, Inc., T and R Electric Supply Company, Inc., Trap Rock, Inc., Tredegar Film Products Corporation, Tri-State Armature & Electrical Works, Inc., Bonner Electric, Inc., Unimin Corporation, Huntsville Utilities, Jet Electric Motor Co., Inc., LaFarge Mid-Atlantic, LLC and/or Lafarge Mid-Atlantic, Inc. as successor-in-interest to or Redland Genstar, Inc. and Genstar Stone Products, Inc., New Southern of Rocky Mount, Inc., North Carolina Department of Agriculture and Consumer Services, P. C. Campana, Inc., Phoenix Solutions Company, Owen Electric Steel Company of South Carolina, Veolia Environmental Services Waste-to-Energy f/k/a Montenay Power Corporation, International Power Machinery Company, 3M Company, Alcan Primary Products Corporation, Alcoa Inc., American Skiing Company, Apogee Coal Company, LLC, Appalachian Power Company, Arkema, Inc., Atlantic City Electric Company, Baltimore Gas & Electric Company, BASF Corporation, Bayer Cropscience, Inc., Bedford Rural Electric Cooperative Inc., Blue Ridge Electric Cooperative, Inc., Broad River Electric Cooperative, Inc., Bruce-Merrilees Electric Company, Buist Electric, Inc., Cape Hatteras Electric Membership Corporation, Cargill, Incorporated, Carlisle Syntec Incorporated, Carr and Duff, Inc., Caterpillar Inc., CBS Corporation, United Technologies Corporation, Virginia Electric and Power Company (VEPCO), Warren Electric Cooperative, Inc., Cogentrix Energy, LLC, CSX Residual Company, Frontier Communications Corporation, General Electric Company, Koch Industries, Inc, Niagara Mohawk Power Corporation, Occidental Chemical Corporation, American Electric Corporation, Pharmacia Corporation, Chevron Mining, Inc., Owen Electric Steel Company of South Carolina and/or SMI-Owen Steel Company, Inc. and/or SMI Steel, Cooper Industries, Inc., Endicott Clay Products Company, Ventech Engineers, Inc., and/or Ventech Process Equipment, Inc. and/or Ventech Equipment Inc. and/or The Ventech Companies. (Attachments: #1 Text of Proposed Order Proposed Order Granting Defendants' Request for Additional Time to Respond Should the Court Grant The United States Leave to Participate as Amicus Curiae) (Fedder, Jane) Modified on 11/12/2009 to open motion event (Baker, C.).
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NOTICE of System Test - all parties to this matter may ignore this entry unless you have been in contact with Scott Cannon at the CM/ECF Help Desk today. (Cannon, S)
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Filing 241
MOTION seeking leave to participate as amicus curiae by United States Environmental Protection Agency. (Attachments: #1 Text of Proposed Order regarding leave to participate as amicus curiae) (Renfer, R.)
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NOTICE OF DEFICIENCY re: #240 Motion for Miscellaneous Relief - This motion requests relief pertaining to documents at docket entries 255 and 257. There are no such docket entries in this case. Counsel is directed to file a corrected motion setting forth the appropriate relief requested as pertains to this case. (Baker, C.)
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Motions Submitted: #241 MOTION seeking leave to participate as amicus curiae submitted to Chief Judge Flanagan for consideration. (Baker, C.)
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Filing 240
*DOCUMENT CORRECTED AND REFILED AT DOCKET ENTRY #241 * - MOTION for leave to participate as amicus curiae by United States Environmental Protection Agency. (Attachments: #1 Text of Proposed Order Granting US Motion Seeking Leave to Participate as Amicus Curiae) (Renfer, R.) Modified on 11/12/2009 to include refiling information (Baker, C.).
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Filing 239
ORDER granting #237 Motion for Extension of Time to File Response/Reply. Plaintiffs' and Defendant/Cross-Claimant's Responses to the individual Motions to Dismiss of the Defendants listed in paragraphs 1-5 in the attached order are due on or before 12/03/09. Signed by Chief Judge Louise Wood Flanagan on 11/02/09. Copies served electronically. (Baker, C.)
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NOTICE OF DEFICIENCY re: #237 Motion for Extension of Time to File Response/Reply - This motion requests relief in related case 5:08-cv-463-FL. This motion must also be filed in that case. (Baker, C.)
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Motions Submitted: #237 Joint MOTION for Extension of Time to File submitted to Chief Judge Flanagan for consideration. (Baker, C.)
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Filing 238
ORDER - Discovery is stayed pending this court's disposition of defendants' motions to dismiss now of record. Responses to the motions as earlier provided are due on or before November 13, 2009, and any replies on or before November 30,2009. Good cause having been shown, the court extends the scope of the stay also to embrace any further responses to cross-claims of record. (See ORDER for further details regarding scope of the Court's Stay Order). Upon decision on the motions, the court promptly will address a program for discovery and related case management issues. Liaison counsel are not now appointed. Defendants will be directed to appoint liaison counsel after decision on the motions to dismiss, in recognition of defendants' similar interests with respect to the legal issues then remaining for decision. Signed by Chief Judge Louise Wood Flanagan on 10/26/09. Copies served electronically. (Baker, C.)
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Filing 237
Joint MOTION for Extension of Time to File Response/Reply as to #228 Joint MOTION to Dismiss For Failure To State Claims, #230 Memorandum in Support - (Consented to) by Carolina Power & Light Company. (Attachments: #1 Text of Proposed Order for Extension of Time) (Belk, Caroline)
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Filing 236
NOTICE of Appearance by Cynthia M. Currin on behalf of Bedford Rural Electric Cooperative Inc. (Currin, Cynthia)
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Filing 235
Memorandum in Support re #227 Memorandum in Suppor - Corrected Addendum No. 3 filed by East Kentucky Power Cooperative, Inc. (Fedder, Jane)
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Filing 234
OFFICIAL TRANSCRIPT of Status Conference Proceedings Consolidated held on 10/2/09, before Judge Daniel. Transcriber Janice Russell. 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. Please review Attorney obligations regarding the redaction of electronic transcripts of court proceedings available on the court's #website.. Redaction Request due 11/5/2009. Redacted Transcript Deadline set for 11/16/2009. Release of Transcript Restriction set for 1/13/2010. (Steele, F.).
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NOTICE of Filing of Official Transcript #234 Transcript,,. The parties have seven calendar days from the filing of the transcript to file a Notice of Intent to Request Redaction. The parties must also serve a copy on the court reporter or transcriber. After filing the Notice of Intent to Request Redaction, a party must submit to the court reporter or transcriber, within 21 calendar days of the filing of the transcript, a written statement indicating where the personal data identifiers to be redacted appear in the transcript. (Steele, F.)
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Filing 233
NOTICE by Owen Electric Steel Company of South Carolina, International Power Machinery Company, American Skiing Company, Apogee Coal Company, LLC, Appalachian Power Company, Arkema, Inc., Baltimore Gas & Electric Company, Bayer Cropscience, Inc., Bedford Rural Electric Cooperative Inc., Bruce-Merrilees Electric Company, Buist Electric, Inc., Cape Hatteras Electric Membership Corporation, Carlisle Syntec Incorporated, Carr and Duff, Inc., CBS Corporation, Vulcan Construction Materials, Limited Partnership, Warren Electric Cooperative, Inc., West Penn Power Company, Weyerhaeuser Company, Chemical Products Corporation, Christus Health, Cleveland Electric Company, Cogentrix Energy, LLC, ConocoPhillips Company, Cooper Tire & Rubber Company, CSX Residual Company, Dean's Light Box, Inc., Domtar Paper Company, LLC, Duke Energy Carolinas, LLC, Duquesne Light Company, East Kentucky Power Cooperative, Inc., Environmental Protection Services, Inc., Foremost Electric & Transmission, Inc., Frontier Communications Corporation, Furman University, General Extrusions, Inc., Georgia Power Company, Green Circle Growers, Inc., Greenwood Mills, Inc., Guernsey-Muskingum Electric Cooperative Inc., Haines and Kibblehouse, Inc., The Holladay Corporation, Hudson Light and Power Department, IES Commercial, Inc., and/or Integrated Electrical Services, Inc., International Paper Company, Intertape Polymer Group, Inc., Jessop Steel, LLC, Kingsport Power Company, Kobe Copper Products, Inc., Lockwood's Electric Motor Service, Midamerican Energy Company, Monongahela Power Company, Norfolk Southern Railway Company, North Georgia Electric Membership Corporation, Northrop Grumman Shipbuilding, Inc., Pactiv Corporation, Palmetto Electric Cooperative, Inc., PPG Industries, Inc., Royal Street Junk Company, Inc., Santee Electric Cooperative, Inc., Sara Lee Corporation, South Central Power Company, Sumter Electric Cooperative, Inc., Tennessee Electro Minerals, Inc., Bonner Electric, Inc., Union Carbide Corporation, Huntsville Utilities, Jet Electric Motor Co., Inc., LaFarge Mid-Atlantic, LLC and/or Lafarge Mid-Atlantic, Inc. as successor-in-interest to or Redland Genstar, Inc. and Genstar Stone Products, Inc., New Southern of Rocky Mount, Inc., P. C. Campana, Inc. re #227 Memorandum in Support - Unpublished Cases (Attachments: #1 Supplement Unpublished Case 1, Part 2, #2 Supplement Unpublished Case 2, Part 1, #3 Supplement Unpublished Case 2, Part 2) (Olson, Kurt)
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Filing 232
NOTICE of Appearance for non-district by Jeffrey H. Weir on behalf of P. C. Campana, Inc. (Weir, Jeffrey)
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Filing 231
Proposed Order re #225 MOTION to Dismiss for Lack of Jurisdiction under FRCP 12(b)(2) and in the Alternative and in the Alternative MOTION to Dismiss under FRCP 12(b)(6) for Failure to State Claims for Relief filed by Union Electric Company. (Rigsby, Jesse)
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Filing 230
