Consolidation Coal Company v. 3M Company, et al
Plaintiff: Consolidation Coal Company
Defendant: Veolia Environmental Services Waste-to-Energy, Integrated Electrical Services, Inc., Duke Energy Progress, LLC, Pactiv Corporation, Sumter Electric Cooperative, Inc. d/b/a SECO Energy, Kobe Copper Products, Inc., Lockwood's Electric Motor Service, Palmetto Electric Cooperative, Inc., Imerys Fused Minerals Greeneville, Inc., EraChem Comilog Inc., Alcan Primary Products Corporation, Potamac Electric Power Company, LWB Refractories Company, Town of Louisburg, North Carolina, City of Dover, Delaware, The City of Lakeland, Florida, Florida Power & Light Company, Town of Blackstone, Virginia, East Kentucky Power Cooperative, Inc., Santee Electric Cooperative, Inc., Virginia Electric And Power Company, Koch Industries Inc., Sara Lee Corporation d/b/a Hillshire Farms, Atlantic City Electric Company, Jessop Steel Company n/k/a Jessop Steel, L.L.C., O'Berry Neuro-Medical Center, Glenwood Regional Medical Center, St. Joseph Medical Center, Inc., Hagerstown Light Department, Chemical Products Corporation, The Central Intelligence Agency, West Penn Power Company, North Carolina Department of Agriculture and Consumer Services, New Southern of Rocky Mount, Inc., Niagara Mohawk Power Corporation d/b/a National Grid, Domtar Paper Company, L.L.C., Blue Ridge Electric Cooperative, Inc., M-P Electrical Contractors, Inc., Electric Control Equipment Company, North Carolina State University is a constituent of the University of North Carolina, NL Industries, Inc., P. C. Campana, Inc., Baltimore Gas & Electric Company, Kingsport Power Company, Monongahela Power Company, Furman University, Imerys Carbonates, L.L.C., Wartburg College, Georgia Power Company, Intertape Polymer Group, Inc., Delmarva Power & Light Company, Dean's Light Box Inc., Bedford Rural Electric Cooperative, Inc., Bruce-Merrilees Electric Company, Huntsville Utilities, Bonner Electric, Inc., ConocoPhillips Company, PCS Phosphate, Inc., Gladieux Trading & Marketing Company, L.P., Warren Electric Cooperative, Inc., North Georgia Electric Membership Corporation, Weyerhaeuser Company, Midamerican Energy Company, Environmental Protection Services, Inc., Sonoco Products Company, Ventech Engineers, Inc., and/or Ventech Process Equipment, Inc. and/or Ventech Equipment Inc. and/or The Ventech Companies, Unimin Corporation, Hudson Light and Power Department, South Central Power Company, Vulcan Construction Materials, LLC, Danny Corp., Holladay Property Services Midwest, Inc., Bayer Crop Science, Inc., Cogentrix Energy, L.L.C., Dixon Lumber Company, Incorporated, G&S Motor Equipment Company, Inc., Cohen and Green Salvage Company, Inc., Trap Rock Industries Inc., Buist Electric Inc., Tri-State Armature & Electrical Works, Inc., CBS Corporation, American Skiing Company, Cherry Hospital, Owen Electric Steel Company of South Carolina, Apogee Coal Company, L.L.C., Cape Hatteras Electric Membership Corporation, Broad River Electric Cooperative, Inc., BASF Corporation, University of North Carolina at Chapel Hill, a constituent institution of the University of North Carolina, Cleveland Electric Company, Veolia Environmental Services Waste-to-Energy f/k/a Montenay Power Corporation, CHRISTUS Health Northern Louisiana, Caterpillar Inc., Alcoa Inc., International Paper Company, GKN Driveline North American, Inc., Occidental Chemical Corporation, CSX Residual Company, Tredegar Film Products Corporation, Frontier Communications Corporation, International Power Machinery Company, Southland Electrical Supply, Inc., Duquesne Light Company, United States Department of the Army, Guernsey-Muskingum Electric Cooperative, Inc., Carr & Duff, 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., Union Electric Company, Central Regional Hospital, Carlisle Syntec Incorporated, Appalachian Power Company, Jet Electric Motor Co., Inc., Cargill Incorporated, PPL Electric Utilities Corporation, Washington Suburban Sanitary Commission, Power Machinery Company, General Extrusions Incorporated, Foremost Electric & Transmission, Inc., Norfolk Southern Railway Company, Consumers Energy Company, Nucor Corporation, Greenwood Mills, Inc., Dorey Electric Company, 3M Company, Arkema, 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., United Technologies Corporation, Pratt & Whitney Division, W. R. Schofield Construction Co., Duke Energy Carolinas, L.L.C., Union Carbide Corporation, Peace College of Raleigh, Inc., Celanese Corporation, Kraft Foods Global, Inc., Huntington Ingalls Incorporated, General Electric Company, T and R Electric Supply Company, Inc., Martin Marietta Materials, Inc., Phoenix Solutions Company, Chevron Mining, Inc., Green Circle Growers, Inc., Pharmacia Corporation, American Electric Corporation, Surry Yadkin Electric Membership Corporation, United States Defense Logistics Agency, Royal Street Junk Company, Inc., Cotter Electric Company, Lewis Electric Supply Co., Inc., Tennessee Associated Electric, Inc. or Tennessee Associated Electric, Erachem Comilog, Inc., Sales Transaction Defendants Liaison, United States Department of the Air Force, Haines & Kibblehouse, Inc., Cooper Industries, Inc., Tennessee Valley Authority, United States Department of the Navy, Montenay Power Corporation, City of Mascoutah, Illinois, Owen Electric Steel Company of South Carolina, and/or SMI Owen Steel complany, Inc., and/or SMI Steel doing business as CMC Steel South Carolina and/or Commercial Metals Company, Endicott Clay Products Company and Wheelabrator Technologies, Inc.
Petitioner: United States Environmental Protection Agency
Consolidated Defendant: Johnson/Kerner Liaison Group
Special Master: David O Ledbetter
3Rd Party Defendant: The North Carolina Granite Corporation, FABRI-KAL Corporation, The National Lime and Stone Company, Woodstream Corporation, Southern Alloy Corporation, Bay Mechanical & Electrical Corporation, National Railroad Passenger Corporation, Ohio Valley Medical Center, Incorporated, Georgia-Pacific, LLC, Thomasville Furniture Industries, Inc., Henkels & McCoy, Inc., Novartis Corporation, City of Winston-Salem, North Carolina, IES Commercial, Inc., and/or Integrated Electrical Services, Inc., Tallahassee Memorial Healthcare, Inc., Parker-Hannifin Corporation, Mass. Electric Construction Co., Truland Corporation, UPS Ground Freight, Inc., Emma L. Bixby Medical Center, Babson College, Melinz-Rebar, Inc., Batesville Casket Company, Magnetic Metals Corporation, Saint Augustine's College, SHO-ME Power Electric Cooperative, DACCO Incorporated, The Rouse Company, LLC, Villanova University in the State of Pennsylvania, Trinity Industries, Inc., Kerr-McGee Corporation, Riley Power Inc., St. John's College, Barnes & Powell Elecrical Company, Inc., Gencorp, Inc., E. Luke Greene Company, Inc., Delaware Electric Cooperative, Inc., Timken US LLC, Seabrook Enterprises, Inc., CEMEX Construction Materials FL, LLC, Robert Bosch LLC, Davis. Jerry Inc. and J. C. Blair Memorial Hospital
3Rd Party Plaintiff: PCS Phosphate Company, Inc.
Cross Defendant: Electric Equipment Corporation of Virginia, Cooper Tire & Rubber Company and Huntington Ingalls Incorporated.
Case Number: 5:2008cv00463
Filed: September 15, 2008
Court: US District Court for the Eastern District of North Carolina
Office: Environmental Matters Office
County: BEAUFORT
Presiding Judge: Louise Wood Flanagan
Nature of Suit: Environmental Matters
Cause of Action: 42:9607
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on March 8, 2017. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 8, 2017 Opinion or Order 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.)
January 6, 2017 Filing 1841 STIPULATION of Dismissal of Defendants Consolidation Coal Company, Duke Energy Progress, LLC and PCS Phosphate Company, Inc. by Duke Energy Progress, LLC (Ovies, Kelli)
January 5, 2017 Filing 1840 STIPULATION of Dismissal of Defendant Domtar Paper Company, LLC by Duke Energy Progress, LLC (Ovies, Kelli)
January 4, 2017 Filing 1839 STIPULATION of Dismissal of Defendant Unimin Corporation by PCS Phosphate Company, Inc., PCS Phosphate, Inc. (Story, Jane)
January 4, 2017 Filing 1838 STIPULATION of Dismissal of Defendant Sonoco Products Company by PCS Phosphate Company, Inc., PCS Phosphate, Inc. (Story, Jane)
January 4, 2017 Filing 1837 STIPULATION of Dismissal of Defendant GKN Driveline North America, Inc. by PCS Phosphate Company, Inc., PCS Phosphate, Inc. (Story, Jane)
January 4, 2017 Filing 1836 STIPULATION of Dismissal of Defendant Dixon Lumber Company, Inc. by PCS Phosphate Company, Inc., PCS Phosphate, Inc. (Story, Jane)
January 4, 2017 Filing 1835 STIPULATION of Dismissal of Defendant Broad River Electric Cooperative by PCS Phosphate Company, Inc., PCS Phosphate, Inc. (Story, Jane)
January 4, 2017 Filing 1834 STIPULATION of Dismissal With Prejudice of Defendant The General Electric Company by Consolidation Coal Company (Vanneman, Julie)
December 22, 2016 Filing 1833 STIPULATION of Dismissal With Prejudice of Defendant Martin Marietta Materials, Inc. by Consolidation Coal Company (Vanneman, Julie)
December 20, 2016 Filing 1832 STIPULATION of Dismissal With Prejudice of Defendant Erachem Comilog, Inc. f/k/a Chemtals Incorporated by Consolidation Coal Company (Vanneman, Julie)
November 22, 2016 Opinion or Order 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.)
October 20, 2016 Opinion or Order TEXT ORDER regarding #1831 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.)
October 19, 2016 Filing 1831 STATUS REPORT - Thirteenth Report of Special Master by David O. Ledbetter. (Ledbetter, David)
October 4, 2016 Opinion or Order Filing 1830 ORDER granting #1829 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.)
October 3, 2016 Filing 1829 MOTION to Withdraw as Attorney filed by Mass. Electric Construction Co. (Attachments: #1 Text of Proposed Order) (Larson, Linda)
September 29, 2016 Filing 1828 STIPULATION of Dismissal With Prejudice of Defendant Kraft Heinz Foods Company as Successor to Kraft Foods Global, Inc. by PCS Phosphate Company, Inc., PCS Phosphate, Inc. (Story, Jane)
September 15, 2016 Filing 1827 STATUS REPORT by Duke Energy Progress, LLC (Ovies, Kelli)
September 13, 2016 Filing 1826 STIPULATION of Dismissal with Prejudice of Carr & Duff, Inc. by Consolidation Coal Company (Vanneman, Julie)
September 8, 2016 Filing 1825 STIPULATION of Dismissal of Claims Against Third Party Defendant Georgia Pacific, LLC by PCS Phosphate Company, Inc. (Meynardie, Robert)
August 28, 2016 Filing 1824 STIPULATION of Dismissal with Prejudice of Union Carbide Corporation by Consolidation Coal Company (Vanneman, Julie)
August 26, 2016 Filing 1823 Notice of Substitution of Counsel filed by Elizabeth Connolly Stone on behalf of Tallahassee Memorial Healthcare, Inc. substituting for Kacy L. Hunt. (Stone, Elizabeth)
August 19, 2016 Filing 1822 STIPULATION of Dismissal With Prejudice of Defendant Lafarge Mid-Atlantic LLC by PCS Phosphate Company, Inc., PCS Phosphate, Inc. (Story, Jane)
August 18, 2016 Filing 1821 STIPULATION of Dismissal of Defendant Vulcan Construction Materials, LLC by Consolidation Coal Company (Vanneman, Julie)
August 18, 2016 Filing 1820 STIPULATION of Dismissal of Defendant North Georgia Electric Membership Corporation by Consolidation Coal Company (Vanneman, Julie)
August 18, 2016 Filing 1819 STIPULATION of Dismissal of Defendant Huntington Ingalls Incorporated by Consolidation Coal Company (Vanneman, Julie)
August 12, 2016 Opinion or Order Filing 1818 ORDER granting #1817 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.)
August 11, 2016 Motion Submitted to District Judge Louise Wood Flanagan - #1817 MOTION to Amend Case Caption. (Baker, C.)
August 11, 2016 Filing 1817 MOTION to Amend Case Caption filed by Vulcan Construction Materials, L.P. (Attachments: #1 Text of Proposed Order) (Rathgeber, Geoffrey)
August 8, 2016 Filing 1816 STIPULATION of Dismissal of Defendant Chemical Products Corporation by Duke Energy Progress, LLC (Ovies, Kelli)
August 2, 2016 Opinion or Order TEXT ORDER denying #1811 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.)
August 2, 2016 Motion Submitted to District Judge Louise Wood Flanagan - #1811 MOTION for Extension of Time to File Response to Motions for Summary Judgment and File Motions to Exclude Expert Testimony. (Baker, C.)
July 19, 2016 Opinion or Order TEXT ORDER regarding #1815 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.)
July 19, 2016 Filing 1815 STATUS REPORT - Twelfth Report of Special Master by David O Ledbetter. (Ledbetter, David)
July 13, 2016 Filing 1814 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)
July 13, 2016 Filing 1813 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)
July 11, 2016 Filing 1812 STIPULATION of Dismissal With Prejudice of Defendant Intertape Polymer Group, Inc. by PCS Phosphate Company, Inc., PCS Phosphate, Inc. (Story, Jane)
July 8, 2016 Filing 1811 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)
July 8, 2016 NOTICE OF DEFICIENCY regarding #1810 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.)
July 8, 2016 Filing 1810 *DOCUMENT CORRECTED AND REFILED AT DOCKET ENTRY #1811 * - MOTION for Extension of Time to File Response/Reply to Respond 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) Modified on 7/8/2016 to insert refiling information. (Baker, C.)
July 7, 2016 Filing 1809 STIPULATION of Dismissal With Prejudice of Defendant Virginia Electric and Power Company by PCS Phosphate Company, Inc., PCS Phosphate, Inc. (Story, Jane)
June 8, 2016 Opinion or Order Filing 1808 ORDER granting #1807 Motion to Withdraw as Attorney - Attorney Julie Yates Cronin terminated as counsel for Caterpillar Inc. Signed by District Judge Louise Wood Flanagan on 6/8/2016. (Baker, C.)
June 8, 2016 Filing 1807 MOTION to Withdraw as Attorney filed by Caterpillar Inc. (Attachments: #1 Text of Proposed Order to Withdraw as Counsel) (Cronin, Julie)
June 8, 2016 Filing 1806 *DOCUMENT CORRECTED AND REFILED AT DOCKET ENTRY #1807 * - MOTION to Withdraw as Attorney filed by Caterpillar Inc. (Cronin, Julie) Modified on 6/8/2016 to insert refiling information. (Baker, C.)
June 7, 2016 Filing 1805 STIPULATION of Dismissal of Defendant Cape Hatteras Electric Membership Corporation by Duke Energy Progress, LLC (Ovies, Kelli)
June 3, 2016 Filing 1804 Notice of Substitution of Counsel filed by Kendall Lee Stensvad on behalf of Huntington Ingalls Incorporated, Imerys Carbonates, L.L.C., Imerys Fused Minerals Greeneville, Inc., North Georgia Electric Membership Corporation, Union Carbide Corporation, Vulcan Construction Materials, L.P. substituting for Richard A. McAvoy. (Stensvad, Kendall)
June 2, 2016 Filing 1803 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 Phosphate Company, Inc., PCS Phosphate, Inc. (Story, Jane)
June 2, 2016 Filing 1802 STIPULATION of Dismissal With Prejudice of Defendant Guernsey-Muskingum Electric Cooperative, Inc. by PCS Phosphate Company, Inc., PCS Phosphate, Inc. (Story, Jane)
June 1, 2016 Filing 1801 STIPULATION of Dismissal With Prejudice of Defendant Owen Electric Steel Company of South Carolina by Consolidation Coal Company. (Vanneman, Julie)
May 25, 2016 Filing 1800 STIPULATION of Dismissal With Prejudice of Third-Party Defendant Novartis Corporation by PCS Phosphate Company, Inc., PCS Phosphate, Inc. (Story, Jane)
May 23, 2016 Filing 1799 STIPULATION of Dismissal With Prejudice of Defendant Furman University by PCS Phosphate Company, Inc., PCS Phosphate, Inc. (Story, Jane)
May 23, 2016 Filing 1798 STIPULATION of Dismissal With Prejudice of Third-Party Defendant Robert Bosch LLC by PCS Phosphate Company, Inc., PCS Phosphate, Inc. (Story, Jane)
May 18, 2016 Filing 1797 STIPULATION of Dismissal With Prejudice of Defendant Consumers Energy Company by PCS Phosphate Company, Inc., PCS Phosphate, Inc. (Story, Jane)
May 9, 2016 Opinion or Order 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.)
April 12, 2016 Filing 1796 STATUS REPORT - Eleventh Report of Special Master by David O Ledbetter. (Ledbetter, David)
March 31, 2016 Opinion or Order Filing 1795 ORDER granting #1794 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.)
March 30, 2016 Motion Submitted to District Judge Louise Wood Flanagan regarding #1794 MOTION to Withdraw as Attorney of Record. (Tripp, S.)
March 30, 2016 Filing 1794 MOTION to Withdraw as Attorney of Record filed by Guernsey-Muskingum Electric Cooperative, Inc.. (Attachments: #1 Text of Proposed Order) (Perdion, Jason)
March 30, 2016 Opinion or Order Filing 1793 ORDER granting #1791 Motion for Extension of Time to File Response/Reply regarding #1745 MOTION for Summary Judgment, #1746 MOTION for Summary Judgment, #1744 MOTION for Summary Judgment, #1743 MOTION for Summary Judgment, and #1747 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 July 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 witnesses pursuant 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.)
March 25, 2016 Motion Submitted to District Judge Louise Wood Flanagan - #1791 MOTION for Extension of Time. (Baker, C.)
March 25, 2016 NOTICE OF DEFICIENCY regarding #1792 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.)
March 24, 2016 Filing 1792 RESPONSE in Opposition regarding #1791 MOTION for Extension of Time filed by Broad River Electric Cooperative, Inc., Dixon Lumber Company, Incorporated, GKN Driveline North American, Inc., Sonoco Products Company, Unimin Corporation. (Fedder, Jane)
March 24, 2016 Filing 1791 MOTION for Extension of Time to File Response as to #1743 MOTION for Summary Judgment, #1745 MOTION for Summary Judgment, #1747 MOTION for Summary Judgment, #1744 MOTION for Summary Judgment, #1746 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)
March 22, 2016 Filing 1790 Notice of Substitution of Counsel filed by Geoffrey C. Rathgeber on behalf of Huntington Ingalls Incorporated, Imerys Carbonates, L.L.C., Imerys Fused Minerals Greeneville, Inc., North Georgia Electric Membership Corporation, Union Carbide Corporation, Vulcan Construction Materials, L.P. substituting for Sarah T. Babcock. (Rathgeber, Geoffrey)
March 16, 2016 Filing 1789 STIPULATION of Dismissal of Defendant Baltimore Gas and Electric Company by Duke Energy Progress, LLC (Ovies, Kelli)
February 25, 2016 Filing 1788 STIPULATION of Dismissal With Prejudice of Defendant Bedford Rural Electric Cooperative, Inc. by PCS Phosphate Company, Inc., PCS Phosphate, Inc. (Story, Jane)
February 25, 2016 Filing 1787 STIPULATION of Dismissal With Prejudice by PCS Phosphate Company, Inc., The National Lime and Stone Company. (Shipley, Curtis)
February 19, 2016 Filing 1786 STIPULATION of Dismissal With Prejudice of Third-Party Defendant Barnes & Powell Electrical Company, Inc. by PCS Phosphate Company, Inc., PCS Phosphate, Inc. (Story, Jane)
February 18, 2016 Filing 1785 STIPULATION of Dismissal With Prejudice of Third-Party Defendant The North Carolina Granite Corporation by PCS Phosphate Company, Inc., PCS Phosphate, Inc. (Story, Jane)
February 16, 2016 Filing 1784 STIPULATION of Dismissal With Prejudice of Defendant Santee Electric Cooperative, Inc. by PCS Phosphate Company, Inc., PCS Phosphate, Inc. (Story, Jane)
February 10, 2016 Filing 1783 STIPULATION of Dismissal With Prejudice of Defendant Greenwood Mills, Inc. by PCS Phosphate Company, Inc., PCS Phosphate, Inc. (Story, Jane)
February 4, 2016 Filing 1782 STIPULATION of Dismissal With Prejudice of Defendant CHRISTUS Health Northern Louisiana by PCS Phosphate Company, Inc., PCS Phosphate, Inc. (Story, Jane)
February 4, 2016 Filing 1781 STIPULATION of Dismissal With Prejudice of Defendant Monongahela Power Company by Consolidation Coal Company (Vanneman, Julie)
February 4, 2016 Filing 1780 STIPULATION of Dismissal With Prejudice of Defendant West Penn Power Company by Consolidation Coal Company (Vanneman, Julie)
February 4, 2016 Filing 1779 STIPULATION of Dismissal of Defendant Pharmacia LLC by Duke Energy Progress, LLC (Ovies, Kelli)
February 2, 2016 Filing 1778 STIPULATION of Dismissal With Prejudice of Defendant Palmetto Electric Cooperative, Inc. by PCS Phosphate Company, Inc., PCS Phosphate, Inc. (Story, Jane)
January 22, 2016 Filing 1777 STIPULATION of Dismissal With Prejudice of Third-Party Defendant Bay Mechanical & Electrical Corporation by PCS Phosphate Company, Inc., PCS Phosphate, Inc. (Story, Jane)
January 22, 2016 Filing 1776 STIPULATION of Dismissal With Prejudice of Defendant Buist Electric, Inc. by Consolidation Coal Company (Vanneman, Julie)
January 19, 2016 Filing 1775 STIPULATION of Dismissal of Defendant Town of Louisburg by Duke Energy Progress, LLC. (Ovies, Kelli)
January 15, 2016 Filing 1774 STIPULATION of Dismissal With Prejudice of Third-Party Defendant Truland Corporation by PCS Phosphate Company, Inc., PCS Phosphate, Inc. (Story, Jane)
January 14, 2016 Opinion or Order TEXT ORDER regarding #1770 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.)
January 14, 2016 Opinion or Order Filing 1773 ORDER granting #1740 Motion for Relief from Liaison Counsel Duties - Signed by District Judge Louise Wood Flanagan on 1/14/2016. (Baker, C.)
January 13, 2016 Filing 1772 STIPULATION of Dismissal With Prejudice of Third-Party Defendant Tallahassee Memorial Healthcare, Inc. by PCS Phosphate Company, Inc., PCS Phosphate, Inc. (Story, Jane)
January 13, 2016 Filing 1771 STIPULATION of Dismissal With Prejudice of Defendant/Third-Party Defendant IES Commercial, Inc. by PCS Phosphate Company, Inc., PCS Phosphate, Inc. (Story, Jane)
January 13, 2016 Opinion or Order Filing 1770 ORDER granting in part #1767 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.)
January 12, 2016 Motion Submitted to District Judge Louise Wood Flanagan - #1767 MOTION for Extension of Time to File Responses. (Baker, C.)