Memorandum in Support re #228 Joint MOTION to Dismiss For Failure To State Claims filed by Wartburg College, Washington Suburban Sanitary Commission, West Penn Power Company, Weyerhaeuser Company, Central Regional Hospital, Chemical Products Corporation, Cherry Hospital, Christus Health, Cleveland Electric Company, ConocoPhillips Company, Consumers Energy Company, Cooper Tire & Rubber Company, Danny Corporation, Dean's Light Box, Inc., Delmarva Power & Light Company, Dixon Lumber Company, Inc., Domtar Paper Company, LLC, Dorey Electric Company, Duke Energy Carolinas, LLC, Duquesne Light Company, East Kentucky Power Cooperative, Inc., Electric Control Equipment Co., Electric Equipment Corporation of Virginia, Environmental Protection Services, Inc., Erachem Comilog, Inc., Florida Power & Light Company, Foremost Electric & Transmission, Inc., Furman University, G&S Motor Equipment Company, Inc., General Extrusions, Inc., Georgia Power Company, GKN Driveline North American, Inc., Gladieux Trading & Marketing Co., LP, and/or Limited Corporation, Glenwood Resolution Authority, Inc., Green Circle Growers, Inc., Greenwood Mills, Inc., Guernsey-Muskingum Electric Cooperative Inc., Haines and Kibblehouse, Inc., The Holladay Corporation, Hudson Light and Power Department, IES Commercial, Inc., and/or Integrated Electrical Services, Inc., Imerys Carbonates, LLC, International Paper Company, Intertape Polymer Group, Inc., Jessop Steel, LLC, Kingsport Power Company, Union Electric Company, Kobe Copper Products, Inc., Kraft Foods Global, Inc., Lockwood's Electric Motor Service, Town of Louisburg, North Carolina, LWB Refractories Company, Martin Marietta Materials, Inc., Midamerican Energy Company, Monongahela Power Company, N.L. Industries, Inc., Norfolk Southern Railway Company, North Carolina State University, North Georgia Electric Membership Corporation, Northrop Grumman Shipbuilding, Inc., Nucor Corporation, O'Berry Neuro-Medical Center, Pactiv Corporation, Palmetto Electric Cooperative, Inc., Potomac Electric Power Company, PPL Electric Utilities Corporation, Royal Street Junk Company, Inc., Santee Electric Cooperative, Inc., Sara Lee Corporation, Sonoco Products Company, Town of Blackstone, Virginia, South Central Power Company, Southland Electrical Supply, Inc., St. Joseph Medical Center, Inc., Sumter Electric Cooperative, Inc., T and R Electric Supply Company, Inc., Tennessee Electro Minerals, Inc., Trap Rock, Inc., Tredegar Film Products Corporation, Tri-State Armature & Electrical Works, Inc., Bonner Electric, Inc., Unimin Corporation, Union Carbide Corporation, City of Dover, Delaware, Huntsville Utilities, Jet Electric Motor Co., Inc., LaFarge Mid-Atlantic, LLC and/or Lafarge Mid-Atlantic, Inc. as successor-in-interest to or Redland Genstar, Inc. and Genstar Stone Products, Inc., New Southern of Rocky Mount, Inc., North Carolina Department of Agriculture and Consumer Services, P. C. Campana, Inc., Phoenix Solutions Company, Owen Electric Steel Company of South Carolina, Veolia Environmental Services Waste-to-Energy f/k/a Montenay Power Corporation, International Power Machinery Company, 3M Company, Alcan Primary Products Corporation, Alcoa Inc., American Skiing Company, Apogee Coal Company, LLC, Appalachian Power Company, Arkema, Inc., Atlantic City Electric Company, Baltimore Gas & Electric Company, BASF Corporation, Bayer Cropscience, Inc., Bedford Rural Electric Cooperative Inc., Blue Ridge Electric Cooperative, Inc., Broad River Electric Cooperative, Inc., Bruce-Merrilees Electric Company, Buist Electric, Inc., Cape Hatteras Electric Membership Corporation, Cargill, Incorporated, Carlisle Syntec Incorporated, Carr and Duff, Inc., Caterpillar Inc., CBS Corporation, United Technologies Corporation, University of North Carolina at Chapel Hill, Virginia Electric and Power Company (VEPCO), Vulcan Construction Materials, Limited Partnership, Warren Electric Cooperative, Inc., Cogentrix Energy, LLC, CSX Residual Company, Frontier Communications Corporation, General Electric Company, Koch Industries, Inc, Niagara Mohawk Power Corporation, Occidental Chemical Corporation, Pharmacia Corporation, Chevron Mining, Inc., Ventech Engineers, Inc., and/or Ventech Process Equipment, Inc. and/or Ventech Equipment Inc. and/or The Ventech Companies. (Attachments: #1 Exhibit 1 Part 1, #2 Exhibit 1 Part 2, #3 Exhibit 2-A, #4 Exhibit 2-B, #5 Exhibit 2-C, #6 Exhibit 2-D, #7 Exhibit 2-E, #8 Supplement Addendum to Omnibus Motion to Dismiss) (Fedder, Jane)
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Filing 229
Proposed Order re #226 Joint MOTION to Dismiss filed by Owen Electric Steel Company of South Carolina, International Power Machinery Company, American Skiing Company, Apogee Coal Company, LLC, Appalachian Power Company, Arkema, Inc., Baltimore Gas & Electric Company, Bayer Cropscience, Inc., Bedford Rural Electric Cooperative Inc., Bruce-Merrilees Electric Company, Buist Electric, Inc., Cape Hatteras Electric Membership Corporation, Carlisle Syntec Incorporated, Carr and Duff, Inc., CBS Corporation, Vulcan Construction Materials, Limited Partnership, Warren Electric Cooperative, Inc., West Penn Power Company, Weyerhaeuser Company, Chemical Products Corporation, Christus Health, Cleveland Electric Company, Cogentrix Energy, LLC, ConocoPhillips Company, Cooper Tire & Rubber Company, CSX Residual Company, Dean's Light Box, Inc., Domtar Paper Company, LLC, Duke Energy Carolinas, LLC, Duquesne Light Company, East Kentucky Power Cooperative, Inc., Environmental Protection Services, Inc., Foremost Electric & Transmission, Inc., Frontier Communications Corporation, Furman University, General Extrusions, Inc., Georgia Power Company, Green Circle Growers, Inc., Greenwood Mills, Inc., Guernsey-Muskingum Electric Cooperative Inc., Haines and Kibblehouse, Inc., The Holladay Corporation, Hudson Light and Power Department, IES Commercial, Inc., and/or Integrated Electrical Services, Inc., International Paper Company, Intertape Polymer Group, Inc., Jessop Steel, LLC, Kingsport Power Company, Kobe Copper Products, Inc., Lockwood's Electric Motor Service, Midamerican Energy Company, Monongahela Power Company, Norfolk Southern Railway Company, North Georgia Electric Membership Corporation, Northrop Grumman Shipbuilding, Inc., Pactiv Corporation, Palmetto Electric Cooperative, Inc., PPG Industries, Inc., Royal Street Junk Company, Inc., Santee Electric Cooperative, Inc., Sara Lee Corporation, South Central Power Company, Sumter Electric Cooperative, Inc., Tennessee Electro Minerals, Inc., Bonner Electric, Inc., Union Carbide Corporation, Huntsville Utilities, Jet Electric Motor Co., Inc., LaFarge Mid-Atlantic, LLC and/or Lafarge Mid-Atlantic, Inc. as successor-in-interest to or Redland Genstar, Inc. and Genstar Stone Products, Inc., New Southern of Rocky Mount, Inc., P. C. Campana, Inc. (Olson, Kurt)
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Filing 228
Joint MOTION to Dismiss For Failure To State Claims by Wartburg College, Washington Suburban Sanitary Commission, West Penn Power Company, Weyerhaeuser Company, Central Regional Hospital, Chemical Products Corporation, Cherry Hospital, Christus Health, Cleveland Electric Company, ConocoPhillips Company, Consumers Energy Company, Cooper Tire & Rubber Company, Danny Corporation, Dean's Light Box, Inc., Delmarva Power & Light Company, Dixon Lumber Company, Inc., Domtar Paper Company, LLC, Dorey Electric Company, Duke Energy Carolinas, LLC, Duquesne Light Company, East Kentucky Power Cooperative, Inc., Electric Control Equipment Co., Electric Equipment Corporation of Virginia, Environmental Protection Services, Inc., Erachem Comilog, Inc., Florida Power & Light Company, Foremost Electric & Transmission, Inc., Furman University, G&S Motor Equipment Company, Inc., General Extrusions, Inc., Georgia Power Company, GKN Driveline North American, Inc., Gladieux Trading & Marketing Co., LP, and/or Limited Corporation, Glenwood Resolution Authority, Inc., Green Circle Growers, Inc., Greenwood Mills, Inc., Guernsey-Muskingum Electric Cooperative Inc., Haines and Kibblehouse, Inc., The Holladay Corporation, Hudson Light and Power Department, IES Commercial, Inc., and/or Integrated Electrical Services, Inc., Imerys Carbonates, LLC, International Paper Company, Intertape Polymer Group, Inc., Jessop Steel, LLC, Kingsport Power Company, Union Electric Company, Kobe Copper Products, Inc., Kraft Foods Global, Inc., Lockwood's Electric Motor Service, Town of Louisburg, North Carolina, LWB Refractories Company, Martin Marietta Materials, Inc., Midamerican Energy Company, Monongahela Power Company, N.L. Industries, Inc., Norfolk Southern Railway Company, North Carolina State University, North Georgia Electric Membership Corporation, Northrop Grumman Shipbuilding, Inc., Nucor Corporation, O'Berry Neuro-Medical Center, Pactiv Corporation, Palmetto Electric Cooperative, Inc., Potomac Electric Power Company, PPL Electric Utilities Corporation, Royal Street Junk Company, Inc., Santee Electric Cooperative, Inc., Sara Lee Corporation, Sonoco Products Company, Town of Blackstone, Virginia, South Central Power Company, Southland Electrical Supply, Inc., St. Joseph Medical Center, Inc., Sumter Electric Cooperative, Inc., T and R Electric Supply Company, Inc., Tennessee Electro Minerals, Inc., Trap Rock, Inc., Tredegar Film Products Corporation, Tri-State Armature & Electrical Works, Inc., Bonner Electric, Inc., Unimin Corporation, Union Carbide Corporation, City of Dover, Delaware, Huntsville Utilities, Jet Electric Motor Co., Inc., LaFarge Mid-Atlantic, LLC and/or Lafarge Mid-Atlantic, Inc. as successor-in-interest to or Redland Genstar, Inc. and Genstar Stone Products, Inc., New Southern of Rocky Mount, Inc., North Carolina Department of Agriculture and Consumer Services, P. C. Campana, Inc., Phoenix Solutions Company, Owen Electric Steel Company of South Carolina, Veolia Environmental Services Waste-to-Energy f/k/a Montenay Power Corporation, International Power Machinery Company, 3M Company, Alcan Primary Products Corporation, Alcoa Inc., American Skiing Company, Apogee Coal Company, LLC, Appalachian Power Company, Arkema, Inc., Atlantic City Electric Company, Baltimore Gas & Electric Company, BASF Corporation, Bayer Cropscience, Inc., Bedford Rural Electric Cooperative Inc., Blue Ridge Electric Cooperative, Inc., Broad River Electric Cooperative, Inc., Bruce-Merrilees Electric Company, Buist Electric, Inc., Cape Hatteras Electric Membership Corporation, Cargill, Incorporated, Carlisle Syntec Incorporated, Carr and Duff, Inc., Caterpillar Inc., CBS Corporation, United Technologies Corporation, University of North Carolina at Chapel Hill, Virginia Electric and Power Company (VEPCO), Vulcan Construction Materials, Limited Partnership, Warren Electric Cooperative, Inc., Cogentrix Energy, LLC, CSX Residual Company, Frontier Communications Corporation, General Electric Company, Koch Industries, Inc, Niagara Mohawk Power Corporation, Occidental Chemical Corporation, Pharmacia Corporation, Ventech Engineers, Inc., and/or Ventech Process Equipment, Inc. and/or Ventech Equipment Inc. and/or The Ventech Companies. Responses due by 11/13/2009 (Attachments: #1 Text of Proposed Order) (Fedder, Jane)
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Filing 227
Memorandum in Support re #226 Joint MOTION to Dismiss filed by Owen Electric Steel Company of South Carolina, International Power Machinery Company, Apogee Coal Company, LLC, Appalachian Power Company, Arkema, Inc., Baltimore Gas & Electric Company, Bayer Cropscience, Inc., Bedford Rural Electric Cooperative Inc., Bruce-Merrilees Electric Company, Buist Electric, Inc., Cape Hatteras Electric Membership Corporation, Carlisle Syntec Incorporated, Carr and Duff, Inc., CBS Corporation, Vulcan Construction Materials, Limited Partnership, Warren Electric Cooperative, Inc., West Penn Power Company, Weyerhaeuser Company, Chemical Products Corporation, Christus Health, Cleveland Electric Company, Cogentrix Energy, LLC, ConocoPhillips Company, Cooper Tire & Rubber Company, CSX Residual Company, Dean's Light Box, Inc., Domtar Paper Company, LLC, Duke Energy Carolinas, LLC, Duquesne Light Company, East Kentucky Power Cooperative, Inc., Environmental Protection Services, Inc., Foremost Electric & Transmission, Inc., Frontier Communications Corporation, Furman University, General Extrusions, Inc., Georgia Power Company, Green Circle Growers, Inc., Greenwood Mills, Inc., Guernsey-Muskingum Electric Cooperative Inc., Haines and Kibblehouse, Inc., The Holladay Corporation, Hudson Light and Power Department, IES Commercial, Inc., and/or Integrated Electrical Services, Inc., International Paper Company, Intertape Polymer Group, Inc., Jessop Steel, LLC, Kingsport Power Company, Kobe Copper Products, Inc., Lockwood's Electric Motor Service, Midamerican Energy Company, Monongahela Power Company, Norfolk Southern Railway Company, North Georgia Electric Membership Corporation, Northrop Grumman Shipbuilding, Inc., Pactiv Corporation, Palmetto Electric Cooperative, Inc., PPG Industries, Inc., Royal Street Junk Company, Inc., Santee Electric Cooperative, Inc., Sara Lee Corporation, South Central Power Company, Sumter Electric Cooperative, Inc., Tennessee Electro Minerals, Inc., Bonner Electric, Inc., Union Carbide Corporation, Huntsville Utilities, Jet Electric Motor Co., Inc., LaFarge Mid-Atlantic, LLC and/or Lafarge Mid-Atlantic, Inc. as successor-in-interest to or Redland Genstar, Inc. and Genstar Stone Products, Inc., New Southern of Rocky Mount, Inc., P. C. Campana, Inc. (Olson, Kurt)
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Filing 226
Joint MOTION to Dismiss by Owen Electric Steel Company of South Carolina, International Power Machinery Company, American Skiing Company, Apogee Coal Company, LLC, Appalachian Power Company, Arkema, Inc., Baltimore Gas & Electric Company, Bayer Cropscience, Inc., Bedford Rural Electric Cooperative Inc., Bruce-Merrilees Electric Company, Buist Electric, Inc., Cape Hatteras Electric Membership Corporation, Carlisle Syntec Incorporated, Carr and Duff, Inc., CBS Corporation, Vulcan Construction Materials, Limited Partnership, Warren Electric Cooperative, Inc., West Penn Power Company, Weyerhaeuser Company, Chemical Products Corporation, Christus Health, Cleveland Electric Company, Cogentrix Energy, LLC, ConocoPhillips Company, Cooper Tire & Rubber Company, CSX Residual Company, Dean's Light Box, Inc., Domtar Paper Company, LLC, Duke Energy Carolinas, LLC, Duquesne Light Company, East Kentucky Power Cooperative, Inc., Environmental Protection Services, Inc., Foremost Electric & Transmission, Inc., Frontier Communications Corporation, Furman University, General Extrusions, Inc., Georgia Power Company, Green Circle Growers, Inc., Greenwood Mills, Inc., Guernsey-Muskingum Electric Cooperative Inc., Haines and Kibblehouse, Inc., Hudson Light and Power Department, IES Commercial, Inc., and/or Integrated Electrical Services, Inc., International Paper Company, Intertape Polymer Group, Inc., Jessop Steel, LLC, Kingsport Power Company, Union Electric Company, Kobe Copper Products, Inc., Lockwood's Electric Motor Service, Midamerican Energy Company, Monongahela Power Company, Norfolk Southern Railway Company, North Georgia Electric Membership Corporation, Northrop Grumman Shipbuilding, Inc., Pactiv Corporation, Palmetto Electric Cooperative, Inc., PPG Industries, Inc., Royal Street Junk Company, Inc., Santee Electric Cooperative, Inc., Sara Lee Corporation, South Central Power Company, Sumter Electric Cooperative, Inc., Tennessee Electro Minerals, Inc., Bonner Electric, Inc., Union Carbide Corporation, Huntsville Utilities, Jet Electric Motor Co., Inc., LaFarge Mid-Atlantic, LLC and/or Lafarge Mid-Atlantic, Inc. as successor-in-interest to or Redland Genstar, Inc. and Genstar Stone Products, Inc., New Southern of Rocky Mount, Inc., P. C. Campana, Inc. Responses due by 11/13/2009 (Olson, Kurt)
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Filing 225
MOTION to Dismiss for Lack of Jurisdiction under FRCP 12(b)(2) and in the Alternative, MOTION to Dismiss under FRCP 12(b)(6) for Failure to State Claims for Relief by Union Electric Company. Responses due by 11/13/2009 (Attachments: #1 Exhibit 1 -- Affidavit in Support of Union Electric's Motion to Dismiss) (Rigsby, Jesse)
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Filing 224
MOTION to Dismiss by University of North Carolina at Chapel Hill, Central Regional Hospital, Cherry Hospital, North Carolina State University, O'Berry Neuro-Medical Center, North Carolina Department of Agriculture and Consumer Services. (Byrne, Michael)
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Filing 223
MOTION to Dismiss Plaintiffs' Second Amended Complaints and PCS Phosphate's Cross-Claims for Lack of Personal Jurisdiction by East Kentucky Power Cooperative, Inc. (Attachments: #1 Text of Proposed Order) (Carmichael, Carson)
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Filing 222
NOTICE of Appearance for non-district by Bonnie Allyn Barnett on behalf of Trap Rock, Inc. (Barnett, Bonnie)
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Filing 221
NOTICE of Appearance for non-district by Bonnie Allyn Barnett on behalf of Trap Rock, Inc. (Barnett, Bonnie)
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Filing 220
NOTICE of Appearance by Sara Wyche Higgins on behalf of Trap Rock, Inc. (Higgins, Sara)
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Filing 219
ORDER granting #218 Motion for Leave to File Excess Pages. Signed by Chief Judge Louise Wood Flanagan on 10/09/09. Copies served electronically. (Baker, C.)
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Motions Submitted: #218 MOTION for Leave to File Excess Pages Defendants' Motion For Waiver Of The Page Limits for Their Forthcoming Omnibus Motion to Dismiss submitted to Chief Judge Flanagan for consideration. (Baker, C.)
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Filing 218
MOTION for Leave to File Excess Pages Defendants' Motion For Waiver Of The Page Limits for Their Forthcoming Omnibus Motion to Dismiss by Georgia Power Company. (Attachments: #1 Text of Proposed Order Granting Defendants' Motion) (Parsons, Gavin)
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Filing 217
NOTICE of Appearance by Bonnie Allyn Barnett on behalf of Niagara Mohawk Power Corporation (Barnett, Bonnie)
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Filing 216
NOTICE of Appearance by Bonnie Allyn Barnett on behalf of PPL Electric Utilities Corporation (Barnett, Bonnie)
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Filing 215
FINANCIAL DISCLOSURE STATEMENT by ConocoPhillips Company. Associated Cases: 5:08-cv-00463-FL, 5:08-cv-00460-FL (DeGeorge, R.)
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Filing 214
CORRECTED OFFICIAL TRANSCRIPT of THE CONSOLIDATED INITIAL CONFERENCE Proceedings held on 8/18/09, before Judge Louise Flanagan and David Daniel Magistrate Judge, Sitting. Court Reporter/Transcriber Patricia Elliott. 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. Please review Attorney obligations regarding the redaction of electronic transcripts of court proceedings available on the court's #website.. Redaction Request due 10/28/2009. Redacted Transcript Deadline set for 11/9/2009. Release of Transcript Restriction set for 1/5/2010. (Steele, F.)
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NOTICE of Filing of Official Transcript #214 Transcript,,,. The parties have seven calendar days from the filing of the transcript to file a Notice of Intent to Request Redaction. The parties must also serve a copy on the court reporter or transcriber. After filing the Notice of Intent to Request Redaction, a party must submit to the court reporter or transcriber, within 21 calendar days of the filing of the transcript, a written statement indicating where the personal data identifiers to be redacted appear in the transcript. (Steele, F.)
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Filing 213
OFFICIAL TRANSCRIPT of the Consolidated Initial Conference Proceedings held on 8/18/09, before Judge Flanagan. Court Reporter Patricia Elliott. 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. Please review Attorney obligations regarding the redaction of electronic transcripts of court proceedings available on the court's #website.. Redaction Request due 10/26/2009. Redacted Transcript Deadline set for 11/5/2009. Release of Transcript Restriction set for 1/3/2010. (Steele, F.)
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NOTICE of Filing of Official Transcript #213 Transcript,,,. The parties have seven calendar days from the filing of the transcript to file a Notice of Intent to Request Redaction. The parties must also serve a copy on the court reporter or transcriber. After filing the Notice of Intent to Request Redaction, a party must submit to the court reporter or transcriber, within 21 calendar days of the filing of the transcript, a written statement indicating where the personal data identifiers to be redacted appear in the transcript. (Steele, F.)
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NOTICE OF CORRECTION re: #213 Transcript,,, Cover sheet does not include case 5:08-CV-463-FL - Court Reporter will resubmit a corrected transcript. (Steele, F.)
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Filing 211
Minute Entry for proceedings held before U.S. Magistrate Judge David W. Daniel in Raleigh, NC: Status Conference held on 10/2/2009. Issues bearing on case management and scheduling addressed. Deadline for Motions to Dismiss - 10/13/2009. Responses due - 11/13/2009. Replies due - 11/30/2009. (Court Reporter FTR Gold.) (Baker, C.)
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Filing 210
RESPONSE re #129 Order Setting Hearing - DEFENDANTS' JOINT RESPONSE TO PLAINTIFFS' AND CROSSCLAIM PLAINTIFFS' JOINT SUBMISSION OF CASE MANAGEMENT ISSUES filed by Atlantic City Electric Company, Blue Ridge Electric Cooperative, Inc., Broad River Electric Cooperative, Inc., Cargill, Incorporated, United Technologies Corporation, Central Regional Hospital, Cherry Hospital, Consumers Energy Company, Danny Corporation, Delmarva Power & Light Company, Dixon Lumber Company, Inc., Dorey Electric Company, Electric Control Equipment Co., Electric Equipment Corporation of Virginia, Florida Power & Light Company, General Electric Company, GKN Driveline North American, Inc., Gladieux Trading & Marketing Co., LP, and/or Limited Corporation, Glenwood Resolution Authority, Inc., Town of Louisburg, North Carolina, LWB Refractories Company, O'Berry Neuro-Medical Center, Occidental Chemical Corporation, Pharmacia Corporation, Potomac Electric Power Company, Sonoco Products Company, Southland Electrical Supply, Inc., St. Joseph Medical Center, Inc., T and R Electric Supply Company, Inc., Tri-State Armature & Electrical Works, Inc., Unimin Corporation, North Carolina Department of Agriculture and Consumer Services, Phoenix Solutions Company. (Johnson, Keith)
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Filing 209
Order Setting Hearings - The status conference presently set for October 2, 2009, at 10:00 a.m. in Wilson, North Carolina will, for the convenience of counsel, be moved to 1:30 p.m. on October 2, 2009, in Courtroom #1, 7th floor of the Terry Sanford Federal Building in Raleigh, North Carolina. Signed by U.S Magistrate Judge David W. Daniel on 09/30/09. Copies served electronically. (Baker, C.)
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Filing 212
Plaintiff's and PCS Phosphate's Joint Submission of Case Management Issues for Consideration at the October 2, 2009 Status Conference by Carolina Power & Light Company, Consolidation Coal Company, PCS Phospate Company, Inc. (Filed pursuant to directive from the Court.) (Baker, C.)
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Filing 208
FINANCIAL DISCLOSURE STATEMENT by Midamerican Energy Company identifying Corporate Parent MidAmerican Energy Holdings Company, Corporate Parent MHEC Inc., Corporate Parent MidAmerican Funding, LLC, Corporate Parent Berkshire Hathaway, Inc. for Midamerican Energy Company. (Olson, Kurt)
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Filing 207
FINANCIAL DISCLOSURE STATEMENT by Frontier Communications Corporation identifying Corporate Parent Frontier Communications Corporation for Frontier Communications Corporation. (Cottrell, Eric)
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Filing 206
FINANCIAL DISCLOSURE STATEMENT by Bayer Cropscience, Inc. identifying Corporate Parent Bayer CropScience Holding SA for Bayer Cropscience, Inc. (Olson, Kurt)
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Filing 205
NOTICE of Appearance by Mary Maclean D Asbill on behalf of Domtar Paper Company, LLC (Asbill, Mary)
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Filing 204
NOTICE of Appearance by Carson Carmichael, III on behalf of East Kentucky Power Cooperative, Inc. (Carmichael, Carson)
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Filing 203
NOTICE of Appearance by Dennis P. Reis on behalf of Domtar Paper Company, LLC (Reis, Dennis)
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Filing 202
ORDER granting #188 Motion for Entry of an Order Regarding Responsive Pleadings. Per this Court's Minute Entry docketed on August 19, 2009, PCS Phosphate Company, Inc. is required to file any counterclaim or cross-claim it intends to lodge on or before September 15, 2009. Motions to Dismiss are due within 4 weeks of that deadline. No other Defendant is required to file a responsive pleading until after the Motions to Dismiss are resolved. A process for streamlining further pleadings will be the subject of future Case Management Orders, if necessary. Signed by Chief Judge Louise Wood Flanagan on 09/18/09. Copies served electronically. (Baker, C.)