January 12, 2016 Filing 1769 REPLY to Response to Motion regarding #1767 MOTION for Extension of Time to File Response as to #1743 MOTION for Summary Judgment, #1745 MOTION for Summary Judgment, #1747 MOTION for Summary Judgment, #1744 MOTION for Summary Judgment filed by PCS Phosphate Company, Inc., PCS Phosphate, Inc. (Story, Jane)
January 8, 2016 Filing 1768 Memorandum in Opposition regarding #1767 MOTION for Extension of Time to File Response/Reply as to #1743 MOTION for Summary Judgment , #1745 MOTION for Summary Judgment , #1747 MOTION for Summary Judgment , #1744 MOTION for Summary Judgment , [174 filed by Broad River Electric Cooperative, Inc., Dixon Lumber Company, Incorporated, GKN Driveline North American, Inc., Sonoco Products Company, Unimin Corporation. (Fedder, Jane)
January 8, 2016 Filing 1767 MOTION for Extension of Time to File Response as to #1743 MOTION for Summary Judgment, #1745 MOTION for Summary Judgment, #1747 MOTION for Summary Judgment, #1744 MOTION for Summary Judgment, #1746 MOTION for Summary Judgment filed by PCS Phosphate Company, Inc., PCS Phosphate, Inc. (Attachments: #1 Text of Proposed Order) (Story, Jane)
January 5, 2016 Filing 1766 STATUS REPORT - Tenth Report of Special Master by David O. Ledbetter. (Ledbetter, David)
January 5, 2016 Motion Submitted to District Judge Louise Wood Flanagan - #1740 MOTION for Relief from Liaison Counsel Duties. (Baker, C.)
January 4, 2016 Filing 1765 STIPULATION of Dismissal With Prejudice of Defendant Royal Street Junk Company, Inc. by PCS Phosphate Company, Inc., PCS Phosphate, Inc. (Story, Jane)
December 30, 2015 Filing 1764 STIPULATION of Dismissal With Prejudice of Defendant Caterpillar, Inc. by Consolidation Coal Company. (Vanneman, Julie)
December 30, 2015 Filing 1763 Statement of Material Facts regarding #1743 MOTION for Summary Judgment , #1745 MOTION for Summary Judgment , #1747 MOTION for Summary Judgment , #1744 MOTION for Summary Judgment , #1746 MOTION for Summary Judgment filed by Broad River Electric Cooperative, Inc., Dixon Lumber Company, Incorporated, GKN Driveline North American, Inc., Sonoco Products Company, Unimin Corporation. (Attachments: #1 Appendix to Joint Statement of Undisputed Material Facts) (Fedder, Jane)
December 29, 2015 Filing 1762 STIPULATION of Dismissal of Koch Industries, Inc. by Duke Energy Progress, LLC. (Ovies, Kelli)
December 23, 2015 Opinion or Order Filing 1761 ORDER granting #1760 Motion for Extension of Time to File Response regarding #1745 MOTION for Summary Judgment, #1746 MOTION for Summary Judgment, #1744 MOTION for Summary Judgment, #1743 MOTION for Summary Judgment, and #1747 MOTION for Summary Judgment - Responses due by 2/1/2016. Signed by District Judge Louise Wood Flanagan on 12/23/2015. (Tripp, S.)
December 23, 2015 Motion Submitted to District Judge Louise Wood Flanagan regarding #1760 Consent MOTION for Extension of Time to File Response/Reply. (Tripp, S.)
December 23, 2015 Filing 1760 Consent MOTION for Extension of Time to File Response as to #1743 MOTION for Summary Judgment, #1745 MOTION for Summary Judgment, #1747 MOTION for Summary Judgment, #1744 MOTION for Summary Judgment, #1746 MOTION for Summary Judgment filed by PCS Phosphate Company, Inc., PCS Phosphate, Inc. (Attachments: #1 Text of Proposed Order) (Story, Jane)
December 18, 2015 Filing 1759 STIPULATION of Dismissal of Defendant Frontier Communications Corporation by Duke Energy Progress, LLC (Ovies, Kelli)
December 18, 2015 Opinion or Order 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.)
December 18, 2015 Filing 1758 STIPULATION of Dismissal With Prejudice of Third-Party Defendant Saint Augustine's University by PCS Phosphate Company, Inc., PCS Phosphate, Inc. (Story, Jane)
December 17, 2015 Filing 1757 STIPULATION of Dismissal With Prejudice of Defendant Cargill Incorporated by Consolidation Coal Company (Vanneman, Julie)
December 17, 2015 Filing 1756 STIPULATION of Dismissal of Defendant International Paper Company by Duke Energy Progress, LLC (Ovies, Kelli)
December 16, 2015 Filing 1755 STIPULATION of Dismissal With Prejudice of Third-Party Defendant Southern Alloy Corporation by PCS Phosphate Company, Inc., PCS Phosphate, Inc. (Story, Jane)
December 15, 2015 Filing 1754 STIPULATION of Dismissal with Prejudice of Third-Party Defendant GenCorp Inc. by PCS Phosphate Company, Inc. (Shipley, Curtis)
December 15, 2015 Filing 1753 STIPULATION of Dismissal with Prejudice of Third-Party Defendant Riley Power Inc. by PCS Phosphate Company, Inc. (Shipley, Curtis)
December 14, 2015 Filing 1752 STIPULATION of Dismissal of Defendant Alcoa Inc. by Duke Energy Progress, LLC (Ovies, Kelli)
December 14, 2015 Filing 1751 STIPULATION of Dismissal of Defendant Electric Equipment Corporation of Virginia by Duke Energy Progress, LLC (Ovies, Kelli)
December 11, 2015 Filing 1750 Notice of Additional Exhibits 21-49 filed by Broad River Electric Cooperative, Inc., Dixon Lumber Company, Incorporated, GKN Driveline North American, Inc., Sonoco Products Company, Unimin Corporation regarding #1748 Memorandum in Support. (Attachments: #1 Exhibit 21 - A-019167-75; A-019177-84; WT026078-84; EPA-WCR 00018012-15, #2 Exhibit 22 - WT026073-75; 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 - WT026863-868, 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 - WT028516, #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)
December 11, 2015 Filing 1749 Notice of Additional Exhibits 10-20 filed by Broad River Electric Cooperative, Inc., Dixon Lumber Company, Incorporated, GKN Driveline North American, Inc., Sonoco Products Company, Unimin Corporation regarding #1748 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 14 - 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 Expert rebuttal report of Neil Shifrin, #10 Exhibit 19 - Depositi18 - on excerpts of Neil Shifrin, #11 Exhibit 20 - Deposition excerpts of Steven Emsbo-Mattingly) (Fedder, Jane)
December 11, 2015 Filing 1748 Memorandum in Support regarding #1743 MOTION for Summary Judgment, #1745 MOTION for Summary Judgment, #1747 MOTION for Summary Judgment, #1744 MOTION for Summary Judgment, #1746 MOTION for Summary Judgment filed by Broad River Electric Cooperative, Inc., Dixon Lumber Company, Incorporated, 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)
December 11, 2015 Filing 1747 MOTION for Summary Judgment filed by Unimin Corporation. (Attachments: #1 Text of Proposed Order) (Fedder, Jane)
December 11, 2015 Filing 1746 MOTION for Summary Judgment filed by Sonoco Products Company. (Attachments: #1 Text of Proposed Order) (Fedder, Jane)
December 11, 2015 Filing 1745 MOTION for Summary Judgment filed by GKN Driveline North American, Inc. (Attachments: #1 Text of Proposed Order) (Fedder, Jane)
December 11, 2015 Filing 1744 MOTION for Summary Judgment filed by Dixon Lumber Company, Incorporated. (Attachments: #1 Text of Proposed Order) (Fedder, Jane)
December 11, 2015 Filing 1743 MOTION for Summary Judgment filed by Broad River Electric Cooperative, Inc. (Attachments: #1 Text of Proposed Order) (Fedder, Jane)
December 10, 2015 Filing 1742 STIPULATION of Dismissal With Prejudice of Defendant BASF Corporation by Consolidation Coal Company (Vanneman, Julie)
December 10, 2015 Filing 1741 Memorandum in Support regarding #1740 MOTION for Relief from Liaison Counsel Duties filed by Johnson/Kerner Liaison Group. (Johnson, Keith)
December 10, 2015 Filing 1740 MOTION for Relief from Liaison Counsel Duties filed by Johnson/Kerner Liaison Group. (Attachments: #1 Text of Proposed Order) (Johnson, Keith)
December 7, 2015 Filing 1739 STIPULATION of Dismissal With Prejudice of Defendant Southland Electrical Supply, Inc. by PCS Phosphate Company, Inc., PCS Phosphate, Inc. (Story, Jane)
December 7, 2015 Filing 1738 STIPULATION of Dismissal With Prejudice of Defendant Danny Corp. by PCS Phosphate Company, Inc., PCS Phosphate, Inc. (Story, Jane)
December 7, 2015 Filing 1737 STIPULATION of Dismissal as to Defendant Southland Electrical Supply, Inc. by Duke Energy Progress, LLC (Ovies, Kelli)
December 7, 2015 Filing 1736 STIPULATION of Dismissal as to Defendant Danny Corp. by Duke Energy Progress, LLC (Ovies, Kelli)
December 2, 2015 Opinion or Order Filing 1735 ORDER granting #1732 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.)
December 1, 2015 Filing 1734 STIPULATION of Dismissal With Prejudice of Defendant Weyerhaeuser Company by Consolidation Coal Company. (Vanneman, Julie)
November 30, 2015 Filing 1733 STIPULATION of Dismissal With Prejudice of Defendant Bruce and Merrilees Electric Company by PCS Phosphate Company, Inc., PCS Phosphate, Inc. (Story, Jane)
November 24, 2015 Motion Submitted to District Judge Louise Wood Flanagan - #1732 MOTION to Withdraw as Attorney. (Baker, C.)
November 23, 2015 Filing 1732 MOTION to Withdraw as Attorney filed by G&S Motor Equipment Company, Inc. (Attachments: #1 Text of Proposed Order) (Gifford, William)
November 16, 2015 Filing 1731 STIPULATION of Dismissal With Prejudice of Third-Party Defendant J.C. Blair Memorial Hospital by PCS Phosphate Company, Inc., PCS Phosphate, Inc. (Story, Jane)
November 12, 2015 Filing 1730 STIPULATION of Dismissal of Defendant Pactiv Corporation by Duke Energy Progress, LLC. (Ovies, Kelli)
November 11, 2015 Filing 1729 STIPULATION of Dismissal With Prejudice of Defendant PPL Electric Utilities Corporation by Consolidation Coal Company. (Vanneman, Julie)
November 11, 2015 Filing 1728 STIPULATION of Dismissal With Prejudice of Defendant Gladieux Trading & Marketing Company, L.P. by PCS Phosphate Company, Inc., PCS Phosphate, Inc. (Story, Jane)
November 10, 2015 Filing 1727 STIPULATION of Dismissal With Prejudice of Third-Party Defendant Batesville Casket Company, Inc. by PCS Phosphate Company, Inc., PCS Phosphate, Inc. (Story, Jane)
October 30, 2015 Filing 1726 STIPULATION of Dismissal With Prejudice of Defendant Tredegar Film Products Corporation by PCS Phosphate Company, Inc., PCS Phosphate, Inc. (Story, Jane)
October 27, 2015 Filing 1725 STIPULATION of Dismissal With Prejudice of Defendant Green Circle Growers, Inc. by PCS Phosphate Company, Inc., PCS Phosphate, Inc. (Story, Jane)
October 16, 2015 Filing 1724 STIPULATION of Dismissal of Defendant Blue Ridge Electric Cooperative, Inc. by Duke Energy Progress, LLC. (Ovies, Kelli)
October 16, 2015 Filing 1723 STIPULATION of Dismissal Defendant United Technologies Corporation, Pratt & Whitney Division by Duke Energy Progress, LLC. (Ovies, Kelli)
October 16, 2015 Filing 1722 STIPULATION of Dismissal of Defendant G&S Motor Equipment Company, Inc. by Duke Energy Progress, LLC. (Ovies, Kelli)
October 15, 2015 Filing 1721 STIPULATION of Dismissal With Prejudice of Defendant Arkema, Inc. by Consolidation Coal Company. (Vanneman, Julie)
October 15, 2015 Filing 1720 STIPULATION of Dismissal With Prejudice of Defendant Duquesne Light Company by Consolidation Coal Company. (Vanneman, Julie)
October 15, 2015 Filing 1719 STIPULATION of Dismissal With Prejudice of Defendant Jessop Steel,L.L.C. by Consolidation Coal Company. (Vanneman, Julie)
October 15, 2015 Filing 1718 STIPULATION of Dismissal of Defendant Washington Suburban Sanitary Commission by Duke Energy Progress, LLC. (Ovies, Kelli)
October 15, 2015 Filing 1717 STIPULATION of Dismissal of Defendant Tri-State Armature & Electrical Works, Inc. by Duke Energy Progress, LLC. (Ovies, Kelli)
October 15, 2015 Filing 1716 STIPULATION of Dismissal of Defendant St. Joseph Medical Center, Inc. by Duke Energy Progress, LLC. (Ovies, Kelli)
October 15, 2015 Filing 1715 STIPULATION of Dismissal of Defendant Glenwood Regional Medical Center by Duke Energy Progress, LLC. (Ovies, Kelli)
October 15, 2015 Filing 1714 STIPULATION of Dismissal of Defendant Electric Control Equipment Company by Duke Energy Progress, LLC. (Ovies, Kelli)
October 14, 2015 Filing 1713 AMENDED DOCUMENT by Duke Energy Progress, LLC. Amendment to #1691 Stipulation of Dismissal of Defendant CGX Energy, LLC (f/k/a Cogentrix Energy, LLC, f/k/a Cogentrix Energy, Inc.). (Ovies, Kelli)
October 14, 2015 Filing 1712 STIPULATION of Dismissal of Defendant Duke Energy Carolinas, LLC by Duke Energy Progress, LLC. (Ovies, Kelli)
October 14, 2015 Filing 1711 STIPULATION of Dismissal of Defendant Warren Electric Cooperative, Inc. by Duke Energy Progress, LLC. (Ovies, Kelli)
October 14, 2015 Filing 1710 STIPULATION of Dismissal of Defendant Ventech Equipment, Inc. by Duke Energy Progress, LLC. (Ovies, Kelli)
October 14, 2015 Filing 1709 STIPULATION of Dismissal of Defendant Union Electric Company d/b/a Ameren Missouri by Duke Energy Progress, LLC. (Ovies, Kelli)
October 14, 2015 Filing 1708 STIPULATION of Dismissal of Defendant Sumter Electric Cooperative, Inc. d/b/a SECO Energy by Duke Energy Progress, LLC. (Ovies, Kelli)
October 14, 2015 Filing 1707 STIPULATION of Dismissal of Defendant South Central Power Company by Duke Energy Progress, LLC. (Ovies, Kelli)
October 14, 2015 Filing 1706 STIPULATION of Dismissal of Defendant Potomac Electric Power Company by Duke Energy Progress, LLC. (Ovies, Kelli)
October 14, 2015 Filing 1705 STIPULATION of Dismissal of Defendant P.C. Campana, Inc. by Duke Energy Progress, LLC. (Ovies, Kelli)
October 14, 2015 Filing 1704 STIPULATION of Dismissal of Defendant Occidental Chemical Corporation by Duke Energy Progress, LLC. (Ovies, Kelli)
October 14, 2015 Filing 1703 STIPULATION of Dismissal of Defendant NL Industries, Inc. by Duke Energy Progress, LLC. (Ovies, Kelli)
October 14, 2015 Filing 1702 STIPULATION of Dismissal of Defendant MidAmerican Energy Company by Duke Energy Progress, LLC. (Ovies, Kelli)
October 14, 2015 Filing 1701 STIPULATION of Dismissal of Defendant Kingsport Power Company by Duke Energy Progress, LLC. (Ovies, Kelli)
October 14, 2015 Filing 1700 STIPULATION of Dismissal of Defendant Jet Electric Motor Co., Inc. by Duke Energy Progress, LLC. (Ovies, Kelli)
October 14, 2015 Filing 1699 STIPULATION of Dismissal of Defendant Huntsville Utilities by Duke Energy Progress, LLC. (Ovies, Kelli)
October 14, 2015 Filing 1698 STIPULATION of Dismissal of Defendant Holladay Property Services Midwest, Inc. by Duke Energy Progress, LLC. (Ovies, Kelli)
October 14, 2015 Filing 1697 STIPULATION of Dismissal of Defendant Haines & Kibblehouse, Inc. by Duke Energy Progress, LLC. (Ovies, Kelli)
October 14, 2015 Filing 1696 STIPULATION of Dismissal of Defendant General Extrusions, Inc. by Duke Energy Progress, LLC. (Ovies, Kelli)
October 14, 2015 Filing 1695 STIPULATION of Dismissal of Defendant Florida Power & Light Company by Duke Energy Progress, LLC. (Ovies, Kelli)
October 14, 2015 Filing 1694 STIPULATION of Dismissal of Defendant East Kentucky Power Cooperative, Inc. by Duke Energy Progress, LLC. (Ovies, Kelli)
October 14, 2015 Filing 1693 STIPULATION of Dismissal of Defendant Delmarva Power & Light Company by Duke Energy Progress, LLC. (Ovies, Kelli)
October 14, 2015 Filing 1692 STIPULATION of Dismissal of Defendant ConocoPhillips Company d/b/a Phillips 66 by Duke Energy Progress, LLC. (Ovies, Kelli)
October 14, 2015 Filing 1691 STIPULATION of Dismissal of Defendant CGX Energy, LLC (f/k/a Cogentrix Energy, LLC, f/k/a Cogentrix Energy, Inc.) by Duke Energy Progress, LLC. (Ovies, Kelli)
October 14, 2015 Filing 1690 STIPULATION of Dismissal of Defendant CBS Corporation by Duke Energy Progress, LLC. (Ovies, Kelli)
October 14, 2015 Filing 1689 STIPULATION of Dismissal of Defendant Atlantic City Electric Company by Duke Energy Progress, LLC. (Ovies, Kelli)
October 14, 2015 Filing 1688 STIPULATION of Dismissal of Defendant Appalachian Power Company by Duke Energy Progress, LLC. (Ovies, Kelli)
October 14, 2015 Filing 1687 STIPULATION of Dismissal of Defendant Alcan Primary Products Corporation by Duke Energy Progress, LLC. (Ovies, Kelli)
October 14, 2015 Filing 1686 STIPULATION of Dismissal With Prejudice of Third-Party Defendant Mass. Electric Construction Co. by PCS Phosphate Company, Inc., PCS Phosphate, Inc.. (Story, Jane)
October 14, 2015 Filing 1685 STIPULATION of Dismissal With Prejudice of Third-Party Defendant National Railroad Passenger Corporation by PCS Phosphate Company, Inc., PCS Phosphate, Inc.. (Story, Jane)
October 5, 2015 TEXT ORDER regarding #1593 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.)
October 1, 2015 Opinion or Order Filing 1684 ORDER regarding #1683 Ninth Status Report filed by David O. Ledbetter - Signed by District Judge Louise Wood Flanagan on 10/1/2015. (Baker, C.)
September 29, 2015 NOTICE OF CORRECTION regarding #1681 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.)
September 29, 2015 Filing 1683 STATUS REPORT Ninth Report of Special Master by David O Ledbetter. (Ledbetter, David)
September 23, 2015 Opinion or Order Filing 1682 ORDER granting #1654 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.)
September 18, 2015 Opinion or Order 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.)
September 18, 2015 NOTICE OF CORRECTION regarding #1681 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.)
September 18, 2015 Opinion or Order Filing 1681 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.)
September 18, 2015 Opinion or Order Filing 1680 ORDER regarding #1678 Response filed by Bruce-Merrilees Electric Company as to #1675 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.)
September 17, 2015 Opinion or Order Filing 1679 ORDER granting #1664 MOTION To Be Excused from Second Settlement Conference Sessions; denying #1665 MOTION To Be Excused from Second Settlement Conference Sessions; granting #1666 MOTION To Be Excused from Second Settlement Conference Sessions; granting #1667 MOTION To Be Excused from Second Settlement Conference Sessions; granting #1668 MOTION To Be Excused from Second Settlement Conference Sessions; granting in part and denying in part #1669 MOTION To Be Excused from Second Settlement Conference Sessions; granting #1670 MOTION To Be Excused from Second Settlement Conference Sessions; granting #1671 MOTION To Be Excused from Second Settlement Conference Sessions; granting in part and denying in part #1672 MOTION To Be Excused from Second Settlement Conference Sessions; and granting #1673 MOTION To Be Excused from Second Settlement Conference Sessions - Counsel should review the attached order in its entirety for additional critical details and information. Signed by Magistrate Judge James E. Gates on 09/17/2015. (Baker, C.)
September 17, 2015 Filing 1678 RESPONSE to Order regarding #1675 Order to Show Cause filed by Bruce-Merrilees Electric Company. (DeGeorge, R.)
September 16, 2015 Motions Referred to US Magistrate Judge James E. Gates - #1666 MOTION to be Excused from Participation at Settlement Conference, #1671 MOTION to Excuse In-Person Attendance at Settlement Sessions, #1672 MOTION To Be Excused from Attendance at Settlement Sessions, #1670 MOTION to be Excused from In-Person Participation in Settlement Conferences, #1664 MOTION to be Excused from In-Person Attendance at Settlement Sessions Sept. 24-25, 2015, #1668 MOTION to Excuse in-Person Attendance at September 24-25, 2015 Settlement Session, #1669 MOTION to be excused from in-person attendance at the 9-24 and 9-25 settlement conference, #1665 MOTION to be excused from Second Settlement Conference Sessions, #1673 MOTION Request to be Excused From the Requirements for In-Person Attendance at Settlement Conference, and #1667 MOTION to Excuse In-Person Attendance at Settlement Sessions. Motions referred to James E. Gates. (Baker, C.)
September 15, 2015 Filing 1677 Notice of Appearance for non-district counsel by Erik R. Zimmerman on behalf of Bruce-Merrilees Electric Company. (Zimmerman, Erik)
September 14, 2015 Filing 1676 Proposed Order regarding #1674 MOTION regarding #1664 MOTION to be Excused from In-Person Attendance at Settlement Sessions Sept. 24-25, 2015 , Proposed Order for Excusal, Amended, filed by Truland Corporation. (Redmond, Robert)
September 11, 2015 Opinion or Order Filing 1675 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.)
September 9, 2015 NOTICE OF CORRECTION regarding #1674 Motion to be Excused from In-Person Attendance at Settlement Sessions Sept. 24-25, 2015 - This is not a motion. This is a proposed order related to an underlying motion at docket entry #1664 . The clerk has corrected the deficiency in this instance. (Baker, C.)
September 9, 2015 Filing 1674 Proposed Order regarding #1664 MOTION to be Excused from In-Person Attendance at Settlement Sessions Sept. 24-25, 2015 filed by Truland Corporation. (Redmond, Robert) Modified on 9/9/2015 to terminate erroneous motion event and clarify docket entry text. (Baker, C.)