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Filing 201
NOTICE of Change of Address by Stanley B. Green (Green, Stanley)
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Filing 200
NOTICE of Appearance by Marcus A. Manos on behalf of IES Commercial, Inc., and/or Integrated Electrical Services, Inc. (Manos, Marcus)
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Filing 199
NOTICE of Appearance by Marcus A. Manos on behalf of Warren Electric Cooperative, Inc. (Manos, Marcus)
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Filing 198
NOTICE of Appearance by Marcus A. Manos on behalf of Greenwood Mills, Inc., Palmetto Electric Cooperative, Inc., Santee Electric Cooperative, Inc. (Manos, Marcus)
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Filing 197
NOTICE of Appearance by Marcus A. Manos on behalf of Bedford Rural Electric Cooperative Inc. (Manos, Marcus)
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Filing 196
NOTICE of Appearance for non-district by William T. Lavender, Jr on behalf of Greenwood Mills, Inc., IES Commercial, Inc., and/or Integrated Electrical Services, Inc., Palmetto Electric Cooperative, Inc., Santee Electric Cooperative, Inc., Bedford Rural Electric Cooperative Inc., Warren Electric Cooperative, Inc. (Lavender, William)
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Filing 195
NOTICE of Appearance by Joan Wash Hartley on behalf of IES Commercial, Inc., and/or Integrated Electrical Services, Inc. (Hartley, Joan)
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Filing 194
NOTICE of Appearance by Joan Wash Hartley on behalf of Warren Electric Cooperative, Inc. (Hartley, Joan)
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Filing 193
NOTICE of Appearance by Joan Wash Hartley on behalf of Greenwood Mills, Inc., Palmetto Electric Cooperative, Inc., Santee Electric Cooperative, Inc. (Hartley, Joan)
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Filing 192
NOTICE of Appearance by Joan Wash Hartley on behalf of Bedford Rural Electric Cooperative Inc. (Hartley, Joan)
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Filing 191
NOTICE of Appearance by John Watson Bowers on behalf of 3M Company (Bowers, John)
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Filing 190
NOTICE of Appearance by John Watson Bowers on behalf of Kraft Foods Global, Inc. (Bowers, John)
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Motions Submitted: #188 Joint MOTION Entry of an Order Regarding Responsive Pleadings submitted to Chief Judge Flanagan for consideration. (Baker, C.)
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Filing 189
NOTICE of Appearance for non-district by Steven K. McCallister on behalf of Green Circle Growers, Inc. (McCallister, Steven)
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Filing 188
Joint MOTION Entry of an Order Regarding Responsive Pleadings by Hudson Light and Power Department, Owen Electric Steel Company of South Carolina, American Skiing Company, Apogee Coal Company, LLC, Appalachian Power Company, Arkema, Inc., Atlantic City Electric Company, Baltimore Gas & Electric Company, BASF Corporation, Bayer Cropscience, Inc., Blue Ridge Electric Cooperative, Inc., Broad River Electric Cooperative, Inc., Cape Hatteras Electric Membership Corporation, Cargill, Incorporated, Carlisle Syntec Incorporated, Caterpillar Inc., United Technologies Corporation, University of North Carolina at Chapel Hill, Virginia Electric and Power Company (VEPCO), Weyerhaeuser Company, Central Regional Hospital, Chemical Products Corporation, Cherry Hospital, Christus Health, Cogentrix Energy, LLC, Consumers Energy Company, Cooper Tire & Rubber Company, CSX Residual Company, Danny Corporation, Dean's Light Box, Inc., Delmarva Power & Light Company, Dixon Lumber Company, Inc., Domtar Paper Company, LLC, Dorey Electric Company, Duquesne Light Company, Electric Control Equipment Co., Electric Equipment Corporation of Virginia, Environmental Protection Services, Inc., Erachem Comilog, Inc., Florida Power & Light Company, Foremost Electric & Transmission, Inc., Furman University, General Electric Company, General Extrusions, Inc., Georgia Power Company, Gladieux Trading & Marketing Co., LP, and/or Limited Corporation, Glenwood Resolution Authority, Inc., Guernsey-Muskingum Electric Cooperative Inc., Haines and Kibblehouse, Inc., The Holladay Corporation, International Paper Company, Intertape Polymer Group, Inc., Jessop Steel, LLC, Kingsport Power Company, Kobe Copper Products, Inc., Koch Industries, Inc, Lockwood's Electric Motor Service, Town of Louisburg, North Carolina, Martin Marietta Materials, Inc., Midamerican Energy Company, Niagara Mohawk Power Corporation, Norfolk Southern Railway Company, North Carolina State University, Nucor Corporation, O'Berry Neuro-Medical Center, Occidental Chemical Corporation, Pharmacia Corporation, Potomac Electric Power Company, PPG Industries, Inc., Royal Street Junk Company, Inc., Sara Lee Corporation, Sonoco Products Company, Town of Blackstone, Virginia, South Central Power Company, Southland Electrical Supply, Inc., St. Joseph Medical Center, Inc., Sumter Electric Cooperative, Inc., T and R Electric Supply Company, Inc., Tri-State Armature & Electrical Works, Inc., Unimin Corporation, City of Dover, Delaware, Jet Electric Motor Co., Inc., LaFarge Mid-Atlantic, LLC and/or Lafarge Mid-Atlantic, Inc. as successor-in-interest to or Redland Genstar, Inc. and Genstar Stone Products, Inc., North Carolina Department of Agriculture and Consumer Services, Phoenix Solutions Company. (Olson, Kurt)
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Filing 187
NOTICE of Appearance for non-district by Meghan M. Hubbard on behalf of Union Electric Company (Hubbard, Meghan)
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Filing 186
COUNTERCLAIM against Carolina Power & Light Company, CROSSCLAIM against Owen Electric Steel Company of South Carolina, Veolia Environmental Services Waste-to-Energy f/k/a Montenay Power Corporation, International Power Machinery Company, 3M Company, Alcan Primary Products Corporation, Alcoa Inc., American Skiing Company, Apogee Coal Company, LLC, Appalachian Power Company, Arkema, Inc., Atlantic City Electric Company, BASF Corporation, Bassett Furniture Industries, Inc., Bedford Rural Electric Cooperative Inc., Blue Ridge Electric Cooperative, Inc., Broad River Electric Cooperative, Inc., Bruce-Merrilees Electric Company, Buist Electric, Inc., Cape Hatteras Electric Membership Corporation, Cargill, Incorporated, Carlisle Syntec Incorporated, Carr and Duff, Inc., Caterpillar Inc., United Technologies Corporation, University of North Carolina at Chapel Hill, Virginia Electric and Power Company (VEPCO), Vulcan Construction Materials, Limited Partnership, Warren Electric Cooperative, Inc., Wartburg College, Washington Suburban Sanitary Commission, West Penn Power Company, Weyerhaeuser Company, Central Regional Hospital, Chemical Products Corporation, Cherry Hospital, Christus Health, Cleveland Electric Company, ConocoPhillips Company, Consumers Energy Company, Cooper Tire & Rubber Company, Danny Corporation, Dean's Light Box, Inc., Delmarva Power & Light Company, Dixon Lumber Company, Inc., Domtar Paper Company, LLC, Dorey Electric Company, Duke Energy Carolinas, LLC, Duquesne Light Company, East Kentucky Power Cooperative, Inc., Electric Control Equipment Co., Electric Equipment Corporation of Virginia, Environmental Protection Services, Inc., Erachem Comilog, Inc., Florida Power & Light Company, Foremost Electric & Transmission, Inc., Furman University, G&S Motor Equipment Company, Inc., General Extrusions, Inc., Georgia Power Company, GKN Driveline North American, Inc., Gladieux Trading & Marketing Co., LP, and/or Limited Corporation, Glenwood Resolution Authority, Inc., Green Circle Growers, Inc., Greenwood Mills, Inc., Guernsey-Muskingum Electric Cooperative Inc., Haines and Kibblehouse, Inc., The Holladay Corporation, Hudson Light and Power Department, IES Commercial, Inc., and/or Integrated Electrical Services, Inc., Imerys Carbonates, LLC, International Paper Company, Intertape Polymer Group, Inc., Jessop Steel, LLC, Kingsport Power Company, Union Electric Company, Kobe Copper Products, Inc., Kraft Foods Global, Inc., City of Lakeland, Florida, Lockwood's Electric Motor Service, Town of Louisburg, North Carolina, LWB Refractories Company, Martin Marietta Materials, Inc., Midamerican Energy Company, Monongahela Power Company, N.L. Industries, Inc., Norfolk Southern Railway Company, North Carolina State University, North Georgia Electric Membership Corporation, Northrop Grumman Shipbuilding, Inc., Nucor Corporation, O'Berry Neuro-Medical Center, Pactiv Corporation, Palmetto Electric Cooperative, Inc., Potomac Electric Power Company, PPG Industries, Inc., PPL Electric Utilities Corporation, Royal Street Junk Company, Inc., Santee Electric Cooperative, Inc., Sara Lee Corporation, Sonoco Products Company, Town of Blackstone, Virginia, South Central Power Company, Southland Electrical Supply, Inc., St. Joseph Medical Center, Inc., Sumter Electric Cooperative, Inc., T and R Electric Supply Company, Inc., Tennessee Electro Minerals, Inc., Trap Rock, Inc., Tredegar Film Products Corporation, Tri-State Armature & Electrical Works, Inc., Bonner Electric, Inc., Unimin Corporation, Union Carbide Corporation, City of Dover, Delaware, Huntsville Utilities, Jet Electric Motor Co., Inc., LaFarge Mid-Atlantic, LLC and/or Lafarge Mid-Atlantic, Inc. as successor-in-interest to or Redland Genstar, Inc. and Genstar Stone Products, Inc., New Southern of Rocky Mount, Inc., North Carolina Department of Agriculture and Consumer Services, P. C. Campana, Inc., Phoenix Solutions Company, filed by PCS Phospate Company, Inc.. (Story, Jane)
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Filing 185
CROSSCLAIM (ADDITIONAL) against Baltimore Gas & Electric Company, Bayer Cropscience, Inc., CBS Corporation, Cogentrix Energy, LLC, CSX Residual Company, Frontier Communications Corporation, General Electric Company, Koch Industries, Inc, Niagara Mohawk Power Corporation, Occidental Chemical Corporation, Pharmacia Corporation, Ventech Engineers, Inc., and/or Ventech Process Equipment, Inc. and/or Ventech Equipment Inc. and/or The Ventech Companies, filed by PCS Phospate Company, Inc. (Cowan, J.)
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Filing 184
NOTICE of Appearance by Eric H. Cottrell on behalf of Frontier Communications Corporation (Cottrell, Eric)
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Filing 183
NOTICE of Appearance for non-district by Peter T. Stinson on behalf of Carlisle Syntec Incorporated (Stinson, Peter)
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Filing 182
NOTICE of Appearance for non-district by Peter T. Stinson on behalf of PPG Industries, Inc. (Stinson, Peter)
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Filing 181
NOTICE of Appearance for non-district by Joseph F. Madonia on behalf of Union Electric Company (Madonia, Joseph)
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Filing 180
NOTICE of Appearance for non-district by Brian K. Lewallen on behalf of Caterpillar Inc. (Attachments: #1 Exhibit Electronic Filing Attorney Registration Form) (Lewallen, Brian)
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Filing 179
NOTICE of Appearance for non-district by John S. Hahn on behalf of Frontier Communications Corporation (Hahn, John)
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Filing 178
NOTICE of Appearance for non-district by Jay C. Johnson on behalf of Frontier Communications Corporation (Johnson, Jay)
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Filing 177
NOTICE of Appearance by Rodney E. Alexander on behalf of Frontier Communications Corporation (Alexander, Rodney)
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Filing 176
NOTICE of Appearance by Patrick A. Genzler on behalf of Cape Hatteras Electric Membership Corporation (Genzler, Patrick)
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Filing 175
NOTICE of Appearance by Norman W. Shearin, Jr on behalf of Cape Hatteras Electric Membership Corporation (Shearin, Norman)
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Filing 174
NOTICE of Appearance by Sara Wyche Higgins on behalf of Niagara Mohawk Power Corporation, PPL Electric Utilities Corporation (Higgins, Sara)
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Filing 173
NOTICE of Appearance by R. Dennis Fairbanks on behalf of Alcoa Inc., Tredegar Film Products Corporation (Fairbanks, R.)
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Filing 172
FINANCIAL DISCLOSURE STATEMENT by Lockwood's Electric Motor Service. (Risinger, Bradley)
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Filing 171
FINANCIAL DISCLOSURE STATEMENT by Apogee Coal Company, LLC identifying Corporate Parent New Trout Coal Holdings II, LLC, Corporate Parent Magnum Coal, Corporate Parent Patriot Coal Corporation for Apogee Coal Company, LLC. (Risinger, Bradley)
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Filing 170
NOTICE of Appearance by Bradley M. Risinger on behalf of Lockwood's Electric Motor Service (Risinger, Bradley)
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Filing 169
NOTICE of Appearance by Bradley M. Risinger and non-district counsel, David Restaino, on behalf of Apogee Coal Company, LLC (Risinger, Bradley)
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Filing 168
NOTICE of Appearance by Bradley M. Risinger and non-district counsel, Frank H. Hackmann, on behalf of Guernsey-Muskingum Electric Cooperative Inc. (Mimms, Julia)
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Filing 167
NOTICE of Appearance by Catherine W. Cralle-Jones on behalf of Hudson Light and Power Department (Cralle-Jones, Catherine)
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Filing 166
NOTICE of Appearance by Catherine W. Cralle-Jones on behalf of Baltimore Gas & Electric Company (Cralle-Jones, Catherine)
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Filing 165
FINANCIAL DISCLOSURE STATEMENT by Dean's Light Box, Inc. (Lewis, J.)
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Filing 164
NOTICE of Appearance by J. Scott Lewis on behalf of Dean's Light Box, Inc. (Lewis, J.)
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Filing 163
NOTICE of Appearance by Joshua H. Bennett on behalf of Alcan Primary Products Corporation (Bennett, Joshua)
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Filing 162
NOTICE of Voluntary Dismissal by Carolina Power & Light Company (Belk, Caroline)
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Filing 161
NOTICE of Appearance by Bret W. Jedele on behalf of Jet Electric Motor Co., Inc. (Jedele, Bret)
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Filing 160
NOTICE of Appearance for non-district by Ben L. Pfefferle on behalf of Guernsey-Muskingum Electric Cooperative Inc. (Pfefferle, Ben)
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Filing 159
NOTICE of Appearance for non-district by Gregory R. Flax on behalf of Guernsey-Muskingum Electric Cooperative Inc. (Flax, Gregory)
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Filing 158
NOTICE of Appearance for non-district by Zachary D. Knaub on behalf of Cogentrix Energy, LLC (Knaub, Zachary)
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Filing 157
NOTICE of Appearance by Joel A. Kramer on behalf of Washington Suburban Sanitary Commission (Kramer, Joel)
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Filing 156
NOTICE of Appearance by Jessica E. Merrigan on behalf of Koch Industries, Inc (Merrigan, Jessica)
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Filing 155
NOTICE of Appearance by Benjamin Freedman Sidbury on behalf of Northrop Grumman Shipbuilding, Inc. (Sidbury, Benjamin)
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Filing 154
NOTICE of Appearance by Benjamin Freedman Sidbury on behalf of North Georgia Electric Membership Corporation (Sidbury, Benjamin)
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Filing 153
NOTICE of Appearance by Benjamin Freedman Sidbury on behalf of Vulcan Construction Materials, Limited Partnership, Imerys Carbonates, LLC, Tennessee Electro Minerals, Inc., Union Carbide Corporation (Sidbury, Benjamin)
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Filing 152
NOTICE of Voluntary Dismissal by Carolina Power & Light Company (Belk, Caroline)
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Filing 151
FINANCIAL DISCLOSURE STATEMENT by Duke Energy Carolinas, LLC, Duke Energy Carolinas, L.L.C. Associated Cases: 5:08-cv-00460-FL, 5:08-cv-00463-FL (Green, Stanley)
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Filing 150
NOTICE of Appearance by Jesse Huntsman Rigsby, IV on behalf of Union Electric Company now known as Ameren Corporation or AmerenUE Corporation (Rigsby, Jesse)
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Filing 149
NOTICE of Appearance by Stanley B. Green on behalf of Duke Energy Carolinas, LLC (Green, Stanley)
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Filing 148
NOTICE of Appearance by Grady L. Shields on behalf of Koch Industries, Inc (Shields, Grady)
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Filing 147
NOTICE of Appearance by Andrew H. Erteschik on behalf of Central Regional Hospital, Cherry Hospital, Dorey Electric Company, Town of Louisburg, North Carolina, O'Berry Neuro-Medical Center (Erteschik, Andrew)
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Filing 146
NOTICE of Appearance by Keith Harrison Johnson on behalf of Central Regional Hospital, Cherry Hospital, Dorey Electric Company, Town of Louisburg, North Carolina, O'Berry Neuro-Medical Center (Johnson, Keith)
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Filing 145
NOTICE of Appearance by C. Scott Spear on behalf of Tennessee Valley Authority (Spear, C.)
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Filing 144
NOTICE of Appearance by C. Scott Spear on behalf of United States Central Intelligence Agency, United States Defense Logistics Agency, United States Department of the Army, United States Department of the Navy, United States Air Force (Spear, C.)
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Filing 143
NOTICE of Appearance by Mary Beth Deemer on behalf of PCS Phospate Company, Inc. (Deemer, Mary Beth)
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Filing 142
NOTICE of Appearance by Michael H. Ginsberg on behalf of PCS Phospate Company, Inc. (Ginsberg, Michael)
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Filing 141
NOTICE of Appearance by Jane Borthwick Story on behalf of PCS Phospate Company, Inc. (Story, Jane)
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Filing 140
NOTICE of Appearance by Ryan D. Dahl on behalf of PCS Phospate Company, Inc. (Dahl, Ryan)
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Filing 139
FINANCIAL DISCLOSURE STATEMENT by Bassett Furniture Industries, Inc. (Roessler, Todd)
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Filing 138
NOTICE of Appearance by Ronald E. Cardwell on behalf of Furman University, Intertape Polymer Group, Inc. (Cardwell, Ronald)
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Filing 137
NOTICE of Appearance by Todd S. Roessler on behalf of Bassett Furniture Industries, Inc. (Roessler, Todd)
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Filing 136
NOTICE of Appearance by Michael John Byrne on behalf of Cogentrix Energy, LLC (Byrne, Michael)
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Filing 135
NOTICE of Appearance by Kurt J. Olson on behalf of American Skiing Company, Appalachian Power Company, Arkema, Inc., BASF Corporation, Bayer Cropscience, Inc., Chemical Products Corporation, Cooper Tire & Rubber Company, CSX Residual Company, Duquesne Light Company, Environmental Protection Services, Inc., Erachem Comilog, Inc., Foremost Electric & Transmission, Inc., General Extrusions, Inc., Haines and Kibblehouse, Inc., The Holladay Corporation, International Paper Company, Jessop Steel, LLC, Kingsport Power Company, Kobe Copper Products, Inc., Midamerican Energy Company, Norfolk Southern Railway Company, Sara Lee Corporation, South Central Power Company, Sumter Electric Cooperative, Inc. (Olson, Kurt)
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Filing 134
NOTICE of Appearance by Michael John Byrne on behalf of University of North Carolina at Chapel Hill, Martin Marietta Materials, Inc., North Carolina State University, Nucor Corporation (Byrne, Michael)
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Filing 133
NOTICE of Appearance by Robert S. Adden, Jr on behalf of Pactiv Corporation (Adden, Robert)
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Filing 132
NOTICE of Appearance for non-district by D. Kyle Deak on behalf of Virginia Electric and Power Company (VEPCO) (Deak, D.)
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Filing 131
NOTICE of Appearance by D. Kyle Deak on behalf of Virginia Electric and Power Company (VEPCO) (Deak, D.)
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Filing 130
FINANCIAL DISCLOSURE STATEMENT by Ventech Engineers, Inc., and/or Ventech Process Equipment, Inc. and/or Ventech Equipment Inc. and/or The Ventech Companies. (Brown, R.)
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Filing 129
Order Setting Hearings - Status Conference set for 10/2/2009 at 10:00 AM in United States Bankruptcy Court, 1760-A Parkwood Boulevard W in Wilson, North Carolina before U.S. Magistrate Judge David W. Daniel. Signed by U.S. Magistrate Judge David W. Daniel on 09/04/09. Copies served electronically. (Baker, C.)
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Filing 128
NOTICE of Appearance for non-district by Jeffrey B. Wagenbach on behalf of G&S Motor Equipment Company, Inc. (Wagenbach, Jeffrey)
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Filing 127
NOTICE of Appearance for non-district by Stephen W. Smithson on behalf of G&S Motor Equipment Company, Inc. (Smithson, Stephen)
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Filing 126
NOTICE of Appearance by Jacob Holmes Wellman on behalf of Royal Street Junk Company, Inc. (Wellman, Jacob)
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Filing 125
FINANCIAL DISCLOSURE STATEMENT by Weyerhaeuser Company (Hart, Scott)
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Filing 124
FINANCIAL DISCLOSURE STATEMENT by Consolidation Coal Company identifying Corporate Parent Consol, Corporate Parent Consol Energy, Inc. for Consolidation Coal Company. (Pollock, William)
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Filing 123
NOTICE of Appearance by Paul I. Klein on behalf of N.L. Industries, Inc. (Klein, Paul)
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Filing 122
NOTICE of Appearance for non-district by Raymond T. Reott on behalf of Pactiv Corporation (Reott, Raymond)
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Filing 121
FINANCIAL DISCLOSURE STATEMENT by Buist Electric, Inc. (Bentz, Curtis)
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Filing 120
NOTICE of Appearance by Curtis L. Bentz on behalf of Buist Electric, Inc. (Bentz, Curtis)
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Filing 119
NOTICE of Appearance by R. Steven DeGeorge on behalf of Bruce-Merrilees Electric Company, CBS Corporation, West Penn Power Company, ConocoPhillips Company, Monongahela Power Company (DeGeorge, R.)