September 9, 2015 Filing 1673 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 Order) (Savidge, Keith)
September 9, 2015 Filing 1672 MOTION To Be Excused from Attendance at Settlement Sessions filed by The North Carolina Granite Corporation. (Attachments: #1 Text of Proposed Order) (Jacobson, Denis)
September 9, 2015 Filing 1671 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)
September 8, 2015 Filing 1670 MOTION Unopposed to be Excused from In-Person Participation in Settlement Conferences filed by CHRISTUS Health of Northern Louisiana filed by CHRISTUS Health Northern Louisiana. (Attachments: #1 Text of Proposed Order) (Renbarger, Robert)
September 8, 2015 Filing 1669 MOTION To Be Excused from In-Person Attendance at the 9-24 and 9-25 Settlement Conference filed by Broad River Electric Cooperative, Inc., Dixon Lumber Company, Incorporated, GKN Driveline North American, Inc., Pharmacia Corporation, Sonoco Products Company, Unimin Corporation. (Attachments: #1 Text of Proposed Order) (Fedder, Jane)
September 8, 2015 Filing 1668 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)
September 8, 2015 Filing 1667 MOTION to Excuse In-Person Attendance at Settlement Sessions filed by Guernsey-Muskingum Electric Cooperative, Inc. (Attachments: #1 Text of Proposed Order) (Chapman, Trischa)
September 8, 2015 Filing 1666 MOTION to be Excused from Participation at Settlement Conference filed by Tallahassee Memorial Healthcare, Inc. (Attachments: #1 Text of Proposed Order) (Spurgeon, Susan)
September 8, 2015 Filing 1665 MOTION To Be Excused from Second Settlement Conference Sessions filed by Riley Power Inc. (Attachments: #1 Text of Proposed Order) (Friesen, Bradley)
September 8, 2015 Filing 1664 MOTION to be Excused from In-Person Attendance at Settlement Sessions Sept. 24-25, 2015 filed by Truland Corporation. (Redmond, Robert)
August 31, 2015 Opinion or Order Filing 1663 ORDER granting #1662 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.)
August 28, 2015 MOTION REFERRED to U.S. Magistrate Judge James E. Gates: #1662 MOTION to be Excused from In-Person Attendance at Settlement Conference. (Tripp, S.)
August 28, 2015 Filing 1662 MOTION to be Excused from In-Person Attendance at Settlement Conference filed by Alcoa Inc.. (Attachments: #1 Text of Proposed Order) (Boenning, Franklin)
August 28, 2015 Opinion or Order Filing 1661 ORDER granting #1660 MOTION to Be Excused from Attendance at Settlement Conferences - Signed by Magistrate Judge James E. Gates on 8/28/2015. (Tripp, S.)
August 27, 2015 MOTION REFERRED to U.S. Magistrate Judge to James E. Gates: #1660 MOTION to Be Excused from Attendance at Settlement Conferences. (Tripp, S.)
August 27, 2015 Filing 1660 MOTION to Be Excused from Attendance at Settlement Conferences filed by Kraft Foods Global, Inc.. (Attachments: #1 Text of Proposed Order) (Camerson, Donald)
August 26, 2015 Opinion or Order Filing 1659 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.)
August 26, 2015 Motion No Longer Submitted to District Judge Louise Wood Flanagan. Motion REFERRED to U.S. Magistrate Judge James E. Gates: #1654 Joint MOTION Allow Stipulations of Dismissal to be Signed Only by Plaintiffs and Dismissed Party. (Tripp, S.)
August 26, 2015 MOTIONS REFERRED to U.S. Magistrate Judge James E. Gates: #1657 MOTION to Be Excused from Attendance at Settlement Conferences and #1658 MOTION for Leave to File Motion to be Excused from Attendance at Settlement Sessions. (Tripp, S.)
August 25, 2015 Filing 1658 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)
August 25, 2015 Filing 1657 MOTION to Be Excused from Attendance at Settlement Conferences filed by Novartis Corporation. (Attachments: #1 Text of Proposed Order) (McManus, Keith)
August 25, 2015 Remark - #1656 Notice referred to U.S. Magistrate Judge James E. Gates. (Tripp, S.)
August 25, 2015 Filing 1656 Notice filed by Georgia-Pacific, LLC regarding #1636 Joint MOTION to Be Excused From Requirement of In-Person Attendance at Settlement Sessions and its agreement to settle. (Waldron, Jonathan)
August 25, 2015 MOTIONS REFERRED to U.S. Magistrate Judge James E. Gates: #1602 MOTION to be Excused From In-Person Attendance at Settlement Sessions, #1605 MOTION to be Excused from the Requirement for in-person Attendance at Settlement Sessions, #1637 MOTION To Be Excused from Requirement of In-Person Attendance at Settlement Sessions, #1607 MOTION to Be Excused from the Requirements for In-Person Attendance at Settlement Sessions, #1620 MOTION to be excused from in-person attendance at the settlement conference scheduled for September 1 and 2, 2015, #1625 Supplemental MOTION to Amend/Correct #1605 MOTION to be Excused from the Requirement for in-person Attendance at Settlement Sessions, #1628 Supplemental MOTION to Amend/Correct #1607 MOTION to Be Excused from the Requirements for In-Person Attendance at Settlement Sessions, #1641 MOTION Supplement to Motion to Be Excused from In-Person Attendance at Settlement Sessions, #1627 MOTION Huntsville Utilities' Motion to be Excused from In-Person Attendance at Settlement Sessions, #1630 MOTION to Be Excused from In-Person Attendance at Settlement Sessions, #1636 Joint MOTION to Be Excused From Requirement of In-Person Attendance at Settlement Sessions, #1651 MOTION to Amend/Correct #1636 Joint MOTION to Be Excused From Requirement of In-Person Attendance at Settlement Sessions to provide supplemental information, #1622 MOTION Request to be Excused from the Requirements for In-Person Attendance at Settlement Sessions, #1644 MOTION to be Excused from Attendance at Settlement Conferences, #1639 MOTION to be excused from in-person attendance at settlement sessions, #1635 MOTION to Excuse Client Representative From In-Person Attendance at September 1-2, 2015 Settlement Session, #1650 MOTION to Be Excused from the Requirements for In-person Attendance at the Settlement Sessions, #1633 MOTION To be excused in part from in-person mediation attendance, #1618 Joint MOTION Requesting to be Excused From the Requirement to Attend the In-Person Settlement Sessions, #1619 MOTION For representative to be excused from attending settlement session, #1640 MOTION to Excuse In-Person Attendance of Party Representative and Local Counsel at Settlement Sessions, #1629 MOTION to Be Excused from In-Person Attendance at Settlement Sessions, #1613 Joint MOTION To Be Excused From In-Person Attendance at ADR Sessions, #1616 MOTION of Third Party Defendant Truland Corporation to be Excused from In-Person Attendance at Settlement Sessions, #1634 First MOTION Excuse from requirement of in-person attendance at settlement sessions, #1648 MOTION to be Excused from Attendance at Settlement Conferences, #1638 MOTION regarding #1616 MOTION of Third Party Defendant Truland Corporation to be Excused from In-Person Attendance at Settlement Sessions, Supplement to Motion to be Excused, #1609 MOTION William Pollock's Motion To Be Excused From Settlement Sessions regarding Text Order, #1614 MOTION Excused from requirement of in-person attendance, #1645 MOTION to be Excused from Attendance at Settlement Conferences, #1626 MOTION Unopposed Motion to be Excused From In-Person Participation in Settlement Conferences, #1624 MOTION to be Excused from the Requirement for In-Person Attendance at the Settlement Sessions, #1649 MOTION to be Excused from Attendance at Settlement Conferences, #1610 MOTION to be Excused From Requirements for In-Person Attendance at Settlement Sessions, #1647 MOTION to be Excused from Requirements of Attendance at Settlement Conference, #1617 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, #1631 MOTION To Be Excused From In-Person Party Representative Attendance at Settlement Conference regarding Text Order, #1615 MOTION To Be Excused from In-Person Attendance at Settlement Conference regarding Text Order, #1632 MOTION to be Excused from the Requirements for In-Person Attendance at Settlement Sessions, #1646 MOTION to be Excused from Requirements of Attendance at Settlement Conference. (Tripp, S.)
August 24, 2015 Motion Submitted to District Judge Louise Wood Flanagan: #1654 Joint MOTION Allow Stipulations of Dismissal to be Signed Only by Plaintiffs and Dismissed Party. (Tripp, S.)
August 24, 2015 Filing 1655 Memorandum in Support regarding #1654 Joint MOTION Allow Stipulations of Dismissal to be Signed Only by Plaintiffs and Dismissed Party filed by PCS Phosphate Company, Inc., PCS Phosphate, Inc.. (Story, Jane)
August 24, 2015 Filing 1654 Joint MOTION Allow Stipulations of Dismissal to be Signed Only by Plaintiffs and Dismissed Party filed by PCS Phosphate Company, Inc., PCS Phosphate, Inc.. (Attachments: #1 Text of Proposed Order) (Story, Jane)
August 21, 2015 Filing 1653 Notice filed by IES Commercial, Inc., and/or Integrated Electrical Services, Inc., Robert Bosch LLC, Santee Electric Cooperative, Inc. Notice of Clarification. (Hartley, Joan)
August 21, 2015 Filing 1652 RESPONSE in Opposition regarding #1637 MOTION To Be Excused from Requirement of In-Person Attendance at Settlement Sessions , #1620 MOTION to be excused from in-person attendance at the settlement conference scheduled for September 1 and 2, 2015 , #1622 MOTION Request to be Excused from the Requirements for In-Person Attendance at Settlement Sessions , #1635 MOTION to Excuse Client Representative From In-Person Attendance at September 1-2, 2015 Settlement Session , #1619 MOTION For representative to be excused from attending settlement session , #1640 MOTION to Excuse In-Person Attendance of Party Representative and Local Counsel at Settlement Sessions, #1616 MOTION of Third Party Defendant Truland Corporation to be Excused from In-Person Attendance at Settlement Sessions,, #1647 MOTION to be Excused from Requirements of Attendance at Settlement Conference , #1631 MOTION To Be Excused From In-Person Party Representative Attendance at Settlement Conference regarding Text Order,,, , #1646 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)
August 19, 2015 Filing 1651 MOTION to Amend/Correct #1636 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, Potamac Electric Power Company. (Waldron, Jonathan)
August 19, 2015 Filing 1650 MOTION to Be Excused from the Requirements for In-person Attendance at the Settlement Sessions filed by Duke Energy Carolinas, L.L.C.. (Attachments: #1 Text of Proposed Order) (Green, Stanley)
August 18, 2015 Filing 1649 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)
August 18, 2015 Filing 1648 MOTION to be Excused from Attendance at Settlement Conferences filed by Santee Electric Cooperative, Inc.. (Attachments: #1 Text of Proposed Order) (Hartley, Joan)
August 18, 2015 Filing 1647 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)
August 18, 2015 Filing 1646 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)
August 18, 2015 Filing 1645 MOTION to be Excused from Attendance at Settlement Conferences filed by Warren Electric Cooperative, Inc.. (Attachments: #1 Text of Proposed Order) (Hartley, Joan)
August 18, 2015 Filing 1644 MOTION to be Excused from Attendance at Settlement Conferences filed by Robert Bosch LLC. (Attachments: #1 Text of Proposed Order) (Hartley, Joan)
August 18, 2015 Filing 1643 *DOCUMENT CORRECTED AND REFILED AT DOCKET ENTRY #1649 * - Notice filed by IES Commercial, Inc., and/or Integrated Electrical Services, Inc. Motion to be Excused from Attendance at Settlement Conferences. (Attachments: #1 Text of Proposed Order) (Hartley, Joan) Modified on 8/21/2015 to insert refiling information. (Baker, C.)
August 18, 2015 Filing 1642 *DOCUMENT CORRECTED AND REFILED AT DOCKET ENTRY #1648 * - Notice filed by Santee Electric Cooperative, Inc. Motion to be Excused from Attendance at Settlement Conferences. (Attachments: #1 Text of Proposed Order) (Hartley, Joan) Modified on 8/21/2015 to insert refiling information. (Baker, C.)
August 18, 2015 Filing 1641 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)
August 18, 2015 Filing 1640 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)
August 18, 2015 Filing 1639 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)
August 18, 2015 Filing 1638 MOTION regarding #1616 MOTION of Third Party Defendant Truland Corporation to be Excused from In-Person Attendance at Settlement Sessions, Supplement to Motion to be Excused filed by Truland Corporation. (Redmond, Robert)
August 18, 2015 Filing 1637 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)
August 18, 2015 Filing 1636 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, Potamac Electric Power Company. (Attachments: #1 Proposed Order) (Waldron, Jonathan)
August 18, 2015 Filing 1635 MOTION to 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)
August 18, 2015 Filing 1634 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)
August 18, 2015 Filing 1633 MOTION To be excused in part from in-person mediation attendance filed by Carr & Duff, Inc.. (Attachments: #1 Text of Proposed Order) (Lewis, E.)
August 18, 2015 Filing 1632 MOTION to be Excused from the Requirements for In-Person Attendance at Settlement Sessions filed by Barnes & Powell Elecrical Company, Inc.. (Attachments: #1 Text of Proposed Order) (Smith, M.)
August 18, 2015 Filing 1631 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)
August 18, 2015 Filing 1630 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)
August 18, 2015 Filing 1629 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)
August 18, 2015 Filing 1628 Supplemental MOTION to Amend/Correct #1607 MOTION to Be Excused from the Requirements for In-Person Attendance at Settlement Sessions filed by Cogentrix Energy, L.L.C.. (Brillault, Megan)
August 18, 2015 Filing 1627 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)
August 18, 2015 Filing 1626 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)
August 18, 2015 Filing 1625 Supplemental MOTION to Amend/Correct #1605 MOTION to be Excused from the Requirement for in-person Attendance at Settlement Sessions filed by Alcan Primary Products Corporation. (Bennett, Richard)
August 18, 2015 Filing 1624 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)
August 18, 2015 Filing 1623 Notice filed by NL Industries, Inc. regarding #1602 MOTION to be Excused From In-Person Attendance at Settlement Sessions (Supplement to Motion to be Excused). (Herz, Joel)
August 18, 2015 Filing 1622 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)
August 17, 2015 Filing 1621 Memorandum in Support regarding #1620 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 Corp., Dixon Lumber Company, Incorporated, Electric Control Equipment Company, GKN Driveline North American, Inc., Gladieux Trading & Marketing Company, L.P., Glenwood Regional Medical Center, 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, Pratt & Whitney Division, Washington Suburban Sanitary Commission. (Attachments: #1 Exhibit A - designations of party representatives for settlement confernece) (Fedder, Jane)
August 17, 2015 Filing 1620 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 Corp., Dixon Lumber Company, Incorporated, Electric Control Equipment Company, GKN Driveline North American, Inc., Gladieux Trading & Marketing Company, L.P., Glenwood Regional Medical Center, 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, Pratt & Whitney Division, Washington Suburban Sanitary Commission. (Attachments: #1 Text of Proposed Order) (Fedder, Jane)
August 17, 2015 Filing 1619 MOTION For representative to be excused from attending settlement session filed by Saint Augustine's College. (Attachments: #1 Text of Proposed Order Granting Motion to be excused) (Sheehan, Ruth)
August 17, 2015 Filing 1618 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)
August 17, 2015 Filing 1617 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)
August 17, 2015 Notice to Counsel regarding #1616 Motion 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.)
August 17, 2015 Filing 1616 MOTION of Third Party Defendant Truland Corporation 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 convention for exhibits. (Baker, C.)
August 17, 2015 Filing 1615 MOTION To Be Excused from In-Person Attendance at Settlement Conference filed by Monongahela Power Company, West Penn Power Company. (Attachments: #1 Text of Proposed Order) (DeGeorge, R.)
August 14, 2015 Filing 1614 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.)
August 14, 2015 Filing 1613 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)
August 13, 2015 Filing 1612 Notice of Substitution of Counsel filed by Ruth Sheehan on behalf of Saint Augustine's College substituting for Stacie Watson. (Sheehan, Ruth)
August 12, 2015 Filing 1611 Proposed Order regarding #1610 MOTION to be Excused From Requirements for In-Person Attendance at Settlement Sessions filed by Buist Electric Inc., Gencorp, Inc.. (Johnson, Keith)
August 12, 2015 Filing 1610 MOTION to be Excused From Requirements for In-Person Attendance at Settlement Sessions filed by Buist Electric Inc., Gencorp, Inc.. (Johnson, Keith)
August 12, 2015 Filing 1609 MOTION To Be Excused From Settlement Sessions filed by Consolidation Coal Company. (Attachments: #1 Text of Proposed Order) (Pollock, William)
August 12, 2015 Filing 1608 Proposed Order regarding #1607 MOTION to Be Excused from the Requirements for In-Person Attendance at Settlement Sessions filed by Cogentrix Energy, L.L.C.. (Brillault, Megan)
August 12, 2015 Filing 1607 MOTION to Be Excused from the Requirements for In-Person Attendance at Settlement Sessions filed by Cogentrix Energy, L.L.C.. (Brillault, Megan)
August 11, 2015 Filing 1606 Proposed Order regarding #1605 MOTION to be Excused from the Requirement for in-person Attendance at Settlement Sessions filed by Alcan Primary Products Corporation. (Bennett, Richard)
August 11, 2015 Filing 1605 MOTION to be Excused from the Requirement for in-person Attendance at Settlement Sessions filed by Alcan Primary Products Corporation. (Bennett, Richard)
August 10, 2015 Opinion or Order Filing 1604 ORDER granting #1601 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.)
August 10, 2015 Filing 1603 Proposed Order regarding #1602 MOTION to be Excused From In-Person Attendance at Settlement Sessions filed by NL Industries, Inc. (Herz, Joel)
August 7, 2015 NOTICE TO COUNSEL regarding #1602 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.)
August 7, 2015 Filing 1602 MOTION to be Excused From In-Person Attendance at Settlement Sessions filed by NL Industries, Inc. (Herz, Joel)
August 6, 2015 Motion Submitted to District Judge Louise Wood Flanagan - #1601 MOTION to Amend Case Caption. (Baker, C.)
August 6, 2015 Opinion or Order 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.)
August 5, 2015 Filing 1601 MOTION to Amend Case Caption filed by Duke Energy Progress, Inc. (Attachments: #1 Text of Proposed Order) (Ovies, Kelli)
July 17, 2015 Notice to Counsel regarding #1600 Stipulation - This document's caption suggests it should also be filed in related case 5:08-CV-460-FL. Counsel is directed to file the document in that related action accordingly. (Baker, C.)
July 17, 2015 Filing 1600 STIPULATION - Joint Stipulation by Domtar Paper Company, L.L.C. (Attachments: #1 Exhibit 1 - Domtar Transformers) (Brice, F.)
July 14, 2015 Opinion or Order TEXT ORDER regarding #1599 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.)
July 10, 2015 Filing 1599 STATUS REPORT Eighth Report of Special Master by David O Ledbetter. (Ledbetter, David)
June 19, 2015 Opinion or Order Filing 1598 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)
June 9, 2015 Filing 1597 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: Plaintiffs' 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)
June 5, 2015 Opinion or Order Filing 1596 ORDER granting #1595 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.)
June 4, 2015 Filing 1595 Joint MOTION for Extension of Time to File Joint Report by Kraft Foods Global, Inc. (Attachments: #1 Text of Proposed Order) (Erteschik, Andrew)
June 4, 2015 Filing 1594 NOTICE of Appearance by Andrew H. Erteschik on behalf of Kraft Foods Global, Inc. (Erteschik, Andrew)
May 18, 2015 **** Set Hearing - Settlement Conferences set for 8/31/2015 through 9/4/2015 at 9:00 AM in 2nd Floor Conference Room in Raleigh before Magistrate Judge James E. Gates. (Baker, C.)
May 14, 2015 Opinion or Order Filing 1593 ORDER Setting Forth Plan and Schedule for Settlement Negotiations - Signed by Magistrate Judge James E. Gates on 05/13/2015. (Baker, C.)
April 27, 2015 Filing 1592 MANDATE of US Court of Appeals (certified copy) as to #1203 Notice of Appeal filed by Consolidation Coal Company, #1208 Notice of Appeal filed by PCS Phosphate, Inc., PCS Phosphate Company, Inc. 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.)
April 22, 2015 Filing 1591 NOTICE regarding #1584 ORDEr by Gladieux Trading & Marketing Company, L.P. - 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)
April 22, 2015 Filing 1590 NOTICE regarding #1584 ORDER by Truland Corporation - Truland Corporation's Supplemental Objection to PCS Phosphate's Categorization of Alleged Transactions. (Redmond, Robert)
April 22, 2015 Filing 1589 NOTICE regarding #1584 ORDER by Robert Bosch LLC - Notice of Categorization Objection. (Attachments: #1 Exhibit I - Third-Party Plaintiff PCS Phosphate Company, Inc.'s Responses and Objections to Third-Party Defendant Robert Bosch LLC's Requests for Admission) (Hartley, Joan)
April 22, 2015 NOTICE TO COUNSEL regarding #1586 Notice and #1588 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.)
April 22, 2015 Filing 1588 NOTICE regarding #1584 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.)
April 22, 2015 Filing 1587 NOTICE regarding #1584 ORDER by International Paper Company - Notice of Categorization Objection. (Olson, Kurt)
April 22, 2015 Filing 1586 NOTICE by Georgia-Pacific, LLC regarding #1584 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.)
April 17, 2015 Opinion or Order Filing 1585 ORDER of US Court of Appeals as to #1203 Notice of Appeal filed by Consolidation Coal Company, #1208 Notice of Appeal filed by PCS Phosphate, Inc., PCS Phosphate Company, Inc. The court denies the petition for rehearing en banc. (Fogle, L.)
April 15, 2015 Opinion or Order Filing 1584 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.)
April 15, 2015 Opinion or Order Filing 1583 ORDER granting #1582 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.)
April 15, 2015 Motion Submitted to District Judge Louise Wood Flanagan: #1582 MOTION to Withdraw as Attorney by Brian J. Schoolman. (Tripp, S.)
April 15, 2015 Filing 1582 MOTION to Withdraw as Attorney by Brian J. Schoolman by Barnes & Powell Elecrical Company, Inc. (Attachments: #1 Text of Proposed Order) (Schoolman, Brian)
April 13, 2015 Filing 1581 STATUS REPORT Seventh Report of Special Master by David O Ledbetter. (Ledbetter, David)
April 13, 2015 Filing 1580 STAY of MANDATE regarding #1203 Notice of Appeal: In accordance with Rule 41(d)(1), the mandate is stayed pending further order of this court. (Fogle, L.)
April 13, 2015 Filing 1579 STAY of MANDATE regarding #1208 Notice of Appeal: In accordance with Rule 41(d)(1), the mandate is stayed pending further order of this court. (Fogle, L.)
April 9, 2015 Filing 1578 CERTIFICATE OF SERVICE by Barnes & Powell Elecrical Company, Inc. regarding #1577 Notice of Appearance (Smith, M.)
April 9, 2015 NOTICE OF DEFICIENCY regarding #1577 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.)
April 9, 2015 Filing 1577 NOTICE of Appearance by M. Riana Smith on behalf of Barnes & Powell Elecrical Company, Inc. (Smith, M.)
April 8, 2015 Filing 1576 STATUS REPORT Supplemental Joint Status Report by PCS Phosphate Company, Inc., PCS Phosphate, 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)
April 7, 2015 Filing 1575 NOTICE by Truland Corporation - Sixth Amended Notice of Deposition of PCS Phosphate Company. (Redmond, Robert)
April 3, 2015 Opinion or Order Filing 1574 ORDER granting #1573 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.)
April 2, 2015 Motion Submitted to District Judge Louise Wood Flanagan - #1573 Joint MOTION for Extension of Time to File Joint Report Post-Fourth Circuit Ruling. (Baker, C.)
April 2, 2015 Filing 1573 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)
March 20, 2015 Filing 1572 US Court of Appeals Judgment as to #1203 Notice of Appeal filed by Consolidation Coal Company, #1208 Notice of Appeal filed by PCS Phosphate, Inc., PCS Phosphate Company, Inc. 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.)
March 20, 2015 Filing 1571 PUBLISHED Opinion from Fourth Circuit Court of Appeals. AFFIRMED by published opinion. (Fogle, L.)
March 18, 2015 Filing 1570 NOTICE of Appearance for non-district counsel by James M. Jones on behalf of PCS Phosphate Company, Inc., PCS Phosphate, Inc. (Jones, James)
March 11, 2015 Opinion or Order Filing 1569 ORDER granting in part #1544 Motion for Protective Order - Signed by District Judge Louise Wood Flanagan on 03/11/2015. (Baker, C.)
March 6, 2015 Filing 1568 NOTICE by Truland Corporation - Fifth Amended Notice of Deposition of PCS Phosphate Company. (Redmond, Robert)
March 4, 2015 Filing 1567 Minute Entry for proceedings held before District Judge Louise Wood Flanagan in New Bern - Telephonic Hearing regarding #1541 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.)
March 2, 2015 **** Set Hearing - Telephonic Hearing regarding #1541 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.)
February 27, 2015 TEXT NOTICE regarding #1562 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.)
February 27, 2015 Opinion or Order TEXT ORDER regarding #1541 Appeal of Magistrate Judge Decision to District Court filed by Truland Corporation, #1536 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.)
February 27, 2015 Opinion or Order Filing 1566 ORDER granting #1551 Motion to Compel Payments for Joint Defense Costs - Signed by District Judge Louise Wood Flanagan on 2/27/2015. (Tripp, S.)
February 20, 2015 Filing 1565 Notice of Substitution of Counsel by Katherine A. King on behalf of Union Electric Company substituting for Jesse H. Rigsby, IV. (King, Katherine)
February 12, 2015 Filing 1564 STIPULATION of Dismissal With Prejudice of Third-Party Defendant Magnetic Metals Corporation by PCS Phosphate Company, Inc., PCS Phosphate, Inc. (Story, Jane)
February 12, 2015 Filing 1563 NOTICE by Johnson/Kerner Liaison Group regarding #1551 MOTION to Compel Payments for Joint Defense Costs - Defense Liaison Counsel's Notice of Receipt of Payment from Magnetic Metals. (Johnson, Keith)
February 11, 2015 Motion Submitted to District Judge Louise Wood Flanagan - #1551 MOTION to Compel Payments for Joint Defense Costs. (Baker, C.)
February 10, 2015 Filing 1562 STATUS REPORT Sixth Report of Special Master by David Oscar Ledbetter. (Ledbetter, David)
January 30, 2015 Opinion or Order Filing 1561 ORDER granting #1550 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.)
January 27, 2015 Filing 1560 STIPULATION Joint Stipulation Between Plaintiffs and Defendant Unimin Corporation by PCS Phosphate Company, Inc., PCS Phosphate, Inc. (Story, Jane)
January 27, 2015 Filing 1559 STIPULATION Joint Stipulation Between Plaintiffs and Defendant Sonoco Products Company by PCS Phosphate Company, Inc., PCS Phosphate, Inc. (Story, Jane)
January 27, 2015 Filing 1558 STIPULATION Joint Stipulation Between Plaintiffs and Defendant LWB Refractories Company n/k/a Magnesita Refractories Company by PCS Phosphate Company, Inc., PCS Phosphate, Inc. (Story, Jane)
January 27, 2015 Filing 1557 STIPULATION Joint Stipulation Between Plaintiffs and Defendant Gladieux Trading & Marketing Company, L.P. by PCS Phosphate Company, Inc., PCS Phosphate, Inc. (Story, Jane)
January 27, 2015 Filing 1556 STIPULATION Joint Stipulation Between Plaintiffs and Defendant GKN Driveline North America, Inc. by PCS Phosphate Company, Inc., PCS Phosphate, Inc. (Story, Jane)
January 27, 2015 Filing 1555 STIPULATION Joint Stipulation Between Plaintiffs and Defendant Broad River Electric Cooperative, Inc. by PCS Phosphate Company, Inc., PCS Phosphate, Inc. (Story, Jane)
January 26, 2015 Filing 1554 STIPULATION (Joint Stipulation of Truland Corporation and PCS Phosphate Company, Inc.) by Truland Corporation. (Redmond, Robert)
January 23, 2015 Filing 1553 Proposed Order regarding #1551 MOTION to Compel Payments for Joint Defense Costs filed by Johnson/Kerner Liaison Group. (Johnson, Keith)
January 23, 2015 NOTICE OF DEFICIENCY regarding #1551 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.)
January 23, 2015 Filing 1552 Memorandum in Support regarding #1551 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)
January 23, 2015 Filing 1551 MOTION to Compel Payments for Joint Defense Costs by Johnson/Kerner Liaison Group. (Johnson, Keith)
January 21, 2015 Motion Submitted to District Judge Louise Wood Flanagan - #1550 Consent MOTION to Compel Defendant Martin Marietta Materials, Inc. to Respond to Plaintiffs' Discovery Requests. (Baker, C.)
January 21, 2015 Filing 1550 Consent MOTION to Compel Defendant Martin Marietta Materials, Inc. to Respond to Plaintiffs' Discovery Requests by PCS Phosphate Company, Inc., PCS Phosphate, 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)
January 21, 2015 Motion Submitted to District Judge Louise Wood Flanagan - #1544 MOTION for Protective Order. (Baker, C.)
January 19, 2015 Remark - #1541 APPEAL OF MAGISTRATE JUDGE DECISION submitted to District Judge Louise Wood Flanagan. (Baker, C.)
January 16, 2015 Filing 1549 RESPONSE in Opposition regarding #1544 MOTION for Protective Order regarding #352 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 filed by Truland Corporation. (Attachments: #1 Exhibit 1: Mauro Report, #2 Exhibit 2: Email of J. Vanneman, #3 Exhibit 3: Excerpts of Mauro Deposition) (Redmond, Robert)
January 13, 2015 Filing 1548 RESPONSE regarding #1541 Appeal of Magistrate Judge Decision to District Court filed by PCS Phosphate Company, Inc., PCS Phosphate, 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)
January 12, 2015 Opinion or Order Filing 1547 ORDER granting #1546 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.)
January 9, 2015 Motion Submitted to District Judge Louise Wood Flanagan - #1546 MOTION to Dismiss With Prejudice Claims By and Against Third-Party Defendant Melinz-Rebar, Inc. (Baker, C.)
January 9, 2015 Filing 1546 MOTION to Dismiss With Prejudice Claims By and Against Third-Party Defendant Melinz-Rebar, Inc. by PCS Phosphate Company, Inc., PCS Phosphate, Inc. (Attachments: #1 Exhibit A - Affidavit of Philip Melinz, #2 Exhibit B - Text of Proposed Order) (Story, Jane)
January 2, 2015 Filing 1545 Memorandum in Support regarding #1544 MOTION for Protective Order regarding #352 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 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)
January 2, 2015 Filing 1544 MOTION for Protective Order regarding #352 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)
December 31, 2014 Filing 1543 STIPULATION Regarding Categorization of Defendant CBS Corporation by CBS Corporation. (DeGeorge, R.)
December 30, 2014 Filing 1542 Memorandum in Support regarding #1541 Appeal of Magistrate Judge Decision to District Court filed by Truland Corporation. (Attachments: #1 Exhibit 1: PCS 30(b)(6) Deposition Transcript, #2 Exhibit 2: Chart, #3 Exhibit 3: MAG Aerospace v. B/E Aerospace, 13-cv-6089 (C.D. Cal. Aug. 22, 2014)) (Redmond, Robert)
December 30, 2014 Filing 1541 APPEAL OF US MAGISTRATE JUDGE DECISION to District Court by Truland Corporation regarding #1536 Order on Motion to Compel. (Attachments: #1 Text of Proposed Order) (Redmond, Robert)
December 30, 2014 Filing 1540 NOTICE of Change of Address by Curtis J. Shipley. (Shipley, Curtis)
December 24, 2014 **** Set Hearing - Settlement Conference set for 1/13/2015 at 8:30 AM in Raleigh before Magistrate Judge James E. Gates. (Baker, C.)
December 24, 2014 Opinion or Order 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 Magistrate Judge James E. Gates on 12/24/2014. (Richards, J.)
December 22, 2014 Opinion or Order Filing 1539 ORDER granting #1537 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.)
December 19, 2014 NOTICE OF CORRECTION regarding #1537 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.)
December 19, 2014 Motion Submitted to District Judge Louise Wood Flanagan - #1537 Consent MOTION for Extension of Time to Complete Discovery. (Baker, C.)
December 19, 2014 Filing 1538 Memorandum in Support regarding #1537 Consent MOTION for Extension of Time to Complete Discovery 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)
December 19, 2014 Filing 1537 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 clarify docket entry text. (Baker, C.)
December 16, 2014 Opinion or Order Filing 1536 ORDER granting in part and denying in part #1514 Motion to Compel; #1517 Motion to Compel; and #1519 Motion to Compel - Signed by Magistrate Judge James E. Gates on 12/15/2014. (Baker, C.)
December 15, 2014 Opinion or Order 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.)
December 11, 2014 Filing 1535 STATUS REPORT Second Supplement to Fifth Report of Special Master by David Oscar Ledbetter. (Ledbetter, David)
December 10, 2014 Opinion or Order Filing 1534 ORDER granting #1532 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.)
December 10, 2014 Filing 1533 Proposed Order regarding #1532 MOTION to Withdraw as Attorney filed by Green Circle Growers, Inc.. (Knapp, Amanda)
December 10, 2014 NOTICE OF DEFICIENCY regarding #1532 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.)
December 9, 2014 Filing 1532 MOTION to Withdraw as Attorney by Green Circle Growers, Inc. (Knapp, Amanda)
December 9, 2014 Opinion or Order TEXT ORDER - This court having reviewed the #1531 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.)
December 8, 2014 Filing 1531 STATUS REPORT Supplement to Fifth Report of Special Master by David Oscar Ledbetter. (Ledbetter, David)
November 25, 2014 Opinion or Order Filing 1530 ORDER regarding #1529 Fifth Status Report filed by David Oscar Ledbetter - Signed by District Judge Louise Wood Flanagan on 11/24/2014. (Baker, C.)
November 20, 2014 Filing 1529 STATUS REPORT Fifth Report of Special Master by David Oscar Ledbetter. (Ledbetter, David)
October 16, 2014 MOTION REFERRED to U.S. Magistrate Judge James E. Gates - #1514 Amended MOTION to Compel Deposition Testimony, #1517 MOTION to Compel Testimony from PCS Phosphate, Inc.'s Fed.R.Civ.P. 30(B)(6) Corporate Designee as to Topics 21 & 22, and #1519 MOTION to Compel Testimony from PCS Phosphate, Inc.s Fed. R. Civ. P. 30(B)(6) Corporate Designee as to Topics 21 & 22. (Baker, C.)
October 13, 2014 Filing 1528 STIPULATION of Dismissal with Prejudice of Third-Party Defendant Emma L. Bixby Medical Center by PCS Phosphate Company, Inc. (Shipley, Curtis)
October 10, 2014 Filing 1527 Memorandum in Opposition regarding #1514 Amended MOTION to Compel Deposition Testimony, #1519 MOTION to Compel Testimony from PCS Phosphate, Inc.s Fed. R. Civ. P. 30(B)(6) Corporate Designee as to Topics 21 & 22, #1517 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)
October 10, 2014 Filing 1526 RESPONSE in Opposition regarding #1517 MOTION to Compel Testimony from PCS Phosphate, Inc.'s Fed.R.Civ.P. 30(B)(6) Corporate Designee as to Topics 21 & 22, #1519 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)
October 10, 2014 Filing 1525 RESPONSE in Opposition regarding #1514 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)
October 10, 2014 Filing 1524 Memorandum in Opposition regarding #1514 Amended MOTION to Compel Deposition Testimony, #1519 MOTION to Compel Testimony from PCS Phosphate, Inc.s Fed. R. Civ. P. 30(B)(6) Corporate Designee as to Topics 21 & 22, #1517 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)
October 2, 2014 Filing 1523 NOTICE by Tallahassee Memorial Healthcare, Inc. of Withdrawal of Counsel. (Hall, Carrie)
October 2, 2014 Opinion or Order TEXT ORDER regarding #1521 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.)
October 2, 2014 Filing 1522 Notice of Substitution of Counsel by Kacy Lynn Hunt on behalf of Tallahassee Memorial Healthcare, Inc. substituting for C. Elizabeth Hall. (Hunt, Kacy)
October 2, 2014 Filing 1521 STATUS REPORT by David Oscar Ledbetter. (Ledbetter, David)
October 1, 2014 Filing 1520 Memorandum in Support regarding #1519 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)
October 1, 2014 Filing 1519 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 and Objections to Fourth Amended Notice of Deposition, #2 Text of Proposed Order) (Risinger, Bradley)
September 26, 2014 Filing 1518 Memorandum in Support regarding #1517 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 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)
September 26, 2014 Filing 1517 MOTION to Compel Testimony from PCS Phosphate, Inc.'s Fed.R.Civ.P. 30(B)(6) 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)
September 26, 2014 Filing 1516 Memorandum in Support regarding #1514 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)
September 26, 2014 NOTICE OF DEFICIENCY regarding #1515 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.)
September 26, 2014 Filing 1515 *DOCUMENT CORRECTED AND REFILED AT DOCKET ENTRY #1516 * - Memorandum in Support regarding #1514 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.)
September 26, 2014 Filing 1514 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 ) (Redmond, Robert)
September 25, 2014 Opinion or Order Filing 1513 ORDER denying #1469 Motion for Summary Judgment - Signed by District Judge Louise Wood Flanagan on 09/25/2014. (Baker, C.)
September 25, 2014 Filing 1512 STIPULATION of Dismissal With Prejudice of Third-Party Defendant Trinity Industries, Inc. by PCS Phosphate Company, Inc., PCS Phosphate, Inc. (Story, Jane)
September 25, 2014 Filing 1511 STIPULATION of Dismissal With Prejudice of Third-Party Defendant DACCO, Incorporated by PCS Phosphate Company, Inc., PCS Phosphate, Inc. (Story, Jane)
September 22, 2014 Filing 1510 Memorandum in Support regarding #1509 First MOTION to Compel Deposition Testimony filed by Georgia-Pacific, LLC, Riley Power Inc., Tallahassee Memorial Healthcare, Inc., Truland Corporation. (Attachments: #1 Exhibit 1 - Transcript of PCS Fed. R. Civ. P. 30(b)(6) Deposition, #2 Exhibit 2 - Deposition transcript index, #3 Exhibit 3 - MAG Aerospace v. B/E Aerospace, 13-CV-6089 (C.D. Cal. Aug. 22, 2014), #4 Exhibit 4 - Fourth Amended PCS Fed. R. Civ. P. 30(b)(6) Deposition Notice) (Redmond, Robert)
September 22, 2014 Filing 1509 *DOCUMENT CORRECTED AND REFILED AT DOCKET ENTRY #1514 * - 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.)
September 22, 2014 NOTICE OF DEFICIENCY regarding #1508 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.)
September 22, 2014 NOTICE OF DEFICIENCY regarding #1507 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.)
September 19, 2014 Filing 1508 *DOCUMENT CORRECTED AND REFILED AT DOCKET ENTRY #1510 * - 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.)
September 19, 2014 Filing 1507 *DOCUMENT CORRECTED AND REFILED AT DOCKET ENTRY #1509 * - MOTION to Compel 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.)
September 19, 2014 Filing 1506 STIPULATION of Dismissal With Prejudice of Third-Party Defendant Cemex Construction Materials Florida, LLC by PCS Phosphate Company, Inc., PCS Phosphate, Inc. (Story, Jane)
September 18, 2014 Filing 1505 STIPULATION of Dismissal with Prejudice of Defendant Carlisle Construction Materials Incorporated, f/k/a Carlisle Syntec Incorporated by Consolidation Coal Company. (Darragh, Daniel)
September 5, 2014 Filing 1504 NOTICE by Chemical Products Corporation - Disclosure of Expert Witness and Rebuttal Report. (Attachments: #1 Exhibit A - Expert Rebuttal Report of Stephen D. Emsbo-Mattingly) (Olson, Kurt)
September 5, 2014 Filing 1503 NOTICE by The North Carolina Granite Corporation - Disclosure Rebuttal Report of Expert Witness. (Southerland, Jeffrey)
September 5, 2014 Filing 1502 NOTICE by International Paper Company - Disclosure of Expert Witness and Report (Attachments: #1 Exhibit A - Expert Rebuttal Report by Stephen D. Emsbo-Mattingly) (Olson, Kurt)
September 5, 2014 Filing 1501 NOTICE by International Paper Company - Disclsoure of Expert Witness and Rebuttal Report. (Attachments: #1 Exhibit A - Expert Rebuttal Report by Neil S. Shifrin, PhD) (Olson, Kurt)
September 5, 2014 Filing 1500 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)
September 5, 2014 Filing 1499 NOTICE by Erachem Comilog, Inc. - Disclosure of Expert Witness and Report (Attachments: #1 Exhibit A - Expert Witness Report by Gary Amendola) (Olson, Kurt)
September 5, 2014 Filing 1498 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)
September 5, 2014 Filing 1497 *DOCUMENT CORRECTED AND REFILED AT DOCKET ENTRY #1498 * - 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.)
August 28, 2014 NOTICE TO COUNSEL regarding #1495 Notice of Substitution of Counsel - This document's caption lends itself to filing in related case 5:08-CV-460-FL. Counsel will also need to file the document in that related case for inclusion in the record. (Baker, C.)
August 28, 2014 Filing 1496 NOTICE by Timken US LLC - Notice by Counsel Of Consent To And Request For Termination Of Future Communications From Court Regarding Cases. (Byrne, Michael)
August 28, 2014 Filing 1495 Notice of Substitution of Counsel by John E. Weslander on behalf of Koch Industries Inc. substituting for Margaret Richards. (Weslander, John)
August 25, 2014 Filing 1494 Notice of Substitution of Counsel by Carrie Elizabeth Hall on behalf of Tallahassee Memorial Healthcare, Inc. substituting for Garrick Alcarez Sevilla. (Hall, Carrie)
August 21, 2014 Opinion or Order TEXT ORDER denying #1486 Motion to Strike #1475 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.)
August 21, 2014 Opinion or Order TEXT ORDER denying #1485 Motion to Strike #1477 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.)
August 19, 2014 Filing 1493 STIPULATION of Dismissal with Prejudice of Third-Party Defendant Timken US LLC by PCS Phosphate Company, Inc. (Shipley, Curtis)
August 18, 2014 Filing 1492 Notice of Substitution of Counsel by Charles R. Anthony on behalf of Caterpillar Inc. substituting for Johna G. Hedden. (Anthony, Charles)
August 18, 2014 Filing 1491 NOTICE of Appearance for non-district counsel by Charles R. Anthony on behalf of Caterpillar Inc. (Attachments: #1 CM/ECF Registration Form) (Anthony, Charles)
August 14, 2014 Motions Submitted to District Judge Louise Wood Flanagan - #1486 MOTION to Strike #1475 Response in Opposition to Motion Motion for Summary Judgment, #1469 MOTION for Summary Judgment on Its Third Affirmative Defense, and #1485 MOTION to Strike #1477 Response in Opposition to Motion for Summary Judgment. (Baker, C.)
August 14, 2014 Filing 1490 REPLY to Response to Motion regarding #1486 MOTION to Strike #1475 Response in Opposition to Motion Motion for Summary Judgment filed by Truland Corporation. (Redmond, Robert)
August 14, 2014 Filing 1489 REPLY to Response to Motion regarding #1485 MOTION to Strike #1477 Response in Opposition to Motion for Summary Judgment filed by Truland Corporation. (Redmond, Robert)
August 8, 2014 Filing 1488 RESPONSE in Opposition regarding #1485 MOTION to Strike #1477 Response in Opposition to Motion for Summary Judgment filed by Duke Energy Progress, Inc.. (Smith, Christopher)
August 8, 2014 Filing 1487 RESPONSE to Motion regarding #1486 MOTION to Strike #1475 Response in Opposition to Motion Motion for Summary Judgment filed by Consolidation Coal Company. (Darragh, Daniel)
August 7, 2014 Filing 1486 MOTION to Strike #1475 Response in Opposition to Motion Motion for Summary Judgment by Truland Corporation. (Attachments: #1 Text of Proposed Order on Third-Party Defendant Truland Corporations Motion to Strike) (Redmond, Robert)
August 7, 2014 Filing 1485 MOTION to Strike #1477 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)
August 7, 2014 Filing 1484 REPLY regarding #1476 Response in Opposition to Motion for Summary Judgment filed by Truland Corporation. (Redmond, Robert)
August 7, 2014 Filing 1483 STIPULATION - Joint Stipulation between Erachem Comilog, Inc. and Plaintiffs by Erachem Comilog, Inc. (Attachments: #1 Affidavit of Terry Lawrence) (Olson, Kurt)
August 5, 2014 Filing 1482 NOTICE by The North Carolina Granite Corporation - Expert Disclosure. (Southerland, Jeffrey)
August 5, 2014 Filing 1481 STIPULATION - Joint Stipulation by Plaintiffs and Defendant Erachem Comilog, Inc. by PCS Phosphate Company, Inc., PCS Phosphate, 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)
August 1, 2014 Opinion or Order Filing 1480 ORDER regarding #1479 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.)
July 31, 2014 Filing 1479 STATUS REPORT Third Report of Special Master by David Oscar Ledbetter. (Ledbetter, David)
July 28, 2014 Filing 1478 STIPULATION Joint by Magnetic Metals Corporation. (Attachments: #1 Exhibit 1 - Affidavit of Frank A. Raneiro) (Harvey, Elizabeth) Modified on 7/29/2014 to clarify docket entry text. (Baker, C.)
July 28, 2014 Filing 1477 RESPONSE in Opposition regarding #1469 MOTION for Summary Judgment on Its Third Affirmative Defense filed by Duke Energy Progress, Inc. (Smith, Christopher)
July 24, 2014 Filing 1476 RESPONSE in Opposition regarding #1469 MOTION for Summary Judgment on Its Third Affirmative Defense of Third-Party Defendant Truland Corporation filed by PCS Phosphate Company, Inc., PCS Phosphate, Inc. (Story, Jane)
July 24, 2014 Filing 1475 RESPONSE in Opposition regarding #1469 MOTION for Summary Judgment on Its Third Affirmative Defense filed by Consolidation Coal Company. (Darragh, Daniel)
July 23, 2014 Filing 1474 STIPULATION OF DISCOVERY Amended by Southern Alloy Corporation. (Attachments: #1 Exhibit A - Affidavit of Buster Hughes) (Mitchell, Charlotte)
July 11, 2014 Filing 1473 NOTICE by Truland Corporation Of Party Fact Witnesses To Potentially Be Deposed. (Redmond, Robert)
July 11, 2014 Filing 1472 STIPULATION OF DISCOVERY by Southern Alloy Corporation. (Attachments: #1 Exhibit) (Mitchell, Charlotte)
July 7, 2014 Filing 1471 STIPULATION Amended Joint by Emma L. Bixby Medical Center. (Attachments: #1 Exhibit A; Affidavit of Matthew J. Hammond) (Bronstein, Joel)
July 3, 2014 Filing 1470 Memorandum in Support regarding #1469 MOTION for Summary Judgment on Its Third Affirmative Defense filed by Truland Corporation. (Redmond, Robert)
July 3, 2014 Filing 1469 MOTION for Summary Judgment on Its Third Affirmative Defense by Truland Corporation. (Attachments: #1 Proposed Order) (Redmond, Robert)
July 3, 2014 Opinion or Order Filing 1468 ORDER granting #1465 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.)