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Filing 118
NOTICE of Appearance by John C. Millberg on behalf of Caterpillar Inc. (Millberg, John)
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Filing 117
NOTICE of Appearance for non-district by Debora S. Lasch on behalf of International Power Machinery Company (Lasch, Debora)
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Filing 116
NOTICE of Appearance for non-district by Daniel M. Darragh on behalf of Consolidation Coal Company (Darragh, Daniel)
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Filing 115
NOTICE of Appearance by William W. Pollock on behalf of Consolidation Coal Company (Pollock, William)
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Filing 114
NOTICE of Appearance by John S. Slosson on behalf of Atlantic City Electric Company, Blue Ridge Electric Cooperative, Inc., Broad River Electric Cooperative, Inc., Cargill, Incorporated, United Technologies Corporation, Consumers Energy Company, Danny Corporation, Delmarva Power & Light Company, Dixon Lumber Company, Inc., Electric Control Equipment Co., Electric Equipment Corporation of Virginia, Florida Power & Light Company, General Electric Company, GKN Driveline North American, Inc., Gladieux Trading & Marketing Co., LP, and/or Limited Corporation, Glenwood Resolution Authority, Inc., LWB Refractories Company, Occidental Chemical Corporation, Pharmacia Corporation, Potomac Electric Power Company, Sonoco Products Company, Southland Electrical Supply, Inc., St. Joseph Medical Center, Inc., T and R Electric Supply Company, Inc., Tri-State Armature & Electrical Works, Inc., Unimin Corporation (Slosson, John)
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Filing 113
NOTICE of Appearance for non-district by Jeffrey J. Hayward on behalf of Georgia Power Company (Hayward, Jeffrey)
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Filing 112
NOTICE of Appearance by Julia S. Bright on behalf of Atlantic City Electric Company, Blue Ridge Electric Cooperative, Inc., Broad River Electric Cooperative, Inc., Cargill, Incorporated, United Technologies Corporation, Consumers Energy Company, Danny Corporation, Delmarva Power & Light Company, Dixon Lumber Company, Inc., Electric Control Equipment Co., Electric Equipment Corporation of Virginia, Florida Power & Light Company, General Electric Company, GKN Driveline North American, Inc., Gladieux Trading & Marketing Co., LP, and/or Limited Corporation, Glenwood Resolution Authority, Inc., LWB Refractories Company, Occidental Chemical Corporation, Pharmacia Corporation, Potomac Electric Power Company, Sonoco Products Company, Southland Electrical Supply, Inc., St. Joseph Medical Center, Inc., T and R Electric Supply Company, Inc., Tri-State Armature & Electrical Works, Inc., Unimin Corporation (Bright, Julia)
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Filing 111
NOTICE of Appearance for non-district by Joel L Herz on behalf of N.L. Industries, Inc. (Herz, Joel)
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Filing 110
FINANCIAL DISCLOSURE STATEMENT by Georgia Power Company identifying Corporate Parent The Southern Company for Georgia Power Company. (Parsons, Gavin)
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Filing 109
NOTICE of Appearance by Gavin Bryce Parsons on behalf of Georgia Power Company (Parsons, Gavin)
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Filing 108
NOTICE of Appearance for non-district by Jane E. Fedder on behalf of Atlantic City Electric Company, Blue Ridge Electric Cooperative, Inc., Broad River Electric Cooperative, Inc., Cargill, Incorporated, United Technologies Corporation, Consumers Energy Company, Danny Corporation, Delmarva Power & Light Company, Dixon Lumber Company, Inc., Electric Control Equipment Co., Electric Equipment Corporation of Virginia, Florida Power & Light Company, General Electric Company, GKN Driveline North American, Inc., Gladieux Trading & Marketing Co., LP, and/or Limited Corporation, Glenwood Resolution Authority, Inc., LWB Refractories Company, Occidental Chemical Corporation, Pharmacia Corporation, Potomac Electric Power Company, Sonoco Products Company, Southland Electrical Supply, Inc., St. Joseph Medical Center, Inc., T and R Electric Supply Company, Inc., Tri-State Armature & Electrical Works, Inc., Unimin Corporation (Fedder, Jane)
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Filing 107
NOTICE of Appearance for non-district by Joseph G. Nassif on behalf of Atlantic City Electric Company, Blue Ridge Electric Cooperative, Inc., Broad River Electric Cooperative, Inc., Cargill, Incorporated, United Technologies Corporation, Consumers Energy Company, Danny Corporation, Delmarva Power & Light Company, Dixon Lumber Company, Inc., Electric Control Equipment Co., Electric Equipment Corporation of Virginia, Florida Power & Light Company, General Electric Company, GKN Driveline North American, Inc., Gladieux Trading & Marketing Co., LP, and/or Limited Corporation, Glenwood Resolution Authority, Inc., City of Lakeland, Florida, LWB Refractories Company, Occidental Chemical Corporation, Pharmacia Corporation, Potomac Electric Power Company, Sonoco Products Company, Southland Electrical Supply, Inc., St. Joseph Medical Center, Inc., T and R Electric Supply Company, Inc., Tri-State Armature & Electrical Works, Inc., Unimin Corporation (Nassif, Joseph)
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Filing 106
NOTICE of Appearance by William H. Gifford, Jr on behalf of G&S Motor Equipment Company, Inc. (Gifford, William)
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Filing 105
FINANCIAL DISCLOSURE STATEMENT by Christus Health identifying Corporate Parent CHRISTUS Health Northern Louisiana for Christus Health. (Bentz, Curtis)
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Filing 104
NOTICE of Appearance by Curtis L. Bentz on behalf of Christus Health (Bentz, Curtis)
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Filing 103
NOTICE of Appearance by E. Hardy Lewis on behalf of Carr and Duff, Inc. (Lewis, E.)
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Filing 102
NOTICE of Appearance for non-district by Jeffrey P. Wallack on behalf of Carr and Duff, Inc. (Wallack, Jeffrey)
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Filing 101
NOTICE of Appearance by J. Donald Cowan, Jr on behalf of PCS Phospate Company, Inc. (Cowan, J.)
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Filing 100
NOTICE of Appearance by Brian J. Schoolman on behalf of Cleveland Electric Company (Schoolman, Brian)
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Filing 99
NOTICE of Appearance by Scott C. Hart on behalf of Weyerhaeuser Company (Hart, Scott)
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Filing 98
ACKNOWLEDGEMENT OF SERVICE Executed as to #1 Complaint - / Service on Union Electric. Acknowledgement filed by Carolina Power & Light Company. (Belk, Caroline)
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Filing 97
FINANCIAL DISCLOSURE STATEMENT by International Power Machinery Company. (Sullivan, Sean)
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Filing 96
NOTICE of Appearance by Sean Michael Sullivan on behalf of International Power Machinery Company (Sullivan, Sean)
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Filing 95
AMENDED COMPLAINT / Consolidated and Second Amended Complaint against all defendants, filed by Carolina Power & Light Company. (Attachments: #1 Exhibit A-Photos of Ward Facility, #2 Exhibit B-Examples of Inventory Cards) (Smith, Christopher)
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Filing 94
FINANCIAL DISCLOSURE STATEMENT by Bonner Electric, Inc. (McKain, Ryan)
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NOTICE OF DEFICIENCY re: #92 Declaration, #93 Declaration - Counsel is directed to re-file these documents using the appropriate event (i.e. Financial Disclosure Statement). (Baker, C.)
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Filing 93
*DOCUMENT CORRECTED AND RE-FILED AT #94 * - Declaration of Corporate Affiliations by Bonner Electric, Inc. Associated Cases: 5:08-cv-00463-FL, 5:08-cv-00460-FL (McKain, Ryan) Modified on 8/31/2009 to include re-filing information (Baker, C.).
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Filing 92
*DOCUMENT CORRECTED AND RE-FILED AT #94 * - Declaration of Corporate Affiliations by Bonner Electric, Inc. Associated Cases: 5:08-cv-00460-FL, 5:08-cv-00463-FL (McKain, Ryan) Modified on 8/31/2009 to include re-filing information (Baker, C.).
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Filing 90
NOTICE of Appearance by Edwin C. Hughes on behalf of Huntsville Utilities (Hughes, Edwin)
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Filing 91
Minute Entry for proceedings held before Chief Judge Louise Wood Flanagan and United States Magistrate Judge David W. Daniel: Scheduling Conference held on 8/18/2009 in Raleigh. Counsel for all parties required to be in attendance. Issues bearing on case scheduling and management discussed. All pending motions to strike denied. Clerk to conform docket to reflect same. Any pending motions to excuse counsel from attendance at these proceedings denied. Clerk to conform docket to reflect same. Cases are to be consolidated with each plaintiff's original filed case to serve as lead case (i.e. 5:08-cv-460-FL for plaintiff Carolina Power & Light Company and 5:08-cv-463-FL for plaintiff Consolidated Coal Company). Each plaintiff is to file an Amended Complaint in its lead case within ten (10) days. Counterclaims and Crossclaims due within fourteen (14) days after filing and service of amended pleadings. Motions to Dismiss are due within four weeks of the Counterclaims/Crossclaims deadline. Court suspends 20-day mediator selection requirement. Rule 26(f) Initial Disclosures to be exchanged within twenty-one (21) days. Second status conference to convene before United States Magistrate Judge David W. Daniel subsequent to exchange of disclosures. Magistrate Judge Daniel to determine scheduling and structure of second conference. No written order to issue. (Attachments for court personnel use only.) (Court Reporter Patti Elliot.) (Attachments: #1 Court's Questions to Counsel, #2 Counsel Attendance Form) (Baker, C.)
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Filing 89
NOTICE of Appearance by Reid C. Adams, Jr on behalf of Veolia Environmental Services Waste-to-Energy f/k/a Montenay Power Corporation (Adams, Reid)
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Filing 88
FINANCIAL DISCLOSURE STATEMENT by Phoenix Solutions Company. Associated Cases: 5:08-cv-00460-FL, 5:08-cv-00463-FL (Johnson, Keith)
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Filing 87
NOTICE of Appearance by Keith Harrison Johnson on behalf of Phoenix Solutions Company (Johnson, Keith)
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Filing 86
NOTICE of Appearance by Andrew H. Erteschik on behalf of Phoenix Solutions Company (Erteschik, Andrew)
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ORAL ORDER denying #85 MOTION TO EXCUSE ATTENDANCE OF LOCAL COUNSEL AT THE AUGUST 18, 2009 HEARING. Entered by Chief Judge Louise Wood Flanagan on 08/18/09. (Baker, C.)
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Filing 85
CONSENT MOTION TO EXCUSE ATTENDANCE OF LOCAL COUNSEL AT THE AUGUST 18, 2009 HEARING by Union Electric Company now known as Ameren Corporation or AmerenUE Corporation. (Beskind, Donald)
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Filing 84
NOTICE of Appearance by Howard Clay Hodges, Jr on behalf of Bonner Electric, Inc. (Hodges, Howard)
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Filing 83
NOTICE of Appearance by Donald J. Harris on behalf of Bonner Electric, Inc. (Harris, Donald)
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Filing 82
NOTICE of Appearance for non-district by R. Scott Brown on behalf of Ventech Engineers, Inc., and/or Ventech Process Equipment, Inc. and/or Ventech Equipment Inc. and/or The Ventech Companies (Brown, R.)
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Filing 81
NOTICE of Appearance by Ryan K. McKain on behalf of Bonner Electric, Inc. (McKain, Ryan)
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Filing 80
NOTICE of Appearance by Joseph P. Williams on behalf of Bonner Electric, Inc. (Williams, Joseph)
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Filing 79
STATUS REPORT of certain defendants regarding appointment of liaison counsel by G&S Motor Equipment Company, Inc. (Gifford, William)
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Filing 78
NOTICE of Appearance by Benjamin L. McArthur on behalf of Huntsville Utilities (McArthur, Benjamin)
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Filing 77
NOTICE of Appearance by Nicholas James Voelker on behalf of Huntsville Utilities (Voelker, Nicholas)
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Filing 76
*DOCUMENT CORRECTED AND REFILED AT DOCKET ENTRY #80 * - NOTICE of Appearance by Joseph P. Williams on behalf of Bonner Electric, Inc. (Williams, Joseph) .).
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NOTICE TO COUNSEL OF CHANGE IN COURTROOM LOCATION for Consolidated Initial Conference set for 8/18/2009 at 02:00 PM in Raleigh - 7th Floor - Courtroom 1 before Chief Judge Louise Wood Flanagan. (Baker, C.)
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Filing 75
FINANCIAL DISCLOSURE STATEMENT by Union Electric Company now known as Ameren Corporation or AmerenUE Corporation identifying Corporate Parent Ameren Corporation for Union Electric Company now known as Ameren Corporation or AmerenUE Corporation. (Beskind, Donald)
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Filing 74
NOTICE of Appearance by Donald H. Beskind on behalf of Union Electric Company now known as Ameren Corporation or AmerenUE Corporation and RESPONSE to #38 ORDER (Beskind, Donald)
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Filing 73
NOTICE of Appearance by David J. Mazza on behalf of Veolia Environmental Services Waste-to-Energy f/k/a Montenay Power Corporation (Mazza, David)
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Filing 72
NOTICE of Voluntary Dismissal as to Defendant John E. Kelly & Sons Electrical Construction Inc. by Carolina Power & Light Company (Belk, Caroline)
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Filing 71
AMENDED ORDER re #70 Order - No further filings are requested and, as such, the court strikes that provision of earlier order requiring submission of Rule 26(f) reports no later than August 15, 2009. That deadline and others will be considered at pending conference. Signed by Chief Judge Louise Wood Flanagan on 07/22/09. Copies served electronically. (Baker, C.)
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Filing 70
Order Setting Hearings -Consolidated Initial Conference set for 8/18/2009 at 02:00 PM in Raleigh - 7th Floor - Courtroom 2 before Chief Judge Louise Wood Flanagan. Defendants are encouraged now to consider the matter of liaison counsel and to make such report(s) in advance of initial conference as may promote a more efficient address at that conference. Said filing(s) shall be limited only to the topic of liaison counsel. No further filings are requested. Signed by Chief Judge Louise Wood Flanagan on 07/22/09. Copies served electronically. (Baker, C.)
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Filing 69
RESPONSE / Joint Response to Motion to Strike Part of Joint Status Report filed by Carolina Power & Light Company. (Belk, Caroline)*Clerk's Note - No Motion to Strike has been filed in this action*. Modified on 8/7/2009 to include clerk's note (Baker, C.).