July 3, 2014 Filing 1467 STIPULATION Joint with PCS Phosphate Company, Inc. by Magnetic Metals Corporation. (Harvey, Elizabeth)
July 3, 2014 Filing 1466 STIPULATION Joint by Plaintiffs and Defendants Cargill Incorporated and EraChem Comilog, Inc. by Consolidation Coal Company. (Darragh, Daniel)
July 3, 2014 Motion Submitted to District Judge Louise Wood Flanagan - #1465 MOTION for Extension of Time to Complete Discovery of Each Other. (Baker, C.)
July 3, 2014 Filing 1465 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 Corresponddnce, #4 Exhibit D - E-Mail Correspondence, #5 Exhibit E - Proposed Order) (Darragh, Daniel)
July 2, 2014 Filing 1464 STIPULATION OF DISCOVERY Joint Stipulation to Extend Time to File by Southern Alloy Corporation. (Mitchell, Charlotte)
July 2, 2014 Filing 1463 STIPULATION Joint by Frontier Communications Corporation. (Attachments: #1 Affidavit of Lynne A. Monaco) (Hahn, John)
July 2, 2014 Filing 1462 STIPULATION Joint by Saint Augustine's College. (Attachments: #1 Affidavit of Angela Haynes) (Francis, Charles)
July 2, 2014 Filing 1461 STIPULATION by Weyerhaeuser Company. (Attachments: #1 Affidavit of Charlie Douthwaite) (Hart, Scott)
July 2, 2014 Filing 1460 STIPULATION Joint by J. C. Blair Memorial Hospital. (Attachments: #1 Exhibit 1 -- Affidavit of Edward M. Quinn) (Risinger, Bradley)
July 2, 2014 Filing 1459 STIPULATION by Novartis Corporation. (Attachments: #1 Affidavit of Stephen Havlik) (McManus, Keith)
July 1, 2014 Filing 1458 STIPULATION Joint by Domtar Paper Company, L.L.C.. (Attachments: #1 Affidavit of Diane Hardison) (Brice, F.)
July 1, 2014 Filing 1457 STIPULATION Joint by Baltimore Gas & Electric Company. (Attachments: #1 Affidavit of Keith Wessleman) (Brice, F.)
July 1, 2014 Filing 1456 STIPULATION by Koch Industries Inc. (Attachments: #1 Affidavit of Craig Highfill) (Shields, Grady)
June 27, 2014 Filing 1455 STIPULATION Joint Stipulation by Green Circle Growers, Inc. (Attachments: #1 Affidavit of Anthony Lucarell)(Knapp, Amanda)
June 26, 2014 Filing 1454 STIPULATION - JOINT by The National Lime and Stone Company. (Attachments: #1 Exhibit 1 - Affidavit of R. Daniel Mapes) (Hartley, Joan)
June 26, 2014 Filing 1453 STIPULATION - JOINT by Robert Bosch LLC. (Attachments: #1 Exhibit 1 - Affidavit of Chad Tippey) (Hartley, Joan)
June 26, 2014 Filing 1452 STIPULATION - JOINT by The North Carolina Granite Corporation. (Attachments: #1 Exhibit 1 - Affidavit of Kenny Moles) (Southerland, Jeffrey)
June 26, 2014 Filing 1451 STIPULATION Amended Joint Stipulation by Truland Corporation. (Attachments: #1 Affidavit of Wayne Butler) (Redmond, Robert)
June 25, 2014 Filing 1450 STIPULATION (JOINT) by CHRISTUS Health Northern Louisiana. (Renbarger, Robert)
June 24, 2014 Filing 1449 STIPULATION Joint by Emma L. Bixby Medical Center. (Attachments: #1 Exhibit A - Affidavit of Matthew J. Hammond) (Bronstein, Joel)
June 24, 2014 Filing 1448 STIPULATION Joint Stipulation by Truland Corporation. (Attachments: #1 Affidavit of Wayne Butler) (Redmond, Robert)
June 23, 2014 Filing 1447 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 1 - Affidavit of William G. Miller) (Erteschik, Andrew)
June 20, 2014 Filing 1446 STIPULATION Joint Stipulation of Third-Party Plaintiff PCS Phosphate and Third-Party Defendants by Truland Corporation. (Redmond, Robert)
June 17, 2014 Filing 1445 STIPULATION by Riley Power Inc. (Attachments: #1 Exhibit A - Affidavit of Earl B. Mason) (Friesen, Bradley)
June 17, 2014 Filing 1444 STIPULATION by Huntington Ingalls Incorporated. (Attachments: #1 Exhibit A - Affidavit of Brian McVey) (Babcock, Sarah)
June 13, 2014 Opinion or Order Filing 1443 ORDER regarding #1442 Second Status Report filed by Special Master - Signed by District Judge Louise Wood Flanagan on 06/13/2014. (Baker, C.)
June 12, 2014 Filing 1442 STATUS REPORT - Second Report of Special Master by David Oscar Ledbetter. (Ledbetter, David)
June 12, 2014 Filing 1441 STIPULATION by Imerys Fused Minerals Greeneville, Inc. (Attachments: #1 Exhibit A - Affidavit of Sean Varner) (Babcock, Sarah)
June 12, 2014 Filing 1440 STIPULATION by Imerys Carbonates, L.L.C. (Attachments: #1 Exhibit A - Affidavit of Kevin Forstmann) (Babcock, Sarah)
June 12, 2014 Filing 1439 NOTICE of Withdrawal from Liaison Group by Huntington Ingalls Incorporated, Imerys Carbonates, L.L.C., Imerys Fused Minerals Greeneville, Inc., North Georgia Electric Membership Corporation, Union Carbide Corporation, Vulcan Construction Materials, L.P. (Babcock, Sarah)
June 10, 2014 Filing 1438 STIPULATION of Defendant Furman University by Furman University. (Attachments: #1 Exhibit A - Affidavit of Bernard F. Stanton) (Erteschik, Andrew)
June 10, 2014 Filing 1437 STIPULATION of Defendant Intertape Polymer Group, Inc. by Intertape Polymer Group, Inc. (Attachments: #1 Exhibit A - Affidavit of Ricky G. Carnell) (Erteschik, Andrew)
June 10, 2014 Opinion or Order Filing 1436 ORDER dismissing #1434 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.)
June 9, 2014 Filing 1435 Memorandum in Support regarding #1434 MOTION for Protective Order filed by Dixon Lumber Company, Incorporated. (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 Affdavit, #6 Exhibit 5 - Unpublished opinion - Huggins v. NC Dept., #7 Exhibit 6 - Unpublished opinion Preferred Carolinas v. Lowe's, #8 Exhibit 7 - Unpublished opinion - Performance Sales, #9 Exhibit 8 - Unpublished opinion - Severn Peanut, #10 Exhibit 9 - Excerpts from deposition of Frank Aguirre, #11 Exhibit 10 - Excerpts from deposition of Benjamin Rappleyea, #12 Exhibit 11 - Excerpts from deposition of 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)
June 9, 2014 Filing 1434 MOTION for Protective Order by Dixon Lumber Company, Incorporated. (Attachments: #1 Text of Proposed Order) (Fedder, Jane)
June 2, 2014 Filing 1433 Notice of Substitution of Counsel by Richard Anthony McAvoy on behalf of Huntington Ingalls Incorporated, Imerys Carbonates, L.L.C., Imerys Fused Minerals Greeneville, Inc., North Georgia Electric Membership Corporation, Union Carbide Corporation, Vulcan Construction Materials, L.P. substituting for Elizabeth N. Willoughby (McAvoy, Richard)
June 2, 2014 Opinion or Order Filing 1432 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.)
May 28, 2014 Filing 1431 STIPULATION of Dismissal With Prejudice of Third-Party Defendant The Rouse Company, LLC by PCS Phosphate Company, Inc., PCS Phosphate, Inc. (Story, Jane)
May 23, 2014 Filing 1430 NOTICE of Appearance for non-district counsel by Kelly K. Iverson on behalf of Consolidation Coal Company. (Iverson, Kelly)
May 22, 2014 Filing 1429 NOTICE by Jessop Steel Company n/k/a Jessop Steel, L.L.C. - Joint Stipulation of Plaintiffs and Defendant, Jessop Steel, LLC. (Olson, Kurt)
May 16, 2014 Filing 1428 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.)
May 2, 2014 Filing 1427 NOTICE of Appearance for non-district counsel by David M. Belczyk on behalf of PCS Phosphate Company, Inc., PCS Phosphate, Inc. (Belczyk, David)
April 25, 2014 Filing 1426 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)
April 25, 2014 Filing 1425 NOTICE of Appearance for non-district counsel by John P. Miller on behalf of PCS Phosphate Company, Inc., PCS Phosphate, Inc. (Miller, John)
April 25, 2014 Opinion or Order Filing 1424 ORDER granting #1423 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.)
April 25, 2014 Motion Submitted to District Judge Louise Wood Flanagan - #1423 MOTION to Amend Case Caption. (Baker, C.)
April 25, 2014 Filing 1423 MOTION to Amend Case Caption by Tennessee Electro-Minerals Inc. (Attachments: #1 Text of Proposed Order) (Babcock, Sarah)
April 23, 2014 Filing 1422 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.)
April 14, 2014 Filing 1421 NOTICE of Appearance for non-district counsel by David M. Bates on behalf of Integrated Electrical Services, Inc. (Bates, David)
April 10, 2014 Opinion or Order Filing 1420 ORDER granting #1419 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.)
April 9, 2014 Motion Submitted to District Judge Louise Wood Flanagan - #1419 MOTION to Withdraw as Attorney. (Baker, C.)
April 9, 2014 Filing 1419 MOTION to Withdraw as Attorney by Virginia Electric And Power Company. (Warf, D.)
April 4, 2014 Filing 1418 STIPULATION of Dismissal With Prejudice of Third-Party Defendant Henkels & McCoy, Inc. by PCS Phosphate Company, Inc., PCS Phosphate, Inc. (Story, Jane)
April 4, 2014 Filing 1417 FINANCIAL DISCLOSURE STATEMENT by Pharmacia Corporation identifying Corporate Parent Pfizer for Pharmacia Corporation. (Fedder, Jane)
March 28, 2014 Filing 1416 STIPULATION of Dismissal With Prejudice of Third-Party Defendant Fabri-Kal Corporation by PCS Phosphate Company, Inc., PCS Phosphate, Inc. (Story, Jane)
March 25, 2014 Opinion or Order Filing 1415 ORDER granting #1413 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.)
March 25, 2014 Filing 1414 NOTICE of Change of Address by Charlotte Anne Mitchell. (Mitchell, Charlotte)
March 25, 2014 Motion Submitted to District Judge Louise Wood Flanagan - #1413 MOTION to Withdraw as Attorney Styers & Kemerait, PLLC. (Baker, C.)
March 25, 2014 Filing 1413 MOTION to Withdraw as Attorney Styers & Kemerait, PLLC by Southern Alloy Corporation, Thomasville Furniture Industries, Inc.. (Kemerait, Karen)
March 24, 2014 Filing 1412 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.)
March 17, 2014 Filing 1411 STIPULATION of Dismissal With Prejudice of Third-Party Defendant Seabrook Enterprises, Inc. by PCS Phosphate Company, Inc., PCS Phosphate, Inc. (Story, Jane)
March 17, 2014 Filing 1410 STIPULATION of Dismissal With Prejudice of Third-Party Defendant Villanova University in the State of Pennsylvania by PCS Phosphate Company, Inc., PCS Phosphate, Inc. (Story, Jane)
March 13, 2014 NOTICE TO COUNSEL regarding #1408 NOTICE of Appearance for non-district counsel by Jeffrey C. Corey on behalf of Alcan Primary Products Corporation - This document's caption and contents lends itself to filing in related case 5:08-CV-460-FL. This document will also need to be filed by counsel in that related case for consideration in that matter. (Baker, C.)
March 12, 2014 Filing 1409 NOTICE by E. Luke Greene Company, Inc. of Desire to be Removed from ECF Notifications. (Ridings, Leslie)
March 12, 2014 Filing 1408 NOTICE of Appearance for non-district counsel by Jeffrey C. Corey on behalf of Alcan Primary Products Corporation. (Corey, Jeffrey)
March 5, 2014 NOTICE TO COUNSEL regarding #1407 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.)
March 4, 2014 Filing 1407 MOTION to Withdraw from further ECF Notifications by Babson College. (Hornthal, L.)
March 3, 2014 Filing 1406 STIPULATION of Dismissal With Prejudice of Third-Party Defendant St. John's College by PCS Phosphate Company, Inc., PCS Phosphate, Inc. (Story, Jane)
February 25, 2014 Opinion or Order Filing 1405 ORDER granting #1404 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.)
February 25, 2014 Filing 1404 MOTION to Withdraw by Martin Marietta Materials, Inc. (Attachments: #1 Text of Proposed Order) (Byrne, Michael)
February 24, 2014 Filing 1403 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 Corp., Dixon Lumber Company, Incorporated, Electric Control Equipment Company, GKN Driveline North American, Inc., Gladieux Trading & Marketing Company, L.P., Glenwood Regional Medical Center, 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, Pratt & Whitney Division, Washington Suburban Sanitary Commission (Gust, William)
February 21, 2014 Filing 1402 STATUS REPORT First Report of Special Master by David O Ledbetter. (Ledbetter, David)
February 18, 2014 Filing 1401 NOTICE of Appearance for non-district counsel by Jonathan R. Waldron on behalf of Georgia-Pacific, LLC. (Waldron, Jonathan)
February 11, 2014 Filing 1400 STIPULATION of Dismissal With Prejudice of Third-Party Defendant City of Winston-Salem, North Carolina by PCS Phosphate Company, Inc., PCS Phosphate, Inc. (Story, Jane)
February 10, 2014 Filing 1399 STIPULATION of Dismissal With Prejudice of Third-Party Defendant E. Luke Greene Company, Inc. by PCS Phosphate Company, Inc. (Story, Jane)
February 10, 2014 Filing 1398 STIPULATION of Dismissal With Prejudice of Third-Party Defendant Sho-Me Power Electric Cooperative by PCS Phosphate Company, Inc. (Story, Jane)
February 4, 2014 NOTICE OF DEFICIENCY regarding #1397 Notice of Substitution of Counsel - Counsel has failed to date the document and must refile. Further, the context of counsel's filing is unclear where notice of appearance has already been registered for this attorney in an earlier filing. If the purpose of filing was to notify of counsel's change of address, the document should be corrected and refiled using the correct event accordingly. (Baker, C.)
February 4, 2014 Filing 1397 Notice of Substitution of Counsel by Charlotte Anne Mitchell on behalf of Southern Alloy Corporation, Thomasville Furniture Industries, Inc. substituting for Charlotte Mitchell (Mitchell, Charlotte)
February 3, 2014 Filing 1396 NOTICE of Appearance for non-district counsel Margaret H. Richards on behalf of Koch Industries Inc. (Richards, Margaret)
January 31, 2014 Opinion or Order Filing 1395 ORDER granting #1403 Motion to Amend #1375 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.)
January 31, 2014 Filing 1394 MOTION to Amend #1375 ORDER by Consolidation Coal Company. (Attachments: #1 Text of Proposed Order) (Darragh, Daniel)
January 31, 2014 Filing 1393 STIPULATION of Dismissal With Prejudice of Third-Party Defendant Delaware Electric Cooperative, Inc. by PCS Phosphate Company, Inc., PCS Phosphate, Inc. (Story, Jane)
January 27, 2014 Filing 1392 Notice of Substitution of Counsel by Elizabeth N. Willoughby on behalf of Huntington Ingalls Incorporated, Imerys Carbonates, L.L.C., North Georgia Electric Membership Corporation, Tennessee Electro-Minerals Inc., Union Carbide Corporation, Vulcan Construction Materials, L.P. substituting for Noelle Valentine. (Willoughby, Elizabeth)
January 23, 2014 Opinion or Order 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.)
January 23, 2014 NOTICE TO COUNSEL regarding #1382 Notice, #1389 Notice, #1388 Notice, #1390 Notice, and #1391 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.)
January 21, 2014 Filing 1391 NOTICE by Truland Corporation Notice of Deposition of Benjamin J. Rappleyea (Redmond, Robert)
January 21, 2014 Filing 1390 NOTICE by Truland Corporation Notice of Deposition of Doris Ann Ostby (Redmond, Robert)
January 21, 2014 Filing 1389 NOTICE by Truland Corporation Notice of Deposition of Marvin C. Croson, Jr. (Redmond, Robert)
January 21, 2014 Filing 1388 NOTICE by Truland Corporation Notice of Deposition of Frank Aguirre (Redmond, Robert)
January 17, 2014 Filing 1387 STIPULATION of Dismissal With Prejudice of Third-Party Defendant Babson College by PCS Phosphate Company, Inc., PCS Phosphate, Inc. (Story, Jane)
January 17, 2014 Opinion or Order Filing 1386 ORDER regarding #1383 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.)
January 17, 2014 Opinion or Order Filing 1385 ORDER granting #1384 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.)
January 17, 2014 Filing 1384 MOTION to Withdraw as Attorney John D. Ormond by Caterpillar Inc. (Attachments: #1 Text of Proposed Order) (Ormond, John)
January 17, 2014 Filing 1383 NOTICE by Consolidation Coal Company regarding #1379 Order - Joint Report Regarding Payment of the Special Master. (Darragh, Daniel) Modified on 1/17/2014 to clarify docket entry text.(Baker, C.)
January 16, 2014 NOTICE OF DEFICIENCY regarding #1382 Notice identifying Rule 30(b)(6) Designee - The electronic signature on the document and the electronic filer 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.)
January 15, 2014 Filing 1382 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.)
January 14, 2014 NOTICE OF DEFICIENCY regarding #1381 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.)
January 13, 2014 Opinion or Order 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.)
January 10, 2014 Filing 1381 Notice of Substitution of Counsel by Sarah T. Babcock on behalf of Huntington Ingalls Incorporated, Imerys Carbonates, L.L.C., North Georgia Electric Membership Corporation, Tennessee Electro-Minerals Inc., Union Carbide Corporation, Vulcan Construction Materials, L.P. substituting for Noelle Valentine (Babcock, Sarah)
January 9, 2014 Filing 1380 STIPULATION of Dismissal with Prejudice of Third-Party Defendant Woodstream Corporation by PCS Phosphate Company, Inc. (Shipley, Curtis)
January 8, 2014 Opinion or Order Filing 1379 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.)
January 7, 2014 Opinion or Order Filing 1378 ORDER granting #1377 Motion to Withdraw as Attorney - Attorney Michael John Byrne terminated as counsel for Cogentrix Energy, L.L.C. Signed by District Judge Louise Wood Flanagan on 01/07/2014. (Baker, C.)
January 7, 2014 Filing 1377 MOTION to Withdraw as Attorney by Cogentrix Energy, L.L.C. (Attachments: #1 Text of Proposed Order) (Byrne, Michael)
January 6, 2014 Filing 1376 NOTICE by Consolidation Coal Company regarding #1371 Order - (Joint Report Regarding Special Master's Compensation). (Darragh, Daniel)
January 3, 2014 Opinion or Order Filing 1375 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.)
December 26, 2013 Filing 1374 AFFIDAVIT regarding #1371 Order Referring Case to Special Master by David O. Ledbetter. (Darragh, Daniel)
December 19, 2013 Filing 1373 STIPULATION of Dismissal with Prejudice of Third-Party Defendant Parker-Hannifin Corporation by PCS Phosphate Company, Inc. (Shipley, Curtis)
December 17, 2013 Filing 1372 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)
December 16, 2013 Opinion or Order Filing 1371 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.)
December 13, 2013 Filing 1370 STIPULATION of Dismissal With Prejudice of Third-Party Defendant Ohio Valley Medical Center, Inc. by PCS Phosphate Company, Inc., PCS Phosphate, Inc. (Story, Jane)
December 13, 2013 Filing 1369 NOTICE of Appearance by Raja S. Mishra on behalf of Truland Corporation. (Mishra, Raja)
December 6, 2013 Filing 1368 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)
December 6, 2013 Opinion or Order Filing 1367 ORDER regarding #974 Letter and #1366 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.)
December 3, 2013 Opinion or Order 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.)
November 26, 2013 Opinion or Order Filing 1365 ORDER granting #1364 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.)
November 25, 2013 Filing 1364 MOTION for Extension of Time to File Joint Report by Cargill Incorporated, Delmarva Power & Light Company, Florida Power & Light Company, G&S Motor Equipment Company, Inc., Georgia Power Company, Johnson/Kerner Liaison Group, Atlantic City Electric Company, Occidental Chemical Corporation, Potamac Electric Power Company, Sales Transaction Defendants Liaison, Tallahassee Memorial Healthcare, Inc. (Attachments: #1 Text of Proposed Order) (Johnson, Keith)
November 21, 2013 Filing 1363 NOTICE of Appearance by Joel F. Bronstein on behalf of Emma L. Bixby Medical Center (Bronstein, Joel)
November 21, 2013 Filing 1362 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.)
November 21, 2013 Filing 1361 STIPULATION of Dismissal with Prejudice of Defendant Apogee Coal Company, LLC by Consolidation Coal Company. (Darragh, Daniel)
November 19, 2013 Filing 1366 Letter from Letter from Christopher G. Smith regarding Exhibits 283 and 285 offered in relation to #876 NOTICE of Filing. (Baker, C.)
November 19, 2013 Filing 1360 NOTICE of Appearance by Julie Ogden Yates on behalf of Caterpillar Inc. (Yates, Julie)
November 15, 2013 Opinion or Order TEXT ORDER denying #1358 Motion for Discovery Entry of a "Lone Pine" Type of 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 1291). Said motion (DE 1359) is DENIED. Signed by District Judge Louise Wood Flanagan on 11/15/2013. (Baker, C.)
November 15, 2013 Filing 1359 Memorandum in Support regarding #1358 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 Corp., Dixon Lumber Company, Incorporated, Electric Control Equipment Company, GKN Driveline North American, Inc., Gladieux Trading & Marketing Company, L.P., Glenwood Regional Medical Center, 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, Pratt & Whitney Division, Washington Suburban Sanitary Commission. (Attachments: #1 Index of Exhibits, #2 Exhibit #1 CPL's answers and objections to Broad River's first interrogatories, #3 Exhibit #2 CPL's responses and objections to Broad River's first request for production, #4 Exhibit #3 CPL's responses to Broad River's first request for admissions, #5 Exhibit #4 CCC's response and objections to Broad River's first request for admission, #6 Exhibit #5 PCS Phosphate's responses and objections to Broad River's first request for admission, #7 Exhibit #6 Grant v. E.I. Dupont de Nemours, #8 Exhibit #7 Hembree v. Litton Industries, #9 Exhibit #8 Lore v. Lone Pine Corp., #10 Exhibit #9 Asarco v. NL Industries) (Fedder, Jane)
November 15, 2013 Filing 1358 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 Corp., Dixon Lumber Company, Incorporated, Electric Control Equipment Company, GKN Driveline North American, Inc., Gladieux Trading & Marketing Company, L.P., Glenwood Regional Medical Center, 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, Pratt & Whitney Division, Washington Suburban Sanitary Commission. (Attachments: #1 Text of Proposed Order Proposed Order) (Fedder, Jane)
November 7, 2013 Filing 1357 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)
November 7, 2013 Opinion or Order Filing 1356 ORDER granting #1355 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.)
November 7, 2013 Motion Submitted to District Judge Louise Wood Flanagan - #1355 MOTION to Withdraw as Attorney And Substitute Local Civil Rule 83.1 Counsel. (Baker, C.)
November 7, 2013 Filing 1355 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)
November 7, 2013 Opinion or Order Filing 1354 ORDER granting #1348 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 11/06/2013. (Baker, C.)
November 7, 2013 Opinion or Order Filing 1353 ORDER granting #1349 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.)
November 6, 2013 Opinion or Order Filing 1352 ORDER denying #1339 Motion to Compel - Signed by District Judge Louise Wood Flanagan on 11/06/2013. (Baker, C.)
November 6, 2013 Filing 1351 NOTICE of Appearance for non-district 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)
November 6, 2013 Filing 1350 NOTICE of Appearance for non-district 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)
November 6, 2013 Filing 1349 MOTION to Withdraw by North Carolina State University is a constituent of the University of North Carolina. (Attachments: #1 Text of Proposed Order) (Byrne, Michael)
November 6, 2013 Filing 1348 MOTION to Withdraw by Seabrook Enterprises, Inc.. (Attachments: #1 Text of Proposed Order) (Byrne, Michael)
November 1, 2013 Filing 1347 STIPULATION of Dismissal Without Prejudice of Third-Party Defendant UPS Ground Freight, Inc. by PCS Phosphate Company, Inc., PCS Phosphate, Inc. (Story, Jane)
October 31, 2013 Motion Submitted to District Judge Louise Wood Flanagan - #1339 MOTION to Compel. (Baker, C.)
October 30, 2013 Filing 1346 RESPONSE by Third Party Defendants PCS Phosphate Company, Inc., PCS Phosphate Company, Inc., Third Party Plaintiffs PCS Phosphate Company, Inc., PCS Phosphate Company, Inc., PCS Phosphate Company, Inc., Counter Defendant PCS Phosphate Company, Inc., Defendant PCS Phosphate, Inc., Cross Claimants PCS Phosphate, Inc., PCS Phosphate, Inc., Cross Defendant PCS Phosphate, Inc., Counter Claimant PCS Phosphate, Inc. regarding #1342 Response, to Third-Party Defendant Tallahassee Memorial Healthcare, Inc.'s Objection to PCS's Initial Discovery Responses. (Story, Jane)
October 30, 2013 Filing 1345 RESPONSE in Opposition regarding #1339 MOTION to Compel filed by PCS Phosphate Company, Inc., PCS Phosphate, Inc. (Attachments: #1 Exhibit A - 10/15/2013 Letter from R. Redmond, #2 Exhibit B - Robinson v. Quicken Loans, Inc.) (Story, Jane)
October 29, 2013 NOTICE OF DEFICIENCY regarding #1344 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.)
October 29, 2013 Filing 1344 NOTICE of Appearance for non-district by Grady L. Shields on behalf of Koch Industries Inc. (Attachments: #1 Exhibit Attorney Registration Form) (Shields, Grady)
October 28, 2013 Filing 1343 NOTICE by Truland Corporation Liaison Group (Redmond, Robert)
October 24, 2013 Filing 1342 RESPONSE regarding #1334 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)
October 24, 2013 Filing 1341 Memorandum in Support regarding #1339 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)
October 24, 2013 NOTICE OF DEFICIENCY regarding #1340 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.)
October 23, 2013 Filing 1340 *DOCUMENT CORRECTED AND REFILED AT DOCKET ENTRY #1340 * - Memorandum in Support regarding #1339 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.)
October 23, 2013 Filing 1339 MOTION to Compel by Truland Corporation. (Attachments: #1 Text of Proposed Order) (Redmond, Robert)
October 23, 2013 Opinion or Order Filing 1338 ORDER regarding #1320 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.)
October 23, 2013 Opinion or Order TEXT ORDER regarding #1334 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.)
October 22, 2013 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)
October 22, 2013 Filing 1337 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)
October 20, 2013 Filing 1335 NOTICE of Change of Address by Michael John Byrne (Byrne, Michael)
October 17, 2013 Opinion or Order Filing 1334 ORDER dismissing as moot #1321 Motion to Reopen Depositions; granting #1327 to Continue the Deposition of Joe Richard Brewer; granting #1328 Motion for Leave to Re-Open Certain Depositions; dismissing as moot #1332 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.)
October 17, 2013 Filing 1333 RESPONSE in Opposition regarding #1332 Third Party MOTION to Take Deposition from Rappleyea, Walsh, Ward, and Weir filed by Consolidation Coal Company. (Attachments: #1 Exhibit 1 - Weir transcript) (Darragh, Daniel)
October 16, 2013 Filing 1336 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.).
October 16, 2013 Filing 1332 Third Party MOTION to Take Deposition from Rappleyea, Walsh, Ward, and Weir by Truland Corporation. (Attachments: #1 Text of Proposed Order) (Redmond, Robert)
October 15, 2013 Motions Submitted to District Judge Louise Wood Flanagan - #1328 MOTION for Leave to Re-Open Certain Depositions, #1327 MOTION to Continue the Deposition of Joe Richard Brewer, and #1321 MOTION for Discovery - Motion to Reopen Depositions. (Baker, C.)
October 14, 2013 Filing 1331 RESPONSE regarding #1321 MOTION for Discovery Motion to Reopen Depositions filed by PCS Phosphate Company, Inc. (Shipley, Curtis)
October 14, 2013 Filing 1330 RESPONSE regarding #1328 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 excerpt 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.)
October 14, 2013 Filing 1329 RESPONSE regarding #1327 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 filers of document. (Baker, C.)
October 7, 2013 Filing 1328 RESPONSE to Order regarding #1291 Order - Joint MOTION for Leave to Re-Open Certain Depositions filed by 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., Gladieux Trading & Marketing Company, L.P., Glenwood Regional Medical Center, Johnson/Kerner Liaison Group, LWB Refractories Company, Atlantic City Electric 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 Exhibit A - List of Defendants Joining in Request, #2 Exhibit B - Deposition Excerpts of Joe Richard Brewer) (Johnson, Keith) Modified on 10/8/2013 to clarify docket entry text and open pending motion event. (Baker, C.)
October 7, 2013 Filing 1327 RESPONSE to Order regarding #1291 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 pending motion event. (Baker, C.)
October 7, 2013 Opinion or Order Filing 1326 ORDER granting #1325 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.)
October 4, 2013 Motion Submitted to District Judge Louise Wood Flanagan - #1325 MOTION to Withdraw as Attorney and MOTION to Substitute Attorney. (Baker, C.)
October 4, 2013 Filing 1325 MOTION to Withdraw as Attorney , MOTION to Substitute Attorney by Blue Ridge Electric Cooperative, Inc., Broad River Electric Cooperative, Inc., Consumers Energy Company, Danny Corp., Dixon Lumber Company, Incorporated, Electric Control Equipment Company, GKN Driveline North American, Inc., Gladieux Trading & Marketing Company, L.P., Glenwood Regional Medical Center, 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, Pratt & Whitney Division, Washington Suburban Sanitary Commission. (Attachments: #1 Text of Proposed Order) (Erteschik, Andrew)
October 4, 2013 Filing 1324 NOTICE of Appearance by Patricia P. Shields on behalf of Blue Ridge Electric Cooperative, Inc., Broad River Electric Cooperative, Inc., Consumers Energy Company, Danny Corp., Dixon Lumber Company, Incorporated, Electric Control Equipment Company, GKN Driveline North American, Inc., Gladieux Trading & Marketing Company, L.P., Glenwood Regional Medical Center, 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, Pratt & Whitney Division, Washington Suburban Sanitary Commission (Shields, Patricia)
October 3, 2013 Filing 1323 NOTICE of Appearance by Clement D. Carter on behalf of Truland Corporation (Carter, Clement)
October 2, 2013 Filing 1322 Proposed Order regarding #1321 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.)
October 2, 2013 NOTICE OF DEFICIENCY regarding: #1321 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.)
October 2, 2013 Filing 1321 MOTION for Discovery Motion to Reopen Depositions by Truland Corporation. (Redmond, Robert)
September 30, 2013 Filing 1320 NOTICE by Thomasville Furniture Industries, Inc. (Styers, Matthew)
September 30, 2013 Opinion or Order Filing 1319 ORDER granting #1318 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.)
September 30, 2013 Filing 1318 Joint MOTION for Protective Order by PCS Phosphate Company, Inc., PCS Phosphate, 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)
September 30, 2013 Opinion or Order Filing 1317 ORDER granting #1315 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.)
September 30, 2013 Opinion or Order Filing 1316 ORDER granting #1314 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.)
September 30, 2013 Motions Submitted to District Judge Louise Wood Flanagan - #1315 MOTION to Withdraw as Attorney and #1314 MOTION to Withdraw as Attorney. (Baker, C.)
September 30, 2013 Filing 1315 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)
September 30, 2013 Filing 1314 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)
September 30, 2013 Opinion or Order Filing 1313 ORDER granting #1312 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.)
September 30, 2013 Motion Submitted to District Judge Louise Wood Flanagan - #1312 MOTION to Withdraw as Attorney. (Baker, C.)
September 30, 2013 Filing 1312 MOTION to Withdraw as Attorney by Cargill Incorporated, Delmarva Power & Light Company, Atlantic City Electric Company, Occidental Chemical Corporation, Potamac Electric Power Company. (Attachments: #1 Text of Proposed Order) (Fedder, Jane)
September 24, 2013 Opinion or Order Filing 1311 ORDER granting #1308 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.)
September 24, 2013 Opinion or Order Filing 1310 ORDER granting #1307 Motion to Withdraw as Attorney - Joseph G. Nassif terminated as LR 83.1 Special 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.)
September 24, 2013 Filing 1309 NOTICE regarding #1295 Response 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.)
September 23, 2013 Filing 1308 MOTION to Withdraw as Attorney For Certain Defendants by Danny Corp., Glenwood Regional Medical Center. (Attachments: #1 Text of Proposed Order) (Caldwell, Megan)
September 23, 2013 Filing 1307 MOTION to Withdraw as Attorney For Certain Defendants by Danny Corp., Glenwood Regional Medical Center. (Attachments: #1 Text of Proposed Order) (Nassif, Joseph)
September 23, 2013 Filing 1306 NOTICE by PCS Phosphate Company, Inc., PCS Phosphate, Inc. Regarding Third-Party Plaintiff PCS Phosphate Company, Inc.'s Settlement Offer to Third-Party Defendant Melinz-Rebar, Inc. (Story, Jane)
September 23, 2013 Opinion or Order Filing 1305 ORDER granting #1304 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.)
September 20, 2013 Motion Submitted to District Judge Louise Wood Flanagan - #1304 MOTION to Withdraw as Attorney. (Baker, C.)
September 20, 2013 Filing 1304 MOTION to Withdraw as Attorney by Florida Power & Light Company. (Attachments: #1 Text of Proposed Order) (Fedder, Jane)
September 19, 2013 Opinion or Order Filing 1303 ORDER granting #1301 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.)
September 19, 2013 Opinion or Order Filing 1302 ORDER granting #1300 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.)
September 18, 2013 Filing 1301 MOTION to Withdraw as Attorney for Certain Defendants by Broad River Electric Cooperative, Inc., Consumers Energy Company, Dixon Lumber Company, Incorporated, Electric Control Equipment Company, GKN Driveline North American, Inc., Gladieux Trading & Marketing Company, L.P., LWB Refractories Company, Pharmacia Corporation, Sonoco Products Company, St. Joseph Medical Center, Inc., Unimin Corporation, United Technologies Corporation, Pratt & Whitney Division, Washington Suburban Sanitary Commission. (Attachments: #1 Text of Proposed Order Proposed Order Allowing Withdrawal as Counsel for Certain Defendants) (Caldwell, Megan)
September 18, 2013 Filing 1300 MOTION to Withdraw as Attorney For Certain Defendants by Broad River Electric Cooperative, Inc., Consumers Energy Company, Dixon Lumber Company, Incorporated, Electric Control Equipment Company, GKN Driveline North American, Inc., Gladieux Trading & Marketing Company, L.P., LWB Refractories Company, Pharmacia Corporation, Sonoco Products Company, St. Joseph Medical Center, Inc., Unimin Corporation, Washington Suburban Sanitary Commission. (Attachments: #1 Text of Proposed Order Proposed Order Allowing Withdrawal as Counsel for Certain Defendants) (Nassif, Joseph)
September 18, 2013 Opinion or Order Filing 1299 ORDER granting #1298 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.)
September 18, 2013 Filing 1298 MOTION to Withdraw as Attorney by Georgia-Pacific, LLC. (Attachments: #1 Text of Proposed Order) (Fedder, Jane)
September 18, 2013 NOTICE OF DEFICIENCY regarding #1297 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.)
September 17, 2013 Filing 1297 *DOCUMENT CORRECTED AND REFILED AT DOCKET ENTRY #1298 * - NOTICE by Georgia-Pacific, LLC (Attachments: #1 Text of Proposed Order) (Fedder, Jane) Modified on 09/18/2013 to insert refiling information. (Baker, C.)
September 10, 2013 Opinion or Order Filing 1296 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.)
September 6, 2013 Filing 1295 RESPONSE by unknown United States Environmental Protection Agency regarding #1291 Order - United States' Response to the Court's August 19, 2013 Order. (Jonas, Lori)
September 4, 2013 Filing 1294 NOTICE of Change of Address by Jane E. Fedder (Fedder, Jane)
August 30, 2013 NOTICE TO COUNSEL regarding #1293 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.)
August 30, 2013 Filing 1293 RESPONSE to Discovery Request from Rule 26(a)(1) Initial Disclosures filed by Villanova University in the State of Pennsylvania. (Segletes, Theodore)
August 21, 2013 Opinion or Order Filing 1292 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.)
August 19, 2013 Remark - Case Administrator served a copy of #1291 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.)
August 19, 2013 Opinion or Order Filing 1291 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.)
August 16, 2013 Filing 1290 NOTICE of Appearance for non-district counsel 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)
August 16, 2013 NOTICE OF DEFICIENCY regarding #1288 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.)
August 16, 2013 Filing 1289 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.)
August 16, 2013 Filing 1288 *DOCUMENT CORRECTED AND REFILED AT DOCKET ENTRY #1290 * - 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.)
August 15, 2013 Filing 1287 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 #1286 NOTICE. Written order to follow. (Court Reporter - David Collier) (Baker, C.)
August 15, 2013 Filing 1286 NOTICE - Items for Discussion for August 15, 2013 Conference. (Baker, C.)
August 14, 2013 Filing 1285 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.)
August 14, 2013 Filing 1284 NOTICE of Appearance by Conor Patrick Regan on behalf of Henkels & McCoy, Inc. (Regan, Conor)
August 14, 2013 Filing 1283 NOTICE of Appearance by Christopher R. Kiger on behalf of Duke Energy Progress, Inc. (Kiger, Christopher)
August 13, 2013 Filing 1282 NOTICE of Appearance by Seth Davis Beckley on behalf of Emma L. Bixby Medical Center (Beckley, Seth)
August 12, 2013 Opinion or Order Filing 1281 ORDER denying #1248 Motion for Pretrial Settlement Conference; terminating #1250 Motion for Joinder; and denying #1260 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.)
August 12, 2013 Filing 1280 NOTICE by Barnes & Powell Elecrical 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 in the State of Pennsylvania regarding #1214 Order, Certain Sales Defendants' Proposed Agenda For Case Management Conference on August 15, 2013 (Sands, Laurie)
August 12, 2013 Opinion or Order Filing 1279 ORDER denying #1237 Motion for Certificate of Appealability - Signed by District Judge Louise Wood Flanagan on 08/12/2013. (Baker, C.)
August 9, 2013 Motion Submitted to District Judge Louise Wood Flangan - #1260 MOTION to Compel. (Baker, C.)
August 9, 2013 Filing 1278 NOTICE by Consolidation Coal Company regarding #1214 Order, Proposed Agenda for August 15, 2013 Status Conference (Darragh, Daniel)
August 9, 2013 Filing 1277 NOTICE by Saint Augustine's College of Interest Regarding a Third-Party Settlement Conference (Francis, Charles)
August 9, 2013 Filing 1276 RESPONSE to Motion regarding #1260 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)
August 9, 2013 Motions Submitted to District Judge Louise Wood Flanagan - #1250 MOTION for Joinder RE: Villanova University's Joinder In Co-Third Party Defendants' Motion For Pretrial Settlement Conference and #1248 MOTION for Pretrial Settlement Conference. (Baker, C.)
August 8, 2013 Filing 1275 RESPONSE in Support regarding #1248 MOTION for Pretrial Settlement Conference filed by City of Winston-Salem, North Carolina, FABRI-KAL Corporation. (Johnson, Keith)
August 7, 2013 Opinion or Order Filing 1274 ORDER granting #1269 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.)
August 7, 2013 Motion Submitted to District Judge Louise Wood Flanagan - #1269 MOTION to Appoint Counsel - Certain Third-Party Defendants' Nomination of Liaison Counsel. (Baker, C.)
August 6, 2013 Filing 1273 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)
August 6, 2013 Filing 1272 NOTICE by Trinity Industries, Inc. Interest in Proposed Settlement Conference (Sencenbaugh, Adam)
August 6, 2013 Filing 1271 NOTICE by Barnes & Powell Elecrical Company, Inc. of interest in Proposed Settlement Conference (Schoolman, Brian)
August 6, 2013 Filing 1270 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)
August 6, 2013 Filing 1269 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)
August 6, 2013 Filing 1268 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)
August 6, 2013 Filing 1267 NOTICE by Riley Power Inc. of Interest in Participating in Settlement Conference (Friesen, Bradley)
August 6, 2013 Filing 1266 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.)
August 6, 2013 Filing 1265 RESPONSE in Opposition regarding #1248 MOTION for Pretrial Settlement Conference, #1250 MOTION for Joinder, #1254 NOTICE of Desire to Participate in Third-Party Settlement Conference, and #1263 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.)
August 6, 2013 Filing 1264 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.)
August 5, 2013 Filing 1263 NOTICE by Mass. Electric Construction Co. of Desire to Participate in Third-Party Settlement Conference (Larson, Linda)
August 5, 2013 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): #1260 MOTION to Compel; #1261 Memorandum in Support; and TEXT ORDER entered on August 5, 2013. (Baker, C.)
August 5, 2013 Opinion or Order TEXT ORDER regarding #1260 Motion to Compel #1262 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.)
August 2, 2013 Filing 1262 NOTICE by Blue Ridge Electric Cooperative, Inc., Broad River Electric Cooperative, Inc., Cargill Incorporated, Consolidation Coal Company, Consumers Energy Company, Danny Corp., Delmarva Power & Light Company, Dixon Lumber Company, Incorporated, Duke Energy Progress, Inc., Electric Control Equipment Company, Florida Power & Light Company, GKN Driveline North American, Inc., Georgia-Pacific, LLC, Gladieux Trading & Marketing Company, L.P., Glenwood Regional Medical Center, Johnson/Kerner Liaison Group, LWB Refractories Company, Atlantic City Electric Company, Occidental Chemical Corporation, PCS Phosphate, Inc., Pharmacia Corporation, Potamac 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, Pratt & Whitney Division, Washington Suburban Sanitary Commission regarding #1244 Order, Set Hearings,,,, JOINT SUBMISSION REGARDING PARTICIPATION AT AUGUST 15 CONFERENCE (Attachments: #1 List of Counsel Desiring Telephonic Participation) (Johnson, Keith)
July 31, 2013 Filing 1261 Memorandum in Support regarding #1260 MOTION to Compel of Certain Defendants filed by 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, E. Luke Greene Company, Inc., Electric Control Equipment Company, Florida Power & Light Company, GKN Driveline North American, Inc., Georgia-Pacific, LLC, Gladieux Trading & Marketing Company, L.P., Glenwood Regional Medical Center, LWB Refractories Company, Atlantic City Electric Company, Occidental Chemical Corporation, Parker-Hannifin Corporation, Pharmacia Corporation, Potamac 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, Pratt & Whitney Division, Washington Suburban Sanitary Commission. (Attachments: #1 Index Exhibit index, #2 Exhibit #1 EPA Streamlined Approach for Settlement, #3 Exhibit #2 EPA Revised Settlement Policy, #4 Exhibit #3 Excerpts from EPA's Response to Public Comment, #5 Exhibit #4 Excerpts from Statement of Lois 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)
July 31, 2013 Filing 1260 MOTION to Compel of Certain Defendants by 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, E. Luke Greene Company, Inc., Electric Control Equipment Company, Florida Power & Light Company, GKN Driveline North American, Inc., Gladieux Trading & Marketing Company, L.P., Glenwood Regional Medical Center, LWB Refractories Company, Atlantic City Electric Company, Occidental Chemical Corporation, Parker-Hannifin Corporation, Pharmacia Corporation, Potamac 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, Pratt & Whitney Division, Washington Suburban Sanitary Commission. (Attachments: #1 Text of Proposed Order Proposed order) (Fedder, Jane)
July 31, 2013 Filing 1259 NOTICE of Appearance by Richard V. Bennett on behalf of Alcan Primary Products Corporation (Bennett, Richard)
July 29, 2013 Filing 1258 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.)
July 29, 2013 Filing 1257 Notice of Substitution of Counsel by Johna G. Hedden on behalf of Caterpillar Inc. substituting for Julie S. Stine (Hedden, Johna)
July 29, 2013 Filing 1256 NOTICE of Appearance for non-district by Johna G. Hedden on behalf of Caterpillar Inc. (Attachments: #1 Exhibit CM/ECF Registration Form) (Hedden, Johna)
July 29, 2013 Motion Submitted to District Judge Louise Wood Flanagan - #1237 Third Party MOTION for Certificate of Appealability - Motion for Certification of Interlocutory Appeal. (Baker, C.)
July 26, 2013 Filing 1255 REPLY to Response to Motion regarding #1237 Third Party MOTION for Certificate of Appealability Motion for Certification of Interlocutory Appeal filed by Truland Corporation. (Dinsmore, Joan)
July 26, 2013 Filing 1254 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)
July 26, 2013 NOTICE OF DEFICIENCY regarding: #1253 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.)
July 26, 2013 Filing 1253 *DOCUMENT CORRECTED AND REFILED AT DOCKET ENTRY #1254 * - 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.)
July 26, 2013 Opinion or Order Filing 1252 ORDER granting #1251 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.)
July 26, 2013 Motion Submitted to District Judge Louise Wood Flanagan - #1251 MOTION to Withdraw as Attorney. (Baker, C.)
July 25, 2013 Filing 1251 MOTION to Withdraw as Attorney by Barnes & Powell Elecrical Company, Inc. (Attachments: #1 Text of Proposed Order) (Smith, M.)
July 25, 2013 Filing 1250 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)
July 25, 2013 Opinion or Order TEXT ORDER regarding #1248 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.)
July 24, 2013 Filing 1249 STIPULATION of Dismissal With Prejudice of Defendant Lockwood's Electric Motor Service, Inc. by PCS Phosphate Company, Inc., PCS Phosphate, Inc. (Story, Jane)
July 23, 2013 Filing 1248 MOTION for Pretrial Settlement Conference by City of Winston-Salem, North Carolina, FABRI-KAL Corporation. (Attachments: #1 Text of Proposed Order) (Johnson, Keith)
July 22, 2013 Opinion or Order Filing 1247 ORDER denying #1216 Motion for Certification of Interlocutory Appeal - Signed by District Judge Louise Wood Flanagan on 07/22/2013. (Baker, C.) Modified on 7/29/2013 to link to appropriate underlying motion. (Baker, C.)
July 19, 2013 Filing 1246 NOTICE of Appearance by Brian J. Schoolman on behalf of Barnes & Powell Elecrical Company, Inc. (Schoolman, Brian)
July 19, 2013 Opinion or Order Filing 1245 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.)
July 19, 2013 Opinion or Order Filing 1244 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 the conference 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.)