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Filing 68
FINANCIAL DISCLOSURE STATEMENT by Jet Electric Motor Co., Inc. Associated Cases: 5:08-cv-00460-FL, 5:08-cv-00463-FL (Hopf, James)
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Filing 67
NOTICE of Appearance by James F. Hopf on behalf of Jet Electric Motor Co., Inc. and RESPONSE to #38 ORDER (Hopf, James).
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Filing 66
*FILER OF THIS DOCUMENT IS NOT A NAMED PARTY IN THIS ACTION* -FINANCIAL DISCLOSURE STATEMENT by Northrop Grumman Shipbuilding, Inc. identifying Corporate Parent Northrop Grumman Ship Systems, Inc., Corporate Parent Northrop Grumman Shipbuilding, Inc. for Northrop Grumman Shipbuilding, Inc., Northrop Grumman Shipbuilding, Inc. Associated Cases: 5:09-cv-00190-FL et al. (Sidbury, Benjamin) Modified on 8/7/2009 to include filer information (Baker, C.).
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Filing 65
*FILER OF THIS DOCUMENT IS NOT A NAMED PARTY IN THIS ACTION* - FINANCIAL DISCLOSURE STATEMENT by Union Carbide Corporation identifying Corporate Parent The Dow Chemical Company for Union Carbide Corporation, Union Carbide Corporation. Associated Cases: 5:09-cv-00190-FL et al. (Sidbury, Benjamin) Modified on 8/7/2009 to include filer information (Baker, C.).
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Filing 64
NOTICE of Appearance by William A. White on behalf of Town of Blackstone, Virginia, City of Dover, Delaware (White, William)
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Filing 63
*FILER OF THIS DOCUMENT IS NOT A NAMED PARTY IN THIS ACTION* - AMENDED DOCUMENT by St. Joseph Medical Center, Inc. Amendment to (203 in 5:09-cv-00190-FL, 51 in 5:09-cv-00037-FL, 62 in 5:08-cv-00460-FL) Financial Disclosure Statement. Associated Cases: 5:09-cv-00190-FL, 5:08-cv-00460-FL, 5:09-cv-00037-FL (Fedder, Jane) Modified on 8/7/2009 to include filer information (Baker, C.).
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Filing 62
*DOCUMENT CORRECTED AND RE-FILED AT DOCKET ENTRY NO. #63 * - FINANCIAL DISCLOSURE STATEMENT by St. Joseph Medical Center, Inc. Associated Cases: 5:09-cv-00190-FL, 5:08-cv-00460-FL, 5:09-cv-00037-FL (Fedder, Jane) Modified on 07/15/2009 to insert re-filing information (Baker, C.).
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Filing 61
CERTIFICATE OF SERVICE by Carolina Power & Light Company re #53 Status Report, Amended (Belk, Caroline)
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Filing 60
FINANCIAL DISCLOSURE STATEMENT by New Southern of Rocky Mount, Inc. identifying Corporate Parent L&S Holding Company for New Southern of Rocky Mount, Inc. (Butler, John)
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Filing 59
NOTICE of Appearance by John J. Butler on behalf of New Southern of Rocky Mount, Inc. and RESPONSE to #38 ORDER (Butler, John).
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Filing 58
*FILER OF THIS DOCUMENT IS NOT A NAMED PARTY IN THIS ACTION* - FINANCIAL DISCLOSURE STATEMENT by Consumers Energy Company identifying Corporate Parent CMS Energy Corporation for Consumers Energy Company. (Fedder, Jane) Modified on 8/7/2009 to include filer information (Baker, C.).
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Filing 57
FINANCIAL DISCLOSURE STATEMENT by North Carolina Department of Agriculture and Consumer Services (Erteschik, Andrew)
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Filing 56
FINANCIAL DISCLOSURE STATEMENT by Kelly Generator & Equipment, Inc. and/or Kelly Electrical Construction, Inc. f/k/a Kelly & Bishop Electrical Construction, Inc. and/or John E. Kelly & Sons Electrical Construction Inc. (Erteschik, Andrew)
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Filing 55
NOTICE of Appearance by Keith Harrison Johnson on behalf of Kelly Generator & Equipment, Inc. and/or Kelly Electrical Construction, Inc. f/k/a Kelly & Bishop Electrical Construction, Inc. and/or John E. Kelly & Sons Electrical Construction Inc., North Carolina Department of Agriculture and Consumer Services and RESPONSE to #38 ORDER (Johnson, Keith)
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Filing 54
NOTICE of Appearance by Andrew H. Erteschik on behalf of Kelly Generator & Equipment, Inc. and/or Kelly Electrical Construction, Inc. f/k/a Kelly & Bishop Electrical Construction, Inc. and/or John E. Kelly & Sons Electrical Construction Inc., North Carolina Department of Agriculture and Consumer Services and RESPONSE to #38 ORDER (Erteschik, Andrew)
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Filing 53
STATUS REPORT by Carolina Power & Light Company, Carolina Power & Light Company, Carolina Power & Light Company. (Attachments: #1 Exhibit A - Defendants Who Object to the Stay, #2 Exhibit B - Defendants Who Do Not Object to the Stay, #3 Exhibit C - EPA Press Release, #4 Exhibit D - Map of Removal Action)(Belk, Caroline)
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Filing 52
*FILER OF THIS DOCUMENT IS NOT A NAMED PARTY IN THIS ACTION* - FINANCIAL DISCLOSURE STATEMENT by North Georgia Electric Membership Corporation. Associated Cases: 5:09-cv-00190-FL et al. (Sidbury, Benjamin) Modified on 8/7/2009 to include filer information (Baker, C.).
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Filing 51
*FILER OF THIS DOCUMENT IS NOT A NAMED PARTY IN THIS ACTION* -FINANCIAL DISCLOSURE STATEMENT by Bassett Furniture Industries, Inc. Associated Cases: 5:09-cv-00190-FL et al. (Roessler, Todd) Modified on 8/7/2009 to include filer information (Baker, C.).
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Filing 50
*FILER OF THIS DOCUMENT IS NOT A NAMED PARTY IN THIS ACTION* - FINANCIAL DISCLOSURE STATEMENT by Electric Equipment Corporation of Virginia. Associated Cases: 5:09-cv-00037-FL, 5:08-cv-00460-FL, 5:09-cv-00190-FL (Fedder, Jane) Modified on 8/7/2009 to include filer information (Baker, C.).
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Filing 49
NOTICE of Appearance by David E. Fox on behalf of Town of Blackstone, Virginia, City of Dover, Delaware (Fox, David)
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Filing 48
FINANCIAL DISCLOSURE STATEMENT by Town of Blackstone, Virginia (Byrne, Michael)
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Filing 47
FINANCIAL DISCLOSURE STATEMENT by City of Dover, Delaware (Byrne, Michael)
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Filing 46
NOTICE of Appearance by Michael John Byrne, William A. White, and David E. Fox on behalf of Town of Blackstone, Virginia, City of Dover, Delaware and RESPONSE to #38 ORDER. (Byrne, Michael)
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Filing 45
FINANCIAL DISCLOSURE STATEMENT by Owen Electric Steel Company of South Carolina (Cardwell, Ronald)
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Filing 44
NOTICE of Appearance by Ronald E. Cardwell and Lee W. Zimmerman on behalf of Owen Electric Steel Company of South Carolina and RESPONSE to #38 ORDER (Cardwell, Ronald)
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Filing 43
NOTICE of Voluntary Dismissal as to Defendant Lewis Electric Supply Co., Inc. by Carolina Power & Light Company (Belk, Caroline)
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Filing 42
FINANCIAL DISCLOSURE STATEMENT by LaFarge Mid-Atlantic, LLC and/or Lafarge Mid-Atlantic, Inc. as successor-in-interest to or Redland Genstar, Inc. and Genstar Stone Products, Inc. (Cardwell, Ronald)
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Filing 41
NOTICE of Appearance by Ronald E. Cardwell and Lee W. Zimmerman on behalf of LaFarge Mid-Atlantic, LLC and/or Lafarge Mid-Atlantic, Inc. as successor-in-interest to or Redland Genstar, Inc. and Genstar Stone Products, Inc. and RESPONSE to #38 ORDER (Cardwell, Ronald)
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Filing 40
NOTICE by Carolina Power & Light Company re #38 Order, /Notice of Service (Attachments: #1 Exhibit A-Ex Parte Joint Motion for Preliminary Scheduling Order, #2 Exhibit B-Memorandum in Support, #3 Exhibit C-Order on Plaintiff's Ex Parte Joint Motion for Preliminary Scheduling Order) (Belk, Caroline)
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Filing 39
NOTICE of Voluntary Dismissal as to Defendant Tennessee Associated Electric, Inc. by Carolina Power & Light Company (Belk, Caroline)
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Filing 38
ORDER re #36 Joint MOTION (Ex Parte) for Preliminary Scheduling Order filed by Carolina Power & Light Company - The relief sought by plaintiffs, now is ALLOWED, provisionally. Signed by Chief Judge Louise Wood Flanagan on 6/10/2009. Copies served electronically. (Rudd, D.)
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Motions Submitted: #36 Joint MOTION (Ex Parte) for Preliminary Scheduling Order submitted to Chief Judge Flanagan for consideration. (Baker, C.)
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Filing 37
Memorandum in Support re #36 Joint MOTION (Ex Parte) for Preliminary Scheduling Order filed by Carolina Power & Light Company. (Belk, Caroline)
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Filing 36
Joint MOTION (Ex Parte) for Preliminary Scheduling Order by Carolina Power & Light Company. (Attachments: #1 Text of Proposed Order on Ex Parte Joint Motion for a Preliminary Scheduling Order) (Belk, Caroline)
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Filing 35
NOTICE of Voluntary Dismissal by W.R. Schofield Construction Co., Inc. by Carolina Power & Light Company (Belk, Caroline)
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Filing 34
NOTICE of Voluntary Dismissal as to Defendants Cohen and Green Salvage Company, Inc. and Endicott Clay Products Company by Carolina Power & Light Company (Belk, Caroline)
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Filing 33
NOTICE of Voluntary Dismissal as to Defendant Chevron Mining, Inc. by Carolina Power & Light Company (Belk, Caroline)
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Filing 32
CERTIFICATE OF SERVICE by Carolina Power & Light Company re #31 Order on Motion to Stay (Attachments: #1 Order filed 3.19.09) (Belk, Caroline)
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Filing 31
ORDER granting #28 Motion to Stay. All deadlines and proceedings in these matters are STAYED until and including April 30, 2009. On or before April 30, 2009, Plaintiffs will file a stipulation of dismissal as to all Defendants who have settled. All deadlines and proceedings shall thereafter remain stayed and the Court will schedule a status conference with all parties to address case management going forward. Signed by Chief Judge Louise Wood Flanagan on 03/16/09. Copies served electronically. (Baker, C.)
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Motions Submitted: #28 MOTION to Stay submitted to Chief Judge Flanagan for consideration. (Baker, C.)
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Filing 30
Proposed Order re #28 MOTION to Stay filed by Carolina Power & Light Company. (Belk, Caroline)
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Filing 29
AMENDED COMPLAINT against Ameren Corporation, Town of Blackstone, Virginia, Bonner Electric, Inc., Chevron Mining, Inc., Cohen and Green Salvage Company, Inc., Owen Electric Steel Company of South Carolina and/or SMI-Owen Steel Company, Inc. and/or SMI Steel, Cooper Industries, Inc., City of Dover, Delaware, Endicott Clay Products Company, Huntsville Utilities, Jet Electric Motor Company, John E. Kelly & Sons Electrical Construction Inc. and/or Kelly Generator & Equipment, Inc. and/or Kelly Electrical Construction, Inc., Lafarge Mid-Atlantic, Inc. and/or Lafarge Mid-Atlantic, LLC and/or Redland Genstar, Lewis Electric Supply Co., Inc., M-P Electrical Contractors, Inc., New Southern of Rocky Mount, Inc., North Carolina State Fair, P. C. Campana, Inc., Phoenix Solutions Company, Tennessee Associated Electric, Inc., Vantech Engineers Inc. and/or Ventech Process Equipment, Inc. and/or Ventech Equipment Inc. and/or Ventech Companies, Veolia Environmental Services, W. R. Schofield Construction Co., Inc., filed by Carolina Power & Light Company. (Belk, Caroline)
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Filing 28
MOTION to Stay re #10 Order on Motion to Stay/Order on Motion to Consolidate Cases - / Plaintiffs' Ex Parte Motion Requesting Expedited Consideration to Extend the Current Stay an Additional 45 Days, Until April 30, 2009 (Fed. R. Civ. P. 6(b)) by Carolina Power & Light Company. (Attachments: #1 Exhibit Memorandum of Law in Support) (Belk, Caroline)
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NOTICE OF DEFICIENCIES re #28 MOTION to Stay - (1) Pursuant to Local Civil Rule 6.1, or the judge's practice preferences on the court's website, counsel must submit a proposed order. The order must be filed electronically using the event PROPOSED ORDER located in the RESPONSES AND REPLIES category. Additionally, the judge's practice preferences MAY require counsel to email the proposed order in a word processing format. (2) This document's caption lends itself to filing in related case 5:08-CV-463-FL. This motion will also need to be filed in that related case for consideration in that matter. (Baker, C.)