July 19, 2013 Filing 1243 RESPONSE in Opposition regarding #1237 Third Party MOTION for Certificate of Appealability Motion for Certification of Interlocutory Appeal filed by PCS Phosphate 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)
July 18, 2013 Motion Submitted to District Judge Louise Wood Flanagan - #1216 MOTION for Certificate of Appealability - Motion for Certification of Interlocutory Appeal. (Baker, C.)
July 16, 2013 Filing 1242 REPLY to Response to Motion regarding #1216 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)
July 9, 2013 Filing 1241 FINANCIAL DISCLOSURE STATEMENT by Alcan Primary Products Corporation. (Keller, Alysa)
July 3, 2013 Filing 1240 RESPONSE in Opposition regarding #1216 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)
July 2, 2013 Filing 1239 RESPONSE in Opposition regarding #1216 MOTION for Certificate of Appealability Motion for Certification of Interlocutory Appeal filed by Consolidation Coal Company, PCS Phosphate 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)
June 28, 2013 Filing 1238 Memorandum in Support regarding #1237 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.)
June 28, 2013 Filing 1237 Third Party MOTION for Certificate of Appealability Motion for Certification of Interlocutory Appeal by Truland Corporation. (Redmond, Robert)
June 28, 2013 NOTICE OF DEFICIENCY regarding #1236 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.)
June 28, 2013 Filing 1236 *DOCUMENT CORRECTED AND REFILED AT DOCKET ENTRY #1238 * - 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.)
June 28, 2013 Filing 1235 *DOCUMENT CORRECTED AND REFILED AT DOCKET ENTRY #1237 * - 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.)
June 28, 2013 Filing 1234 NOTICE by Truland Corporation Objection to PCS Phosphate's Categorization of Alleged Transactions (Dinsmore, Joan)
June 26, 2013 Opinion or Order Filing 1233 ORDER granting #1231 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.)
June 26, 2013 Motion Submitted to District Judge Louise Wood Flanagan - #1231 MOTION to Withdraw as Attorney. (Baker, C.)
June 25, 2013 Filing 1232 NOTICE by Alcan Primary Products Corporation regarding #1231 MOTION to Withdraw as Attorney (proposed Order) (White, Alan)
June 25, 2013 Filing 1231 MOTION to Withdraw as Attorney by Alcan Primary Products Corporation. (Attachments: #1 Text of Proposed Order) (White, Alan)
June 24, 2013 Filing 1230 NOTICE by Duquesne Light Company Notice of Disclaimer of Affiliation with Liaison Counsel (Olson, Kurt)
June 24, 2013 Filing 1229 RESPONSE regarding #1090 NOTICE by PCS Phosphate Company, Inc. re #1088 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.)
June 24, 2013 Filing 1228 NOTICE of Appearance by Hal J. Pos on behalf of Alcan Primary Products Corporation (Pos, Hal)
June 24, 2013 Filing 1227 NOTICE of Appearance by Alysa M. Keller on behalf of Alcan Primary Products Corporation (Keller, Alysa)
June 21, 2013 Opinion or Order Filing 1226 ORDER granting #1225 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.)
June 20, 2013 Motion Submitted to District Judge Louise Wood Flanagan - #1225 MOTION to Withdraw as Attorney. (Baker, C.)
June 20, 2013 Filing 1225 MOTION to Withdraw as Attorney and Notice of Change of Address by Union Electric Company. (Attachments: #1 Text of Proposed Order) (Beskind, Donald)
June 19, 2013 Filing 1224 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.)
June 19, 2013 Filing 1223 STIPULATION of Dismissal with Prejudice of Defendant Veolia Environmental Services Waste-to-Energy f/k/a Montenay Power Corporation by Consolidation Coal Company. (Darragh, Daniel)
June 18, 2013 Filing 1222 RESPONSE to Order regarding #1214 Order, Joint Submission Regarding Liaison Counsel for Defendants and Certain Third-Party Defendants filed by Atlantic City Electric Company, 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, Gladieux Trading & Marketing Company, L.P., Glenwood Regional Medical Center, Johnson/Kerner Liaison Group, LWB Refractories Company, Occidental Chemical Corporation, Pharmacia Corporation, Potamac 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, Pratt & Whitney Division, 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)
June 18, 2013 Filing 1221 RESPONSE regarding #1215 Notice-(other), and Notice of Objection to Plaintiffs Categorization of Alleged Transactions filed by Electric Equipment Corporation of Virginia. (Erteschik, Andrew)
June 18, 2013 Filing 1220 NOTICE of Appearance for non-district counsel by Mark T. Pavkov on behalf of Warren Electric Cooperative, Inc. (Pavkov, Mark)
June 18, 2013 Filing 1219 RESPONSE to Order regarding #1214 Order, filed by Bruce-Merrilees Electric Company. (Attachments: #1 Appendix, #2 Exhibit A-WT Site Allocation worksheet, #3 Exhibit B-Ellwood Forge Purchase Info, #4 Exhibit C-Repair Info) (DeGeorge, R.)
June 17, 2013 Filing 1218 NOTICE by NL Industries, Inc. of Disclaimer of Defendants' Liaison Counsel (Herz, Joel)
June 14, 2013 Filing 1217 Memorandum in Support regarding #1216 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 excerpt 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)
June 14, 2013 Filing 1216 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)
June 11, 2013 Filing 1215 NOTICE by Duke Energy Progress, Inc. regarding #1214 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)
June 4, 2013 Opinion or Order Filing 1214 ORDER regarding #1212 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. Signed by District Judge Louise Wood Flanagan on 06/04/2013. (Baker, C.)
May 28, 2013 Filing 1213 NOTICE of Appearance by Trischa S. Chapman on behalf of Guernsey-Muskingum Electric Cooperative, Inc. (Chapman, Trischa)
May 23, 2013 Filing 1212 STATUS REPORT (Joint) by Consolidation Coal Company. Associated Cases: 5:08-cv-00463-FL, 5:08-cv-00460-FL (Darragh, Daniel)
May 22, 2013 Opinion or Order Filing 1211 ORDER of US Court of Appeals as to #1203 Notice of Appeal filed by Consolidation Coal Company, #1208 Notice of Appeal filed by PCS Phosphate, Inc., PCS Phosphate Company, Inc. 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.)
May 22, 2013 Filing 1210 US Court of Appeals Case Number 13-1666, Donna Lett, Case Manager for #1208 Notice of Appeal filed by PCS Phosphate, Inc., PCS Phosphate Company, Inc. (Fogle, L.)
May 16, 2013 Filing 1209 Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals regarding #1208 Notice of Appeal as to #1200 Judgment by PCS Phosphate Company, Inc. (Tripp, S.)
May 15, 2013 Filing 1208 NOTICE OF APPEAL as to #1200 Judgment by PCS Phosphate Company, Inc. Filing fee $ 455, receipt number 0417-2506226. (Ginsberg, Michael)
May 13, 2013 Filing 1207 US Court of Appeals Case Number 13-1617, Donna Lett, Case Manager for #1203 Notice of Appeal filed by Consolidation Coal Company. (Fogle, L.)
May 10, 2013 Filing 1206 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 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, Gladieux Trading & Marketing Company, L.P., 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 substituting for Uyless M. Dewberry (Caldwell, Megan)
May 6, 2013 Opinion or Order Filing 1205 ORDER denying #1166 Motion for Reconsideration regarding #1163 Order by Broad River Electric Cooperative, Inc. Signed by District Judge Louise Wood Flanagan on 5/6/2013. (Tripp, S.)
May 6, 2013 Filing 1204 Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals regarding #1203 Notice of Appeal by Consolidation Coal Company. (Fogle, L.)
May 6, 2013 Filing 1203 NOTICE OF APPEAL as to #1200 Judgment by Consolidation Coal Company. Filing fee $ 455, receipt number 0417-2493743. (Darragh, Daniel)
May 3, 2013 Opinion or Order Filing 1202 ORDER granting #1201 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.)
May 2, 2013 Motion Submitted to District Judge Louise Wood Flanagan - #1201 MOTION Amend Case Caption due to Corporate Name Change. (Baker, C.)
May 2, 2013 Filing 1201 MOTION Amend Case Caption due to Corporate Name Change by Carolina Power & Light Co., Inc. d/b/a Progress Energy Carolinas, Inc.. (Attachments: #1 Text of Proposed Order) (Ovies, Kelli)
May 1, 2013 Filing 1200 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.)
April 30, 2013 Opinion or Order Filing 1199 ORDER granting #1169 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.)
April 25, 2013 Filing 1198 NOTICE of Appearance for non-district by Adam Sencenbaugh on behalf of Trinity Industries, Inc. (Sencenbaugh, Adam)
April 25, 2013 Filing 1197 Memorandum in Support regarding #1166 MOTION for Reconsideration regarding #1163 Order filed by Carr & Duff, Inc. (Lewis, E.)
April 25, 2013 Opinion or Order TEXT ORDER granting #1196 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.)
April 25, 2013 Opinion or Order TEXT ORDER granting #1195 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.)
April 25, 2013 Opinion or Order TEXT ORDER granting #1174 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.)
April 22, 2013 Motions Submitted to District Judge Louise Wood Flanagan - #1195 MOTION to Withdraw as Attorney, #1166 MOTION for Reconsideration regarding #1163 Order, #1196 MOTION to Withdraw as Attorney by Caroline N. Belk, and #1174 MOTION for Leave to File Memorandum in Support of Broad River's Motion for Reconsideration. (Baker, C.)
April 17, 2013 Filing 1196 MOTION to Withdraw as Attorney of Caroline N. Belk by Carolina Power & Light Co., Inc. d/b/a Progress Energy Carolinas, Inc.. (Attachments: #1 Text of Proposed Order) (Belk, Caroline)
April 13, 2013 Filing 1195 MOTION to Withdraw as Attorney by Domtar Paper Company, L.L.C.. (Attachments: #1 Text of Proposed Order) (Asbill, Mary)
April 11, 2013 Motion Submitted to District Judge Louise Wood Flanagan - #1169 MOTION for Entry of Judgment under Rule 54(b) as to Georgia Power Company. (Baker, C.)
April 10, 2013 Filing 1194 ANSWER to Third Party Complaint by Riley Power Inc. (Friesen, Bradley)
April 10, 2013 Filing 1193 CERTIFICATE OF SERVICE by Truland Corporation regarding #1192 Answer to Third Party Complaint (Redmond, Robert)
April 10, 2013 Filing 1192 AFFIRMATIVE DEFENSES AND ANSWER to Third Party Complaint by Truland Corporation. (Redmond, Robert)
April 9, 2013 Filing 1191 NOTICE of Appearance by Joan S. Dinsmore on behalf of Truland Corporation (Dinsmore, Joan)
April 8, 2013 Filing 1190 REPLY to Response to Motion regarding #1166 MOTION for Reconsideration regarding #1163 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)
April 5, 2013 Filing 1189 STIPULATION of Dismissal with Prejudice of Defendant Norfolk Southern Railway Company by Consolidation Coal Company. (Darragh, Daniel)
April 2, 2013 Filing 1188 RESPONSE in Opposition regarding #1174 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)
March 28, 2013 Filing 1187 RESPONSE in Opposition regarding #1174 MOTION for Leave to File Memorandum in Support of Broad River's Motion for Reconsideration filed by Carolina Power & Light Co., Inc. d/b/a Progress Energy Carolinas, Inc. (Smith, Christopher)
March 27, 2013 Opinion or Order Filing 1186 ORDER denying #943 Motion to Dismiss; denying #950 Motion to Dismiss for Failure to State a Claim; denying #952 Motion to Dismiss for Failure to State a Claim; denying #954 Motion to Dismiss for Failure to State a Claim; denying #960 Motion to Dismiss for Failure to State a Claim; denying #1119 Motion to Dismiss; denying #1121 Motion to Dismiss for Failure to State a Claim; denying #1123 Motion to Dismiss; denying #1125 Motion to Dismiss; denying #1127 Motion to Dismiss for Failure to State a Claim; and denying #1129 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 #1129 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. Signed by District Judge Louise Wood Flanagan on 03/27/2013. (Baker, C.)
March 26, 2013 Filing 1185 RESPONSE in Opposition regarding #1166 MOTION for Reconsideration regarding #1163 Order filed by Consolidation Coal Company, PCS Phosphate 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)
March 25, 2013 Filing 1184 RESPONSE in Opposition regarding #1166 MOTION for Reconsideration regarding #1163 Order filed by Carolina Power & Light Co., Inc. d/b/a Progress Energy Carolinas, Inc. (Smith, Christopher)
March 22, 2013 Opinion or Order Filing 1183 ORDER granting #1182 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.)
March 22, 2013 Motion Submitted to District Judge Louise Wood Flanagan - #1182 MOTION to Withdraw as Attorney. (Baker, C.)
March 21, 2013 Filing 1182 MOTION to Withdraw as Attorney by Truland Corporation. (Attachments: #1 Text of Proposed Order) (Sevilla, Garrick)
March 21, 2013 Filing 1181 RESPONSE to Motion regarding #1169 MOTION for Entry of Judgment under Rule 54(b) as to Georgia Power Company filed by Carolina Power & Light Co., Inc. d/b/a Progress Energy Carolinas, Inc. (Belk, Caroline)
March 21, 2013 NOTICE OF DEFICIENCY regarding #1180 Response to Motion - The document has not been linked to the appropriate docket entry. Counsel is directed to refile this document and link to the correct underlying motion at docket entry #1169 . (Baker, C.)
March 21, 2013 Filing 1180 *DOCUMENT CORRECTED AND REFILED AT DOCKET ENTRY #1181 * - RESPONSE to Motion for Entry of Judgment as to Georgia Power Co. filed by Carolina Power & Light Co., Inc. d/b/a Progress Energy Carolinas, Inc. (Belk, Caroline) Modified on 3/21/2013 to insert refiling information. (Baker, C.)
March 20, 2013 NOTICE OF DEFICIENCY regarding #1175 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.)
March 15, 2013 Filing 1179 NOTICE of Appearance by Mark E. Anderson on behalf of Truland Corporation (Anderson, Mark)
March 15, 2013 Filing 1178 NOTICE of Change of Address by Robert F. Redmond, Jr. (Redmond, Robert)
March 14, 2013 Filing 1177 *DISREGARD - DUPLICATE FILING OF DOCKET ENTRY #1176 * - NOTICE of Change of Address by Catherine W. Cralle-Jones (Cralle-Jones, Catherine) Modified on 3/20/2013. (Baker, C.)
March 14, 2013 Filing 1176 NOTICE of Change of Address by Catherine W. Cralle-Jones (Cralle-Jones, Catherine)
March 13, 2013 Filing 1175 Notice of Substitution of Counsel by Catherine W. Cralle-Jones on behalf of Domtar Paper Company, L.L.C. substituting for Mary Mclean Asbill (Attachments: #1 Text of Proposed Order Order) (Cralle-Jones, Catherine)
March 12, 2013 Filing 1174 MOTION for Leave to File Memorandum in Support of Broad River's Motion for Reconsideration by Carr & Duff, Inc. (Attachments: #1 Exhibit A - Proposed Memorandum of Law, #2 Exhibit B - Proposed Order) (Lewis, E.)
March 11, 2013 Filing 1173 RESPONSE regarding #1169 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)
March 11, 2013 Filing 1172 RESPONSE to Motion regarding #1119 MOTION to Dismiss - Surreply filed by PCS Phosphate Company, Inc. (Shipley, Curtis)
March 11, 2013 Opinion or Order Filing 1171 ORDER granting #1145 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.)
March 6, 2013 Filing 1170 Memorandum in Support regarding #1169 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)
March 6, 2013 Filing 1169 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)
March 6, 2013 Filing 1168 Proposed Order regarding #1166 MOTION for Reconsideration regarding #1163 Order filed by Broad River Electric Cooperative, Inc. (Fedder, Jane)
March 6, 2013 NOTICE OF DEFICIENCY regarding #1166 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.)
March 5, 2013 Filing 1167 Memorandum in Support regarding #1166 MOTION for Reconsideration regarding #1163 Order filed by Broad River Electric Cooperative, Inc. (Attachments: #1 Exhibit 1 - Deposition Excerpt of Doug Wilson) (Fedder, Jane)
March 5, 2013 Filing 1166 MOTION for Reconsideration regarding #1163 Order by Broad River Electric Cooperative, Inc. (Fedder, Jane)
February 27, 2013 Filing 1165 NOTICE of Change of Address by Patricia P. Shields (Shields, Patricia)
February 19, 2013 Filing 1164 NOTICE regarding #1163 ORDER by Broad River Electric Cooperative, Inc. (Fedder, Jane) Modified on 2/20/2013 to clarify docket entry text. (Baker, C.)
February 19, 2013 Opinion or Order Filing 1163 ORDER denying #973 Motion for Partial Summary Judgment as to CERCLA Liability Against Broad River Electric Cooperative, Inc.; denying #988 Motion for Partial Summary Judgment as to Liability Against Repair Test Case Defendant Broad River Electric Cooperative, Inc.; denying #991 Motion for Summary Judgment; granting #1030 Motion to Exclude the Affidavit of Mr. Richard Westover and Related Deposition Testimony; denying #1049 Motion to Strike Plaintiffs' Speculative Assertions of Fact and Inadmissible Allegations of Habit or Routine; denying #1051 Motion to Strike Certain Materials and Statements Submitted by Plaintiffs; and, granting #1094 Motion for Leave to File Amicus Curiae Reply Brief - Signed by District Judge Louise Wood Flanagan on 02/18/2013. (Baker, C.)
February 18, 2013 Filing 1162 STIPULATION of Dismissal with Prejudice of Defendant Cooper Tire & Rubber Company by Consolidation Coal Company. (Darragh, Daniel)
February 1, 2013 Opinion or Order Filing 1161 ORDER granting #1156 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.)
February 1, 2013 Opinion or Order Filing 1160 ORDER granting #880 Motion for Summary Judgment; denying #883 Motion for Partial Summary Judgment; denying #938 Motion for Partial Summary Judgment; denying as moot #1021 Motion to Strike #871 Affidavit, #872 Affidavit of Brewer and Canady; and, denying as moot #1058 Motion to Exclude the Affidavit of Mr. Richard Westover and Related Deposition Testimony - Defendant Georgia Power's request for hearing is DENIED as this court elects to decide motions 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.)
January 30, 2013 Filing 1159 Notice of Substitution of Counsel by David S. Wisz on behalf of East Kentucky Power Cooperative, Inc. substituting for Carson M. Carmichael (Wisz, David)
January 18, 2013 NOTICE TO COUNSEL regarding #1158 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.)
January 17, 2013 Filing 1158 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)
January 4, 2013 Filing 1157 Notice of Substitution of Counsel by Joshua Brian Howard on behalf of SHO-ME Power Electric Cooperative substituting for Peter Anderson (Howard, Joshua)
January 3, 2013 Motion Submitted to District Judge Louise Wood Flanagan - #1156 MOTION to Withdraw as Attorney. (Baker, C.)
January 2, 2013 Filing 1156 MOTION to Withdraw as Attorney by Melinz-Rebar, Inc. (Attachments: #1 Text of Proposed Order) (Langdon, J.)
November 30, 2012 Opinion or Order Filing 1155 ORDER granting #1154 Motion to Withdraw as Attorney - Attorney William H. Harkins terminated as counsel for Caterpillar Inc. Signed by District Judge Louise Wood Flanagan on 11/30/2012. (Baker, C.)
November 30, 2012 Motion Submitted to District Judge Louise Wood Flangan - #1154 MOTION to Withdraw as Attorney. (Baker, C.)
November 28, 2012 Filing 1154 MOTION to Withdraw as Attorney by Caterpillar Inc. (Attachments: #1 Text of Proposed Order) (Harkins, William)
November 15, 2012 Filing 1153 NOTICE of Change of Address by Lee Knight Caffery (Caffery, Lee)
November 15, 2012 Filing 1152 NOTICE of Change of Address by Dawn T. Mistretta (Mistretta, Dawn)
November 15, 2012 Filing 1151 NOTICE of Change of Address by Stanley B. Green (Green, Stanley)
October 15, 2012 Filing 1150 NOTICE of Appearance by John D. Ormond on behalf of Caterpillar Inc. (Ormond, John)
September 24, 2012 Filing 1149 STIPULATION of Dismissal with Prejudice of Defendant Hudson Light and Power Department by Consolidation Coal Company. (Darragh, Daniel)
September 5, 2012 Filing 1148 Notice of Substitution of Counsel by Ryan Russell Kemper on behalf of SHO-ME Power Electric Cooperative substituting for Ross E. Linzer (Kemper, Ryan)
August 29, 2012 Motion Submitted to District Judge Louise Wood Flanagan - #1145 MOTION for Leave to File Surreply to Certain Third-Party Defendants' Omnibus Motion to Dismiss. (Baker, C.)
August 8, 2012 Filing 1147 RESPONSE in Opposition regarding #1145 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)
August 3, 2012 Filing 1146 Proposed Order regarding #1145 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)
August 3, 2012 NOTICE OF DEFICIENCY regarding #1145 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.)
August 3, 2012 Filing 1145 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)
August 1, 2012 Motion Submitted to District Judge Louise Wood Flanagan - #1121 Supplemental MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. (Baker, C.)
August 1, 2012 Motions Submitted to District Judge Louise Wood Flanagagn - #1123 MOTION to Dismiss Third-Party Complaint and Additional Third-Party Complaint, #954 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM the Additional Third Party Complaint of PCS Phosphate Company, Inc., #943 MOTION to Dismiss Additional Third-Party Complaint for Failure to State a Claim pursuant to Rules 12(b)(6) and 14, #950 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Third Party Complaint of PCS Phosphate Company, Inc., #960 Corrected MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM OR, IN THE ALTERNATIVE, JOINDER IN TALLAHASSEE MEMORIAL HEALTHCARE, INC.S MOTION FOR CLARIFICATION, #1127 Supplemental MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #952 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM the Third Party Complaint of PCS Phosphate Company, Inc., #1129 MOTION to Dismiss for Lack of Personal Jurisdiction, #1125 MOTION to Dismiss Third-Party Complaints of PCS Phosphates, Inc., #1119 MOTION to Dismiss. (Baker, C.)
July 31, 2012 Filing 1144 NOTICE of Appearance for non-district by Jeffrey R. Diver on behalf of The Rouse Company, LLC (Diver, Jeffrey)
July 19, 2012 Filing 1143 REPLY to Response to Motion regarding #1123 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)
July 19, 2012 Filing 1142 REPLY to Response to Motion regarding #1125 MOTION to Dismiss Third-Party Complaints of PCS Phosphate, Inc. filed by Trinity Industries, Inc. (Albergotti, Robert)
July 19, 2012 Filing 1141 REPLY to Response to Motion regarding #1119 MOTION to Dismiss filed by 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, 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., 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, 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)
July 19, 2012 Filing 1140 REPLY to Response to Motion regarding #1129 MOTION to Dismiss for Lack of Personal Jurisdiction filed by Truland Corporation. (Redmond, Robert)
July 19, 2012 Filing 1139 REPLY to Response to Motion regarding #1127 Supplemental MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Truland Corporation. (Redmond, Robert)
July 19, 2012 Filing 1138 NOTICE of Appearance by Garrick Alcarez Sevilla on behalf of Truland Corporation (Sevilla, Garrick)
July 13, 2012 Filing 1137 FINANCIAL DISCLOSURE STATEMENT by Carolina Power & Light Co., Inc. d/b/a Progress Energy Carolinas, Inc. identifying Corporate Parent Duke Energy Corporation, Corporate Parent Progress Energy, Inc. for Carolina Power & Light Co., Inc. d/b/a Progress Energy Carolinas, Inc., Carolina Power & Light Co., Inc. d/b/a Progress Energy Carolinas, Inc. (Smith, Christopher)
July 11, 2012 Filing 1136 NOTICE by Apogee Coal Company, L.L.C. Notice of Automatic Stay (Risinger, Bradley)
July 2, 2012 Filing 1135 RESPONSE in Opposition regarding #1119 MOTION to Dismiss filed by PCS Phosphate Company, Inc. (Meynardie, Robert)
July 2, 2012 Filing 1134 RESPONSE in Opposition regarding #1119 MOTION to Dismiss, #943 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., #950 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by City of Winston-Salem, North Carolina, #952 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by FABRI-KAL Corporation, #954 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Gencorp, Inc., #960 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, #1123 MOTION to Dismiss filed by Parker-Hannifan Corporation, #1125 MOTION to Dismiss filed by Trinity Industries, Inc. filed by PCS Phosphate Company, Inc. (Attachments: #1 Index of 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 Inc. Co. v. Fed. Realty Inv. Trust, #8 Exhibit G. Ameria Corp. v. United States) (Shipley, Curtis) Modified on 7/4/2012 to link to appropriate underlying motions. (Baker, C.)
July 2, 2012 Filing 1133 RESPONSE in Opposition regarding #1121 Supplemental MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #1127 Supplemental MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #943 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 Lunber Co. v. Int'l Paper Co., #8 Exhibit 7. American Int'l Specialty Lines Ins. Co. v. United States) (Shipley, Curtis)
July 2, 2012 Filing 1132 RESPONSE in Opposition regarding #1129 MOTION to Dismiss for Lack of Personal Jurisdiction filed by PCS Phosphate Company, Inc. (Attachments: #1 Exhibit A - Records of Transactions) (Story, Jane)
June 11, 2012 Filing 1131 STIPULATION of Dismissal With Prejudice of Defendant 3M Company by Carolina Power & Light Co., Inc. d/b/a Progress Energy Carolinas, Inc., Consolidation Coal Company, 3M Company, PCS Phosphate Company, Inc. (Darragh, Daniel)
June 4, 2012 Motion Submitted to District Judge Louise Wood Flanagan - #1094 MOTION for Leave to File Amicus Curiae Reply Brief. (Baker, C.)
June 1, 2012 Filing 1130 Memorandum in Support re #1129 MOTION to Dismiss for Lack of Personal Jurisdiction filed by Truland Corporation. (Attachments: #1 Exhibit A - Affidavit of Adam Chase Linkous) (Redmond, Robert)
June 1, 2012 Filing 1129 MOTION to Dismiss for Lack of Personal Jurisdiction by Truland Corporation. (Redmond, Robert)
June 1, 2012 Filing 1128 Memorandum in Support re #1127 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)
June 1, 2012 Filing 1127 Supplemental MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Truland Corporation. (Redmond, Robert)
June 1, 2012 Filing 1126 Memorandum in Support re #1125 MOTION to Dismiss Third-Party Complaints of PCS Phosphates, Inc. filed by Trinity Industries, Inc. (Albergotti, Robert)
June 1, 2012 Filing 1125 MOTION to Dismiss Third-Party Complaints of PCS Phosphates, Inc. by Trinity Industries, Inc. (Attachments: #1 Text of Proposed Order) (Albergotti, Robert)
May 31, 2012 Filing 1124 Memorandum in Support re #1123 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)
May 31, 2012 Filing 1123 MOTION to Dismiss Third-Party Complaint and Additional Third-Party Complaint by Parker-Hannifin Corporation. (Attachments: #1 Text of Proposed Order) (Olson, Kurt)
May 31, 2012 Filing 1122 Memorandum in Support re #1121 Supplemental MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Mass. Electric Construction Co. (Larson, Linda)
May 31, 2012 Filing 1121 Supplemental MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Mass. Electric Construction Co. (Attachments: #1 Text of Proposed Order) (Larson, Linda)
May 31, 2012 Filing 1120 Memorandum in Support re #1119 MOTION to Dismiss and Rule 14 filed by Babson College, Barnes & Powell Elecrical 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)
May 31, 2012 Filing 1119 MOTION to Dismiss by Babson College, Barnes & Powell Elecrical 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)
May 24, 2012 NOTICE TO COUNSEL regarding #1118 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.)
May 23, 2012 Filing 1118 RESPONSE to Discovery Request from NL - Third Supplemental Rule 26(a)(1) Disclosures by NL Industries, Inc. (Attachments: #1 Exhibit A - Declaration of John Rafferty) (Herz, Joel)
May 16, 2012 Filing 1117 Individual ANSWER to Third Party Complaint by Novartis Corporation. (Bowers, John)
May 16, 2012 Filing 1116 Individual ANSWER to Third Party Complaint and Additional Defenses by Barnes & Powell Elecrical Company, Inc. (Smith, M.)
May 16, 2012 Filing 1115 Amended ANSWER to Third Party Complaint and Affirmative Defenses to Third-Party Complaint by Woodstream Corporation. (Risinger, Bradley)
May 16, 2012 Filing 1114 Individual ANSWER to Third Party Complaint and Affirmative Defenses by SHO-ME Power Electric Cooperative. (Anderson, Peter)
May 16, 2012 Filing 1113 Amended ANSWER to Third Party Complaint and Affirmative Defenses to Third-Party Complaint by J. C. Blair Memorial Hospital. (Risinger, Bradley)
May 16, 2012 Filing 1112 Amended ANSWER to Third Party Complaint and Affirmative Defenses to Third-Party Complaint by CEMEX Construction Materials FL, LLC. (Risinger, Bradley)
May 16, 2012 Filing 1111 Amended ANSWER to Third Party Complaint and Affirmative Defenses to Third-Party Complaint by DACCO Incorporated. (Risinger, Bradley)
May 16, 2012 Filing 1110 Amended ANSWER to Third Party Complaint and Affirmative Defenses to Third-Party Complaint by National Railroad Passenger Corporation. (Risinger, Bradley)
May 16, 2012 Filing 1109 Magnetic Metals' individual ANSWER to Third Party Complaint by Magnetic Metals Corporation. (Harvey, Elizabeth)
May 16, 2012 Filing 1108 Amended ANSWER to Third Party Complaint by UPS Ground Freight, Inc.. (Babcock, Sarah)
May 16, 2012 Filing 1107 ANSWER to Third Party Complaint by Saint Augustine's College. (Francis, Charles)
May 16, 2012 Filing 1106 Original ANSWER to Third Party Complaint and Non-CERCLA Affirmative Defenses by Trinity Industries, Inc.. (Albergotti, Robert)
May 16, 2012 Filing 1105 Individual ANSWER to Third Party Complaint by Robert Bosch LLC. (Hartley, Joan)
May 16, 2012 Filing 1104 Individual ANSWER to Third Party Complaint by The National Lime and Stone Company. (Hartley, Joan)
May 16, 2012 Filing 1103 Individual ANSWER to Third Party Complaint by IES Commercial, Inc., and/or Integrated Electrical Services, Inc.. (Hartley, Joan)
May 16, 2012 Filing 1102 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)
May 15, 2012 Filing 1101 Affirmative Defenses and ANSWER to Third Party Complaint (Second Additional) Filed by PCS Phosphate Company by Georgia-Pacific, LLC. (Fedder, Jane)
May 15, 2012 Filing 1100 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)
May 15, 2012 Filing 1099 Individual ANSWER to Third Party Complaint and Additional Defenses by Tallahassee Memorial Healthcare, Inc. (Spurgeon, Susan)
May 14, 2012 Filing 1098 STIPULATION of Dismissal With Prejudice of Defendant Sara Lee Corporation d/b/a Hillshire Farms by Carolina Power & Light Co., Inc. d/b/a Progress Energy Carolinas, Inc., Consolidation Coal Company, PCS Phosphate Company, Inc., Sara Lee Corporation d/b/a Hillshire Farms. (Darragh, Daniel)
May 11, 2012 Filing 1097 RESPONSE in Opposition re #1094 MOTION for Leave to File Amicus Curiae Reply Brief (CORRECTED) filed by Consolidation Coal Company, PCS Phosphate Company, Inc. (Darragh, Daniel)
May 11, 2012 Filing 1096 *DOCUMENT CORRECTED AND REFILED AT DOCKET ENTRY #1097 * - RESPONSE in Opposition re #1094 MOTION for Leave to File Amicus Curiae Reply Brief filed by Consolidation Coal Company, PCS Phosphate Company, Inc. (Darragh, Daniel) Modified on 5/11/2012 to insert refiling information. (Baker, C.)
May 11, 2012 Filing 1095 RESPONSE in Opposition re #1094 MOTION for Leave to File Amicus Curiae Reply Brief filed by Carolina Power & Light Co., Inc. d/b/a Progress Energy Carolinas, Inc. (Smith, Christopher)
May 8, 2012 Filing 1094 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)
May 8, 2012 Opinion or Order Filing 1093 ORDER re #1086 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 5/8/2012. (Baker, C.)
May 8, 2012 NOTICE OF DEFICIENCY re: #1091 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.)
May 7, 2012 Filing 1092 Memorandum in Support re #1094 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.)
May 7, 2012 Filing 1091 *DOCUMENT CORRECTED AND REFILED AT DOCKET ENTRY #1094 * - 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.)
May 7, 2012 Filing 1090 NOTICE by PCS Phosphate Company, Inc. re #1088 Order on Motion for Miscellaneous Relief,, Order on Memorandum and Recommendations, 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)
May 7, 2012 Motions Submitted to District Judge Louise Wood Flanagan - #1049 MOTION to Strike Plaintiffs' Speculative Assertions of Fact and Inadmissible Allegations of Habit or Routine, #988 MOTION for Partial Summary Judgment as to Liability Against Repair Test Case Defendant Broad River Electric Cooperative, Inc., #991 MOTION for Summary Judgment, #938 MOTION for Partial Summary Judgment as to Liability Against Sale Test Case Defendant Georgia Power Company, #1058 MOTION to Exclude the Affidavit of Mr. Richard Westover and Related Deposition Testimony Cited by Georgia Power Company, #973 MOTION for Partial Summary Judgment as to CERCLA Liability Against Broad River Electric Cooperative, Inc., #1030 MOTION to Exclude the Affidavit of Mr. Richard Westover and Related Deposition Testimony, #880 MOTION for Summary Judgment and Request for Hearing, #883 MOTION for Partial Summary Judgment as to CERCLA Liability Against Georgia Power Company, #1051 MOTION to Strike Certain Materials and Statements Submitted by Plaintiffs, #1021 MOTION to Strike #871 Affidavit and #872 Affidavit of Brewer and Canady, and #1070 Amicus Curiae Brief. (Baker, C.)
May 3, 2012 Filing 1089 Proposed Order - Revised Proposed Order Regarding #1086 Notice of Substitution of Counsel filed by SHO-ME Power Electric Cooperative. (Anderson, Peter)
May 2, 2012 Opinion or Order Filing 1088 ORDER granting in part and denying in part #878 MOTION for Clarification re #327 Scheduling Order and adopting #1053 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.)
May 2, 2012 Opinion or Order Filing 1087 ORDER granting #1083 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.)
May 1, 2012 Filing 1086 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)
May 1, 2012 Filing 1085 RESPONSE re #1070 Amicus Curiae Appearance (Memorandum in Response to Amicus Brief) filed by Carolina Power & Light Co., Inc. d/b/a Progress Energy Carolinas, Inc.. (Smith, Christopher)
May 1, 2012 Filing 1084 RESPONSE re #1070 Amicus Curiae Appearance (Plaintiffs' Response to Amicus Defendants' Brief) filed by Consolidation Coal Company, PCS Phosphate, Inc. (Attachments: #1 Exhibit A - Am. Int'l Specialty Lines Ins. Co. v. United States) (Darragh, Daniel)
April 30, 2012 Motion Submitted to District Judge Louise Wood Flanagan - #1083 MOTION to Withdraw as Attorney. (Baker, C.)
April 30, 2012 Filing 1083 MOTION to Withdraw as Attorney by SHO-ME Power Electric Cooperative. (Attachments: #1 Text of Proposed Order) (Terpening, William)
April 30, 2012 Filing 1082 RESPONSE in Opposition re #1051 MOTION to Strike Certain Materials and Statements Submitted by Plaintiffs filed by Carolina Power & Light Co., Inc. d/b/a Progress Energy Carolinas, Inc., 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)
April 30, 2012 Filing 1081 RESPONSE in Opposition re #1049 MOTION to Strike Plaintiffs' Speculative Assertions of Fact and Inadmissible Allegations of Habit or Routine (Plaintiffs' Joint Response in Opposition to Broad River Electric Cooperative, Inc.'s Motion to Strike Eyewitness Testimony and Certain Evidence Incorrectly Described as Habit or Routine) filed by Carolina Power & Light Co., Inc. d/b/a Progress Energy Carolinas, Inc., Consolidation Coal Company, PCS Phosphate Company, Inc. (Attachments: #1 Exhibit 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 Aguirre, #10 Exhibit J - Excerpts 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 deposition 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 (Remedial Investigation and Risk Assessment Report) (Section 4.1)) (Darragh, Daniel)
April 26, 2012 Filing 1080 RESPONSE to Motion re #1058 MOTION to Exclude the Affidavit of Mr. Richard Westover and Related Deposition Testimony Cited by Georgia Power Company re #1023 Response, filed by Georgia Power Company. (Reinhardt, Daniel)
April 23, 2012 Motion Submitted to District Judge Louise Wood Flanagan - #1053 MEMORANDUM AND RECOMMENDATIONS re #878 MOTION for Clarification re #327 Case Management Order filed by Tallahassee Memorial Healthcare, Inc. (Baker, C.)
April 23, 2012 Filing 1079 NOTICE by Consolidation Coal Company, PCS Phosphate Company, Inc. re #1072 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)
April 23, 2012 Filing 1078 NOTICE by Consolidation Coal Company, PCS Phosphate Company, Inc. re #1072 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 - 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)
April 20, 2012 Filing 1077 REPLY to Response to Motion re #988 MOTION for Partial Summary Judgment as to Liability Against Repair Test Case Defendant Broad River Electric Cooperative, Inc. filed by Carolina Power & Light Co., Inc. d/b/a Progress Energy Carolinas, Inc. (Attachments: #1 Index Index 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)
April 20, 2012 NOTICE OF DEFICIENCY re: #1073 Notice-(Exhibits), #1074 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.)
April 20, 2012 Filing 1076 Memorandum in Opposition re #1058 MOTION to Exclude the Affidavit of Mr. Richard Westover and Related Deposition Testimony Cited by Georgia Power Company re #1023 Response, filed by Broad River Electric Cooperative, Inc. (Attachments: #1 Attachment 1-Chesney v. Tennessee Valley Authority, #2 Exhibit 1-06/02/11 Amended Notice of Deposition of Rich Westover, #3 Exhibit 2-T&R Electric Supply Co.'s Website Home Page) (Dewberry, Uyless)
April 20, 2012 Filing 1075 REPLY to Response to Motion re #991 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 all Parties, #3 Exhibit 2-E-mail Correspondence between Darragh & Matt Hicks, #4 Exhibit 3-E-mail correspondence between C. Smith, L. Jonas & 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. v. B&D Electric, #10 Exhibit 9-Representative MEW Records, #11 Exhibit 10-Excerpts from U.S. 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 14-1/4/2012 Deposition Excerpt of Gary H. Collison) (Fedder, Jane)
April 20, 2012 Filing 1074 *DOCUMENT CORRECTED AND REFILED AT DOCKET ENTRY #1079 * - NOTICE by Consolidation Coal Company, PCS Phosphate Company, Inc. re #1072 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.)
April 20, 2012 Filing 1073 *DOCUMENT CORRECTED AND REFILED AT DOCKET ENTRY #1078 * - NOTICE by Consolidation Coal Company, PCS Phosphate Company, Inc. re #1072 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.)
April 20, 2012 Filing 1072 RESPONSE in Support re #973 MOTION for Partial Summary Judgment as to CERCLA Liability Against Broad River Electric Cooperative, Inc. filed by Consolidation Coal Company, PCS Phosphate Company, Inc. (Attachments: #1 Index of Exhibits) (Darragh, Daniel)
April 19, 2012 Filing 1071 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.)
April 17, 2012 Filing 1070 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.)
April 16, 2012 Opinion or Order Filing 1069 ORDER granting #1065 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.)
April 16, 2012 Filing 1068 RESPONSE in Opposition re #1021 MOTION to Strike #871 Affidavit,, #872 Affidavit of Brewer and Canady filed by Carolina Power & Light Co., Inc. d/b/a Progress Energy Carolinas, Inc., Consolidation Coal Company, PCS Phosphate Company, Inc. (Attachments: #1 Index of Exhibits, #2 Exhibit 1 - 1/13/2012 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)
April 13, 2012 Filing 1067 RESPONSE to Motion re #1065 MOTION for Leave to File Amicus Curiae Brief filed by Carolina Power & Light Co., Inc. d/b/a Progress Energy Carolinas, Inc., Consolidation Coal Company, PCS Phosphate Company, Inc.. (Darragh, Daniel)
April 13, 2012 NOTICE TO COUNSEL re: #1065 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 re-file at this time. (Baker, C.)
April 13, 2012 Motion Submitted to District Judge Louise Wood Flanagan - #1065 MOTION for Leave to File Amicus Curiae Brief. (Baker, C.)
April 12, 2012 Filing 1066 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)
April 12, 2012 Filing 1065 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)
April 10, 2012 Filing 1064 NOTICE of Appearance by Alan D. Albert on behalf of Babson College (Albert, Alan)
April 9, 2012 Filing 1063 RESPONSE to Discovery Request from Second Supplemental Rule 26(a)(1) Disclosures by NL Industries, Inc. (Attachments: #1 Exhibit A - Declaration of William R. Bronner) (Herz, Joel)
April 6, 2012 Filing 1062 REPLY to Response to Motion re #883 MOTION for Partial Summary Judgment as to CERCLA Liability Against Georgia Power Company filed by Consolidation Coal Company, PCS Phosphate 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)
April 6, 2012 Filing 1061 REPLY to Response to Motion re #880 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 Co., #4 Exhibit Unpublished Case: Schiavone v. Northeast Utilities Svc Co.) (Reinhardt, Daniel)
April 6, 2012 Filing 1060 REPLY to Response to Motion re #938 MOTION for Partial Summary Judgment as to Liability Against Sale Test Case Defendant Georgia Power Company filed by Carolina Power & Light Co., Inc. d/b/a Progress Energy Carolinas, Inc.. (Attachments: #1 Index Index to Exhibits, #2 Exhibit A - US v. General Electric, 2012 US App. LEXIS 4148, #3 Exhibit B - Excerpt from Nov. 17, 2011 deposition of Keith Reed, #4 Exhibit C - Excerpt from Jan. 12, 2012 deposition of Richard Westover, #5 Exhibit D - Schiavone v. North-East Util. Serv. 2011 US Dist. LEXIS 29090, #6 Exhibit E - Excerpt from transcript of Aug. 18, 2009 hearing, #7 Exhibit F - US v. B&D Electric, 2007 US Dist. LEXIS 34086, #8 Exhibit Transformer example exhibit) (Smith, Christopher)
April 6, 2012 Filing 1059 Memorandum in Support re #1058 MOTION to Exclude the Affidavit of Mr. Richard Westover and Related Deposition Testimony Cited by Georgia Power Company re #1023 Response, filed by Carolina Power & Light Co., Inc. d/b/a Progress Energy Carolinas, Inc., Consolidation Coal Company, PCS Phosphate Company, Inc.. (Darragh, Daniel)
April 6, 2012 Filing 1058 MOTION to Exclude the Affidavit of Mr. Richard Westover and Related Deposition Testimony Cited by Georgia Power Company re #1023 Response, by Carolina Power & Light Co., Inc. d/b/a Progress Energy Carolinas, Inc., Consolidation Coal Company, PCS Phosphate Company, Inc.. (Attachments: #1 Text of Proposed Order) (Darragh, Daniel)
April 5, 2012 Opinion or Order Filing 1057 ORDER granting #1048 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.)
April 4, 2012 Filing 1056 NOTICE of Appearance by L. Phillip Hornthal, III on behalf of Babson College (Hornthal, L.)
April 4, 2012 Opinion or Order Filing 1055 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.)
April 3, 2012 Motion Submitted to District Judge Louise Wood Flanagan - #1048 MOTION to Withdraw as Attorney. (Baker, C.)
April 3, 2012 Filing 1054 FINANCIAL DISCLOSURE STATEMENT by Huntington Ingalls Incorporated identifying Corporate Parent Huntington Ingalls Industries, Inc. for Huntington Ingalls Incorporated. (Babcock, Sarah)
April 3, 2012 Filing 1053 MEMORANDUM AND RECOMMENDATIONS re #878 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.)
March 30, 2012 Filing 1052 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.Corp., #6 Exhibit 4-Edward Walsh Expert Report 10/2011, #7 Exhibit 5-Edward Walsh Supplemental Report, #8 Exhibit 6-CONSOL002734-2737, #9 Exhibit 7-Iron-Mtn-004589, 004602-4604, #10 Exhibit 8-Edward Walsh Deposition Excerpts, #11 Exhibit 9-Joe R. Brewer Deposition Excerpts 9/29/2010, #12 Exhibit 10-Email dated 10/27/11 from B. Baird to D. Darragh, #13 Exhibit 11-Joe Richard Brewer deposition excerpts 11/4/2010) (Fedder, Jane)
March 30, 2012 Filing 1051 MOTION to Strike Certain Materials and Statements Submitted by Plaintiffs by Broad River Electric Cooperative, Inc. (Fedder, Jane)
March 30, 2012 Filing 1050 Memorandum in Support of Motion to Strike Plaintiffs' Speculative Assertions of Fact and Inadmissible 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. Co. v. Greene, #4 Exhibit 3-Joe Richard Brewer Deposition Excerpts 11/4/2010, #5 Exhibit 4-Joe Richard Brewer Deposition Excerpts 09/29/2010, #6 Text of Proposed Order Proposed Order) (Fedder, Jane)
March 30, 2012 Filing 1049 MOTION to Strike Plaintiffs' Speculative Assertions of Fact and Inadmissible Allegations of Habit or Routine by Broad River Electric Cooperative, Inc. (Fedder, Jane)
March 30, 2012 Filing 1048 MOTION to Withdraw as Attorney by Alcoa Inc. (Attachments: #1 Text of Proposed Order) (Fairbanks, R.)
March 30, 2012 Filing 1047 RESPONSE re #975 Notice-(other), 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 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)
March 30, 2012 Filing 1046 Memorandum in Opposition re #988 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,Inc., #3 Exhibit 2-Voggenthaler v. Maryland Square, #4 Exhibit 3-U.S. v. Gen. Elec. Co., #5 Exhibit 4-Appleton Papers Inc. v. Whiting Paper, #6 Exhibit 5-Edward Walsh Deposition Excerpts, #7 Exhibit 6-7/1/2010 Letter from Dan Darragh) (Fedder, Jane)
March 30, 2012 Filing 1045 Memorandum in Opposition re #973 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 of Exhibits, #2 Exhibit 1- Depositon Excerpts of Edward Walsh, #3 Exhibit 2-William Wier Deposition Excerpts, #4 Exhibit 3-U.S. vs. G.E., No. 11-1034,2012 WL 639189, #5 Exhibit 4-Gary Collison Deposition Excerpts, #6 Exhibit 5-7/1/2010 D.Darragh Letter, #7 Exhibit 6-Robert Ward III Deposition Excerpts) (Fedder, Jane)
March 30, 2012 Filing 1044 RESPONSE in Opposition re #991 MOTION for Summary Judgment filed by Carolina Power & Light Co., Inc. d/b/a Progress Energy Carolinas, Inc. (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)