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Filing 27
AFFIDAVIT of Service for Summons and Complaint served on Owen Electric Steel Company of South Carolina, Inc. on January 14, 2009, filed by Carolina Power & Light Company. (Attachments: #1 Exhibit USPS Receipt) (Belk, Caroline)
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Filing 26
NOTICE of Voluntary Dismissal as to Defendants Hagerstown Light Department and Surry-Yadkin Electric Membership Corporation by Carolina Power & Light Company (Belk, Caroline)
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Filing 25
NOTICE of Voluntary Dismissal as to Defendant Cotter Electric Company by Carolina Power & Light Company (Belk, Caroline)
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Filing 24
NOTICE by Carolina Power & Light Company re #1 Complaint - Proposed Summons on Chevron Mining Inc. (Belk, Caroline)
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Filing 23
NOTICE of Voluntary Dismissal as to SMI-Owen Steel Company, Inc. by Carolina Power & Light Company (Belk, Caroline)
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Filing 22
Summons Issued as to Owen Electric Steel Company of South Carolina and/or SMI-Owen Steel Company, Inc. and/or SMI Steel. Counsel must print summons to effect service. (Baker, C.)
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Filing 21
NOTICE by Carolina Power & Light Company re #1 Complaint -Proposed Summons on Owen Electric Steel Company of South Carolina (Belk, Caroline)
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Filing 20
NOTICE OF FILING of Defendant M-P Electrical Contractors, Inc.'s Waiver Document by Carolina Power & Light Company re #1 Complaint (Attachments: #1 Exhibit Waiver of Service of Summons) (Belk, Caroline) Modified on 12/17/2008 to clarify docket entry text (Baker, C.).
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Filing 19
NOTICE of Voluntary Dismissal as to Defendant City of Mascoutah, Illinois by Carolina Power & Light Company (Belk, Caroline)
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Filing 18
NOTICE by Carolina Power & Light Company re #1 Complaint, of Filing of Defendants' Waiver Documents (Attachments: #1 Exhibit 1-Waiver/Ameren, #2 Exhibit 2-Waiver/Blackstone, #3 Exhibit 3-Waiver/Bonner Electric, #4 Exhibit 4-Waiver/Cohen and Green, #5 Exhibit 5-Waiver/Cooper Industries, #6 Exhibit 6-Waiver/City of Dover, #7 Exhibit 7-Waiver/Endicott Clay, #8 Exhibit 8-Waiver/Hagerstown, #9 Exhibit 9-Waiver/Huntsville, #10 Exhibit 10-Waiver/Jet Electric, #11 Exhibit 11-Waiver/John E. Kelly & Sons, #12 Exhibit 12-Waiver/LaFarge, #13 Exhibit 13-Waiver/Lewis Electric, #14 Exhibit 14-Waiver/City of Mascoutah, #15 Exhibit 15-Waiver/New Southern, #16 Exhibit 16-Waiver/NC Department of Agriculture, #17 Exhibit 17-Waiver/P.C. Campana, #18 Exhibit 18-Waiver/Phoenix Solutions, #19 Exhibit 19-Waiver/Surry-Yadkin, #20 Exhibit 20-Waiver/Tennessee Associated, #21 Exhibit 21-Waiver/Ventech, #22 Exhibit 22-Waiver/Veolia, #23 Exhibit 23-Waiver/W.R. Schofield) (Belk, Caroline)
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Filing 17
NOTICE of Voluntary Dismissal as to Defendant American Electric Corporation by Carolina Power & Light Company (Belk, Caroline)
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Filing 16
FINANCIAL DISCLOSURE STATEMENT by Lewis Electric Supply Co., Inc. (Roberts, James)
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Filing 15
FINANCIAL DISCLOSURE STATEMENT by Ameren Corporation (Beskind, Donald)
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Filing 14
NOTICE of Appearance by Donald H. Beskind, Jesse H. Rigsby, IV, Joseph Madonia, and Meghan Hubbard on behalf of Union Electric Company, n/k/a Ameren Corporation (Beskind, Donald)
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Filing 13
CERTIFICATE OF SERVICE by Carolina Power & Light Company re #10 Order on Motion to Stay, Order on Motion to Consolidate Cases (Belk, Caroline)
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Filing 12
NOTICE of Appearance by James A. Roberts, III on behalf of Lewis Electric Supply Co., Inc. (Roberts, James)
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Filing 11
NOTICE by Carolina Power & Light Company re #10 Order on Motion to Stay, Order on Motion to Consolidate Cases - Certificate of Service of Order on Defendants (Belk, Caroline)
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Filing 10
ORDER granting in part and denying in part #6 Motion to Stay; denying as moot #8 Motion to Consolidate Cases. Good cause having been shown for why this court should expedite its consideration of the motion to stay, that motion is ALLOWED. The court ALLOWS in part and DENIES in PART the motion to stay. The motion to consolidate is DENIED as MOOT. Deadlines and proceedings in this matter are stayed up to and until March 16, 2009, as outlined within the Court's Order. Signed by Chief Judge Louise Wood Flanagan on 09/23/08. Cys served electronically. (Baker, C.)
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Motions Submitted: #6 MOTION to Stay Ex Parte and Motion for Expedited Consideration AND #8 MOTION to Consolidate Cases submitted to Chief Judge Flanagan for consideration. (Baker, C.)
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Filing 9
Memorandum in Support re #8 MOTION to Consolidate Cases filed by Carolina Power & Light Company. (Belk, Caroline)
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Filing 8
MOTION to Consolidate Cases by Carolina Power & Light Company. (Attachments: #1 Text of Proposed Order to Plaintiffs' Motion to Consolidate) (Belk, Caroline)
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Filing 7
Memorandum in Support re #6 MOTION to Stay Ex Parte and Motion for Expedited Consideration filed by Carolina Power & Light Company. (Belk, Caroline)
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Filing 6
MOTION to Stay Ex Parte and Motion for Expedited Consideration by Carolina Power & Light Company. (Attachments: #1 Text of Proposed Order to Ex Parte Motion to Stay and Motion for Expedited Consideration) (Belk, Caroline)
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Filing 5
ORDER REASSIGNING CASE. Case reassigned to Chief Judge Louise Wood Flanagan for all further proceedings. Judge James C. Fox no longer assigned to case. All future pleadings should reflect the revised case number of 5:08CV460-FL. Signed by Dennis Iavarone, Clerk of Court on 9/17/2008. Copies served on counsel and C. Baker in New Bern. (Edwards, S.)
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Filing 4
ORDER OF RECUSAL. The Clerk of Court is DIRECTED to re-assign this case to another district court judge. Signed by Judge James C. Fox on 9/15/2008. CC:counsel, D. Iavarone, Clerk. (Edwards, S.)
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Per request from counsel for the plaintiff, clerk's office corrected the Cause of Action code in this matter to reflect 42 U.S.C. 9607 as noted in the Complaint. (Heath, D.)
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NOTICE OF DEFICIENCY re: #1 Complaint. For future reference, counsel should use lower case letters with all filings. Thank You.(Heath, D.)
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Case Selected for Mediation - A printable list of certified mediators for the Eastern District of North Carolina is available on the court's Website, http://www.nced.uscourts.gov/applications/mediators.asp. Please serve this list on all parties. (Beasley, B.)
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Added Christopher G. Smith as counsel for the plaintiff. (Heath, D.)
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NOTICE OF CORRECTION re: #1 Complaint. Clerk's Office corrected the parties in this case to reflect the alias and party text information as needed. For future reference, counsel is reminded to add alias' and party text information when adding a party to the case. Thank You. (Heath, D.)
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Filing 3
FINANCIAL DISCLOSURE STATEMENT by CAROLINA POWER & LIGHT COMPANY D/B/A PROGRESS ENERGY CAROLINAS, INC. (Belk, Caroline)
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Filing 2
NOTICE by CAROLINA POWER & LIGHT COMPANY D/B/A PROGRESS ENERGY CAROLINAS, INC. re #1 Complaint - Civil Cover Sheet (Belk, Caroline)
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Filing 1
COMPLAINT against COTTER ELECTRIC COMPANY, CITY OF DOVER, DELAWARE, ENDICOTT CLAY PRODUCTS COMPANY, HAGERSTOWN LIGHT DEPARTMENT, HUNTSVILLE UTILITIES, JET ELECTRIC MOTOR COMPANY, INC., JOHN E. KELLY & SONS ELECTRICAL CONSTRUCTION INC. and/or KELLY GENERATOR & EQUIPMENT, INC. and/or KELLY ELECTRICAL CONSTRUCTION, INC. as successor-in-interest to KELLY ELECTRICAL, LAFARGE MID-ATLANTIC, INC. and/or LAFARGE MID-ATLANTIC, LLC and/or REDLAND GENSTAR as successors-in-interest to GENSTAR STONE PRODUCTS COMPANY, LEWIS ELECTRIC SUPPLY CO., INC., CITY OF MASCOUTAH, ILLINOIS, M-P ELECTRICAL CONTRACTORS, INC., NEW SOUTHERN OF ROCKY MOUNT, INC., NORTH CAROLINA STATE FAIR, a division of the NORTH CAROLINA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, P.C. CAMPANA, INC., PHOENIX SOLUTIONS COMPANY as successor-in-interest to PLASMA ENERGY COMPANY, Surry-Yadkin Electric Membership Corporation, TENNESSEE ASSOCIATED ELECTRIC, INC. a/k/a TENNESSEE ASSOCIATED ELECTRIC HOLDINGS, INC., VENTECH ENGINEERS INC. and/or VENTECH PROCESS EQUIPMENT, INC. and/or VENTECH EQUIPMENT INC. and/or VENTECH COMPANIES as successors-in-interest to VENTECH EQUIPMENT, VEOLIA ENVIRONNEMENT SA and VEOLIA ENVIRONMENTAL SERVICES as successors-in-interest of MONTENAY POWER CORPORATION n/k/a VEOLIA ENVIRONMENTAL SERVICES WASTE-TO-ENERGY, W.R. SCHOFIELD CONSTRUCTION CO., INC., AMEREN CORPORATION as successor-in-interest to UNION ELECTRIC, AMERICAN ELECTRIC CORPORATION, TOWN OF BLACKSTONE, VIRGINIA, BONNER ELECTRIC, INC., CHEVRON MINING, INC. as successor-in-interest to PITTSBURG & MIDWAY COAL MINING COMPANY, COHEN AND GREEN SALVAGE COMPANY, INC., OWEN ELECTRIC STEEL COMPANY OF SOUTH CAROLINA and/or SMI-OWEN STEEL COMPANY, INC. and/or SMI STEEL d/b/a CMC STEEL SOUTH CAROLINA and/or COMMERCIAL METALS COMPANY as successors-in-interest to SMI STEE, COOPER INDUSTRIES, INC. as responsible party for ABEX FRICTION PRODUCTS DIVISION OF ABEX, INC. ( Filing fee $ 350 receipt number 04170000000000686007.), filed by CAROLINA POWER & LIGHT COMPANY D/B/A PROGRESS ENERGY CAROLINAS, INC.. (Belk, Caroline)
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